Agenda 06-20-06
The City of
nt n Bea h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
JUNE 20, 2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
DISTRI T 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
Janet M. Prainito
City Clerk
www.boynton-beach.org
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GENERAL RULES & 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.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
June 20, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. The annual "Salute to Independence" will be held on Tuesday, July 4th, 6:30 -
9:30 p.m. at Intracoastal Park featuring a brief opening program, a concert by
the Datura Street Band (rock-n-roll) and fireworks. Admission is free.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None.
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED 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>
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Agenda
Regular Commission Meeting
Boynton Beach, FL
v. ADMINISTRATIVE:
A. Appointments
Appoi ntment
To Be Made Board
I Ensler Adv. Bd. On Children & Youth Alt
II McCray Adv. Bd. On Children & Youth Alt
IV McKoy Adv. Bd. On Children & Youth Reg
Mayor Taylor Adv. Bd. On Children & Youth Reg
IV McKoy Arts Commission Alt
III Ferguson Bldg. Bd of Adj & Appeals Alt
IV McKoy Cemetery Board Alt
III Ferguson Code Compliance Board Alt
II McCray Code Compliance Board Alt
IV McKoy Code Compliance Board Reg
II McCray Community Redevelopment Agency Reg
I Ensler Community Relations Board Alt
Mayor Taylor Community Relations Board Alt
IV McKoy Education Advisory Board Alt
II McCray Education Advisory Board Reg
III Ferguson Education Advisory Board Reg
IV McKoy Education Advisory Board Reg
Mayor Taylor Education Advisory Board Alt
I Ensler Education Advisory Board Stu
II McCray Education Advisory Board Stu
III Ferguson Education Advisory Board Reg
Mayor Taylor Library Board Alt
IV McKoy Library Board Alt
IV McKoy Recreation & Parks Board Alt
III Ferguson Senior Advisory Board Alt
II McCray Employees' Pension Board Reg
VI. CONSENT AGENDA:
June 20, 2006
Length of Term
Expiration Date
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (2)
2 yr term to 4/08 Tabled (3)
2 yr term to 4/08 Tabled (3)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (3)
3 yr term to 4/09 Tabled (2)
4 yr term to 6/10
1 yr term to 4/07 Tabled
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (2)
2 yr term to 4/08 Tabled (3)
2 yr term to 4/08 Tabled (3)
2 yr term to 4/08 Tabled (3)
2 yr term to 4/08 Tabled (3)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
2 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
3 yr term to 4/08 Tabled (3)
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.
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
A. Minutes
1. Agenda Preview - June 2, 2005
2. Regular City Commission - June 6, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved
in the 2005-2006 Adopted Budget.
1. Award a five (5) year contract for "FINANCIAL AUDmNG SERVICES",
RFP#034-141O-06/0D to Nowlen, Holt & Miner, P.A. of West Palm Beach,
Florida for the fiscal years ended 09/30/06, 09/30/07, 09/30/08, 09/30/09 and
09/30/10. The total fiscal impact is $460,000. (Proposed Resolution No.
R06-106)
2. Approve a contract with rates for the "GPS ROAD CENTERLINE PROJECT
WITH FIELD VERIFIED POINT BASED ADDRESSING", and authorize the
execution of the contract with Digital Data Technologies of Columbus, Ohio,
RFQ #041-2210-06/0D. This project will be paid through a FEMA grant (up
to 80%) and there is an allowance in the Fire Department budget for the
remaining 20% (Proposed Resolution No. R06-107)
3. Approve a piggyback of Hillsborough County, Florida, Bid #T-0284-05 (JJ)
with GODWIN PUMPS OF AMERCIA, INC., of Tampa, FL, for the rental of
portable pumps and generators. The emergency equipment will cost $70,371
and mobilization (transportation roundtrip) cost is $2,400. Total expense is
$72,771.
C. Resolutions:
1. Proposed Resolution No. R06-108 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits and Covenant for Annexation with Military Trail Development Group,
LLC for the project known as Gateway Townhomes.
2. Proposed Resolution No. R06-109 RE: Authorizing
execution of an Assignment and Assumption Agreement among Bellsouth
Telecommunications, Inc. ("BeIlSouth"), City of Boynton Beach, Florida
("Assignor") and Palm Beach County, Florida, its successors and assigns
("Assignee") for installation of a secondary E 9-1-1 PSAP for the purpose of
relocating 9-1-1 Communications Department in the event of emergency
evacuation.
3. Proposed Resolution No. R06-110 RE: Approving a Special
Warranty Deed for Lot 3, less I-95 right-of-way, Block 2, FOREST HILLS, as
recorded in Plat Book 25, Page 57, according to the Public Records of Palm
Beach County, Florida conveying title to Karen Main, a participant in the City's
SHIP Construction Program.
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
4. Proposed Resolution No. R06-111 RE: Authorizing
execution of a revised agreement that assigns ground lease interest and
obligations to Global Signal, Inc., and a certificate of estoppel. (Ground lease
for telecommunications tower at Ezell Hester Park)
5. Proposed Resolution No. R06-112 RE: Approving and
authorizing execution of an Interlocal Agreement with the Town of Hypoluxo
to share the purchase cost of an emergency generator at a City Lift Station.
The net cost is estimated to be $15,000.
D. Authorize refund of cash surety deposit for the project known as Lester PUD, in the
amount of $7,000 and issue payment to Cascade Lakes Ltd.
E. Approve the "SEAVIEW PARK CLUB" Record Plat, conditioned on the approval being
the certification of the plat documents by H. David Kelley, Jr., (City Engineer and
Survey & Mapper).
F. Approve the recommendations of the Community Development Block Grant review
committee for funding activities in preparation of the City's One Year Action Plan for
FY 2006/2007.
G. Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) and
Commissioner Bob Ensler ($1,000) for Gulf Stream Council, Inc., Boy Scouts of
America.
H. Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) to The
Juvenile Transition Center, Inc.
VII. CODE COMPUANCE & LEGAL SETTLEMENTS:
None
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
Muvico Theaters (SPTE 06-004)
George Figler, Muvico Theaters
Boynton, JCP Associates, LTD.
301 North Congress Avenue
Request for site plan time extension approval for Muvico Theaters
and 17,528 square feet of retail space at the former Macy's mall
entrance granted on April 29, 2005, from April 19, 2006 to April 19,
2007.
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Agenda
Regular Commission Meeting
Boynton Beach, FL
B.
June 20, 2006
Project:
Agent:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
D. Project:
Agent:
Owner:
Location:
Description:
E. Project:
Agent:
Owner:
Location:
Description:
Fosters Mill (MPMD 05-010)
George Delarosa, President of Fosters Mill HOA
North side of Miner Road between Congress Avenue and Lawrence
Road
Request for Master Plan Modification of the Fosters Mill P.U.D. to
reduce the minimum side yard setback from ten (10) feet to eight
(8) feet and the minimum rear yard setback from five (5) feet to
three (3) feet for screened roof enclosures, and to reduce the
minimum rear yard setback for pools from eight (8) feet to five (5)
feet.
Forest Hill Lot 3, Block 2 (ZNCV 06-007)
Octavia Sherrod
City of Boynton Beach
South side of SW 23rd Terrace approximately 255 feet west of SW
6th Street.
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a
minimum lot frontage of seventy-five (75) feet to allow a thirty-four
(34) foot variance for an odd shaped remnant lot as a result of I-95
taking, resulting in a forty-one (41) foot frontage for a proposed
single-family residence within the R-1-AA single family zoning
district; and
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a
minimum rear yard setback of 20 feet to allow a five (5) foot
variance, resulting in a fifteen (15) foot rear yard setback for a
proposed single-family residence within the R-1-AA single family
zoning district.
Aspen Glen (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
East side of Lawrence Road, approximately 1,000 feet south of
Hypoluxo Road
Request to annex subject property (9.34 acres) (1st Reading of
Proposed Ordinance No. 06-051)
Aspen Glen (LUAR 06-013)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
East side of Lawrence Road, approximately 1,000 feet south of
Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map
from Medium Density Residential (MR-5, Palm Beach County) to Low
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
Density Residential (LDR) (1st Reading of Proposed Ordinance
No. 06-052)
Request to rezone from Agricultural Residential (AR, Palm Beach
County) to Planned Unit Development (PUD) (1st Reading of
Proposed Ordinance No. 06-053)
Proposed Use: 45 zero lot line single-family home
F.
Project:
Agent:
Owner:
Location:
Description:
G.
Project
Agent:
Owner:
Location:
Descri ption:
H.
Project:
Agent:
Owner:
Location:
Description:
1.
Project:
Agent:
Owner:
Location:
Description:
Pylon Interstate Plaza (COUS 06-004)
Steven L. Cohen
Chambers Properties, LLC
1501 Corporate Drive
Request for conditional use/new site plan approval to construct a
two (2) story, 29,419 square foot building and related site
improvements on a 2.861-acre parcel in the C-1 zoning district.
Pylon Interstate Plaza (HTEX 06-003)
Steven L. Cohen
Chambers Properties, LLC
1501 Corporate Drive
Request for Height Exception approval to allow a decorative hip roof
over the proposed elevator shaft at a height of 53 feet 6 inches, a
total of 18 feet above the 35 foot height limit for buildings
constructed over parking in the C-1 zoning district.
Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay)
Michael J. Covelli, Caufield & Wheeler, Inc.
National Land Company, Inc.
Adjacent to and east of I-95, west of Lake Ida, west of South Lake
Drive
Request to annex subject property (5.783 acres)(lst Reading of
Proposed Ordinance No. 06-054)
Lake Trail Estates (LUAR 06-012) (fka Bermuda Bay)
Michael J. Covelli, Caufield & Wheeler, Inc.
National Land Company, Inc.
Adjacent to and east of I-95, west of Lake Ida, west of South Lake
Drive
Request to amend the Comprehensive Plan Future Land Use Map
from Industrial (Palm Beach County) to Low Density Residential
(4.84 du/ac) (1st Reading Proposed Ordinance No. 06-055)
Request to rezone from Light Industrial (IL) (Palm Beach County),
and R1-AAB Single-Family Residential to R1-AA Single Family
Residential (1st reading of Proposed Ordinance No. 06-056)
Proposed Use: 22 Single-family residential homes.
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
IX. CITY MANAGER'S REPORT:
A. Utility Service Area Analysis to maintain existing service area boundaries to achieve
greatest system efficiencies and lowest capital costs.
X. FUTURE AGENDA ITEMS:
A. Review and possible adjustment of the stormwater fees (July 5, 2006)
B. Water Supply Options - July 5, 2006 (topic will be discussed as part of the City's
Budget discussions July 11th-13th)
C. Ordinance for procedure of advisory board election of chair and vice chair.
D. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage
(July 18, 2006)
E. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1,
2006)
F. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006)
G. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee (Aug, 15, 2006)
H. Update on M-1 Zoning District Study Matthews Report - Aug. 2006
XI. NEW BUSINESS:
A. Preliminary consideration to amend City Codes and/or Ordinances to include
requirements for demolition and remediation following approval of site plan.
B. Preliminary consideration of a request for code review from Ms. Leeza Arustamyan
to amend the Land Development Regulations, Chapter 2, Section 6.H.15. Suburban
Mixed Use Zoning District to add "Massage Therapy" as a permitted use within the
Live/Work use list of the SMU zoning district.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-036 RE: Adopting a new
Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
Fund" in the Boynton Beach Code of Ordinances entitled "Pensions for
Police Officers". (Tabled to June 20, 2006)
2. Proposed Ordinance No. 06-049 RE: Amending the
Code of Ordinances, Chapter 13, Occupational License, Sec. 13-4,
Classification and Fee Schedule to provide for a 5 percent increase in
license fees.
3. Proposed Ordinance No. 06-050 RE: Approving the
consolidation of powers of the Children and Youth Advisory Board and the
Education Advisory Board; amending Chapter 2, Article VIII changing all
references from "Education Advisory Board" to "Education and Youth
Advisory Board".
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-057 RE: Adopting an
amendment of Part III, Land Development Regulations, Chapter 1, Article
V, Impact Fees and Dedications.
2. Proposed Ordinance No. 06-058 RE: Amending
Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new sub-
section (C) entitled "Generators - Exemptions".
3. Proposed Ordinance No. 06-059 RE: Enacting
restrictions to fishing on the Boynton Beach Boulevard promenade area
east of Federal Highway to the Intracoastal Waterway.
D. Resolutions:
1. Proposed Resolution No. R06-113 RE: Approving the
dedication of a 1.59-acre conservation easement in conjunction with the
conditions of site plan approval for the Children's Services Council offices.
E. Other:
1. Recess for Closed-Door Session to discuss the following cases:
City of Boynton Beach vs. Marwan Ghali, Suhair Gali, Johnny Lee
Roberts, et al. Case No. 50 2006 CA 004137 ><XXX MB AO
City of Boynton Beach vs. Marwan Ghali, Suhair Gali, Blanche H. Girtman,
James L. King, Wayde L. King, Leroy King, Dollie Robinson and John K.
Clark, Tax Collector. Case No. 502006 CA 002933 ><XXX MB AO
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Agenda
Regular Commission Meeting
Boynton Beach, FL
June 20, 2006
XIII. UNFINISHED BUSINESS:
A. Selection of Steering Committee for 2006 American Assembly Program for Boynton
Beach.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE cm COMMISSION WITH RESPECT" TO ANY MATTER CONSIDERED AT THIS MEETING,
HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE cm SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILm AN
EQUAL OPPORTUNm TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIvm CONDUCTED BY THE cm. PLEASE
CONTACT" JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIvm IN ORDER FOR THE cm TO
REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 06/19/06 11:45 a.m.
5: \CC\ WP\CCAGENDA \AGENDAS\y ear 2006\062006.doc
9
lII.-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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6. 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) [8'J June 20. 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 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
[8'J Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Permit announcement.
EXPLANATION: The City will present its annual "Salute to Independence" on Tuesday, July 4, 6:30-9:30 p.m., at
Intracoastal Park. The evening will feature a brief opening program, a concert by the Datura Street Band (rock-n-rolI) and
fireworks. This free event is sponsored by the Sun-Sentinel, Boynton Times, WIRK-FM, Commerce Bank and the Town of
Ocean Ridge.
PROGRAM IMPACT: This announcement will help raise awareness of this event in the community.
FISCAL IMPACT: None
itA ~. ~~oZ
~ Departmen ead's nature
ALTERNATIVES: Not permit announcement
Public Affairs
Department Name
City Attorney! Finance! Human Resources
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Cflt&
v. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 06/20/06
LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Ba rnes Matthew Community Redev. Planning & Dev. 3/30/06
Aqenev Board Board
Begleiter Bernice Senior Advisory Bd. 6/14/04
"0~\-;:~~~'~' ".
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VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) [gI June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF [gI 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: A motion to award a five (5) year contract for "FINANCIAL AUDITING SERVICES", RFP
#034-141O-06/CJD, to Nowlen, Holt & Miner, P.A. of West Palm Beach, Florida for the fiscal years ended 09/30/06,
09/30/07, 09/30/08,09/30/09 and 09/30/10.
EXPLANATION: On May 10, 2006, Procurement Services opened and tabulated four (4) proposals to our RFP for
"Financial Auditing Services". An Audit Committee was appointed by the City Commission on February 28, 2006 comprised
of Bill Mummert, Director of Financial Services, Bobby Jenkins, Assistant Director of Financial Services, and Mary Munro,
Assistant to the Director of Financial Services for the purpose of reviewing proposals and recommending a CPA Finn to
conduct the annual audit of the City's financial statements. On May 24, 2006, the Audit Committee gave all four (4) finns the
opportunity to make presentations to the committee in an effort to learn more about each of the finns that submitted proposals.
Each committee member reviewed the proposals independently and utilized a numerical scoring system and rating sheet to
evaluate each proposal against the selection criteria established in the RFP. The Audit Committee met on May 31, 2006 to
discuss their scoring and ranking of the four (4) proposals. Each member's score was tabulated to arrive at the final score for
each finn and the final overall ranking, with Nowlen, Holt & Miner receiving the highest point total and the #1 ranking. All
three committee members had given Nowlen, Holt & Miner their highest score, so the Audit Committee was in full agreement
that Nowlen, Holt & Miner was the most responsive responsible Auditor that met all criteria. A summary of the final rankings
is as follows:
I. Nowlen, Holt & Miner, P.A.
2. Caler, Donten, Levine, Druker, Porter & Veil, P.A.
3. Rachlin Cohen & Holtz
4. Grau & Associates
PROGRAM IMPACT: The purpose of this RFP was to seek the services of an independent certified public accounting firm
to provide external independent auditing services to the City for a period of five (5) years beginning with an audit of the
financial statements of the City for the fiscal year ending September 30,2006. The City also desires the auditor to express an
opinion on the fair presentation of its general purpose financial statements in confonnity with generally accepted accounting
principles. The Auditor General of the State of Florida requires an annual audit be perfonned each year.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
FYE 09/30/06 Audit
FYE 09/30/07 Audit
FYE 09/30/08 Audit
FYE 09/30/09 Audit
FYE 09/30/1 0 Audit
TOTAL
$ 86,000
$ 89,000
$ 92,000
$ 95,000
$ 98,000
$460.000
NOTE: The cost ofthe 2005/06 Audit was $89,950
AL TERNA TIVES: Since compensation was one of the factors used by the Committee in the evaluation of proposals, the
City Commission is required under the provisions of the controlling statue to select the highest-rank qualified firm (Nowlen,
Holt) or the Commission must document in its public records the reason for not selecting the highest-ranked qualified firm.
The latter req . ement will necessitate a very specific motion incorporating specifi justification for bypassing the highest
ranked firm.
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~
The City of Bovnton Beach, Florida
] 00 E. Boynton Beach Boulevard
P.O. Box 3]0
Boynton Beach, Florida 33425-0310
Finance Administration (561) 742-6310
Fax: (56])742-63]6
MEMORANDUM
TO:
Carol Doppler
Bill Mumme~
FROM:
DATE:
June 1,2006
SUBJECT:
Audit Committee Recommendation - RFP for Auditing Services
On February 28, 2006 the City Commission appointed an Audit Committee comprised of Bill Mummert,
Director of Financial Services, Bobby Jenkins, Assistant Director of Financial Services, and Mary Munro,
Assistant to the Director of Financial Services, for the purpose of recommending a CPA firm to conduct
the annual audit of the City's financial statements.
Procurement Services solicited "Requests for Proposals for Financial Auditing Services" and on May 10,
2006 opened and tabulated four (4) proposals from the following firms: Caler, Donten, Levine, Druker,
Porter & Veil, P.A. (current auditor), Grau & Company, Nowlen, Holt & Miner, and Rachlin, Cohen &
Holtz. On May 24, 2006, the Audit Committee gave all four (4) firms the opportunity to make
presentations to the committee in an effort to learn more about the qualifications of the firms. The
committee members subsequently completed independent reviews of all four proposals and utilized a
numerical scoring system and rating sheet to evaluate each proposal against the selection criteria
established in the RFP. The Audit Committee held a public meeting on May 31, 2006 to discuss their
scoring and ranking of the four (4) proposals. Each member's score was tabulated to arrive at the final
score for each firm and the final overall ranking. The Audit Committee has established the final rankings
and is set to make their recommendation of the #1 ranked firm to the City Commission at the June 20,
2006 commission meeting. A summary of the final rankings is as follows:
I. Nowlen, Holt & Miner, P.A.
2. Caler, Donten, Levine, Druker, Porter & Veil, P.A.
3. Rachlin Cohen & Holtz
4. Grau & Associates
All three committee members had given Nowlen, Holt & Miner their highest score, so the Audit
Committee was in full agreement that Nowlen, Holt & Miner was the most responsive responsible
Auditor that met all criteria and should be awarded the five (5) year contract for Auditing Services for the
fiscal years ended 09/30/06, 09/30/07, 09/30/08, 09/30/09 and 09/30/1 O.
CITY OF BOYNTON BEACH
RFP FOR AUDITING SERVICES
Summary of Firms SubmittinQ Proposals
Caler, Donten, Levine, Nowlen,Holt
Druker, Porter & Veil Grau & Associates & Miner, PA Rachlin, Cohen & Holtz
Date Established 1987 1/3/2006 1961 1955
Local Firm Local Firm Local Firm Local Firm
(Formel1y Grau & Company)
# of Employees 57 17 28 190
Professional Staff 45 15 20 124
1 Audit Staff 13 15 20 25
(All Prof. Staff qualified audits)
Minority Owned Business NO YES NO NO
(Certified by PSC School District)
Florida Locations West Palm Beach Boca Raton West Palm Beach Fort Lauderdale
Belle Glades Miami
Stuart
West Palm Beach
Current Clients City of Boynton Beach C~y of North Lauderdale City of Belle Glades Town of Lantana
City of Delray Beach Town of Hypoluxo City of Green Acres Village of Tequesta
Town of Juno Beach Town of Dayie C~y of Pahokee C~y of Miramar
Town of Jupiter City of Pompano Beach C~y of Riyeria Beach
Town of Jupiter Island (Joint Venture. 40%) Town of Gulf Stream
Town of Lake Park Town of Highland Beach
Town of Palm Beach Town of Manalapan
Village of Royal Palm Beach T own of Palm Beach Shores
Solid Waste Authority of PBC (125) Special Districts Children's Services Council South Central Regional
Healthcare District of PBC (Broward & Palm Beach Counties) Wastewater Treatment
Palm Beach Inl'l Airport Belle Glade Housing Auth. Northern Palm Beach Cty
Imorovement District
Fees
2005-06 $97,150 $85,000 $86,000 $92,500
2006-07 $101,050 $85,500 $89,000 $98,100
2007-08 $105,100 $86,000 $92,000 $104,000
2008-09 $109,300 $86,500 $95,000 $110,000
2009-10 $113,700 $87,000 $98,000 $116,800
TOTAL $526,300 $430,000 $460,000 $521,400
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CONSULTANT AGREEMENT FOR
"FIVE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES"
THIS AGREEMENT, entered into this 20th day of June. 2006. between the City of
Boynton Beach, a political subdivision of the State of Florida, hereinafter referred to as
the "CITY", and NOWLEN. HOLT & MINER. P.A.. a Florida Corporation~ authorized
to do business in the State of Florida, hereinafter referred to as the "AUDITOR".
1. SCOPE OF EXAMINATION:
(a) The AUDITOR will audit the CITY'S general purpose financial
statements in accordance with generally accepted auditing standards,
Section 11.45, Florida Statutes, and Chapter 10.550 of the rule of the
Auditor General.
(b) The scope of the audit shall include all entities operating under the CITY
and all audits now required by State and Federal authorities, including
those under the Single Audit Act of 1984 ( compliance audits).
(c) The financial and compliance audits shall be in accordance with all State
and Federal laws and regulations relating to audit standards, requirements
and guidelines.
2. TERM:
The term of the agreement shall be for the period of five (5) years to cover
the fiscal years September 30,2006, September 30,2007, September 30,
2008, September 30, 2009 and September 30,2010.
3. TIMING OF THE WORK:
(a) AUDITOR shall use reasonable efforts, subject to laws, regulations and
professional standards applicable to complete the services required in
accordance with dates to assure completion for the Comprehensive Annual
Financial Report (CAFR) for meritorious review, but no later than the time
allocated by Section 11.45 Florida Statutes and Chapter 10.550 of the
rules of the Auditor General.
(b) CITY 1;Inderstands that the proper and timely completion of AUDITOR'S
services hereunder require the reasonable cooperation of CITY, its
agencies, and their respective officers, directors, employees, other
personnel and agents. CITY agrees to provide all such reasonable
cooperation requested by AUDITOR and agrees to be responsible for the
performance of the officers, directors, employees, other personnel and
agents of the CITY and its agencies. Failure to provide the assistance
CA-I
agreed to by the AUDITOR and CITY at the commencement of or during
audit field work shall be cause for extension of deadlines and/or additional
compensation to the AUDITOR at the average hourly rate stipulated in the
contract.
(c) AUDITOR may make reasonable use of CITY data processing facilities to
perform testing and sampling techniques in connection with the audit, with
the realization that data personnel must be given consideration to
effectively perform day-to-day requirements.
4. COMPENSATION:
(a) Compensation for the audits, as defined in Section 1, shall be
as follows: FYE 09/30/06 Audit $86,000.00
FYE 09/30/07 Audit $89,000.00
FYE 09/30/08 Audit $92,000.00
FYE 09/30/09 Audit $95,000.00
FYE09/301l0 Audit $98,000.00
(b) AUDITOR will invoice the CITY for work performed under this
agreement for Fiscal Year 2006 and each succeeding year on the basis of
the percentage of the work completed. AUDITOR'S final invoice shall
indicate the distribution of the total fee to the various fund accounts as
requested by the Finance Department. It is expressly understood that any
incidental or out-of-pocket costs incurred by AUDITOR are covered by
the total compensation and are not to be billed separately.
(c) Invoices received from the AUDITOR pursuant to this agreement will be
reviewed and approved by the Finance Department, indicating that
services have been rendered in conformity with the agreement.
5. CHANGES IN SERVICES:
CITY and AUDITOR recognize that the scope of services and
compensation under this agreement are predicated upon current audit
requirements imposed by laws, regulations and professional standards
relating to such services. CITY and AUDITOR further recognize that the
scope of services and compensation under this agreement are predicated
upon expectations of reasonable cooperation with AUDITOR by CITY
pursuant to this agreement, and the absence of any irregularities or
extraordinary circumstances which might necessitate the extension of
audit services beyond the normal scope of auditing services.
Should irregularities, the absence of such reasonable cooperation, increase
in the level of services required under applicable law, regulations or
professional standards, or other unforeseen conditions be encountered
CA-2
which might necessitate the extension of auditing work beyond the scope
of normal auditing procedures, AUDITOR agrees to advise CITY
promptly in writing of the circumstances and to request an equitable
adjustment in the maximum fee before significant additional time is
incurred by AUDITOR. Any such requests for adjustments shall be in
writing and shall contain a detailed explanation of why the adjustments are
necessary .
CITY and AUDITOR agree to negotiate in good faith to determine an
equitable adjustment in the maximum fee. Should CITY and AUDITOR
be unable to agree upon an equitable adjustment within 14 days of
AUDITOR'S written request, or such other tie period as agreed upon in
writing by CITY and AUDITOR, either party may, notwithstanding any
other provision in the agreement, terminate this agreement upon seven (7)
days notice to the other party. CITY shall be liable for time charges
actually incurred by AUDITOR except for any such additional time which
has been included as a result of the circumstances necessitating
adjustment.
6. ADDITIONAL SERVICES:
In the event that the CITY and AUDITOR mutually agree that AUDITOR
will provide additional services, the terms and total fee will be negotiated
separately for each proposed project.
7. CONSULTATION WITH AUDITOR GENERAL AND COGNIZANT
AGENCY:
CITY expressly permits AUDITOR to consult with the Auditor General of
the State of Florida and the federally designated "Cognizant Agency" on
any matter pertaining to the Audit which, in the judgment of the
AUDITOR, would be important to the conduct of its audit or its report on
the results hereof.
8. TRUTH-IN-NEGOTIATION CERTIFICATE:
Signature of this agreement by the AUDITOR shall act as the execution of
truth-in-negotiation certificate certifying that the estimated time charges
and expense used to determine the compensation provided for in this
agreement are accurate, complete and current as of the date of this
agreement.
CA-3
9. FIELD WORK:
For the first year of the engagement, planning ofthe audit field work
should commence immediately after the execution of this professional
services agreement. AUDITOR shall use reasonable efforts, subject to
laws, regulations and professional standards applicable to the services
hereunder to complete the field work at such time necessary to meet the
timing requirements.
10. PREPARATION OF FINANCIAL STATEMENTS:
(a) The statements to be audited will be prepared by Financial Services
Department in accordance with generally accepted accounting principles.
AUDITOR will submit any proposed adjusting journal entries to the
Financial Services Department for approval in a timely manner.
(b) CITY understands and agrees that the underlying books and records of
account must be properly closed as required by Florida Statutes to
maintain the independence of the AUDITOR and allow the AUDITOR
reasonable time to meet the completion dates ofthe audit.
11. SUPPORT PERSONNEL:
Throughout the audit engagement, support personnel will be made
available by CITY to provide assistance for tasks, such as identifying
locations of required records and documentation and gathering needed
records and supporting information, with the realization that support
personnel must be given consideration to effectively perform day-to-day
requirements.
12. CANCELLATION OF AGREEMENT:
Either CITY or AUDITOR may cancel this agreement for fiscal years
subsequent to the first year of this agreement by written notice to the other
party given not later than seven (7) calendar months (February 28) prior to
the end of the fiscal year next subject to audit. The parties agree that such
cancellation on its part shall be only for cause and after appropriate
discussion with the other party.
Notwithstanding the foregoing paragraph of this section, AUDITOR may
resign or CITY may terminate AUDITOR as CITY'S auditor and
terminate this agreement at any time as required in accordance with the
laws, regulations and professional standards applicable to the type of
services provided under this agreement.
CA-4
13. EXCUSABLE DELAYS:
The AUDITOR shall not be considered in default by reason of any failure
in performance if such failure arises out of causes reasonably beyond the
AUDITOR'S control and without its fault or negligence. Such causes may
include, but are not limited to: acts of God; the CITY'S omissive and
commissive failure; natural or public health emergencies; labor dispute;
and severe weather conditions.
14. CONTINGENT FEES:
The AUDITOR warrants that it has not employed or retained any
company or person to solicit or secure this agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or
firm, other that a bona fide employee working solely for the AUDITOR,
any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making the agreement.
15. NON-DISCRIMINATION:
The AUDITOR warrants and represents that all of its employees are
treated equally during employment without regard to race, color, religion,
sex, age, or national origin.
16. INDEPENDENT CONSULTANT RELATIONSHIP:
The AUDITOR is, and shall be, in the performance of all work services
and activities under this agreement, an Independent Contractor, and not an
employee, agent, or servant of the CITY. All persons engaged in any of
the work or services performed pursuant to this agreement shall, at all
times and in all places, be subject to the AUDITOR'S sole direction,
supervision and control.
The AUDITOR shall exercise control over the means and manner in
which it and its employees perform the work, and in all respects, the
AUDITOR'S relationship and the relationship of its employees to the
CITY shall be that of an Independent Contractor and not as employees or
agents ofthe CITY.
The AUDITOR does not have the power or authority to bind the CITY in
any promise, agreement or representation other than specifically provided
for in this agreement.
CA-5
17. SEVERABILITY:
If any term or provision of this agreement, or the application thereof to
any person or circumstance shall, to any extent, be held invalid or
unenforceable, the remainder of this agreement or the application of such
terms or provisions, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this agreement shall be deemed valid and
enforceable to the extent permitted by law.
18. ENTIRETY OF CONTRACTUAL AGREEMENT:
The CITY and the AUDITOR agree that this agreement sets forth the
entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions,
terms and conditions contained in this agreement may be added to,
modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto.
19. AMENDMENTS AND MODIFICATIONS:
No amendments and/or modifications of this agreement shall be valid
unless in writing and signed by each of the parties.
20. NOTICE:
All notices required in this agreement shall be considered delivered when
received by certified mail, return receipt requested, or personal delivery
and if sent to the CITY, shall be mailed to:
William Mummert, Director
Financial Services Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
and if sent to the AUDITOR, shall be mailed to:
Firm Nowlen, Holt & Miner, P.A.
Contact Edward T. Holt, Principal
Address 215 Fifth Street, Suite 200
P.O. Box 347
West Palm Beach, FL 33402
CA-6
21. AUDITOR'S PROPRIETARY INFORMATION AND WORKPAPERS:
All work papers of AUDITOR shall remain the property of AUDITOR. In
addition, to the extent that AUDITOR utilizes any of its property
(including, without limitation, any hardware or software of AUDITOR or
any proprietary or confidential information or trade secrets of AUDITOR)
in performing the services hereunder, such property shall remain the
property of AUDITOR and the CITY shall acquire no right or interest in
such property.
22. INDEMNIFICATION:
Consultant shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including attorneys fees and costs, arising
from injury or death to persons, including injuries, sickness, disease or
death to Consultant's own employees, or damage to property occasioned
by a negligent act, omission or failure of the Consultant during the time
period this contract is in effect.
23. INSURANCE:
The AUDITOR shall obtain all insurance required by the CITY as shown
on Attachment 'A' which becomes a part of this agreement. The
insurance must remain in force throughout the terms of this agreement.
CA-7
WHEREFORE, the parties have signed this agreement on the date first above written.
CITY OF BOYNTON BEACH
City Manager
Auditing Firm
Attest/Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
CA-8
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0 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) l'8J 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 l'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
R.t!;COMMENDATION: A motion to establish an Audit Committee comprised of Bill Mummert, Director of Financial
Services, Bobby Jenkins, Assistant Director of Financial Services, and Mary Munro, Assistant to the Director of Financial
Services for the purpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements.
EXPLANATION: The City has an existing contract with Caler, Donten, Levine, Druker, Porter & Veil to perform the
annual audit for the fiscal years ending September 30, 2003, 2004 and 2005. Therefore, it will be necessary to solicit
proposals for auditing services for the fiscal year ending September 30, 2006 and beyond. The Florida Statutes, Title XIV,
Chapter 218.391 now requires municipalities to establish an audit committee for the primary purpose of assisting the
governing body in selecting an auditor to conduct the annual financial audit. As a prerequisite to the formal RFP/RFQ
process, th,e Audit Committee must be appointed by the City Commission. Upon appointment of the Audit Committee, the
Finance :QepartmentIProcurement Services will send out a formal Request for Proposal for a "Five Year Contract for
Financial Auditing Services" to cover the fiscal years ending September 30,2006 to September 30,2010.
PROGRAM IMP ACT: In the past a selection committee has been assigned internally to review and evaluate all RFP's
submitted for auditing services and make a recommendation to the City Commission. This process takes it one step further by
requiring the formal appointment of an Audit Committee to evaluate all proposals. In addition, the Audit Committee is
. required to rank and recommend, in order of preference, no fewer than three finns deemed to be the most highly qualified to
perform the required scope of services. The top three finns, as ranked by the Audit Committee, will make presentations to the
:ity Commission. Based on the presentations, the Commission may select the highest ranked firm, as recommended by the
~udit Committee, or one of the other two ranked finns.
City Manager's Signature
Financial Services
Department Name
\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
.--HO-----
Select Year: 1?_qQ~ II
The 2005 Florida Statutes
Title XIV
TAXATION AND
FINANCE
Chapter 218
ANANCIAL MATTERS PERTAINING TO POLITICAL
SUBDIVISIONS
View Entire
Chapter
218.391 Auditor selection procedures.--
(1) Each local governmental entity, district school board, charter school, or charter technical career
center, prior to entering into a written contract pursuant to subsection (7), except as provided in
subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual
financial audit required in s. 218.39.
(2) The governing body of a charter county, municipality, special district, district school board, charter
school, or charter technical career center shall establish an audit committee. Each noncharter county
shall establish an audit committee that, at a minimum, shall consist of each of the county officers
elected pursuant to s. 1 (d), Art. VIII of the State Constitution, or a designee, and one member of the
board of county commissioners or its designee. The primary purpose of the audit committee is to assist
the governing body in selecting an auditor to conduct the annual financial audit required in s. l.1.8....3.2;
however, the audit committee may serve other audit oversight purposes as determined by the entity's
governing body. The public shall not be excluded from the proceedings under this section.
(3) The audit committee shall:
(a) Establish factors to use for the evaluation of audit services to be provided by a certified public
accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with
government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall
include, but are not limited to, ability of personnel, experience, ability to furnish the required services,
and such other factors as may be determined by the committee to be applicable to its particular
requirements:
(b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a
brief description of the audit and indicate how interested firms can apply for consideration.
(c) Provide interested firms with a request for proposal. The request for proposal shall include
information on how proposals are to be evaluated and such other information the committee determines
is necessary for the firm to prepare a proposal.
(d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established
pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals.
Ittp://www.1ei!.state.fl.us/statlltes/inti~x(..fin? Ann mf"\r1p=ni~nl~~l C;;:t~hltpA'rC;;:p.,.."h C'~~~
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(e) Rank and recommend in order of preference no fewer than three firms deemed to be the most
highly qualified to perform the required services after considering the factors established pursuant to
paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall
recommend such firms as it deems to be the most highly qualified.
(4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the
firms recommended by the audit committee, and negotiate a contract, using one of the following
methods:
(a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to
evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm
ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm,
negotiations with that firm shall be formally terminated, and the governing body shall then undertake
negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall
then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the
other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with
firms, may reopen formal negotiations with anyone of the three top-ranked firms, but it may not
negotiate with more than one firm at a time.
(b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the
valuation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked
qualified firm or must document in its public records the reason for not selecting the highest-ranked
qualified firm.
(c) The governing body may select a firm recommended by the audit committee and negotiate a
contract with one of the recommended firms using an appropriate alternative negotiation method for
which compensation is not the sole or predominant factor used to select the firm.
(d) In negotiations with firms under this section, the governing body may allow a designee to conduct
negotiations on its behalf.
(5) The method used by the governing body to select a firm recommended by the audit committee and
negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to
satisfy the requirements of s. l1.8...J2 and the needs of the governing body.
(6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended
firms, the committee shall recommend additional firms, and negotiations shall continue in accordance
with this section until an agreement is reached.
(7) Every procurement of audit services shall be evidenced by a written contract embodying all
orovisions and conditions of the procurement of such services. For purposes of this section, an
Jagement letter signed and executed by both parties shall constitute a written contract. The written
contract shall, at a minimum, include the following:
http://www.leg.state.fl.us/statutes/index.cfin? Ann mode=Dlf;nJ~v ~t:ltlltp.Rr~p~r('h ~tM" n=
") n. /")()()h
(a) A provision specifying the services to be provided and fees or other compensation for such services.
(b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail
to demonstrate compliance with the terms of the contract.
(c) A provision specifying the contract period, including renewals, and conditions under which the
contract may be terminated or renewed.
(8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be
done without the use of the auditor selection procedures provided in this section. Renewal of a contract
shall be in writing.
History.--s. 65, ch. 2001-266; s. 1, ch. 2005-32.
Copyright ~ 1995-2005 The Florida Legislature. Privacy Statement. Contact Us
http://www.1eg.state.fl.us/statutes/index.cfin? App mode=Displav Statute&Searcn Strlno=
') /">../') (\(\(.,
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BL VO
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach,org
PUBLIC NOTICE
The Audit Committee will meet Wednesday,
May 31, 2006 at 3:00 p.m,. to review and rank
audit proposals.
Location:
City Hall - Boynton Beach,
Conference Room B, 2nd Floor
5/30/2006 9:45 AM
S:\CC\WP\Meeting Notices\year 2006\Audit Committee Meeting.doc
America's Gateway to the Gulfstream
CITY OF BOYNTON BEACH
RFP FOR AUDITING SERVICES
Audit Committee Review Meeting
May 31, 2006
3:00 PM
Caler Donten Levine Grau & Assoc. Nowlen Holt & Miner Rachlin Cohen & Holt
Mary Munro 115 101 117 107
Bobby Jenkins 115 105 122 108
Bill Mummert 117 109 120 113
TOTAL 347 315 359 328
Consensus Ranking
#1 Nowlen Holt & Miner
#2 Caler Donten Levine
#3 Rachlin Cohen & Holt
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1
2
3 RESOLUTION NO. R06-
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD OF A
7 FIVE (5) YEAR CONTRACT FOR FINANCIAL
8 AUDITING SERVICES TO NOWLEN, HOLT &
9 MINER, P.A. FOR THE FISCAL YEARS ENDING
10 SEPTEMBER 30, 2006, 2007, 2008, 2009 AND 2010;
11 AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, on May 10, 2006, Procurement Services opened and tabulated four
14 (4) proposals to the RFP #034-1 41 0-06/CJD for "Financial Auditing Services"; and
15 WHEREAS, after review and evaluation it has been determined appropriate by
16 staff to recommend award of this RFP to Nowlen, Holt & Miner, P.A., of West Palm
17 Beach, Florida whose RFP was the most responsive responsible proposer that met all the
18 criteria; and
19 WHEREAS, upon recommendation of staff, the City Commission of the City of
20 Boynton Beach does hereby approve the award of RFP #034-l4l0-06/CJD to Nowlen,
21 Holt & Miner, P.A. of West Palm Beach, Florida.
22 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION
23 OF 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 of the City of Boynton Beach, Florida,
28 hereby approves the award of a five (5) year contract for Financial Auditing Services to
29 Nowlen, Holt & Miner, P.A., for the fiscal years ending September 30,2006,2007,2008,
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Financial Services062006.doc
1 2009 and 2010.
Section 3.
That the City Manager is hereby directed to execute a Contract
2
3 between the City of Boynton Beach and Nowlen, Holt & Miner, P.A., a copy of which is
4 attached hereto.
5
Section 4.
That this Resolution shall become effective immediately.
6
7 PASSED AND ADOPTED this
day of June, 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 (Corporate Seal)
31
32
33
34
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:ICAIRESO\AgreementsIBid Awards\Award of RFP - Financial Services062006.doc
ORIGINAL
Five Year Contract for Financial Auditing Services
RFP# 034-141 0-06/CJ D
City of Boynton Beach
May 10, 2006
Nowlen, Holt & Miner, P.A.
Edward T. Holt, Principal
215 Fifth Street, Suite 200
Post Office Box 347
West Palm Beach, FL 33402
Telephone: (561) 659-3060
Tax 10 Number 59-2749772
GROUP
~
GROUP
TABLE OF CONTENTS
Page
LETTER OF TRANSMITTAL
1
FIRM QUALIFICA nONS AND EXPERIENCE
Background
Independence
License to Practice in Florida
Firm Size/Employee Classification
Office Location
Professional Staff
Federal/State Desk Reviews
Peer Reviews
Litigation & Disciplinary Actions
Public Entity Crime
Staff Continuity and Longevity
Professional Staff Experience and Continuity
Computer Capability
CP America International, Inc.
Additional Services
3
3
3
3
4
4
4
4
4
4
4
5
6
6
6
PARTNER, SUPERVISORY, AND STAFF QUALIFICATIONS AND EXPERIENCE
Management Audit Team Members 7
Audit Team 8
Estimated Staff Involvement as a Percentage of Time 8
Prior Engagements with the City of Boynton Beach 9
Similar Engagements with Other Governmental Entities 9
Governmental Clients Served by Our Audit Team 10
Non-Profit Organizations Served by Our Audit Team 11
OUR APPROACH TO THE ENGAGEMENT
Specific Audit Approach
Proposed Segmentation of the Engagement
Approach to Providing Auditing Services
Sample Size and Statistical Sampling
Computer Auditing
Analytical Procedures
Internal Control Procedures
Test of Compliance with Laws and Regulations
Anticipated Potential Audit Problems
Audit Samples for Compliance Testing
12
13
14
14
15
16
17
18
19
19
.Clty:,Qt..aQXtltQ~.a~ch
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GROUP
Page
OUR APPROACH TO THE ENGAGEMENT (Continued)
Reports
Communications
Management Letter Philosophy
Timeliness
Technical Support
20
21
21
21
21
APPENDICES
A - Required Supplemental Information
B - Resumes
C - Price Proposal
D - CPA Licenses/Business Permits
E - External Review
F - Professional Resources/U.S. Cities
22
30
38
39
47
48
Ci~~Qf:.cltqwtpl'ta~ch
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&IM
NOWLEN, HOLT & MINER, ~A.
CERTIFIED PUBLIC ACCOUNTANTS
EVERETT B. NOWlEN (1930-19&4), CPA
EDWARD T HOLT, CPA
WILLIAM B. MINER, CPA
ROBERT. W. HENDRIX, JR, CPA
JANET R BARICEVICH. CPA
MARK B. ELHILOW, PFS, CPA
WEST PALM BEACH OFFICE
215 FIFTH STREET. SUITE 200
POST OFFICE BOX 347
WEST PALM BEACH. FLORIDA 334D2-0347
TELEPHONE (561) 659-3060
FAX (561) 835-0628
May 10,2006
KATHLEEN A, MINER, CPA
R GREGORY SMITH. CPA
ROBERT W. HELMREICH, CPA
TERRY L. MORTON. JR. CPA
N RONALD BENNETT, CPA
J. MICHAEL STEVENS. CPA
DANIEL A. KIRCHMAN, CPA
MARILYN B. RASH. CPA
ALEXIA G. VARGA. CPA
JAMES W. JOHNSON, CPA
BRIAN J, BRESCIA, PFS, CPA
DONALD D. RINlEL, CPA
City of Boynton Beach
C/O Carol Doppler, Senior Purchaser
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Ladies and Gentlemen:
BELLE GLADE OFFICE
333 S, E. 2nd STREET
POST OFFICE BOX 338
BELLE GLADE. FLORIDA 33430-0338
TELEPHONE (561) 996-5612
FAX (561) 996-6248
Thank you for giving us the opportunity to present our proposal to serve as external auditors for the City of
Boynton Beach, the City, for the fiscal years ending September 30, 2006, 2007, 2008, 2009, and 2010. We
understand the work to be completed and we will meet or exceed all of the City's terms and requirements. We
will perform the work within the time and budget restraints specified by the City.
We will audit the financial statements of the City for the years mentioned above and express an opinion on the
fair presentation of the statements in conformity with U.S. generally accepted accounting principles. Our audit
will be conducted in accordance with U.S. generally accepted auditing standards of the AICPA; the standards
for financial and compliance audits contained in Government Auditing Standards; Circular A-133, Audits of
States, Local Governments, and Non-profit organizations; Florida Statutes; and other rules as applicable. At
the conclusion of the audit, we will issue a management letter, which would include any significant audit
findings.
To provide the City with optimal audit service, we have assembled a talented audit team whose experience,
knowledge, and communication skills will be ideal to meet the requirements of the City. Composed by principal
and senior management professionals who have extensive practice in governmental audits; our firm is best
qualified to perform the engagement and provides the City with the following additional advantages:
· Industry Focus - Our senior management team has practiced in the governmental audit field for an
average of 20 years. Because of our lasting and extensive involvement in the governmental audit field, our
audit team members have mastered the elements of the governmental audit process. We are meticulously
prepared to understand and resolve intricate issues typical to governmental audits.
· Certificates of Achievement - We regularly assist our governmental clients in preparing CAFRs. More
specifically, beginning with the fiscal year ending on September 30, 1992, we assisted the City of Belle
Glade with the preparation of its initial CAFR. We have continued to do so for each subsequent fiscal year,
and, as a result, the City has been awarded a Certificate of Achievement for Excellence in Financial
Reporting for all fiscal years for which a CAFR was submitted. Additionally, we have assisted a number of
our past and current clients, such as the City of Palm Beach Gardens, the City of Greenacres, the Village of
Tequesta, the Florida Governmental Utility Authority, and the Children's Services Council of Broward County with
their CAFR preparation. These clients, too, were awarded Certificates of Achievement for Excellence in
Financial Reporting.
· Experience - Nowlen, Holt & Miner, P.A. has served a remarkable number of South Florida governmental
entities for over 40 years, as depicted by the chart on page 10 of this proposal. Edward T. Holt, the
principal on the engagement, has over 34 years of experience in the auditing field and has managed the
audits of over 100 different entities. All senior management team members also have over 17 years of
experience in the audit field and have continuously dedicated their time to governmental clients.
Furthermore, we are prepared and aptly equipped to assist the City with the implementation of revised
audit standards, when applicable, and fulfill all the City's audit needs.
1
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS. FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS. CPAMERICA INTERNATIONAL
. Professional Qualifications - 17 of 20 (85%) of our professional audit team members are Certified Public
Accountants (see related table on page 3 of this proposal). Consequently, audit procedures, which in most
other firms are performed by non-CPA staff, will be performed by highly-trained and experienced CPAs.
We encourage you to compare our CPA staff ratio to the CPA staff ratios of other proposing firms.
. Staff Continuity - We are proud to have high staff retention and minimal turnover. Our audit team is
composed of individuals who know governmental audit procedures and have worked with one another for
numerous years. Such continuity, stability, and team work vest our employees with valuable client and
industry-specific knowledge, which, in turn, maximize audit efficiency (for individual experience and
employment time-lines, please refer to the chart on page 5 of this proposal).
. Local Office and Decision Makers - Our location in downtown West Palm Beach will allow us to address
and resolve any audit issues efficiently, effectively, and in a timely manner. Because our office has been
located in Palm Beach County for over 40 years, and all senior management audit team members have
lived and worked in the area for over 17 years, our team members are well-aware of and in tune with the
essential needs of South Florida governments. Consequently, our auditors will be able to anticipate,
address, and resolve all audit issues promptly and expeditiously.
. Communication - We maintain effective communication with clients and respond promptly to requests for
assistance with or information on accounting and other reporting matters. We emphasize open and clear
communication lines with key officials and are always prepared to answer questions or discuss audit
issues. Many of our audit team members. have also prepared and presented several accounting seminars
discussing a variety of significant audit issues, such as internal control and fraud. These seminars have
prepared our professionals to explain complex audit issues to clients in clear, easy-to-understand terms.
. Additional Resources - We are members of CPAmerica International, Inc. an international association of
independent accounting firms. For this reason, we can draw from the vast consulting resources of
CPAmerica International member firms with 400 offices in more that 370 cities around the globe (see
Appendix F).
Our proposal outlines our qualifications and expertise further. Thank you for giving us the opportunity to
present our credentials. We are confident our qualifications make us the ideal firm to fulfill your audit needs
and would like to emphasize our desire to serve as the City's auditors. We will perform the work within the
designated time period and issue final reports by set dates, following the close of the fiscal year. Again, thank
you for your consideration, and we look forward to serving as your auditors.
FIRM CONTACT AND INFORMATION
Edward T. Holt, President, 215 Fifth Street, Suite 200, West Palm Beach, Florida 33401, (561) 659-3060.
Mr. Holt is authorized to bind the offeror. This proposal is a firm and irrevocable offer for ninety (90) days. If
you have any questions about this proposal, please contact Ed Holt at (561) 659-3060.
Sincerely,
~/'~
Nowlen, Holt & Miner, P.A.
2
I
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GROUP
FIRM QUALIFICATIONS AND EXPERIENCE
BackQround
Nowlen, Holt & Miner, P.A. is a local firm of certified public accountants. Established in 1961, we have
offices in West Palm Beach and Belle Glade, Florida. Our firm and all key professional staff are properly
licensed to practice in Florida and are members in good standing with the AICPA. We provide audit,
accounting, tax, and management services to our clients.
Independence
As defined by generally accepted auditing standards and the U.S. General Accounting Office's Government
Auditinq Standards, Nowlen, Holt & Miner, P.A. is independent of the City of Boynton Beach and all the
component units of the City of Boynton Beach. Our firm has no professional relationships involving the City
of Boynton Beach or any of its departments or components. Our proposal is made without collusion with
any other person or entity submitting a proposal pursuant to this RFP.
License to Practice in Florida
All professionals at a supervisory or higher position hold CPA certificates and are properly licensed to
practice in Florida; all audit team members hold accounting degrees from accredited universities.
Additionally, all professionals are required to and do comply with the continuing professional education
requirements of the AICPA, including those educational requirements established by quality control
standards.
Firm Size/Emplovee Classification
The number of our employees, by employee classification, is as follows (all employees are qualified to work
on governmental engagements):
Employee Classification Number CPAs
Principals 5 5
Managers 6 6
Supervisors 5 5
Senior 1 1
Staff 3 -
Professional Staff Sub - Total 20 17
Para-Professional 3 --
Adm inistrative 5 --
TOTALS 28 17
3
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~
GROUP
Office Location
All team members will be working out of our West Palm Beach office.
Professional Staff
Edward T. Holt, Terry L. Morton, N. Ronald Bennett, Daniel A. Kirchman, Donald Rinzel and Rudina Toro
will be the professional staff to be employed in the engagement (see page 8 for a more detailed paragraph
on the audit team).
Federal/State Desk Reviews
Nowlen, Holt & Miner, P.A. has not been involved in disciplinary actions with the State of Florida Board of
Accountancy or any other professional organizations. Also, our firm has not received any comments from a
Federal or State desk review nor undergone a field audit in the past three years.
Peer Reviews
As demonstrated in Appendix F, Nowlen, Holt & Miner's most recent external peer review resulted in an
unqualified opinion.
Litiqation & Disciplinary Actions
Nowlen, Holt & Miner, P.A. has never had any litigation or proceeding where a court or any administration
agency has ruled against the firm in any manner related to its professional activities. No current or pending
litigation or disciplinary actions against the firm exist.
Public Entity Crime
Neither Nowlen, Holt & Miner, PA, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the
entity, has been charged with or convicted of a public entity crime.
Staff Continuity and Lonqevity
Hiring and sustaining highly-qualified professionals is at the core of our firm's business philosophy. We
believe staff retention is a crucial factor in increasing audit efficiency and maintaining high levels of client
satisfaction. The following table outlines our staff's experience and length of employment with the firm.
4
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~
GROUP
PROFESSIONAL STAFF EXPERIENCE AND CONTINUITY
Years of Experienc~ in Public Years of Employment with
Professional Staff Accounting Nowlen, Holt & Miner, P.A.
Principals
Edward T. Holt, CPA 34 34
Janet R. Baricevich, CPA 34 34
William B. Miner, CPA 31 31
Robert W. Hendrix, CPA 27 27
Mark B. Elhilow, CPA 12 12
Sub-Total 138 138
Managers
Greg R. Smith, CPA 27 27
Kathleen A. Miner, CPA 23 23
Robert W. Helmreich, CPA 20 16
Ronald N. Bennett, CPA 17 17
Terry L. Morton, CPA 17 17
Michael J. Stevens, CPA 22 15
Sub-Total 126 115
Supervisors
Marilyn B. Rash, CPA 13 5
Daniel A. Kirchman, CPA 9 5
Alexia G. Varga, CPA 5 5
Donald D. Rinzel, CPA 8 1
Brian J. Brescia, CPA 4 1
Sub-Total 39 17
Seniors
James W. Johnson, CPA 5 5
Staff
Rudina Toro, MTax. 5 5
Edward T. Holt, Jr., MAce. 2 2
Kara Peterson 1 1
Sub-Total 8 8
Professional Staff Total 316 283
5
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~
GROUP
Computer Capabilitv
Our office uses computers extensively to perform audit steps that a computer can accomplish faster and
more efficiently than manual calculations. The following will be performed on computers:
. Development of trial balances and lead schedules - We will download your trial balance to our firm's
specialized audit software. As we make adjusting journal entries, they will be electronically posted, and
an updated trial balance will be available immediately.
. Analytical review - After being downloaded and updated, the trial balance will be available for
analytical review. The information can also be imported into Excel spreadsheets for additional
calculations and analysis.
. Databases - Microsoft Access will be used if data relationships or information complexity makes
spreadsheets inefficient or impractical. Specific staff members use Microsoft Access and understand
its design, analysis, and database-development functions. In depth knowledge of databases is an
invaluable resource when auditing in a computer environment.
CPAmerica International. Inc.
Nowlen, Holt & Miner, P.A. is a member of CPAmerica International, Inc., an international association of
firms with a wide expertise. Seven of these firms are located in Florida. The association with CPA America
allows us to retain the benefits of a local firm, yet have the resources of an international firm available to us.
While on most engagements we do not require the services of consultants from the Association, the
expertise is available if necessary (see Appendix D).
Additional Services
If during the course of the audit, the City requires additional services such as taxation services, computer
consulting, accounting services, or management advisory services, we will be able to assist you. Nowlen,
Holt & Miner, P.A. has provided consulting services to governmental entities, non-profit organizations, and
small businesses for over 40 years. These services include, but are not limited to, the following:
. Taxation
. Organizational structure improvement
. Staffing
. Costs and expenses control
. Budgets, business plans, and management incentive programs development
. Cash management
. Inventory control and management
. Internal controls
. Accounting systems and Computer System Evaluations
. Utility and Franchise tax audits
6
f\ih,," Dftunfftn AAaI'h
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~
GROUP
Management Audit Team Members
Edward T. Holt
Audit Engagement Principal
· Make primary decisions
· Maintain client contact
· Review key technical issues
· Select and assign appropriate staff
~ r
Terry L. Morton, Jr.
Audit Manager
· Develop audit approach
· Coordinate audit planning and development
· Research technical issues
· Coordinate communication with client
~ r
N. Ronald Bennett
Manager
· Supervise staff
· Oversee daily audit progress
· Review audit report and financial statements
~
Supervisors and Staff Accountants
7
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~
GROUP
PARTNER, SUPERVISORY, AND STAFF QUALIFICATIONS AND EXPERIENCE
Audit Team
Our auditing team will be headed by Edward T. Holt, Managing Principal and Robert W. Hendrix, Principal.
Terry L. Morton, Jr., and N. Ronald Bennett will be managers on the engagement. Terry serves on the
GFOA Special Review Committee, which grades CAFR's submitted for the Certificate of Achievement
Daniel A. Kirchman and Donald Rinzel will be the supervisors for the engagement, while Rudina Toro will
be the staff accountant. Collectively, the team members assigned to the audit have completed over 400
annual audits.
Moreover, all CPAs assigned to the engagement have properly maintained CPE in governmental
accounting as required by the Board of Accountancy. Resumes detailing the government auditing
experience and relevant continuing educations of team members at a supervisory level and higher are
included in Appendix B.
Staff retention is an important part of Nowlen, Holt & Miner, P.A.'s strategy for increasing audit efficiency
and ensuring quality of staff over the term of the agreement. Because of our firm's low employee turnover,
the City will see most of the same audit team members year after year. Consistency of audit team
members results in a more efficient audit by enhancing both client-specific and industry-specific experience
(please refer to the chart on page 5 for detailed staff experience and employment time-lines).
Estimated Staff Involvement as a Percentaqe of Time
Total
Percentage
-- -~
10
5
15
20
20
20
10
100
Staff Member
Edward T. Holt, CPA
Robert W. Hendrix, CPA
Terry L. Morton, Jr., CPA
N. Ronald Bennett, CPA
Daniel A. Kirchman, CPA
Donald D. Rinzel, CPA
Rudina Toro
8
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~
GROUP
Prior EnQaQements with the City of Bovnton Beach
Nowlen, Holt & Miner, PA has worked on no engagements with the City of Boynton Beach within the last
five years.
Similar EnQaQements with Other Governmental Entities
Nowlen, Holt & Miner, P.A., has audited, reviewed, and compiled the financial statements of a number of
local governments. As mentioned in the transmittal letter, we have assisted a number of our past and
current governmental clients, such as the Village of Tequesta, the City of Greenacres, the City of Palm
Beach Gardens, and Children's Services Council of Broward County with their CAFR preparation.
Additionally, we helped Children's Services Council and the City of Belle Glade implement GASB statement
34.
As mentioned in the transmittal letter, beginning with the fiscal year ending on September 30, 1992, we
assisted the City of Belle Glade with the preparation of its initial CAFR. We have continued to do so for
each subsequent fiscal year, and, as a result, the City has been awarded a Certificate of Achievement for
Excellence in Financial Reporting for all fiscal years for which a CAFR was submitted.
Our experience with local governments, non-profit organizations, and for-profit entities uniquely qualifies us
to provide the City with efficient and thorough auditing services. Below are individuals you may contact
regarding the audit services we have provided to their respective organizations. We are proud of our
history and our abilities to understand and work within the complex guidelines of Generally Accepted
Auditing Standards, Generally Accepted Accounting Principles, and Governmental Accounting Standards.
Client Contact Length of Service Engagement Manager
Partner
City of Greenacres Jeff Price 11 Years over the
Finance Director last 16 years Edward T. Holt Terry Morton
561-642-2013
City of Belle Glade Jim Shallman
Assistant Finance > 20 Years Robert W. Hendrix Terry Morton
Director
561-996-0100
Children's Services Monti Larsen
Council of Broward CFO 5 Years Edward T. Holt Terry Morton
954-377-1000
9
,~Q{~lJltl;h
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GROUP
. Governmental Clients Served by Our Audit Team
. Palm Beach County* . Town of Gulf Stream * . Children's Services Council of
PBC*
. Hendry County . Town of Highland Beach * . Village of T equesta
. City of Belle Glade * . Town of Hypoluxo . Belle Glade Housing Authority *
. City of Greenacres * . Town of Juno Beach . Village of Royal Palm Beach
. City of Lake Worth . Town of Lake Clarke Shores * . Housing Authority of WPB
. City of Pahokee * . Town of Lantana . Jupiter Inlet District*
. City of Palm Beach Gardens . Town of Manalapan* . NPB Heights Water Control
District *
. City of Pembroke Pines . Town of Mangonia Park . PBC Solid Waste Authority
. City of Riviera Beach * . Town of Palm Beach Shores * . School Board of PBC
. City of South Bay . Town of South Palm Beach . South Lake Worth Inlet District
. City of West Palm Beach - . Village of Palm Springs . West Palm Beach Golf
Utility Tax Audit Commission *
. Florida Governmental Utility . Children's Services Council of . Loxahatchee River
Authority * Broward County* Environmental Control District*
. Okeechobee Utility Authority * . City of Riviera Beach . Town of Jupiter Inlet Colony*
Community Redevelopment
Agency *
. Seacoast Utility A uthority * . Town of Sewall's Point*
* Represents current clients
10
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GROUP
. Non-Profit Organizations Served by Our Audit Team
. Adopt-A-Family of the Palm . Area Agency on Aging* . Better Business Bureau of Palm
Beaches, Inc. * Beach County
. Catholic Charities of the Diocese . Center for Children in Crisis . Comprehensive Aids Program of
of Palm Beach * Palm Beach County
. District IV Health Council . Doveland* . Early Learning Coalition of
Broward*
. Florida Community Health . Glades Area - ARC . Glades Community Development
Centers, Inc. * Corporation *
. Glades Diamond, Inc. * . Glades Pioneers, Inc. * . Haitian Center for Family Services,
Inc. *
. HEA.R. T., Inc. . Healthy Start Coalition of Palm . Healthy Start Prenatal and Infant
Beach County* Care Coalition *
. Help Becomes Hope, Inc. * . Hendry Glades Mental Health . Hospice Foundation of Palm
Clinic, Inc. * Beach County
. Hospice of Palm Beach County . The Lord's Place * . NOAH*
. NOAH Development . PBC Chapter, American Red . Preservation Foundation of Palm
Corporation * Cross Beach
. Palm Beach County Resource . Palm Beach Dramaworks, Inc. * . Sf. Andrew's Residence of the
Center* Palm Beaches
. St. James' Residence of the . Sf. Philip Benizi Catholic . Early Learning Coalition of PBC*
Palm Beaches Church
. Seagull Industries for the . South America Mission . Urban League of Palm Beach .
Disabled County *
. Institute for Ethnomedicine, Inc.* . Western Palm Beach County . World Servants
Mental Health Clinic*
* Represents current clients
11
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GROUP
Specific Audit Approach
I I Planning I I
I I i r\ I I
I II
~
Understand Assess audit risk Develop audit Prepare audit
operations and determine
environment materiality levels strategy programs
\j
Evaluate internal
controls and need for
test of controls
I
I ri~
i ,I
Perfoem test of I ~
transactions {.
Ij
Audt
ProceclJres
I
I
Continuous
ProcedIres
c
Re~ewofW)I"k pipers by
pn1ner and mmager
Test c~iance
V\ith law; and
regulatious
I
I
Fulfill
Program-specific
testing requirements
Discuss audit and internal
control findings with
management
~)
Reporting I
I
Finalize audit
procedures
Assist management
with financial
statemen t completion
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Communicate
final results to
management
12
Present Audit
Report to the
Board
~
GROUP
Proposed Seqmentation of the Enqaqement
The keys to the successful and timely completion of the audit for the City are:
· An organized and efficient audit approach based on our many years of experience
· Appropriate personnel quantity and quality
· Cooperation and support by the City's staff
Our proposed audit team consists of experienced members of Nowlen, Holt & Miner. This team will
coordinate the work in an efficient and effective manner.
The following table presents our proposed segmentation of the engagement.
Principal Manager Supervisor Staff Other
General Planning X X
Consideration of Internal Control X X X X
Structure
Development of Audit Programs X X
Substantive Tests X X X
Tests of Compliance X X X
Analytical Procedures X X
Report Preparation X X X
Review X X
Clerical X
13
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Approach to Providinq Audit Services
Along with information gathered from the City, we will use our broad experience with governmental and
non-profit entities to plan an efficient and effective audit strategy. Our audit will be conducted in
accordance with Government Auditing Standards. We will also consider state statutes and local
ordinances applicable to the City.
Our preliminary audit strategy will be the strategy we have employed successfully for many years. We
will assess control risk at the maximum and obtain an understanding sufficient to plan a primarily
substantive approach. We have selected this strategy because it is more efficient than assessing control
risk below the maximum and performing tests of controls to evaluate the controls' effectiveness. For the
programs selected for testing in the single audit, we would design our test of controls to support a low
level of audit risk.
In the general planning phase of the audit, we will inquire, observe, and inspect relevant documents to
understand the City's environments and operating characteristics. We will also use analytical procedures
to improve our understanding of the City's operations and identify audit areas, which need increased
attention. These procedures will assist us in planning the nature, timing, and extent of other auditing
procedures.
Sample Size and Statistical Samplinq
Audit sampling is the application of an audit procedure to less than 100% of the items within an account
balance or class of transactions for the purpose of evaluating some characteristic of the balance or class.
The items constituting the account balance or class of transactions of interest are the population. The
portion of the account balance or class of transactions to be examined is the sample.
It is important to note that a test that involves application of procedures to less than 100% of the items in
the population but that does not involve projecting the results to the entire account balance or class of
transactions is not audit sampling. All audit sampling involves judgment in planning and performing the
sampling procedure and evaluating the results of the sample. The audit procedures performed in
examining the selected items in a sample generally do not depend on the sampling approach used.
14
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When a decision is made to use audit sampling, the auditor must choose between statistical and non-
statistical sampling. The choice is primarily a cost-benefit consideration. If sampling is used, some
sampling risk is always present. Statistical sampling uses the laws of probability to measure sampling
risk. Any sampling procedure that does not measure the sampling risk is a non-statistical sampling
procedure. A properly designed non-statistical sampling application can provide results that are as
effective as those from a properly designed statistical sampling application. Statistical sampling generally
involves additional costs to design individual samples that meet statistical requirements and to select the
items to be examined.
The basic requirements that relate to all audit samples, statistical and non-statistical, are as follows:
· Planning - Relate the population to the objective of the audit test.
· Selection - Select items that can be representative of the population.
· Evaluation - Project sample results to the population and consider sampling risk.
Because of the costs associated with audit sampling, it is important to consider the effectiveness of
alternative approaches before concluding that sampling is necessary. Audit sampling may not always be
appropriate. It may be more efficient to test an account balance or class of transactions by applying
analytical review procedures. In some cases legal requirements might necessitate 100% examination. In
other situations some items might be examined 100% because acceptance of sampling risk is not justified
or 100% examination is more cost effective in the circumstances. Our professional judgment will be used
to determine whether sampling is appropriate.
We will utilize audit sampling whenever we determine that the application of an audit procedure to less
than 100% of the items within an account balance or class of transactions for the purposes of evaluating
some characteristic of the balance or class is necessary. The choice between statistical and non-
statistical sampling will be based upon a cost benefit analysis and all sample sizes will be computed in
accordance with professional standards.
Computer Auditinq
To gain an understanding of the City's computer environments, we will discuss the overall system and its
related controls with knowledgeable personnel. The design, use, and effectiveness of these controls will
determine the extent of our data testing. If necessary, data testing will assess data completeness, data
authenticity, and the accuracy of computer processing. Data tests could include procedures comparing
computer output to physical counts, records, and files, and manual recalculations of computer processes.
15
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CROLlP
Analytical Procedures
Analytical procedures are an important part of the audit process and consist of evaluations of financial
information made by a study of plausible relationships among both financial and non financial data.
Analytical procedures range from simple comparisons to the use of complex models involving many
relationships and elements of data. A basic premise underlying the application of analytical procedures is
that plausible relationships among data may reasonably be expected to exist and continue in the absence
of known conditions to the contrary. Particular conditions that can cause variations in these relationships
include, for example, specific unusual transactions or events, accounting changes, business changes,
random fluctuations, or misstatements.
Understanding financial relationships is essential in planning and evaluating the results of analytical
procedures, and generally requires knowledge of the client and the industry or industries in which the
client operates. An understanding of the purposes of analytical procedures and the limitations of those
procedures is also important. Accordingly, the identification of the relationships and types of data used,
as well as conclusions reached when recorded amounts are compared to expectations, requires
judgment by the auditor.
We will use analytical procedures for the following purposes:
. To assist in planning the nature, timing and extent of other auditing procedures.
. As a substantive test to obtain evidential matter about particular assertions related to account
balances or classes of transactions.
. As an overall review of the financial information in the final review stage of the audit.
Our reliance on substantive tests to achieve an audit objective related to a particular assertion may be
derived from tests of details, from analytical procedures, or from a combination of both. The decision
about which procedure or procedures to use to achieve a particular audit objective will be based upon our
judgment on the expected effectiveness and efficiency of the available procedures. The expected
effectiveness and efficiency of an analytical procedure in identifying potential misstatements depends on
the nature of the assertion, the plausibility and predictability of the relationship, the availability and
reliability of the data used to develop the expectation and the precision of the expectation.
16
~
~
GROUP
Analytical procedures used as substantive tests might include, but are not limited to the following:
· Comparison of prior year and current year amounts.
· Comparison of current year and budgeted amounts.
· Ratio analysis.
· Trend analysis.
· Predictive tests based upon relationships between financial and nonfinancial information.
The objective of analytical procedures used in the overall review stage of the audit is to assist us in
assessing the conclusions reached and in the evaluation of the overall financial statement presentation.
A wide variety of analytical procedures may be useful for this purpose. The overall review would
generally include reading the financial statements and notes and considering the adequacy of evidence
gathered in response to unusual or unexpected balances identified in planning the audit or in the course
of the audit, and unusual or unexpected balances or relationships that were not previously identified.
Internal Control Procedures
The City Commission, management, and other personnel establish the internal control structure of the
City, which is an important source of information about the types and risks of potential material
misstatements that could occur in financial statements. We will use this information to design appropriate
substantive tests that will provide reasonable assurance of detecting material misstatements.
As mentioned before, we usually perform these procedures only to gain a general understanding of the
overall internal control structure and the way the City operates. Under most circumstances, we believe
formal documentation of control activities, including tests of controls, is not the most efficient method of
achieving audit objectives. Instead, we use the internal control information we gather as a supplement to
our industry and audit knowledge to ensure the development of the most effective and efficient audit
possible for the City.
In evaluating the control environment of the City, we will consider items such as:
· Frequency of City Commission meetings
· Qualifications and involvement of Commissioners
· Other external factors.
17
~
GROUP
Control activities are policies and procedures that help ensure that management's directives are carried
out and the City's objectives are met. The types of items we will consider in understanding your control
activities are:
. Policies for comparing actual results to budgeted amounts
. Billing and collection procedures
. Purchasing procedures, such as the use of competitive bidding
. Payment procedures
Tests of Compliance with Laws and ReQulations
Audits conducted in accordance with generally accepted auditing standards provide the basis for
expressing an opinion on the fairness of financial statements in accordance with generally accepted
accounting principles. However, due to the special nature of governments, the traditional audit scope has
been broadened to encompass determinations of whether the governmental unit has complied with
governing laws, regulations, rules, grantor guidelines, and other finance related legal requirements.
Generally, compliance criteria can be found in Florida law, rules, grant agreements, local ordinances,
resolutions, policies. contracts and similar documents. Specific compliance criteria will be identified early
in the audit process in order to facilitate the design and performance of appropriate audit procedures for
testing compliance.
The following are examples of the types of laws and regulations that may have a direct and material effect
on the financial statements:
. Procurement
. Taxing authority
. Legal authority for transactions
. Tax reporting
. Establishment of funds
. Debt limitations
. Budgets and budgetary reporting
. Restrictions on expenditures
18
~
~
GROUP
Nowlen, Holt & Miner, P.A. has performed governmental audits for over 40 years. Thus, we have
developed numerous compliance checklists to enhance the efficiency and effectiveness of com'pliance
testing. These checklists are designed and continuously updated to test compliance with current Florida
Statutes, Rules of the Auditor General, and other legal and regulatory requirements. These checklists will
increase the efficiency of our audit of the City.
For compliance testing, we will simultaneously conduct tests of items that can be quantified in terms of
dollars and substantive tests of transaction classes and account balances. Under this approach, items
selected for substantive testing will also be tested for compliance.
Because of the type of evidence available, certain compliance requirements do not lend themselves to
testing in conjunction with substantive tests. These requirements will be tested by inquiry, observation,
and inspection.
The audit process is guided by generally accepted auditing standards and not by specific cookbook-type
procedural instructions. Therefore, the auditor's professional judgment is an extremely important element
in defining the audit scope properly, especially with respect to compliance testing.
Anticipated Potential Audit Problems
We do not anticipate encountering any significant audit problems. However, should we encounter any
potential audit problems during the engagement we will follow applicable professional standards in
resolving these matters. We will work with the City and any specialists as required to resolve any
potential audit problems in a timely, efficient, and effective manner.
Audit Samples for Compliance Testina
Many compliance requirements relate to activities or transactions that can be quantified in terms of
dollars. These requirements generally leave documentary evidence of compliance and can be tested by
examining supporting documentation. Our approach would be to conduct these tests simultaneously with
substantive tests of transaction classes and account balances. Under this approach, items selected for
substantive testing will also be tested for compliance.
Because of the type of evidence available, certain compliance requirements do not lend themselves to
testing in conjunction with substantive tests. These requirements will be tested by inquiry, observation
and inspection.
19
JL_~
~
GROUP
The objectives of tests of compliance with laws and regulations are to determine whether there have been
events of noncompliance that may have a material effect on the financial statements, or to provide a basis
of reporting on the government's compliance with such laws and regulations.
In order to satisfy both of the previously stated objectives, the audit scope must include appropriate audit
procedures to make determinations of whether financial operations and activities are conducted in
accordance with applicable legal requirements and provide a basis for reporting on compliance matters.
The process of conducting an audit is guided by generally accepted auditing standards and not by
specific cookbook type procedural instructions. Therefore, the auditor's professional judgment is an
extremely important element in properly defining the audit scope, especially with respect to compliance
testing.
Reports
Following the completion of the audit, we will issue the following reports:
A. A report on the fair presentation of the general purpose financial statements as a whole,
in conformity with generally accepted accounting principles.
B. A report on compliance and on internal control.
C. A report on compliance of each major program with OMB Circular A-133 and the Florida
Single Audit Act.
D. A management letter.
E. An immediate, written report of all irregularities and illegal acts discovered.
In the required report(s) on internal controls, we will communicate any reportable conditions found during
the audit. A reportable condition is defined as a significant deficiency in the design or operation of the
internal control structure, which could adversely affect the organization's ability to record, process,
summarize, and report financial data in consistency with the assertions of management in the financial
statements. Reportable conditions that are also material weaknesses will be identified as such in the
report. The report on compliance will include all material instances of noncompliance. All nonmaterial
instances of noncompliance will be included in the management letter.
Use of the audited financial statements, opinions, or any of the above-named reports will not result in
additional fees unless their use requires additional certification or services on the part of our firm.
20
~
GROUP
Communications
The firms' working relationship with the City will stress communications and prompt discussion of all
important matters as they arise, and the designated "key" team members will attend significant meetings
as requested. The partner and manager in charge will meet with the City's representatives on any
material matters that could affect the financial position or results of operations. We will report regularly to
the City on the status of any potential audit adjustments.
ManaQement Letter Philosophv
We are required to comply with certain professional standards and rules of the Auditor General regarding
reporting on internal control, compliance, illegal acts, and errors and irregularities. In addition, it is our
firm's philosophy to assist our clients in improving their accounting policies and procedures. We do not
recommend change for the sake of change. Our recommendations will focus on the effectiveness and
efficiency of the operations and financial reporting of the City. We will not suggest any change if the item
is not practical and cost effective.
Timeliness
Terry L. Morton, Jr., Audit Manager coordinates and monitors all audit engagements. Mr. Morton will use
his knowledge of similar entities to schedule staff to your engagement based on your requested timeline.
He will regularly review the engagement to determine progress and identify any potential problems.
Additional staff can be assigned to the engagements, if necessary. Testing will begin prior to year-end to
ensure that all procedures are completed and reports are issued on time. If the City becomes aware of
any potential problems or is concerned about the timeliness of audit procedures, it can schedule a
progress conference with Mr. Morton.
Technical Support
We do not anticipate proposing services which would necessitate City personnel to use hardware or
software requiring our technical support or training.
21
~
GROUP
~~
APPENDIX A
REQUIRED SUPPLEMENTAL INFORMATION
PROPOSER ACKNOWLEDGEMENT
Submit Proposals To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: APRIL 12,2006
RFP Title: FIVE YEAR CONTRACT FOR FINANCIAL AUDITING
SERVICES
RFP Number: #034-1410-06/CJD
RFP Received By: MA Y 10,2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date
and time is scheduled for: MAY 10. 2006. no later than 2:30 P.M. Oocal time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFP shall conform to applicable sections of the charter and
codes of the City.
NmneofVendor: Nowlen, Holt & Miner, P.A.
Federal J.D. Number:
59-2749772
A Corporation of the State of:
Florida
Area Code:
561
Telephone Number:
659-3060
Area Code:
561
FAX Number:
835-0628
Mailing Address:
P.O. Box 347
City/State/Zip:
West Palm Beach, FL 33402
Vendor Mailing Date: 5/10/06
Edward T. Holt
Nmne Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
22
~
GROUP
ADDENDUMS
Per Carol Doppler, no addendums were issued by the City of Boynton Beach as of May 9,2006.
Therefore, no addendums are attached to this proposal.
23
_.~
STATEMENT OF PROPOSER'S QUALIFICATIONS
Each Proposer proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the proposal.
* attach additional sheets giving the information
1.
Name of Proposer:
Nowlen. Holt & Miner, P.A.
2.
Business Address:
215 Fifth Street
Suite 200
West Palm Beach, FL 33401
3.
When Organized:
1961
4.
Where Incorporated:
Florida
5. How many years have you been engaged in business under the present firm name?
21 years
6.
General character of work performed by your company.
'T'hP f; Tm
provides certified public accounting services which includes
Auditing, accountinq, tax, managerrent consultinq and litiqation
support .
7. Enclose evidence of possession of required licenses and/or business permits.
8.
Number of employees.
27
9. Background and experience of principal members of your personnel, including officers. *
10.
Bonding capacity.
N/A
11. Have you ever defaulted on a contract? If so, where and why?*
Rev. 05130/02
THIS PAGE MUST BE SUBMITTED A:tONG WITH PROPOSAL
24
PROPOSER'S QUALIFICATIONS continued......
12. Experience in performance of work similar in importance to this project.
Project
$ Value (A)
Contact Name
Phone #
City of Greenacres
Jeff Price
561-642-2013
City of Belle Glade
Children's Services Council
of Broward County
Jim Shallman
561-996-0100
Monti Larsen
954-177-1000
8. Contracts on hand. *
9. Largest completed projects (include final cost).
1)
2)
3)
School Board of Palm Beach County
City of Belle Glade
15.
Florida Governmental Utility Authority
list all lawsuits (related to similar projects)or arbitrations to which you have been a party
and which: *
1) arose from performance: *
2). occurred within the last 4 years: *
3) provide case number and style: *
(A) Requirement waived by Carol wppler, Senior Purchaser, due to confidentiality
issues. We will attempt to make this information available if required.
Dated at: West Palm Beach, Florida
this ~ day of
May
2006
By: ~T~
(written signature)
Name:
(printed or typed)
Title: President
Edward T. Holt
TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
25
ANTI-KICKBACK AFFIDA VIT
STATE OF FLORIDA
)
:SS
)
COUNTY OF P AIM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my fIrm or by an officer of-the corporation.
By: ~i.~
NAME - SIGNATURE
Sworn and subscribed before me
this 10th day of May
,20
06
Printed Information:
Edward T. Holt
NAME
~2:LJ
NOTARY PUBUC, State of Florida
at Large
~~r:~~, Geraldine Sibel
[?(6';~ Con:'missio~ .. 00282676
~..,&~i Expires Apnl30. 2008
~ilf'~"1ldM -- FaIn.InIlnl'oCI. tnc. 1IJO.3I5.7Il19
'illl" n-J
President
TITLE
Nowlen, Holt & Miner, P.A.
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26
NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
State of
Florida
)
County of
Palm Beach
)
Edward T. Holt
, being first duly sworn, deposes and says that:
1). He is President of Nowlen, Holt & Miner, P.A., the proposer
(Title) (Name of Corporation or Finn)
that has submitted the attached proposal:
2.). He is fully informed respecting the preparation and contents of the attached proposal and
of all pertinent circumstances respecting such proposal;
3.) Said proposal is genuine and is not a collusive or sham proposal;
4.) Further, the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, finn or person to
submit a collusive or sham proposal in connection with the Contract for which the
attached proposal has been submitted or to refrain from proposing in connection with
such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communications or conference with any other proposer, firm or person to fix
the price or prices in the attached proposal or of any other proposer, or to fix any
overhead, profit or cost element of the proposal price or the proposal price of any other
proposer, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City of Boynton Beach or any person interested in
the proposed Contract; and
. 5.) The price or prices quoted in the attached proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the
proposer or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed) ~ T. ~
(Title)
President
Subscribed and sworn to before me
This /C>1 If day of -Mti-t.
My commission expires '1- ~o -Ol~
~lJ4
,20~
~~!L~~ Geraldine Sibel
#:(A'..t: Commission' 00282676
~.k~J!j Expires April 30, 2008
''f,W.~'e.MNT''''FIin.INlnnat.1nc. ~7019
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
27
.J ur....-t:.t:)-.:::::l.:Jt:Qb l~,: d'l
f..jQkll~r j HOl T 11 I HER
5[,1 835 06';,>=!
P.02
~;
CONFIRMA TION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is )'our company a Minority Owned Business?
Yes
x
.._~ ----------.-
No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER ----.....-...-.
(specif:)t)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES _~
NO_
If YES. Name the Organiz.ation from which this certification was obtained and date:
Issuing Organiz.ation fOJ Certification
Date of Cenification
THIS PAGE TO EE SUBMITTED ALONG WITH P.R()l~SAL
41
TOTRi-. P. 02
CONFIRMA TION OF DRUG-FREE WORKPLACE
IDENTICAL TIE PROPOSALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more proposals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a proposal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie proposals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5) hnpose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements. ~ 7'.~
Vendor's Signature
TillS PAGE TO BE SUBMITTED ALONG WITH1>ROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
29
~
GROUP
APPENDIX B
RESUMES
~
GROUP
APPENDIX B - RESUMES
EDWARD T. HOLT, CPA
Edward T. Holt is a principal with Nowlen, Holt &
Miner, P.A. with thirty-four years experience. He
received his B.B.A from Arkansas A&M. He has
managed the audits of over 100 different entities.
His diverse experience includes governmental,
non-profit, retail, construction, and coordinating
the firm's continuing professional education
program. He is licensed as a CPA in Florida and
affiliated with the following organizations:
Relevant Continuing Professional Education
· American Institute of Certified Public
Accountants
· Florida Institute of Certified Public
Accountants
· Florida Government Finance Officers'
Association (FGFOA)
· Government Finance Officers' Association
· Chamber of Commerce of the Palm Beaches
· CPAmerica International- Council Member
Some of Ed's more current seminars include the
following:
. 6/00 FGFOA annual conference
. 5/01 Government Accounting and
Auditing Update
. 5/01 Increasing Audit Efficiency in
Government and Non-profit Audits
. 7/01 Governmental Accounting and
Financial Reporting
. 7/01 Update: Governmental Accounting,
Reporting & Auditing
Non-Profit Experience
. 1/02
. 6/02
. 1/04
. 8/04
. 1 0/04
. 5/05
. 7/05
Governmental Audit Risk Procedures
Investment Analysis
Fraud and SAS 99
Update: Governmental Accounting
Reporting & Auditing
Consideration of Fraud in
Governmental Audits
FGFOA Annual Conference
Governmental Accounting and
Financial Reporting
As principal of our audit team, Ed has directed
the following audits of non-profit organizations:
· Adopt-A-Family of the Palm Beaches, Inc.
. Area Agency on Aging of Palm
BeachfTreasure Coast, Inc.
. Better Business Bureau of Palm Beach
County, Inc.
. Catholic Charities
. Center for Children in Crisis, Inc.
. Comprehensive Aids
. District IX Health Council, Inc.
· Florida Community Health Centers, Inc.
. Glades Area ARC
. Haitian Center for Family Services, Inc.
. Hanley Center Foundation, Inc.
. Hospice Foundation of Palm Beach County,
Inc.
. Hospice of Palm Beach County, Inc.
G,ityQf,eQ~otQ[)e~a.Ch
. H.I:..A.H. I ., Inc.
. Help Becomes Hope, Inc.
. Hendry-Glades Mental Health Clinic, Inc.
. Institute for Ethnomedicine, Inc.
. New Beginnings Development Center, Inc.
. Parent-Child Center, Inc.
. Palm Beach County Chapter, The American
Red Cross
. Palm Beach Dramaworks, Inc.
. Preservation Foundation of Palm Beach, Inc.
. Early Learning Coalition of Broward
. Early Learning Coalition of PBC
. S1. Andrew's Residence of the Palm
Beaches, Inc.
. S1. James' Residence of the Palm Beaches,
Inc.
. Seagull Industries for the Disabled, Inc.
. South America Mission, Inc.
. Urban League of Palm Beach County
. World Servants, Inc.
30
~
GROUP
Governmental Experience
Ed has also directed the audits of the following
governmental entities:
. Children's Services Council of Palm Beach
County
. Children's Services Council of Broward
County
. City of Belle Glade
. City of Greenacres
. City of Lake Worth
. City of Pahokee
. City of Palm Beach Gardens
. City of Riviera Beach
. City of Riviera Beach CRA
. City of South Bay
. Conventional Low-Income Housing
Department of Commerce - Economic
Development Adm inistration
. Department of Housing and Urban
Development - Community Development
Block Grants
. Department of Labor, CET A
. Florida Governmental Utility Authority
. Hendry County
. Housing Authority of West Palm Beach
. Instructor for seminars on local governmental
auditing and accounting
. Jupiter Inlet Colony
. Jupiter Inlet District
. Loxahatchee River Environmental District
. North Palm Beach Heights Water Control
District
. Okeechobee Utility Authority
<CJw,cQf~,ac9:yntQnocaiL~Ch
. Palm Beach County
. Palm Beach County Solid Waste Authority
. Revenue Sharing Financial and Compliance
Audits
. School Board of Palm Beach County -
Internal Accounts and Tangible Personal
Property
. Seacoast Utility Authority
. Section 8 Housing Assistance Payments
. Section 23 Low Income Housing
. South Lake Worth Inlet District
. Town of Gulf Stream
. Town of Highland Beach
. Town of Juno Beach
. T own of Lake Clarke Shores
. Town of Lantana
. T own of Manalapan
. Town of Mangonia Park
. Town of Palm Beach Shores
. Town of Sewall's Point
. Town of South Palm Beach
. Village of Palm Springs
. Village of Royal Palm Beach
. Village of Tequesta
. West Palm Beach Golf Commission
31
~
CROCI'
ROBERT W. HENDRIX. Jr. CPA
Bob Hendrix is a partner with Nowlen, Holt &
Miner, PA and has been with the firm for 27
years. His education includes a B.S. from
Florida State University. He is licensed as a CPA
in Florida and is affiliated with the following
organ izations:
. Florida Institute of Certified Public
Accountants
. Florida Government Finance Officers'
Association (FGFOA)
. CPAmerica Accounting and Auditing
Committee
· American Institute of Certified Public
Accountants
Relevant Continuing Professional Education
Some of Bob's more current seminars include the . 06/04 Advance Training for Peer Reviewers
following: . 06/04 CPAmerica Annual A&A Conference
. 06/03 FGOA Annual Conference . 05/05 FGOA Annual Conference
. 06/03 Advance Training for Peer Reviewers . 06/05 Advance Training for Peer Reviewers
. 06/03 CPAmerica Annual A&A Conference . 06/05 CPAmerica Annual A&A Conference
Non-Profit Experience and Governmental Experience
While with the firm, Bob has managed the audits
of the following non-profit and governmental
entities:
. Palm Beach County
. City of Riviera Beach
. Hendry County
. Western Palm Beach County Mental
Health Clinic
. Doveland, Inc.
· Hendry-Glades Mental Health Clinic
. Glades Community Development
Corporation
· NOAH Development Corporation
. NOAH, Inc.
. Glades Diamond, Inc.
. Glades Pioneers, Inc.
. City of Belle Glade
. City of South Bay
. City of Pahokee
· Belle Glade Housing Authority
· School Board of Palm Beach County
. Village of Tequesta
. Village of Palm Springs
· S1. Philip Benizi Catholic Church
· St. Andrew's Residence of the Palm
Beaches
. City of Lantana
32
GJty,9f.~aQxmQPaeilQtl
~
GROUP
TERRY L. MORTON. JR.. CPA
Terry L. Morton, Jr. is a manager with Nowlen,
Holt & Miner, P.A. and has been with the firm for
17 years. His education includes a B.S. (with
honors) and M. Acc. from the University of
Florida. He has also received a Certificate of
Educational Achievement in both Governmental
and Non-Profit Accounting and Auditing from the
AICPA. He is licensed as a CPA in Florida and
affiliated with the following organizations:
Relevant Continuing Professional Education
. American Institute of Certified Public
Accountants
. Florida Institute of Certified Public
Accountants
. Florida Government Finance Officers'
Association (FGFOA)
. Government Finance Officers' Association
Special Review Committee
. Oakwood Center for the Palm Beaches,
Board Chairman
. Kairos Prison Ministry
Some of Terry's more current seminars include
the following:
. 5/01 Government Accounting and Auditing
Update
. 5/01 FGFOA Annual Conference
. 5/01 Governmental Accounting and
Auditing Update
. 5/01 Increasing Audit Efficiency in
Government and Non-profit Audits
. 6/01 Not-for-Profit Organizations
Conference
. 5/02 FGFOA Annual Conference
Non-Profit Experience
. 9/02
. 5/03
. 1/04
. 5/04
. 1 0/04
. 5/05
. 9/05
. 10/05
While with the firm, Terry has managed the
following audits of non-profit organizations:
Adopt-A-Family of the Palm Beaches, Inc.
Area Agency on Aging of Palm
Beachffreasure Coast, Inc.
Better Business Bureau of PB County, Inc.
Center for Children in Crisis, Inc.
Comprehensive Aids Program of Palm Beach
County, Inc.
Catholic Charities of the Diocese of PB
Doveland, Inc.
Florida Community Health Centers, Inc.
Glades Area ARC
Glades Community Development
Corporation
Glades Diamond, Inc.
Glades Pioneers, Inc
Haitian Center for Family Services, Inc.
Healthy Start Prenatal and Infant Care, Inc.
Help Becomes Hope, Inc.
The Lord's Place, Inc.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Hospice r-ounaatlon of Palm Beach County,
Inc.
Hospice of Palm Beach County, Inc.
New Beginnings Community Development
Center, Inc.
NOAH Development Corporation
NOAH, Inc.
Parent-Child Center, Inc.
Palm Beach County Resource Center, Inc.
PB County Chapter, The American Red
Cross
Palm Beach Drama Works, Inc.
Early Learning Coalition of Broward
Early Learning Coalition of PBC
South America Mission, Inc.
Street Beat, Inc.
Urban League of Palm Beach County, Inc.
Western Palm Beach County Mental Health
Clinic
World Servants, Inc.
Hanley Center, Inc.
Institute for Ethnomedicine, Inc.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
33
<Qity<::Qf~aQ~glQ"l--a-t5tA~"
FGFOA Seminar on GASB 34
FGFOA Annual Conference
Fraud and SAS 99
FGFOA Annual Conference
Consideration of Fraud in
Governmental Audits
FGFOA Annual Conference
Governmental Accounting and
Financial Reporting
Engagement CS - Increasing
Audit Efficiency
~
GROUP
Governmental Experience
Terry has also managed the audits of the following governmental entities:
. Belle Glade Housing Authority . Loxahatchee River Environmental Control
. Children's Services Council of Palm Beach District
. County . Jupiter Inlet Colony
. Children's Services Council of Broward . Palm Beach County
County . School Board of Palm Beach County -
. City of Belle Glade Internal
. City of Greenacres Accounts
. City of Pahokee . Town of Gulf Stream
. City of Riviera Beach . T own of Mangonia Park
. City of Riviera Beach CRA . Town of Sewall's Point
. City of Palm Beach Gardens . T own of Palm Beach Shores
. Florida Governmental Utility Authority . Village of Tequesta
. Hendry County . West Palm Beach Golf Commission
34
..~.t1;y.,....Qf.~a~nlQJl..:a.tlACh
~
GROUP
N. RONALD BENNETT. CPA
N. Ronald Bennett is a manager with Nowlen,
Holt & Miner, P.A. and has been with the firm for
17 years. His education includes an MBA in
Finance from Florida State University where he
was also a member of Beta Gamma Sigma
Honor Society; and a Bachelor of Aerospace
Engineering (with high honors) from Georgia
Institute of Technology. He is licensed as a CPA
in Florida and is affiliated with the following
organizations:
Relevant Continuing Professional Education
. American Institute of Certified Public
Accountants
. Florida Institute of Certified Public
Accountants
. American Society of Mechanical Engineers
. National Association of Certified Valuation
Analysts
. Association of Eminent Domain
Professionals
Some of Ron's more current seminars include the
following:
. 3/00 The New Financial Reporting Model -
GASB Statement No. 34
. 6/00 Internal Controls
. 5/01 Governmental A&A Update
. 5/01 Making Governmental Auditors
Proficient
. 1/02 Local Governmental Financial
Reporting and Auditing
. 6/02 Accounting and Auditing Update
and Review
Non-Profit and Governmental Experience
. 1/04 Fraud, Internal Controls, & SAS 99
. 5/04 Fraud Prevention Policies and
Procedures that Work
. 7/04 Government Auditing Standards
Update
. 1 0104 Practical Implementation Guidance
for a Local Government Audit Under
SAS 99
. 7/05 Governmental Accounting &
Financial Reporting
. 1/06 Governmental Accounting &
Financial Reporting
While with the firm, Ron has worked on the
following audits of non-profit and governmental
entities:
. Area Agency on Aging of Palm
BeachlTreasure Coast, Inc.
. City of Greenacres
. City of Pahokee
. North Palm Beach Heights Water Control
District
. Palm Beach County Solid Waste Authority
. PB County Chapter, The American Red
Cross
. Port Mayaca Cemetery
. School Board of Palm Beach County-
Internal Accounts
. South America Mission, Inc.
. South Lake Worth Inlet District
.~CJty,J~f;eg){,.n!QR:IiflA9tl
. Town of Highland Beach
. Town of Manalapan
. City of Riviera Beach
. Riviera Beach Community
Redevelopment Agency
. Town of Jupiter Inlet Colony
. T own of Lake Clarke Shores
. Town of Palm Beach Shores
. Town of South Palm Beach
. Western Palm Beach County Mental
Health Clinic
. World Servants, Inc.
. Town of Gulf Stream
35
~
GROUP
DANIEL A. KIRCHMAN. CPA
Daniel A. Kirchman is a supervisor with Nowlen,
Holt & Miner, P.A. and has been with the firm for
7 years. He has 11 years of experience in public
accounting and 13 years of experience in private
industry, as a controller, for a petroleum
marketing and convenience store chain. He
graduated cum laude from the University of
Arkansas with a B.S. in Accounting. He is
licensed as a CPA in Florida and is affiliated with
the following organizations:
Relevant Continuing Professional Education
. American Institute of Certified Public
Accountants
. Florida Institute of Certified Public
Accountants
. Florida Government Finance Officers'
Association (FGFOA)
Some of Daniel's more current seminars include
the following:
. 3/00 GASB 34
. 9/00 Florida Single Audit Act Update
. 5/01 Risk Based Audits for Governmental
and Not-for-Profit
. 11/01 FGFOA School of Government
Finance
. 6/02 Not-for-Profit Conference
. 6/03 Accounting and Auditing for Fraud
Non-Profit Experience and Governmental Experience
. 1/04 Fraud, Internal Controls and SAS 99
. 6/04 Governmental and Not-for-Profit
Update
. 6/04 Annual Update for Accountants and
Auditors
. 5/05 FGFOA Annual Conference
. 10/05 Engagement CS - increasing audit
Efficiency
. 6/05 HUD Public Housing Administration
Conference
Daniel has supervised the audits of the following non-profit and governmental entities:
. Belle Glade Housing Authority . NOAH Development Corporation
. City of Belle Glade . NOAH, Inc.
. City of Clewiston . City of Pahokee
. City of Greenacres . PGA of America
. Doveland, Inc. . Seacoast Utility Authority
. Florida Governmental Utility Authority . South shore Water Association
. Everglades Federal Credit Union . Western Palm Beach County Mental Health
. Glades-Diamond, Inc. Clinic, Inc.
. Glades Pioneers, Inc. . West Palm Beach Golf Commission
. Hendry-Glades Mental Health Clinic, Inc.
. Indian River Memorial Hospital
Clty....Qf..~a:Q~D;lQ.p...a.tl~J;;_h
36
~
GROUP
DONALD D. RINZEL. CPA
Donald Rinzel is a supervisor with Nowlen, Holt
& Miner, PA with eight years experience. He
received his B.S. in Accounting from Florida
Atlantic University. He is licensed as a CPA in
Florida and affiliated with the following
organizations:
. American Institute of Certified Public
Accountants
. Florida Institute of Certified Public
Accountants
Relevant Continuing Professional Education
Some of Donald's most current seminars include the following:
. 5/04 FICPA Annual Update for Accountants
and Auditors
. 6/04 FICPA Financial Statement Analysis:
Basis for Management Advice
· 6/05 Compilation and Review: A Practical
Approach
· 6/05 Generally Accepted Accounting
Principals Update
Governmental Experience
While with the firm, Donald has worked on the
audits of the following governmental entities:
. City of Greenacres
. City of Riviera Beach
· Town of Gulf Stream
· Town of Highland Beach
. Town of Manalapan
· Town of Lake Clarke Shores
37
.Glb(.9f.ecQYO~tQfJ",aCl~Ch
~
GROUP
APPENDIX C
PRICE PROPOSAL
. Dl:lach
~~ ~~
~
GROUP
PRICE PROPOSAL
Total price for auditing services for the City of Boynton Beach:
Year 1 - 2006
$86,000
$89,000
$92,000
$95,000
$98,000
Year 2 - 2007
Year 3 - 2008
Year 4 - 2009
Year 5 - 2010
NOTE: Price Proposal assumes that no significant audit adjustments will be necessary and no reportable
conditions or non-compliance will be noted in the Single Audit.
This certifies that Edward T. Holt is entitled to represent the firm, empowered to submit the bid, and
authorized to sign a contract with the City of Boynton Beach.
~y.~
Edward T. Holt, President
Nowlen, Holt & Miner, PA
38
~
C]{()lJP
.~GM
_~I
APPENDIX D
CPA LICENSES/BUSINESS PERMITS
39
AC# 22 6 4 8 51
..STATE.OF.FLORIDA
.--.... .--..'. ..--...
10 il 2005 ()50307325
iJ;'heACCOUN'l'ANc:Y.
"':<Namedbelow. IS~LI
Under the provisions of
EJCpirationdate: DE,C" 3 :L';JJ':; 2
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'215 FIFTH STREET "..
SUITE 200
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DEPAR~NT OF BUS,INESSZS A1ID P~h~ESsi(>NAL REGULATION ...., ~.;"
. .B()ARnQ?:ACCOt:rNTANCY~ SEQ# LO~10::16 r
3
DISPLAY AS REQUIRED BY LAW
IDi ;J;J;Li~l7i
,....',., . "'SECRETARY.~/;~
40
hv,r 112 70 3 9
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ACCOUNTANCY SEQ#L03101400675
: - LICENSE NBR
110 14 2003 030272748 AC0004484
The CERTIFIED PUBLIC ACCOUNTANT
Named below IS LICENSED
Under the provisions of Chapter 473 FS.
Expiration date: DEC 31, 2005
-.c' DATE
HOLT, EDWARD T
PO BOX 347
WEST PALM BCH
FL 33402-0347
JEB BUSH
GOVERNOR
DISPLAY AS .REQUIRED BY LAW
DIANE CARR
SECRETARY
41
C# 11 6 6 4 1 7
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ACCG1UNTANCY SEQ#L03110500393
LICENSE NBR .<.:'-:'\'F ,<:;"_::. '
1 OS 2003 030318868 AC0007s23.\<,\f~',~~!-,"''-'~::;'<;_.,
The CERTIFI.EDPUBLIC ACCOUNT~~"';:;'" f': :.~ "f; "~'''_3::,,_-~('
Namedcbelow IS LICENSED~""')(;!~ · J,' ;($~1-''''.
Und,:r t~e provisions of Chapt~! _'11a'::r~~. -~.ff!..~.;'E:
ExpJ.ratJ.on date: DEC 31, 200sP.\ !\!:-l ,..,:_-~>::::',.l-:._r.-:...:!i.v,
,2.'~~imf! :.;,~~: . , '. \ ':C:J,::
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HENDRIX/. ROBERT WAYNE JR ':',':~';";" ~ ,.
PO BOX .:S 3 8 ' ..~I..;'7 _,.(,,,1
BELLE GLADE FL 33430-0338 "Pr,l i','f,
DATE
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
DIANE CARR
SECRETARY
42
~~. 95714
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fi:lDiA~:iE~ilftl: ~~ .... .
- >NOWLEN ,HOLT & MINER, ~.A . ~<<~j, G<'-,r-~ "'l)~ 4'--
.:~.-~;5 F~FTH g::r~;e::r .,.~ 'j?:_~<~?n V\r"E .:~1.f' 'ii:.):...
'~~ J~)!. ~;~~~; :;~~. ~~'{":':I ~ \r.=..-(.:_~.:.-_~.__:._._..r.:._....'_.._~~.,.~;.=.-_..~~_'~.~%._~__.__-..._:_:...-'_':,.,_,_:.~_..'.,,:_,:,_.::-~_~::'.~~.:_-:_O._:..-_.-_"..:;..-',..':.._.__'_'.2:.:;-__'.:__~.::.._,:._~_=--.:r...'_:_:.,.t__.".'~:-:._~r,.~:._._f..,_.'.._....."~;~"~'~~~~~ {~ ~~7" 2_f:.-:,;.",.:",,~....:.r;;~.:.', .,l::'I~.r"_'~':"'."""'-""'~'I:"'~.:'~"'.';'" ........~.._!...~~,_..~..C_..;.i.;"
.uj1;~ ;!;1;f1"o{~ till'.' :.~,~~~
DISPLA vAs REQUIRED BVLAW
~.. ,.. ;"?;":~':~~,;;..:\... ;'~1,=- ~r-''''- -. -, >=:'...----- :~~t~.
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43
IAG#22 955 5 4
STATE OF FLORIDA
- -, - .' '-:.'-','- '" . -:.-- '-. - . "', -.~ . .. .
DEPARTMENT OFBUSIN'ESSAND~PROFESSION'AL REGULATION '. ,
13QARD~ OF.ACCOUNTANCY SEQ#LOSJ.025 \7
~_~:' i{;'. ,.~~;;'.~_~:' _' :.~'(:i.',~~~ -.-,:c,; ,.::;.,~:~_ i::_,' _ :~~t"," _;':" _, _', ':: _: _ '_": _"_
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" 1l:~J;>iLr~J:ion,date: DEC 31,1.". 20.c>1,,:~J~;;,
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"-."
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"'-':~';I
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44
~c# 1 7 22 1 8 2
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF A.CCOUNTANCY SEQ#L041l040048
LICENSE NBR.
::- :~~:: =r-.":'; " -~-: .~
," ~'.~~~~~::~ .:.-:. "-..;~[~:..
ff~r:~ ':'--;:~<~;,.
KIRCHMAN, DANIEL ARNOLD
15781 75TH LANE N.
LOXAHATCHEE FL 33470
. , : :~.-~: t , J, - .
- ':.:~i'flf"f,_;._
\~t~ '....~~~:...
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
DIANE CARR
SECRETARY
45
---~-~_._'--~'~--------.__._-~~---~--_._,-~-,--~-------,--,--.,'..
AC# 2 560883
DEPARTMENT OF BUSINES~AND PROFESSIONAL REGULATION
-ocBOA1ID:'~"s':ACCOUNTANCY SEQ# L06042400 65:
STATE OF FLORIDA
<,
. ";.-' ,,',' . , , '_ _ '-:~_~.i,-:--,'::.': -~_
04 24 2006 05S07ScS'2 AEf3'484:ff
The . CERTIFIED'PuELI C:t'~CCQUliITAN:r"
Named below IS LICENSED <-
Under the provisions of Chap,te:r_4-73-:.gS.
~~iration date: D~;'J(3i~,~::~~'?"'i'~i;;~\~'~~;~~!,
. _..~~~~:Ei.il~~q~~~~~~IMIT~~'" "'!)";\:':,?;'::':
WEST PALM BEACH
"'", :".,,' .. . .' '-~-- .
" " -- ,"', - --- ',-. :,', '~J.~.
JEB> BUSH,"..
GOVERNOR
DISPLAY AS REQUIRED BY LAW
MARSTILLER
SECRETARY
46
~
GROUP
APPENDIX E
EXTERNAL REVIEW
Q1 QfJaa~ ~ch
...."~ ..
..~. - ~;I" - ....
---... :....~.> "" ~- ~-'" . . .~...........
-;'CP AMERIcA'
INTERNATIONAL
A leading network of independent CPA firms
September 30, 2003
To the Shareholders
Nowlen, Holt & Miner, P.A.
We have reviewed the system of quality control for the accounting and auditing practice of
Nowlen, Holt & Miner, P.A. (the firm) in effect for the year ended May 31, 2003. A system of
quality control encompasses the firm's organizational structure and the policies adopted and
procedures established to provide it with reasonable assurance of conforming with professional
standards. The elements of quality control are desclibed in the Statements on Quality Control
Standards issued by the American Institute of Certified Public Accountants (AICPA). The
design of the system and compliance with it are the responsibility of the firm. Our responsibility
is to express an opinion on the design of the system, and the firm's compliance with the system
based on our review.
Our review was conducted in accordance with standards established by the Peer Review Board
of the AI CPA. In performing our review, we obtained an understanding of the system of quality
control for the firm's accounting and auditing practice. In addition, we tested compliance with
the film's quality control policies and procedures to the extent we considered appropliate. These
tests covered the application of the firm's policies and procedures on selected engagements.
Because our review was based on selective tests, it would not necessarily disclose all weaknesses
in the system of quality control or all instances of lack of compliance with it.
Because there are inherent limitations in the effectiveness of any system of quality control,
departures from the system may occur and not be detected. Also, projection of any evaluation of
a system of quality control to future periods is subject to the lisk that the system of quality
control may become inadequate because of changes in conditions, or because the degree of
compliance with the policies or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice of Nowlen,
Holt & Miner, P.A. in effect for the year ended May 31, 2003, has been designed to meet the
requirements of the quality control standards for an accounting and auditing practice established
by the AICPA and was complied with during the year then ended to provide the firm with
reasonable assurance of conforming with professional standards.
9?tiduud c: ttJ.iMoh
Michael E. Wilson
Team Captain
47
11801 Research Dr.
Alachua, FL 32615
Ph: (386) 418-.iOO I
E-mail: cp.unericaCdJcpamerica.org
Fax: (386) lei) 8-4002
Horwath
\V\V\v. C panlerica. 0 rg
,)'t,.arc~e.ic Afli'UU"t'
~
GROUP
APPENDIX F
PROFESSIONAL RESOURCES/U.S. CITIES
~
GROUP
CPAmerica International, Inc.
As described in the proposal, CPAmerica International is an association of accounting firms with offices
and professionals in more than 370 cities world-wide. CPAmerica International, in partnership with
Horwath International, provides our firm with access to limitless world-wide accounting and consulting
services and expertise. The following pamphlets depict in further detail CPAmerica' s mission, services,
activities, and locations.
48
Who's helping you
grow your
business?
The financial growth of your business begins with personal relationships.
As you grow, you deserve the most comprehensive local, national and
international expertise available.
That's why our firm is a member of CPAmerica International, one of the
largest networks of independent CPA and consulting firms in the world.
Our membership in CPAmerica International allows you to receive the
problem-solving expertise and wealth accumulation advice of 10,000
professionals across Florida, the nation and the world.
We have Florida covered and are expanding. Call us today to receive the
personalized service you expect and deserve.
Gainesville Affiliate
Davis, Monk 6- Company
Gainesville, Fla.
(352) 372-6300
(800) 344-5034
Palatka, Fla.
(386) 325-4561
St.PetersburglTampa Affiliate
Gregory, Sharer 6- Stuart
St. Petersburg, Fla.
(727) 821-6161
Space Coast Affiliate
Hoyman, Dobson 6- Co., EA.
Melbourne, Fla.
(321) 255-0088
Sarasota Affiliate
Kerkering, Barberio 6- Co., EA.
Sarasota, Fla.
(941) 365-4617
Broward Miami/Dade Affiliate
Morrison, Brown, Argiz 6- Co.
Miami, Fla.
(305) 373-5500
West Palm Beach Affiliate
Nowlen, Holt 6- Miner, EA.
West Palm Beach, Fla.
(561) 659-3060
Belle Glade, Fla.
(561) 996-5612
CPAMERICA
INTERNATIONAL
A leading network of independent CPA firms
www.cpamerica.org
I I I I.'
Personalized service of a local firm
Knowledge and resources of a global network
...
.
The power and resources of a strong national network are not just the domain of multinational corporations.
There is another choice. . a very attractive choice.
CPAmerica International is one of the world's largest networks of independent CPA firms. It might surprise YOll to know tll;it
through our finn's affiliation with CPAmerica, we are able to offer you comparable services to anything a national firm can offer
and often more.
The fimls of CPAmerica are ethics-driven, local finns that have significant presence in their communities. They're on a first-name
basis with their clients. They pride themselves on providing honesty, hard work and solutions that make sense.
The clients of CPAmericafirms receive the best of both worlds - the regional knowledge and sincere concern of a local finn coupled
with the vast resources and experience of a progressive worldwide network. For you, this means \VC will meet all of your unique
financial management challenges - no matter how large or small.
As a member of one of the largest networks of CPA firms in the world. our finn has instant online access to the
expertise and resources of nearly 2,000 CPAs at more than 70 large, independent firms across America.
In addition, we have the ability to network with more than 15,000 CPAs and consultants around the world through CPAmClica's
strategic alliance with the Horwath International network.
These affiliations enable us to bring powerful solutions to meet all of your needs, without costly overhead and bureaucracy. We pass
that savings on to you.
working together for you
Whether you're looking for business and financial advice, estate planning, management consulting or a
host of other accounting and financial services, the strength of the CPAmerica network is working for you.
Many CPAmerica advisers are among the top in their fields in the nation.
.... Tax consultation on state, national and international issues
.... Access to business and management consultation on a worldwide scale
.... Knowledge of the unique requirements of tax-exempt organizations
.. Advice on new and pending tax legislation
.. Availability of business valuation experts with knowledge of your industry
.. Access to professionals with solid expertise in mergers and acquisitions
.. Advice from professionals with industry-specific knowledge in a broad range of fields
.... Consultation on strategic planning for your business
.... Assistance with establishing internal controls for your company
.... Assurance and accounting services
.... Individual services
~
I
from your CPA firm
"'
~
,
When it comes right down to it, what do you really want from your accounting firm?
If you're like most businesses, there are four essential elements:
.:. A high level of personal attention
.:. Professional knowledge pertinent to your business
.:. Solutions that work and meet your needs
.:. Reasonable fees
A local firm - one with strong ties in your community - that also has national and international connections is by far the most
capable of delivering those four necessities.
Our local firm is in the position to provide you with everything you really want from your CPA:
.A. We listen to you.
.A. We get to know you and your organization.
.A. We offer you insights and creative recommendations.
.A. We take immediate action to meet your needs.
.A. We make the extra effort for you.
.A. We understand your industry.
.A. We connect you with national and international expertise from our network.
.A. We always follow through for you.
.A. We have experienced professionals who will be there for you over the long tenn.
.A. We work as a team for you.
.A. We have reasonable fees - we give you excellent value.
I
to work for you
The client base of CPAmerica firms is diverse. Network members across the country have a proven track
record in assisting thousands of clients to solve their most complex financial management issues.
CPAmerica fimls are poised to respond to the rapid changes in your competitive marketplace. CPAmerica
members nationwide work as a team to ensure you receive the very best of our network's resources and expertise.
.A. Real estate
.A. Nonprofit organizations
.A. Healthcare
.A. Professionals (attorneys, engineers,
architects, etc.)
.A. Construction contractors
.A. Retail trades
.A. Agriculture, livestock, forestry
.A. Manufacturers
8,100 clients
5,400 clients
5,200 clients
5,100 clients
4,300 clients
4,000 clients
2,900 clients
2,400 clients
.A. Wholesale distributors
.A. Government agencies
.A. Securities dealers/investment companies
.A. Automobile dealerships
.A. Utilities (including telephone companies)
.A. Franchisers
.A. Lending institutions
1,500 clients
800 clients
550 clients
400 clients
350 clients
200 clients
] 00 clients
Wouldn't you like to have these resources and this specialized knowledge working for you?
Exceeding client expectations... locally, nationally, internationally
CPAmerica International™. 11801 Research Dr.oAlachua,FL 326150 (386) 418-4001
Fax: (386) 418-4002 . E-mail: cpamerica@cpamerica.org . www.cpamerica.org
Full disclosure statement: CPAmerica International is an international networlc of independent CPA firms. It ;s not a licensed CPA (inn.
The capabilities set forth in this brochure may be provided only by the affiliated CPA finns of the CPAf'lerica International networ/c.
Accounting Associations
ASSOCIA 11 ON
Worldwide
l
WORlDWIDE REVENUE
$2.1 billion
2 Baker Tilly International
-- ------- --------~---~~-------~._._----.---
2 Moores Rowland International
3 Nexia International
$ 1.8 billion
..----_.---------
$ 1.8 billion
$ 1.6 billion
Accounting Firms/Associations
-"^,"lDeI~"'& T~~~~--- -+ :~~~+p~;:f'-IP~':;~~AI.S11OM:~~~f'F~~R5
~~1-~--~~---~--~ - -~~-- _n ----->---- __n_~ -----~----r -~~-~---- n___~~__ -- n~___L~ _ _ I
2 Ernst & Young I $5.51 billion 2,000: 16,489 ~25,089 n n - ~ 95
----~-~~~ ~ ~j---- ~n____~____nn~~__~__~ ~_~___~ ~ I~_ ~_n__~_ _ ~--~---- --~~j ~ --- , ~ ~ _~ '
~-+~~~t.,h~,~oopm --- --I-i~~:~::i::-+-~:~~ ~ :::~- --I~~:~~~~j
, : I
NA NA- -'5.300-- nUl
United States
125
95
__?__~-- G~ant Thornton
8 RSM/McGladrey & Pullen
9 Jackson Hewitt Tax, Inc.
--'0 American Express Tax Svcs.
$635 million3=i _~_~6~__,-_ ____~686 ~_____~_ 3'92~~n_~_9_-~--
$586 million 467 I 2,618 I 4,024 92 ~
$460 million NA--_r---280 --r 377 4,935-
$385 million I-----NA- ; ~900-----1-2,500-1--48--
I I ;
Accounting Firms/Associations - Worldwide
+f{I~~;:::t~::~:~:::,u .[ ~:~: ~[~~~~RO:I:~S=~~~~:r: r]~
--~-~~~---------- ~~~--~-----[---_n_----~-L-~__________~__ _ -~i~--~ _~____~~n ~ +__~ _______~__"_
3 Ernst & Young $14.5 billion I 6,973 I 70,070 . 100,601 : 670
--4--, KPMGlnte;~atio~-;:I~-------- ,-$lis bilii~~--l-----6~448---- -t-- 70,095---T--94,ooo-1 717
=rl~~,:~~~:::~::~-----------l=---~~~ :::::-f- ~~ni ---~::~r- '--*;~ r=,-- ~
--+- Gr~~~Th~;:-n-~;-~--- -n-----+-----$2.Tbilli~-i----2,026---14:25i----- m --20,486 -+--504 m
Moores Rowland International
$1.8 billion j
--. - --------~------~_.-
$1.8 billion I
592
Bat-:ed on 200'! figures from /1cc()unting Today and the hllenwtioJlul Accounting Bulleti"
~
CPAmerica International · 11801 Research Dr. · Alachua, FL 32615
(386) 418-4001. Fax: (386) 418-4002
E-mail: cpamerica@cpamerica.org · www.cpamerica.org
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FON '9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM B.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
D April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3,2006 (Noon) t2J June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NA TURE OF t2J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids 0 Unfmished Business
D Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: A motion to approve a contract with rates for the GPS ROAD CENTERLINE PROJECT
WITH FIELD VERIFIED POINT BASED ADDRESSING", and authorize by resolution the execution ofthe contract
with Digital Data Technologies of Columbus, Ohio. RFQ #041-2210-06/CJD.
EXPLANATION: On June 6, 2006, Commission approved negotiation of a contract with Digital Data Technologies.
On May 24, 2006, the selection committee met to evaluate the proposals in public meeting. Each committee member
reviewe~the proposals independently and utilized a numerical scoring system and rating sheet to evaluate each
proposal agliinst the selection criteria established in the RFQ. The selection committee met on May 24, 2006, to
discuss their scoring and ranking of the four (4) proposals. Each member's score was tabulated to arrive at the final
score for each firm and the final overall ranking, with Digital Data Technologies receiving the highest point total and
the #1 ranking. Data Technologies was the most responsive, responsible firm that met all criteria. A summary of the
final rankings are attached.
PROGRAM IMP ACT: The purpose of this RFQ was for the Fire Rescue Department to coordinate the acquisition of
a GPS acquired digital road centerline file and field verified address points. It will be utilized to augment the City's
911 and GIS to provide accurate locations and routing for emergency calls.
FISCAL IMPACT: This project will be paid through a FEMA grant (up to 80%) and there is an allowance in the Fire
Department budget for the remaining 20%.
ALTERNATIVES: Not to proceed with the GPS Road Centerline Project
which would af ccuracy of our emergency 911 Services.
rified Point based addressing,
Procurement Services
Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Jim Ness - Deputy Fire Chief
Barkely Garnsey - Fire Dept.
File
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RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
A CONSULTING AGREEMENT FOR THE GPS ROAD
CENTERLINE PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City previously sought requests for qualifications for a GPS Road
Centerline Project with field-verified point-based addressing; and
WHEREAS, the City's selection committee evaluated the qualification of interested
parties and determined that Digital Data Technologies received the highest point total, and
therefore the number one ranking; and
WHEREAS, the City Commission authorized negotiation with Digital Data Technologies
and those negotiations resulted in the proposed consulting agreement which is the subject of this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1:
The "Whereas" clauses set forth hereinabove related to proposed legislative
enactments are incorporated herein by reference.
Section 2:
The City Commission of the City of Boynton Beach hereby accepts and
approves the accepting agreement for GPS Road Centerline Project with field-verified point-
based addressing between the City of Boynton Beach, Florida, and Digital Data Technologies,
Inc., a copy of which is attached hereto as Exhibit "A."
Section 3:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of June, 2006.
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
S:\CA\RESO\Digital Data.doc
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8 ATTEST:
9
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11 City Clerk
12
13 (Corporate Seal)
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\RESO\Digital Data.doc
2
CONSULTANT AGREEMENT FOR
"GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED POINT
BASED ADDRESSING"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Digital Data Technologies, Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified,
1. PROJECT DESIGNA TION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated GPS ROAD
CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED ADDRESSING.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"B" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 90 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City, prior to expiration of the ninety (90) day calendar period.
4. FORCE MAJEURE. If the performance of any part of this Agreement by either Party is
prevented, hindered, delayed or otherwise made impracticable by reason of such events as,
but not limited to, flood or other natural disaster, riot, fire, judicial or governmental action,
labor disputes, actions or any other causes beyond the control of either Party, or in the case of
Consultant a failure of the satellite upon which Consultant must rely for positioning, the
Party experiencing the force majeure condition shall be excused from performance to the
extent that it is prevented, hindered or delayed by such causes. Such force majeure condition
shall not provide a basis for termination of this Agreement, unless the Parties agree to
terminate, without further obligation, except for observance of those obligations that survive
the termination of the Agreement.
5. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$104,000 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
verified by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c, Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon verification by the City after the completion of the work under this
agreement and its acceptance by the City.
CA-I
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service agreement, faithfully observe and comply with all federal, state and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement. Additionally, Consultant will comply with the applicable terms and conditions as
described and referenced in the Assistance to Firefighters Grant No. EMW-2005-FG-17476,
incorporated herein.
8. INDEMNIFICA TION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$l,OOO,OOO.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CA-2
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express, advance written consent of the City. Any assignment
without such required consent shall constitute a breach of this Agreement.
14. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this agreement at any time, for any or no reason,
by giving ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Palm Beach County, Florida. Further, this agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Digital Data Technologies, Inc.
956 King Ave.
Columbus,OH 43212
CA-3
18. INTEGRA TED AGREEMENT. This agreement, together with attachments or addenda,
Assistance to Firefighters Grant No. EMW -2005-FG-17476, and the terms and conditions of
RRFQ#041-2210-06/CJD, represents the entire and integrated agreement between the City
and the Consultant and supersedes all prior negotiations, representations, or agreements
written or oral. This agreement may be amended only by written instrument signed by both
City and Consultant.
DATED this _ day of
,20_
CITY OF BOYNTON BEACH
CONSULTANT
City Manger
Signature
Attest! Authenticated:
Printed Name
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
Office of the City Attorney Secretary
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 the County aforesaid to take acknowledgements, personally appeared
as of
named in the foregoing agreement and that he/she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him/her by said and that the Corporate seal affixed thereto is the true
corporate seal of said Corporation.
Witness my hand and official seal in the County and State last aforesaid this _._ day of
,2006.
NOTARY PUBLIC
Printed Name
My Commission Expires:
CA-4
EXHIBIT "A"
AGREEMENT AS TO
WARRANTIES AND LIABILITIES UNDER THE
CITY OF BOYNTON BEACH, FLORIDA
GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED
ADDRESSING
This agreement is entered into this _ day of , 2006, between the
CITY OF BOYNTON BEACH, Florida, (hereinafter referred to as the "City"), and
DIGITAL DATA TECHNOLOGIES, INC., (hereinafter referred to as "DDTI"), 956 King
Ave., Columbus, Ohio, 43212, and amends the agreement between the Parties entitled
"Consultant Agreement for GPS Road Centerline Project with Field Verified Point Based
Addressing", signed by the appropriate County parties on the _ day of
2006.
WHEREAS, DDTI has agreed to provide and deliver to the City on CD-ROM
(hereinafter referred to as the "product"), a digital road centerline file in ESRI shape-file
format, as best determined by utilizing satellite global positioning technology, for all
public roads in the City of Boynton Beach, and geo-referenced field addresses and an
associated master address error list for as many selected parcels, primary residential
and commercial structures as possible that were visible from the road right-of-way; and
WHEREAS, it is necessary to identify the limitations inherent in the data used in
the product and to make certain that all users recognize the limitations on DDTI's
liability for the uses of the data used in the product.
NOW, THEREFORE, the Parties, each in consideration of the mutual promises
of the other, agree to amend their existing agreement as follows:
1. DDTI warrants the quality of data it collected for use in the product and warrants that it
will correct any data in the product found to be incorrect without charge to the City;
2. DDTI does not warrant any of the data taken from sources not produced by DDTI.
Such data includes that data used in mapping which was obtained in part from satellite-
controlled positioning, and that data gathered from public records maintained by
organizations other than DDTI.
3. If the error in the product is the result of errors in the inputs which were provided from
somewhere other than DDTI and upon which DDTI relied, including information
provided by the City to DDTI or satellite position, then DDTI will correct the data in the
product on a time and materials basis at DDTI's then current labor charges,
4. DDTI further disclaims liability for any damages, including any consequential
damages, that result from the use or misuse of the data contained in the product and/or
the product by any person.
CA-5
5. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, DDTI
MAKES NO WARRANTIES HEREUNDER, AND DDTI EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMIT A TION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. To the extent not inconsistent with City's sovereign immunity rights, the City agrees to
hold DDTI harmless for any incorrect data not generated by DDTI under the Agreement.
7. The City agrees that it will not make any warranties or other assurances to the users of
the product on DDTI's behalf.
8. To the extent not inconsistent with City's sovereign immunity rights, the City further
agrees that it will specifically disclaim all warranties on DDTI's behalf and disclaim on
DDTI's behalf1iability for any damages, including consequential damages, resulting
from the use or misuse of the data contained in the product and/or the product by any
person.
DATED this _ day of
,20_
CITY OF BOYNTON BEACH
CONSULTANT
City Manger
Signature
Attest! Authenticated:
Printed Name
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
CA-6
EXHIBIT "B"
The City of Boynton Beach, Florida
GPS Road Centerline Project with Field Verified Point Based Addressing
Scope of Services:
DDTI will create a GPS derived road centerline with field verified point based addressing for
The City of Boynton Beach, FL. Consultant will drive every road (public and private) and field
verify all addressable structures (commercial and residential) with our mobile mapping process.
This will create a highly accurate (typically sub-meter) GPS derived GIS base data that can be
utilized by all local governments. DDTI's GIS data sets are created for the use in 9-1-1
applications, supporting point address location and routing of responding vehicles. The Project
approach will be as described in DDTI's response to RFQ#041-2210-06/CJD.
Deliverables as per RFQ:
· GPS x, y, and z point database of all collected centerline points with accuracy estimates in
Microsoft Access format.
· Geo-coded and field verified address point database in Arc View shape file format.
· Road arc feature centerline database with associated attributes in ArcView Shape files.
· Road point feature database (bridges, railroad crossings, etc.) in ArcView Shape files
· Road Name Table consisting of road names and aliases.
Payment:
DDTI will invoice the City at the start of work $18,500 for Project Management, Travel, and
Setup. When field work is complete, DDTI will invoice the City for $42,750. During post
production work, DDTI will invoice two monthly payments for $21,375. The City will retain
10% of the amount due at each invoice until the City is satisfied that work has been completed
according to the agreement, at which point the City will pay the $10,400 withheld. Total
payments are $104,000.
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ORIGINAL
Request for Qualifications Response for
GPS Road Centerline Project '
with Field Verified Point Based
Addressing
For the City of Boynton Beach, Florida
RFQ# 041-221 O-06/CJD
Prepared by:
Digital Data Technologies, Inc.
May 12,2006
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Table of Contents
Table of Contents ....... .......... ....... ............... ........ ................. ....,.. ................ ........ .............. ................1
1. Cover Letter.................................................................................................................................. 3
2. Executive Summary...................................................................................................................... 6
3. Description of Work Program and Scope of Services ................................................................... 6
Technical Approach and Project Work Plan ................................................................................. 6
Work Phases........ ................. ......... .......................,.................... .................. ..................... .......6
Project Management Methods ... ................. ............ ..... .............. ......... ......... ......... ..... ..............6
Roles and Responsibilities... ........ ............. ............................................ ........ ............ ............... 6
Project Tracking and Reporting........ ........... ............................ .................................................7
Creating the Intelligent Base map.......................................................................,....................7
Data Reduction Process................................................. .......................................,.........,....... 7
Centerline Creation............................. ....................................................... .............................. 8
Reduction and Displaying of Centerline Data.... .......... ............. ........ .................. ............ .......... 8
Address capture locations.. ............. ............ ............................. ..................... ......,.. ............. .....8
Feature Inventories and Road Attributes.................................. ...................... .................... ...... 9
Meta Data.........................................,.................................................. ..........,.........................9
Final Projection ......,...... .....,....... ,............... ...... .................................. .... ............. .... ..... ... ... ... ...9
Quality Control Procedures (data accuracy and quality assurance measures) ............................ 9
Data Maintenance.. ...... ..... ..,... ..... .... .................,...................... ..... ......... .............. ....... ..... ....... ... 14
Software for maintaining deliverables ........................... ............ ........................ ........ ............. 14
DDTI Centerline & Address Database Design ................. .......... ......................... ............ ............ 16
Road Centerlines ........... ...................................................................... .................................. 16
Addresses........ ........... .................................................................. ............................... ..... ..... 20
Confidential Information .. ......., ..... ........ ........... .... ................ .......... ............... .... ............ .......... ....23
Milepost and Logpoint Calculations. ..............,................. ...................... ..... ...... ..... ..... ......,. ... 23
4. Qualifications and Experience of the Firm ..... ........ ..... ......... ............................. ...... ............ ........24
Company Location. ......... .............................,...................................... ............ ........................... 24
Project Duration.......................................................................... .................... ...... ....... ...... ......... 24
Professional Staff .... ......................................................................................... ..........................24
GABOR BLAHO, Ph.D. - Partner .....................,.... ....................................... .............. ...........24
RON, CRAMER - Partner....,.. ................... .......... ............. .............................................,........25
CHRIS SANTER - Partner...........,....................... .......... ...............................,. ........... ......,..... 26
MARK WILCOXEN - Partner....................... ............................... ...... ......... ............................ 26
BRIAN KIENLE - Product Implementation and Support Manager......................................... 27
TONY COLLURA - GIS/GPS Analyst................................... .................. ...................... .........27
DAVID CORDRAY - GIS/GPS Analyst.................................................................................. 28
CHRISTOPHER BENDER - GIS/GPS Analyst...................................................................... 28
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
JEREMY KOUNTZ - GIS/GPS Analyst ..... .... ........ ......., ........ ...... ................ .................. ........ 28
MITCH PINKSTON - GIS/GPS AnalysL....... ........ ......... ................. ................. ............ ......... 29
DA VID PRIEST - AccuGlobe Product Manager .................................................................... 29
JIANWEI SUN - Software Developer .................................................................................... 30
TYSON TROTTER - Web Systems Engineer .......................................................................30
TIM ANDERSON -GIS Specialist...... ..................... ....... ................ .............. .......................... 31
DON MORGAN - GIS Specialist ............ ......... .... ...................................... ........... ................. 31
Centerline Qualification and DDTI Street Experience......... ..................... ......... .............. ............ 32
Recent Street Centerline Project Experience...... ......... ....... ...................... ...... .......... ................. 32
All Inclusive GIS Project References ................... ............. ................ ....... ................... ..... ........... 33
All Inclusive GIS Project References, continued ........................................................................ 34
List of Deliverables ...... ..................... ............... ..... ........ ............... ............... .......... ................ .... ... 35
Specific Highlights that Differentiate Our Firm ............................................................................36
The "Why?" of It All: ...................................................................................... ......................... 36
Collection Process: .................. .................................:... .........................................................37
Data Processing and Production:...........,.. ... ............ ............... ............ .............,..... ................39
Delivered Data........ ................ ....,............................................ .............. ........,.... ..... ..............40
Conclusion.........................................................................................................;................... 41
5. Additional Information ................................................................................................................. 42
Organizational Structure...................,.................................................................................... 43
Number of Employees ....... .............. ......... ............ .... ........................... ......... ......... ................ 43
Company Ownership ..........................................,.................................................................. 43
Litigation History ......,............................................................................................................. 44
General Liability Insurance Coverage ....................... ................. ........... ........ ............... .......... 44
Philosophy Statement,....................,....................,................................................................. 44
2
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
1. Cover Letter
This page intentionally left blank.
3
Digital Data Technologies, 'nc.
www.ddti.net
Corporate Office
956 King Avenue
Columbus, OH 43212
Phone: 614.429.3384
Fax: 614.429.3385
Toll free: 1.888.800.4003
May 12, 2006
Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Subject: GPS road center/ine project with field verified point based addressing (RFQ# 041-221 0-06/CJD)
Dear Procurement Services:
Digital Data Technologies, Inc. (DDTI) is pleased to submit the enclosed response to the City of Boynton
Beach, FL GPS Road Center/ine Project with Field Verified Point Based Addressing request for
qualifications.
DDTI understands the City of Boynton Beach, FL's purpose for this project is to create a digital base map
consisting of a centerline data file with field verified point-based addressing that will meet the needs of
E9-1-1. This center/ine data file with field-verified, point-based addressing will become the new Master
Street Address Guide that will enable the City of Boynton Beach, FL's 9-1-1 dispatchers to more reliably
map and route E9-1-1 calls. This process will also provide City of Boynton Beach, FL's 9-1-1 system
with the necessary map data to be Phase I and I I compliant with the FCC Docket #94-102 standards for
locating wireless E9-1-1 calls. In addition to satisfying the needs of City of Boynton Beach, FL's 9-1-1
system, accurate center/ines with point-based addressing will allow many other local government
departments and organizations to utilize the GIS data. As the address is the vital link to pulling disparate
datasetstogether, this enhancement will unify the GIS in a holistic manner; and will provide a maximum
retum on the City's investment.
DDTI also realizes that the city wishes to update its existing road center/ine network as part of the
address updating process. Some of the existing center/ines may be spatially inaccurate, lacking the
intelligence to enable routing and therefore do not contain the proper alternative road name information.
Additionally, most roads at the municipal level do not have route numbers or log point information, both
of which can provide reference and a basis to view data from a spatial perspective.
Our professional experience encompasses the mapping of over 46,000 miles of roadway and over
1,300,000 field-verified addresses for GIS and 9-1-1 related projects. Our approach, as defined in our
RFQ response, will provide the City of Boynton Beach, FL with the solution it is seeking in a cost-
effective and timely manner.
The centerline data DDTI delivers sets the standard upon which all other centerline databases are
compared. In fact, DOT I coined the phrase and developed the methods to provide our clients with the
"potential address range." This range takes into account the spatial locations of addresses and the
lengths of roadways from intersection to intersection. Recently, DDTI has created a patent-pending
process to go beyond the potential address range to what we have dubbed the "local address range."
This range provides an enhanced and more accurate basis for geocoding an address that might not exist
in an address point file layer.
DDTI has emerged as a leading global GIS company. Not only do we provide the best centerline and
addressing data, but have released AccuGlobe TM 2004 GIS software. This software is already in use in
more than 170 countries around the world by thousands of end-users. The maintenance software DOTI
will employ for this project has been under development for a number of years and is based on the
proven AccuGlobe software engine.
DDTI has established a very unique and proven methodology for the collection, processing, development
and maintenance of the reliable data the City of Boynton Beach, FL is seeking. We are so confident in
our approach that we contractually guarantee and warrant our deliverables.
Thank you for the opportunity to submit our response to this RFQ.
Respectfully Submitted,
,~/A:Yd~
Bruce H. D'Autremont
Sales Management
phone: 614-429-3384
toll free: 888-800-4003
emaH: bdautremont@ddtLnet
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
2. Executive Summary
DDTI is the world leader in creating the most accurate, cost-effective, geographical information
systems for local govemments at the level of detail as required by 9-1-1. Utilizing our unique GPS
and voice recording data collection system, DDTI can quickly create an intelligent road centerline
network, complete with field-verified addressing and other attributes related to routing, enabling the
correct mapping of spatial data. Ensuring client success, DDTI has developed user-friendly GIS
software and Intemet applications that immediately improve client productivity, enhance community
services and aid public safety.
Any company can collect and deliver data. How that data is collected. processed and made into
the end oroduct is what sets DOT! apart from everyone else. Quite frankly, the data we deliver is
RELIABLE and second-to-none. DDTI has the proven knowledge and expertise to fully understand
the intricacies and potential associated problems with legacy address databases. Our professional
experience encompasses the mapping of over 46,000 miles of roadway and over 1,300,000 field-
verified addresses for GIS and 9-1-1. Our system, which is comprised of several custom
programs, has been invented from scratch through many years of ongoing development. DDTI
does not employ off-the-shelf technology, because it will not provide the solution our clients need.
We are so confident in our process that we are the only GIS company that will guarantee and
warranty our work.
3. Description of Work Program and Scope of Services
TECHNICAL ApPROACH AND PROJECT WORK PLAN
Work Phases
1. Consultation! project initiation
2. Data collection/ field verification of road centerline, road names and address points
3. Processing of field data and creation of road centerline
4. Centerline and address finalization
Project Management Methods
DDTI utilizes standard continuous improvement project management methods to insure that we
deliver a quality project on time and within budget that will meet and exceed City of Boynton
Beach's specifications.
Roles and Responsibilities
Our role as the contractor is to ensure that we deliver a high quality project that meets and typically
exceeds the expectations of City of Boynton Beach's specifications. In order for us to achieve this
we will need one designated point person assigned by City of Boynton Beach as a primary point of
contact. We will also have a project manager assigned by DDTI as our primary point of contact.
The City of Boynton Beach primary point of contact will help us in answering questions that pertain
to the project and point us in the direction of whom to talk to in order to obtain information
pertaining to fulfilling a task DDTI needs to complete. For example: We will need to have City of
Boynton Beach coordinate obtaining the various 9-1-1 All databases. The primary contact can
6
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
either obtain the databases for us or he/she can let us know whom we should contact at the City of
Boynton Beach 9-1-1 facility to obtain the All database. We will also need the primary contact to
approve submitted deliverables and invoices coinciding with submitted deliverables.
Project Tracking and Reporting
DDTI will submit via e-mail, every Monday throughout the project, to the City of Boynton Beach
primary contact person a report of data collected. DDTI will also submit via Gantt chart the project
phase status in relation to accomplishment of each phase.
Creating the Intelligent Base map
Field Data Collection
The field data collection will be accomplished by using state-of-the-art, GPS-based, custom
developed software and hardware solutions. Three or more dual frequency, geodetic level, GPS
base stations will simultaneously collect data during the field operation along with additional
receivers located in DDTI's vehicles. The base stations will utilize a small control network that will
be established in order to minimize base line lengths during the kinematic surveys. The points that
establish this network will be placed at secured reference locations jointly selected by the City and
DDTI (typically at township houses).
DOTI will then drive along all public roadways (kinematic survey) in City of Boynton Beach (with
such roadway information being provided by the City or from some other source as specified by the
City) with a vehicle equipped with computers, proprietary VIROA software and a dual frequency
GPS receiver combined with distance measuring instrumentation (OMI). This instrumentation
allows field data collectors to identify, record, and accurately locate any physical entity visible from
the roadway. Post processing of the field data will be conducted to verify the geographic
placement of each entity and address location.
Ouring all kinematic surveys, at least three base stations will be occupied. The GPS data will be
post processed (PPK). No real time correction (RTK) will be utilized since PPK does not restrict
the baseline length to radio link distance limits and is more robust and more accurate considering
base line lengths. This is due to the nature of the algorithms used (if any questions, please ask).
A real time correction service will not be used since this process degrades the accuracy of the
collected data significantly. This is due to the assumptions made by these algorithms (any
questions, please ask). After the trajectories have been processed, the two or more solutions will
be compared to find the 'best' solution. If necessary, solutions will be combined via least squares
to produce an optimal solution.
Data Reduction Process
The following steps will occur during the data reduction process:
- Data will be downloaded on a daily basis and transferred to long-term storage media.
- The field collection vehicle's location will be determined by processing on-board GPS data
and data from both GPS base stations. The resultant positions will be updated by refining
the results with additional collected data.
- Centerline coverage will be interpolated from the GPS point coverage and converted into
any standard GIS format to enable routing applications.
7
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
- Road segments with multiple road names, with such information being provided by the
City, will be added to the network.
- Addressing information will be combined with the road network.
- Collected features will be integrated in the same coordinate system as the road network.
Centerline Creation
The centerline will be created from the combination of GPS, inertial navigation system and distance
measuring instrumentation along with any descriptive voice data, such as offset information, that
was simultaneously collected. Offsets are used since it is usually not possible to occupy the
centerline on a road without causing serious danger to both the field crew and the general public.
The centerline that will be created will reflect the middle of the pavement and will closely model the
actual division of traffic by omitting small deviations caused by right turn lanes, etc. If a divider
barrier separates the two directions of travel, then two centerlines will be established.
The centerline creation goes through several steps that will both define the centerline and reduce
the number of points that are necessary to accurately represent that centerline. First, the collected
GPS coverage is limited to the range that is in interest. Second, any deviations from that centerline
will be excluded (for example, we pull off to the side of the road after driving through tree canopy to
establish a better solution and this diversion should not appear in the delivered centerline). Third,
these points are processed using robust and proprietary OOTI software programs that combine the
various sensors, GPS, inertial navigation and distance measuring instrumentation to define the
centerline. From this, we calculate a centerline point every five meters and its tangent. Next, if an
offset was used to observe the road, the correction will be applied using both the offset and the
tangent. Also at this time, if trees or other obstructions degraded the centerline, auxiliary
information will be utilized (for example, orthophotography photos). The final steps are to compute
the mileposts and log points for the centerlines and all collected features using additional
proprietary software and the creation of the road centerlines from these points.
Reduction and Displaying of Centerline Data
The reduction sequence in the number of points is important due to the limitation in speed and
capacity of software that will be used to view the data. After processing, the number of points will
be approximately 2 million for 1,272 miles. After exclusion and -reduction., the number of
centerline points is about 700,000 points. To help lighten the burden on GIS software, a
generalization of the centerlines is performed using OOT/'s proprietary software that will
approximate a 5-meter point sampling.
Address capture locations
Addresses for habitable structures are captured in the field. OOTI then uses its proprietary
software to project addresses within a certain tolerance (typically 15 meters) to the finished
centerlines. The points are then reprojected equidistantly (10 meters within a municipality and 15
meters outside of municipal areas) off from the centerlines to their corresponding side of the road.
Every attempt is made to capture the addresses at the access point. Where common driveways
with multiple addresses exist, individual address points are created at the access point. For
multiple story structures, apartment buildings, strip malls, etc. the address is typically located at the
structure entrance. Mobile home parks will have an address at the entrance to the park, as well as
individual addresses at each trailer location.
8
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
Feature Inventories and Road Attributes
DDTI can capture locations of features during the field data collection process. Typical features
will include as many culverts, bridges and railroad crossings as are practicable to identify in the
field. This information is important for routing applications, since these are the features whose
replacement will close a road. Additional features will be collected when possible and include: fire
hydrants, alley intersections, political boundaries, landmarks, turnarounds, speed limits, traffic
control (stop signs, yield signs and signals), one ways and school zones. Information of this nature
will be provided to the City for no additional fee. However, DDTI cannot assume responsibility for
the completeness of this data set, as not all assets are readily visible (culverts, for example). The
main goal in' collecting these' additional features and attributes is to help with future routing
applications.
Meta Data
DDTI will attach both a source coordinate (datum, projection, and units) and an accuracy estimate
(as determined by the GPS data reduction software) to every delivered point that defines the road
centerline. This will also include the methodology that was used in the establishment of that point.
DDTI's current Standards Document for the road centerlines and addresses is included for
reference as an attachment to this RFQ response.
Final Projection
The final coordinates for the project can be delivered in a system as defined by the City. This
includes projection, datums and units.
QUALITY CONTROL PROCEDURES (DATA ACCURACY AND QUALITY ASSURANCE MEASURES)
Addresses
99% of all field-visible addresses will be geo-referenced and integrated into the base map
(consideration is given to the fact that some addresses will be illegible, have worn painting, are
incomplete or contradictory). For those structures that do not have a posted address, existing
source documents are used to populate the database with the appropriate address. These
structures are easily identifiable as DDTI codes each structure to indicate whether or not its
address was field-visible.
The individual address number values are used to compute an address range using DDTI's
proprietary address range program. The program also tags those numbers that do not fit
reasonably well with addresses in proximity to the anomalous number, This number is then
checked by DDTI for accuracy, and if it is believed to be a true, posted address, it is reported to the
City as an anomaly.
DDTI also codes each address with a structure type as indicated in the database design. A
software program also checks the values for the structure types, so that no address has a structure
type value that is not in the list.
9
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Centerlines
The roadway centerline network, where adequate GPS data acquisition is possible, will be
accurate to two (2) sigma (95%) standard for circular error of precision for the x and y coordinates
to one meter. The centerline files are compiled to meet the National Standard for Spatial Data
Accuracy as defined by the Federal Geographic Data Committee regarding geospatial positioning
. accuracy standards.
The accuracy of gps, even when augmented with supplemental advanced navigation equipment,
has its limitations. OOTI has developed adjustment techniques to make sure that the centerline
matches the orthophoto for those areas where gps signals might be extremely poor. As previously
mentioned, OOTI provides an accuracy estimate for every delivered point that defines the road
centerline and' includes the methodology that was used in the establishment of that point.
For quality control (QC) purposes, points will be established from the control network or suitable
City control will be used (transformation of the coordinates might be necessary). A sufficient
sample of comparison measurements will be conducted for quality control.
Based on previous experience, OOTl readily obtains or exceeds the 1-meter target acceptance
criteria as demonstrated in the following quality control report for Preble County. The report clearly
indicates that the majority of OOTl's road centerline points were within one-meter accuracy relative
to the quality control points and gps post processing software determination of quality.
All database update
OOTI has worked with every major 9-1-1 Telco provider in the US and in our experience the typical
procedure is to provide an updated All discrepancy report analyzing the field verified road names
and addresses that are not matching the various 9-1-1 Telco's All database. This report will
enable the various 9-1-1 Telco providers to update their respective All database.
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City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
GENERAL DATA FLOW CHART
NOTE: There are numerous proprietary procedures and software programs that aid in most of the
outlined steps above that are not included in this public document. Further details of these
procedures and software may be made available upon request and if a confidentiality agreement is
in place.
13
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
DATA MAINTENANCE
Software for maintaining deliverables
DDTI will provide a software application, Data Editor Lite, which will allow the City to maintain all of
the data in the deliverable. The software is a single user shapefile editor designed specifically for
maintaining street and address data sets. Features of the software include:
- Automatic address assignment procedures uses a combination of address ranges and
existing addresses to generate new house numbers.
ire _
- Digitizing of new features.
- Import of GPS data that can be used as a backdrop or snap layer when adding new
features.
- Query and selection tools.
- Standard GIS tools, including zoom in, zoom out and pan.
- Ability to publish the data to the DDTI Web Update servers for data distribution (monthly
fee required for this optional service).
- Automated LBRS service. After data has been published to the DDTI Web Update servers
it can be run through LBRS routines that generates State required data attributes and
verifies data integrity (monthly fee required for this optional service). After the data has
14
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
been LBRS verified it will be available for distribution via the DDTI Web Update service.
Online reports will be made available to inform the City of any problems found in the data.
DDTI has also developed a multi user internet based LBRS maintenance application. More details
of this service are available upon request.
15
City of Boynlon Beach, Fl- GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-D6/CJD)
DDTI CENTERLINE & ADDRESS DATABASE DESIGN
If selected, OOTl will provide its entire database design. As it is currently more than 50 pages in
length, only the centerlines and addresses are included in this response. Upon selection, the
entire document will be made available for review.
Road Centerlines
The Road Centerlines layer contains all streets regardless of road type. This layer is designed for
both map display and for network routing. Address ranges for each segment may also be used for
geocoding.
The Road Centerlines layer is stored in the following shapefiles:
RoadCenterlines_ft.shp
RoadCenterlines_m.shp
US Feet
Meters
The Streets shapefile contains the following attribute data:
Field Name Data Type Description
CLPROCIO Numeric , Reserved
ROADIO Numeric Reserved
FIPSCOOE Numeric State and county identifier that the link falls in
ROADTYPE Text The type of road
'P' - Private
'M' - Municipal
T - Township
'C' - County
'U' - US Highway
's' - State Route
'I' - Interstate
ROADNUMBER Text The number of the road, where appropriate. For
example, Interstate 75 would have a road
number of 75, and County Road 23 would have a
road number of 23
16
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name
Data Type
Description
PREFIX
Text
The primary street name prefix,
such as 'N', 'E', 'S' or 'W'
NAME
Text
The primary street name
TYPE
Text
The primary street name type,
such as 'RD', 'ST' or 'BLVD'
SUFFIX Text
SUFFIX2 Text
MUNI Text
AL TPREFIX Text
AL TNAME Text
ALTTYPE Text
AL TSUFFIX Text
AL TSUFFIX2 Text
SUBDIV Text
EDIT Text
The primary street suffix
The primary street suffix2
City name the street is located in
The alternate street name prefix
The alternate street name
The alternate street name type
The alternate street suffix
The alternate street suffix2
Subdivision name
Road name has been edited from
original source documents
FIELDNOTE
Text
Field notes recorded by
GPS field technicians
DIR
Text
Direction of travel
'B' - Both
'T' - One-way from the To node
'F' - One-way from the From
node
SPEEDLlMIT
DIV _CODE
Numeric
The posted speed limit for the segment
Text
The divider type, if any
'Y' - Divided
'N' - Not divided
17
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name Data Type Description
LANES Numeric Number of lanes Default 2
RAMPCODE Text Indicates if link is a ramp
'Y' - Link is a ramp
'N' - Link is not a ramp
LSN Text Long street name
ALSN Text Alternate long street name
PAVEMENT Text Pavement type
'P' - Paved
'U' - Unpaved
LEFTFROM Numeric Address range left side at the start node
LEmO Numeric Address range left side at the end node
RIGHTFROM Numeric Address range right side at the start node
RIGHTTO Numeric Address range right side at the end node
UNKLEFT Numeric Number of structures on the left side that
did not have a visible address
UNKRIGHT Numeric Number of structures on the right side
that did not have a visible address
SEGLENGTH Numeric Length of link in map units
AUTOID Numeric Reserved
SHIELD Text Shield description field
STATE Text State
18
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name
Data Type
Description
COUNTY
Text
3 letter County Code
INDOT REF
Text
OriginallNDOT Identifier
INDOT REF
Text
New INDOT Identifier
DOTMPBEG Numeric DOT MP value for Beginning of Segment
If not found -1000000
OOTMPEND Numeric DOT MP value for End of Segment
If not found -1000000
DDTIMPBEG Numeric DOTI MP value for Beginning of Segment
DDTIMPEND Numeric ODTI MP value for End of Segment
LEN3D Numeric Length of Segment in 3d
In Units of the Shapefile
CARDINAL Numeric 1 = cardinal segment
2 = noncardinal segment
Date_surv Text date ofcenterJine collection
19
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Addresses
The Addresses layer contains all addressable structures. This layer contains a point based
geometry. Each point represents one address, and are typically located at the structures driveway.
This layer can be used to find accurate address locations without resorting to lower accuracy
methods such as geocoding.
The Addresses layer is stored in the following shapefiles:
Addresses_ft.shp
Addresses_m.shp
US Feet
Meters
The Addresses shapefile contains the following attribute data:
Field Name Data Type Description
FEA TUREID Numeric Reserved
RECORDTYPE Numeric Reserved
ROADID Numeric Reserved
ROADTYPE Text The type of road the address is on
'P' - Private
'M' - Municipal
'T' - Township
'C' -'- County
'U' - US Highway
'S' - State Route
'I' -Interstate
ROADNUMBER Text The number of the road the address is
on, where appropriate. For example,
Interstate 75 would have a road number
of 75, and County Road 23 would have a
road number of 23
HOUSENUM Numeric Address house number
20
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name
Data Type
Description
UNITNUM
Text
Address house/lot/unit number
PREFIX
Text
Address street name prefix
NAME
Text
Address street name
TYPE
Text
Address street name type,
such as 'RD', 'ST' or 'BLVD'
SUFFIX
Text
Address street suffix, such as
'N', 'E', IS' or 'W'
SUFFIX2 Text
MUNI Text
AL TPREFIX Text
AL TNAME Text
ALTTYPE Text
AL TSUFFIX Text
AL TSUFFIX2 Text
SUBDIV Text
SIDE Numeric
Quadrant Suffix
City name the address is located in
Alternate address street name prefix
Alternate address street name
Alternate address street name
type, such as 'RD', 'ST' or'BL VD'
Alternate address street suffix,
such as 'N', 'E', 'S' or 'W'
Quadrant Suffix
Subdivision name, if available
Side of the road: RESERVED
o : Left 1: Right
ABSSIDE
Text
Side of the road: N, E, S, W
STRUC_TYPE
Numeric
Type of structure
'1' - House
'2' - Duplex or multi unit
'3' - Trailer
'4' - Apartment
'5' - Secondary structure
'6' - Utility
'7' - Commercial
'8' - Driveway
21
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name Data Type Description
SOURCE Numeric Address data collection source
'0' - Field verified
'1' - Not field verified
INVERSE Text Reserved
COMMENT Text Field comment about the
structure
COORDINATE Numeric ID of the projection
DGPSX Numeric . GPS X coordinate of address in
map units
DGPSY Numeric GPS Y coordinate of address in
map units
DGPSZ Numeric GPS Z elevation of address in map units
DGPSQUALlT Numeric GPS quality factor
'1' - Best
'6' - Worst
F/ELDNOTE Text Field notes recorded by GPS field
technicians
EDIT Text Road name has been edited from
original source documents
DATE Text DatelTime GPS was collected for
this address
GPSSECOND Numeric GPS second when address was
colleCted
VAN Numeric Reserved
SESSION Numeric Reserved
LSN Text Full address
ALSN Text Alternate full address
22
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Field Name Data Type Description
LHN Text Contains House number and Unit
Number. Used for display in
AccuGlobe E9-1-1
County Text 3 letter county code
State Text' 2 letter Postal code
Nlfid
Text
Nlfid for Road
Ddtimpval
Double
Mp value for point
See Appendix A
PHONE1
Text
Contact Phone number
(for use in Reverse 9-1-1 )
PHONE2
Text
Contact Phone number
(for use in Reverse 9-1-1)
PHONE3
Text
Contact Phone number
(for use in Reverse 9-1-1)
CONFIDENTIAL INFORMATION
Milepost and Logpoint Calculations
DOT! uses the information collected using our mobile data collection system to compute the
milepost with proprietary in-house software. Since this is a public. document, DDTI will explain in
detail the methodology we have developed to the City, once a non-disclosure is in place. DDTl's
data has been approved and accepted by various DOTs, so the City can be assured that our
approach to computing this information is acceptable.
23
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
4. Qualifications and Experience of the Firm
COMPANY LOCATION
Digital Data Technologies, Inc. (DDT/), has new facilities located at 956 King Avenue, Columbus,
Ohio 43212. Bruce H. D'Autremont is the primary contact; Tony Collura is the primary project
manager for this project, as all data reduction work for the City of Boynton Beach, FL, project will
be completed out of this office. Mark Wilcoxen will be in charge of quality assurance. Dr. Gabor
Blaho will be in charge of project-specific custom software development (if needed), and all DDTI
associates will be involved with the project.
Start End Task May June July Aug
5/1712006 513012006
6/112006 6/812006
61112006 6/1512006
7/112006 713012006
7/112006 8/1512006
8/1512006 813012006 Centerlines and addresses finalized for 9-1-1
813012006 813012006
The company can be reached at the following numbers:
Phone: (614) 429-3384
Fax: , (614) 429-3385
Toll Free: 1-888-800-4003
Web: www.ddtLnet or www.AccuG/obe.net
PROJECT DURATION
PROFESSIONAL 8T AFF
GABOR BLAHO, Ph.D. - Partner
Education
Technical University of Budapest - Hungary
M.S. in Electrical Engineering, 1976
Technical University of Budapest - Hungary
Ph.D. in Microprocessor Technology, 1981
24
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Maior Proiect Experience
Dr. Blaho has over two decades of experience in the design and development of computer
controlled instrumentation, as well as in software development. He previously had spent three
years developing a stereo image acquisition system for mobile mapping applications and
developing software for mapping specific data processing. The last three and one-half years,
Dr. Blaho developed and refined the new DDTI data collection system.
Other Experience and Qualifications
Invented and implemented a novel ultrasonic slow-wave imaging system. Participated in the
development of optical pipeline corrosion for the Edison Welding Institute, Columbus, Ohio.
Designed and developed a high-resolution ultrasonic C-scan imaging system and an industrial
ultrasonic flaw detector. Improved a laser interferometer for ultrasonic detection on moving,
rough and discolored surfaces. Developed simulation software for wave scattering on rough
interfaces.
Sianificant P~blications
"Field Experiences with a Fully Digital Mobile Stereo Image Acquisition System." Proceedings
of the 1995 Mobile Mapping Symposium, May 1995, pp. 97-104.
"Improved Laser Interferometry for Ultrasonic NDE." Review of Progress in Quantitative NDE,
Vol. 12A, pp. 527-538.
"Eddy Current Evaluation of Porous Magnesium Alloy Castings." Review of Progress in
Quantitative Nondestructive Evaluation Vol. 12B, pp. 1667-1673.
"Random Speckle Modulation Technique for Laser Interferometry." Journal of Nondestructive
Evaluation, Vol. 11, No.1, pp. 41-49.
RON CRAMER - Partner
Education:
Eastern Michigan University - Ypsilanti, MI
BA in General Business, 1989
Michigan Technological University - Houghton, MI
Emphasis in Computer Science and Civil Engineering, 1986
Additional Trainina:
Cartegraph Systems, Inc. asset management software training, 1998
National Intelligent Transportation System Architecture Workshop, 1996
Basic Supervision, American Management Association, 1995
Advances in Surveying and Mapping: Integrating GPS with GIS, 1990
Other Experience and Qualifications:
Mr. Cramer has more than 17 years of experience in GIS, While with the Lietz Company (n.k.a.
Sokkia), Mr. Cramer participated in product development of the company's SDR electronic data
25
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
recording system and associated mapping software. He also developed an objective-based
training program and managed a total of 35 distributors of surveying equipment while providing
extensive training and support to federal, state, city/county government agencies, universities,
and private industry throughout the United States.
Under his guidance, Digital Data Technologies was the first known company to use close
range photogrammetry for 3-dimensional modeling of bridges in Ohio. In 1995, Mr. Cramer
coordinated and performed the first digital photogrammetric bridge monitoring survey in the
United States with Imetric International of Courgenay, Switzerland. Featured articles appeared
in: The Ohio Enaineer, Roads & Bridaes, Illinois Enaineer, Michiaan Enaineer, P.O.B. and
Photo Electronic Imaaing.
Mr. Cramer is actively involved-in intelligent transportation systems and was nominated and
appointed to the ITS Mid-America Executive Committee for the years 1997 to 2003. He has
been a guest speaker at numerous conferences discussing topics related to GIS, emergency
response location mapping, and transportation engineering~ Mr. Cramer was the
last Conference Chair of URISA's Street Smart & Address Savvy Conference, which is now
known as the Geospatial Integration for Public Safety Conference (GIPSC). Mr. Cramer is a
member of the Urban and Regional Infonnation Systems Association (URISA), and the
National Emergency Number Association (NENA) and has affiliations with numerous
organizations.
CHRIS SANTER - Partner
Education:
University of Toledo - Toledo, Ohio
MA Candidate in Geography, 1994-95
University of Glasgow - Glasgow, Scotland, United Kingdom
Bachelor of Science (Honors) Upper Second Class in Geography, 1994
Maior Proiect Experience and Qualifications:
Mr. Santer was a GIS programmer for Lucas County, Ohio, for four years where he developed
the enterprise-wide GIS solution for Lucas County, including the multiple award winning AREIS
products (Internal Public Access, ARE IS CD-ROM Viewer, and AREIS Online Internet GIS).
His tremendous programming skills allowed him to develop numerous CAMA and GIS
applications with DDTI, including development of the entire AccuGlobe product line.
MARK WILCOXEN - Partner
Education:
The Ohio State University - Columbus, Ohio
B.S. in Mathematics, 1991
Graduate course work in Geodesy, 1994-95
Experience:
Mr. Wilcoxen is responsible for Data Creation and Maintenance production. He has extensive
26
vllY OT t)oynton Beach, t-L - GI-'::> Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
experience in the collection and processing of multi-sensor location data. In coordination with
DDTI's developers, Mr. Wilcoxen helps design and implement internal software and processes.
BRIAN KIENLE - Product Implementation and Support Manager
Experience:
Digital Data Technologies, Inc., GIS/GPS Analyst - 3 years
Digital Data Technologies, Inc., Project Manager - 3 years
Education:
Hocking College - Nelsonville, Ohio
Associates degree in Geographic (GIS/GPS) Technology, 2000
Franklin University - Columbus, Ohio
Bachelor of Science in Business Administration, 2005
Maior Proiect Exoerience and Qualifications:
Data Collection: Mr. Kienle has experience from numerous mapping and network control
projects through Hocking College. With DDTI, Mr. Kienle has processed data for over 25
countywide centerline and address mapping projects including the Meceola Central Dispatch
mapping project, as well as Madison, Allen, Fulton, Erie, Wyandot, Hancock, Marshall,
Hocking, Ross and Logan County projects. Mr, Kienle was also the Project Manager for over
10 countywide centerline and addressing projects including Erie, Wyandot, Hancock, Clark,
and Huron County projects. Through these projects he has played an integral role in GPS raw
data differential post-processing. Mr. Kienle has currently processed in excess of 10,000 miles
of kinematic data and more than 300 static control points with proficiency in several projection
types and data formats.
Product Implementation and Support: Mr. Kienle has installed hardware and software in over
10 PSAPs, including Clark County Sheriffs office, Huron County Sheriffs and EMA office, Mt.
Gilead Sheriffs Office and Bellevue Police Department. He has been the main contact for
support for these and other install locations. Mr. Kienle has also installed and supported over
50 mobile installs, including several PSAPs in Huron County,
TONY COLLURA -GIS/GPS Analyst
Experience:
Digital Data Technologies, Inc., Project Manager - 1 year
Digital Data Technologies, Inc., GIS/GPS Analyst - 5 years
Education:
The Ohio State University - Columbus, Ohio
Bachelor of Arts, Urban and Regional Geography, 2000
Maior Proiect Experience and Qualifications:
Mr. Collura is a veteran member of the DDTI Data Collection and Production Team. He has
contributed to over 30 GIS Mapping Projects. He has assisted in the development of methods
27
t;ity of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 ()'{)6/CJD)
and standards for data collection. Mr. Collura is well versed in GPS processing, netwoli<
adjustment, and data reduction. He has been with DDTI since 2000 and his experience has
prepared him to be an effective project manager.
DAVID CORDRAY - GIS/GPS Analyst
Experience:
Digital Data Technologies, Inc., GIS/GPS Analyst - 5 years
Education:
Hocking College - Nelsonville, Ohio
Associates degree in Geographic (GIS/GPS) Technology, 2001
Maior Proiect Experience and Qualifications:
Mr. Cordray is a well-versed veteran in GPS processing, netwoli< adjustment, and data reduction.
He was an instrumental member of the Allen, Fulton, Erie, Wyandot, Hancock, Marshall (IN),
Hocking, Ross, Logan and Stali< counties' project teams, as well as Arizona's Gila River Indian
Reservation project. Prior to joining DDTI, Mr. Cordray gained extensive experience in the use of
GIS software applications and GPS equipment through Hocking College.
CHRISTOPHER BENDER - GIS/GPS Analyst
Experience:
Digital Data Technologies, Inc., Field Crew Manager - 2 years
Digital Data Technologies, Inc., GIS/GPS Analyst - 4.5 years
Education:
Hocking College - Nelsonville, OH
Associates Degree in Applied Sciences of GIS/GPS, 2001
Other Experience:
While enrolled at Hocking College, Mr. Bender updated trail maps in Clermont County's East
Fork State Park.
Maior Proiect Experience and Qualifications:
Mr. Bender has participated in fieldwork and data process of 25 projects, including the 2002 Gila
Indian Reservation Mapping Project.
JEREMY KOUNTZ - G'S/GPS Analyst
Experience:
Digital Data Technologies, Inc., GIS/GPS Analyst - 3 years
Transmap Corporation, GIS GPS Analyst - 5 years
Education:
Ohio Wesleyan University - Delaware, OH
28
lAlY or tioynton Beach, F-L -liPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Bachelor of Arts, Geography and Environmental Studies 1998
Maior Proiect Experience and Qualifications:
Mr. Kountz has over 8 years experience in the GIS/GPS field, Throughout his career he has
processed thousands of miles of GIS/GPS data, and has been involved in data collection and data
processing on several projects for DOT/.
MITCH PINKSTON - GIS/GPS Analyst
Experience:
Digital Data Technologies, Inc., GIS/GPS Analyst - 3 years
Education:
Bachelor of Arts- Geography - Bowling Green State University 2003
Maior Proiect Exoerience & Qualifications:
Mr. Pinkston's experience has touched nearly every project since his joining the company,
including Fairfield, Meceola (MI), Ottawa, Putnam, Muskingum, Van Wert, Paulding, Huron,
Wayne, Holmes, Morrow, Clark, Missaukee (MI), Ross, Fayette, Crawford, Carlisle Barracks
(PA), Allen and Hardin counties.
DAVID PRIEST - AccuGlobe Product Manager
Exoerience:
Digital Data Technologies Inc., AccuGlobe Product Manager - 1.5 years
Digital Data Technologies Inc., AccuGlobe Data Explorer Extension Product Manager -1 year
Digital Data Technologies Inc., Software Developer - .5 years
CallTech, Support Specialist -.5 years
Hyperknowledge, UK, Software Developer - 2 years
Education:
University of Warwick, UK
Bachelor of Science with honors, Computer Science, 1999
Maior Proiect Experience and Qualifications:
An integral role at DDTI, Mr. Priest actively participated in the development and support of:
AccuGlobe 2004 (including the Web Updater)
AccuGlobe 2004 Board of Elections Extension
AccuGlobe 2004 Data Explorer Extension
AccuGlobe 2004 E9-1-1 and E9-1-1 Mobile Extensions
AccuGlobe 2004 Van Extension used for road centerline collection
AccuGlobe 2004 Processing Extension used for centerline processing
He has performed onsite installations of hardware/software and offered training for Erie,
Fairfield, Holmes, Huron, Miami, Morrow, Muskingum, Ottawa, Richland, Ross, Washington
and Wyandot counties.
29
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
He is currently developing the next generation AccuGlobe platform: AccuGlobe Map Control,
AccuGlobe 2006, Extensions and Plug ins.
JIANWEI SUN - Software Developer
Exoerience:
Digital Data Technologies Inc., Software Developer - 5 years
Education:
Bowling Green state University
Master of Science, Computer Science, 2001
Nanjing University
Bachelor of Science, Geographic Information Systems and Remote Sensing
Certifications:
Microsoft Certified Developer in Visual C++ and C#
Maior Proiect Exoerience & Qualifications:
Mr. Sun has been actively developing and supporting numerous products:
AccuGlobe E9-1-1 Server
AccuGlobe Geometry Engine Library
AccuGlobe Coordinate Transfer Library
AccuGlobe GeoCoder Library
AccuGlobe Legend Control
Sketch Component
iView Farmland Calculator
Miscellaneous utilities for file conversion, address cleaning, etc.
Prior to joining DDTI, his experience at MicroData garnered the development and support of
All Tracker E9-1~1 program. While in school at Bowling Green State University, Mr. Sun was
employed in the school's GIS lab to provide hardware and software support.
TYSON TROTTER - Web Systems Engineer
Exoerience:
Digital Data Technologies, Inc., Web Systems Engineer - 4 years
XBOT, Web Developer - 2 years
Education:
Butler University - Indianapolis, IN
Bachelor of Science, Physics, 2000
Certifications:
MCSD (Microsoft Certified Solution Developer)
MCAD (Microsoft Certified Application Developer)
MCP (Microsoft Certified Professional)
Comp TIA Security+
30
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
Maior Proiect Experience and Qualifications:
Mr. Trotter has been developing database-driven web applications since 2000, and has
achieved several professional development certifications, including Microsoft's flagship
certification for developers, the Microsoft Certified Solution Developer for .NET credential. He
has also achieved CompTIA's Security+ certification.
Mr. Trotters focus has been the ongoing development and administration of nail things web" at
DDTI. That includes new web product development, existing web product support, and
network security & administration. His extensive experience in database development and UI
design has been leveraged for several internal development projects as well.
TIM ANDERSON -GIS Specialist
Experience:
Digital Data Technologies, Inc., GIS Specialist - 4 years
City of Nelsonville Internship - Developed base level maps and collected layers for the water
and sewer department
Education:
Hocking College - Nelsonville, OH
Associates degree in GIS and GPS technologies
Maior Proiect Experience and Qualifications:
Mr. Anderson is currently supporting DDTl's Data Maintenance clients. This involves training,
support and map data layer updates for county and municipal entities to meet the Location
Based Response System (LBRS) specifications for the State of Ohio. Mr. Anderson is also
involved in supporting AccuGlobe E911 Extension clients.
Mr. Anderson has actively participated in the entirety of numerous DDTI centerline and
addressing projects, including Allen, Clark, Crawford, Fairfield, Fayette, Holmes, Huron,
MecostalOsceola (MI), Missaukee (MI), Morrow, Muskingum, Ottawa, Paulding, Putnam,
Stark, Van Wert, Wayne, Ross and Whitley (IN) Counties.
DON MORGAN - GIS Specialist
Experience:
Digital Data Technologies, Inc., GIS Specialist - 3 years ,
National Emergency Number Association, Internship - NENAlDOT Wireless Implementation
Profile - 1 year
Education:
The Ohio State University - Columbus, OH
Bachelor of Science, Geography specializing in Geographical Information Systems, 2002
31
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Maior Proiect Experience and Qualifications:
Mr. Morgan is currently supporting DDT/'s Data Maintenance clients. This involves training,
support and map data layer updates for county and municipal entities to meet the Location
Based Response System (LBRS) specifications for the State of Ohio. Mr. Morgan is also
involved in supporting AccuGlobe E9-1-1 Extension clients.
Mr. Morgan has actively participated in the entirety of numerous DDTI centerline and
addressing projects, including Allen, Clark, Crawford, Fairfield, Fayette, Holmes, Huron,
MecostalOsceola (MI), Missaukee (M/), Morrow, Muskingum, Ottawa, Paulding, Putnam,
Stark, Van Wert, Wayne and Whitley (IN) counties.
CENTERLINE QUALIFICATION AND DDTI STREET EXPERIENCE
Most GIS implementations for local governments have three important elements that are identified
as common base map requirements. These layers are the real property cadastral layer, intelligent
road networks with field-verified addressing, and digital orthophotography. The order and
methodology by which these data are acquired and incorporated into a GIS directly affect a county
or city's return on investment (ROI). Traditional approaches delay ROI two to five years depending
on the scope and magnitude of the project. In many cases this may be too long and too expensive
to justify implementation of a GIS. DOTI provides a process that has realized an ROI in as little as
3 months. City of Boynton Beach could have an enterprise-wide system up and running using the
DOTI quick start methodology before another city, utilizing the traditional approach, had produced a
single functional element from its system.
OOTI's ability to be a technical resource, process facilitator, and systems integrator appears to be
unique in the industry. ODTI's experience has shown that the VIRDA (Voice and Information
Recording Data Acquisition) centerline data collection technology provides the most accurate,
useful centerline networks in the shortest amount of time and at the lowest cost. Intelligent, three-
dimensional road centerlines with accurate address locations provide an excellent means by which
to integrate data from legacy systems. ODTI's ability to work with orthophotography and cadastral
conversion vendors provides the City with a fully integrated system, irrespective of vendor or
software. The ability to provide Intranet, Internet, or CO-ROM-based access puts data in the hands
of the users almost immediately after it has been gathered and verified.
RECENT STREET CENTERLINE Proiect EXPERIENCE
DOTI has completed projects similar in scope to City of Boynton Beach's, including Preble, Wood,
Warren, Richland, Madison,' Muskingum, Clark, Paulding, Putnam, Fayette, Fulton, Erie, Wyandot,
Hancock, Hocking, Logan, Stark, Fairfield, Van Wert, Ottawa and Crawford counties in Ohio. The
company has also delivered projects for Allen, Marshall and Whitley Counties in Indiana, the Public
, Safety Communications Task Force of the Gila River Indian Community in Arizona, Missaukee, MI,
and Meceola Central Dispatch covering two counties in Michigan. The end result has been the
most accurate three-dimensionally based centerlines in North America, coupled with gee-located
addressing.
32
City of Boynton Beach, FL - GPS Road Centertine Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
ALL INCLUSIVE GIS PROJECT REFERENCES
Customer Name and Locaton Contact Personnel on Project Description
Project
Preble County Sean Maggard Ron Cramer 1,028 miles of road centerline
101 East Main Street Tax Map/GIS Supervisor Mark Wilcoxen mapping, addressing inventory
Eaton, OH 45320 (937) 456-8131 Gabor Blaho and imaging of 18,179
Chris Santer structures, orthophoto control
network.
Wood County Doug Burk All of the Above 2,073 miles of road centerline
1 Courthouse Square GIS Manager mapping, addressing inventory for
P.O. Box 368 (419) 354-2958 42,292 structures.
Bowling Green, OH 43402
Warren County Nick Nelson All of the Above & 1,456 Miles of road centerline
320 E. Silver Street County Auditor Brian Kienle mapping, address invenotry for
Lebanon, OH 45036 (513) 695-1239 57,733 structures.
Richland County John T. Adams All of the Above & 1,666 miles of road centerline
35 N. Park St. Planner Tony Collura mapping, address inventory for
Suite 230 (419) 774-5968 49,927 structures.
Mansfield, OH 44902-1777
Madison County Jim Willimason All of the Above Centerline enhancement project,
1 North Main Street County Auditor addressing inventory and
London,OH 431404)047 (740) 852-9717 imaging of 14,562 structures.
Allen County Capt. Kathryn Stevens All of the Above & 3,086 miles of road centerline
1 East Main Street Allen Co. Sheriffs Dept. David Cordray mapping and addressing
Fort Wayne, IN 46802 Grants/Special Projects inventory for 134,705 structures.
(219) 449-7664
Fulton County Roger Freytag All of the Above & 1,083 miles of road centerline
9120 County Road 14 Director of GIS Chris Bender mapping and addressing
Wauseon, OH 43567-9669 (419) 335-3816 inventory for 17,451 structures.
Erie County Mark Wroblewski All of the Above 713 miles of road centerline
2700 Columbus Avenue GIS Manager mapping and addressing
Sandusky, OH 44870-5581 (419) 627-6647 inventory for 43,539 structures.
Wyandot County Jeff McClaine All of the Above 972 miles of road centerline
109 S. Sandusky St. County Auditor mapping and addressing inventory
Upper Sandusky, OH 43351 (419) 294-1531 inventory of 9,961 structures.
Hancock County Scott Hardin All of the Above 1,565 miles of road centerline
300 S. Main St. GIS Manager mapping and addressing
Findlay, OH 45840 (419) 424-7054 inventory of 29,777 structures.
Marshall County Shawnda Wenino All of the Above 1,300 miles of road centerline
112 W. Jefferson St. GIS Manager mapping and addressing
Plymouth, IN 46563 (574) 935-8548 inventory of 19,532 structures.
Hocking County Brent Runge All of the Above 906 miles of road centerline
52 E. Second St. Director, County 911 mapping and addressing inventory
Logan, OH 43138 (740) 385-3000 of 15,064 structures.
Ross County Greg Rouse All ofthe Above, 1,349 miles of road centerline
475 Western Avenue GIS Coordinator Tim Anderson mapping and addressing inventory
Chillicothe,OH 45601 (740) 772-4110 ext. 118 and Tyson Trotter of 32,357 structures.
Logan County Michael Yoder All of the Above 1,127 miles of road centerline
100 S. Mad River St. Auditor mapping and addressing inventory
Bellefontaine, OH 43311 (937) 599-7209 of 23,720 structures.
Stark County Honorable Brant Luther All of the Above 3,202 miles of road centerline
110 Central Plaza South County Auditor mapping, addressing inventory
Canton, OH 44702 (330) 451-7357 for 160,561 structures
33
City of Boynlon Beach. FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 Q-06/CJD)
All INCLUSIVE GIS PROJECT REFERENCES, CONTINUED
Customer Name and Locaton Contact Personnel on Project DescriptIon
Project
Gila River Indian Community Mark Openshaw All of the Above Public safety and customized
5002 N. Maricopa Rd. Assistant Fire Chief E9-1-1 mapping project of all
Chandler, AZ 85226 (520) 796-5911 structures and road centerlines
FaIrfield County Honorable Barbara Curtiss All of the Above 1,647 miles of road centerline
210 East Main Street County Auditor mapping, addressing inventory
Lancaster, OH 43130 (740)687-7028 for 55,030 structures
OriginalLBRS pilot project
Meceola Central Dispatch Laurie Smalla All of the Above 3,241 miles of road centerline
20701 Northland Drive Director mapping, addressing inventory
Paris, MI 49338 (231) 796-5765 for 26,154 structures
Van Wert County Kim Brandt All of the Above 1,142 miles of road centerline
113 N. Market St. 911 Coordinator mapping, addressing inventory for
Van Wert, OH 45891 (419) 238-3866 13,951 structures
Ottawa County Honorable Jo Ellen Regal All of the Above 945 miles of road centerline
315 Madison Street County Auditor mapping, addressing inventory for
Port Clinton, OH 43452 (419)734-6742 28,787 structures
Paulding County Bob IIer All of the Above 1,093 miles of road centerline
112 S. Williams St. 9-1-1 Coordinator mapping, addressing inventory for
Pauling, OH 45879 (419) 399-3791 9,621 structures
Putnam County Brad Brubaker All of the Above 1,330 miles of road centerline
1035 Heritage Trail 9-1-1 Coordinator mapping, addressing inventory for
Ottawa, OH 45875 (419) 523-3208 14,673 structures
Clark County Shane Gray All of the Above 1,508 miles of road centerline
31 N. limestone St. GIS/CAD Coordinator mapping, addressing inventory for
Springfield, OH 45501 (937) 327-6659
Fayette County Scott Cormany All of the Above 948 miles of road centerline
1415 U.S. 22 S.W., Suite 500 GIS Coordinator mapping, addressing inventory for
Washington Court House, OH 43160 (740) 636-0279 14,049 structures
Morrow County Rick Weaver All of the Above 1,129 miles of road centerline
47 E. Center St. 9-1-1 Coordinator mapping, addressing inventory for
Mt. Gilead, OH 43338 (419) 946-7727 16,204 structures
Muskingum County Bo Keck All of the Above 1,899 miles of road centerline
401 Main St. 9-1-1 Coordinator mapping, addressing inventory for
Zanesville, OH 43701 (740) 454-1911 39,596 structures
Holmes County Erik Parker All of the Above 1,099 miles of road centerline
75 East Clinton, Suite 107 GIS Director mapping, addressing inventory for
Millersburg, Ohio 44654 (330) 674-2083 14,897 structures
Wayne County Brian Hall All of the Above 1,795 miles of road centerline
428 W. liberty Street GIS Director mapping, addressIng inventory for
Wooster, OH 44691 (330) 287-5411 47,027 structures
Crawford County Tim Flock All of the Above 1059 miles of road centerline
112 E. Mansfield Street EMA Director mapping, addressing inventory for
Bucyrus, OH 44820 (419) 562-6009 21,150 structures
Huron County Bill Ommert All of the Above 1,221 miles of road centerline
255-8 Shady Lane Drive EMA Director mapping, addressing inventory for
Norwalk, OH 44857 (419) 663-5772 28,261 structures
Whitley County Scott Jones All of the Above 887 miles of road centerline
101 W. Market Street 911 Coordinator mapping, addressing inventory for
Columbia City, IN 46725 (260) 244-6410 14,481 structures
34
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Proiect Profile/Reference Form
We have decided to include all mapping projects completed by DDTI as listed on the
aforementioned pages. Each project consisted of the capture and processing of address locations
and road centerline information using DDTI's proprietary technology.
Notable projects include:
- Allen County, Indiana was the first county in the U.S. Phase I compliant with the FCC
mandate to locate 9-1-1 calls from cell phones. The project entailed working with the 2003
Indiana Law Officer of the Year, Captain Kathryn Stevens to create a countywide road
centerline base map with field-verified and gps-Iocated addresses, as well as providing E9-
1-1 mapping software for the dispatch. This project was featured at the Western Region
Association of Public-Safety Communications Officials (APCO) conference in Phoenix,
Arizona, the National Emergency Number Association's (NENA) GIS for the PSAP Critical
Issues Forum, as well as NENA's national conference in Indianapolis, Indiana.
- Preble and Madison Counties, which have recently received the Ohio GIS Best Practices
Award and have installed DDTI's AccuGlobe E9-1-1 dispatch mapping software.
- The Gila River Indian Community that was uniquely addressed for the new E9-1-1 system
(and subsequently featured at last year's National Emergency Number Association
Conference in Denver, Colorado, and URISA's Street Smart & Address Savvy Conference
in Providence, Rhode Island). This is the first PSAP in the country that will essentially not
rely upon an MSAG.
- Logan County's project, as it was the first in the State where the Telco's All database was
directly compared to the field-verified information captured by DOT!. This enabled a
proactive approach to ALl/MSAG/GIS discrepancies and assures that incoming 9-1-1 calls
will map properly. This project was highlighted at the 2004 NENA Conference in Tampa,
Florida.
- Fairfield County's project as the proof-of-concept pilot for the LBRS.
For the past three consecutive years, our clients have received the Ohio GIS Best Practice Award.
Namely, Preble, Madison and Logan Counties, as a result of our work associated with their
projects.
LIST OF DELlVERABLES
- Including all items listed in RFQ, sections F: Deliverable Products and H: Deliverables
Attribute existing road centerline file with required attributes (Line) (see attribute tables in
technical section of RFQ)
Update road centerline file indicating missing roads and required attributes (Line)
Structure/Site Addresses and required attributes (Point) (see attribute tables in technical
section of RFQ)
Mileposts and miles post values required attributes (Point)
Alias name table (Database)
Chemical Storage Facilities (Point) (City to provide information)
Cell towers (point)
Fire hydrants (points)
35
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
- Landmarks
- Signage related to routing
- Bridges and culverts
- ESN boundary maps (City to provide information)
- Existing database usability and update report
- Readdressing report
- Unnamed road report
- New address report
- Updated MSAG
- All database
- Maintenance procedures
- Training for maintenance procedures
SPECIFIC HIGHLIGHTS THAT DIFFERENTIATE OUR FIRM
The "Why?" of It All:
We developed this process because we understand the problems of GIS and 9-1-1. The problems
are accuracy, reliability and utility. The traditional data collection methods used today do not
posses the level of sophistication to produce data that is highly accurate for an event's location on
the earth and for the information that resides in the database (otherwise known as attribute
information). Without such accuracies, the consistency and reliability does not exist for 9-1-t
Without clean and complete data, the utility for GIS is poor because it cannot link to other
information - at all, or not without great labor and time.
Our response to these issues is centered in the belief and evidence that the address is the
fundamental core and universal link of a governmental GIS. Nearly 100% of governmental
databases utilize an c:iddress and therefore provide the key to unlocking the enormous power and
usefulness of GIS. Thus, we developed the technology to collect the locations of every address,
an intelligent road network, and road assets with the highest possible accuracy and extent.
Data to be collected for maximum utility throughout a local government, at cost levels that pale in
contrast with traditionally developed datasets, and with delivery timelines that are unheard of in this
industry.
Since then, whole new worlds of application have sought to obtain and utilize this data. The
loudest voice of all has been the emergency response sector, which craves and demands not only
this level of data but also' the ability to use it as consistently and confidently as possible. Therein
lay a whole new set of problems and issues. Good data is not enough. Communication and
synergy of that GIS data with telecommunications (Telco) information is the new barrier. Our
previous experience with the multitudes of address databases, real life field experience and
programming expertise has provided us with the knowledge that in order to effectively map and
route to a 9-1-1 distress call, the process MUST take into account very specific collection methods,
database construction, and mechanisms for implementation. Without these, the system cannot
and will not accurately, consistently and confidently support emergency response.
36
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Those are the reasons why we do what we do. Our massive experience has proven why we must
do things that way and has given us the conviction to carry them out. That is what we strive to
pass onto our clients, and that is why our methods differ so vastly from those of other firms.
The following is a general overview to explain some of what sets us apart from others and why this
should be important to you, our prospective client.
Collection Process:
>- The speed at which DDTI can deliver a GIS or 9-1-1 project is unprecedented. What some
clients have spent years trying to achieve, DDTI is able to typically accomplish in weeks.
DDTI's clients are able to obtain political buy-in and support from many departments
because the end result can be implemented and retum-on-investment can be realized very
quickly. This concept is in direct response to the not-so-uncommon trend of individual
localgovemmental departments attempting to acquire mapping individually, like 9-1-1 or a
highway department that oftentimes results in a spectrum of non-conforming data with
various inabilities and with multiple costs to the government. The question to ask is: Is it
important to do things once with the best way possible, or to have everyone do their own
thing with mixed results?
>- DDTI uses its proprietary Voice and Information Recording Data Acquisition (VIRDA)
system. The data collection system is comprised of digital voice recording, high-end
survey-grade global positioning system (GPS) receivers, an inertial navjgation system
(INS), and distance measuring equipment (DMI).
The fact that DDTI employs numerous technologies is important to our clients because
their data undergoes a rigorous collection process, beyond mere GPS collection alone,
and provides the most accurate overall solution.
First of all, using voice recording enables one of our field crew personnel to speak
information, such as the address, which is verified by the driver. This eliminates the
potential of mistyping data in the field and also provides a redundant check for accuracy.
Having the capability to speak the data means that DDTI does not have to physically stop
in front of each structure, as stopping in front of structures might disrupt traffic flow and
could create a potential hazard. Finally, this method of collection enables us to gather
much more information and descriptive data, which in turn can be utilized in numerous
client applications.
>- DOTI has highly skilled associates collecting and processing the data to create the end
product deliverables. In fact, ALL of our technical and production staff earned related
degrees in the GIS field, many of which have advanced degrees.
Our clients know DOTI's associates have a passion for what we do. It is more than "just a
job" and DOTI associates take pride applying their education and experience into projects
for clients that want to make a difference by implementing superior geographic data into
37
City of Boynton Beach, Fl- GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
their daily work-flow. As Captain Stevens of the Allen County, Indiana Sheriffs
Department said, "In emergency response, failure is not an option. Don't bother putting a
$3,000 map in your PSAP. You're better off having nothing. When it comes to mapping,
DDTI is the best."
~ DDTI collects and verifies ALL roads.
Currently, 9-1-1 departments not using this type of data experience very low levels of
address matching and locational accuracy. An example of such was Van Wert County,
Ohio in which 80% of the calls that came in failed to map using the off-the-shelf mapping
supplied by their vendor.
Verifying aI/ roads is important to our clients because they can be assured that all of their
data, including municipalities, private developments and commercial areas conform to a
high-level of accuracy and is not created via lesser quality data obtained from other means
or source. The end result of this process is when a 9-1-1 call comes into a dispatch center
it will map reliably and the first responders can feel certain that they are going to get to the
scene as fast as possible to save the lives of the public for which they work.
After analysis on three months worth of cal/logs, Marshall County, IN experienced better
than 99% address matching to a field-verified driveway location using the data collected by
DOT I.
~ ODTI verifies and updates the road name table.
Often overlooked by other approaches, an updated road name table is of the utmost
importance when trying to match legacy data from various departments, including existing
9-1-1 Telco databases. DDTI takes a digital preliminary road name table in the field and
validates it against the existing road name street signs. Any discrepancies are updated
and flagged ih the field and validated in the office. The updated road names and alias
names are then provided to our clients in the tinaldeliverable for their GIS and 9-1-1
solutions. This enables our clients to have one master road name table, saving the GIS, 9-
1-1, and other department's time otherwise spent duplicating confusing efforts of trying to
achieve road name commonality.
~ Additional descriptive address data is collected in the field.
DDTI's clients benefit from this information because we identify the structure type (house,
duplex or multi unit, mobile home, apartment, secondary structure, utility, commercial or
driveway) and provide approximately 37 attributes for each structure. The identifICation of
landmarks, place names and subdivisions also assists our clients by providing a means to
associate attribute information for certain locations.
~ Besides centerline and addressing information, as standard practice DDTI also locates
numerous other features, many of which may impact routing applications. These features
include as many bridges, culverts, railroad crossings, alley intersections, political
38
City of Boynton Beach, FL - GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
boundaries, turnarounds, speed limits, traffic control (stop signs, yield signs, and signals),
one ways and school zones as are practicable to identify in the field.
This data helps our client's jumpstart their spatial inventories for these features, including
compliance with GASB 34 in which local governments report the value of their
infrastructure assets. It also assists with routing because if a bridge is out, it is important
for routing applications to know where a road may be closed. Thousands of these features
are typically collected for our clients for no additional fee.
Data Processing and Production:
~ OOTI has a rigorous quality assurance and quality control process. By having voice
recorded data, our staff can "listen to the data" over and over again to be sure the correct
information is input into the client's database and have a stored reference for any review in
the future. Since we transpose the collected field data in a comfortable office environment,
as opposed to the hurried and often rushed approach with alternative field collection
methods, OOTl's data is many times more accurate.
This process allows the data going into the system to be repeatedly checked before it is
saved into the database. Additional ancillary data (Assessor databases, 9-1-1 databases,
phone books, etc.) can be used as supplementary sources of information. This helps
OOTI provide the correct address for as many structures (including those that do not have
a posted address) as possible and minimizes the amount of structures for which the client
would otherwise have to research the proper address.
~ OOTI uses a multiple base station solution and post processes all of the GPS data.
Utilizing 3 or more base stations, ODTI compares the GPS location solutions calculated
from each base station to the data collection vehicle's location each second. Proprietary
software, developed at OOTI, allows us to determine the optimal differential GPS derived
location, based on data collected by the numerous GPS receivers. In addition to this,
OOTI combines the INS and OMI gathered information to obtain the final positional solution
to assure it meets or exceeds the National Standard for Spatial Data Accuracy as defined
by the Federal Geographic Data Committee.
Quite simply, GPS data collection alone is not accurate enough - even the superior
differential GPS methodology DDTI employs. Supplemented by four data inputs: voice,
GPS, INS and OMI, DOTl's clients receive spatially accurate, three-dimensional data,
complete with an accuracy report which they use to establish or enhance their GIS base
map. The information OOTI delivers is so accurate that it has been used to enhance
United States Geological Survey (USGS) digital elevation models, enabling some of our
clients to obtain more accurate and less expensive orthophotos, or enhance the accuracy
of existing imagery.
~ The individual address number values are used to compute an address range using
DDTI's proprietary address range program. The program also tags those numbers that do
not fit reasonably well with addresses in proximity to the anomalous number. This number
39
City of Boynton Beach, Fl- GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
is then checked by DDTI for accuracy and is corrected when possible. DDTI also codes
each address with a structure type as previously mentioned. A software program also
checks the values for the structure types, so that no address has a structure type value
that is not in the list.
Erroneous information of this sort might otherwise be overlooked and go unnoticed. These
internal checks help assure data adherence to DDTI's stringent quality standards.
~ DDTI has developed Computer Assisted Mass Appraisal (CAMA), Master Street Address
Guide (MSAG) and Automatic Location Information (All) discrepancy reporting software.
These databases are compared against the final delivery so that a proactive approach can
be taken in order to clean up the errors in these existing legacy databases. Our
experience shows a minimum of 20% error in existing client records. The idea to keep in
mind is: How do you know if errors reside in existing databases, or to even what extent, if
you have no clean basis for comparison?
DDTI's clients benefit from this service because a manual approach to cleaning existing
databases can be an enormous effort and might not otherwise be undertaken. As 80% or
more of data has an address component, getting this information sorted out in existing
databases enables the cross sharing of information in a true GIS environment. Our clients
take a proactive approach to cleaning their databases via this process, as opposed to an
alternative, reactive approach of reporting errors when they crop up or trying to match
legacy databases together, which is unacceptable for a 9-1-1 system.
Delivered Data
~ DDTI's focus has always been on point-based, field-verified and reliable data, delivered in
client-specified datum and formats.
Competitive "solutions" are typically comprised of a hybrid of fie/d-checked data, off-the-
shelf information with address ranges, and existing legacy databases containing inherent
errors. Until DDTI created its methodology, these less adequate and inferior approaches
were the only affordable way to attempt to create the solution DOTI provides.
~ The road network DDTI creates has been complemented with comments from
Departments of Transportation in which they mention how our centerlines are already a
level above what they are currently trying to achieve. The intelligent road network consists
of numerous attributes and is capable of advanced routing when it is delivered. Proper
intersections are created, road name tables as previously mentioned are compiled, and
spatial accuracy is verified.
OOT! is one of only three companies whose centerline files are currently supported by a
major GIS software company that develops routing applications.
~ DOT! backs its deliverables with an accuracy Quarantee AND a warranty _ a VERY rare
thing in the GIS industry.
40
vi!)' OJ tloynton tseacn, t-L -lit-'ti Koad Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
OOT/'s clients know that the data we deliver is accurate, and we base our reputation on it.
If questionable data were to exist in our deliverable, OOTI will fix it free of charge. The
level of support and maintenance we provide to our clients is virtually unprecedented.
~ OOTI provides advanced address ranges that are calculated using another proprietary
program we developed. While we create and promote point-based solutions, we realize
that some third-party software our clients may utilize can only handle address ranges. The
ranges we deliver are far superior in that they account for the actual linear distance of a
roadway and existing address values, as well as their spatial locations along a road
segment.
Avoiding the theoretical and even the actual address ranges that have been widely used to
date and result in gross inaccuracies, OOTl's ranges provide our clients with an accurate
safety net when they have to resort to the use of address ranges. OOTI's potential ranges
return a much more accurate spatial location than those employed by the competition.
~ DDTI created our AccuGlobe software and address maintenance plug-in to help our clients
maintain the deliverables.
As different departments maintain most of the data we deliver, some of which have non-
GIS software users, DDTI created easy-to-use software, which can be utilized by virtually
anyone regardless of computer experience, while ensuring that data integrity is not
compromised. The end result is an established data-flow and maintenance process.
~ The data DOTI delivers is built for widespread data utility. It is complete and accurate
enough to enable many departments to obtain benefit.
Our clients can use existing software applications or take advantage of OOT/'s software
solutions to immediately use the data we deliver. From putting assessor and engineering
data on the web, to providing web-based routing applications for the public, 9-1-1 mapping
functionality for dispatchers, or general application software which everyone can use, DOTI
has the solution and our clients have won the awards to prove it!
Conclusion
We are considered world leaders in GIS data collection because the level and extent of DDTI's
method can save time and money on the development of reliable intelligent base mapping and
point-based addressing. There are few firms who can take their client to this level, and many who
claim the ability. The proof lies in the method and in the evidence of accomplishment. However,
this process applies not only to those governments who feel they would like to begin development
of a GIS with confidence and value, but also to those governments who would like to enhance their
existing system with more powerful application and consistent reliability.
41
City of Boynfon Beach, Fl- GPS Road Centerline Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Emergency response (9-1-1) and other emergency services can save time, money, and lives due
to the accuracy level and our data's ability to consistently map a field verified location and route to
a 9-1-1 distress call with confidence.
5. Additional Information
Digital Data Technologies was established in 1993 to provide high-tech precision measuring
solutions and consultation to government and private organizations. Seeking out and utilizing the
latest advancements in technology, cost-effective services were successfully completed for
numerous clients including the Ohio Department of Transportation (ODOT), General Motors
Corporation, and Advanced Satellite Communications. Bringing together individuals with expertise
in advanced data collection systems, software programming, and geographical information
systems, Digital Data Technologies incorporated in 1998.
To optimize performance and deliverables for our clients, DDTI embraces technology. In fact, we
were the first to own a Leica digital level in the state of Ohio, one of the first to use robotic total
stations and electronic data collection for surveying applications in the Midwest, and the first
company to utilize digital photogrammetry to monitor bridge movements in North America., Our
pioneering spirit has led to the development of an advanced data collection system. Comprised of
high-end global positioning systems, combined with additional spatial measuring instrumentation
and proprietary voice recording software, our Voice and Information Data Recording and
Acquisition (VIRDA) system gives us a competitive advantage that has helped make us the leading
company in providing the most accurate, detailed, and cost-effective solutions for the creation of
GIS road centerline base maps.
Realizing the need to help local government disseminate GIS-related data to the public, DDTI
invested in the development of the AccuGlobe 1M product line. AccuGlobe 2004 is the core GIS
software behind our numerous suite of software extensions created for county and local
government. The core software has been available as a free download from DDTl's web site since
November 2003. Already, thousands of end-users employ our software in more than 132 countries
around the world. Expanding our services as an Application Service Provider (ASP), rounds out
our whole product solution.
AccuGlobe Internet Edition is a compelling Internet solution for counties that are attempting to put
their GIS and real estate data on the web. DDTI purchased numerous servers, installed a fiber
connection and high-speed communications equipment in its new office building, hired one of the
best cyber-Iaw attorneys in the country, and designed scale able software to provide information
rich applications for our clients. DDTI currently provides hosting services for 37 clients.
AccuGlobe Data Explorer is DDTI's front-counter solution for local government. Similar to the
AccuGlobe Internet Edition product, AccuGlobe Data Explorer enables the client to provide
customized integration and viewing of databases in a GIS environment. The product can be
employed as an information tool for the general public through the client's intranet or standalone
computer terminals.
42
City of Boynton Beach, FL - GPS Road Centerline project with Field Verified Point Based Addressing (RFQ # 041-221 0-06/CJD)
. AccuG/obe E9-1-1 is designed for the PSAP (Public Safety Answering Point) environment.
The software provides full GIS mapping capabilities for the dispatcher. With its associated
server component software, it reads data directly from the All stream to automatically
locate 9-1-1 calls.
. AccuG/obe Farmland Calculator is a simple to use software application that allows
assessors to easily and accurately calculates agricultural use values. The standalone
application utilizes the client's computer assisted mass appraisal data (CAMA) and existing
parcel, soils, and land use GIS layers to generate acreage and land use reports.
Organizational Structure
DDTI has established a horizontal policy towards corporate organization. This allows a dynamic
environment in which all associates readily communicate and effectively work together as a team.
While each individual may bring expertise to certain areas of our business, they are actively
involved in all aspects of our whole product solution.
Straflwlc VIsion, and St;Qpe iff Servfces
Number of Employees
DDTI currently has 24 full-time employees and plans to add additional employees during 2006 to
keep pace with anticipated growth. Turnover is expected to be minimal as the corporate
environment fosters individual growth while providing a casual work atmosphere, a 401(k)
retirement plan (with corporate contributions), 90% health and disability coverage. and at least 4
weeks paid personal time per year for all associates.
DDTI also retains outside expertise including a partner and practicing eyber-Iaw attorney from the
distinguished law firm of Christensen, Christensen & DeVillers (Columbus, OH), a certified
professional accountant and founder of Partners in Profit, Inc., (Powell, OH) and is working closely
with a representative from Boardroom Advisory Group (Cincinnati, OH) to assist with financial
advice and corporate development.
Company Ownership
Its four partners wholly and equally own Digital Data TechnOlogies, Inc. The company is proud to
have been able to avoid any influence from venture capitalist and outside interests during its critical
start-up phase.
43
I.,;rry or t1oynton Beach, FL - GPSRoad Centerline ,Project with Field Verified Point Based Addressing (RFQ # 041-2210-06/CJD)
Litigation History
Digital Data Technologies, Inc. has not experienced any litigation.
General Liability Insurance Coverage
Combined Single Limits of Liability
General aggregate... ..... ............... ............. ...... ...... $2,000,000
Occurrence limit ....................................... .,.......... $1,000,000
Personal and Advertising Injury
Anyone person or organization ............................ $1,000,000
Medical Expense
Anyone person ................................................... $5,000
Fire Damage
Anyone fire ........ ......... .......... ........... .................... $100,000
Valuable Papers ................................................................ $15,000
Copies of Digital Data Technologies, Inc.'s certificates of insurance, including worker's
compensation, will be provided to City of Boynton Beach upon acceptance for this project.
Philosophy Statement
DOTI's mission is' to provide expertise in the development and implementation of enterprise-wide
geographical information systems (GIS) and related application software solutions, with a
pervasive goal of maximizing our customers' retum-on-investment in GIS and E9-1-1.
44
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City): April 26, 2006
RFQ Title: GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED
POINT BASED ADDRESSING"
RFQ Number: 041-221O-06/CJD
RFQ Received By: MAY 17, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: MAY 17, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
and may not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFQ shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
IJ/G-lrnL /JA--n4 ~enNOL06-tt:3 /"./&.
,
Federal J.D. Number:
A Corporation of the State of:
.3/- It. /'10/;U
Area Code:
~ 1'1 Telephone Number:
(, ( t./ FAX Number:
OfHO
~~9-,33~'I
'1.29- J.3l?.r
Area Code:
Mailing Address:
9.s-I.:. Kt N 6- J4 t/a./ae-
City/State/Zip:
~Ut h'lMS
,
01'1
'1.3 .J..I .L-
Vendor Mailing Date: nt./1f /).. ~oG,
~~
, Authorized Signature
~ 6V+H-o
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
19
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RFQ TITLE: 6-fJS ~.4D t!.8JTeR..i..t,.)6' fJiU)"J?;!I:::T Wf7"H PtbJ.-O "De/ H€O PO/Nt I5i-sa>
M()~~G--
QUALIFIER:
tJi 6-fn:u.
OA-rn- rr~ NO/..L>6{ E3 IN v,
,
DATE SUBMITTED:
1nA-f 1.2.., ..;u)OG,
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
1!>t!J.l~ D I-4-a.TI!.E /YI.()Air
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addendfl which we have received:
ADDENDUM
tJ/A--
DATE
ADDENDUM
DATE
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFQ document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFQ response.
* attach additional sheets giving the information
1.
Name of Qualifier:
D/~ L)#n4- ~c.uNOI-DG-Ie. /NC/.
9 s-, kJ,.j 6- l'We Alu.&
2.
Business Address:
f!oWV1\&LS
,
ON-to
L/ 3;L/.J...,
3.
When Organized:
/ III cOI(I'~ J't;1J
/,) /994'
4.
Where Incorporated:
ST7'1-7e () ,c.
o tf-fo
5. How many years have you been engaged in business under the present firm name?
7. S- Y ~OJ>
6. General character of work performed by your company.
Ciee~'no;J,. IJISSGM./,.[A-71lJtI rid!) mAllllrl=7VAd(e of
6-€D ~;>}/ fG?-<-
1/II'h>J:.nf.-9-floN ~Sn;:-m.s iJA-T ~
J4NO
.s (){:T W A-,(!.e.
7. Enclose evidence of possession of required licenses and/or business permits. Sw~ ~/1=1('4re ff>/..L()(,JtNV
8.
Number of employees. ~ t/
fJ~E .sa I{PP ..sElmo,,) 1 fJ~,;lt{'3.2...
Background and experience of principal members of your personnelt including officers. *
9.
10.
Bonding capacity.
VIA- 1l~I9-IIIIAI;..€ J Aie60r/At'5i-t
.
11. Have you ever defaulted on a contract? If so, where and why?* /if 0
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
21
STATE OF OHIO
BUREAU OF WORKERS' COMPENSATION
COLUMBUS, OHIO 43215-2256
CERTIFICA TE OF PREMIUM PAYMENT
This certifies that the employer listed below has paid into the State Insurance Fund as
required by law. Therefore, the employer is entitled to the rights and benefits of the
fund for the period specified. For more information, call1-800-0HIOBWC.
THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED.
POLICY NO. AND EMPLOYER
PERIOD SPECIFIED BELOW
1266442
www.ohiobwc.com
1/112006 THRU 8/31/2006
~
JJ1r<<k
A(Jmini~ICEO
THIS CERTIFICATE MAY BE REPRODUCED AS NEEDED
--~'-~'~~7"'~~-:'":':'_--:,-......._
-- - ...-..-. ~'-
. . . . - .
." _. '-~......-'-
OHIO BUREAU OF WORKERS' COMPENSATION
REQUIRED POSTING
Effective October 13, 2004, Section 4123.54 of the Ohio Revised
Code requires notice of rebuttable presumption. Rebuttable
presumption means that an employee may dispute or prove untrue the
presumption (or belief) that alcohol or a controlled substance not
prescribed by the employee's physician is the proximate cause (main
reason) of the' , , ..._~
The burden of P e that the presence of
alcohol or a con roximate cause of the
work-related inj sitive or refuses to
submit to chemi for compensation and
benefits under j,4
THIS LANGUAGE MUST BE POSTED WITH THE CERTIFICATE OF COVERAGE
https:/ /www.ohiobwc.com/employer/services/payr61Vsecure/certificate.aso?txtCTD=4 14 7Q ') /')') /')(l(lt:,
STATEMENT OF QUALIFICATIONS continued......
12. Experience in performance of work similar in importance to this project.
Project
$ Value
ConmctNmne Phone #
~ C<xI4T"'/-; 0/01
~/t{A~/...f) ~J.".'1 ON
A41c~ ecUtJ"I,OH
~ ~c/"h-y I ON
dlSV. Doc
I C/O, Oe)O
AR.a~ Snr.t7H;, ~C;'?.s 937-.3.z~-".l'l?f
~~ Wtf?nS5, ,4e(tJ;-rn'l- 7L/()- '1'7- 70.27
SQ071 ~y. GIS &Jo1UJ. It/D- 63~ -o~ 79
~I<.. ,,~, G-IS DI,(, ..330'. h7c/-..1..0F3
119. (X)o
.:LD7, OD 0
13. Contracts on hand.'" ,4.5/-1 iAN (J eou"'l"~l 0 IJ.
14. Largest completed projects (include final cost).
1) fJ-iJ..EN (J()(/ tV "1 I r/ () i /ft/;4-
2) etJh'(f<. ~tJAf-ry/ ON-IO
3) S'l"I+ILK.. ~vNr-t 01#0
~ J 7", ODO
t o1..s-0, Ova
f~9'. S'oo
15. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: * AfO,J(!'
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at: 9.>& kll'lt:r Ave. &iu,^(J..{J~ olJlo
this I~ l'v day of /YlA.f
2000
By:
~b~
(written signature)
Nmne:
~ SJ.A.-H-c
(printed or typed)
fJR.6S1 0 r=NT / fJA<7lII ffYL.-
(
Title:
Rev. 05130/02
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
22
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
~~ j!;~~-
I' NAME - SIGNATURE
Sworn and subscribed before me
this i..21J-lo-1 day of m /V-J../
I
,20~
Printed Information:
~ .f>I..A..H-O
NAME
fttE>1 t>eNT rrr(fAKTAI c:IU
~'y}f,~
NOT Y PUBLIC, S~ of OH-'"O
at Large
f)/G-/n4--L M~ TtWlloJ.i>6te:s, plC/,
COMPANY
JEANNINI;.~J,~~. ,
lmAlY~STAll!(rOillQ'
M\'~I!XPIRP3IJLY ~.
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
23
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of
ONto
}
County of HeIMl!U..I rJ
)
Gt9&;tV dJ.A.HiJ
, being fIrst duly sworn, deposes and says that:
1) He is f'~E3II'.){91/1
(Title)
has submitted the attached RFQ:
of Di~ I)AR+ 7f[!.:II"'~/~/tJ(.,., the qualifIer that
(Name of Corporation or firm)
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Further, the said qualifIer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifIer, firm or person to submit a
collusive or sham RFQ in connection with the Contract for which the attached RFP has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifIer, finn or person to fix the price or prices in the attached RFP or of any
other qualifier, or to fix any overhead, profIt or cost element of the RFQ price or the RFQ
price of any other qualifIer, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the &11 of &ylllnW ~. FL (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the qualifIer or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
~JY1(.,~
~EANNINE-.~ JWfA,- ' '.
tmARYJ'UIILICiBrATB If 0iII9
MY ~ONI!XPIRF.SJULY~.
(Signed)
f~.~
fJ~iDeJf / ~nV(;!'/U
I
(Title)
Subscribed and sworn to before me
This /.vv day of ntAf . 20 ~
My commission expires 1'-1- .;l.CO(P
THIS PAGE TO BE SUBMITIED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your submittal sheet making it an official part of your RFQ response.
NoT 14- I'K.{No~t7"i t)wNEO MSINe5S
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) mSPANIC
( ) WOMEN
( ) OTHER
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES
NO
v'
IfVES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
25
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUBMIITALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace prognpn, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the, United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this fIrm complies fully with
the above requirements.
1/~ ~~
, Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26
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JON ,;?
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
VI.-CONSENT AGENDA
ITEM B.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D Apri14,2006 March 20, 2006 (Noon,) D June 6, 2006 May 15,2006 (Noon)
D April 18,2006 April 3,2006 (Noon) t2J June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF t2J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: A Motion to approve a piggy-back of HilIsborough County, Florida, Bid #T-0284-05 (JJ)
with GODWIN PUMPS OF AMERICA, INC., of Tampa Florida, for the rental of portable pumps and generators.
The emergency equipment will cost $70, 371.00 and mobilization (transportation roundtrip) cost is $2,400.00. For a
total of: $72,771.00.
EXPLANATION: The Utilities Department would like to utilize HilIsborough County's contract for the rental of
heavy equipment. The rental pumps and generators will be part of the department's "Hurricane Contingency Plan"
for this hurricane season particularly the anticipated peak time starting August 1,2006 and ending October 31,2006.
PROGRAM IMPACT: The portable pumps and generators will be delivered and stored in the East Water Treatment
Plant Yal'd, August 1, 2006. While on site, the City will be charged the normal rental rate as identified in the
HilIsborough County contract. Attached in the breakdown of the rental rates for pumps and generators submitted by
Godwin Pumps.
FISCAL IMPACT: Cost for equipment will be $70, 371.00 and mobilization (transportation roundtrip) cost will be
$2,400.00. The total for the Hurricane Contingency Plan is $72,771.00.
BUDGETED AMOUN
$72,771.00
Procurement Services
Department
City Attorney I Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Memorandum
Utilities # 06-97
Date:
Bobby Jenkins
Assistant Finance Director. /(/~) _ _....._
Kofi Boateng, PE ~~ ~/V'^-'Vv-:;=?
Utility Director . J ~..---
June 1, 2006
Piggy-back HiIIsborough County Bid# T - 0284-05 (JJ)
Rental of Heavy Equipment
Agenda Item
);~
To:
From:
Subject:
The Utility Department would like to utilize Hillsborough County's contract for
rental of heavy equipment. Godwin Pumps of America, Inc. of Tampa Florida was
awarded the contract rental of portable pumps and generators. The City has
purchased and rented equipment from Godwin Pumps in the past and Godwin
has supported the Utility Department over the years. Their equipment has been
very reliable and they have always been very responsive in our time of need
during hurricanes and operational emergencies.
The rental pumps and generators will be part of the department's "Hurricane
Contingency Plan" for this hurricane season particularly the anticipated peak time
starting August 1, 2006 and ending in October 31, 2006. The extra equipment is
for conveyance of the City's wastewater and, along with the department's existing
equipmen~ will double the Utility Department's capabilities of maintaining and
operating its lift stations during extended power outages.
The portable pumps and generators will be delivered and stored in the East
Water Treatment Plant yard, August 1, 2006. While on site, the City will be
charged the normal rental rate as identified in the Hillsborough County contract.
Attached in the proposal is a breakdown of the rental rates for pumps and
generators submitted by Godwin Pumps.
The emergency equipment will cost $70,371,00 and mobilization (transportation
roundtrip) cost is $2,400.00. The total for the Hurricane Contingency Plan is
$72,771,00. Funds are available in account # 401-2816-536-44-30.
Please present this at the next City Commission meeting for their approval. If you
have any questions you can reach me at ext. 6401 or Tony Lombardi at ext.
6421.
Attachments
Xc: Peter Mazzella
Michael Low
Tony Lombardi
Daniel Spooner
Barb Conboy
File
ge-dwin
~'u rnps
of America, Inc.
3007 N. 50th Street
Tampa, FL 33619
Telephone~ (813) 740-0331
Facsimile: (813) 740~0332
www.godwinpumps.com
City ofB oynton Beacl1
124 East "Vloolbright Road
Boynton J3each, FL 3S435
Attention.~ Mr. Tony Lombardi
Phone: (561)742-6421
Fax: (561)742-6298
RE: Spe~Bid T -0284-05JJ Rental Quotation # KA2786
Dear Mr. Lombardi:
Per our conversation QD. May 09,2006. We are pleased to provide you with the following Contingency Plan for
the upcoming Hurricane Season, from June to November. In order to guarantee equipment, we are proposing
the City of Boynton Beach order equipment, and store it at your facility at a discounted rate, that was awarded
by Godwin Pumps of America, Ine to Hillsborough County on Bid No. T0284-05(JJ).
,
uuliwin Pumps will honor these rates up to 200 hours per unit per month. Standard Overtime Running Rates
will 'apply foradditio~ hours. We have enclosed a copy of Godwin's Terms and Conditions that will give a
better defuition of O~ertinle Running procedures.
Godwin Pumps will honor these rates at up to 200 hours for this Hurricane Contingency Plan.
I
If you should need ~ additional assistance/information please do not hesitate to call me in our Tampa office
at (813) 740-0331 or xpobile at (813) 363-7707, email meattaInpa@godwinpumps.com. We look forward to
hearing from you. i
,
I
Sincerely,
GO~UMPS
~n Abema y
Sales Engineer
KA/tla
ington, DE
". _"nlngton, DC
New York Metro
BuffaJo,NY
Syracuslil. NY
No/Wich, CT
So$ton, MA
Manchest".. "'1-/
Pitt"'hllr'nt7. . rl
HOME OFFICE: One Floodgate Road, Bridgeport, NJ 08014 (858) 467~3636
3P2..f356-9144 Cleveland,OH 440-357-6868 Atlanta. GA
301-390-3806 Charleston, WV 304-984-0200 Tampa, FL
2b1-858-8650 Chioago,IL 708-889-1560 Houston, lX
~5-S44-3156 Richmond, VA 804-798-6600 San Arrtonio, TIC
3!15-S36-2317 Virginia Beach, VA 757-490-1300 Corpus Ohristi, 1)(
860-889-2343 Raleigh, NO 919-661-6061 Helena. MT
6.17-367-3354 Charlotte. NC 704-688-4592 Los Angeles, CA
~n~-SlB7 -5550 N. Charleston, SO 843-818-2266 Seattle, WA
lOR ml!66-69SS Savannah,GA 912-20~rllNnrl NIMOO!) 1N\f~~:Ol
770-529-7559
813-740-0331
281-a64-9200
210-648-9101
361-879-0031
408-495-1335
951-278-3636
25S-395-5450
q 007. 'U . A \tIN
~p~;" : B'-J~'nUrl BE:,CH UT I,_ I TIE':,
~~H [jC. : :>6i '74,2 l;2':J',~=:
J,.,u-, .Jt' ::JE'E: 0'3' 45;':11 r,
f\~ d)
BOCC Mt:.ETING DATE:
~&_ber :&.1OJ.)~
PL'lt.CHASlNG DE' AR'I'MENT
Iu::COMMEN1)~D ACTION
A<..~ION! Award Bid Numbor Y.0284-0S(11). R..lntai of HIllavy EqYlpmenllo bidders as Indicated
on the attachc:d award summAry in an 8&a:reptocstimetlld amountof$:Z50,COO.OO fw1l1. Fleet
ManaplMAt Department for. period ortwo yeal'$. Purchase Orden will be ISllled only lIpin'l 'PprOved
bud~tl.
PURCHASING DIRECTOR DELEGATIONS I
l.YJAd411ioul Awanl Optimal. Provtsto.: P.rt B, P.MlJnpb 1.... plV'rlcl. tbe abJICy to award
ucm.., IIld" Hied .. lowed ....pu.1IIw bUll rouind rro... MKlOIIlIIIfaI bidden.
[y] UlJO....... ... 0.... Qat to $lS,HO 10 DlrflCiVr .tP.rdauUl., 'PnwllloB. Part B It... 1.1 4
(V] Vallate.... .xte....... tu Vlrcdor of PuJ'....... PI'OY!aloa. Part A. It.. 13
rYJ v..II....... romnval. tv CO_l)' Adml....ratDr, Pt'0'ri8Jon, Part D. it.. 1.03
[N] AddltM.... PlllJ1!...... Opdoall 1;0 Director ot'PlIl'Cha.iu&> PrwWoa
Pk~CT DESCJUPTlON I Th. p~ of thhi !,:ONrett Iii to allow fot the Nmtal of VlrlOWl piecos of
heW) ~(ln.u.,ion eqvlpmCllt that ftJ.)' be teqUANd by varlo1:1 (;aunt)' Department., RtnWf wHl be
ll'laCk on an u~nocdod basil. Speoif1oatmnl provide for avvw 10 tile thretl lowm bidders for aJlline
,toms. No bids we~ rKflvod for Item$ 24,71,72 and 7' lInC will be ..bid ()ft llft u-nocdcd baaii, Wl'Iilc
&tafY'ha. attempted to UIt.n major item. CI'ltho bid lloUcitdlon 'llliblch may be utillzod by Counl::)'
department. in cOl'\lw.ncticm with their operations, there may be IlnoillaJy units thet mast be rentod dllrillg
the term ofthi. canIr'ICt. Under tMM Cil'CumttlJKlCI, sta.t'f' will J(llloit written p"" quotos fium .11
s~cessful bidd81'8 for thOlO additional r1quiremCIJlta. 111." acldlu(lJIal .warda may be i"tKlorporated Into
~ oxittinl contfaa;t(IJ).and thr:t prtclllS obtained by JtaIfwlll remain firm throuaJ1 the end on the contracr
period(s), This cont*t wntains 0ft0t OM--year m1cwal ()ption. Thl. is . Hi1Isborollgh Coumy
Governmontal PurcJla.illS Council bid.
I \' J ON FU"E
!'VI ATTACHED
Award Stvnmary
Bid SummUy
DATL:
_,c~
APPROV.AL:
BOCC APPROVAL DATE AND AGENDA OEM NVMBER,_,
O;\A'Pl.~II't,AllIIMI. fiIH ~f\1 jCX2C!j\T -:D&4-(l)(t.r)dDr.
2'd
08Z9Z~~CIB
"...IS '4UitWi!I..Jnoo...ld
W~6~:B 9002 90 unr
May.16, 20)6
r~TY of BO)llton Beach
.mtior:l: Mr. Tony Lombardi
Rental ~u<tation #KA2786
Page 3 0 :f 4
---ooq 1
** RENTAL QlJOTATION.**
"q'1I JV-
'.:9Q.!a'llLV . MONTHLY
ITEM" QTY nESClUP'l10N .' ~ "TOTAL
A 8 Godwin Dri-Prime@ Model CDI00M Automatic Self.. 1 ).89.00 $ 10,312.00
Priming (to 28 feet) Diesel PUlnpset.
. 4" Suction and Discharge Connection.
. Solids handling to 1 7/8".
. Dry Running Oil Bath Mechanical Seal.
. Driven by John Deere 3016D, 24.6 lIP @ 2200 RPM, water
cooled diesel engine.
. MO\lTlted on a highway trailer with integral :30 gallon fuel tank
- and lifting bracket.
. Average fuel consumption 1.1 GPH @ 1800 RPM.
B 1 4" x 20' Heavy Duty Suction Hose with Godwin Quick 66.00 $ 66.00
Disconnect Fittings
C 1 4" x 50' Heavy Duty Discharge Hose with Godwin 119.00 $ 119.00
Quick Disconnect Fittings
D 8 Coleman 65kW Super Quiet Pac Portable Diesel 1,620.00 $ 12,960.00
Driven Geoet'atot'.
. Power. 6skW (stand-by).
. Voltage: 120/240 volt, 1 phase; 2081240/480 volt, 3 phase.
.. Amp Draw: 81A @ 480 volt, 3 phase.
. MOtOr Starting Capability: 30 HP.
. fuel Capacity: 110 galIOl1$.
. Running Time: 26 hours @ full load.
. Highway trailer mounted with silenoed enolOSUre rated 64 dBA
@23 feet.
ESTIMATED MONTHLY RENTAL TOTAL $23,457.00
nlated Transportation: $ 1...,500.00 each way, per load, per Godwin Truck.
This pricing information is for your internal use only- We ask that these items and terms be kept confidential. All appliCable tax and
freight charges will be added to invoices- All quotations are subject to credit approval. All quotations are valid for 90 days. All
prices quoted in US Dollars. See attached Terms and Defm.itions which are part of this quote.
17 ',j IOQ 'nIY ~rlWnrl N1MO()~ Vi\l~~:Ol 9007.'U 'A\lW
May 16, 200'
City of Boyron Beach
Attention: N. Tony Lombardi
Rental Quotmon #KA2786
Page 2 o:f 4
& L 11" ,11 1'" L fl""W'.
** RENTAL QtJotA$N ~*
-
Standby Rates - Additional Optional Hoses
MONnlLY MONFllLY
ITEM ~TY D.ESC1UJtTION ~ TmAL
S-C 8 4" x 20' Heavy Duty Suction Hose with Evertite $120.00 $960.00
Fittings
S-D 8 4" x 10' Heavy Duty Discharge Hose with Evertite 66.00 528.00
Fittings
ESTIMATED MONTHLY HOSE RENTAL TOTAL $1..488.00
This pricing information is for your internal use only. We ask that these items and tenns be kept confidential. All applicable tax and
freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All
prices quoted in US Dollars. See attached Terms and Defmitions which are part of this quote.
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Hills~ County
Ronda
DejNty ~t]" ^dmntu~lOt
W;tUy Hill
DATE:
TO: "
0&: of the County Adrnini.macor
Plltrlci~ G~ Bean
r FAX~OVERSHEETul
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C:.~I-3) ~07~ /778
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F/J::( NUMBER:
FROM:
SUBJECT:
i
~.D to'r1r Ik-i
HILLSBOROUGH COUNTY PUBLIC WORKS DEPT ./TRANSPORTATION MAINT~NANCE DIV.
601 E. KENNEDY BLVD" 22ND FLOOR1 TAMPA; FL 33601.1110! !
:: . I :
, I
Fax Numbe~ (813) 272-7059 Telephone Number: (813) 307-1s43
Number of pages including tllis cover sheet:, _ .:
If there are any problems receiving \his fax, or if any pages are missing, 8lease call.
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A w r\iZ'\)
c:'O\)l,vt J
S U lY\ '" A:~
LI NE ~TlSMS
POst O(fil;~ Box 1110 . T:;J.~p;'l, F1ond:l. 53601
We,b Si[e~ ~\"",...,:_I---ll!S_bOroll~hcoU;lW.q~'
03/L'1IL:tJtJb .LL.tJ:J
L1..L --J L-.! L- ,....'-'~
HILLSBOROVGH COUNTY
BLANKET PURCHASE ORDER
PAGE:
1
DATE: 11/04/2005
REPRINT OF PREVIOUSLY ISSUED BPO
BP NUMBER: BPCW06000079
GOPWIN PUMP OF AMERICA INC
1 FLOODGATE ROAD
BRIDOEPORT, NJ 0801~
CON~RACTOR TE~: (856}467-3636
CONTAACTOR F~; ( )
IF.a,B;
PAYMENT TERMS NET
ITB #:
( ISSUING AGENCY )
PROCUREMENT SVCS-TERM CONTRACTS SECTION
601 E KENNEDY BLVD, 18TH FL
TAMPA, FL 33602
PROCUREMENT ANALYST: JAY JACKUS
VENDOR ID; 222138498 01
CONTRACT PERlOP
FROM 11/0*/2005
THROUGH: 11/01/2007
I p:Hom; NO: (6).3) 301-70'67:
MAX CONTRACT AMOUNT:
$50,000.00
BLANKET PO TITLE: RENTAL OF HEAVY ElQU1PMENT
THIS IS NOT A PURCHASE ORDER. DO NOT DELIVER OR SHIP AGAINST ~HIS BLANKET
PURCHASE ORDER (BPO). This BPO autho~i~eS the future issuance bf release
purchase orders. Refer to the enclosed terms and conditions fo~ additional
instructionS.
ITEM COMMODITY 1.0
COMMODITY DESC
SCH:ED1.JLElP UNIT PRICE U/M
SCHEDULE DESC '
MINIMUM Qrt
MAX QTY
**CONStJMER'S CERTIFICATE OF XEMPTION # 85-8012622015C-2 EFFEC~IVE H 30 2004**
*********.*.**~***.***********~*************..~*.*.*******.***~*****~**********
BASE ' 1. 0000 DO
ENTIRE STAT~ OR SINGLE PRICE SCHEDULE
HIGHWAY EQUIPMENT (TRACTORS, LOADERS, GRADERS, DOZERS, E:'I'C.)
50,000.00
001 998-54-50
THIS LINE ITEM IS ISSUED BASED UPON A DOLLAR (DO) AMOUNT ;..ND
ANY WO~R OR DELIVERIES MuST NOT EXCEElD THAT AMO~T. INVOIFES
MUST BE SUBMITTBD 'ONLY FOR ACTUAL WORK PERFORMED'ANP ORDERS
DELIVERED AND MUST BE CONSISTENT WITH THE AOREED UPON PRICBS~
TJi:RMS, COND!TIONS, AND SPECIFICATIONS. '
PER aID NO. T-02B4-05(JJ)
ITEMS 6, 32-36, 39, 55, S7~60, 64.-66, 83-91
PRICING IN ACCORD~C~ WITH aID SUMMARY
APDITIONAL IN1<'ORMATIOliJ 1IliJD REQUIREMENTS
(CDNTlNUED'ON NEXT PAGE)
03/21/2005 12:09
" , "
813-2n-ll1~tl
/'
HILLSBOROUGH COUNTY
BLANKET PURCAASE ORDER
PAGE:
2
DATE: 11/04/2005
REPRINT OF PREVIOUSLY ISSUED EPO
REQUIREMENTS FOR DEPARTMENT(S) :
VARIOUS COUNTY DEPARTMENTS
~ BP NUMBER: BPCW06000079
IN ACCORDANCE WITH BID: T~0284-05(JJ), ~AL OF'HEAVY EQUIPMENT
i
AWARDED: 11/02/05, BY THE aOARD OF COUNTY COMMISSIONERS
FOR THE PERIOD: 11/02/05 THROUGH 11/01/07
THIS BLANKET PURC5ASE ORDER IS ISSUED TO COVER SVCH PO~:dON
OF THE COUNTY'S RJi:QUIRBMENTS OF THE MATERtALS OR: SERVICE~ LISTED
HEREON FOR THE PERrOD STAT~O HEREIN, AS THE AUTH~RIZED C9~
REPRESENTATIVE MAY FROM TIME TO TIME SPECIFY IN ~EL~E p'URCRASE
ORDERS. THE RELEASE FURClmSE ORDERS SHALL REFERENCE THE 'BLANKET
PURCHASE ORDER AND S~LL REQUEST ITEMS LIMITED T~ THE B~T
I'tm.CHASE ORDER. '
. : .' . !
RELEASE ORDERS, OR FISCAL ENCUMBRANCES ONRELEASS
ORDERS, SHALL NOT EXTEND INTO ~ FOLLOWI~G FIst~
YEAR (NORMALLY OCToBER'l THROUGH~ SEPTEMBER 30), :
BXCEPT AS MAY BE NECESSARY TO AVOID SPLITTING A
WEBK OR QUARTER ALREADY IN 'PRO~SS.
I !
'tHIS BLANKET PURCHASE ORDER (BPO} IS BASED IN WHCDLE OR IN] PART ON A
DOLLAR THRESHOLD. ' ANY ~ORK OR DELIVERIES MUST N~T EXCEED THAT AMOUNT,
INVOICES MUST aE SuaMITTEP ONLY FOR ACTUAL WORK PERFORMED AND ORDERS
DELIVERED AND MUST BE CONSIS'!'ANt WITH THE AGREED ,UPON PRI~ES, T:ERMS,
CONDITIONS AND SPECIFICATIONS. .
I '
, I ! ,
NO SIGNATURE REQUI~D. 'l'l{!lS DOCUMENT
a~s aEENELECTRON~CALLY APPROVED.
-:- -END Or! DOCUMENT - - -
tJ.:5/ L...l f LUUU
GODVVI~ ~UMrS
REVISED PART C
BID PROPOSAL
BIONO.
TITLE;
T .o284..o5(JJ)
Rental of Heavy Equipment
By signing this bid proposal, the undersigned affirms that said bid propo981, is made without any understanding,
agreerJ'\ent, or connection with any other person, firm or c6rpor/iltiOf'l provIding a pld proposal for the same purpose and
that this bid proposal is in all re$pects foair arid wit~ut collusion of fraud. Thei undersigned understands that this bid
proposals must be signed in ink and that an unsigned bid proposal will Pe considered incomplete and 6ubject to rejection
by HlIIsborough County.
SUBJECT TO THE DEVIArlON STATED IN THE; PARAGRAPH BELOW, THE ljJNDERSIG~ED, BY THE SIGNATURE
EVIDENCED, REPRESENTS THAT iHl.: BIDDER ACCEPTS THE iER-MS, CONDITIONS.! MANDATES, AND OTHER
PROVISIONS OF THE Fo.REGOING 1~6TRUCTIONS TO BIDDERS, (PART A~ AND THq SPECIFICATIONS, (PART
B); SAID DOCUMENTS BEING THE STRICT BASIS UPON WHICH THE SAID BIDDER MAl(ES THIS BID PROPOSAL.
ALSO, THE UNDERSIGNED (BIDDER), BY THE SIGNATURE EVIDENCED, AGREES Tb INDEMNIFY AND HOLD
HARMLESS THE COUNTY AND ANYONE DIRECTLY Of{ INDIRECTlY EMPLdYE:D BY IT FROM AND AGAINST ALL
CLAIMS. DAMAGES. LOSS~S AND EXPENSeS (INClUOING COURT COSTS AND ATTOI1NEY'S FEES) RESULTING
ouT of ANY ALLEGED INFRINGEMENT OF pATENT RIGHTS OR COPYRIGHTS HELl) BY OTHERS AS ARISES
OUT OF THE BIDDER'S PERFORMANCE OF ANY CONTRACT AWARDED BY THE COUNTY PURSUANT TO THIS
BID MA TIER. '
" A .. use BLACK INK ONLY. .. ..
~~L ~~~ ~g't~G JtlFORMt>TIOtl M~T IlE- H~R~UPOIj !l'VEN FOR THIS BID PROPOSAL TO BE
__ N~ __R__ ___ILLS~OROUGH cOUNTY:
Deviations: NOTE _ Any representation (belovv) '01 devlatlon(9} may cause this bid! propos~1 to be rejected by
HiIlsborough County. All aiddersshould carefully rei;ld paragraph 4 of instructions to Bidders, (Part A).
The following represents every deviation (itemized by number) to the foregoing tnstriJctiom.~ to Bidders, (Part A),
and tJ;e Specll'lcatlon$., (Part B), upon which this blp proposal Is based, to wit:
NoDev:i.ati.oM-PsrtA
No Deviatioos - Part B
02840!a5.dOC
REVISED PART C BID PROPOSAL - PAGE 1
" ,
......,.. ....,....-.___V<!~~~,~..~ .~.~
. .~.. ...".
-.-.. .-.-.-..---.-------.-..- --"'--
\ AWARD SUMMARY
,
" T -0284-05 (J'J)
RENTAL OF HEAVY EQUIPMENT FOR A ONE-YEAR PERIOD
, !
tsp# I I, BIPDEiR
/ BPA06079 GODWIN. PlJJMP OF AMERICA
I ,
I L1NE'JTEMS AWARDED,
J
6, 32-36,39.55,57-60,64-66,83-91,
BPA06080 NATIONSRENT USA INC.
1-8, 10r23, 29-35, 37-46,48-54,61,63-70,
73-75; 77-84, 86-87,
BPA06081 THOMPSON PUMP & MFG. CO.
18-23,30~31. 37-38, 42-47, 68
I
BPA06082 ACME DYNAMICS INC
56-64, 83-90
;
BPA06083 RING POWER CORP
!
1-3,8-9,20-22,25-28.30-31,39,41-48,51,
68-70; 77-81
I ,
BPA06084 ASAP ENTERPRISE~
1-19, 23, 33-35, 37-38, 40-41, 51-56, 62
67, 69-70, 73-76, 81-82
BPA06085 BRI~GS EqUIPMENT
, , ,
18-23, 30-31, 37-38, 42-47, 68
j Prepareq by RhqadsD on CTYCTR2 11/3/2005
Page 1
7.~ ,:!t:)!j,-j
A'TCT WI
Bg0l-lll-EIR AF:7.T q~~7./T7./E0
ltem Daily weeKly MonthlY MOOlIIzatlon Award
No. Description Rate Rate Rate (Round Trip) Basis
ASAP Eaulpment Rental & Sales 580.00 1,100.00 3,620.00 100.00 215.820.00
Godwin Pumps of America, Inc. No Bid No81d No Bid No Bid No Bid
Thompson Pump & M~nutacturinq Co., Inc. No Bid No Bid No Bid No Bid No Bid
4 Aerial bucket lift - electric, pusJ'l..around type, 25 to
30 foot olatform height '
IOue11fled Products List:
- Genie AWP-25S
- Genie AWp.30S
~ Skvleck SJPI25
- Skviack SJPX30
- JLG 30AM
- JLG 36AM
Acme Dvnamics. Inc. No 81d No Bid No Bid No8id Ne81d
Rino Power Corporation NoB/d No Bid No Bid NeBld NeBld
Nations Rent 75.00 185.00 325.00 40.00 3,475.00
BriaQ$ Eauipment No Bid No81d No Bid No Bid No Bid
ASAP EQuipment Rental & Sales 110.00 440.00 550.00 60.00 5,8150.00
Godwin Pumps of America. Inc. No81d No Bid NeBld No Bid No Bid
Thompson Pump & ManufactUring Co. Inc. NeBld No Bid NeBld No Sid No Bid
, ,
5 /IJ( compressor -125' cfm. trailer mountedl diesel
Qualified Products Ust:
- LeRol Q1250JE
- Sullalr 125 CFM
- Sullivan 012506
Acme Dvnamics. Inc., NoBid I No Bid No Bid No Bid No Sid
Rina Power Col'POration , NeBld No Bid NeBid No Bid NeBld
Nations Rent -;- 6'.00 166.00 300.00 40.00 3,070.00
8rloos EQuipment i No Bid No Bid No Sid No Bid No Bid
ASAP EaLlipment Rental & Siiles 78.00 300.00 780.00 40.00 4,400.00
Godwin Pumps of America, Inc. NeBld No Bid No Bid No Bid Ne Bid
Thomoson Pump & MaltufactUring Co., Inc. NeBld NeBld No Bid No Bid No Bid
i ,
6 Air compressor - 185 to 375 eFM. trailer mounted,
diesel I
Qualified Products List: '
- LeRoi Q185,
. LeRoI 0375 , ; ,
- lnoerscll-Rand P185WIR
- Ingersoll--Rand XP$75WIR :
. Sullelr 185 CFM ,
. Sullalr 375 CFM :
- Sullivan 01 S506
. Sullivan 037507 .
Acme Dvnamics. Inc. I No81d No Bid No Bid No Bid NO Bid
RIM Power Corporation I 96.00 215.00 540.00 160.00 4,890.00
,
NatioM Rent CLeRoi Q185) I 75.00 1,75.00 425.00 40.00 3.635.00
Nations Rent (Sulla/I" 185 CFM) I 125.00 375.00 675.00 40,00 6.085.00
NatiCl'ls Rent (SuUivan D185(6) , 125.00 ' 375.00 675.00 40.00 6.085.00
Briaas EquiDment ! No Bid No Bid No8id No Bid No Bid
ASAP EQuipment Rental i 76.00 300.00 760.00 40.00 4,400.00
Godwin Pumps of America. Inc. 77.00 231.00 693.00 100.00 4,327.00
rhompson Pump & Manufadturing Co.. loc. No Bid No Bid No Bid No Bid No Bid
i : ,
! ,
2
ria 39\;;id
^Trr WI
~CIAJ-7J7_"TQ
OC"7T 0007/T7/cn
Item ' , Dati Iy WeeKly Monthly MODlllzanon -Award
No. DeSCription Rate Rat~ Rate (Round Trip) Basis
1 Auger - one man type. ga3. to Include augerbit and :
exterl$ion "
Qualified Products List:
. General 210
. Ground Hoc 1 M5C .
,"" . StihJ BT120C
Acme Dynamics, Inc. No Bid, No Bid No Bid No Bid No Bid
R1na Power Cornoration No Bid No Bid No Bid NeBld ,NoBld
Nations Rent 50.00 150.00 225.00 40.00 2,485.00
Bocas Equipment . No Bid No Bid No Bid No Bid No Bid
ASAP EClIJIDment Rental & Sales 15.00 ,300.00 600.00 20.00 4,130.00
GodWIn Pumo.s of Am~ri~. In~. , No6id : No Bid No Bid No Bid No Bid
Thomo$Ol'l PumD & M,anUfacturlna Co.. Inc. No Bid No Bid No Bid No Bid No Bid
8 Auger drive (attachment) - Skid steer I mini :
excavator mounted. hydraulic. 6 to 12 inches :
diameter & up to 6 foot deep wI extensions if
necessary (does not include s~id steer or excavator)
, Qualified Products List
. Bobcat Model 12 , .
Acme Dynamics. Inc. No Bid No Bid No Bid No Bid No Bid
Rlna Power Corponrtlon 81.00 238.00 415.00 80.00 4.117.00
Nations Rent , 75.00 250.00 900.00 40.00 4,310.00
BriQQ$ EQulDment No Bid No Bid No Bid No Bid No Bid
ASAP EquIpment ~ntal & Sales 156.00 640.00 1,590.00 40.00 ' 8 890.00
Godwin Pumps of America, Inc. No Bid No Bid No Bid No Bid No Errd
Thompson Pump & Manufact\!Jrino Co., Int.' No Bid No Bid No Bid No Bid No Bid
I
9 Auger drive (attachm~nt) - Sl(ld steer J mihi
excavator mounted, hydraulic; 16 Inch dlainlltter & up
to 6 foot deep wI extensions If necttSSary (dOlltS not:
Include skid steer or excavator)
I nllsflfiAn Products Wi!!: I
. Bobcat Model 12
Acme Dvnamics. Inc. , NeBid No Bid No Bid No Bid No Bid
Rlna Power Corporation -;- 81.00 238.00 475.00 BO.oo 4,177.00
Natioll.$ Rent . T : No Bid No Bid No Bid No Bid No Bid
Brtaas EaulDment ! : No Bid No Bid No Bid No Bid No Bid
ASAP Equipment ~n~1 & Sales I 156.00 '840.00 1,590.00 40.00 8,990.00
GodwIn Pumps of Merica, Inc, I NO Bid No Bid No Bid No Bid No Bid
Thomo5On Pump & ManUfa~rina Co.. Inc. t No Bid No Bid No Bid No Bid NeBld
~ t : , I
,
10 Brush ChipPlilr - tral'-r JrlOlI~. 6 to 12/hch ,
,
.., caoacitv, aas ! i ;
i Ot mlifi..d Products List: I
- Morbark 2050 i
. Morbark 2070XL : , ,
i ; I
- Vermeer BC625 I : , I
. Vermeer 00935 I ,-:- I
, I ,
- Venneer BC1230~ ; , . I
Acme Dvnamics. Inc. ! No Bid No Bid No Bid No Bid No Bid
RinoPower COrooratlon, No Bid No Bid No Bid NeBld NeBld
Natlont Rent (Vermeer BC625l ; , 195.00 ' 495.00 1,300.00 40.00 9,290.00
NaUon8Rentrveomee~BCn230Al I 225.00 . 675.00 1.950.00 40.00 11,560.00
3
vel 39l;1,..j
^TrT WI
i=lCCl/-7.I7.-l='Ts:!
Q~:7T Q~~7IT71l='~
~Item Daily -Wei!<ly liifonthly Mobilization AW8rO
No. Description R3te Rat~ Rate (Round Trip) Ba::si$
Brlaas Equipment No Bid No Bid No Bid NQBld No Bid
ASAP Equipment Rental & S~es (8 ,;y 180.00 840.00 1 600.00 40.00 9,120.00
ASAP Equipment Rental &. Sales-{12 'f) 300.00 1,350.00 3.180.00 80.00 17,820.00
Godwin pumps of America, Inc. No Bid No Bid No Bid No Bid No Bid
Thompsol"t Pump & Manufacturing Co., Inc. No Bid No Bid No Bid No Bid No Bid
11 compactor - small plate type 3,300 Ib, gas, walk-
behind
Cuallfled Products List:
. Multial.llo MVC.90
. Wacker WP1550A
Acme DYnamics, Inc. No Bid No Bid No61d No Bid No Bid
RIng Power CoroOl'atlon No Bid No Bid No Bid NO Bid Noeld
Nations Rent 45.00 100.00 300.00 30.00 2,110.00
Brica$ EquiDment No Bid No Bid No Bid No Bid No Bid
ASAP Equipment Re",tal& S~les 48.00 200.00 490.00 20.00 2.810.00
Godwin Pumps of America. IOC. No Bid I No Bid NQBld No Bid No Bid
Thompson PUrTlP & Manufacturlno Co.. Inc:. No'Bid No Bid 'NoBld No Bid No Bid
I
12 Compactor - vibratory rarnrner type Oumping jack)
3000 Ib, gas
'OuaUfled Products List
~ Mlkasa MT.75HS
. Wad<er BS BOO
Acme Dvnamlcs, Inc. No Bid N6Bld No Bid No Bid No Bid
ronaPowerComoration No Bid No Bid No Bid No Bid No Bid
Nations Rent 40.00 100.00 295.00 30.00 2.015.00
B/ioas Eouipment No Bid No Bid No Bid No Bid No Bid
ASAP EQ\.Ilp."ent Rental & Sales 61.00 240.00 610.00 20.00 3,480.00
Godwin Pumps of Amerldi, Inc. No Bid No Bid No Bid No Bid No Bid
Thompson Pump & Manuf8Gtilliina Co., Inc- No Bid NO Bid No Bid No Bid No Bid
13 Compactor-large plate tYpe 7,000 Ib, ga$,
reversible , , .
. Quanfled ProdUcts LISt:
. Bomag BPR 301380
" ~ Mikasa MVH-200 : :
Acme DYnamics, Inc. I No Bid No Bid No Bid No Bid No Bid
RIna power Comoratlon ' , i No Bid NoBic:l NeBld No BId No Bid
NatlOl1$ Rent I 15.00 225.@ 625.00 30.00 3.895.00
Briggs Equipment ! i NoBle:! No Bid No Bid No Bid No Bid
MAP Equipment Rantal & Sales I I 91.00 370.00 920.00 20.00 5.210.00
GodWIn pump6 of America, ir\lc. No Bid. No Bid No Bid No Bid No Bid
Thompson Pump & Manl:lfaclUring Co., Inc. No Bid , No Bid No Bid No Bid No Bid
I
14 Concrete bUCiav - ri~e-on typ~. gas, 16 CIiJ.. Ft.
QuaUfled Products Ust: I !
i
. WacJ<ef WB-16 i
_ Whiteman WPB-16 I , ,
Acme DYnamics Iflc. I " .'. No Bid No Bid No Bid No Bid No Bid
;
Rina Power Corporation , No Bid No Bid No Bid No Bid NO Bid
Natlon$ Rent 50.00 150.00 450.00 40.00 2,110.00
Brlaas El1ulDmeflt : .. No Bid No aid No Bid No Bid NQBld
ASAP EquiDment Rental &ls8185 100.00 420.00 1,040.00 20.00 5,800.00
Godwin Pumps of America, ~c. ' , No Bid No Bid No Bid No Bid No Bid
4
rrA "':Jt:'lH..J
A Tel WI
890L-UZ;-E18
8E:Z;1 900Z;!1Z;!E0
.lem usuy Weekly MonmlY MOOlllzauon ....ware
No. Description Rate Rate Rate (Round Trip) Basis
Thompson Pump & Manufactuling Co., Inc. No Bid No Bid No Bid No Bid No Bid
15 Concrete mixer- 9 cu. Ft. capacity, towabte. aas
Qualified Products Ust:
. MUltiquip WC-92PBSC
- Whiteman WC-92P
Acme Dynamics, Ine. No Bid No Bid No Bid No Bid No Bid
Ring Power Coroomtion No Bid No Bid No Bid No Bid No Bid
Nations Rent : 45.00 125.0'0- 325.00 30.00 2,295.00
Bnaas Eauloment No Bid No Bid No Bid No Bid No BId
ASAP Equipment "Rental & Sales . , . 74.00 290.00 740.00 20.00 4,200.00
Godwin Pumps of America, I~. No BId No Bid No Bid No Bid No Bid
Thompson Pump & Manufacturing Co., Inc. No Bid No Bid No Bid No Bid No Bid
16 Concrete trowel- 36 Inch ga~. walk-behh'id
Qualified Products Ust ,
- Wacker',CT 36
. Whiteman J-4 5H
Acme Dynamics. Inc., .. No81d No Bid No Bid No Bid No Bid
Ring POWer Corporation No Bid No Bid No Bid No Bid No Bid
Nation. R.nt 45.00 125.00 325.00 30.0'0 2.295.00
Brfags !:aulpment No81d No Bid No Bid No Bid No Bid
ASAP Equipment Rental'I1. Sail,s , , 60.00 240.00 800.00 20.0'0 3A40.00
Godwin Pumps of America. II"/C. No Bid No Bid No Bid No Bid No Bid
Thompson Pump & ManufactUring Co., Inc. No Bid No Bid No Bid No Bid No Bid
.
17 Concrete trowel - 48 Inch. gas, walkMbehlnd
Qualified Products LISt: , .
. Wacker CT 48 .
. Whiteman B-48H ' I
Acme Dynamics. Inc. NoBid! No81d No Bid No Bid No Bid
Ring Power Corporation ; , No 81it ' No Bid NO Bid No Bid No Bid
Nations Rent i ! 45.00 125.00 325.00 30.00 2.285.00
Briggs Equipment I , No Bid' No Bid No BId No Bid No Bid
ASAP Equipment ~ental & $ale. 68.00 ' ,210.00 680.00 20.00 3,880.00
Godwin Pumps of AmeriCa IIhe. No Bid 'No Bid No Bid No Bid No Bid
Thompson Pump & ManUfacturina Co.. loe; No Bid No Bid No Bid No Bid No, Bid
: ,
,
18 Demolition hammer (atta~nt) - hydra",Iic. skid '
steerl mini excavate; mol.Jnt~ ! '
Qualified Products U6t: ! , : . '
. Indeco 351 SP ! i '
~ Kent KF-4QT ' ' , .
. Bobcat B700 ! : : . .
. Bobcat B850 ; , ,
;
- Bobcat B950 . : , ,
-
- Okada OKB302A . ,
Acme Dynamics, Inc. i . , : No Bid No Bid No Bid No Bid No Bid
Ring Power Corporation , $2G2~OD '$473l00 fa98.DO faD. DO 10,870.00
Nations Rent I i $15.00 $275.00 $800.00 $30.00 4.270.00
Briggs Equipment , i $115.00 . $325.00 $985.00 $150.00 6.340.00
ASAP Equipment Rental & Sales (Breaket Only) $150;00 ' $610.00 $1 470.00 $20.00 6.490,00
Godwin Pumps Of America. Inc. i , No Bid No Sid No Bid No Bid No Bid
Thompson Pump &: Manufa$turlng Co,. /he. , No Bid No :Bid No Bid No81d No Bid
i I
5
QCl -:J1:)l;1,..j
^TO WI
RC;ClJ-7.J7.-P.TR
RP.:7.T gClCll/tl./~Cl
Item Daily WeeKly Monthly Mobilization AwarO
No. Description Rate Rate Rate (Round Trip) Basis
19 Derrolltion hammer (attachment) - hydraulic,
bacthoe mounted, 1200 Ib
Queffied ProductsUSt:
- Int>>co 650HD
. Kent KF.9QT
- Okada OKB305
AcrYIe DYnamics. Inc. No Bid No Bid No Bid No Bid No Bid,
Rin~ power COrooratlon (416 wlHammer) $618-00 $1,620.00 $4.655.00 $160.00 30,315.00
Nations Rent $115.00 $315.00 $1,000.00 $50.00 7,950~OO
Brims Equipment , $200.00 $600.00 ' $1.500.00 $150.00 10,500.00
MIS' EauiDrnent Rental & Sales (Breaker Only) $200.00 $810.00 $2.220.00 $60.00 11,700.00
Godrvin Pumps of America. Inc. " No Bid No Bid No Bid No Bid Noeld
ThOll'1pson Pump & Manufactuting Co., Inc. No Bid No Bid No Bid No Bid No Bid
20 Dozar - 2.0 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP
Quaifled Products Ust.
. caterPillar 05
- Case 550
. John Oeere 450H -,
_ Kanatsu D38E.1 plus
ACI'1Ie Dynamics. Inc. No Bid No Bid No' Bid No Bid No Bid
R1nlJ power COl'Poratlon(caterpillar D5VGXL) $523.00 $1.520.00 $4.370.00 $160.00 26.780.00
Natlons Rent $355.00 : $1.100.00 $2.900.00 $100.00 18.350.00
BrlCQS Equipment $440.00 $1.276.00 $3.aoo.OO $150.00 22,400.00
ASAP EQuipment Rental & Sales $580.00 $2.330.00 5.830.00 150.00 33.150.00
GocJwln Pump$ of,Arr1erlca; Inc. No Bid ' .NoBld NeBld No Bid No Bid
Thomp$on Pump & ManufactUrinQ Co.. Inc. Noeid. No Bid No Bid NeBId No Bid
I
21 Dozer- 3.44 cu. Yd. blade capacity. hydraulic angle ,
blade, standard track:or LGP ,
OuelifiAd Products Ust: ,
w CeterolHllr 05M LGP ,
-CaseBSO
w John Deere 700H ,
- ,. - John Deere 7500
Acme Dvnamlcs. Inc, No Bid NeBld No Bid No Bid NeBld
mngPowerCorD~~on -;- No Bid $2.600.00 $6,700.00 $450.00 17 900.00
Nation. Rent ' $450.00 $1,495.00 $3.400.00 $100.00 23.212.00
Bng~ Equipment , - $540.00 $1~575.00 $4,100.00 $150.00 27,200.00
ASAP Eaulpment Rental '& Sales . $740.00 $2,950.00 $7.370.00 $300.00 42.570.00
Godwin PumgS of America, \lie. No Bid ' No Bid No Bid No Bid No Bid
ThomD$on Pump & ManufactUring Co., !riC. No Bid No Bid No Bid No Bid No Bid
: , I
I
I
22 Excavator - mini type, 9.5 foot dig depth, :rubber
track. diesel i
Qualified Products Tist I
- Bobcat 328 ~ ,
. Caterpillar 303.5 i
w Takeuchi TB125 I
Acme Dynamics, Inc. No Bid No Bid No BId No Sid No Bid
Ring power COrpQi1rtIon , $238.00 $618.00 $1.815.00 $160.00 11.867.00
illations Rent i j $125.00 $425.00 $1.045.00 $75.00 6.195.00
Briggs Equipment. : $210.00 '$850.00 $1.700.00 $150.00 11.200.00
ASAP EQuloment Rantal & $ales $220_00 $880.00 $2,580.00 $80.00 13.020.00
6
/~ -=Jt:)'drl
AHT WI
RC;~/ -7./ 7.-1=' tR
RF:7.1 q~~7.117.1F.~
Item I Daily weekly 'Monthly Mobilization Award '
No. De$Cl'lptlon Rate Rate Rate (Round Trip) Basis
Godwin Pumps of AmenCa', Ind. , No BId , No Bid No Bid No Bkt
No Bid
ThomDson Pump & ManufacturIng Co., Inc. No Bid No Bid No Bid No Bid NO Bid
23 Excavator long reach tyPe, 21 foot dig depth, steel
track. dIesel
QuaUfied Products List:
~ Kobelco SK160LC ,
- Caterpillar 3206L i
- JCB JS160Nl, I
- John Deere 160 LC
~ John Deere 200 LC . ,
Acme DYnamics. Inc. No Bid No Bid No Bid NeBld No Bid
Rlna Power Corporatln $665.00, $1 900.00 $5,178.00 $200.00 33,528.00
Nation. Rent : $4715.00 $1.415.00 $4,300.00 $100.00 24830.00
Briaas EauiDment $600.00 : $1,685.00 $4,500.00 $160.00 29 880.00
ASAP Equipment Rental: & sales $470.00 $1,880.00 $4,850.00 $200.00 26,880.00
GodWin Pumps of America, Inc. No Bid ' No Bid NoB~ No Bid No Bid
Thomoson Pumo & ManufactUring CO., Inc. No Bid No Bid No Bid No Bid No Bid:
r
24 ; ,
Excavator - track type. extendable boom arm, diesel
Qualified Products U$t :
Gradan XL 220 ,
- ,
Acme DYnamics, Inc.' , , No Bid No Bid No Bid No Bid No Bid
Rina Power CorporatiOl1 No Bid No Bid No Bid No Bid No Bid
Nations Rent ~ No BFd 'No Bid No Bid NaBld No Bid
BriOO8 Eaulcment :- No Bid No Bid No Bid No Bid No BkI
ASAP Equipment Rental & ~Ies No Bid No61d No Bid No Bid No Bid
Godwin Pumos of ~ericar Inc. No Bid No Bid No Bid NeBld No Bid
Thompson Pump & ManufactOrlng Co.. Inc. No Bid No Bid No Bid No Bid NO Bid
" ! , .
25 . , ' I '
Excavator..,. track tyPe.' eJden~Clble boom lltm, diesel
;
Qualified pmI'll lOts list , ~ ,
,
. Gradall XL 5200 , , , , .
Acme- DYnamics. Inc~ ' ' No6id No Bid No Bid NQ Bid No Bid
Ring Power Corporation ! NeBld 3,200.00 7,200.00 450.00 21,800.00
Nations Rent ! No Bid No Bid No Bid No Bid No Bid
Brines Eaulpment i ' ' No Bid No Bid NeBid No Bid No Bid
ASAP EauiDment Rental,& sales I No Bid No Bid ' NaBld No Bid No Bid
Godwin Pumps of AmeriCa. Ir.c. ! No Bid, :NoBld No Bid No Bid No Bid
i
ThomDson Pump & ManUfacturing Co..loc~ No Bid No Bid No Bid No Bid No Bid
! i
26 E.xcavCltor - wheel~ type, efendable ~ arm, '
dIesel ' , : ,
QuaOOed pmttuctJ; LIst: I ,
I
. Gradall XL 3300 ! ,
Acme DYnamics. Inc. ! ; No Bid No Bid No Bid NeBid No Bid
Rina Power Corporation ! [ , , No BleI 2.400.00 5,200.00 450.00 18,600.00
Nations Rent ! . No B,id No Bid . No Bid No Bid No Bid
BMaas Eauipment ! No Bid NaBld No Bid No Bid No Bid
ASAP Equioment ~ental & Sales , No Bid No Bid No Bid No Bid No Bid
Godwin PumpS of America. Inc. No Bid : No Bid No Bid No Bid No Bid
Thompson Pump &Manufa~turina Co.. Inc. No Bid No Bid , No Bid No Bid No Bid
I ! : ;
7
QIA -=l/:)\-l..-J
^HT WI
RGClJ-7,J7,-RTR
RF.:ll 900l/1G/E0
nfem DailY weeKly Montnly Mobilization Awaro
No. Descrptlon Rate i Rate Rate (Round Trip) Basis
21 Excavator - truck mounted 39.000 lb avw '4x4
r n'l~ rlfied Products List:
- Gradall XL 3100
Acme Dynamics. Inc. No Sid No Bid ' No Bid No Bid No Bid
Rlnll Power Corporation No Bid 2 800.00 6.3150.00 450.00 19.350.00
Natl(lns Rent No Bid No Bid No8id No81d No Bid
BriQ!js EQuipment NeBld No81d No Bid No Bid No Bid
ASAP Equipment Rental & Sales No Bid No Bid No Bid No Bid ' No Bid
Godwin Pumps of America, In~. No Bid No Bid No Bid NeBld No Bid
Thomoson Pump & Manufactliring Co.. Inc. No Bid No BId No Bid NeBid NeBld
,
28 8ccavator~ truck mounted. 62.000 Ib avw. 6x6
QuaDfiQd Products List.
- Gradedl XL 4100 ,
Acm9-Dvnami~. Inc., , No Bid No Bid No Bid No Bid No Bid
R1na Power Corooratlon . No BId $3,300.00 $7,600.00 ' $450.00 22.600.00
" Nations Rent No Bid Noeid No Bid No Bid No Bid
BrlgG6 Eauioment , NO Bid No Bid No Bid No Bid No Bid
ASAP EQuioment Rental & S~es No Bid , No Bid No Bid No Bid No Bid
Godwin Pumps of America, Inc. No Bid No Bid No Bid No Bid No Bid
Thompson PlImp- & Manufacttjrina Co.. Inc. No Bid NeBid No Bid No Bid No Bid
29 Forl<lift - warehouse type. 3OQO to 5000 Ib, capacity,
propane
Ouallfled Products Ust: , I
- Komatsu FG15
- Komatsu FG25
- Yale ERP035- TG
- Yale GP-RG
Acme-DYnamics, Inc. I No Bid No Bid No Bid NQ aid No Bid
Ring power Corporation No Bid No Bid NeBld No Bid No Bid
Nations Rent 100.00 ~OO.OO 900.00 80.00 5,340.00
Briggs EQulDment ! No Bid No Bid No Bid No Bid No Bid
--,- ASAP EquiDment Rental ~ Sales 13.000 Ib) - 130.00 540.00 1.300.00 100,00 7,760.00 '
ASP-P Equloment R81ltal& $19Ies 15.000 Ib) 170.00 680.0:0 1.100.00 100.00 9,920.00
Godwin Pumps of ArtIeriea. Irlc. No Bid No Bid No Bid No Bid No Bid
Thompson PUIl1D & Manufac:turlna'Co" Inc. No BId No Bid - NoBid No Bid No Bid
, i T,
30 Forklift _ rough terrain type. straight mastJ 6000 Ib
capacity. diesel 2WD or 4WI!) i '
Qualified Prnducts List , I
- Case 586G , I
- JCB 930 " ; ,
,
- John Deere 486E t- ;
Acme Dvrlamics, Inc. I i No Bid No Bid No Bid No Bid No Bid
Rlna Power COfooratlon I 238.0:0 618.00 1,473.00 160.00 11,725.00
Nations, Rent I 150.0:0 495.00 1,100.00 80.00 7,900.00
Brlgg. EquiDflMlnt ' , , ! 185.00 550.00 1,850.00 150.00 10,000.00
I
ASAP Equipment Rental & S!ales : 200.00 820.00 2,040.00 150.00 11,920.00
Godwin Pumps of Atnerica. Inc. ! No Bid No Bid No Bid No Bid No Bid
Thomoson Pump & Manufacturing Co., Imc. No Bid No Bid No Bid No Bid No Bid
i i . ,
31 Fo~lift-"tele8copl<f reach ~pe, 6000 Iblcapacity.36
t 045 foot lift heiaht.:dlesel : i .
Qualltled Products lllst: ! , .
8
n...nJ 7J7 .-.Tn
nr-7T onn7/T7/CQ
Item DailY weeKJy Monthly MOOillZation Award
No. DescriptiOn Rate . R$t~ Rate (Round Trip) Basis
- JCB 506C . ,
. Terex SS-636C
- Gradal! G943A ,
. Gradell 53409-45 ,
Acme DYnamics. Inc. No Bid No Bid No Bid No Bid No BId
- Ring Power COrDorationTcaterpillar Tl-1360B) 309.00 ' 855.00 2,280.00 160.00 15,810.00
Nations Rent 250.00 150.00 1.650.00 ' 100.00 12,550.00
Briggs Equipment . 280.00 775.00 2,300.00 1 SO.OO 14,400.00
ASAP Eoulpment Rente,1 & Sales 280.00 1.100.00 2.950.00 150.00 16.350.00
Godwin Pumps of America. Inc. No Bid No Bid No Bid No BId No Bid
Thompson Pump & Manufacturll'lCl Co., Inc. No Bid No Bid No Bid No Bid NoBld,
, ,
32 Generator-10KW. DQrteble. aas , ; .
Qualified Products List; , I
- MultiQuip GA.-9.7hz ,
Acme DYnamics, Inc. i , No Bid NeBld No Bid No Bid No Bid
RiM Power Corporation No Bid No Bid NO Bid No Bid No BIct
Nations Rent ! $65.00 $195.00 $575.00 $40.00 3,465.00 '
Brloos EQuipment . No Bid i NeBld No Bid No Bid No Bid
ASAP Eaulpment Rental & Sales No Bid No Bid No Bid No Bid NeBld,
Godwin PumplJ of America, Inc. (Honda EB11000
KIA) $83.00 $249.00 $748.00 $150.00 4,834.00
ThomDSon Pump & Manufactl:lring Co., InO. NoBip ,No Bid No Bid No Bid No Bid
! ,
13 Generator - 25 KW trailer mounted, dles~1 , ,
Qualified Producm LIst ,
: '
.. - MultiQuip DCA.25SSIU
,
Acme DYnamics, Inc. No BId No Bid No Bid No Bid No Bid
Ring Power CerooratlOn 250.00 366.00 1,095.00 200.00 10,655.00
Nations Rent , i , 100.00 3GO.00 795.00 40.00 51".00
i
Briggs EauiDrnent , , No Bid No Bid No Bid No Bid No Bid
ASAP EaulpmentRental & [sales 140.00 550.00 ~,100.00 60.00 7740.00
Godwin PumDS ofAtnerli::a, lhe. (GHP 26 KW-R) 127.00 ',382.00 1,146.00 150.00 1.084.00
Thoml)son Pump & ManUfacturing Co., Inc. No Bid No Bid No Bid No Bid No Bid
, , :
34 Generator - 45 KW. trailer mounted. diesel
Qualified Products Tist: ~ . "
- MultlQuip DCA-45SSIl) j ,
Acme DYnamics, loe. , No Bid 'No Bid No Bid No Bid No Bid
RIng Power Comoratlon ! I , 300.00 ~.()O 1,350.00 200,00 12.950.00
Natlona Rent I 120.00 : 390.00 ' 800.00 40.00 6,120.00
Briggs EcIuIDment , : : ' No BId ' NeBid No Bid No Bid No. Bid
ASAP EaulDment Rental & $tIes , 200.00 180.00 1,960.00 60.00 11,320.00
Godwin Pumps of ~~car Inc. CGHP jJS KW-Rli 180.00' : 540.00 1 620.00 150.00 9,780.00
Thompson PumD & ManUfacturing Co., Inc. No ald' No Bid No Bid No Bid NeBid
,
i .
35 Generator - 60 KW. traDer mounted die$el ,
Qualified PlnductS' LIst: ! , ,
;
. MultiQWP DCA-60SSIU [ ! , :
AemeDYnamics. Inc. i No Bid No Bid No Bid No Bid No Bid
Ring Power Corporation I : 450.00 i 885.00 1,995.00 200.00 18,955.00
Nations Rsnt tMultlaUIb 75i<Wl : . 185-:00 ' 575.00 · ' 1,250.00 75.00 9,400.00
Brims Eaulpment I : No aid No Bid No Bid No Bid No Bid
ASAP Eauipment Rilntal & $ales , 230.00 970.00 2.440.00 60.00 13.460.00
I Godwin Pumas ofAmeiica. Inc. fGHP!8S KW-Rf 180,00 ' 540.00 1.620.00 150.00 9.780.00
, I
I .
9
.t"'\1---l I
AT..,. IAlI
QCQJ-7J7_J:'TQ
QJ:':7T QaQ7/T7./~~
lfem . Daily weekly Monthly on . AWllrd
No. Oesariptilllo Rate Rate Rata (Round Trip) BasIs
Thompson pumo a. Manufacturing Co., InG. No BId No Bid No Bid No Bid No Bid
,
36 Generator-l00 KW,trailer mounted, diesel
Qualified Products List:
_ Maanum MMG 125
Acme Dynamics. Inc. No Bid No Bid No BId No Bid No Bid
RmgpQWerCoro~ijon No Bid No Bid No BId No Bid No Bld
Nations Rent No Bid No Bid No Bid No Bid No Bid
BrioaS Eaulpment No Bid No Bid No aid No Bid No Bid
ASAP eaulpment Rental & Sales No Bid No Bid Neaid No Bid No Bid '
Godwin Pumps of AIn,ric., Inc. 275.00 825.00 2.475.00 150.00 14,&25.00
Thompson Pumo & Manufacturing Co., Ine. No Bid ' No Bid No Bid NeBld No Bid
37 Grader -12 foot blade. diesel
Oualffied ProdUclS list:
_ John Deere 670C
. Champion 710
_ Komat6u GD53DA-2C -
Acme Dynamics, Inc. No Bid No Bid Noeid No Bid Neeld
-' " Ring power corporation (Caterpillar 120) , No Bid 2,100.00 4.350.00 450.00 No Bid
Nations Rent , 475.00 1,500.00 4,500.00 100.00 25.150.00
Briggs EQuipment ; 600.00 1,800.00 5.000.00 150.00 30.800.00
ASAP EQuipment R~mtal & Sales 560.00 2,230.00 !5.!S50.00 300.00 32,470.00
Godwin Pumps of America. Inc. NoBld No Bid No Bid No Bid No Bid
Thompson Pump & ManufacturlnQ Co. InC. No Bid No Bid No Bid No Bid No Bid
i
38 Grader/Maintaner - 10 foot blade, diesel
Qualified Produr.t~ Ust
- Rat FG65C
Acme Dynamics, Inc. No Bid No Bid No Bid No Bid No Bid
Ring power Corporation No Bid No Bid No Bid No Bid No Bid
NatlomsRent , i 225.00 695.00 2,300.00 100.00 12.230.00
BriggS Equipment ' -; 425.00 1 ;250.00 3.300.00 1 GO.OO 21.6GO.OO
ASAP EaulDment Rental & Sales 360.00 1,430.00 3,570.00 300.00 21,280.00
GodWIn PumDs of America, Inc. No Bid NeBld NeBld No Bid No Bid'
ThomlJSOn Pump & ManUfacturinQ Co., Inc. No Sid ~ No Bid No BId No BId No Bid
39 Uoht tower _ trailer rnourtted; 4000 watt, tllesel
I Qualtfled Products List: I
~ TerexlAmida AL4060D ,
,
_ Inger6oll-~nd Liabt$Ource i
. Magnum 4060 l-MH , -:
Acme Dvnamics, Inc. I No Bid ' No aid No Bid No Bid No Bid
Ring Power COrDoratlon I 100.00 195.00 456.00 160.00 4.878.00
I I
Nations Rent I 65.00 ; 225.00 , 425.00 30.00 3.395.00
BriQQS EQuipment I No BId : Noeld -: No Bid No Bid Noeld
I I
ASAP Eauioment Rantal & $ales i 91.00 370.00 920.00 40.00 5,290.00
Godwin Pumps of Am*rlca, Inc. i , 75.00 225,00 615.00 150.00 4,425.00
Thompson PumP & Manufacturing Co., Inc. NoClid ' Noeld -: NeBld No Bid No Bid
! I
40 Loader backhoe co~binatio~ - compactltyp8, 8 to 10
foot dig depth, rubber tired, gas, 8 to 18 inch buckets
as needed
Qualified Products List: ,
_ A1lmand TLB25 -, ,
10
^ Tn 1.1 I
RC;c:l/-7./7.-FTR
8[:61 9006/16/E0
Item Daily weekly Monthly Mobirlzation Awaru
No. Desaription Rate Rate Rate (Round Trip) Basis
- Te ~mite T5C ,
- Jom Deere 110
- Kubota L.35 ------
Acme-DYnamics, Inc.' No Bid No Bid No Bid No Bid Not:Jid
RinQ Power Corporation No Bid No Bid No Bid No Bid No Bid
Nation. Rent 125.00 ;J7~.OO 9lSO.00 75.00 6,500.00
Brlags Eauioment NO Bid NO Bid No Bid No Bid No Bid
ASPP EaulDment Rental & $aI8' 190.00 740.00 1,850.00 80.00 1Q,830.oo
Godwin Pumps of Anlel1ca, Inc. No Bid No Bid No Bid No Bid No Bid
Thomoson pumo & Manufact\,jrlng Co., Inc.' No Bid NO Bid No Bid No Bid No Bid
,
41 Loa-Cer backhoe combination.;.. 1 cu. Yd. loader
bUC~8t. nJbber tired. dles.l, 12 or 18 inch backhoe
bucmt as needed, 2WD or 4WD
Qualified Prrvill~ List:
- JoIln Deere 310E '
. Ca$e 580 ..
- CateiPnlar 416C
- JCB 214 , , .
Acine Dvnamics. Inc. . No Bid Nt> Bid No Bid No Bid No Bid
RInG Power Corporation , 214.00 618.00 1,520.00 160.00 11.062.00
.
NatioJ1$ Rent , 185.00 625.00 1.300.00 100.00 9,1!JO.OO
BriGGS EaulDm8nt , 245.00 695.00 1,850.00 150.00 12,580.00
ASNJ ECluiDment Rental & Sales 200.00 810.00 2.020.00 150.00 11.860~OO
Godwin PumDS of America. h1C. NoBld No Bid No Bid No Bid No Bid
f- ThomDSon Pump & ManufactUrim~ Co., Inc. No Bid No Bid No Bid No Bid No Bid
I ,
42 Loader backhoe 'combination -1 V. cU. Yd. loader
bucket, rubber tired, ~iesel. 12, 18.24.30 or 36 Inch
backhoe bucket 811 needed, ZWD or 4WD
, , i :
Qualified Produet8 LIlrl: I I
y Jolm Deere 4100 ; , .
. Case 590L ,
- Catemlllar 436 -; -~
-JCB214, '"
Acme-DYnamics. Inc. '" , , No Bid No Bid No Bid No Bid No Bid
Ring Power C 'on (Caterpillar 420Dl 238.00 665.00 1,615.00 160.00 12.055.00
NatJonlJ Rent ! I 225.00 i700.00 ,1.6150.00 100.00 11.600.00
,
Briggs Equloment. i ! , 265.00 '750.00 2, 100.00 150.00 13.650.00
ASMJ. EQUipment Rental & Sales , 280.00 1.100.00 2,580.00 150.00 15,980.00
Godwin Pumos of America, Inc. I No Bid :NoBid No Bid No Bid No Bid
Thompson PumD &,ManufaGturinl1 Co.. Inc. No Bid ""TNoBid : No Bid No Bid No Bid
; I : ' I
43 Loader - skid steer type, 1350 Ib rated capacity,
diesel :
Qualified Products I.:lst : ;
I
~' Bobcat 753 : I i ,
I I
- New Holland LX 565 I I I , ,
Acme Dvnamles. Inti I , NoB,Id i No Bid ,No Bid NeBld No Bid
Ring Power Corporation (Caterpillar 2(Z6) 190.00 475.00 1,140.00 160.00 9.380.00
"".tlons Rent , 135.00 435.00 995.00 75.00 7 ,085.00
;
Briaas Eauioment; i 170.00 . 520.bO 1.475.00 150.00 9,255.00
ASAP EQuirJrnenfFijin~l & Sales 260.00 1.030.00 2.820.00 80.00 15,060.00
I Godwin PumDs of America, Ino. . I " No Bid No Bid No Bid No Bid No Bid
t I
11
""'''''''L..1 I
AT...,. 1..11
QCClJ_7J7_!:'TQ
Q!:':7T q~~7./T7./r~
Item Daily Weekly Monthly i MOl>lIIzatlOn Award
NQ. Descriptkm Rate Rate Rate I (Round Trip) Basis
Thompson Pump & Manufacturlna Co., Inc. No81d No Bid No81d No Bid No Bid
,
44 Loader - skid :;teer type, 1900 Ib rated capacity, hi-
flow hvdraulics, diesel
Qualified produd!l L1!Qt: I
- Bobcat 863 H
- New Holland LX 865
AcmeDvnamiC8,lnc. No Bid No Bid No Bid No Bid No Bid
Ring Power Corooration (CB,terplllar 236) 214.00 523.00 1 235.00 180.00 10.387.00
NatiomJ Rent 160.00 480.00 1,085.00 75.00 7,735.00
Brlaas EauiDment i9S.00 800.00 1,700.00 150.00 10,650.00
ASAP EauiDment Rental & Sales 280.00 1,100.00 3 000.00 80.00 16,120.00
Godwin Pumps of America, Inc. No Bid No Bid No Bid No Bid No Bid
Thompson Pumo & Ml:lnufacturlna Co.. Inc. No Bid NeBld NeBld No Bid No Bid
45 Loader-compact, rubbertraoktype, ,48 cu. Yd,
bucket caoacltv, diesel "
, Qusllfled Produ~ List:
, ~ Bobcat T 190
,
- Takeuchi TL126'
Acme Dvnamlcs Inc. : , Ne81d No Bid No Bid No Bid No Bid
Rlna power COl'Doratior1 (CaterPillar 257\ 285.00 808.00 1,995.00 160.00 14,417.00
Nations Rent ; , 175.00 525.00 1 575.00 71S.DO 9,226.00
Briggs EQulament 210.00 650.00 1,900.00 1 GO.OO 11,400.00
ASAP cauiDment Rental & Sales ' 280.00 1.100.00 2,750.00 80.00 15,870.00
Godwin Pumps of Amerl~, IflC. No Bid No Bid ' No Bid No Sid No Bid
Thompson Puri\P& Mamifacttlrlng Co., Inc::. No Bid No Bid No Bid No Bid No Bid
46 Loader -landscape type, wI box blade attachment, . ,
diesel
,Qualified Products Ust:
- John Deere 4310
~ John Deere 4200 "
- John Deere 4500
_ John Deere 210LE
~ Case 570L XT
- New Holland TC33D
Acme OVnemlcs, Ine; , No Bid No Bid No Bid No Bid No Bid
, '
, ;
Ring Power Corporation (Cat/Challenaer MT295) 238.00 ,570.00 1.568.00 160.00 11 ,828.00
Nations Rent I I 225.00 '675.00 1,675.00 75.00 11,425.00
Briaas EaulDment , T , 225.00 ,685.00 1,850.00 150.00 11,980.00
ASAP 'Equipment Rental:& S~les ; 220.oP '8DO.OO 2,220.00 150.00 12.940.00
Godwin Pumps of Americo, Il:Ie. I NoBilj 'No Bid No Bid No Bid No Bid
Thomoson Pump & l\t1anilfacturlna Co., Tnc. No Bit! ,No Bid No Bid No Bid No Bid
i ! .
47 Loader _ wheel typal artlj:Ulated,.2 to 2 y.j cu. Yd. .
bucket, rubber tired, diesel I :
oualifiRd ProductS Ust: ! , :
" John Deere 444H , ,
- Case 621C , '1
- JCB 426 HT ,
- Komatsu W A 180--3 ,
,
. CateroJllar 928G J
- Volvo L50D No Bid No Bid
Acme bvnamicS. Inc. No Bid No Bid No Bid
12
~T -=11:)\j,..j
^ HI Wi
890L-UZ:-E18
Bs:z:r 900z:/rZ:/E0
-----.
Item ually W.ekly Monthly Mobill2:atron Awsra
No. DesCl1ptll{n Rate Rate Rate (Ro!lnd Trip) Basis
Ring Power CorDOratlon (CaterDiIlar 924G) 410.00; 1,200.00 3,450.00 160.00 21.190.00
Nations Rent , j No Bid No Bid No Bid No Bid No Bid
-.-
Brlcas Eaulpment , 540.00 1.500.00 4,200.00 150.00 27,000.00
ASAP Equipment R.ntal: & S~l.s 400.00 1,470.00 4,410.00 300.00 23,490.00
Godwin Pumps of America. Inc. No Bid No Bid NeBid No Bid No Bid
Thompson Pump & M;anutactUrina Co., Inc. No Bid No Bid No Bid No Bid No Bid
48 Loader wheel type. articulated, 3 to 3 ~ cu. Yd.
bucket. rubber tired. diesel
Qualified Products Ust:
w John Deere 544H
. John Deere 624H
- JCB 436ZX
- Cateroillar 950G , ,
. Volvo L70D , ,
Acme Dynamics, Inc. i , No Bid , No Bid No Bid No Bid NO Bid
Rina Power Corporation (Caterpillar 9380\ No Bid ; 2.000.00 4.050,00 450.00 13,850.00
,
Nations Rent 380.00 , 1.16'.00 3,200.00 100.00 19,000.00
BrlglPf Equipment , , 600.00 1,7110.00 4,100.00 150.00 30,200.00
ASAP Equipment Rental & ~ales 400.00 1,47:0.00 4,410.00 300.00 23,480.00'
GOdwin Pumos of America. Ine. , No Bid No Bid No BId No Bid No Bid
Thompson Pump & Manufacturino CO., Inc. No Bid No Bid No Bid No Bid No Bid
" , '
49 Mortarmlxer-7 cu. Ft. CBOBCitv. towable. aas , :
OUalifl9d pmdlld!l List: ;
w Whiteman WM-700P
- MulticiUlo WM-700P;.aHC f. ,
Acme Dvnamics.'lnc. No Bid No Bid . No Bid No Bid No Bid
Rirm' Power Corporation No Bid No Bid No Bid No Bid No Bid
Nation. Rent 45.00 135.00 375.00 30.00 2,385.00
Briaas Equipment i . ! , No Bid No Bid No Bid No Bid No Bid
ASAP EaulDment ~ntal & Sales {Attachment Onl 61.00 240.00 810.00 40.00 3,560.00
Godwin Pumps of AnjIerlca. lric. No Bid NeBid No Bid No Bid No Bid
Thompson Pump & ManUfactVrina Co., Int. No Bid NoBle:! No Bid No Bid No Bid
! ,
, ,
50 Mower - high wheel type, for brush cutting,walk-
behind, gaS ,
Qualified prnducts Ust:
- BilJygoet 802401 H : i ;
. DR Brush Mower 1$ HP i ! :
"
Acme DvnamiC$. Inc. I No Bid :No Sid ! No Bid No Bid No Bid
Ring Power Corporation , No Bid No Bid No Bid No Bid No Bid
;
Nations Rent . ' , 40.00 125.00 375.00 30.00 2,115.00
Briggs Equipment ! ! , No Bid No Bid No Bid No Bid No Bid
ASAP EQuipment R~ntal & Sales : No Bid ,NeBld No Bid No Bid No Bid
Godwin Purnos of Amerlca. Inc.. T No Bid 'No Bid No BId Noeld No Bid
Thompson Pump & iMarMadturlng Co.. Ij'lc. NoBid' No Bid No Bid No Bid No Bid
. T I : .
51 Milling machlne/Pla'1sr ($tIa~r~ent) - sk~steer
mounted. 18 Inch drom width hi-flow hvd ullcs ,
Ql.lalIDed Products Uat ' ; ; i ' , ,
;
- Bobcat Hi-flow planer ! ! ,
Acme Dynamics. Inc. i I No Bid No Bid No Bid ' NoBld No Bid
I
Ring Power COr'PQration (l!:at pe8 Cold, Planer} 399.00 1~ 197.00 2.394.00 , 160.00 19.792.00
I Nations Rent I ! , 200.00 475.00 1.250.00 30.00 9,270.00
, '
13
ATI"T 1.11
O~nJ_7J7_C"TO
OC.7T o~~7/T7J~~
ltem
No. Description
i3rtaos Eauloment
, ASAP EqulJ)ment R,nlal & 5alvIII
Godwin Pumos of AmeriCa, Inc.
Thompson Pumo & ManufactUring Co., lnc.
52 Pressure washer - ~Id water. 2000 psi, portable,
~as. w/lJun, hose, wand & tics
Qualified Pmducts List: '
- MiTM JP-2003
~ AItoISlmoson DDF-200o..CHS
- Landa PC4-20321
- BE PE-2055 !
Acme Dynamics. Inc.
Ring Power CorPOration
Natlon$ Rent
BriglJs Equipment
ASAP Eaolmnent Rental & Sales
Godwin PumDS of America, Inc.
Thompson Pump & Manufacturing Co.. Inc.
53 Pressure washer - cold Water, 3000 psi, pOrtable,
gas, wI aun. hosE!, ~nd & tiPS
Qualified Products u$t:
- MiTM CW.3004
- Alto/Simpson WSoJOOQ.GH$
- Land~ PC4-30321 ·
Acme Dvnamics. Inc.
Rino power Corporation
Nations Rent
Snaas EQuipment
ASAP EaulDment ~ental & Sales
Godwin Pump", of Amerita. Ihe.
Thompson Pump & ManUfacluring Co.. Inc.
I . :
54 Pressure washer - c9ld wat9~, 4000 psi, portable,
IgBS, w/ aun, hose, wand & tips '
IOue11fled prl'ldUcts List:
- MiTM CW-4003
_ AItoIstmpson WS-4040~CVS
- BE PE~13 !
Acme Dynamics. tne.
R1na power Corporation i
Nations Rent :
Briggs Eauipment . I
ASAP Equipment Rental & ISales '
Godwin Pun'IDS of Ainerlca, Ihe. ' ,
Thompson Pump & Manufacl:urina Co.. Inc.
: : !
55 Pump - 4 inch centrifugal, iler mounted. $elf-
priming, diesel. w/ one suctiqn hose and rne
discharoe hose (sound atteniJated) i
Qualified Products Ust! '
_ Thomason 4- HT :
~ Wacker PTS 4V :
Acme Dvnamics. Inc. !
.
,
-r
Daily
Rate
800.00
350.00 ,
No Bid ,
No Bid
No Bid
No Bid
45.00
No Bid '
" 51.00
No Bid
'No Bid
No Bid
No Bid
50.00
NeBld
62.00
No Bid
No Bid
-:
No Sid
No BId
50.00 '
No Bid
91.00
No Bid'
No Bid
,
225.00
WeeKlY
Rate
2,275.00
',490.00
No Bid
No Bid
No Bid
No Bid
135.00
NeBid
200.00
No Bid
No81d
No Bid
No Bid
150.00
No Bid
250.00
No Bid
No Bid
, '
,
iNoBid
'No Bid
1~O.OO
" No Bid
310.00
:No8ld
No Bid
675.00
Monthly
Rate
4,650.00
3.330.00
No Bid
NO Bid
No Bid
No Bid
375.00
No Bid
510.00
No Bid
No Bid
No Bid
No Bid
440.00
No Bid
620.00
NeBid
No Bid
NO Bid
No Bid
450.00
NeBld
1,100.00
No Bid
No Bid
1.925.00
'Mobll~t1on
(Round Trip)
150.00
&0.00
No Bid
No Bid
No Bid
No Bid
30.00
No Bid
20.00
NQ Bid
No Bid
No Bid
No Bid
30.00
No Bid
20.00
No Bid
No Bid
No Bid
No Bid
30.00
No Bid
20.00
No Bid
, No Bid
100.00
Award
Basis
38.350.00
20.030.00
No Bid
No BId
No Sid
No Bid
2,385.00
No Bid
2,920.00
No Bid
No Bid
No Bid
No Bid
2,6&0.00
No Bid
3,580.00
No Bid
No Bid
"
,
No Bid
No Bid
2 670.00
No Bid
5.390.00
No Bid
No Bid
,
11,775.00
14
-'-==--=:_:.;~-=
Item DailY Weekly MonmlY MOOlll2:atlOO Awaro
No. Description Rate Rate Rate (Round Trip) B8S/S
Ring Pc)wer COrDoration (Cat./Sykes) 300.00 400.0$ 1.200.00 . 200.00 12,600.00
Natlol1$ Rent No Bid No Bid No BId No B.id No Bid
Briaas EQuloment : No Bid i No Bid No Bid No Bid No Bid
ASAP EauiDm.nt ~ntal & Sales 95.00 350.00 870.00 20.00 5,200.00
Godwin Pumps of America, Inc. (Godwin
CD100M CS) . 194.00 572.00 1,709.00 150.00 10.417.00
Thompson Pump & Manufact\.lrlng Co., Ino. 189,00 567.00 1,700.00 220.00 10,518.00
, ,
56 Pump - 6 Inch centrifugeil. tr$l1er mounted, self-
priming. diesel. wI one Iluctiort hose and one
dlscharae hose (sound attenuated)
Qualified Products List: .
~ Thompson 6 HT
- Wacker PT 6LT
Acme Dvmunlcs, Inc. , 240.00 72D.00 1,950.00 1oo.DO 12.430.00
Ring Power COrPOration (Cat:/SYkes) 500.00 700.00 1,900.00 200.00 20.500.00
Nations Rent ; NeBld NbBld No Bid No Bid No Bid
Briggs Equipment I No Bid NbBId No BId No Bkl No Bid
ASAP Equipment Ren~1 & Sale. 1~8.00 889.00 1.760.00 40.00 11,058.00
Godwin Pumps of Al;nerlce. Inc. (Godwin CD 160M C 290.00 870.00 2.610.00 150.00 15,390.00'
Thompaon Pump & ManuhlCturlna Co., Inc. 222.00 667.00 2.000.00 250.00 12,328.00
57 Pump - 8 inch centrf,fugal, tr~i1er mounted. self-
priming, diesel, wI one suction hose and one
discharae hose (sound attenuated) ,
I Qualified Products List , ,
w Thompson 8 HTC
Acme DYnamics, Inc., 250.00 '150.00 1,975.00 100.00 12.875.00
Ring Power Corpo,..tion ,(CaUSYkes) , 600.00 800.00 2,400.00 200.00 24~.OO
Nations Rent , I No Bid No Bid ' NoBid No Bid No Bid
Briggs Equipment . No Bid 'No Bid No Bid No Bkl No Bid
,
ASM' Equipment R~ntal:& Sales , No Bid NeBld No Bid No Bid No8id
Godwin Pumps of ArperlCa. I~c. (Godwin CD 225M' 1,313:()O
CS) . 450.00 3.835.00 , 150.00 23,161.00
Thompson Pump &i Ma(lufal;tLlrlng Co.' Inc. , 300.00 900.00 2,700.00 300.00 16.500.00
, , i
58 Pump - 12 inch cent.rifugal. s~lf~prlmJng di~$el, trailer .
mounted with one suction hose and one discharge
hose (sOund attenuated) i : ' ,
Qualified Prndum List. i , ,
i
- Thompson 12HTC, ,
, ,
Acme DynamiCS, Irlc. I I . 940.0iD ' 2;S15.QO 17,500.00 100.00 47,3&0.00
Ring Power Corporation' i ' , , No Bid i No Bid No Bid No Bid No Bid
Nations Rent : I I ' , No Bid, No Bid No Sid No Bid No Bid
Briggs EqUipment : I No Bid' i~oBid No Bid No Bid No Bid
ASAP EQuipment Rental & S alea, No Bid No BId No Bid , No Bid No Bid
, Godwin Pump$ of Am_rica Inc. (GodvVln DPC300 ,
CS) ! i 715.00 ' 2,075.00 5,985.00 200.00 36,535.00
ThompSon Pump ~ Marlut.icturlng Coi, Inc. , 472.00 1,417.00 .4,250.00 400.00 25,678.00
, I i , i ,
59 Pump-12ln cen~gal. Jelfrpriming dlefiel. $kld , ,
mounted with one suctlor; hose and one discharge!
, . I !: ' ,
hose (sound attenuated)! ! i
Qusllfied Products 1LIst: I i :
I - Thomoson 12HTC ! , :
15
Item Dally WeeKly Monthly Mobil~tiOf1 Award
No. Description Rate Rate Rate (Round Trip) Basis
Acme Dvnamics, Inc. 940.00 2,815.00 1,$00.00 100.00 47.360.00
Ring Power Corooratfon No Bid No Bid No Bid NeBld No Bid
Nations Rent No Bid No Bid No Bid No Bid NO Bid
Brices EcuiDment No Bid No Bid NeBld NeBld No Bid
ASAP Equipment Rental & Sales No Bid No Bid NeBid No Bid No Bid
Godwin PumP8 of America, Inc. (Godwin DPC300
CS) 715.00 2,075.00 5,985.00 200.00 36.535.00
Thompson Pump & Manufacturing Co.. Inc. No Bid No Bid NO Bid Neeid No Bid
60 Pump - 8 Inch centrifugal, self.prlmlng diesel, trailer
mounted with one suction hose and one discharge
hose {non sound attenuated}
IQuallfled Products Ust:
. Thompson 8V . ,
Acme DYnamics. Ine. 215.00 645.00 1,900.00 100.00 11.330.00
Ring Power COrDoration 600.00 800.00 2,400.00 200.00 24.400.DO
Nations Rent [ NaBld No Bid No Bid NeBid No Bid
BriggS EQl,llpment No Bid No Bid No Bid No Bid No Sid
ASAP Eauipment Rental & Sales No Bid No Bid No Bid No Bid No Bid
Godwin PumoS of America, Int. (CD 225M)' 379.00 1.108.00 3.325.00 150.00 19,727.00
Thompson Pump & ManUfacturing Co., Inc. 200.00 '600.00 1,800.00 300.00 11,400.00
I I
61 Pump - 6 inch centrifugal~ self..prlmlng diesel, trailer ,
mounted with one suctlonhos8 and one discharge
hose (non sound attenuated)
j Qualifled Products List: ,
- ThomDSon 6HT
- Wacker PT.6LT ,
,
'" MQ-61TOD I
I
! Acme Dynamics. Inc. 205.00 ; 615.00 1,825.00 100.00 10,835.00
RIng power C 'on (Cat. Sykes) 000.00 · 800.00 2.400.00 200.00 24,400.00
[ Nations Rent 140.00 ; 425.00 1,325.00 50.00 1,425.00
Bricu1$ EQuipment -,- , . No Bid No Bid No Bid No Bid NoBld
ASAP EQuipment Rental & Sales , 186.00 i 889.00 1,760.00 40.00 11,056.00
Godwin Pumps of America, Inp.7CD 150M) . 214.00 643.00 1.927.00 150.00 11.519.00
Thompson Pump & Mariutatturlng Co.. Inc. 177.00' , 533.00 1.600.00 250.00 10.042.00
,
62 Pump - 4 inch centrifugal, se~-primlng, trailer
mounted with one su~on hoSe and one discharge
hose (non sound 'attenuated) ; :.
Qualified Products List: : ,
- Thomoson 4HT ,
'" MQ.41TDH . I : T
Acme Dynamics, Inc. , 140.00 ~O.OO 1,200.00 100.00 1.480.00
[ Ring power Corpof~t1on'.(Cat SYkes) : ; 300.00 , 400.00 1,200.00 200.00 12,600.00
Nations Rent , : : , No Bid No ijld No Bid No Bid NO Bid
Brlgas Eaulpment l NO Bid . No Bid No Bid No Bid No Bid
! ASAP EauiDment Ren~1 &I$ales ! 95.00 360.00 870.00 2D.00 5,200.00
Godwin pumps of ~firlca.lnc;.(CD 1P!lM) 150.00 432.00 ' 1.288.00 150.00 8.117.00
I TholTlPson Pump & MilllufaQturing Co., Ihe. 150.00 , 450.00 1.350,00 100.00 8.050.00'
: I : : :
, 63 Pump - 4 Inch double diaph~gm, trailer mounted
with one suction hos~ and on~ dlschargeihose (non
$ ound attenuated): .
OuaHfled Products List:
16
.. ..-.~....,~.--.~~....
. ... ..... -... ....~-, .~._.._...,-,._.~--_...,----. .-.-.-......-
Item Oaily We8Kfy . Monthly Mo6lliZation Award
No. ; Description Rate i Rate Rate (Round Trip) Basis
~ ThomDSOfl 40 . :
~me DynamIcs, Inc. 90.00 270.00 750.00 100.00 4,830.00
Rina Power Corporation Cat. Sykes) No Bid No Bid No Bid No Bid No Bid
Nations Rent 65.00 200.00 825.00 40.00 3,535.00
Bnaos Equioment No Bid No Bid No Bid NeBld NO BId
ASAP EQulr>ment R~ntal & Sale8 164.00 600.00 1.240.00 20.00 8.640.00
Godwin Pumos of America, Inc. (Godwin 4"00) 110.00 330.00 990.00 150.00 6.210.00
Th9mp8on Pump & Manufacturlna Co;. Inc. 76.00 233.00 700.00 100.00 4.312.00
.
64- Pump - dewatering tYPe. 3" ~ntrifugal ~sh. roll
cagr.t portable with onesuctlon hose and one
discharae hose ,
Qualified Products List:
- Wac:ker PT3A . .
. MQ QP-301THC :
Acme DYnamics, lne, No Bid . No Bid No Bid No Bid No Bid
Rina Power CorooratlOh No Bid No Bid No Bid No Bid No Bid
Nations Rent I I 45.00 145.00 375.00 30.00 2.425.00
Brlgas Equipment ; ~ No BIij No Bid No Bid No Bid No Bid
ASAP EaufDlTlent Rental' & SaleS 72.00. .266.00 644.00 20.00 3.948.00 .
Godwtn Pumps of Amel1ca~ Inc. (Honda WT301 . 48.00' 148.00 445.00 150;00 3;107.00
Thomoson Pump & Manu'-cturlna Co.. Inc. . 44.00 ' '133.00 400.00 100.00 2,852.00
. .~ , . :
65 Pump - dewatering type. 4" centrifugal trlilsh,roll .
cage portable with one suctiqn hose and one
dlscharae ho;e
Qualified Pmducbl Ust ;
. Wacker PTS 4V . I
. MQ QP-40THC ; .
; !
Acme DYnamIcs, Inc. Nosld NOBI~ No Bid No6id No Bid
Rlna Power Corocrat/on ; . 300.00 , Aoo.OO 1,200.00 200.00 12,600.00
NatIons Rent I , 50.00 . 150.00 425.00 30.00 2,845.00
Briggs EQuipment . : No Bid 'No Bid No Bid No Bid No Bid
ASAP Eauloment Rental & S.'es NeBld .NoBid No Bid No BId No Bid
Godwin Puml)S of Americai Inc. (Honda WT401 . 72.00 215.00 844.00 150.00 4,284.00
Thom-paon Pump & Manufacturing CoJ. Inc;. 150.00 ; 450.00 1,350.00 100.00 8,050.00
, . .
66 ! ; ,
Pump - dewatering type, 3- cJiaphragm trilsh portable
with one suction ho~e and o~e discharge: hOse ' I
Qualified Products List : ,
. Wacker PDT 3A i I .
i I
. MQ DJ06H I ! . .
; I
Acme Dvnamlcs. Inc. I I No Bid iNoBid No Bid No Bid No Bid
i .
Rlna Power Comoratlon 1tCaVSvkes) : No Bid No Bid No Bid No Bid No Bid
NatloM Rent I - 45.QO 145.00 375.00 30.00 2.425.00
8naas Eauioment I ! No BId 'No Bid No Bid No Bid No Bid
!
ASAP Eauicment Rental & S ales I , 72.00 . 266.00 644.00 20.00 3.948.00
Godwin Pumo$ of Am.lllca Inc:. (Honda) . 84.00 194.00 382.00 100.00 3,478.00
Thompson Pump & Manut. cturing cor. Inc. 35.00 105.00 315.00 100.00 2,185.00
! .
67 Roller- riding type. ;asphalt, ~ibratory. o~etoo,
double drum . I . .
Qualified Products IJgt: i , -: ,
I
1 -WackerRD '1A i I : : . .
I
17
OT :Jt:)~.J
ATI"T 1.11
,...,,...,...,,, "'"7 ,..". ,........,....
.~, ~....~........-.-
ltem Daily weekly Monthly MobilIZation Award
No. Description Rate Rate Rate (Round Trip) Basis
- Ingersoll. Rand 00-12 ,
~ MultlQulo AR.1 JHC
~ Bomag BW900
Acme Dynamics Inc; No Bid No Bid No Bid No Bid No Bid
RIng Power Comoration . No Bid . No Sid No Sid NaBid No Bid
Nations Rent 100.00 300.00 896.00 50.00 5,285.00
Briaas EQuipment No Bid No Bid No Bid No Bid No Bid
ASAP EauiDm.nt Ritntal.& Sales 150.00 690.0.0 1.470.00 80.00 8,660.00
Godwin Pumps of America, Inc. No Bid No Bid No Bid NO Bid No Bid
Thomoson Pump & Manufacturing Co.. Inc. No Bid No Bid No Bid No Bid No Sid
68 Roller - tiding type, vibratory, 3 to 5 ton. double drum
QualifJAd Pmriucts list:
- Hamm HO 12 I
. Incarsoll-Rand 00-24
- InQersoll-Rand DD-32
- Catercillar CB214C
- Bomag 1200
Acme Dynamics, Inc. No Bid No Sid No Bid No Bid No Bid
Rina Power Corporation I . 190.00 570.00 1.710.00 160.00 10.330.00
Nation8 Rant . iS0.0p :485.00 1.185.00 80.00 7.98'.00
Bnae. Equipment 220.00 620.00 1,67$.00 100.00 11,355.00
ASAP cQuipmentRental;& S~les 200.00 ' 780.C>O 2.360.00 80.00 11,600.00
Godwin Pumps of America, Inc. NoBld' No Bid No Bid No Bid No Bid
ThOmDson Pump & ManlllfaCi!rim:J Co..lric. No Bid No Bid No Bid No Bid No Bid
: :
69 Roller - riding type, vlbrat9ry i 6 to 10 ton.: slngie or'
double drum . .
Qualified Products Ust: .
- Hwac C.830B
- lngenwll-Rand SD 40D
- InglJr'Soll-Rand SO 70D
w CiatetOJllar CB534C
- Bom81J 1720 , ;
~ Bomalr141D -,
w Hamm 3205 .
- Hamm 3307 i
Acme Dynamics. Inc. I I : No Bid No Bid No Bid No Bid No Bid
I
Ring Power Corooratlon ~Cateroillar CB214E) No Bid 1,215.00 3.125.00 450.00 10.025.00
Nations Rent Onaetsofl-Rand SO 4OD) I 195.00 t 595.00 1.600.00 75.00 . 10.130.00
Nations Rent C1nfJlilfsoll.Rand SO 700) , i 240.00 '750.00 1.900.00 75.00 12.400.00
BriAQS EqulDment i I 345.00 97lS.00 2,850.00 150.00 17.700.00
ASAP EqulDment Rental & lSalN 240.QO ; ~80.00 2,950~OO 100.00 14.470.00
Godwin Pumos of Amerlba, I hc. I , NO Bid .tlIoBid . No Bid No Bid No Sid
I
ThomDSon Pump & Manl,1fBC turina Co.. Ine. No Bid : No Bid No Bid No Bid No Bid
i .
70 Roller - riding type, vlbratoryir 25 to 35 ton, single
drvm :, ' .
Qualifil'lrf Products List: i I
~ Ingersoll-Rand SD: 1000 I i
. Hamm 3412 :
- Cateroillar CS563
. Boma IJ BW213-3 ! !
AcmeC lYnam/os. Inc. : . No Bid No Bid No Bid No Bid No Bid
18
hT ::jC)\j,-j
AT(1 1...11
ornJ 7'7 '-'TlI
.....~,....""T/"T""""T t.-.......
:.
Item Daily Weekly , MOnthly Mobfif:zatlOn Awaro
No. Descripti'on Rate Rate .Rate (Round Trip) Basis
Ring Power Corporation : No Bid $1',200.00 $2,950.00 $440.00 9 550.00
Nations Rent $275.00 $87'.00 $2.400.00 $100.00 14,'50.00
Brlaai Equipment , $475.00 $1.275.00 $3.300.00 $150.00 23,250.00
ASAP Eauloment Rental & Sales $340.00 $1,340.00 $4,150.00 $100.00 20,110.00
Godwin PiIfiUi" of Amerlca, hie. No Bid No Bid NeBid No Bid No Bid
Thompson Pump & ManufactUrinC/ Co., Ine. No Bid No Bid . NoBld No Bid No Bid
. .
71 Sand blaster - 1.5 cU. Ft. pot bapacity, 1 00lb rated
capaclty. Includes hoSe, nozzle. respIrator with
Drotectlve hood & alr:8UDo!V hose :
nuallfled Products Ust:
- Schmidt 8400-639-01 , ,
Acme Ovnemlcs. Inc. No Bid No Bid Neeld No Bid No Bid
Ring Power Corooratlon . No Bid No Bid No Bid No Bid No Bid
Natfons Rent No Bid No Bid No Bid No Bid No Bid
Briacs EaulDment , 1 : No Bid No Bid No Bid No Bid No Bid
ASAP EauiDment Rental '& Sales No Sid No Bid No Bid No Bid No Bid
Godwin Pumos of Amerkla. 11;0. No Bid No Bid NeBid NaBld No Bid
Thompson Puma & ManufactlJrlna Co.. Inc. No Bid NeBid NeBid No Bid No Bid
.
72 Sand blaster- 6.5 cu. Fl pot capacity, 600 !b'rated'
capacity, Includes hose, nozzle. resplrato~ with
lorotective hood & alr'suoDlv hose '
IOuallfied Products ~:
- Schmidt 6400-639-03 ,
.
Acme Dvnemi(;$. lno: , : . No Bid No BId No Bid No Bid No Bid
Ring Power Corporation . , : .. No Bid No Bid No Bid No Bid No Bid
Nations Rent : No BId No Bid No BId No Bid No BId
Briggs Eouioment . No Bid. No Bid No BId No Bid No Bid
ASAP Eouiomcnt Rental & Sales , No Bid: No Bid NaBld No Bid No Bid
Godwin Pumos of AmeriCa, Inc. No Bid No Bid No Bid No Bid No Bid
Thompson PumD & ManUfactUrinc COo. 111c. , No BId 'No BId No Bid No Bid No Bid
. , ,
73 Saw - ~Ik-behind tfPe.14 '7c:h blade capacity, g~
Qualifled Products Ust: 1
~ Edco ASB-14 I ! ,
~ Core Cut CC1109H 'Cc ,
- Tamet ES14 " ~
; .
. Tamet Portacut IV ' : r
Acme Dvnsmics, Inc. i ; No Bid ,No BId , NoBld No Bid No Bid
RIM Power COrP~tion: ! ; No Bid ,No Bid No BId , No Bid NeBid
Nation. Rent , 50.00 150.00 450.00 30.00 2,670.00
, ; .
Briggs Eauioment , i : i , No Bid i No Bid NeBid No Bid No Bid
i
ASAP EqulDment Rent.aJ & . Sales ". i -;- 61.00. '244.00 610.00 , No Cost 3,416.00
Godwin PumD& of America. nc" , No Bid NQ Bid No Bid No BId No aid
ThomDSOf'l Pump &!Manufac turlna CO.,lhc. , No Bid 'No Bid No Bid No Bid No BId
I i . , .; :
74 Stumo arinder- tran~rmoun led. heaw dlJtV . , ,
Qualified prcviucts list: : i ,
- Vermeer SC252 I . i.. . --:-
~ Vermeer SC630 . .
- Dosko 337 I ; ,
f- - Ravco RG20HO i ,
, : ,
Acme DVnamlcs, Inc. I No Bid No Bld No Bid No Bid No Bid
:
I.
19
Cl7 -=It:)H--J
AT..,. 1.1 I
~,.......... ...,.... ................
Item Dalfy Weel<ly Monthly MobUlZatlon Award
No. Description Rate Rate Rate (Round Trip) Basis
Ring Power Corporation I No Bid No Bid No Bid No Bid No Bid
NatiGns Rent 185.00 575.00 1,360.00 30.00 9,320.00
Brloas Eaulpment No Bid No Bid No Bid No Bid No Bid
ASIJP EOl.lioment Rental & Sales 190.00 740.00 2,220.00 No Cost 10,880.00
GodlYin Pumos of America, Inc. No Bid No Bid No Bid No Bid No Bid
Thompson Puma & Manufaeturlna Co., Inc. No Bid No Bid No Bid No Bid No Bid
,
75 Trer'l(::her - walk-behiAd type. 10 Inch to 2 foot dr.tpth, .
Igas
QII:::;tifi~d Products Ust:
- Ditltlwitc.h 1230
- Vermeer V1350
ACr1le Dynamics, Inc; . No Bid No Bid No Bid No Bid No Bid
Rin~ Power Corooratlon No Bid No Bid No Bid No Bid No Bid
Nations Rent 100.00 300.00 1,000.00 30.00 5,320.00
Briaos EaulDment i No Bid I NoBIl;f No Bid No Bid No.Bld
ASR EQuipment Rental & Sales 120.00 480.00 1,250.00 80.00 7,010;00
Godwin Pumps of America. hie. No Bid NoBie! No Bid No BId No Bid
Thompson Pump & Mam:JfacllJrlnll Co., lric, No Bid No Bid No Bid No Bid No Bid
I I I
76 Trencher - riding type, 63 inch trer\ch depth, di85el
Qualified Products USt-
- Oitchwitch DW3700
Acme Dvnamlcs, Inc. No Bid No Bid No Bid No Bid No Bid
Ring Power Corporation No Bid . No Bid No Bid No Bid No Bid
Nations Rent No Bid No Bid . NoBid No Bid No Bid
Brit:lQs Equipment No Bid No Bid No Bid NeBld No Bid
ASAP EaulDment Rental & Sales 240.00 960.00 2,380.00 60.00 13,820.00
GodlNln PumDs of America, Ir\c. No Bid No Bid ' NoBld No Bid NO BId
Thomoson PurnD & ManUfactUring Co. Inc. NO Bid NoBla No Bid No Bid No Bid.
:
77 Truck- DumD.10 cu. Yd; dle$9l, highwavlooal
I ()uallfted Products List:
. DDTT416B , ,
Acme Dynamics, Inc; No Bid No Bid No Bid NO Bid No aid
Ring POwer Corponrtion 190.00 523,00 1,568.00 200.00 10.160.00
Nations Rent i 175.00 ~Z5.00 1,300.00 100.00 9.050.00
Brioo$ EQuipment . No Bid No Bid No Bid NeBld No Bid
. ASAP Eaulomenr Rental & 5 lilies i No Bid No Bid No Bid No Bid No Bid
GodWIn PurnDs of Ameriaa, II c. No Bid .No Bid No Bid No Bid No Bid
ThomDSOn PumD & Manldad urlng Co" hie. No Bid No Bid : NoBld No Bid No Bid
i I . ,
:
, 78 Truck - under bridgEllnspectipn type, 1Bq to 236 fobt ,
telescoolna & articulatlna. diesel . i
Qualified P List: i .
- Bronto Truck mounted
- JLG 150 Skvlift i .
Acme Dynamics,lnc. I I No Bid INoBld No Bid No Bid No Bid
Ring Power Corporation I Noeid No Bid No Bid No Bid No Bid
Nations Rent , , No S(d No Bid No Bid No Bid No Bid
Brigas EauiDrnent : No Bid No Bid No Bid No Bid No Bid
ASAP Equipment Rentali & sales : No Bid .No Bid No Bid No Bid No Bid
Godwin Pumos of AmeriCa, ffiC. No Bid No B;ld No Bid No Bid No Bid
Thompson PumD & Manufaclurlna Co., Irlc. No Bid No Bid No Bid No Bid No Bid
-,-
20
17: -=It:)\:j,.../
Item DailY Weekly MQrlthly MOOlllzauon Award
No. Description Rate Rate Rate (Round Trip) Basis
;
Truck - water tank type, 2000 981100, diesel, hlgh....r.ty '..~.._...._,_...-..,........ --_.......~_.., '-- -
79
legal
Qualified Products Ust:
- United WT2000 :
Acme Ovnamlcs, Inc. No Bid No Bid No Bid No Bid No BId
Rlna Power Corporation 300.00 1,140.00 2,883.00 200.00 17,353.00
Nations Rent . 300.00 725.00 1,900.00 100.00 14,200.00.
Brlaos EQuiDment ; No Bid No Bid No Bid No Bid No Bid
ASAP Eaulflment Rental & SaI8$ No Bid No Bid No Sid No Bid Noeld
Godwin Pumm> of America, Inc. No Bid No Bid No Bid No BId No Bid
Thomoson Pump & Manvfacturlna Co., Inc. NO Bid No Bid No Bid NO Bid NeBld
80 Truck - crane type. 28,OQO to!3O,Ooo Ib Cl/JpaClty,
truck mounted, highWay lecal.
Qualified Products List
- T erex Stlnaer 2863 ..
- Terex StinQer 3063: , '
Aane DYnamics. Inc. No Bid No Bid No Bid NO Bid NO Bid
Rlna Power COrDor.tlon 618.00 : 1.SaO.OO 3,800.00 200.00 29,220.00
Nations Rent . 400.00 ' 1.200.00 3,400.00 100.00 20.800.00
BMaas EQuipment No Bid NeBld No Bid No Bid No Bid
ASAP Equipment REmtaJ & Sales No Bid NeBld No Bid No Bid No Bid
Godwin Pumps of America. Inc. : NoBid' No Bid No Bid No Bid No Bid
Thompson Pump & Man'ufac'turinIJ Co., Inc. No Bid NeBld No Bid No Bid No Bid
, ,
.
81 Welder - trailer mounted. 225 to 250 amp, are. . . .
diesel, Includes lead and arol,nd cable & hood
Qu311f1ed Products list~ ' r : !
.
- Uncoln Ranaer 8 ! .
;
- Lincoln SA-250
- Bobcat 225 ! ,
Acme DytIamlcs. Inc. . , ; No Bid No Bid No Bid No Bid No Bid
Ring Power Corporalion (14 ron Natienal562C) NoBI,d No Bid No Bid No Bid No Bid
Nation. Rent , ! 80. DO , .175.00 360.00 30.00 2,970.00
Briggs Eaulpment , ! No BI(J No Bid No Bid No Bid No Bid
MAP Equipment Rental & Sales. 130.00 ! 490.00 1,230.00 6D.QO 7,330.00
Godwin PumDs of Ame~ I c. , No Bid' No~id . No Bid No Sid NQ Bid
Thomoson Pump & MaiiiihiCi urlna Co.. Irle. T No Bid , No BId No Bid No Bid No Bid
. . I , ' . ,
;
82 Pallet Jack - Manuallv operated, hydraulic. , ' ,
Qualified Products Ust: ' I
:
. Crown DaJlet i~ck J I ,
Acme Dvnamlcs, Inc. No Bid i No aid . No Bid No Bid No Bid
Rlna Power Corooration ! No Bid No Bid NeBld No Bid No Bid
Nations Rent i , - : 30.00 : :90.00 275.00 30.00 1,655.00
Brl(Ja$ Eauipment ; I , No Bid No Bid No Bid No Bid No Bid
I i
ASAP Equipment Rental & lSales I 31.00 160.00 : 300.00 20.00 2 090.00
Godwin Pumpa of Amenta, Ihe. No Bid: No Bid No Bid No Bid No Bid
Thompson PumD & Manufacturing Co..lt!lc. No Bid No Bid , .NoBid No Bid No Bid
, I I ,
"
83 Hose- suction for 411;1 exte:nSIf: sections. j Rer,tal ra~ ,
per foot includIng n~s~ary . m lock fittings: for
each section of extensioh. B~der to iden~ standard
I I ength of hose extension. : ..
! :
21
7.7. -=ll:)\;j~
ATrr 1..11
Item Lfaily Weekly Monthly Mobilization Award
No. Description Rate Rate Rate (Round Trip) Basis
Acme OvnamlC$, Inc. t4''x20'} 0.75 2.25 8.25 1 00.00 437.75
~ng Power Corooration NoBit;f No Bid No6id No Bid No Bid
Nations Rent (*MInimum 25', Sections) 10.00 20.00 50,00 20.00 510.00 .
Briggs EQuipment No Bid No Bid No Bid No Bid No Bid
ASAP EaulDment Rental & Sales No Bid No Bid No Bid NO Bid No Bid
Godwin Pumps of Amerlca,ilnc. (20') 0.85 2,55 7.65 100.00 443.35
Thompson Pump & MamMacturirm Co.. Inc. No Bid No Bid No Bid No Bid No Bid
84 Hose - suction 6in extension sections. Rental rate
per foot Including neeessary eam lock fittings for
eech section of extel'Jsion. Bidder to Identify standard
lenQth of hose extension. '
Acme Dvnamlcs, Inc. (6")(20') 1.25 ' , 3.75 9.25 100.00 461.75
Rina Power Corooratlon No Bid NeBld NeBld No Bid No Bid
Nations Rent ("Minlmum 25~ Sections) 10.00 20.00 50.00 20.00 510.00
Briaos Eauloment NO Bid ' No Bid No Bid NO Bid No BId
ASAP EauiDment Rental & saies No Bid No Bid No Bid No Bid No Bid
Godwin Pumps of AmeMea,' Inc. (20') 1.10 3.30 9.90 100.00 456.10
. Thompson PumD & ManUfaalJring CO., Inc. No Bid No Bid No Bid No Bid No Bid
. .
85 Hose - suction Bin extenSion sections. Rcmtal rate ,
per foot including neC9$Sary ~m lock fittings for :.
each section of e:xtdslpn. BiGlder to IdentifY standard
length of hose extension. .
Acme DYnamics, In~. (S"x20') .. 1.75 5.25 14.25 100.00 487~75
Ring Power. Corooratlon No Bid No Bid NO Bid No Bid No Bid
Nations Rent No Bid No81d NQBld No Bid No Bid
Briggs Eaulpment NO Bid No Bid NQBld No Bid No Bid
ASAP EQuipment R~ntal No Bid No Bid No Bid No Bid No Bid
GodWin Pumps of ...."eHcaj Inc. (20') 1.90 ~.70 17.00 100.00 486.80
Thompson Pump & ManufacCurino Co., hic. , NoBip No Bid No Bid No Bid No Bid
, i
86 Hose - discharge 4ilil e~nslpn sections.; Rental rale
per foot including nepefj$Jry eam lock fitti'ngsfor I I
each section of extension. Bi~der to Iden1Jfy Standard
length of hO&e extension:
Acm. Dvnamlcs, lrie. (4"x50') ; 0.17. 0.50 1.30 100.00 408.40
Ring Power COrPoration No Bid No Bid No Bid NoBla No Bid
Nations Rent .(Mlnimum SIl' Sections). 8.00 ; 16.00 35.00 20.00 419.00
. Briggs EQuipment No Bid' No Bid No Bid No Bid No Bid
ASAP Equipment Rental ! , No Bid . No Bid No Bid No Bid No Bid
Godwin Pumps of luTterlcallnc. (~') . 0.85 i 2.5' 7.85 100.00 443.35
Thompson Pump & Manl.lfacturing Co., h'lc. No Bid No Bid l'\loBld No Bid No Sid
! I . :
!
87 Hose -discharge 6in extens~n sections.! Rental rate
per foot InclUding nece"ery ~m lock fittings for
each section of extension. BI~der to iden~ standard
lenath of hose extension'. [ I , j
Acme Dynamics, Inc. ($"XsP') , 0.20 0.80 1.~0 100,00 409.90
Ring Power Corporation ~ i : No Bid ; No Bid No Bid No Bid No Bid
Nations Reot *tMlnlmutn 50' Sections}: ' 8.00 16.00 35.00 20.00 419.00
Briggs Equipment , No Bid . No Bid No Bid No Bid No Bid
I I
ASAP El;lulpment Rentill : No Bid No aid No Bid No Bid No Bid
Godwin PUnlPS of Am,rlGa!, Inc.150') ; 1,25 3.75 11.25 100.00 463,75
ThomDson pumo & Manuf.ildurlna Co.. Inc. No Bid . NO Bid No Bid No Bid No Bid
T I
22
~7 -:Jt:l\-L-l ^ Tn 1...11 ornJ_7J7_C'TO oC'.7T Of')()7/T7/c()
~
ftem
No.
D8$cription
88 Hose - di&eharge 61n extensiOn aectiomi.Retntal rate
per foot Including necessary eam lock fittings for
eaoh section of exter;tSion. Bidder to Identify standard
length of hose extension;
Acme DYnamics, Inc. (8"x5(J')
Rina Power Coroortatlon
Nations Rent
Bnaos Eauloment
ASAP Eauipment Rental;
GodwIn Pumps of America, Inc. (50')
Thompson Pumo & Manufacturing Co., Inc.
.
89 Hose - suction 12in $xten$lon sections, ~ental rate
per foot Induding n~sary BauElr fittings for each
section of extension. Bidder tp identify standard .
lenoth of hose extension:: ;
Acme DynamlC8.I"c.(1~"x10')
RIng Power Corportation
Nations Rent
BriQQS Eaulpment :
ASAP EauiDment Rental
GodwIn PumDS of AID*rlca; Inc. (10')
Thompson Pumo & Manlhcturlng Co., Inc.
t ,
.
10 Hose - discheirge 141n. exten.ion sedIOll$. Rental .
rate per foot includlr/g necessary Bauer f1ttrngs for .
each section of exte~slon. Bipder to iden~ty standard
lenoth of hose exten$lon~ .
Acme Dvnamic.s. hic. (12"45') .
RIng. Power Coroortatfon
Nations Rent !
. Bri008 EauiDment '
ASAP EauiDment Rental 1
Godwin Pump. of AmertcaL Inc, (50')
Thonwson Pump & Manufact\lring Co., IliIe.
. .
91 Hose ramp ~ 4, 6, 8 'and 12 I~ hose. ~ntal rate
'oerramp. ' I !
Acme Dynamics, Inc. I I .
RifK1 Power tion I .
Nations Rent ''! !
Brlgga EquIpment . I I ;
ASAP Eal,llpinent R~ntal I ' ;
Godwin Pumps of Amtrlel Ine. i
Thomcson Pumo& Manufadurino Co. Inc. :
!
! '
+.7 ':JI:'lH..J
Dally Weekly
Rate .. Rate
0.30
No Bid
No Bid
No81d
No BId
3.15
No BId'
3.SO'
No BId
No Bid
No Bid
No Bier
3.48.
No Bid
;
2.00
No Bid
No BId
No Bid
No Bid
1.83
No BId
. .
No Bid
No Sid
No Bid
No Bid
No Bld~
50.00'
No Bid
,
. .0.80
NoB'd
No Bid
No Bid
'No Bid
. 9.45
'No Bid
10.50
No Bid
No BId
No BId
.NoBid
.10.45
No BId
, 8.00
. No Bid
No Bid
No Bid
'No Bid
: 5.49
, No BId
;
, No Bid
iNoEM
No Bid
iNoBid
NeBld
~ 150,00
; No Bid
MontnlY MobilizatIon Awall1 .
Rata (Round Trip) Basis
2.36
No Bid
No Bid
No Bid
No Bid
28.35
No Bid
;
28.50
No BId
No BId
No Bid
No Bid
31.35
No Bid
15.50
No Bid
No Bid
NoBJd
No Bid
16.47
No Bid
NoBjd
No Bid
No Bid
NeBid
No Bid
450.00
No Bid
100.00
No aid
No Bid
No Bid
No Bid
100.00
No Bid
100.00
No Bid
No Bid
No Bid
No Bid
100.00
No Bid
100.00
No Bid
No Bid
No BId
No BId
100.00
No Bid
. No Bid
No Bid
No Bid
No Bid
No Bid
150.00
No Bid
414.96
No Bid
No Bid.
No aid'
No Bid
560.65
No Bid
575.50
No Bid
No Bid
NO Bid
No Bid
577.55
No Bid
489.50
No Bid
No .Bid
No Bid
No Bid
493.33
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
3,1$0.00
NeBid
23
ADDENDUM
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
P.O. BOX 1110
601 E. KENNEDY BLVD., 18TH FLOOR
TAMPA, FLORIDA 33601
BID NO. T-0284-05(JJ)
ADDENDUM NO. FIVE (5)
DATE 8/10/05
PAGE 1 OF 21
Jay Jackus, CPPO, CPPB
Procurement Supervisor
TO BIDDER: This Addendum is an integral part of the bid package under consideration by you as a bidder in
connection with the subject matter identified below. Hillsborough County deems all sealed bid proposals to
have proffered in recognition and consideration of the entire bid package - includinQ all issued addenda. For
purposes of clarification, receipt of this Addendum by a bidder should be evidenced by returning it (signed)
as part of the Bidder's sealed bid proposal at bid opening.
If the Bid Proposal has already been received by the Hillsborough County Purchasing Department, BIDDER
should return this ADDENDUM in a separate sealed envelope which is clearly marked with the BID TITLE, BID
NUMBER AND OPENING DATE AND TIME, stated as follows:
BID TITLE: Rental of Heavy Equipment
BIDS WILL BE OPENED AT 2:00 P.M. ON Thursday. AUQust 18, 2005
County Purchasing Department, 601 E. KENNEDY BLVD., 18TH FLOOR 33602.
REASON FOR ISSUANCE OF THIS ADDENDUM: THE INFORMATION INCLUDED HEREIN IS HEREBY
INCORPORATED INTO THE CONTRACT DOCUMENTS OF THIS PRESENT BID MA TIER AND
SUPERSEDES ANY CONFLICTING CONTRACT DOCUMENTS OR PORTION THEREOF PREVIOUSLY
ISSUED:
at the Hillsborough
1. Replace the previously issued Part C Bid Proposal Pages 1 - 20, with the attached revised version of the
same.
Receipt of this Addendum is hereby acknowledged by the undersigned Bidder:
TYPE OR PRINT COMPANY NAME
AUTHORIZED SIGNATURE (BIDDER)
TITLE OF PERSON SIGNING ABOVE
ADDRESS
DATE
TELEPHONE NUMBER
028405a5.doc
REVISED PART C
BID PROPOSAL
,IDNO.
T -0284-05{ JJ)
TITLE:
Rental of Heavy Equipment
By signing this bid proposal, the undersigned affirms that said bid proposal is made without any understanding,
agreement, or connection with any other person, firm or corporation providing a bid proposal for the same purpose and
that this bid proposal is in all respects fair and without collusion of fraud. The undersigned understands that this bid
proposals must be signed in ink and that an unsigned bid proposal will be considered incomplete and subject to rejection
by Hillsborough County.
SUBJECT TO THE DEVIATION STATED IN THE PARAGRAPH BELOW, THE UNDERSIGNED, BY THE SIGNATURE
EVIDENCED, REPRESENTS THAT THE BIDDER ACCEPTS THE TERMS, CONDITIONS, MANDATES, AND OTHER
PROVISIONS OF THE FOREGOING INSTRUCTIONS TO BIDDERS, (PART A); AND THE SPECIFICATIONS, (PART
B); SAID DOCUMENTS BEING THE STRICT BASIS UPON WHICH THE SAID BIDDER MAKES THIS BID PROPOSAL.
ALSO, THE UNDERSIGNED (BIDDER), BY THE SIGNATURE EVIDENCED, AGREES TO INDEMNIFY AND HOLD
HARMLESS THE COUNTY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT FROM AND AGAINST ALL
CLAIMS, DAMAGES, LOSSES AND EXPENSES (INCLUDING COURT COSTS AND ATTORNEY'S FEES) RESULTING
OUT OF ANY ALLEGED INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS HELD BY OTHERS AS ARISES
OUT OF THE BIDDER'S PERFORMANCE OF ANY CONTRACT AWARDED BY THE COUNTY PURSUANT TO THIS
BID MATTER.
* * * use BLACK INK ONLY * * *
ALL THE FOLLOWING INFORMATION MUST BE HEREUPON GIVEN FOR THIS BID PROPOSAL TO BE
~ONSIDERED BY HILLSBOROUGH COUNTY:
Deviations: NOTE - Any representation (below) of deviation(s) may cause this bid proposal to be rejected by
Hillsborough County. All Bidders should carefully read paragraph 4 of Instructions to Bidders, (Part A).
The following represents every deviation (itemized by number) to the foregoing Instructions to Bidders, (Part A),
and the Specifications, (Part B), upon which this bid proposal is based, to wit:
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 1
REVISED PART C
BID PROPOSAL
ntemI --~-_.~-_._._.. -- ..-.- T
i Daily Weekly Monthly Mobilization
No. Description i Rate Rate Rate (Round Trip) I
I-~.
Aerial work platform - scissors type, narrow, 20 I
1.
foot platform height, self-propelled, electric i
Qualified Products List: I I
- Skyjack SJ3220 i I
I
Genie GS2032 I
-
- JLG 2033E3
2. Aerial work platform - scissors type, 25 - 26
foot platform height, self-propelled, diesel or I
electric, 4x2 / 4x4 drive as may be requested by
the County
Qualified Products List:
- Skyjack SJII14626
- Skyjack SJII16826
- Genie GS2646
- Genie 2668DC
- Genie GS2668RT
I
- JLG 2646
- JLG 2658
- JLG 260 MRT
3. Aerial lift platform - hydraulic "telescopic"
boom, 60 foot platform height, self-propelled, 2-
man rotating bucket with control panel, gas or
diesel, 4x2 / 4x4 drive as may be requested by
the County I
Qualified Products List:
- Genie S-60
- Genie Z-60
- JLG 600S
- JLG E600A
- JLG 600A
4. Aerial bucket lift - electric, push-around type,
25 to 30 foot platform height I
Qualified Products List:
- Genie AWP-25S
- Genie AWP-30S
- Skyjack SJPI25
- Skyjack SJPX30
- JLG 30AM
- JLG 36AM I
--'
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 2
REVISED PART C
BID PROPOSAL
r Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
5. Air compressor - 125 cfm, trailer mounted,
diesel
Qualified Products List:
- LeRoi Q1250JE
- Sullair 125 CFM
- Sullivan 0125Q6
6. Air compressor - 185 to 375 CFM, trailer
mounted, diesel
Qualified Products List:
- LeRoi Q 185
- LeRoi Q375
- Ingersoll-Rand P185WIR
- Ingersoll-Rand XP375WIR
- Sullair 185 CFM
- Sullair 375 CFM
- Sullivan 0185Q6
- Sullivan 0375Q7
7. Auger - one man type, gas, to include auger bit
and extension
Qualified Products List:
- General 210
- Ground Hog 1 M5C
- Stihl BT120C
8. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 6 to 12 inches
diameter & up to 6 foot deep wi extensions if
necessary (does not include skid steer or
excavator)
Qualified Products List:
- Bobcat Model 12
9. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 18 inch diameter.
& up to 6 foot deep wi extensions if necessary
(does not include skid steer or excavator)
Qualified Products List:
I - Bobcat Model 12
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 3
REVISED PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization I
No. Description Rate Rate Rate ~ndT~
--
10. Brush Chipper - trailer mounted, 6 to 12 inch
capacity, gas I
Qualified Products List: I
Morbark 2050 I
- ,
I
Morbark 2070XL I
- I
- Vermeer BC625
- Vermeer BC935
- Vermeer BC1230A
11. Compactor - small plate type 3,300 Ib, gas,
walk-behind
Qualified Products List: I I
- Multiquip MVC-90
- Wacker WP1550A
i
12. Compactor - vibratory rammer type Uumping !
jack) 3000 Ib, gas
Qualified Products List:
- Mikasa MT-75HS
- Wacker BS 600
13. Compactor - large plate type 7,000 Ib, gas,
reversible
Qualified Products List:
- Bomag BPR 30/380
- Mikasa MVH-200
- Wacker BPU-3345
14. Concrete buggy - ride-on type, gas, 16 cu. Ft.
Qualified Products List:
- WackerWB-16
- Whiteman WPB-16
15. Concrete mixer - 9 cu. Ft. capacity, towable,
gas
Qualified Products List:
- Multiquip WC-92PB8C
- Whiteman WC-92P
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 4
REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
16. Concrete trowel - 36 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 36
- Whiteman J-4 5H
17. Concrete trowel - 48 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 48
- Whiteman B-4 8H
18. Demolition hammer (attachment) - hydraulic,
skid steer/ mini excavator mounted
Qualified Products List:
- Indeco 351 SP
- Kent KF-4QT
- Bobcat B700
- Bobcat B850
- Bobcat B950
- Okada OKB302A
19. Demolition hammer (attachment) - hydraulic,
backhoe mounted, 1200 Ib
Qualified Products List:
- Indeco 650HD
- Kent KF-9QT
- Okada OKB305
20. Dozer - 2.0 cu. Yd. blade capacity, hydraulic
angle blade, standard track or LGP
Qualified Products List:
- Caterpillar 05
- Case 550
- John Deere 450H
- Komatsu D38E-1 Plus
21. Dozer - 3.44 cu. Yd. blade capacity, hydraulic
angle blade, standard track or LGP
Qualified Products List:
- Caterpillar D5M LGP
- Case 850
I - John Deere 700H
- John Deere 750C
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 5
REVISED PART C
BID PROPOSAL
II~:I Daily Weekly Monthly Mobilization I
Description Rate Rate Rate (Round Trip) I
~.___~__u
I I :
122. Excavator - mini type, 9.5 foot dig depth,
rubber track, diesel
Qualified Products List: I
!
Bobcat 328 ,
- I
- Caterpillar 303.5
- Takeuchi TB125
23. Excavator -long reach type, 21 foot dig depth,
steel track, diesel
Qualified Products List:
- Kobelco SK160LC
- Caterpillar 320BL
- JCB JS 160NL
- John Deere 160 LC
- John Deere 200 LC
24. Excavator - track type, extendable boom arm,
diesel
Qualified Products List: I
- Gradall XL 220
I
25. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 5200
26. Excavator - wheeled type, extendable boom
arm, diesel
Qualified Products List:
- Gradall XL 3300
27. Excavator - truck mounted, 39,000 Ib gvw, 4x4
Qualified Products List:
- Gradall XL 3100
I
28. Excavator - truck mounted, 62,000 Ib gvw, 6x6 I
Qualified Products List:
- Gradall XL 4100
I
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 6
REVISED PART C
BID PROPOSAL
r Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
29. Forklift - warehouse type, 3000 to 5000 Ib
capacity, propane
Qualified Products List:
- Komatsu FG15
- Komatsu FG25
- Yale ERP035-TG
- Yale GP-RG
30. Forklift - rough terrain type, straight mast, 6000
Ib capacity, diesel, 2WD or 4WD
Qualified Products List:
- Case 586G
- JCB 930
- John Deere 486E
31. Forklift - "telescopic" reach type, 6000 Ib
capacity, 36 to 45 foot lift height, diesel
Qualified Products List:
- JCB 506C
- T erex SS-636C
- Gradall G9-43A
- Gradall 534D9-45
32. Generator - 1 OKW, portable, gas
Qualified Products List:
- Multiquip GA-9.7hz
33. Generator - 25 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-25SSIU
34. Generator - 45 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-45SSIU
35. Generator - 60 KW, trailer mounted, diesel
Qualified Products List:
I - Multiquip DCA-60SSIU
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 7
REVISED PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
-
36. Generator - 100 KW, trailer mounted, diesel
Qualified Products List:
- Magnum MMG 125
I
I
37. Grader - 12 foot blade, diesel I
Qualified Products List:
- John Deere 670C
- Champion 710 I
- Komatsu GD530A-2C
I
38. Grader/Maintaner - 10 foot blade, diesel
Qualified Products List: I I I
- Fiat FG65C
39. Light tower - trailer mounted, 4000 watt, diesel
Qualified Products List:
- TerexlAmida AL4060D
- Ingersoll-Rand Lightsource I
- Magnum 4060 I-MH 1
I
40. Loader backhoe combination - compact type, 8
to 10 foot dig depth, rubber tired, gas, 8 to 18
inch buckets as needed
Qualified Products List:
- Allmand TLB25
- T erramite T5C
- John Deere 110
- Kubota L35
41. Loader backhoe combination - 1 cu. Yd. loader
bucket, rubber tired, diesel, 12 or 18 inch
backhoe bucket as needed, 2WD or 4WD
Qualified Products List:
- John Deere 31 OE
- Case 580
- Caterpillar 416C
- JCB 214
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 8
REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
42. Loader backhoe combination - 1 ~ cu. Yd.
loader bucket, rubber tired, diesel, 12, 18,24,
30 or 36 inch backhoe bucket as needed, 2WD
or4WD
Qualified Products List:
- John Deere 4100
- Case 590L
- Caterpillar 436
- JCB 214
43. Loader - skid steer type, 1350 Ib rated
capacity, diesel
Qualified Products List:
- Bobcat 753
- New Holland LX 565
44. Loader - skid steer type, 1900 Ib rated
capacity, hi-flow hydraulics, diesel
Qualified Products List:
- Bobcat 863 H
- New Holland LX 865
45. Loader - compact, rubber track type, .48 cu.
Yd. bucket capacity, diesel
Qualified Products List:
- Bobcat T190
- TakeuchiTL126
46. Loader - landscape type, wI box blade
attachment, diesel
Qualified Products List:
- John Deere 4310
- John Deere 4200
- John Deere 4500
- John Deere 210LE
- Case 570L XT
- New Holland TC33D
I
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 9
REVISED PART C
BID PROPOSAL
~:T I Daily Weekly Monthly Mobilization
No. Description -i~_~ate Rate Rate (Round Trip)
~- ,Loader - wheel type, articulated, 2 t02 % -----~~---
I
cu. i !
I
Yd. bucket, rubber tired, diesel
Qualified Products List:
John Deere 444H ,
-
- Case 621C
- JCB 426 HT
- Komatsu W A 180-3
- Caterpillar 928G
- Volvo L50D
48. Loader - wheel type, articulated, 3 to 3 % cu.
Yd. bucket, rubber tired, diesel
Qualified Products List:
- John Deere 544H
- John Deere 624H
- JCB 436ZX
- Caterpillar 950G I
- Volvo L70D
!
49. Mortar mixer - 7 cu. Ft. capacity, towable, gas
Qualified Products List: I
I
- Whiteman WM-700P
- Multiquip WM-700P-8HC
I
I
50. Mower - high wheel type, for brush cutting,
walk-behind, gas
Qualified Products List: I
- Billygoat BC2401 H i
- DR Brush Mower 15 HP
51. Milling machine/Planer (attachment) - skid
steer mounted, 18 inch drum width, hi-flow I
hydraulics
Qualified Products List:
- Bobcat Hi-flow planer
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 10
REVISED PART C
BID PROPOSAL
[ Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
52. Pressure washer - cold water, 2000 psi,
portable, gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM JP-2003
- Alto/Simpson DDF-2000-CHS
- Landa PC4-20321
- BE PE-2055
53. Pressure washer - cold water, 3000 psi,
portable, gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW-3004
- Alto/Simpson WS-3000-GHS
- Landa PC4-30321
54. Pressure washer - cold water, 4000 psi,
portable, gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW-4003
- Alto/Simpson WS-4040-CVS
- BE PE-4013
55. Pump - 4 inch centrifugal, trailer mounted,
self-priming, diesel, wi one suction hose and
one discharge hose (sound attenuated)
Qualified Products List:
- Thompson 4 HT
- Wacker PTS 4V
56. Pump - 6 inch centrifugal, trailer mounted,
self-priming, diesel, w/ one suction hose and
one discharge hose (sound attenuated)
Qualified Products List:
- Thompson 6 HT
- Wacker PT 6L T
I
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 11
REVISED PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization l
No. Description Rate Rate Rate (Round Trii
-- --
57. Pump - 8 inch centrifugal, trailer mounted,
self-priming, diesel, wi one suction hose and I
one discharge hose (sound attenuated) I
I
Qualified Products List: !
Thompson 8 HTC I
-
i
I
58. Pump - 12 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 12HTC
59. Pump - 12in centrifugal, self-priming diesel,
skid mounted with one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 12HTC
60. Pump - 8 inch centrifugal, self-priming diesel, -I
trailer mounted with one suction hose and one
discharge hose (non sound attenuated) I I I
Qualified Products List: I
- Thompson 8V
61. Pump - 6 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (non sound attenuated)
Qualified Products List:
- Thompson 6HT
- Wacker PT-6L T
- MQ-61TDD
62. Pump - 4 inch centrifugal, self-priming, trailer I
i
mounted with one suction hose and one I
discharge hose (non sound attenuated)
Qualified Products List:
- Thompson 4HT
- MQ-41 TDH I
----'
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 12
REVISED PART C
BID PROPOSAL
, Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
63. Pump - 4 inch double diaphragm, trailer
mounted with one suction hose and one
discharge hose (non sound attenuated)
Qualified Products List:
- Thompson 40
64. Pump - dewatering type, 3" centrifugal trash,
roll cage portable with one suction hose and
one discharge hose
Qualified Products List:
- Wacker PT3A
- MQ QP-301THC
65. Pump - dewatering type, 4" centrifugal trash,
roll cage portable with one suction hose and
one discharge hose
Qualified Products List:
- Wacker PTS 4V
- MQ QP-40THC
66. Pump - dewatering type, 3" diaphragm trash
portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PDT 3A
- MQ 0306H
67. Roller - riding type, asphalt, vibratory, one ton,
double drum
Qualified Products List:
- Wacker RO 11A
- Ingersoll-Rand 00-12
- Multiquip AR-13HC
- Bomag BW900
68. Roller - riding type, vibratory, 3 to 5 ton, double
drum
Qualified Products List:
- Hamm HO 12
- Ingersoll-Rand 00-24
- Ingersoll-Rand 00-32
I - Caterpillar CB214C
- Bomag 1200
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 13
REVISED PART C
BID PROPOSAL
Item ---iDaily Weekly Monthly Mobilization l
I
No. Description ! Rate Rate Rate (Round Trip)
Roller - riding type, vibratory, 6 to 10 ton, single r - . -- I------
69.
or double drum !
Qualified Products List: I
- Hypac C-830B
I
- Ingersoll-Rand SO 400 i
- Ingersoll-Rand SO 700 I
- Caterpillar CB534C I
- Bomag 1720
, Bomag 1410 I
-
Hamm 3205 ,
- I
Hamm 3307 I
- I
i
70. Roller - riding type, vibratory, 25 to 35 ton,
single drum
Qualified Products List:
- Ingersoll-Rand SO 1000
- Hamm 3412
- Caterpillar CS563
- Bomag BW213-3
71. Sand blaster - 1.5 cu. Ft. pot capacity, 100 Ib I
rated capacity, includes hose, nozzle, respirator
with protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-01
72. Sand blaster - 6.5 cu. Ft. pot capacity, 600 Ib
rated capacity, includes hose, nozzle, respirator
with protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-03
73. Saw - walk-behind type, 14 inch blade
capacity, gas
Qualified Products List:
- Edco ASB-14
- Core Cut CC 11 09H
- Target ES14 I
- Target Porta cut IV
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 14
REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
Stump grinder - trailer mounted, heavy duty
74. Qualified Products List:
- Vermeer SC252
- Vermeer SC630
- Dosko 337
- Rayco RG20HD
Trencher - walk-behind type, 10 inch to 2 foot
75. depth, gas
Qualified Products List:
- Ditchwitch 1230
- Vermeer V1350
Trencher - riding type, 63 inch trench depth,
76. diesel
Qualified Products List:
- Ditchwitch DW3700
Truck - Dump, 10 cu. Yd, diesel, highway legal
77. Qualified Products List:
- DOT T416B
Truck - under bridge inspection type, 180 to
78. 236 foot telescoping & articulating, diesel
Qualified Products List:
- Bronto Truck mounted
- JLG 150 Skylift
79. Truck - water tank type, 2000 gallon, diesel,
highway legal
Qualified Products List:
- United WT2000
80. Truck - crane type, 28,000 to 30,000 Ib
capacity, truck mounted, highway legal
Qualified Products List:
- T erex Stinger 2863
- T erex Stinger 3063
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 15
REVISED PART C
BID PROPOSAL
Item -.--.-----
Daily Weekly Monthly Mobilization I
No. Description Rate Rate Rate (Round Trip)
81. Welder - trailer mounted, 225 to 250 amp, arc, I
diesel, includes lead and ground cable & hood I
Qualified Products List:
- Lincoln Ranger 8
- Lincoln SA-250
- Bobcat 225
82. Pallet Jack - Manually operated, hydraulic
Qualified Products List: I I
Crown pallet jack i
- !
83. Hose- suction for 4in extension sections. Rental
rate per foot including necessary cam lock I
fittings for each section of extension. Bidder to !
identify standard length of hose extension.
I
84. Hose - suction 6in extension sections. Rental !
rate per foot including necessary cam lock I
!
fittings for each section of extension. Bidder to
identify standard length of hose extension.
85. Hose - suction 8in extension sections. Rental
rate per foot including necessary cam lock
fittings for each section of extension. Bidder to
identify standard length of hose extension.
86. Hose - discharge 4in extension sections. ,
,
Rental rate per foot including necessary cam
lock fittings for each section of extension.
Bidder to identify standard length of hose
extension.
87. Hose - discharge 6in extension sections.
Rental rate per foot including necessary cam
lock fittings for each section of extension.
Bidder to identify standard length of hose
extension.
88. Hose - discharge 8in extension sections.
Rental rate per foot including necessary cam
lock fittings for each section of extension.
Bidder to identify standard length of hose
extension.
j
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 16
REVISED PART C
BID PROPOSAL
.1 Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
89. Hose - suction 12in extension sections. Rental
rate per foot including necessary Bauer fittings
for each section of extension. Bidder to identify
standard length of hose extension.
90. Hose - discharge 12in extension sections.
Rental rate per foot including necessary Bauer
fittings for each section of extension. Bidder to
identify standard length of hose extension.
91. Hose ramp - 4,6,8 and 12 inch hose. Rental
rate per ramp.
***NOTICE***
THIS BID CONTAINS AN OPTION FOR ONE (1) ONE YEAR RENEWAL. AT THE SOLE OPTION OF
THE COUNTY; REFER TO PART B (SPECIFICATIONS). PARAGRAPH 2.03 OF THIS BID.
1. LITERATURE: Any manufacturer's specification sheets, brochures, or other printed supporting
documents are submitted in duplicate.
2. CO-OPERATIVE BID: Bidders shall indicate if they will extend all prices, terms, and conditions
to members of the CO-OP as provided for in item 2.05:
(CHECK ONE)
YES
NO
POLK COUNTY: Bidders shall indicate if they will extend all prices, terms, and conditions to Polk
County as provided for in item 2.05:
(CHECK ONE)
YES
NO
3. I HAVE COMPLIED WITH ALL THE SPECIFICATIONS IN PART B OF THIS BID
(CHECK ONE)
YES
NO
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 17
REVISED PART C
BID PROPOSAL
IF NO, I HAVE IDENTIFIED THE DEVIATIONS OR NON-COMPLIANCE HERE IN PART C.
NOTE: PURSUANT TO THE TERMS AND CONDITIONS, FAILURE TO MEET OR EXCEED
SPECIFICATIONS MAY RESULT IN REJECTION OF YOUR BID. SEE PART A, PARAGRAPH
4 OF THE BID PACKAGE.
***NOTICE***
ADDING YOUR OWN TERMS AND CONDITIONS MAY CAUSE YOUR BID TO BE REJECTED.
REFER TO PART A - INSTRUCTIONS TO BIDDERS, "GENERAL TERMS AND PROVISIONS", ITEM
1 (b).
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 18
PART C
I Vt=NDOR REFERENCES I
THE FOLLOWING INFORMATION IS REQUESTED IN ORDER THAT YOUR BIDS MAY BE REVIEWED AND
PROPERLY EVALUATED.
COMPANY NAME:
LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS:
BUSINESS ADDRESS:
HOW LONG IN PRESENT LOCATION:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
INTERNET SITE ADDRESS:
CONTACT PERSON TO PLACE ORDERS:
PHONE:
LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED
'MILAR CONTRACT SERVICES FOR:
1. 2.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
3. 4.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
028405a5.doc
REVISED PART C BID PROPOSAL - PAGE 19
PART C
BID PROPOSAL
SIGNATURE PAGE
A. Name of Bidder:
(TYPED OR PRINTED: FIRM, CORPORATION, BUSINESS OR INDIVIDUAL)
B. Our local (to Tampa, Florida) business address is:
C. Federall.D. Number
D. Our primary business address is:
E. Our present business phone number is:
F. Our present fax number is: (
G. Our present e-mail address is:
H. Our business has been under its present name since:
At this present time we understand all requirements and state that as a serious Bidder we will comply with all the
stipulations included in the bid package.
The above-named Bidder affirms and declares:
(1) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this
Proposal or in the contract proposed to be entered into.
(2) That this Proposals is made without any understanding, agreement, or connection with any other person,
firm or corporation making a Proposal for the same purpose, and is in all respects fair and without
collusion or fraud.
(3) That the Bidder is not in arrears to Hillsborough County upon debt or contract and is not a defaulter, as
surety or otherwise, upon any obligation to Hillsborough County.
(4) That no officer or employee or person whose salary is payable in whole or in part from the County
Treasury is shall be or become interested, directly or indirectly, surety or otherwise in this proposal; in the
performance of the Contract; in the supplies, materials, equipment, and work or labor to which they relate;
or in any portion of the profits thereof.
BIDDER:
By: (SEAL)
(Authorized Signature signed in ink)
(Printed Name of Signer)
(Title of Signer)
(Date Signed)
026405a5.doc
REVISED PART C BID PROPOSAL - PAGE 20
Hillsborough County Purchasing Department
601 E. Kennedy Blvd. County Center. 18th Floor
P.O. Box 1110
Tampa, FL 33601
Telephone (813) 272-5790
FAX (813) 272-6290
www.hillsborouqhcounty.orq/purchasinq
PROCUREMENT SUMMARY AND REGISTRATION
This form provides a brief summary of this procurement and is to be used to register as a prospective bidder/proposer.
In order to receive notice of any changes or addenda to these documents, you MUST register using this form.
Please mail or FAX the completed form to the Purchasing Department as soon as possible.
Document Number:
T -0284-05(JJ)
Title:
Rental of Heavy Equipment
Description: This document describes the requirements of various Hillsborough County Departments for Heavy
Duty Equipment Rental.
Pre-Bid/Proposal Conference:
N/A
Procurement Submittal Deadline:
July 14, 2005 at 2:00 p.m., County Center,
18th Floor Conference Room A
For additional information, contact:
Jay Jackus, CPPO, CPPB, Procurement Supervisor
Telephone: 813-301-7067
Special Instructions:
None
1/sborough County supports the growth and development of small, minority and women owned businesses in the County's
procurement and contracting activities. For more information contact the Economic Development Department at County
Center, 13th FL, 601 E. Kennedy Blvd.; P.O. Box 1110; Tampa, FL 33602, (813) 272-7232.
BIDDER/PROPOSER REG/STRA TION
FAX OR MAIL THIS FORM BACK IMMEDIATELY
FAX: (813)-272-6290
Use this form to register as a potential bidder or proposer for this procurement. Only registered vendors will be
mailed courtesy notices of changes or addenda to these procurement documents. Carefully complete this form and
mail or Fax it to the Purchasing Department. You must submit one form for each procurement that you are registering
for. FA/LURE TO INCLUDE AN ADDENDUM IN YOUR BID/PROPOSAL MA Y RESUL T /N THE REJECTION OF YOUR
BID/PROPOSAL.
Company Name:
Contact Person:
Mailing Address:
City:
Phone: (_)
Fax: (_)
State/Zip:
E-mail (optional)
028405.doc
(Revised 11-03-03)
-'---~--_..
---~_.
HILLSBOROUGH
COUNTY
INVITATION TO BID
BID NO. T -0284-05(JJ)
Rental of Heavy Equipment
DEPARTMENT
Fleet Management Department
BOARD OF COUNTY COMMISSIONERS
PURCHASING DEPARTMENT
Lula F. Banks, Ed.D., CPPO, CPPB
Director of Purchasing
Jay Jackus, CPPO, CPPB
Procurement Supervisor
601 E. KENNEDY BLVD., COUNTY CENTER, 18TH FLOOR
P. O. BOX 1110
TAMPA, FLORIDA 33601
TELEPHONE: (813) 272-5790
FAX NUMBER: (813) 272-6290
WEB SITE: www.hillsboroughcounty.org/purchasing
028405.doc
(Revised 08/17/04)
Description
PART A:
PART B:
PART C:
ATTACHMENTS
HILLSBOROUGH COUNTY, FLORIDA
BID NUMBER: T -0284~5(JJ)
TITLE: Rental of Heavy Equipment
Table of Contents
NOTICE OF INVITATION FOR BIDS
"STATEMENT OF NO-BID"
INSTRUCTIONS TO BIDDERS
1. EOC CLAUSE
2. APPENDIX A - Applicable Statutes,
Orders & Regulations
SPECIFICATIONS
1. SPECIFIC SPECIFICATIONS
BID PROPOSAL
1. DEVIATION
2. TOTAL ESTIMATED BID
TC-1
Paae
NB - 1
A - 1 to A - 7
B-1 to B - 7
C - 1 to C - 16
HILLSBOROUGH COUNTY
PURCHASING DEPARTMENT
P.O. BOX 1110, TAMPA, FLORIDA 33601
NOTICE OF INVITATION FOR BIDS
Hillsborough County will receive sealed bids for: BID NO. T -0284-05(JJ) TITLE: Rental of Heavy Equipment on
July 14, 2005 at 2:00 p.m.
Sealed bids must be received by 2:00 p.m. on the above date by the Director of Purchasing, Hillsborough County
Board of County Commissioners at 601 E. Kennedy Blvd., 18th Floor, Tampa, Florida 33602, Phone No. 272-5790.
THOSE INTERESTED IN BIDDING MAY OBTAIN BID DOCUMENTS FROM THE HILLSBOROUGH COUNTY
PURCHASING DEPARTMENT DURING REGULAR BUSINESS HOURS:
Hillsborough County reserves the right to reject any and all bids.
A Pre-Bid Conference will be held on: N/A
IMPORTANT NOTICE TO VENDORS: You may have been sent this NOTICE because you requested to be placed on
the Hillsborough County bidders list for this category. If you do not intend to submit a bid pursuant to the NOTICE, and
wish to continue to receive NOTICE of Hillsborough County invitation to Bid, you must return the following Statement of
No-Bid. If you do not return this form you may be placed on inactive status or deleted from the Hillsborough County
Purchasing Department Bidders List.
STATEMENT OF NO-BID
We have declined to bid on this item/service.
( ) Please leave our firm on your bid list.
() Please remove our firm from your bid list for all categories.
( ) Please remove us from your bid list relative to the following
products or services only:
Comments:
Company Name:
Mailing Address:
City: State:
Authorized Signature:
Printed Name of Authorized Signature:
Title:
Phone:
Zip:
Date:
NB-1
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
601 E. KENNEDY BLVD., 18TH FLOOR ~ COUNTY CENTER
P.O. BOX 1110, TAMPA, FL 33601
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
BID PROPOSAL
BID NO.
TITLE:
BID OPENING:
T -0284-05(JJ)
Rental of Heavy Equipment
Julv 14. 2005 at 2:00 P.M. AT THE PURCHASING DEPARTMENT. 601 E. KENNEDY BLVD..
18TH FLOOR. COUNTY CENTER. TAMPA. FLORIDA
PART A - COMMODITIES
INSTRUCTION TO BIDDERS
GENERAL TERMS AND PROVISIONS:
1.
BIDS:
(a)
The herein included Instruction to Bidders, (Part A); the Specifications, (Part B); and the Bid Proposal, (Part
C); together with all attached documents therein identified, constitute the entire "Bid Package" (Contract
Documents) concerning this present bid matter. Said bid package must be the basis upon which all bid
proposals are offered and the same (the entire bid package) should be kept together and returned intact
(sealed from public view) to Hillsborough County's Director of Purchasing at the time and place therein
specified. The Bidder must manually sign the Bid Proposal (Part C). Electronic or faxed bids will not be
considered.
(b) Prices (bid proposals) must be quoted only upon the bid proposal form Bid Proposal, (Part C) herewith
provided and no other bid proposal will be accepted. Sealed bid proposals may not be amended or
otherwise changed by any writing placed outside the sealed bid package; except, however, any such written
"outside" communication by a Bidder shall be construed by Hillsborough County as indicating a withdrawal of
the proffered sealed bid towhich the communication relates (thereby causing the Bidder to have issued "no
bid" for consideration by Hillsborough County): All prices quoted are to be FOB Tampa, Florida.
(c) As applies to this present bid matter, the Bidder is hereby directed to cause delivery of his proposal (leave
bid package intact) to Hillsborough County's Director of Purchasing, 601 E. Kennedy Blvd., 18th Floor,
County Center, Tampa, FL 33602, prior to the bid opening time which is 2:00 p.m.
The delivery of said bid to the Director of Purchasing prior to the time and date stated in the preceding
sentence is solely and strictly the responsibility of the bidder. The Director of Purchasing will in no way be
responsible for delays caused by the United States Postal Service or for delays caused by any other
occurrence. All bid proposals must be manually and duly signed by an authorized corporate officer,
principle, or partner (as applicable). All bid proposals must be marked: "SEALED BID FOR BID NO.
T-0284-05(JJ) TITLE: Rental of Heavy Equipment
TO BE OPENED AT HILLSBOROUGH COUNTY PURCHASING DEPARTMENT, 601 E. KENNEDY BLVD.,
18TH FLOOR, COUNTY CENTER, TAMPA, FLORIDA
Bid proposals must be signed by the Bidder with his/her signature in full. When a firm is a Bidder, the bid
proposal shall be signed in the name of the firm by one or more of the partners. When a corporation is a
Bidder, the officer signing shall set out the corporate name in full beneath which he shall sign his name and
give title of his office. The bid proposal shall also bear the seal of the corporation. Anyone signing the bid
proposal as agent must file with it legal evidence of his authority to do so.
(d) The Bidder is solely responsible for reading and completely understanding the requirements and the
specifications of the items bid. The bid opening time must be and will be scrupulously observed. Under no
circumstances will bid proposals delivered after the delivery time specified be considered. Late bid proposals
will not be accepted.
rev 1/15/04
PART A INSTRUCTIONS - PAGE 1
(e) Bid proposals may be withdrawn on written or telegraphic requests dispatched by the Bidder in time for
delivery in the normal course of business prior to the time fixed for the opening of bid proposals; provided,
however, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in
the mail and postmarked prior to the time set for the opening of bid proposals. Except as specifically
provided herein, Bidders may not modify their bids after the appointed bid opening time. Negligence on the
part of the Bidder in preparing his/her bid proposal confers no right of withdrawal or modification of his/her
bid proposal after such bid proposal has been opened by County staff at the appointed time and place.
Bidders may not withdraw or modify their bid proposals after the appointed bid proposal opening time. Said
Bid Proposals shall be in force for a period of not less than ninety (90) days after the bid opening time.
Further said Bid Proposal shall continue in force after said ninety (90) day period, until thirty (30) days
following the date of receipt by County of written notice from the Bidder of his/her intent to withdraw his/her
bid proposal, or until the date specified in said written notice as the expiration date of the Bid Proposal,
whichever is later. The aforementioned Bid Proposal times will remain in effect irrespective of whether an
award has theretofore been made by Hillsborough County. Notwithstanding the provisions of the preceding
sentence, the Bidder may extend his/her Bid Proposal at any time prior to the scheduled expiration thereof.
Bidders may not assign or otherwise transfer their Bid Proposals prior to or after the Bid Proposal opening
time.
(f) At the time and place fixed for the opening of bid proposals (see above), every bid proposal properly
delivered within the time fixed for receiving bid proposals will be opened and publicly read aloud, irrespective
of any irregularities found therein. Bidders and other persons interested may be present, in person or by
representative.
(g) No interpretation of the meaning of the specifications, or other contract documents will be made to any
Bidder orally. Every request for such interpretation must be in writing, addressed to the Director of
Purchasing. To be given consideration, such requests must be received at least ten (10) days prior to the
date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be
in the form of a written addendum which, if issued, will be posted on the Purchasing Department's website at
www.hillsborouqhcountV.orq/purchasinq, at least five (5) days prior to the date fixed for the opening of bids.
Failure of a Bidder to receive any such addendum or interpretation shall not relieve said Bidder from an
obligation under their bid as submitted. All addenda so issued shall become part of the Contract
Documents.
2. LICENSING:
Bidder shall be properly licensed for the appropriate category of work specified in this solicitation. All Bidders are
requested to submit any required license(s) with their response to this solicitation. License(s) must be effective
as of the solicitation opening date and must be maintained throughout the life of the contract. Failure to be
properly licensed as stated above will result in the rejection of the bid as non-responsive.
3. IRS FORM W-9. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION:
All Bidders are requested to complete and submit the attached W-9 form with their response to this solicitation.
4. OCCUPATIONAL LICENSE:
All Bidders a~e requested to submit a copy of their occupational license with their response to this solicitation, if
applicable. The license must be effective as of the opening date of this solicitation.
5. TAXES:
State sales tax and Federal Excise taxes cannot be included, as Hillsborough County is tax exempt. The Director of
Purchasing of Hillsborough County will sign exemption certificates submitted by the successful Bidder.
6. BID ERRORS:
Where bid proposals have erasures or corrections, such erasure or correction must be initialed in ink by the Bidder.
In case of unit price contracts, if an error is committed in'the extension of any item the unit price as shown in the
Contract Documents will govern.
PART A INSTRUCTIONS - PAGE 2
rev 1/15/04
7. DEVIATIONS:
As concerns this present bid matter, all bid proposals must clearly and with specificity detail all deviations to the exact
requirements imposed upon the Bidder by the Instructions to Bidders, (Part A); and the Specifications, (Part B). Such
deviations must be stated upon the Bid Proposals, (Part C); otherwise, Hillsborough County will consider the subject
bid proposals as being made in strict compliance with said instructions to Bidders, (Part A); and the Specifications,
(Part B); the Bidder being held therefore accountable and responsible. Bidders are hereby advised that Hillsborough
County will only consider bid proposals that meet specifications and other requirements imposed upon them by this
bid package. In instances where a deviation is stated upon the Bid Proposals, (Part C), said bid proposals will be
subject to rejection by Hillsborough County in recognition of the fact that said bid proposal does not meet the exact
requirements imposed upon the Bidder by the Instructions to Bidders, (Part A); and the Specifications (Part B);
except, however, said bid proposals may not be subject to such rejection where, at the sole discretion of Hillsborough
County, the stated deviation is considered to be equal or better than the imposed requirement and where said
deviation does not destroy the competitive character of the bid process by affecting the amount of the bid proposal
such that an advantage or benefit is gained to the detriment of the other Bidders.
8. NO BID:
Any firm, corporation, business, or individual not submitting a bid as concerns this present bid matter should,
nevertheless, respond relative to the time and place for the receipt of bids (as above described) clearly marking the
bid proposal form (Part C) "NO BID." Said nonbidders should return the entire bid package; indicating upon the said
bid proposal form (Part C) the reason for the non-bid. Failure by nonbidders to comply herewith may result in the
removal of their names from the Bidder's mailing list.
9. CONDITIONS OF MATERIALS AND PACKAGING:
In instances where the Specifications, (Part B) make this subject applicable (and unless otherwise indicated), all
goods and items offered for sale and/or shipped by the successful Bidder pursuant to the requirements imposed
upon said Bidder by this bid package, will be NEW and in FIRST CLASS CONDITION; all related containers being
new and suitable for storage and shipment; all prices including the cost of standard commercial packaging.
Successful Bidders will be solely responsible for making any and all claims against carriers as concerns missing or
damaged items.
10. BRAND NAMES, ETC:
In instances where the Specifications, (Part B) make this subject applicable, any use therein of brand names,
manufacturer's names, trade names, information and/or catalog numbers are so used for the purpose of providing
description and for establishing acceptable quality levels. Such references are not intended for the purpose of
placing restrictions upon Bidders (other than as to quality) and Bidders may propose and describe upon the bid
proposal form (Part C) deviations believed to be equal or better than the otherwise imposed requirement: provided
however, at the sole discretion Hillsborough County, said County may determine whether such deviations are or are
or are not, in fact, deviations from said imposed requirements. In instances where a deviation is stated upon the Bid
Proposals, (Part C), said bid proposals will be subject to rejection by Hillsborough County in recognition of the fact
that said bid proposal does not meet the exact requiremen)s imposed upon the Bidder by the Instructions to Bidders,
(Part A), and the Specifications, (Part B); except, however, said bid proposal may not be subject to such rejection
where, at the sole discretion of Hillsborough County, the stated deviation is considered to be equal or better than the
imposed requirement and where said deviation does not destroy the competitive character of the bid process by
affecting the amount of the bid proposal such that an advantage or benefit is gained to the detriment of the other
Bidders.
11. REQUESTED INFORMATION AND DESCRIPTIVE LITERATURE:
Bidders must furnish all requested information in the spaces provided on the bid proposal form (Part C). Additionally,
where required pursuant to the provisions of this bid package, Bidders must submit with their bid proposal - cuts
sketches, descriptive literature and/or complete specifications relative to the items proposed and offered; references
to previously submitted material concerned with previous bid proposals not being acceptable to Hillsborough County.
PART A INSTRUCTIONS - PAGE 3
rev 3/12/01
12. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA):
In instances where such is applicable due to the nature of the bid matter with which this bid package is concerned, all
material, equipment, etc., as proposed and offered by Bidders must meet and conform to all OSHA requirements; the
Bidder's signature upon the bid proposal for (Part C) being by this reference considered a certification of such fact.
13. DELIVERY TIME/LIQUIDATED DAMAGES:
Bidders are hereby advised that if the Specifications (Part B) so indicated, liquidated damages at the rate and in the
amount given are to be assessed against the successful Bidder not complying with a stated delivery time or
performance time (or similar stated information).
14. NO ASSIGNMENT OF CONTRACT:
As concerns this present bid matter, and unless the Specifications, (Part B) indicate otherwise, no successful Bidder
may make any assignment of the resulting contractual agreement between the parties, in whole or in part, without the
prior written authorization as may be given at the sole discretion of Hillsborough County.
15. AWARD OF CONTRACT/REJECTION OF BIDS:
A contract will be awarded by the Board of County Commissioners of Hillsborough County to the responsible Bidder
submitting the lowest and best bid proposal in compliance with the Specifications, (Part B) and other requirements
imposed by this bid package, provided said bid proposals is considered (within the sole discretion of said Board)
reasonable and in the best interest of Hillsborough County to accept. The successful Bidder to whom a contract is
awarded will be so notified by Hillsborough County at the earliest practical date. The Board of County
Commissioners of Hillsborough County, however, at its sole discretion, reserves the right to reject any and all bid
proposals and to waive any informality concerning bid proposals whenever such rejection or waiver is in the best
interest of Hillsborough County and when the same is in conformance with standard competitive sealed bid
procedure. Hillsborough County, likewise, reserves the right to reject the bid proposal of any Bidder who has
previously failed to perform properly or complete on time, contracts of similar nature; who is not in a position to
perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise
disregard obligations to subcontractors, suppliers, or employees.
Hillsborough County reserves the right to award on an item by item basis or on an overall basis, whichever is in the
best interest of Hillsborough County.
16. STATEMENT OF ASSURANCE:
The successful Bidder shall comply with the following Statement of Assurance:
During the performance of this Contract, the CONTRACTOR herein assures the COUNTY, that said CONTRACTOR
is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Human Rights Act of 1977 in
that the CONTRACTOR does not on the grounds of race, color national origin, religion, sex, age, handicap or marital
status, discriminate in any form or manner against said CONTRACTOR'S employees or applicants for employment.
The CONTRACTOR understands and agrees that this Contract is conditioned upon the veracity of this Statement of
Assurance. Furthermore, the CONTRACTOR herein assures the COUNTY, that said CONTRACTOR will comply
with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall
be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.
17. HILLSBOROUGH COUNTY EQUAL OPPORTUNITY CLAUSE:
If award of this present bid matter amounts to $10,000" or more, the successful Bidder shall comply with any
requirements imposed by the Hillsborough County Equal Opportunity Clause, attached hereto.
18. AFFIRMATIVE ACTION BUSINESS ENTERPRISE PROGRAM
Hillsborough County hereby notifies all Bidders that Minority Business Enterprises (MBE's), Disadvantaged Minority
Business Enterprises (DMBE's), and Disadvantaged Women Business Enterprises (OW BE's) will be afforded a full
opportunity to participate in any award made by Hillsborough County pursuant to this present proposal matter and will
not be subjected to discrimination on the basis of race, color, sex or national origin.
PART A INSTRUCTIONS - PAGE 4
rev 5/11/05
Hillsborough County prohibits any person involved in Hillsborough County contracting and procurement activities, to
discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap.
19. INDEMNIFICATION CLAUSE: (PATENT or COPYRIGHT)
The CONTRACTOR shall indemnify and hold harmless, and defend the COUNTY and the Board of County
Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and
against all liabilities, damages, claims, demands or actions at law or in equity, including court costs and attorneys'
fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights
or copyrights held by others or for the disclosure or improper utilization of any trade secrets by CONTRACTOR
during or after completion of the Work. These obligations shall survive acceptance of any goods and/or performance
and payment therefore by the County.
20. INDEMNIFICATION CLAUSE: (GENERAL LIABILITY)
The CONTRACTOR shall indemnify, hold harmless, and defend the COUNTY and the Board of County
Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and
against any and all liabilities, losses, claims, damages, demands expenses or actions, either at law or in equity,
including court costs and attorney's fees, that may hereafter at anytime by made or brought by anyone on account of
personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a
result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the
CONTRACTOR, or anyone performing any act required of CONTRACTOR in connection with performance of the
Contract awarded pursuant to this bid. These obligations shalf survive acceptance of any goods and/or performance
and payment therefore by the COUNTY.
21. PUBLIC ENTITY CRIMES STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids, proposals, or replies On leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
Additionally, pursuant to COUNTY policy, a conviction of a public entity crime may cause the rejection of a bid, offer,
or proposal. The COUNTY may make inquiries regarding alleged convictions of public entity crimes. The
unreasonable failure of a bidder, offerer or proposer to promptly supply information in connection with an inquiry may
be grounds for rejection of a bid, offer or proposal.
22. DRUG FREE WORKPLACE PROGRAM:
Pursuant to Section 287.087, Florida Statutes, Bidders may submit with their bids a certificate certifying that they
have implemented a drug free workplace program. If two or more bids are equal in price, quality, and service,
preference will be given in the award process to the Bidder who has furnished such certification with their bid.
Certificate forms are available from the Purchasing Department's website at www.hillsborouohcountv.oralpurchasino.
23. SUPPLEMENTAL UNILATERAL RENEWAL PERIODS:
The COUNTY, through its Purchasing Director, has the option and reserves the right to unilaterally extend this
contract or renewal period for up to three (3) additional thirty (30) day periods, at the same terms and conditions.
Notice of the County's intent to renew shalf be provided by the COUNTY in writing to the CONTRACTOR prior to the
expiration of the contract, or the renewal period if the contract has been previously renewed.
24. BID RESULTS:
Preliminary Bid results are available on the Purchasing Department's website at
www.HillsborouQhCounty.oro/purchasino. The bid results. can be viewed on the Notice of Bids page by clicking on
the "view archived bids and tabulation" link.
rev 5/11/05
PART A INSTRUCTIONS - PAGE 5
25. MAINTENANCE OF RECORDS
The CONTRACTOR will keep adequate records and supporting documentation applicable to this contractual matter.
Said records and documentation will be retained by the CONTRACTOR for a minimum of six (6) years from the date
of termination of this contract. The COUNTY and its authorized agents shall have the right to audit, inspect and copy
all such records and documentation as often as the COUNTY deems necessary during the period of this contract and
during the period of six (6) years thereafter. This six (6) year time period will be extended until audit findings are
issued if an audit is initiated during the si (6) year period. Such activity shall be conducted only during normal
business hours. The COUNTY, during the period of time expressed by the preceding sentence, shall also have the
right to obtain a copy of and otherwise inspect any audit made at the direction of the CONTRACTOR as concerns the
aforesaid records and documentation.
PART A INSTRUCTIONS - PAGE 6
rev 5/11/05
HILLSBOROUGH COUNTY EQUAL OPPORTUNITY CLAUSE
PERTAINING TO ALL CONTRACTS AND SUBCONTRACTS IN THE AMOUNT OF $10,000 or MORE. During the
performance of this contract, the CONTRACTOR agrees as follows.
GENERAL: The CONTRACTOR will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, age, handicap or marital status. The CONTRACTOR will take affirmative
action to ensure that applicants are employed and that employees are treated during employment without regard to
their race, color, religion, sex, national origin, age, handicap or marital status. Such action shall include, but not be
limited to, the following: employment, upgrading demotion, or transfer; recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places, available to emplovees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
RECRUITMENT: The CONTRACTOR will in all solicitations or advertisements for employees placed by or on behalf
of the CONTRACTOR state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, national origin, age, handicap or marital status.
UNION: The CONTRACTOR will send, to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice advertising the labor union or worker's
representative of the CONTRACTOR's commitments under this assurance, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
COMPLIANCE REPORTS: The CONTRACTOR will maintain records and information assuring compliance with
these requirements and shall submit to the designated Hillsborough County official timely, complete and accurate
compliance reports at such times and in such form containing such information as the responsible official or his
designee may determine to be necessary to enable him/her to ascertain whether the CONTRACTOR has complied
or is complying with these requirements. The CONTRACTOR will permit access to his/her books, records, and
accounts by Hillsborough County for purposes to investigation to ascertain compliance with such rules, regulations
and orders. In general, the CONTRACTOR and sub-contractor(s) should have available racial and ethnic data
showing the extent to which members of minority groups are beneficiaries under these contracts.
SANCTIONS: In the event of the CONTRACTOR's noncompliance with the nondiscrimination clause of this contract
or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or
in part and the CONTRACTOR may be declared ineligible for further Hillsborough County contracts by rules,
regulations or order of the Board of County Commissioners of Hillsborough County, or as othelWise provided by law.
SUBCONTRACTORS: The CONTRACTOR will include the provisions of paragraphs (1) through (6) in every
subcontract under this contract--so that such provision will be binding upon each subcontractor. The CONTRACTOR
will take such action with respect to any Subcontractor as the contracting agency may direct as a means of enforcing
such provision including sanctions for noncompliance.
FEDERAL REQUIREMENTS: In the event this contract is paid in whole or in part form any federal governmental
agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall
be specified herein and become a part of this clause.
rev 12/29/04
PART A INSTRUCTIONS - PAGE 7
APPLICABLE STATUTES, ORDERS AND REGULATIONS
FEDERAL
Section I of the Fourteenth Amendment to the United States Constitution.
Title VI of the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 and 1975.
Civil Rights Acts of 1866 and 1870.
Standards for a Merit System of Personnel Administration, 45 CFR 70.
Revised Order Number 4, 41 CFR 60-2.10.
Rehabilitation Act of 1973, P.L. 93-112.
Interagency Agreement dated March 23, 1973.
Executive Order 11914, Non-discrimination with Respect to the Handicapped in Federally Assisted Programs.
Age Discrimination Act of 1967, P.L. 94-135
Civil Rights Act of 1968, P.L. 90-284
Veterans Readjustment Act.
Section 14001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, (State and Local Assistance
Act of 1972, as amended)
Office of Management and Budget Circular 102, Attachment O.
Age Discrimination in Employment Act, as amended.
Civil Rights Restoration Act of 1987.
Federal Civil Rights Act of 1991.
Americans with Disabilities Act
General Accounting Procedures, 45 CFR, Part 74 and/or Part 92
Clean Air Act, 42 USC 1857(h), section 306
Clean Water Act, 33 USC 1368, section 508
Executive Order 11738
Environmental Protection Agency Regulations, 40 CFR, Part 15
STATE
State Constitution, Preamble and Article I, Section 2 protects citizens from discrimination because of race, national
origin, or religion, national origin, sex or physical disability.
Florida Statutes, Chapter 112.042, requires non-discrimination in employment by counties and municipalities, because of race,
color, national origin, sex, handicap, or religious creed.
Florida Statutes, Chapter 112.043, prohibits age discrimination in employment.
Florida Statutes Chapter 413.08, prohibits discrimination against the handicapped in employment.
Florida Statutes, Chapter 448.07, prohibits wage rate discrimination based on sex.
Florida Civil Rights Act of 1992, as amended
HILLSBOROUGH COUNTY
Hillsborough County Ordinance #00-37, (Human Rights Ordinance) prohibits discrimination in housing, employment,
public accommodations, and procurement and contracting.
Hillsborough County Ordinance #83-9, (Homerule Charter) Article IX, Section 9.11, provides that no person shall be deprived or
any right because of race, sex, age, national origin, religion, handicap, marital status, or political affiliation.
rev 12/29/04
PART A INSTRUCTIONS - PAGE 8
PART B
SPECIFICATIONS
SECTION 1: GENERAL REQUIREMENTS
1.01 PURPOSE: This is a term contract for the procurement of goods and/or services as described in Sections 2
and 3 of these specifications. Goods and/or services will be ordered on an as-needed basis.
1.02 BASIS FOR AWARD: Award will be made to the lowest responsible and responsive bidder meeting
specifications, price and other factors considered. Unless otherwise specified in Section 2, SPECIFIC
REQUIREMENTS, if there is more than a single line item, the County reserves the right to award by line
item, section, or by overall total net bid price, whichever it may deem to be in its best interest.
1.03 TERM CONTRACT ESTIMATED QUANTITIES: Quantities given represent the best estimate for use, and
shall be the basis for award. However, these quantities are not intended to represent actual requirements,
which are not known at this time and may vary during the term of this contract. The County does not
guarantee a minimum total purchase. Furthermore, the requirements of the County may exceed best
estimates, and the Vendor shall provide for such requirements, to the extent they are reasonable.
1.04 BRAND NAMES: Brand names, if specified, have been furnished for reference purposes and to establish a
standard of quality. Vendors may bid on referenced brands or on approved equals that conform with all
requirements. Bidders submitting alternate brands/models should indicate brand name and model number,
and include manufacturer's specifications. Hillsborough County will be the sole and final judge as to
whether an alternate model meets specifications.
1.05 OMISSION FROM THE SPECIFICATIONS: The apparent silence of this specification and any addendum
regarding any details or the omission from the specification of a detailed description concerning any point
shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials
and workmanship of the first quality are to be used. All interpretations of this specification shall be made
upon the basis of this agreement.
1.06 VENDOR REQUIREMENTS: The Vendor shall have in his possession applicable permits, licenses, etc.,
that may be required by Federal, State, County, or local law to furnish services under the scope of this
contract and may not be in violation of any zoning or other ordinances in the performance of this contract.
1.07 DEVIATIONS: In accordance with Part A, Instructions to Bidders, Paragraph 4 (DEVIATIONS), bids that
take any exceptions to the specified terms and conditions may be subject to rejection. Potential bidders
requesting additional information or clarification should contact the contact person referenced on the front
sheet of this solicitation.
1.08 UNBALANCED BIDS AND/OR EXCESSIVE LINE ITEM PRICES: The County reserves the right to reject
any bid in which unit prices, in the sole opinion of the County, are unbalanced. In addition, where the
County has decided to make an award, it further reserves the right to non-utilize a particular line item that in
the sole opinion of the County is excessively priced, and reserves the right to obtain that item from another
source.
1.09 COPIES: Bidders are requested to submit an ORIGINAL AND ONE COPY of their proposal (Part C of the
bid document). Also any manufacturer's SPECIFICATION SHEETS, BROCHURES, or other PRINTED
supporting documents should be submitted in duplicate.
1.10 BID RESULTS: Preliminary Bid results are available on the Purchasing Department's website at
www.HillsborouQhCountv.orQ/DurchasinQ. The bid results can be viewed on the Notice of Bids page by clicking on the
"view archived bids and tabulation" link.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 1
PART B
SPECIFICATIONS
1.11 FACILITIES INSPECTION: The County reserves the right, prior to award of any contract, to inspect the
Vendor's facility and place of business to determine that he/she has a regular, bona fide established
business that is presently a going concern and is likely to continue as such, and is capable of providing the
bid item(s), or services, including any later warranty service, or replacement parts support as may be
required.
1.12 ORDERING: The County shall issue a BLANKET PURCHASE ORDER (BPO) to cover any supplies or
services to be furnished under this Contract. The using departments will then issue RELEASE PURCHASE
ORDERS (POs) against the BPO on an as-needed basis. The Vendor shall deliver ONLY upon receipt of a
RELEASE PO. Such orders shall be issued only during the Contract Term, as described in Section 2,
SPECIFIC REQUIREMENTS.
1.13 NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize
the Vendor for all work of this type, which may develop during the contract period. This is not an exclusive
contract. The County specifically reserves the right to concurrently contract with other companies for similar
work if it deems such action to be in the County's best interest.
1.14 ADMINISTRATIVE INCREASE IN AWARD AMOUNT: Without invalidating the Agreement, the County,
through its Purchasing Director, reserves the right to, at any time or from time to time, enter into change
orders (the cumulative total of which shall not exceed $25,000.00), for additions, deletions, or revisions in
the goods or services to be rendered under this Agreement. Once the $25,000.00 cap is reached, all other
additions, deletions, or revisions to the contract shall be at the sole discretion of Hillsborough County, and
may be subject to approval by the Board of County Commissioners. In the case of multiple-term contracts,
this provision shall apply separately to each term.
1.15 PAYMENT SCHEDULE: As established by Florida Statute 218.74 (2), payment for the purchase or lease ot
goods and services shall be made within forty-five (45) days after the date a proper invoice is presented for
payment to the BOCC Accounting Department, Clerk of the Circuit Court, as Accountant to the Board of
County Commissioners and as Chief Disbursement Officer. If payment is not made within the time specified
by law, interest will be paid to the vendor in accordanc;e with Florida Statute 218.74 (4).
1.16 AVAILABILITY OF FUNDING: Award of this solicitation is contingent upon availability of funding.
Furthermore, during the contract period, if funding to finance all or part of the award resulting from this
solicitation becomes unavailable, the County reserves the right to terminate such contract after providing the
Vendor no less than twenty-four (24) hours written notice. The County shall be the final authority as to the
determination of availability of funding. The County agrees to reimburse the Vendor for any authorized
goods or services provided prior to the Vendor's receipt of the aforesaid termination notice.
1.17 FAILURE TO PERFORM: If, during the term of this contract, the Vendor should refuse or otherwise fail to
perform any of its obligations under the contract, the County reserves the right to: 1) Obtain the goods or
services from another Vendor; and/or 2) Terminate the contract; and/or 3) Suspend the Vendor from bidding
for a period of up to 24 months.
1.18 TERMINATION FOR CONVENIENCE: Hillsborough County reserves the right, when the best interest of
the County requires so, to terminate this contract in whole or in part, for the convenience of the County.
Notification of termination shall be provided in writing (certified mail), issued by the Purchasing Department.
1.19 USING AGENCIES AND DEPARTMENTS: Although'certain Hillsborough County departments may have
been specified herein as users, the prices, terms and conditions specified in this bid shall apply to any
Hillsborough County department which may wish to utilize the bid.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 2
PART B
SPECIFICATIONS
. .20 PURCHASING COUNCIL: REFERENCE LAWS OF FLORIDA 69-1112 AND 69-1119. The submission of
any bid in response of this advertised request constitutes a bid for the Governmental Purchasing Council of
Hillsborough County, made under the same conditions, for the same contract price, and for the same
effective period as this bid, to all public entities in Hillsborough County. (SEE ATTACHMENT 1)
Any Hillsborough County public entity may elect to utilize this bid at their option. All Hillsborough County
public entities will issue their own purchase orders and coordinate the delivery locations and quantities with
the successful Vendor(s). HillsborouQh County Government will not be responsible for any transactions
between the successful Vendor(s) and HillsborouQh County public entities that may elect to utilize this bid.
All terms, prices and conditions of this bid will apply between the Vendor(s) and any other Hillsborough
County public entities utilizing this bid. NOTE: THE QUANTITIES ESTIMATED IN THIS BID ARE FOR
HILLSBOROUGH County ONLY.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 3
PART B
SPECIFICATIONS
SECTION 2: SPECIFIC REQUIREMENTS
2.01 PURPOSE: The purpose of these specifications is to describe the requirements of various Hillsborough
County Departments for Heavy Duty Equipment Rental.
2.02 CONTRACT TERM: This bid will be in effect for a one year period from date of award or for one year from
expiration ot current Vendor award, whichever is later. Bid prices shall remain firm for the entire term of
the contract.
2.03 RENEWAL OPTION: At the sole option of the COUNTY, through the County Administrator, this Contract
may be renewed for an additional one year period at the same prices, terms and conditions; the County
alone will determine whether or not the option will be exercised, based on its convenience and best
interest.
2.04 BASIS FOR AWARD: Award will be made by line item, to the three (3) lowest responsive and responsible
bidders utilizing the following formula:
a) The total of thirty (30) daily rentals plus (+) four (4) weekly rentals plus (+) one (1) monthly rental
plus (+) four (4) round trip mobilization charges.
2.05 EQUIPMENT DEMONSTRATION: The County reserves the right to require a demonstration of equipment
as proposed. Each bidder shall be prepared to schedule a demonstration of the type of equipment
proposed at a time and location mutually agreeable to the bidder and the County. The location should be
within reasonable traveling distance from the County; and the County shall be responsible for the travel
expenses of its staff members attending such demonstration. Equipment demonstration may be of vendor-
owned equipment or third-party owned equipment. Failure on the bidder's part to provide the equipment
demonstration as described may result in the rejection of their bid and/or suspension from consideration for
award of bids or contracts for a period not to exceed twenty-four (24) months.
2.05.1 OPTIONAL PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions
therein, should any said governmental entity desire to' buy under this proposal.
POLK COUNTY: Bidders are to indicate whether they are willing to extend bid prices to Polk County,
Florida. Should any rate or mobilization pricing differ from that bid to Hillsborough County, such charges
should be submitted as a supplement to the bid proposal. Polk County estimates annual expenditures of
$75,000.00 relating to this contract.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 4
PART B
SPECIFICATIONS
.iECTION 3: TECHNICAL REQUIREMENTS
1) GENERAL:
a) This solicitation is for the establishment of a contract for the rental of construction equipment.
2) QUALIFIED PRODUCTS:
a) With respect to products described in the specifications, award will be made only for such
products as have, prior to the time set for the opening of bids, been tested and approved for
inclusion in the QPL by Hillsborough County.
3) Purpose: The purpose of this invitation to bid is to establish a contract for the rental of various heavy
construction equipment in conjunction with the County's total needs on an as needed and when needed
basis.
4) Notice to Obtain: Suppliers must be able to furnish equipment requested within forty-eight (48) hours
after written or verbal request. Unless the supplier provides the County with a valid reason, failure to
comply with a request for equipment could be cause to cancel the rental request. Suppliers not able to
supply equipment after three (3) request will be considered a non-responsive supplier and will be
dropped on a per item basis. If a Supplier consistently fails to have equipment available for the County,
the County reserves the right to cancel their entire Contract.
Time Basis Rates:
a) All bills shall show charges for rentals by the day, by the week, and by the month. The general
practice of the industry shall apply basing rates on eight (8) hours use per day, forty (40) hours
use per week, and one hundred seventy-six (176) hours of use per month. No other
interpretation of time basis will be accepted.
b) Rental rates shall be computed in the manner that results in the lowest billing to the County. For
example:
i) The minimum rental period shall be one (1) day.
ii) A daily rental that is kept for a week will have the rate adjusted to reflect the weekly rental
rate if that rate is less costly to the County.
iii) A weekly rental that is kept for a month will have the rate adjusted to reflect the monthly
rental rate if that rate is less costly to the County.
c) All bills for equipment used in excess of the stated measures (day, week, or month) will reflect
prorate billing only. Examples of this are:
i) A rental for three (3) days and three (3) hours would be billed at three (3) and 3/8 the
daily rate. (3.38 days)
ii) A rental for two (2) weeks and four (4) days would be billed at two (2) and 4/5 the weekly
rate. (2.80 weeks)
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 5
PART B
SPECIFICATIONS
iii) A rental for two (2) weeks and thirty (30) hours would be billed at two (2) and 30/40 the
weekly rate.(2.75 weeks)
iv) A rental for one (1) month, two (2) weeks, one (1) day and two (2) hours would be billed
at one (1) and 90/176 the monthly rate. (1.51 months)
d) Billings for calculated rental periods shall be 5/4 rounded to the nearest hundredths. For
example:
i) A calculation of 1.51136 shall be billed at 1.51.
ii) A calculation of 3.5845 shall be billed 3.58.
iii) A calculation of 2.375 shall be billed at 2.38.
iv) A calculation of 7.56818 shall be billed at 7.57.
e) When equipment is rented for a stated period of time and is returned prior to the expiration of
that time, the rental bill will be computed at the lesser of the two methods:
i) For the time originally requested, or
ii) For the actual time the equipment was in the possession of the County.
6) Rental Period: The rental rate shall begin upon the latter of when the equipment is delivered in
operating condition to the work site or the scheduled rental start time. The rental shall end upon proper
notification by a Hillsborough County representative that the rental has concluded. Notification may be
made by the County's representative to the vendor verbally or in writing.
7) Mobilization is Round Trip: Mobilization charges shall mean delivery, set-up and "Ready-to-use" at
locations specified and removal from County property upon termination of job. The County reserves the
right to exercise one way only mobilization, paying only 12 the quoted charge. Mobilization charges must
be quoted flat rate only; such charges shall be inclusive of all areas within Hillsborough County. Per mile
or other scales shall not be accepted. Multiple items delivered at one time to a single location will result
in only one delivery charge.
8) Fuel and Lubricants: The equipment shall be provid~d to the County properly serviced with necessary
lubricants and engine fuel. The County will furnish additional fuel and lubricants while the equipment is
in use. This section and its sub-sections apply to diesel fuel only.
a) The County will reimburse the supplier for refueling the equipment to the original tank level
provided at the beginning of the rental period provided:
i) The rented equipment had a full tank of fuel at the time the equipment was picked-up or
delivered to the County, and
ii) A County representative acknowledges that the equipment was returned with less fuel
than that provided at the beginning of the rental period provided.
iii) Replacement fuel is charged at a rate not to exceed one and one half (112) times the
prevailing local public service station rate for the same type fuel.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 6
PART B
SPECIFICATIONS
b) Fueling service fees will not be accepted. County will only reimburse the supplier for fuel
replacement costs as stipulated.
9) Cost of Repairs: The Supplier shall bear the cost of any and all repairs to the equipment furnished
caused by the normal wear and tear except where the equipment has been subjected to abuse,
accident or negligence on the part of the County. The Supplier shall bear the cost of any towing charges
resulting from equipment failure. The County shall be given credit, in the form of a pro-rata deduction
per hour, for all time over one (1) hour that the rental equipment could not be used due to the equipment
failure. This deduction must be submitted with the rental invoice for the equipment rented. Any repairs,
billable to Hillsborough County, must be tendered on a separate invoice and submitted as a claim to the
Hillsborough County Insurance and Claims Management Division. The payment of claims will be
evaluated on a claim by claim basis.
10) Preventive Maintenance: It is the Suppliers responsibility to provide all required preventive
maintenance with the exception of fluid level checks and replenishments, daily lubrications and tire
pressure checks. Any required Preventive Maintenance work shall be coordinated with the County's
representative.
11) Response Time for EQuipment Repairs: The supplier shall, upon notification by the County, provide
on-site service to equipment that has failed to function properly. Such service shall be provided within
four (4) hours from the time of notification.
12) Replacement ReQuirements: If a determination is made by the County that the rented equipment is
unreliable, due to extended down-time or repetitive break-downs, the Supplier shall provide an
equipment replacement. Such replacement shall be made available to the County within 24 hours upon
notification.
13) Emeraency Use: The Supplier agrees, by the submission of their bid, to provide service to Hillsborough
County first and with all possible priorities in case of emergencies or natural disasters. Suppliers shall
provide emergency phone numbers and/or pager numbers for 24-hour contact.
14) Rental of EQuipment Not Listed on this Bid Solicitation: While the County has attempted to list all
major items on the bid solicitation, which are utilized by County departments in conjunction with their
operations, there may be ancillary units that must be rented by the County during the term of this
contract. Under these circumstances, the County will solicit written price quotes from all successful
bidders for these additional requirements. These additional awards may be incorporated into the
existing contract(s); and the pricing obtain by the County shall remain firm through the end on the
contract period(s). The County reserves the right to award these ancillary units based on the lowest
price quote or to reject the quote(s) and obtain from another source.
Rev. 12/29/04
PART B SPECIFICATIONS - PAGE 7
PART C
BID PROPOSAL
BIONO.
T -0284-05(JJ)
TITLE:
Rental of Heavy Equipment
By signing this bid proposal, the undersigned affirms that said bid proposal is made without any understanding, agreement, or
connection with any other person, firm or corporation providing a bid proposal for the same purpose and that this bid proposal
IS in all respects fair and without collusion of fraud. The undersigned understands that this bid proposals must be signed in ink
and that an unsigned bid proposal will be considered incomplete and subject to rejection by Hillsborough County.
SUBJECT TO THE DEVIATION STATED IN THE PARAGRAPH BELOW, THE UNDERSIGNED, BY THE SIGNATURE
EVIDENCED, REPRESENTS THAT THE BIDDER ACCEPTS THE TERMS, CONDITIONS, MANDATES, AND OTHER
PROVISIONS OF THE FOREGOING INSTRUCTIONS TO BIDDERS, (PART A); AND THE SPECIFICATIONS, (PART B);
SAID DOCUMENTS BEING THE STRICT BASIS UPON WHICH THE SAID BIDDER MAKES THIS BID PROPOSAL. ALSO,
THE UNDERSIGNED (BIDDER), BY THE SIGNATURE EVIDENCED, AGREES TO INDEMNIFY AND HOLD HARMLESS
THE COUNTY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT FROM AND AGAINST ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES (INCLUDING COURT COSTS AND A TIORNEY'S FEES) RESULTING OUT OF ANY
ALLEGED INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS HELD BY OTHERS AS ARISES OUT OF THE
BIDDER'S PERFORMANCE OF ANY CONTRACT AWARDED BY THE COUNTY PURSUANT TO THIS BID MATTER.
* * * use BLACK INK ONLY * * *
ALL THE FOLLOWING INFORMATION MUST BE HEREUPON GIVEN FOR THIS BID PROPOSAL TO BE CONSIDERED BY
HILLSBOROUGH COUNTY:
Deviations: NOTE - Any representation (below) of deviation{s) may cause this bid proposal to be rejected by
Hillsborough County. All Bidders should carefully read paragraph 4 of Instructions to Bidders, (Part A).
The following represents every deviation (itemized by number) to the foregoing Instructions to Bidders, (Part A), and
the Specifications, (Part B), upon which this bid proposal is based, to wit:
PART C BID PROPOSAL - PAGE 1
PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
1. Aerial work platform - scissors type, narrow, 20 foot
platform height, self-propelled, electric
Qualified Products List:
- Skyjack SJ3220
- Genie GS2032
- JLG 2033E3
2. Aerial work platform - scissors type, 25 - 26 foot
platform height, self-propelled, diesel or electric, 4x2
I 4x4 drive as may be requested by the County
Qualified Products List:
- Skyjack SJII/4626
- Skyjack SJII16826
- Genie GS2646
- Genie 2668DC
- Genie GS2668RT
- JLG 2646
- JLG 2658
- JLG 260 MRT
3. Aerial lift platform - hydraulic "telescopic" boom, 60
foot platform height, self-propelled, 2-man rotating
bucket with control panel, gas or diesel, 4x2 14x4
drive as may be requested by the County
Qualified Products List:
- Genie S-60
- Genie Z-60
- JLG 600S
- JLG E600A
- JLG 600A
4. Aerial bucket lift - electric, push-around type, 25 to
30 foot platform height
Qualified Products List:
- Genie AWP-25S
- Genie AWP-30S
- Skyjack SJPI25
- Skyjack SJPX30
- JLG 30AM
- JLG 36AM
5. Air compressor - 125 cfm, trailer mounted, diesel
Qualified Products List:
- LeRoi Q125DJE
- Sullair 125 CFM
I - Sullivan D125Q6
PART C BID PROPOSAL - PAGE 2
PART C
BID PROPOSAL
r
Item Daily Weekly Monthly Mobilization l
No. Description Rate Rate Rate (Round Tri~~l
16. Air compressor-185 to 375 CFM, trailer mounted, ,
I
i diesel i I I
! I
Qualified Products List: i I i
i
- LeRoi Q185 I I
- LeRoi Q375 I
- Ingersoll-Rand P185WIR I
- Ingersoll-Rand XP375WIR I
- Sullair 185 CFM I I
- Sullair 375 CFM
- Sullivan D185Q6
- Sullivan D375Q7
.
7. Auger - one man type, gas, to include auger bit and
extension I
Qualified Products List: I
- General 210
- Ground Hog 1 M5C
- Stihl BT120C
8. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 6 to 12 inches
diameter & up to 6 foot deep wi extensions if
necessary (does not include skid steer or excavator)
Qualified Products List:
- Bobcat Model 12 .
9. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 18 inch diameter &
up to 6 foot deep wi extensions if necessary (does
not include skid steer or excavator)
Qualified Products List:
- Bobcat Model 12
10. Brush Chipper - trailer mounted, 6 to 12 inch
capacity, gas
Qualified Products List:
- Morbark 2050
- Morbark 2070XL
- Vermeer BC625
- Vermeer BC935
- Vermeer BC1230A
11. I Compactor - small plate type 3,300 Ib, gas, walk-
behind
Qualified Products List:
- Multiquip MVC-90 J
- Wacker WP1550A
PART C BID PROPOSAL - PAGE 3
PART C
BID PROPOSAL
r Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
12. Compactor - vibratory rammer type Gumping jack)
3000 Ib, gas
Qualified Products List:
- Mikasa MT-75HS
- Wacker BS 600
13. Compactor - large plate type 7,000 Ib, gas,
reversible
Qualified Products List:
- Bomag BPR 30/38D
- Mikasa MVH-200
- Wacker BPU-3345
14. Concrete buggy - ride-on type, gas, 16 cu. Ft.
Qualified Products List:
- Wacker WB-16
- Whiteman WPB-16
15. Concrete mixer - 9 cu. Ft. capacity, towable, gas
Qualified Products List: .
- Multiquip WC-92PB8C
- Whiteman WC-92P
16. Concrete trowel- 36 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 36
- Whiteman J-4 5H
17. Concrete trowel- 48 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 48
- Whiteman B-4 8H
18. Demolition hammer (attachment) - hydraulic, skid
steer/ mini excavator mounted
Qualified Products List:
- Indeco 351 SP
- Kent KF-4QT
- Bobcat B700
- Bobcat B850
- Bobcat B950
- Okada OKB302A
PART C BID PROPOSAL - PAGE 4
PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization I
No. Description Rate Rate Rate (Round Trip)
-
19. Demolition hammer (attachment) - hydraulic,
backhoe mounted, 1200 Ib
Qualified Products List:
- Indeco 650HD
- Kent KF-9QT ,
- Okada OKB305 nl
20. Dozer - 2.0 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP I
Qualified Products List:
- Caterpillar 05
- Case 550
- John Deere 450H
- Komatsu D38E-1 Plus
21. Dozer - 3.44 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP
Qualified Products List:
- Caterpillar D5M LGP
- Case 850
- John Deere 700H
- John Deere 750C
22. Excavator - mini type, 9.5 foot dig depth, rubber
track, diesel
Qualified Products List:
- Bobcat 328
Caterpillar 303.5 ;
- I
- Takeuchi TB125
23. Excavator - long reach type, 21 foot dig depth, steel
track, diesel
Qualified Products List:
- Kobelco SK160LC
- Caterpillar 320BL
- JCB JS160NL
- John Deere 160 LC
- John Deere 200 LC
24. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- . Gradall XL 220
25. Excavator - lrack type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 5200
PART C BID PROPOSAL - PAGE 5
PART C
BID PROPOSAL
, Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
26. Excavator - wheeled type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 3300
27. Excavator - truck mounted, 39,000 Ib gvw, 4x4
Qualified Products List:
- Gradall XL 4100
28. Excavator - truck mounted, 62,000 Ib gvw, 6x6
Qualified Products List:
- Gradall XL 5100
29. Forklift - warehouse type, 3000 to 5000 Ib capacity,
propane
Qualified Products List:
- Komatsu FG15
- Komatsu FG25
- Yale ERP035-TG
- Yale GP-RG
30. Forklift - rough terrain type, straight mast, 6000 lb
capacity, diesel, 2WD or 4WD
Qualified Products List:
- Case 586G
- JCB 930
- John Deere 486E
31. Forklift - "telescopic" reach type, 6000 Ib capacity,
36 to 45 foot lift height, diesel
Qualified Products List:
- JCB 506C
- Terex SS-636C
- Gradall G943A
- Gradall 534D9-45
32. Generator - 25 KW, trailer mounted, diesel
Qualified Products List:
I - Multiquip DCA-25SSIU
PART C BID PROPOSAL - PAGE 6
PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization I
No. Description Rate Rate Rate (Round Trip) I
33. Generator - 45 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-45SSIU i
i
i
I
I
I
34. Generator - 60 KW, trailer mounted, diesel I
Qualified Products List: I
- Multiquip DCA-60SSIU I
i
35. Grader - 12 foot blade, diesel I
Qualified Products List:
- John Deere 670C
- Champion 710 ,
I ,
- Komatsu GD530A-2C I
36. Grader/Maintainer - 10 foot blade, diesel
Qualified Products List:
- Fiat FG65C
37. Light tower - trailer mounted, 4000 watt, diesel
Qualified Products List:
- TerexlAmida AL4060D
- Ingersoll-Rand Lightsource
- Magnum 4060 I-MH
38. Loader backhoe combination - compact type, 8 to
10 foot dig depth, rubber tired, gas, 8 to 18 inch I
buckets as needed
Qualified Products List:
- Allmand TLB25
- Terramite T5C I
, - John Deere 110 !
- Kubota L35
39. Loader backhoe combination - 1 cu. Yd. loader
bucket, rubber tired, diesel, 12 or 18 inch backhoe
bucket as needed, 2WD or 4WD
Qualified Products List:
- John Deere 310E
- Case 580
- Caterpillar 416C
- JCB 214
40. Loader backhoe combination - 1 1,,4 cu. Yd. loader
PART C BID PROPOSAL - PAGE 7
PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
bucket, rubber tired, diesel, 12, 18,24,30 or 36 inch
backhoe bucket as needed. 2WD or 4WD
Qualified Products List:
- John Deere 41 OD
- Case 590L
- Caterpillar 436
- JCB 214
41. Loader - skid steer type, 1350 Ib rated capacity,
diesel
Qualified Products List:
- Bobcat 753
- New Holland LX 565
42. Loader - skid steer type, 1900 Ib rated capacity, hi-
flow hydraulics, diesel
Qualified Products List:
- Bobcat 863 H
- New Holland LX 865
43. Loader - compact, rubber track type, .48 cu. Yd.
bucket capacity, diesel
Qualified Products List:
- Bobcat T190
- TakeuchiTL126
44. Loader - landscape type, wI box blade attachment,
diesel
Qualified Products List:
- John Deere 4310
- John Deere 4200
- John Deere 4500
- John Deere 21 OLE
- Case 570L XT
- New Holland TC33D
45. Loader - wheel type, articulated. 2 to 2 ~ cu. Yd.
bucket, rubber tired, diesel
Qualified Products List:
- John Deere 444H
- Case 621 C
- JCB 426 HT
- Komatsu W A 180-3
- Caterpillar 928G
- Volvo L50D
146. Loader - wheel type, articulated, 3 to 3 ~ cu. Yd.
bucket, rubber tired. diesel
PART C BID PROPOSAL - PAGE 8
PART C
BID PROPOSAL
litem ! Daily Weekly Monthly Mobilization
No. Description I Rate Rate Rate (Round Trip)
Qualified Products List:
- John Deere 544H
- John Deere 624H
- JCB 436ZX
- Caterpillar 950G
- Volvo L70D
47. Mortar mixer - 7 cu. Ft. capacity, towable, gas
I Qualified Products List:
I - Whiteman WM-700P
- Multiquip WM-700P-8HC
48. Mower - high wheel type, for brush cutting, walk-
behind, gas I
- Billygoat BC2401 H I
I
- DR Brush Mower 15 HP
--
49. Milling machine/Planer (attachment) - skid steer
mounted, 18 inch drum width, hi-flow hydraulics
Qualified Products List:
- Bobcat Hi-flow planer
50. Pressure washer - cold water, 2000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM JP-2003
- Alto/Simpson DDF-2000-CHS
- Landa PC4-20321 -t
- BE PE-2055
i
51. Pressure washer - cold water, 3000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW -3004
- Alto/Simpson WS-3000-GHS
- Landa PC4-30321
52. Pressure washer - cold water, 4000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW -4003
- Alto/Simpson WS-4040-CVS
- BE PE-4013
53. Pump - 4 inch centrifugal, trailer mounted, self-
priming, diesel, w/ one suction hose and one
discharge hose (sound attenuated)
Qualified Products List: J
- Thompson 4 HT
PART C BID PROPOSAL - PAGE 9
PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
- Wacker PTS 4V
54. Pump - 6 inch centrifugal, trailer mounted, self-
priming, diesel, wi one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 6 HT
- Wacker PT 6L T
55. Pump - 8 inch centrifugal, trailer mounted, self-
priming, diesel, wi one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 8 HTC
56. Pump - 12 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 12HTC
57. Pump - 8 inch centrifugal, self-priming diesel, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 8V
58. Pump - 6 inch centrifugal, self-priming diesel, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 6HT
- Wacker PT-6L T
- MQ-61TDD
59. Pump - 4 inch centrifugal, self-priming, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 4HT
- MQ-41TDH
60. Pump - 4 inch double diaphragm, trailer mounted
with one suction hose and one discharge hose (non
sound attenuated)
I Qualified Products List:
- Thompson 4D
PART C BID PROPOSAL - PAGE 10
PART C
BID PROPOSAL
Item Oaily Weekly Monthly Mobilization
No. Oescription Rate Rate Rate (Round Trip)
-- f---- ..~
61. Pump - dewatering type, 3" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List: I
Wacker PT3A I i
- I
- MQ QP-301THC --
62. Pump - dewatering type, 4" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PTS 4V
- MQ QP-40THC
63. Pump - dewatering type, 3" diaphragm trash
portable with one suction hose and one discharge I
hose
Qualified Products List: I
- Wacker POT 3A
- MQ 0306H -j
64. Roller - riding type, asphalt, vibratory, one ton,
double drum
Qualified Products List:
- Wacker RO 11A
- Ingersoll-Rand 00-12
- Multiquip AR-13HC
- Bomag BW900
65. Roller - riding type, vibratory, 3 to 5 ton, double drum
Qualified Products List:
- Hamm HO 12
- Ingersoll-Rand 00-24
- Ingersoll-Rand 00-32
- Caterpillar CB214C
- BomaQ 1200
66. Roller - riding type, vibratory, 6 to 10 ton, single or
double drum
Qualified Products List:
- Hypac C-830B
- Ingersoll-Rand SO 400
- Ingersoll-Rand SO 700
- Caterpillar CB534C
- Bomag 1720
- Bomag 1410
- Hamm 3205 I
- Hamm 3307 I I
I !
l
PART C BID PROPOSAL - PAGE 11
PART C
BID PROPOSAL
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
67. Roller - riding type, vibratory, 25 to 35 ton, single
drum
Qualified Products List:
- Ingersoll-Rand SD 100D
- Hamm 3412
- Caterpillar CS563
- Bomag BW213-3
68. Sand blaster - 1.5 cu. Ft. pot capacity, 100 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-01
69. Sand blaster - 6.5 cu. Ft. pot capacity, 600 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-03
70. Saw - walk-behind type, 14 inch blade capacity, gas
Qualified Products List:
- Edco ASB-14
- Core Cut CC 11 09H
- Target ES14
- Target Portacut IV
71. Stump grinder - trailer mounted, heavy duty
Qualified Products List:
- Vermeer SC252
- Vermeer SC630
- Dosko 337
- Rayco RG20HD
72. Trencher - walk-behind type, 10 inch to 2 foot
depth, gas
Qualified Products List:
- Ditchwitch 1230
- Vermeer V1350
73. Trencher - riding type, 63 inch trench depth, diesel
Qualified Products List:
- Ditchwitch DW3700
174. Truck - Dump, 10 cu. Yd, diesel, highway legal
Qualified Products List:
PART C BID PROPOSAL - PAGE 12
PART C
BID PROPOSAL
Item I~ Daily Weekly Monthly Mobilization I
No. Description Rate Rate Rate (Round Tri~
I - DDTT416B
, I I I
;
r----~ ..--.-- ~- 1------ ~
75. Truck - under bridge inspection type, 180 to 236 I
, r
foot telescoping & articulating, diesel r
Qualified Products List: i i
- Bronto Truck mounted ,
I
- JLG 150 Skylift I
76. Truck - water tank type, 2000 gallon, diesel,
highway legal
Qualified Products List:
- United WT2000
77. Truck - crane type, 28,000 to 30,000 Ib capacity, ,
I
truck mounted, highway legal i
Qualified Products List:
- T erex Stinger 2863
- T erex Stinger 3063
I
78. Welder - trailer mounted, 225 to 250 amp, arc,
diesel, includes lead and ground cable & hood
Qualified Products List:
- Lincoln Ranger 8
- Lincoln SA-250
- Bobcat 225
79. Pallet Jack - Manually operated, hydraulic
Qualified Products List:
- Crown pallet jack
***NOTICE***
THIS BID CONTAINS AN OPTION FOR ONE (1) ONE YEAR RENEWAL, AT THE SOLE OPTION OF
THE COUNTY; REFER TO PART B (SPECIFICATIONS), PARAGRAPH 2.03 OF THIS BID.
1. LITERATURE: Any manufacturer's specification sheets, brochures, or other printed supporting
documents are submitted in duplicate.
2. CO-OPERATIVE BID: Bidders shall indicate if they will extend all prices, terms, and conditions to
members of the CO-OP as provided for in item 2.05:
(CHECK ONE)
YES
PART C BID PROPOSAL - PAGE 13
PART C
BID PROPOSAL
NO
POLK COUNTY: Bidders shall indicate if they will extend all prices, terms, and conditions to Polk
County as provided for in item 2.05:
(CHECK ONE)
YES
NO
3. I HAVE COMPLIED WITH ALL THE SPECIFICATIONS IN PART B OF THIS BID
(CHECK ONE)
YES
NO
IF NO, I HAVE IDENTIFIED THE DEVIATIONS OR NON-COMPLIANCE HERE IN PART C.
NOTE: PURSUANT TO THE TERMS AND CONDITIONS, FAILURE TO MEET OR EXCEED
SPECIFICATIONS MAY RESULT IN REJECTION OF YOUR BID. SEE PART A, PARAGRAPH 4
OF THE BID PACKAGE.
***NOTICE***
ADDING YOUR OWN TERMS AND CONDITIONS MAY CAUSE YOUR BID TO BE REJECTED. REFER
TO PART A -INSTRUCTIONS TO BIDDERS, "GENERAL TERMS AND PROVISIONS", ITEM 1(b).
PART C BID PROPOSAL - PAGE 14
PART C
[YENDQR REFERENCES> I
THE FOLLOWING INFORMATION IS REQUESTED IN ORDER THAT YOUR BIDS MAY BE REVIEWED AND
PROPERLY EVALUATED.
COMPANY NAME:
LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS:
BUSINESS ADDRESS:
HOW LONG IN PRESENT LOCATION:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
INTERNET SITE ADDRESS:
CONTACT PERSON TO PLACE ORDERS:
PHONE:
LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED
SIMILAR CONTRACT SERVICES FOR:
1. 2.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
3. 4.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
PART C BID PROPOSAL - PAGE 15
PART C
BID PROPOSAL
SIGNATURE PAGE
A. Name of Bidder:
(TYPED OR PRINTED: FIRM, CORPORATION, BUSINESS OR INDIVIDUAL)
B. Our local (to Tampa, Florida) business address is:
C. Federall.D. Number
D. Our primary business address is:
E. Our present business phone number is:
F. Our present fax number is: (
G. Our present e-mail address is:
H. Our business has been under its present name since:
At this present time we understand all requirements and state that as a serious Bidder we will comply with all the
stipulations included in the bid package.
The above-named Bidder affirms and declares:
(1) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this
Proposal or in the contract proposed to be entered into.
(2) That this Proposals is made without any understanding, agreement, or connection with any other
person, firm or corporation making a Proposal for the same purpose, and is in all respects fair and
without collusion or fraud.
(3) That the Bidder is not in arrears to Hillsborough County upon debt or contract and is not a defaulter, as
surety or otherwise, upon any obligation to Hillsborough County.
(4) That no officer or employee or person whose salary is payable in whole or in part from the County
Treasury is shall be or become interested, directly or indirectly, surety or otherwise in this proposal; in
the performance of the Contract; in the supplies, materials, equipment, and work or labor to which they
relate; or in any portion of the profits thereof.
BIDDER:
By: (SEAl)
(Authorized Signature signed in ink)
(Printed Name of Signer)
(Title of Signe~)
(Date Signed)
Rev. 7/15/03
PART C BID PROPOSAL - PAGE 16
ATTACHMENT 1
HILLSBOROUGH COUNTY GOVERNMENTAL PURCHASING COUNCIL
City of Tampa
306 E. Jackson St.
Tampa, FL 33602
Phone: (813) 274-8353
FAX: (813) 274-8355
www.tampaQov.net
Hillsborough County School Board
P. O. Box 3408
Tampa, FL 33601-3408
Phone: (813) 272-4329
FAX: (813) 272-4007
www.sdhc.k12.fl.us
City of Tampa Housing Authority
808 North Rome Avenue
Tampa, FL 33607
Phone: (813) 253-0551
FAX: (813) 251-4522
www.thafl.com
City of Plant City
P. O. Drawer C
Plant City, FL 33564
Phone: (813) 659-4200
FAX: (813) 659-4232
www.plantcitygov.com
City of Temple Terrace
P. O. Box 16930
Temple Terrace, FL 33687
(813) 989-7100
FAX: (813) 989-7185
www.templeterrace.com
Hillsborough Community College
39 Columbus Dr.
Tampa, FL 33606
Phone: (813) 253-7060
FAX: (813) 253-7561
www.hcc.cc.fl.us
Tampa Palms Community Dev. Dist.
16311 Tampa Palms Blvd W
Tampa. FL 33647
JPhone: (813) 977-3933
Fax: (813) 977-6571
www.tpoa.net
Hillsborough County Purchasing Dept.
601 E. Kennedy Blvd.. 18th Floor
P. O. Box 1110, Tampa, FL 33601-1110
Phone: (813) 272-5790
FAX: (813) 272-6290
www.hillsborouQhcountV.orq/purchasinQ
Tampa Port Authority
1101 Channelside Drive
Tampa, FL 33602
Phone: (813) 905-5164
FAX: (813) 905-5109
www.tampaport.com
Clerk of Circuit Court
601 E. Kennedy Blvd.-13th Floor
P.O. Box 1110
Tampa, FL 33601
Phone: (813) 276-8100 Ext.7721
FAX: (813) 272-5521
www.hillsclerk.com
Hillsborough County Sheriff
P. O. Box 3371
Tampa, FL 33601-3371
Phone: (813) 247-8029
FAX: (813) 247-8246
www.hcso.tampa.fl.us
Tampa Sports Authority
4201 N. Dale Mabry Hwy.
Tampa. FL 33607
Phone: (813) 673-4300
FAX: (813) 673-4312
www.tampasportsauthoritv.com
Expressway Authority
412 E. Madison, Suite 800
Tampa. FL 33602
Phone: (813) 272-6740
FAX: (813) 273-3730
www.lampa-xwaV.com
State Attorney's Office
South Annex Tower
800 E. Kennedy Blvd. 5'h Floor
Tampa, FL 33602
Phone: (813)274-1998
FAX: (813) 272-7014
www.sao13th.com
Tax Collector
601 E. Kennedy Blvd., 14th Floor
Tampa, FL 33602
Phone: (813) 307-6222
FAX: (813) 307-6521
www.hillstax.orq
Hills. Area Regional Transit Authority
4305 E. 21 st Avenue
Tampa, FL 33605
Phone: (813) 623-5835
FAX: (813) 664-1119
www.hartline.orq
Property Appraiser
601 E. Kennedy Blvd., 16th Floor
Tampa, FL 33602
Phone: (813) 272-6100
FAX: (813) 272-5519
www.hcpafl.org
The Children's Board of Hills. County
1002 E. Palm Avenue
Tampa, FL 33605
Phone: (813) 229-2884
FAX: (813) 228-8122
www.childrensboard .orq
Hillsborough County Aviation Authority
P. O. Box 22287
Tampa International Airport
Tampa, FL 33622-2287
Phone: (813) 870-8730
FAX: (813) 875-6670
www.tampaairport.com
Supervisor of Elections
601 E. Kennedy Blvd., 16th Floor
Tampa, FL 33602
Phone: (813) 276-8274
FAX: (813) 272-7043
www.votehillsborouqh.orq
Hillsborough County Purchasing Council bids may be available to all chartered municipalities, local public agencies, boards, and other
authorities existing in Hillsborough County.
524_GPC Listdot
(Revised - 12-07-04)
ATTACHMENT 2
Form W-9
Request for Taxpayer
Identification Number and Certifici)tion
Give form to the
requester. Do not
send to the IRS.
(Rev. January 2003)
Department of the Trea-wry
fntemal Revenue Service
N
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en
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a.
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o
CJ) II)
~.~
... ...
.. 0
o 2
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o:~
'ij
<Il
Q.
III
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Name
Business name. If different from above
D Individual!
Check appropriate box: Sole proprietor
Address (number. street. and apt. or suite no.)
D Corporation
City. state. and ZIP code
List account number(s) here (optional)
Tax a er Identification Number (TIN)
D Partnership D Other ~ . . __ . __ . .. .. . . .. ..
D Exempt from backup
withholding
Requester's name and address (optional)
Enter your TIN in the appropriate box. For individuals. this is your social security number (SSN).
However. for a resident alien. sole proprietor. or disregarded entity. see the Part I instructions on
page 3. For other entities. it is your employer identification number (EIN). If you do not have a number.
see How to get a TIN on page 3.
Note: If the account is in more than one name. see the chart on page 4 for guidelines on whose number
to enter.
I Social security number
I I + I + I
or
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has
notified me that I am no longer subject to backup withholding. and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement
arrangement (IRA), and generally. payments other than interest and dividends. you are not required to sign the Certification. but you must
provide your correct TIN. (See the instructions on page 4.)
Sign I Signature of
Here .. u.s. person ~ Date ~
Purpose of Form
A person who is required to file an information return with
the iRS. must obtain your correct taxpayer identification
number (TIN) to report. for example. income paid to you. real
estate transactions. mortgage interest you paid. acquisition
or abandonment of secured property, cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use Form W.g only if you are a U.S. person
(including a resident alien). to provide your correct TIN to the
person requesting it (the requester) and. when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W-9
to request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.s. tax on
certain types of income. However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Cat. No. 10231X
Form W-9 (Rev. 1-2(03)
ADDENDUM
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
P.O. BOX1110
601 E. KENNEDY BLVD., 18TH FLOOR
TAMPA, FLORIDA 33601
BID NO. T-0284-05(JJ)
ADDENDUM NO. ONE (1)
DATE 7/11/05
PAGE 1 OF 1
Jay Jackus, CPPO, CPPB
Procurement Supervisor
TO BIDDER: This Addendum is an integral part of the bid package under consideration by you as a bidder in
connection with the subject matter identified below. Hillsborough County deems all sealed bid proposals to have
proffered in recognition and consideration of the entire bid package - including all issued addenda. For purposes
of clarification, receipt of this Addendum by a bidder should be evidenced by returning it (signed) as part of the
Bidder's sealed bid proposal at bid opening.
If the Bid Proposal has already been received by the Hillsborough County Purchasing Department, BIDDER should
return this ADDENDUM in a separate sealed envelope which is clearly marked with the BID TITLE, BID NUMBER
AND OPENING DATE AND TIME, stated as follows:
BID TITLE: Rental of Heavy Equipment
BIDS WILL BE OPENED AT 2:00 P.M. ON Tuesday, July 26,2005
Purchasing Department, 601 E. KENNEDY BLVD., 18TH FLOOR 33602.
REASON FOR ISSUANCE OF THIS ADDENDUM: THE INFORMATION INCLUDED HEREIN IS HEREBY
INCORPORATED INTO THE CONTRACT DOCUMENTS OF THIS PRESENT BID MA TIER AND SUPERSEDES
ANY CONFLICTING CONTRACT DOCUMENTS OR PORTION THEREOF PREVIOUSLY ISSUED:
at the Hillsborough County
1. Postpone the previously scheduled bid opening date until Tuesday, July 26,2005 @ 2:00 P.M.
Receipt of this Addendum is hereby acknowledged by the undersigned Bidder:
AUTHORIZED SIGNATURE (BIDDER)
TYPE OR PRINT COMPANY NAME
TITLE OF PERSON SIGNING ABOVE
ADDRESS
TELEPHONE NUMBER
DATE
028405a1.doc
REVISED PART C
BID PROPOSAL
,10 NO.
T-0284-05(JJ)
TITLE:
Rental of Heavy Equipment
By signing this bid proposal, the undersigned affirms that said bid proposal is made without any understanding,
agreement, or connection with any other person, firm or corporation providing a bid proposal for the same purpose and
that this bid proposal is in all respects fair and without collusion of fraud. The undersigned understands that this bid
proposals must be signed in ink and that an unsigned bid proposal will be considered incomplete and subject to rejection
by Hillsborough County.
SUBJECT TO THE DEVIATION STATED IN THE PARAGRAPH BELOW, THE UNDERSIGNED, BY THE SIGNATURE
EVIDENCED, REPRESENTS THAT THE BIDDER ACCEPTS THE TERMS, CONDITIONS, MANDATES, AND OTHER
PROVISIONS OF THE FOREGOING INSTRUCTIONS TO BIDDERS, (PART A); AND THE SPECIFICATIONS, (PART
B); SAID DOCUMENTS BEING THE STRICT BASIS UPON WHICH THE SAID BIDDER MAKES THIS BID PROPOSAL.
ALSO, THE UNDERSIGNED (BIDDER), BY THE SIGNATURE EVIDENCED, AGREES TO INDEMNIFY AND HOLD
HARMLESS THE COUNTY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT FROM AND AGAINST ALL
CLAIMS, DAMAGES, LOSSES AND EXPENSES (INCLUDING COURT COSTS AND ATTORNEY'S FEES) RESULTING
OUT OF ANY ALLEGED INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS HELD BY OTHERS AS ARISES
OUT OF THE BIDDER'S PERFORMANCE OF ANY CONTRACT AWARDED BY THE COUNTY PURSUANT TO THIS
BID MATTER.
* * * use BLACK INK ONLY * * *
ALL THE FOLLOWING INFORMATION MUST BE HEREUPON GIVEN FOR THIS BID PROPOSAL TO BE
"ONSIDERED BY HILLSBOROUGH COUNTY:
Deviations: NOTE - Any representation (below) of deviation{s) may cause this bid proposal to be rejected by
Hillsborough County. All Bidders should carefully read paragraph 4 of Instructions to Bidders, (Part A).
The following represents every deviation (itemized by number) to the foregoing Instructions to Bidders, (Part A),
and the Specifications, (Part B), upon which this bid proposal is based, to wit:
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 1
Item
No.
.. ... .-------J--
Daily
Description Rate
Aerial work platform - scissors type, narrow, 20 foot
platform height, self-propelled, electric I'
Qualified Products List:
- Skyjack SJ3220 !
Genie GS2032 i
Weekly
Rate
Monthly
Rate
Mobilization i
(Round Trip)
1.
-
- JLG 2033E3
2. Aerial work platform - scissors type, 25 - 26 foot
platform height, self-propelled, diesel or electric,
4x2 / 4x4 drive as may be requested by the County
Qualified Products List:
- Skyjack SJII14626
- Skyjack SJII16826
- Genie GS2646
I - Genie 2668DC
- Genie GS2668RT
- JLG 2646
- JLG 2658
- JLG 260 MRT
I
1
Aerial lift platform - hydraulic "telescopic" boom, 60 I
3. foot platform height, self-propelled, 2-man rotating I
bucket with control panel, gas or diesel, 4x2 / 4x4
drive as may be requested by the County
Qualified Products List:
- Genie S-60
- Genie 2-60
- JLG 600S
- JLG E600A
- JLG 600A
-
4. Aerial bucket lift - electric, push-around type, 25 to
30 foot platform height
Qualified Products List:
- Genie AWP-25S
- Genie AWP-30S
- Skyjack SJPI25
- Skyjack SJPX30
- JLG 30AM
- JLG 36AM
5. Air compressor - 125 cfm, trailer mounted,
diesel
LJ Qualified Products List: i
- LeRoi 0125DJE l __J
- Sullair 125 CFM
- Sullivan D12506
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 2
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
o. Air compressor - 185 to 375 CFM, trailer mounted,
diesel
Qualified Products List:
- LeRoi Q185
- LeRoi Q375
- Ingersoll-Rand P185WIR
- Ingersoll-Rand XP375WIR
- Sullair 185 CFM
- Sullair 375 CFM
- Sullivan D185Q6
- Sullivan D375Q7
7. Auger - one man type, gas, to include auger bit and
extension
Qualified Products List:
- General 210
- Ground Hog 1 M5C
- Stihl BT120C
8. Auger drive (attachment) - Skid steer Imini
excavator mounted, hydraulic, 6 to 12 inches
diameter & up to 6 foot deep wI extensions if
necessary (does not include skid steer or
excavator)
Qualified Products List:
- Bobcat Model 12
9. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 18 inch diameter &
up to 6 foot deep wI extensions if necessary (does
not include skid steer or excavator)
Qualified Products List:
- Bobcat Model 12
10. Brush Chipper - trailer mounted, 6 to 12 inch
capacity, gas
Qualified Products List:
- Morbark 2050
- Morbark 2070XL
- Vermeer BC625
- Vermeer BC935
- Vermeer BC1230A
11. Compactor - small plate type 3,300 Ib, gas, walk-
behind
Qualified Products List:
- Multiquip MVC-90
- Wacker WP1550A
112. Compactor - vibratory rammer type Uumping jack)
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 3
II~om -.- ---T-------
Daily Weekly Monthly Mobilization
Description Rate Rate Rate (Round Trip)
I 30001b, gas ,
Qualified Products List:
- Mikasa MT-75HS
- Wacker BS 600
13. Compactor -large plate type 7,000 Ib, gas,
reversible
Qualified Products List:
- Bomag BPR 30/380 I
, - Mikasa MVH-200 I
- Wacker BPU-3345 i
14. Concrete buggy - ride-on type, gas, 16 cu. Ft.
Qualified Ploducts List:
- Wacker WB-16
- Whiteman WPB-16
15. Concrete mixer - 9 cu. Ft. capacity, towable, gas
Qualified Products List:
- Multiquip WC-92PB8C
- Whiteman WC-92P
,
16. Concrete trowel - 36 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 36
- Whiteman J-4 5H I
,
17. Concrete trowel - 48 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 48
- Whiteman B-4 8H i
18. Demolition hammer (attachment) - hydraulic, skid
steer/ mini excavator mounted
Qualified Products List:
- Indeco 351 SP
- Kent KF-4QT
- Bobcat B700
- Bobcat B850
- Bobcat B950
- Okada OKB302A
,
,
19. Demolition hammer (attachment) - hydraulic,
backhoe mounted, 1200 Ib
Qualified Products List:
- Indeco 650HD
- Kent KF-9QT
- Okada OKB305
20. Dozer - 2.0 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 4
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
Qualified Products List:
- Caterpillar D5
- Case 550
- John Deere 450H
- Komatsu D38E-1 Plus
21. Dozer - 3.44 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP
Qualified Products List:
- Caterpillar D5M LGP
- Case 850
- John Deere 700H
- John Deere 750C
22. Excavator - mini type, 9.5 foot dig depth, rubber
track, diesel
Qualified Products List:
- Bobcat 328
- Caterpillar 303.5
- Takeuchi TB125
23. Excavator -long reach type, 21 foot dig depth, steel
track, diesel
Qualified Products List:
- Kobelco SK160LC
- Caterpillar 320BL
- JCB JS160NL
- John Deere 160 LC
- John Deere 200 LC
24. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 220
25. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 5200
26. Excavator - wheeled type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 3300
,27. Excavator - truck mounted, 39,000 Ib gvw, 4x4
Qualified Products List:
- Gradall XL 3100
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 5
~~ -----. --.---- -~-- "" " " ---~---"""""----"-r .--...-
Item Daily Weekly Monthly Mobilization I
I
No. Description I Rate Rate Rate (Round Trip)
i
I =1
Excavator - truck mounted, 62,000 Ib gvw, 6x6 !
I ,
28.
Qualified Products List: I
i - Gradall XL 4100 I
,
I
129. . Forklift - warehouse type. 3000 to 5000 Ib capacity, !
i propane ! ,
Qualified Products List:
- Komatsu FG15
- Komatsu FG25
- Yale ERP035-TG
- Yale GP-RG
Forklift - rough terrain type, straight mast, 6000 Ib !
30. capacity, diesel, 2WD or 4WD
Qualified Products List:
I Case 586G
-
- JCB 930 I
- John Deere 486E
i
31. Forklift - "telescopic" reach type, 6000 Ib capacity, 1
36 to 45 foot lift height, diesel
Qualified Products List:
- JCB 506C
- T ercx SS-636C
- Gradall G9-43A
- Gradall 53409-45
Generator - 1 OKW, portable, gas I
32. I
Qualified Products List: I
- Multiquip GA-9.7hz
33. Generator - 25 KW, trailer mounted, diesel
Qualified Products List: I
- Multiquip DCA-25SSIU I
34. Generator - 45 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-45SSIU I
35. Generator - 60 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-60SSIU
!
36. Generator - 100 KW, trailer mounted, diesel I
Qualified Products List: I I
- Magnum MMG 125 ,
I
~
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 6
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
37. Grader - 12 foot blade, diesel
Qualified Products List:
- John Deere 670C
- Champion 710
- Komatsu GD530A-2C
38. Grader/Maintaner - 10 foot blade, diesel
Qualified Products List:
- Fiat FG65C
39. Light tower - trailer mounted, 4000 watt, diesel
Qualified Products List:
- Terex/Amida AL4060D
- Ingersoll-Rand Lightsource
- Magnum 4060 I-MH
40. Loader backhoe combination - compact type, 8 to
10 foot dig depth, rubber tired, gas, 8 to 18 inch
buckets as needed
Qualified Products List:
- Allmand TLB25
- T erramite T5C
- John Deere 110
- Kubota L35
41. Loader backhoe combination - 1 cu. Yd. loader
bucket, rubber tired, diesel, 12 or 18 inch backhoe .
bucket as needed, 2WD or 4WD
Qualified Products List:
- John Deere 310E
- Case 580
- Caterpillar 416C
- JCB 214
42. Loader backhoe combination - 1 ~ cu. Yd. loader
bucket, rubber tired, diesel, 12, 18, 24, 30 or 36
inch backhoe bucket as needed, 2WD or 4WD
Qualified Products List:
- John Deere 41 OD
- Case 590L
- Caterpillar 436
- JCB 214
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 7
Item
No.
---~~-~--- - ---r---
I Daily
Description +Rate
I Loader - skid steer type, 1350 Ib rated capacity,
diesel
Qualified Products List:
- Bobcat 753
- New Holland LX 565
! 43.
44. Loader - skid steer type, 1900 Ib rated capacity, hi-
flow hydraulics, diesel
Qualified Products List:
- Bobcat 863 H
- New Holland LX 865 I
45. Loader - compact, rubber track type, .48 cu. Yd.
bucket capacity, diesel
Qualified Products List:
- Bobcat T190
- TakeuchiTL126
46.
Loader -landscape type, wi box blade attachment,
diesel
Qualified Products List:
- John Deere 4310
- John Deere 4200
- John Deere 4500
- John Deere 21 OLE
- Case 570L XT
- New Holland TC33D
47.
Loader - wheel type, articulated, 2 to 2 ~ cu. Yd.
I bucket, rubber tired, diesel
Qualified Products List:
- John Deere 444H
- Case 621 C
- JCB 426 HT
- Komatsu W A 180-3
- Caterpillar 928G
- Volvo L50D
48. Loader - wheel type, articulated, 3 to 3 ~ cu. Yd.
bucket, rubber tired, diesel
Qualified Products List:
- John Deere 544H
- John Deere 624H
- JCB 436ZX
- Caterpillar 9508
- Volvo L70D
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 8
Weekly I
Rate
I
I
I
I
I
Monthly
Rate
Mobjlization~1
(ROU~d_!!i~)~
I
!
i
i
I
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
49. Mortar mixer - 7 cu. Ft. capacity, towable, gas
Qualified Products List:
- Whiteman WM-700P
- Multiquip WM-700P-8HC
50. Mower - high wheel type, for brush cutting, walk-
behind, gas
- Billygoat BC2401 H
- DR Brush Mower 15 HP
51. Milling machine/Planer (attachment) - skid steer
mounted, 18 inch drum width, hi-flow hydraulics
Qualified Products List:
- Bobcat Hi-flow planer
52. Pressure washer - cold water, 2000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM JP-2003
- Alto/Simpson DDF-2000-CHS
- Landa PC4-20321
- BE PE-2055
53. Pressure washer - cold water, 3000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW-3004
- Alto/Simpson WS-3000-GHS
- Landa PC4-30321
54. Pressure washer - cold water, 4000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW-4003
- Alto/Simpson WS-4040-CVS
- BE PE-4013
55. Pump - 4 inch centrifugal, trailer mounted, self-
priming, diesel, w/ one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 4 HT
- Wacker PTS 4V
156. Pump - 6 inch centrifugal, trailer mounted, self-
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 9
~----_._._--~~~~--- --_.~.~. -- ------~_..._---- -..- -- --.--- -.--- ---------- ~- __
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
priming, diesel, wi one suction hose and one ---_.- -- ---
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 6 HT
- Wacker PT 6L T I
,
157. Pump - 8 inch centrifugal, trailer mounted, self-
,
priming, diesel, wi one suction hose and one I
i
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 8 HTC
58. Pump - 12 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 12HTC
59. Pump - 12in centrifugal, self-priming diesel, skid
mounted with one suction hose and one discharge
hose (sound attenuated) I
Qualified Products List:
- Thompson 12HTC
60. Pump - 12in centrifugal, self-priming diesel, skid
mounted with one suction hose and one discharge I ,
I hose (non-sound attenuated)
Qualified Products List:
- Thompson 12HTC
61. Pump - 8 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (non sound attenuated)
Qualified Products List:
- Thompson 8V
i
62. Pump - 6 inch centrifugal, self-priming diesel, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 6HT
- Wacker PT-6L T ,
- MQ-61 TDD I
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 10
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
63. Pump - 4 inch centrifugal, self-priming, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 4HT
- MQ-41 TDH
64. Pump - 4 inch double diaphragm, trailer mounted
with one suction hose and one discharge hose (non
sound attenuated)
Qualified Products List:
- Thompson 4D
65. Pump - dewatering type, 3" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PT3A
- MQ QP-301THC
66. Pump - dewatering type, 4" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PTS 4V
- MQ QP-40THC
67. Pump - dewatering type, 3" diaphragm trash
portable with one suction hose and one discharge
hose
Qualified Products List:
- Wacker PDT 3A
- MQ D306H
68. Roller - riding type, asphalt, vibratory, one ton,
double drum
Qualified Products List:
- Wacker RD 11A
- Ingersoll-Rand DD-12
- Multiquip AR-13HC
- Bomag BW900
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 11
Item
No.
69
,
Description I
Roller - riding type, vibratory, 3 to 5 ton, double
drum
I Qualified Products List: I
- Hamm HO 12
- Ingersoll-Rand 00-24
- Ingersoll-Rand 00-32
- Caterpillar CB214C
- Bomag 1200
Daily I Weekly r MonthlY.. MObilization:,'
Rate Rate ~I Rate (Round Trip) I
-- --~-- ---------j
,
!
70. Roller - riding type, vibratory, 6 to 10 ton, single or
double drum
Qualified Products List:
I - Hypac C-830B I
- Ingersoll-Rand SO 400 I
- Ingersoll-Rand SO 700 I
- Caterpillar CB534C
- Bomag 1720
- Bomag 1410
- Hamm 3205
- Hamm 3307
71. Roller - riding type, vibratory, 25 to 35 ton, single
drum
Qualified Products List: i
- Ingersoll-Rand SO 1000
- Hamm 3412 I
- Caterpillar CS563 I
I
- Bomag BW213-3 I
72. Sand blaster - 1.5 cu. Ft. pot capacity, 100 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List: I
- Schmidt 8400-639-01
73.
74.
Sand blaster - 6.5 cu. Ft. pot capacity, 600 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-03
--
Saw - walk-behind type, 14 inch blade capacity,
gas
Qualified Products List:
- Edco ASB-14
- Core Cut CC11 09H
- Target ES14
- Target Portacut IV
75. Stump grinder - trailer mounted, heavy duty
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 12
---
Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
Qualified Products List:
- Vermeer SC252
- Vermeer SC630
- Dosko 337
- Rayco RG20HD
76. Trencher - walk-behind type, 10 inch to 2 foot
depth, gas
Qualified Products List:
- Ditchwitch 1230
- Vermeer V1350
77. Trencher - riding type, 63 inch trench depth, diesel
Qualified Products List:
- Ditchwitch DW3700
78. Truck - Dump, 10 cu. Yd, diesel, highway legal
Qualified Products List:
- DDT T416B
79. Truck - under bridge inspection type, 180 to 236
foot telescoping & articulating, diesel
Qualified Products List:
- Bronto Truck mounted
- JLG 150 Skylift
80. Truck - water tank type, 2000 gallon, diesel,
highway legal
Qualified Products List:
- United WT2000
81. Truck - crane type, 28,000 to 30,000 Ib capacity,
truck mounted, highway legal
Qualified Products List:
- Terex Stinger 2863
- Terex Stinger 3063
82. Welder - trailer mounted, 225 to 250 amp, arc,
diesel, includes lead and ground cable & hood
Qualified Products List:
- Lincoln Ranger 8
- Lincoln SA-250
- Bobcat 225
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 13
~ "' -.-..--.--.-----.. ~ - -- -_nT ~n Daily ~onthly ..--- ._~
Item Mobilization
No. Description I Rate I Rate I Rate (Round Trip)
83 Pallet Jack - Manually operated, hydraulic I I~
Qualified Products List: i
- Crm'm pallet jack I
,
84. Hose - Suction for 3,4,6,8,10 & 12 inch pumps wi I
ramps I
i
. 85. I Hose - Discharge for 3,4,6,8,10 & 12 inch pumps
wi ramps
Please note that all hoses are to be fitted with the
appropriate camlock fittings.
Please note that all items listed as qualified products are to be considered the suggested products
only. The County realizes that there are model & manufacturing changes that may not currently reflect
what is available at the time of rental. The Qualified Products List is to be used as a guide for each
potential bidder to qualify their products according to quality and price.
Please not that the County may require extra hose than specified in the particular line items. If this
instance should occur, the vendor shall provide as much hose as practical at time of rental. Please
refer to the line item for extra hose for pricing.
***NOTICE***
THIS BID CONTAINS AN OPTION FOR ONE (1) ONE YEAR RENEWAL. AT THE SOLE OPTION OF THE
COUNTY; REFER TO PART B (SPECIFICATIONS). PARAGRAPH 2.03 OF THIS BID.
1. LITERATURE: Any manufacturer's specification sheets, brochures, or other printed supporting
documents are submitted in duplicate.
2. CO-OPERATIVE BID: Bidders shall indicate if they will extend all prices, terms, and conditions to
members of the CO-OP as provided for in item 2.05:
(CHECK ONE)
YES
NO
POLK COUNTY: Bidders shall indicate if they will extend all prices, terms, and conditions to Polk
County as provided for in item 2.05:
(CHECK ONE)
YES
NO
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 14
3. I HAVE COMPLIED WITH ALL THE SPECIFICATIONS IN PART B OF THIS BID
(CHECK ONE)
YES
NO
IF NO, I HAVE IDENTIFIED THE DEVIATIONS OR NON-COMPLIANCE HERE IN PART C. NOTE:
PURSUANT TO THE TERMS AND CONDITIONS, FAILURE TO MEET OR EXCEED
SPECIFICATIONS MAY RESULT IN REJECTION OF YOUR BID. SEE PART A, PARAGRAPH 4 OF
THE BID PACKAGE.
***NOTICE***
ADDING YOUR OWN TERMS AND CONDITIONS MAY CAUSE YOUR BID TO BE REJECTED. REFER TO
PART A -INSTRUCTIONS TO BIDDERS, "GENERAL TERMS AND PROVISIONS", ITEM 1(b).
028405a2 part c.doc
REVISED PART C BID PROPOSAL - PAGE 15
ADDENDUM
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
P.O. BOX1110
601 E. KENNEDY BLVD., 18TH FLOOR
TAMPA, FLORIDA 33601
BID NO. T-0284-05(JJ)
ADDENDUM NO. TWO (2)
DATE 7/19/05
PAGE 1 OF 18
Jay Jackus, CPPO, CPPB
Procurement Supervisor
TO BIDDER: This Addendum is an integral part of the bid package under consideration by you as a bidder in
connection with the subject matter identified below. Hillsborough County deems all sealed bid proposals to have
proffered in recognition and consideration of the entire bid package - includina all issued addenda. For purposes
of clarification, receipt ofthis Addendum by a bidder should be evidenced by returning it (signed) as part ofthe
Bidder's sealed bid proposal at bid opening.
If the Bid Proposal has already been received by the Hillsborough County Purchasing Department, BIDDER should
return this ADDENDUM in a separate sealed envelope which is clearly marked with the BID TITLE, BID NUMBER
AND OPENING DATE AND TIME, stated as follows:
BID TITLE: Rental of Heavy Equipment
BID5 WILL BE OPENED AT 2:00 P.M. ON Tuesday, July 26.2005
Purchasing Department, 601 E. KENNEDY BLVD., 18TH FLOOR 33602.
REASON FOR ISSUANCE OF THIS ADDENDUM: THE INFORMATION INCLUDED HEREIN IS HEREBY
INCORPORATED INTO THE CONTRACT DOCUMENTS OF THIS PRESENT BID MA TIER AND SUPERSEDES
ANY CONFLICTING CONTRACT DOCUMENTS OR PORTION THEREOF PREVIOUSLY ISSUED:
at the Hillsborough County
1. Replace the previously issued Part C Bid Proposal Pages 1 - 16, with the attached revised version of
the same.
Receipt of this Addendum is hereby acknowledged by the undersigned Bidder:
TYPE OR PRINT COMPANY NAME
AUTHORIZED SIGNATURE (BIDDER)
ADDRESS
TITLE OF PERSON SIGNING ABOVE
TELEPHONE NUMBER
DATE
028405a2.doc
REVISED PART C
BID PROPOSAL
SIONO.
T -0284-05(JJ)
TITLE:
Rental of Heavy Equipment
By signing this bid proposal, the undersigned affirms that said bid proposal is made without any understanding, agreement, or
connection with any other person, firm or corporation providing a bid proposal for the same purpose and that this bid proposal
is in all respects fair and without collusion of fraud. The undersigned understands that this bid proposals must be .signed in ink
and that an unsigned bid proposal will be considered incomplete and subject to rejection by Hillsborough County.
SUBJECT TO THE DEVIATION STATED IN THE PARAGRAPH BELOW, THE UNDERSIGNED, BY THE SIGNATURE
EVIDENCED, REPRESENTS THAT THE BIDDER ACCEPTS THE TERMS, CONDITIONS, MANDATES, AND OTHER
PROVISIONS OF THE FOREGOING INSTRUCTIONS TO BIDDERS, (PART A); AND THE SPECIFICATIONS, (PART B);
SAID DOCUMENTS BEING THE STRICT BASIS UPON WHICH THE SAID BIDDER MAKES THIS BID PROPOSAL. ALSO,
THE UNDERSIGNED (BIDDER), BY THE SIGNATURE EVIDENCED, AGREES TO INDEMNIFY AND HOLD HARMLESS
THE COUNTY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT FROM AND AGAINST ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES (INCLUDING COURT COSTS AND ATTORNEY'S FEES) RESULTING OUT OF ANY
ALLEGED INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS HELD BY OTHERS AS ARISES OUT OF THE
BIDDER'S PERFORMANCE OF ANY CONTRACT AWARDED BY THE COUNTY PURSUANT TO THIS BID MATTER.
* * * use BLACK INK ONLY * * *
ALL THE FOLLOWING INFORMATION MUST BE HEREUPON GIVEN FOR THIS BID PROPOSAL TO BE CONSIDERED BY
HILLSBOROUGH COUNTY:
Deviations: NOTE - Any representation (below) of deviation(s) may cause this bid proposal to be rejected by
Hillsborough County. All Bidders should carefully read paragraph 4 of Instructions to Bidders, (Part A).
The following represents every deviation (itemized by number) to the foregoing Instructions to Bidders, (Part A), and
the Specifications, (Part B), upon which this bid proposal is based, to wit:
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 1
REVISED PART C
BID PROPOSAL
------_.-
Item Daily Weekly Monthly Mobilization -l
No. Description Rate Rate Rate (Round Trip ~
Aerial work platform - scissors type, narrow, 20 foot
1. I
platform height, self-propelled, electric
Qualified Products List: !
Skyjack SJ3220 I
- i
Genie GS2032 i
-
- JLG 2033E3
2. Aerial work platform - scissors type, 25 - 26 foot
platform height, self-propelled, diesel or electric, 4x2 I
/ 4x4 drive as may be requested by the County
Qualified Products List:
- Skyjack SJIII4626
- Skyjack SJII16826
- Genie GS2646
- Genie 2668DC
- Genie GS2668RT
- JLG 2646
- JLG 2658 I I
I
- JLG 260 MRT
3. Aerial lift pldtform - hydraulic "telescopic" boom, 60
foot platform height, self-propelled, 2-man rotating I
bucket with control panel, gas or diesel, 4x2 /4x4
drive as may be requested by the County
Qualified Products List:
- Genie S-60
- Genie Z -60
- JLG 600S
- JLG E600A I
- JLG 600A
- i
4. Aerial bucket lift - electric, push-around type, 25 to
30 foot platform height
Qualified Products List: I
I
- Genie AWP-25S
- Genie AWP-30S
- Skyjack SJPI25
- Skyjack SJPX30 I
- JLG 30AM
- JLG 36AM
5. Air compressor - 125 cfm, trailer mounted, diesel
Qualified Products List:
- LeRoi Q1250JE
- Sullair 125 CFM
- Sullivan 0125Q6
-----"
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 2
REVISED PART C
BID PROPOSAL
litem Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
6. Air compressor - 185 to 375 CFM, trailer mounted,
diesel
Qualified Products List:
- LeRoi Q185
- LeRoi Q375
- Ingersoll-Rand P185WIR
- Ingersoll-Rand XP375WIR
- Sullair 185 CFM
- Sullair 375 CFM
- Sullivan D185Q6
- Sullivan D375Q7
7. Auger - one man type, gas, to include auger bit and
extension
Qualified Products List:
- General 210
..
- Ground Hog 1 M5C
- Stihl BT120C
8. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 6 to 12 inches
diameter & up to 6 foot deep wi extensions if
necessary (does not include skid steer or excavator)
Qualified Products List:
- Bobcat Model 12
9. Auger drive (attachment) - Skid steer I mini
excavator mounted, hydraulic, 18 inch diameter &
up to 6 foot deep wI extensions if necessary (does
not include skid steer or excavator)
Qualified Products List:
- Bobcat Model 12
10. Brush Chipper - trailer mounted, 6 to 12 inch
capacity, gas
Qualified Products List:
- Morbark 2050
- Morbark 2070XL
- Vermeer BC625
- Vermeer BC935
- Vermeer BC1230A
11. Compactor - small plate type 3,300 Ib, gas, walk-
behind
Qualified Products List:
- Multiquip MVC-90
- Wacker WP1550A
, Compactor - vibratory rammer type (jumpinQ iack)
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 3
REVISED PART C
BID PROPOSAL
Item ...1-,DailY Weekly Monthly Mobilization
No. Description Rate Rate Rate (Roun~)1
12. 3000 Ib, gas
Qualified Products List: I
- Mikasa MT-75HS I I
- Wacker BS 600 I I
-1
13. Compactor -large plate type 7,000 Ib, gas,
reversible !
Qualified Products List:
- Bomag BPR 30/380
- Mikasa MVH-200
I - WacKer BPU-3345
14. Concrete buggy - ride-on type, gas, 16 cu. Ft.
I Qualified Products List: I
Wacker WB-16 I
- -I
- Whiteman WPB-16
Concrete mixer - 9 cu. Ft. capacity, towable, gas
15. Qualified Products List:
- Multiquip WC-92PB8C
- Whiteman WC-92P
16. Concrete trowel - 36 inch, gas, walk-behind
Qualified Products List:
I - Wacker CT 36
i
- Whiteman J-4 5H
17. Concrete trowel - 48 inch, gas, walk-behind
Qualified Products List:
- Wacker CT 48
- Whiteman B-4 8H
18. Demolition hammer (attachment) - hydraulic, skid
steer/ mini excavator mounted
Qualified Products List:
- Indeco 351 SP
- Kent KF-4QT
- Bobcat B700
- Bobcat B850
- Bobcat B950
- Okada OKB302A
19. Demolition hammer (attachment) - hydraulic,
backhoe mounted, 1200 Ib
Qualified Products List:
- Indeco 650HD
I - Kent KF-9QT
- Okada OKB305
120. Dozer - 2.0 cu. Yd. blade capacity, hydraulic angle
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 4
REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
blade, standard track or LGP
Qualified Products List:
- Caterpillar D5
- Case 550
- John Deere 450H
- Komatsu D38E-1 Plus
21. Dozer - 3.44 cu. Yd. blade capacity, hydraulic angle
blade, standard track or LGP
Qualified Products List:
- Caterpillar D5M LGP
- Case 850
- John Deere 700H
- John Deere 750C
22. Excavator - mini type, 9.5 foot dig depth, rubber
track, diesel
Qualified Products List: .
- Bobcat 328
- Caterpillar 303.5
- Takeuchi TB125
23. Excavator -long reach type, 21 foot dig depth, steel
track, diesel
Qualified Products List:
- Kobelco SK160LC
- Caterpillar 320BL
- JCB JS160NL
- John Deere 160 LC
- John Deere 200 LC
24. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 220
25. Excavator - track type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 5200
26. Excavator - wheeled type, extendable boom arm,
diesel
Qualified Products List:
- Gradall XL 3300
27. Excavator - truck mounted, 39,000 Ib gvw, 4x4
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 5
r::::CJr. ; BC{,n Ci:j BE;O-J IJT I I TIE::.
C.od
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REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
Qualified Products List:
- Gradall XL 3100
28. Excavator - truck mounted, 62,000 Ib gvw, 6x6
Qualified Products List:
- Gradall XL 4100
29. Forklift - warehouse type, 3000 to 5000 Ib capacity,
propane
Qualified Products List:
- Komatsu FG15
- Komatsu FG25
- Yale ERP035-TG
- Yale GP-RG
30. Forklift - rough terrain type, straight mast, 6000 Ib
capacity, diesel, 2WD or 4WD
Qualified Products List:
- Case 586G
- JCB 930
- John Deere 486E
11. Forklift - "telescopic" reach type, 6000 Ib capacity,
36 to 45 foot lift height, diesel
Qualified Products List:
- JCB 506C
- Terex SS-636C
- Gradall G9-43A
- Gradall 53409-45
32. Generator - 1 OKW, portable, gas
Qualified Products List:
- Multiquip GA-9.7hz
33. Generator - 25 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-25SSIU
34. Generator - 45 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-45SSIU
.
35. Generator - 60 KW, trailer mounted, diesel
Qualified Products List:
- Multiquip DCA-60SSIU
36. Generator - 100 KW, trailer mounted, diesel
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 6
REVISED PART C
BID PROPOSAL
Item ---~-- Daily Weekly Mobilization I
I Monthly
No. Description i Rate Rate Rate (Round Trip)
I
Qualified Products List: -r~ 4
, - Magnum MMG 125 I I I
I I
--
37. Grader - 12 foot blade, diesel
Qualified Products List:
- John Deere 670C
- Champion 710
- Komatsu GD530A-2C
138. Grader/Maintaner - 10 foot blade, diesel
Qualified Products List:
- Fiat FG65C
39. Light tower - trailer mounted, 4000 watt, diesel
Qualified Products List:
- Terex/Amida AL4060D
- Ingersoll-Rand Lightsource i
- Magnum 4060 I-MH I
I
I
Loader backhoe combination - compact type, 8 to I
40. i
10 foot dig depth, rubber tired, gas, 8 to 18 inch
buckets as needed
Qualified Products List:
- Allm~nd TLB25
- T erramite T5C
- John Deere 110
- Kubota L35
41. Loader backhoe combination - 1 cu. Yd. loader
bucket, rubber tired, diesel, 12 or 18 inch backhoe
bucket as needed, 2WD or 4WD I
I
Qualified Products List:
- John Deere 310E
- Case 580
- Caterpillar 416C I
- JCB 214 I
42. Loader backhoe combination - 1 % cu. Yd. loader
bucket, rubber tired, diesel, 12, 18,24,30 or 36 inch
backhoe bucket as needed, 2WD or 4WD
Qualified Products List: I
- John Deere 4100 I
- Case 590L
- Caterpillar 436
- JCB 214
I
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 7
REVISED PART C
BID PROPOSAL
I Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
43. Loader - skid steer type, 1350 Ib rated capacity,
diesel
Qualified Products List:
- Bobcat 753
- New Holland LX 565
44. Loader - skid steer type, 1900 Ib rated capacity, hi-
flow hydraulics, diesel
Qualified Products List:
- Bobcat 863 H
- New Holland LX 865
45. Loader - compact, rubber track type, .48 cu. Yd.
bucket capacity, diesel
Qualified Products List:
- Bobcat T190
- TakeuchiTL126
46. Loader - landscape type, wi box blade attachment,
diesel
Qualified Products List:
- John Deere 4310
- John Deere 4200
- John Deere 4500
- John Deere 210LE
- Case 570L XT
- New Holland TC33D
47. Loader - wheel type, articulated, 2 to 2 ~ cu. Yd.
bucket, rubber tired, diesel
Qualified Products List:
- John Deere 444H
- Case 621C
- JCB 426 HT
- Komatsu W A 180-3
- Caterpillar 928G
- Volvo L50D
48. Loader - wheel type, articulated, 3 to 3 ~ cu. Yd.
bucket, rubber tired, diesel
Qualified Products List:
- John Deere 544H
- John Deere 624H
- JCB 436ZX
- Caterpillar 950G
I - Volvo L70D
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 8
REVISED PART C
BID PROPOSAL
~- 1
Item Daily Weekly Monthly Mobilization
No. Description ~~ate Rate Rate (Round Trip)
l---------
49. Mortar mixer - 7 cu. Ft. capacity, towable, gas I
Qualified Products List:
- Whiteman WM-700P
- Multiquip WM-700P-8HC i
I
50. Mower - high wheel type, for brush cutting, walk-
behind, gas
- Billygoat BC2401 H
- DR Brush Mower 15 H P
51. Milling machine/Planer (attachment) - skid steer
mounted, 18 inch drum width, hi-flow hydraulics
Qualified Products List: I
- Bobcat Hi-flow planer I
I
I I I
I , I
52. Pressure washer - cold water, 2000 psi, portable,
gas, w/ gun, hose, wand & tips I
Qualified Products List:
- MiTM JP-2003
- Alto/Simpson DDF-2000-CHS
- Landa PC4-20321
- BE PE-2055
53. Pressure washer - cold water, 3000 psi, portable, I
gas, w/ gun, hose, wand & tips
Qualified Products List: I
- MiTM CW -3004
- Alto/Simpson WS-3000-GHS
- Landa PC4-30321
54. Pressure washer - cold water, 4000 psi, portable,
gas, w/ gun, hose, wand & tips
Qualified Products List:
- MiTM CW -4003 I
- Alto/Simpson WS-4040-CVS
BE PE-4013 i
- I
55. Pump - 4 inch centrifugal, trailer mounted, self- -
I
priming, diesel, w/ one suction hose and one !
discharge hose (sound attenuated) I
I
Qualified Products List: I
- Thompson 4 HT ___J
- Wacker PTS 4V
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 9
REVISED PART C
BID PROPOSAL
lItem Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
56. Pump - 6 inch centrifugal, trailer mounted, self-
priming, diesel, wi one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 6 HT
- Wacker PT 6L T
57. Pump - 8 inch centrifugal, trailer mounted, self-
priming, diesel, wi one suction hose and one
discharge hose (sound attenuated)
Qualified Products List:
- Thompson 8 HTC
58. Pump - 12 inch centrifugal, self-priming diesel,
trailer mounted with one suction hose and one
discharge hose (sound attenuated)
Qualified Products List: .
- Thompson 12HTC
59. Pump - 12in centrifugal, self-priming diesel, skid
mounted with one suction hose and one discharge
hose (sound attenuated)
Qualified Products List:
- Thompson 12HTC
60. Pump - 12in centrifugal, self-priming diesel, skid
mounted with one suction hose and one discharge
hose (non-sound attenuated)
Qualified Products List:
- Thompson 12HTC
61. Pump - 8 inch centrifugal, self-priming diesel, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 8V
62. Pump - 6 inch centrifugal, self-priming diesel, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 6HT
- Wacker PT-6L T
I - MQ-61 TDD
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 10
REVISED PART C
BID PROPOSAL
Item -+=DaiIY Weekly Monthly Mobilization--I
No. Description Rate Rate Rate (Round Trip)
69. Roller - riding type, vibratory, 3 to 5 ton, double
drum
Qualified Products List:
- Hamm HO 12
! Ingersoll-Rand 00-24
- Ingersoll-Rand 00-32
- Caterpillar CB214C
- Bomag 1200
.
,
70. Roller - riding type, vibratory, 6 to 10 ton, single or
double drum
Qualified Products List:
- Hypac C-830B
- Ingersoll-Rand SO 400
- Ingersoll-Rand SO 700
I
I - Caterpillar CB534C
- Bomag 1720
- Bomag 1410
- Hamm 3205
- Hamm 3307
71. Roller - riding type, vibratory, 25 to 35 ton, single
drum
Qualified Products List:
- Ingersoll-Rand SO 1000
- Hamm 3412
- Caterpillar CS563
- Bomag BW213-3
72. Sand blaster - 1.5 cu. Ft. pot capacity, 100 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-01
73. Sand blaster - 6.5 cu. Ft. pot capacity, 600 Ib rated
capacity, includes hose, nozzle, respirator with
protective hood & air supply hose
Qualified Products List:
- Schmidt 8400-639-03
74. Saw - walk-behind type, 14 inch blade capacity, gas
Qualified Products List:
- Edco ASB-14
- Core Cut CC11 09H
- Target ES14
- Target Portacut IV I I
i j
Stump qrinder - trailer mounted, heavy duty
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 12
REVISED PART C
BID PROPOSAL
, Item Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
63. Pump - 4 inch centrifugal, self-priming, trailer
mounted with one suction hose and one discharge
hose (non sound attenuated)
Qualified Products List:
- Thompson 4HT
- MQ-41 TDH
64. Pump - 4 inch double diaphragm, trailer mounted
with one suction hose and one discharge hose (non
sound attenuated)
Qualified Products List:
- Thompson 40
65. Pump - dewatering type, 3" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PT3A
- MQ QP-301THC
66. Pump - dewatering type, 4" centrifugal trash, roll
cage portable with one suction hose and one
discharge hose
Qualified Products List:
- Wacker PTS 4V
- MQ QP-40THC
67. Pump - dewatering type, 3" diaphragm trash
portable with one suction hose and one discharge
hose
Qualified Products List:
- Wacker PDT 3A
- MQ D306H
68. Roller - riding type, asphalt, vibratory, one ton,
double drum
Qualified Products List:
- Wacker RD 11A
- Ingersoll-Rand 00-12
- Multiquip AR-13HC
- Bomag BW900
I
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 11
REVISED PART C
BID PROPOSAL
Item -~ Weekly Monthly Mobilizationl
i Daily
No. Description -f--Rate Rate Rate (Round Trip)
75. Qualified Products List: ----n-~-i
- Vermeer SC252 I I
I
- Vermeer SC630 I I
- Dosko 337 i
I
- Rayco RG20HD ! ----l
76. Trencher - walk-behind type, 10 inch to 2 foot
depth, gas I I
Qualified Products List: I
Ditchwitch 1230 ! I
-
- Vermeer V1350
77. Trencher - riding type, 63 inch trench depth, diesel
Qualified Products List:
- Ditchwitch DW3700
78. Truck - Dump, 10 cu. Yd, diesel, highway legal I
Qualified Products List:
- DDT T416B
79. Truck - under bridge inspection type, 180 to 236
foot telescoping & articulating, diesel
Qualified Products List:
- Bronto Truck mounted
- JLG 150 Skylift
80. Truck - water tank type, 2000 gallon, diesel,
highway legal
Qualified Products List:
- United WT2000
81. Truck - crane type, 28,000 to 30,000 Ib capacity,
truck mounted, highway legal
Qualified Products List:
- T erex Stinger 2863
- T erex Stinger 3063
82. Welder - trailer mounted, 225 to 250 amp, arc,
diesel, includes lead and ground cable & hood
Qualified Products List:
- Lincoln Ranger 8
- Lincoln SA-250
- Bobcat 225
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 13
REVISED PART C
BID PROPOSAL
I Item ----
Daily Weekly Monthly Mobilization
No. Description Rate Rate Rate (Round Trip)
"83 Pallet Jack - Manually operated, hydraulic
Qualified Products List:
- Crown pallet jack
84. Hose - Suction for 3,4,6,8,10 & 12 inch pumps wi
ramps
85. Hose - Discharge for 3,4,6,8,10 & 12 inch pumps wi
ramps
Please note that all hoses are to be fitted with the
appropriate camlock fittings.
Please note that all items listed as qualified products are to be considered the suggested products
only. The County realizes that there are model & manufacturing changes that may not currently reflect
what is available at the time of rental. The Qualified Products List is to be used as a guide for each
potential bidder to qualify their products according to quality and price.
Please not that the County may require extra hose than specified in the particular line items. If this
',stance should occur, the vendor shall provide as much hose as practical at time of rental. Please
tfer to the line item for extra hose for pricing.
***NOTICE***
THIS BID CONTAINS AN OPTION FOR ONE (1) ONE YEAR RENEWAL, AT THE SOLE OPTION OF THE
COUNTY; REFER TO PART B (SPECIFICATIONS), PARAGRAPH 2.03 OF THIS BID.
1. LITERATURE: Any manufacturer's specification sheets, brochures, or other printed supporting
documents are submitted in duplicate.
2. CO-OPERATIVE BID: Bidders shall indicate if they will extend all prices, terms, and conditions to
members of the CO-OP as provided for in item 2.05:
(CHECK ONE)
YES
NO
POLK COUNTY: Bidders shall indicate if they will extend all prices, terms, and conditions to Polk
County as provided for in item 2.05:
(CHECK ONE)
YES
NO
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 14
REVISED PART C
BID PROPOSAL
3. I HAVE COMPLIED WITH ALL THE SPECIFICATIONS IN PART B OF THIS BID
(CHECK ONE)
YES
NO
IF NO, I HAVE IDENTIFIED THE DEVIATIONS OR NON-COMPLIANCE HERE IN PART C. NOTE:
PURSUANT TO THE TERMS AND CONDITIONS. FAILURE TO MEET OR EXCEED
SPECIFICATIONS MAY RESULT IN REJECTION OF YOUR BID. SEE PART A, PARAGRAPH 4 OF
THE BID PACKAGE.
***NOTICE***
ADDING YOUR OWN TERMS AND CONDITIONS MAY CAUSE YOUR BID TO BE REJECTED. REFER TO
PART A -INSTRUCTIONS TO BIDDERS, "GENERAL TERMS AND PROVISIONS", ITEM 1(b).
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 15
PART C
THE FOLLOWING INFORMATION IS REQUESTED IN ORDER THAT YOUR BIDS MAY BE REVIEWED AND
PROPERLY EVALUATED.
COMPANY NAME:
LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS:
BUSINESS ADDRESS:
HOW LONG IN PRESENT LOCATION:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
INTERNET SITE ADDRESS:
CONTACT PERSON TO PLACE ORDERS:
PHONE:
LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED
SIMILAR CONTRACT SERVICES FOR:
1. 2.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
3. 4.
COMPANY COMPANY
ADDRESS ADDRESS
TELEPHONE TELEPHONE
CONTACT CONTACT
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 16
PART C
BID PROPOSAL
SIGNATURE PAGE
A. Name of Bidder:
(TYPED OR PRINTED: FIRM, CORPORATION, BUSINESS OR INDIVIDUAL)
B. Our local (to Tampa, Florida) business address is:
C. Federall.D. Number
D. Our primary business address is:
E. Our present business phone number is:
F. Our present fax number is: (
G. Our present e-mail address is:
H. Our business has been under its present name since:
At this present time we understand all requirements and state that as a serious Bidder we will comply with all the
stipulations included in the bid package.
The above-named Bidder affirms and declares:
(1) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this Proposal
or in the contract proposed to be entered into.
(2) That this Proposals is made without any understanding, agreement, or connection with any other person, firm
or corporation making a Proposal for the same purpose, and is in all respects fair and without collusion or
fraud.
(3) That the Bidder is not in arrears to Hillsborough County upon debt or contract and is not a defaulter, as surety
or otherwise, upon any obligation to Hillsborough County.
(4) That no officer or employee or person whose salary is payable in whole or in part from the County Treasury is
shall be or become interested, directly or indirectly, surety or otherwise in this proposal; in the performance of
the Contract; in the supplies, materials, equipment, and work or labor to which they relate; or in any portion of
the profits thereof.
BIDDER:
By: (SEAL)
(Authorized Signature signed in ink)
(Printed Name of Signer)
(Title of Signer)
(Date Signed)
028405a2.doc
REVISED PART C BID PROPOSAL - PAGE 17
ADDENDUM
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
P.O. BOX 1110
601 E. KENNEDY BLVD., 18TH FLOOR
TAMPA, FLORIDA 33601
BID NO. T-0284-05(JJ)
ADDENDUM NO. THREE (3)
DATE 7/22/05
PAGE 1 OF 1
Jay Jackus, CPPO, CPPB
Procurement Supervisor
TO BIDDER: This Addendum is an integral part of the bid package under consideration by you as a bidder in
connection with the subject matter identified below. Hillsborough County deems all sealed bid proposals to have
proffered in recognition and consideration of the entire bid package - includina all issued addenda. For purposes
of clarification, receipt of this Addendum by a bidder should be evidenced by returning it (signed) as part of the
Bidder's sealed bid proposal at bid opening.
If the Bid Proposal has already been received by the Hillsborough County Purchasing Department, BIDDER should
return this ADDENDUM in a separate sealed envelope which is clearly marked with the BID TITLE, BID NUMBER
AND OPENING DATE AND TIME, stated as follows:
BID TITLE: Rental of Heavy Equipment
BIDS WILL BE OPENED AT 2:00 P.M. ON Tuesdav, AUQust 9,2005 at the Hillsborough County Purchasing
Department, 601 E. KENNEDY BLVD., 18TH FLOOR 33602.
EASON FOR ISSUANCE OF THIS ADDENDUM: THE INFORMATION INCLUDED HEREIN IS HEREBY
.NCORPORA TED INTO THE CONTRACT DOCUMENTS OF THIS PRESENT BID MA TIER AND SUPERSEDES
ANY CONFLICTING CONTRACT DOCUMENTS OR PORTION THEREOF PREVIOUSLY ISSUED:
1. Postpone the previously scheduled bid opening date until Tuesday, August 9,2005 @ 2:00 P.M.
Receipt of this Addendum is hereby acknowledged by the undersigned Bidder:
AUTHORIZED SIGNATURE (BIDDER)
TYPE OR PRINT COMPANY NAME
ADDRESS
TITLE OF PERSON SIGNING ABOVE
TELEPHONE NUMBER
DATE
028405a3.doc
ADDENDUM
HILLSBOROUGH COUNTY PURCHASING DEPARTMENT
P.O. BOX 1110
601 E. KENNEDY BLVD., 18TH FLOOR
TAMPA, FLORIDA 33601
BID NO. T-0284-05(JJ)
ADDENDUM NO. FOUR (4)
DA TE 8/9/05
PAGE 1 OF 1
Jay Jackus, CPPO, CPPB
Procurement Supervisor
TO BIDDER: This Addendum is an integral part of the bid package under consideration by you as a bidder in
connection with the subject matter identified below. Hillsborough County deems all sealed bid proposals to have
proffered in recognition and consideration of the entire bid package - includina all issued addenda. For purposes
of clarification, receipt of this Addendum by a bidder should be evidenced by returning it (signed) as part of the
Bidder's sealed bid proposal at bid opening.
If the Bid Proposal has already been received by the Hillsborough County Purchasing Department, BIDDER should
return this ADDENDUM in a separate sealed envelope which is clearly marked with the BID TITLE, BID NUMBER
AND OPENING DATE AND TIME, stated as follows:
BID TITLE:
Rental of Heavy Equipment
BIDS WILL BE OPENED AT 2:00 P.M. ON Thursdav. AUQust 18, 2005
County Purchasing Department, 601 E. KENNEDY BLVD., 18TH FLOOR 33602.
REASON FOR ISSUANCE OF THIS ADDENDUM: THE INFORMATION INCLUDED HEREIN IS HEREBY
INCORPORATED INTO THE CONTRACT DOCUMENTS OF THIS PRESENT BID MA TIER AND SUPERSEDES
ANY CONFLICTING CONTRACT DOCUMENTS OR PORTION THEREOF PREVIOUSLY ISSUED:
at the Hillsborough
1) Postpone the previously scheduled bid opening date until Thursday, August 18, 2005 @ 2:00 P.M.
Receipt of this Addendum is hereby acknowledged by the undersigned Bidder:
TYPE OR PRINT COMPANY NAME
AUTHORIZED SIGNATURE (BIDDER)
ADDRESS
TITLE OF PERSON SIGNING ABOVE
TELEPHONE NUMBER
DATE
028405a4.DOC
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1'0 N ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
VI.-CONSENT AGENDA
ITEM C.1
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.)
0 April J 8, 2006 April 3, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon)
0 May 16, 2006 May],2006 (Noon)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o June 6, 2006
[8J June 20, 2006
o July 5, 2006
o July 18, 2006
May] 5,2006 (Noon)
June 5, 2006 (Noon)
June ]9,2006 (Noon)
July 3. 2006 (Noon)
. .
0 Administrative 0 Development Plans .j
I'J
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 ;C)
.
-
RECOMMENDATION:
Approve resolution authorizing the City Manager to sign an Agreement for Water Service Outside the City Limits
and Covenant for Annexation with Military Trail Development Group, LLC for the project known as Gateway
Townhomes.
EXPLANA TION:
The subject agreement will allow the City to provide potable water and sanitary sewer service to a proposed 52-unit
townhouse development with a recreation area, located at the intersection of Old Military Trail and the Lake Worth
Drainage District L-20 canal.
Development of the site will require an off-site gravity sewer main extension to an existing lift station located
approximately 150 feet north of the project, plus connections to existing water transmission mains adjacent to the site.
The cost of these utility-related improvements, and all on-site improvements, will be borne by the developer of the
project.
PROGRAM IMPACT:
This project will require approximately 23,000 gallons per day of potable water demand, and 10,500 gallons per day
of sewage treatment capacity.
FISCAL IMPACT:
No net cost to the City. All costs for additional capacity will be defrayed through the collection of Capacity
Reservation Fees, and Capital Facilities Charges, as stipulated in the City's Code.
AL TERNA TIVES:
None. This project lies within the City's utilities service area, and the City has appropriately-sized facilities in close
proximity.
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
I rj
14 ~~~~
Dep~ead's Signature
~C.M .
tty anager's SIgnature
City Attorney / Finance / Human Resources
Department Name
xC: 0YPeter Mazzella (w. copy of attachments)
Barbara Conboy
Michael Rumpf
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this _ day of ,200_, by and between
Military Trail Development Group, LLC hereinafter called the "Customer", and the CITY OF
BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service
from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton
Beach and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide 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 S'1 Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by thc
Customer, unless written consent is granted by thc City of Boynton Beach fur other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which arc applicable which may be L:hanged from time to time.
7. Any rights-of-way or casements necessary to accummodate 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 thc power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph I above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairn1ent or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
2
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's rcasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officcrs, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or perfonnance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall
be valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to
the property which is the subject of this Agreement.
(REMAINDER O.F PAGE INTENTIONALLY LEFT BLANK)
3
WITNESS:
~dh~-->/t&1
Witness Signature
~#.n.ftfd;v A.:6fJ:& di.1
Prin itness Name
ATTEST:
Secretary
Print Name
FOR CORPORATE NOTARIZATION:
STATE OF K()e.~~A
COUNTYOR~ ~
CORPORATION AS OWNER(S):
By: [~
Its: Managing Member
Leonard Albanese, Managing Member of
Military Trail Development Group, LLC
{ CORPORATE SEAL}
)
)ss:
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take ~cl91owle~~e~~lY appeared
h'Lct\<lQ.:O A.UoUAUSC-_- as~~~~~_~~of /\\~\'t1\-~~l)~"l.LLL. named in the
foregoing agreement and that he/she abttnowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
oresaid this 3- day of
~
~ ~.~ WOlDcss my hand and official seal in the Cou
n ' 200 Je.,
,'... " Ann B tt l' <
2~~;' '~~<6"-:;. .. a ag Illl
=.:~':*= Com!llisslOn #DD253783
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My Commission Expires:
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City Attorney
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 , 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.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,200_
day
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doclrev. 1-6-06
H:\1990\900J 82.BB\AGMTlWater Service Agreement (Corp), Rev 090205.rev J-6..o6.doc
5
THIS INSTRUMEl"T PREPARED BY
James A Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Leonard Albanese, as Corporate Representative of Military Trail Development
Group, LLC, 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:
PCN No.: 00.43.45.07.00.000.3050 & 3060
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the!f--- day of
~eJ _ _____, in the year 20~.
Sealed and delivered in the presence of
~re~~~
I::fi Ty./~E$:A./ .f}. $;rL.-T~f.Y
Print Name 7
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Print Name
STATEOF Ft()f_lOIt )
COUNTY OF ~ ~ ~
Corp. Name: Milit Trail Development Group, LLC
By:
ATIEST
Secretary
Corporate Seal:
SS:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
'ilforesaid and in the County aforesaid to take acknowlm~~ersonallY appeared
kt..MQ ro A-~ ( J~L as~~ '1 kt~f ",,1..~~) P '!s..; ftLuc..:t named in the
foregoing agreement and that he/she ac owl edged executmg the same m the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation_
and State last aforesaid this ~ day of
Witness my hand and official seal in the Co
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My Commission Expires:
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faWNER'S POLICY OF TITLE INSURANCE
, Issued by Lawyers Title Insurance Corporation
POLICY NUMBER
~ ~ landAmerica
~ lawyers Title
Lawyers Title Insurance Corporation is a member of the
LandAmerica family of title insurance underwriters.
A81-0198921
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest:
--...."........""",
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;- "....\. ......._~... (' '.
f~ .... ....o~
fr., / -.- .....~'~
"lZ:i$€A.I. "C:>~
~~~ lIui:~
~:J ~ :~I
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I,. ...., .......;
I, ~ ....._.....~. .:
',',:('''..0110._----
"",,..............-
By:
~ ,( eA~ b... J...
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defec1!..Jien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosf!d
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
ALTA Owner's Policy (10/17/92) with Florida Modifications
Form 1190-78
ORIGINAL
Valid only if Schedules A and B are attached
Policy of Title Insurance
Lawyers Title Insurance Corporation
Schedule A
Order Number: 51248900LA
Policy Number: A81-0198921
Reference Number: 23455.011000
Amount of Insurance: $4,000,000.00
Date of Policy: March 17,2006 at 4:03 p.m.
Name ofInsured:
MILITARY TRAIL DEVELOPMENT GROUP, LLC, a Florida limited liability company
I. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
2. Title to the estate or interest in the land is vested in:
MILITARY TRAIL DEVELOPMENT GROUP, LLC, a Florida limited liability company,
pursuant to that certain Deed recorded in Official Records Book 20073, Page 0454, Public
Records of Palm Beach County, Florida.
3. The Land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
GREENBERG TRAURIG, P.A.
This policy is invalid unless a cover sheet and Schedule B are attached.
Schedule B
Policy Number: A81-0198921
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
I. Taxes and assessments for the year 2006 and subsequent years, not yet due and payable.
2. Road Right-of-Ways and dedications shown on the Plat of Amended Plat of Sec. 12 Twp.
45 S. R. 42 E. Mary A. Lyman Et AI, according to the Plat thereof, as recorded in Plat Book 9,
Page 74, of the Public Records of Palm Beach County, Florida
3. Easement in favor of Florida Power & Light Company recorded in Deed Book 442, Page
12.
4. The following matters disclosed on survey prepared by Adair & Brady, Inc., under
Project# 05029, last revised
3-6-06:
a) Encroachment offence onto adjacent property on the South side.
b) Concrete drive and Shellrock Drive onto adjacent property on the West side.
5. Mortgage made by Military Trail Development Group, LLC, a Florida limited liability
company, in favor of Fidelity Federal Bank & Trust, dated March 16, 2006, recorded March 17,
2006, in Official Records Book 20073, Page 0458, Public Records of Palm Beach County,
Florida.
6. Assignment of Rents in favor of Fidelity Federal Bank & Trust, dated March 16, 2006,
recorded March 17, 2006, in Official Records Book 20073, Page 0466, public records of Palm
Beach County, Florida.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm
Beach County, Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627 A131, please be advised that the insured
hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving
complaints, by contacting the Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL
32801 Telephone 407-481-8181.
Order No: 5 I 225226LA
Reference No: 86596.010100
Exhibit "A"
Tract 15, in the Southeast] /4 of Section 12, Township 45 South, Range 42 East, Palm Beach County, Florida, also
being described as the Southwest ]/4 of the Southwest ]/4 of the Southeast 1/4 of Section 12, Township 45 South,
Range 42 East, Palm Beach County, Florida.
LESS AND EXCEPTING:
2 acres more or less, consisting ofa strip 132 feet by 660 feet from the Northern boundary of Tract 15 of the
Southeast 1/4, being the Southwest 1/4 of the Southwest 1/4 of the Southeast ]/4 of Section 12, Township 45 South,
Range 42 East, Palm Beach County, Florida, described as running East from the center of Military Trail 660 feet;
thence South ]32 feet; thence West 660 feet; thence North 132 feet along Military Trail to close, as set forth in
Deed Book 1018, Page 145, of the Public Records of Palm Beach County, Florida.
FURTHER LESS AND EXCEPTING:
the South 25 feet of said Tract 15 abutting and lying North of the platted ]5' Road Right-of-Way; said platted Road
Right-of-Way as shown on the Plat of Amended Plat of Sec. ]2 Twp. 45 S. R. 42 E. Mary A. Lyman Et AI,
according to the Plat thereof, as recorded in Plat Book 9, Page 74, of the Public Records of Palm Beach County,
Florida.
FURTHER LESS AND EXCEPTING:
that portion lying within 33 feet of the center line of Old Military Trail; said center line being the West line of the
Southeast 1/4 of said Section 12.
BOC-FS 1 \402666vO 1 \C97WO 1_.DOC\4n 106\23455.011000
I n III n 1111111111111 IIIII
This Instrument Was Prepared
By:
CF'N 20060160823
uk BK 20073 PG 0454
khCOkDED 03/1712006 16:03:21
Pal. Beach County~ Florida
AMT 4~000~000.00
Doc Staap 28~000.00
Sharon R. Bock~CLERK & CO"PTROLLER
ygs 0454 - 457; (4pgs)
John C. Strickroot, Jr., Esquire
SHUTTS & BOWEN LLP
250 S. Australian A venue, Suite 500
P.O. Box 3555 (33402-3555)
West Palm Beach, Florida 33401
Property Appraisers Parcel
Identification (Folio) Number:
00-42-45-12-05-015-0030 and
00-42-46-12-05-015-0010
WARRANTY DEED
THIS WARRANTY DEED, executed as of the lilL day of March, 2006, by Kim Van
Lam and Nguyen T. Lam, husband and wife, (the "Grantor"), whose mailing address is 7928 S.
Military Trail, Lake Worth, Florida 33489 to Military Trail Development Group, LLC, a Florida
limited liability company (the "Grantee"), whose mailing address is 1200 South Rogers Circle,
#11, Boca Raton, Florida 33487.
WITNESSETH
That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good
and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, and sold to Grantee and Grantee's heirs
and assigns forever, the following described real property situate, lying, and being in Palm
Beach County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO.
TO HA VE AND TO HOLD the same in fee simple forever.
This conveyance is made SUBJECT TO the following:
1. Ad valorem real property taxes and assessments for the year 2006 and subsequent
years.
2. All other matters of record, including, but not limited to, all rights of way,
restrictions, reservations, covenants, conditions, and easements, but nothing set forth herein shall
operate to reimpose same.
3. All facts that would be shown by an accurate, current survey.
WPBDOCS 7214444 I
4. Applicable zomng and other land use laws, ordinances, regulations, and
restrictions.
And Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has executed this Warranty Deed as of the day and
year first above written.
Signed, sealed, and delivered
in the presence of:
cf~~~
Signature of Witness 1
AUf ( ~ G
KIM V AN LAM
------
~,'\~ 2o.V\Q,~t
Print or ype name of Witness 1
~
Si
Signed, sealed, and delivered
in the resence of:
<;
~
~
N E .
{ 0. {'\ 5.<;0\ So \1"\(' ~
Print or type name of Witness 1
Si
WPBDOCS 7214444 1
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of March, 2006,
by Kim Van Lam, who is personally known to me or who has produced DR I Vf:E~'S l...JCEfJSl;
as identification.
OFFICIAL NOTARIAL SEAL:
cWfi/4IL Lj)/ tf}o}
Theresa M. Crowther
(type, print, or stamp name)
Notary Public
Commission No.
"P ~ Theresa M Crowther
tJ . My Commission 00296183
"\'1;.1 FxpiresApril18 2008
My Commission Expires:
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of March, 2006,
by Nguyen T. Lam, who is personally known to me or who has produced bRIuc=e.S LlGf:1.J$t
as identification.
OFFICIAL NOTARIAL SEAL:
~vJI~
Theresa M. Crowther
(type, print, or stamp name)
Notary Public
:P~ ~ Theresa M. Crowther
\ ~) My Commission 00296183
Of '" Expires April 18. 2008
My Commission Expires:
Commission No.
WPBDOCS 7214444 1
. '
Order No: 51248900LA
Reference No: 23455.0 11000
Exhibit "A"
Tract] 5, in the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County, Florida, also being described as
the Southwest 1/4 of the Southwest ]/4 of the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County,
Florida.
LESS AND EXCEPTING:
2 acres more or less, consisting of a strip 132 feet by 660 feet nom the Northern boundary of Tract 15 of the Southeast 1/4, being the
Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County,
Florida, described as running East nom the center of Military Trail 660 feet; thence South 132 feet; thence West 660 feet;
thence North 132 feet along Military Trail to close, as set forth in Deed Book 1018, Page 145, of the Public Records of Palm Beach
County, Florida.
FURTHER LESS AND EXCEPTING:
the South 25 feet of said Tract 15 abuning and lying North of the platted 15' Road Right-of- Way; said platted Road Right-of- Way as
shown on the Plat of Amended Plat of Sec. 12 Twp. 45 S. R. 42 E. Mary A. Lyman Et AI, according to the Plat thereof, as recorded in
Plat Book 9, Page 74, of the Public Records of Palm Beach County, Florida.
FURTHER LESS AND EXCEPTING:
that portion lying within 33 feet of the center line of Old Military Trail; said center line being the West line of the Southeast 1/4 of
said Section 12.
,-- / I j
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FINAL SITE PLAN
GATEWAY TOWNHOMES
PALM BEACH COUNTY, FLORIDA
~
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORi,..
VI.-CONSENT AGENDA
ITEM C.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetilll!. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6. 2006 May IS, 2006 (Noon)
0 Apn118,2006 April 3, 2006 (Noon) [8] June 20, 2006 June S, 2006 (Noon)
0 May 2, 2006 Apn117,2006 (Noon) 0 July S, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 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
0 City Manager's Report
RECOMMENDATION: Staff recommends adoptions of Resolution 2ranting the Mayor authority to
sign this Assignment and Assumption Agreement(' Assignment and Assumption") is made by and among Bellsouth
Telecommunications, Inc. ("BeIlSouth"), City of Boynton Beacb, Florida ("Assignor") and Palm Beach County,
Florida , its successors and assigns ("Assignee")
EXPLANATION: This agreement authorizes Bellsouth to install a secondary E 9-1-1 PSAP for the purpose of
complying with tbe recommendations to relocate 9-1-1 Communications Department in the event of an emergency
evacuation. The County has requirements that aU Public Safety entities provide an alternate site in case of an
Emergency Disaster Evacuation. This secondary Public Safety Answering Point (PASP) equipment will be leased
from Bellsouth for a period of time, until the new EOCI Fire Station 5 building is completed and the cost will then be
incurred by the Palm Beach County E 9-1-1 Management that will cover all costs of a Primary (psAP).
PROGRAM IMPACT: This provides the 9-1-1 equipment necessary in a safe alternate site for the City of Boynton
Beacb in tbe event of a disaster emergency, to house tbe Communications Department.
FISCAL IMPACT: The cost ofthis 12 month lease with Bellsouth is $3,781.00 per month /$45,372 annually. There is
an additional yearly cost of $1026.00 for six (6) 911 trunk lines at tbe EOC, and in addition to that, a one time cost of
$2031.00 for the initial set up. The funds for this agreement have been outlined in tbe 200612007 purposed budget.
12 -month lease-
Addt'l Cost -6 trunk lines
One time set-up cost
45,372.00
1,026.00
2,031.00
Account# 001-2220-525- Management Emergency Fund Account
Total expenditure -----$48,429.00
AL TERNA TIVES: No alternate solution. This alternate disaster site has been outlined as a necessity for tbe relocation
ofTbe City of Boynton Beach's 9-1-1 Communications Department. In addition to this, all Public Safety Answer
Points bave been put on notice to bave an alternate site identified for a true emergency.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMJXX.::
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
t~
ey / Finance / Human Resources
Communications Department
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.JXX::
C#YL
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 ASSIGNMENT AND ASSUMPTION AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH,
9 BELLSOUTH TELECOMMUNICATIONS, INC., AND
10 PALM BEACH COUNTY, FOR THE 911
11 EQUIPMENT NECESSARY IN THE EVENT OF A
12 DISASTER EMERGENCY AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, this Agreement authorizes Bellsouth to install a secondary E 9-1-1
16 Public Safety Answer Point (PSAP) for the purpose of complying with the recommendations
17 to relocate 9-1-1 Communications Department in the event of an emergency evacuation; and
18 WHEREAS, the County has requirements that all Public Safety entities provide an
19 alternate site in case of an emergency disaster evacuation; and
20 WHEREAS, staff has reviewed the request and recommends to the City Commission
21 of the City of Boynton Beach and the City Commission finds it to be in the best interest of
22 citizens and residents of the City Of Boynton Beach to authorize the Mayor and City Clerk to
23 execute the Assignment and Assumption Agreement by and between Bellsouth
24 Telecommunications, Inc., the City of Boynton Beach, Florida and Palm Beach County
25 lorida, to provide the necessary 9 I 1 equipment in a safe alternate site in the event of a
26 disaster emergency.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 HE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29
30
eing true and correct and are hereby made a specific part of this Resolution upon adoption
31
Section 2.
The City Commission of the City of Boynton Beach, Florida does
32
33 ereby authorize the Mayor and City Clerk to execute the Assignment and Assumption
34 greement by and between Bellsouth Telecommunications, Inc., the City of Boynton Beach,
:\CAIRESOlAgreements\Bellsouth 911 PSAP Agreement.doc
Florida and Palm Beach County Florida, to provide the necessary 91\ equipment in a safe
2 alternate site in the event of a disaster emergency, a copy of which is attached hereto as
3 Exhibit "An.
4
Section 3.
This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED this _,~ day of June, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor Jerry Taylor
Vice Mayor- Carl McKoy
Commissioner - Robert Ensler
Commissioner- Mack McCray
Commissioner - Muir C. Ferguson
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESOlAgreementsIBellsouth 911 PSAP Agreementdoc
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company" or "BellSouth") and CITY
OF BOYNTON BEACH, a Florida municipal corporation ("Customer"), and is entered into pursuant to
Tariff Section A5 of the General Subscriber Services. This Agreement is based upon the following terms
and conditions as well as Attachment(s) affixed hereto and the appropriate lawfully filed and approved
tariffs which are by this reference incorporated herein.
1. Scope. Customer requests and Company agrees, subject to the terms and conditions herein, to provide
the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions
as described in this Agreement ("Service"). The rates, charges, and conditions described in this
Agreement are binding upon Company and Customer for the duration of this Agreement. For the
purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall
become effective upon execution by both parties. For purposes of the determination of any service
period stated herein, said Service period shall commence when the Service is accepted by Customer or
when the customer begins using the Service for its intended operational use, whichever occurs first.
2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services
required for the installation of the Service. Customer agrees to be responsible for all rates, charges and
conditions for any additional tariffed services that are ordered by Customer.
3. Regulatory Considerations. This Agreement is subject to and controlled by the provisions of
Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not
limited to Section A2 of the General Subscriber Services Tariff and No.2 of the Federal
Communications Commission Tariff and shall include all changes to said tariffs as may be made from
time to time. All appropriate tariff rates and charges shall be included in the provision of this service.
Except for the expressed rates, charges, terms and conditions herein, in the event any part of this
Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies'
lawfully filed and approved tariffs, the tariff shall control.
4. Regulatory Approvals. This Agreement may be subject to the appropriate regulatory approval prior to
commencement of installation. Should such regulatory approval be denied. after a proper request by
Company, this Agreement shall be null, void, and of no effect.
5. Cancellation-Prior to Installation. If Customer cancels this Agreement, other than for a breach of the
material terms by Company, prior to the completed installation of the Service, but after the execution
of this Agreement by Customer and Company, Customer shall pay all reasonable costs incurred in the
implementation of this Agreement prior to receipt of written notice of cancellation by Company.
Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if
the work in the implementation of this Agreement had been completed by Company.
6. Termination-Prior to Expiration of Service Period. If Customer cancels this Agreement, other than for
a breach of the material terms by Company, at any time prior to the expiration of the Service period set
forth in this Agreement, Customer shall be responsible for all termination charges. Unless otherwise
specified by the tariff, termination charges are defined as all remaining charges as a result of the
minimum Service period agreed to by the Company and Customer and set forth in this Agreement.
7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Florida.
8. Notices. Except as otherwise provided in this Agreement, notices required to be given pursuant to this
Agreement shall be effective when received. and shall be sufficient if given in writing, hand delivered,
or United States mail, postage prepaid, addressed to the appropriate party at the address set forth
below. Either party hereto may change the name and address to whom all notices or other documents
required under this Agreement must be sent at any time by giving written notice to the other party.
PRIV ATFJPROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRIlTEN AGREEMENT.
Page 1 ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
BellSouth
BellSouth Telecommunications, Inc.
Assistant Vice President
70 I NorthPointe Parkway
West Palm Beach, FL 33407
Customer
City Manager
CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BLVD.
P. O. Box 310
BOYNTON BEACH, FL 334350310
James Cherof, City Attorney
Goren, Cherof, Doody, Erzol, PA
3019 East Commercial Boulevard
Suite 200
Ft. Lauderdale, Florida 33308
9. Assignment. Customer may not assign its rights or obligations under this Agreement without the
express written consent of Company and only pursuant to the conditions contained in the appropriate
tariff.
10. Severability. In the event that one or more of the provisions contained in this Agreement or
incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any
applicable statute, regulatory requirement or rule oflaw, then such provisions shall be considered
inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this
Agreement shall continue in full force and effect.
11. Merger Clause. Customer acknowledges that Customer has read and understands this Agreement and
agrees to be bound by its terms and conditions. Customer further agrees that this Agreement, and any
orders, constitute the complete and exclusive statement of the Agreement between the parties,
superseding all proposals, representations, and/or prior agreements, oral or written, between the parties
relating to the subject matter of the Agreement.
12. Acceptance. Acceptance of any order by Company is subject to Company credit and other approvals.
Following order acceptance, if it is determined that: (i) the initial credit approval was based on
inaccurate or incomplete information; or (ii) the Customer's creditworthiness has significantly
decreased, Company in its sole discretion reserves the right to cancel the order without liability or
suspend the order until accurate and appropriate credit approval requirements are established and
accepted by Customer.
13. Taxes and Fees. All charges are exclusive of applicable federal, state or local taxes and fees. Company
may invoice and Customer agrees to pay to Company amounts equal to any taxes resulting from this
Agreement or any activities hereunder including any and all sales and use taxes, duties, or review imposed
or pennitted by any authority, government, or governmental agency, exclusive of taxes on Company's net
income. Customer will be responsible for any ad valorem, property, or other taxes assessable on
equipment on or after delivery to the installation site.
14. Risk of Loss or Damage. All risk of loss or damage shall pass to Customer as to each item of equipment
on the date of delivery to the Customer Service location provided that such loss or damage is not caused by
the Company.
PRIV A TEIPROPRlET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTII COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 2 ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
15. Security Interest. Customer grants the Company a purchase money security interest in each item of
equipment or software. Customer agrees to execute any documents that are reasonably requested by
the Company to protect or perfect the Company's security interest.
16. Software License.
a) All software is and will remain the property of Company. Company, with respect to
Company developed software and to the extent authorized under the supplier
licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense
(without the right to further sublicense) to use the software, subject to the following
terms and conditions.
b) Customer shall (i) use the software only in conjunction with the particular Service for which
the software was initially furnished; (ii) use the software solely for Customer's internal
business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or
otherwise translate the software into human readable form, nor reproduce the software except
for archival purposes; (iv) return the software, together with all copies thereof, or with
Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the
software when no longer needed or permitted for use with the Service for which the software
was furnished; and (v) keep in confidence all information relating to software and treat such
information as the exclusive property and trade secret of Company or such suppliers.
c) In addition to the above, where Company's suppliers require Customer to sign or otherwise
agree to separate licensing provisions directly with the supplier, Customer shall comply with
such licensing provisions.
17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer
and Company to the change. Such change would not materially alter the original design, functionality or
implementation date. Appropriate documentation will be required so that additions or deletions may be
recorded and charges or credits issued The Customer's ability to delete items from an order or to return
equipment is subject to Company's ability to return the equipment to the manufacturer. Restocking,
shipping and handling charges will be assessed with respect to any items deleted or returned.
a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide
the software and hardware one hundred twenty (120) days from the date that this Agreement is
effective. If requested by the Customer, Company will deliver the Service in less than one
hundred twenty (120) days provided that the Customer pay reasonable expedite delivery charge
that are incurred by Company. Notice of those charges will be provided after the required
delivery date is detennined by the Customer and the Company.
b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred
by Company if Service delivery is delayed by Customer. If the implementation is delayed,
through no fauh of the Company for ninety (90) days from planned implementation, the
Company will have the option to revise the pricing to the then current rates and to collect aU
reasonable out of pocket costs for implementation delays, storage and lost margins from
Customer.
c) Additional equipment. Customer acknowledges that the equipment requirements are based on the
current information provided by the Customer and are the best estimate of Customer and
Company. If additional equipment is required, Company will provide the equipment after the
Customer's completion and Company's acceptance ofa written change order, which will include
any additional charges to Customer.
d) Customer acknowledges that it has reviewed the proposed configuration and the storage sizing is
adequate for the current site operations. Future operational changes or additional storage
requirements may necessitate additional equipment which will be billable to the Customer.
18. Maintenance.
a) If applicable, maintenance service commences at the earlier of the Service acceptance or the
date that the Customer begins using the Service for its intended operational purpose.
PRIV A TElPROPRIET ARY
CONTAINS PRIV A lE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT.
Page3of14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Maintenance may be provided via repair, replacement, or upgrade of defective equipment at
Company's option. If on-site manufacturer service is required, it will be provided at
Company's then current commercial rates.
b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the
Order. The initial term shall be automatically renewed for successive terms of one (I) year
each at Company's then-current rates. Either party may elect not to renew maintenance
service by giving the other party written notice at least thirty (30) days prior to the end of the
then-current term.
c) A description of the Service, Support and Maintenance for Service is set forth in Attachment
One.
19. Remedies and Damages Limitations.
a) The following limitations ofliability represent a material inducement to the parties to enter
into this Agreement and to perform Orders at the stated price. If additional risks or
undertakings were contemplated by Company, the additional risks or undertakings would
have been reflected in an increased price. In contemplation of the price, Customer
acknowledges that there is consideration for the limitation of damages and remedies set forth
above and as follows.
b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE
CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR
MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER
UNAUTHORIZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL
APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY,
NEGLIENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL
DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE,
WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY
DEF AUL T OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE
LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE
OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED
AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR
OR REPLACEMENT IS NOT REASONABLY AVAILABLE.
20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept
conforming equipment or Services, Company may exercise all remedies to which Company may be
entitled at law or in equity, including specific performance. Additionally, Company may declare all sums
due or to become due hereunder immediately due and payable, and Company shall be entitled to recover
all collection costs incurred, including legal interest. In addition, for payments not received within thirty
(30) days of the invoice date, a late fee not exceeding the lower of two percent (2%) per month or the
maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be
obligated to perform Services hereunder if Customer is in default of any of its obligations under this
Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding,
unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to
continue performing under any Order, Company's actions shall not constitute a waiver of any default by
Customer.
21. Contingencies. Company shall be excused from performance and shall not be liable for any delay or
damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or
of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience,
delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorisID, acts of
any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power
failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance.
PRIV A TElPROPRlET ARY
CONTAINS PRIVATE AND/OR PROPRlET ARY INFORMA nON. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOurn COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 4 ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
22. Confidentiality.
a) Except as set forth in this Agreement and subject to the Florida Public Records requirements,
each Party agrees that (a) all information communicated to it by the other and identified and
marked as "confidential," whether before or after the date hereof, (b) all information identified as
confidential to which it has access in connection with the Services and (c) this Agreement, all
associated contract documentation and correspondence, and the parties' rights and obligations
hereWlder (collectively, "Confidential Information"), will be, and will be deemed to have been,
received in confidence and will be used only for purposes of this Agreement. Each party agrees
to use the same means it uses to protect its own confidential information, but in no event less than
reasonable means, to prevent the disclosure and protect the confidentiality of Confidential
Information. No Confidential Information will be disclosed by the recipient party without the
prior written consent of the disclosing party; provided, however, that each party may disclose this
Agreement and any disclosing party's Confidential Information to those who are employed or
engaged by the recipient party, its agents or those of its affiliates who have a need to have access
to such information in connection with their employment or engagement, provided the recipient
party notifies such persons of the obligations set forth in this Section and such persons agree in
writing to abide by such obligations.
b) The obligations set forth in subsection 22.1 above will not prevent any party from disclosing
information that belongs to such party or ( a) is already known by the recipient party without an
obligation of confidentiality other than Wlder this Agreement, (b) is publicly known or becomes
publicly known through no Wlauthorized act of the recipient party, ( c) is rightfully received from
a third party, (d) is independently developed without use of the disclosing party's Confidential
Information or (e) is disclosed without similar restrictions to a third party by the party owning the
Confidential Information. If Confidential Information is required to be disclosed pursuant to law,
regulation, tariff or a requirement of a governmental authority, or in connection with an
arbitration or mediation, such Confidential Information may be disclosed pursuant to such
requirement so long as the party required to disclose the Confidential Information, to the extent
possible, provides the disclosing party with timely prior written notice of such requirement and
coordinates with the disclosing party in an effort to limit the nature and scope of such required
disclosure. Upon written request at the expiration or termination of an Attachment or order, all
documented Confidential Information (and all copies thereof) owned by the requesting party (if
previously received by the terminating party) will be returned to the requesting party or will be
destroyed, with written certification thereof being given to the requesting party. The provisions
of this Section shall remain in effect dwing the term of the Agreement and shall survive the
expiration or termination thereof for a period of four (4) years, provided that the obligations
hereWlder shall continue in effect for any Confidential Information for so long as it is a trade
secret Wlder applicable law.
23. Beneficial Use. Beneficial Use occurs when the Customer uses the Service or feature of the Service for its
intended operational purpose (excluding training or testing) prior to the full completion of acceptance
testing ("Beneficial Use"). Upon commencement of Beneficial Use by Customer, payment requirements
will begin and the Customer shall assume responsibility for the use and operation of the Service. Customer
may not commence Beneficial Use without Company's prior written authorization, which may be withheld
in Company's reasonable discretion. Company is not liable for Service deficiencies that occur dwing
unauthorized Beneficial Use. Customer acknowledges that service corrections and software changes can
result in intemIptions to normal system operations.
24. Statement of Work. Customer's installation of the Service will begin upon the development ofa Statement
of Work by Customer and Company.
25. Warranty Period. Unless expressly provided otherwise in this Agreement, Customer acknowledges that
the Services do not include a warranty period and that billing for the Service will begin upon acceptance or
Beneficial Use by the Customer.
PRlV A TElPROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITfEN AGREEMENT.
Page 5 of14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
26. This Agreement is not binding upon Company until executed by an authorized employee, partner, or
agent of Customer and Company. This Agreement may not be modified, amended, or superseded
other than by a written instrument executed by both parties, approved by the appropriate Company
organization, and incorporated into Company's mechanized system. The undersigned warrant and
represent that the undersigned have the authority to bind Customer and Company to this Agreement.
PRIV A TE/PROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT
Page 6 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
Option 1 of 1
Offer Expiration: This offer shall expire on: 10/6/2006.
Estimated service interval following acceptance date: Negotiable weeks.
Service description:
This Special Service Arrangement provides rates and charges for E911 Public Safety Answering
Position (PSAP) equipment and software provided by InterAct Systems, Inc.
This Agreement is for sixty (60) months. The service interval will be negotiated.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the dates set forth below.
Accepted by:
Customer:
CITY OF BOYNTON BEACH
Inc.
Company:
BellSouth Telecommunications,
By: BellSouth Business Systems, Inc.
By:
By:
Authorized Signature
Authorized Signature
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
PRlV A TE/PROPRlET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 7 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option I of I
RATES AND CHARGES
Rate Elements Non- Recurrin2: Monthlv Rate USOC
I InterAct $.00 $184.00 WIIAl
Vertical Software Modules,
Intergrated CAD Geo
-Each
2 InterAct $11. 00 $91. 00 WIIAM
Workstation,
CAD
-Each
3 InterAct $12.00 $54.00 WIIAT
Monitor,
21 inch (18.1 inch viewable LCD) ,
,
i
-Each i
4 InterAct $30.00 $132.00 WIIF3
Phone,
40 Line,
Desktop
-Each
5 InterAct $350.00 $1,024.00 WI" -1
Basic Interceptor Controller I
(2 Position, 2 Trunks)
-Each
6 interAct $24.00 $90.00 WIIFG
Card,
Primary,
Station Card Shelf (holds up to 10
positions)
-Each
7 InterAct $18.00 $22.00 WIIFJ
Card,
Caller ID
-Each
8 InterAct $39.00 $36.00 W II FK
Card,
911 Trunk
-Each
9 InterAct $126.00 $572.00 WI1 G2
Interceptor MIS System, -
PRIV A TF/PROPRIET ARY
CONTAINS PRTV A TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRfITEN AGREEMENT.
Page 8 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option 1 of 1
RATES AND CHARGES
-each
10 InterAct $.00 $1.00 W 11 G4
Station Slot Cover
-Each
11 InterAct $.00 $1.00 W11G5
Card,
Line Card Shelf Slot Cover
-Each
12 InterAct $24.00 $18.00 W11 G6
Card,
Caller ill Line,
Spare
-Each
13 InterAct $12.00 $70.00 WI1G8
Card,
Station,
Primary
-Each
14 InterAct $6.00 $6.00 W11GE
Headset Jack
-Each
15 InterAct $6.00 $2.00 W11GH
Handset, Cord and Cradle
-Each
16 InterAct $12.00 $9.00 W11GK
ALl Display Adapter
-Each
17 InterAct $24.00 $28.00 WIIGM
lDDrryy Option
-Each
18 InterAct $12.00 $2.00 W11GO
Mini Keyboard
-Each
19 InterAct $24.00 $52.00 W11GQ
ALl Display screen
PRN A TFJPROPRIET ARY
CONTAINS PRN ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TIlE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 9 ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option 1 of 1
RATES AND CHARGES
-Each '1
I
20 InterAct $6.00 $104.00 WIIGT 1
Phone, I
3240D 40 button,
Desk Mount,
Spare
-Each
21 InterAct $12.00 $60.00 WIIGU
Card,
Station,
Primary,
Spare
-Each
22 InterAct $24.00 $62.00 WIIGW
Card,
911 Trunk,
Spare
-Each
23 InterAct $12.00 $49.00 Wl1
ALl Display,
Spare
-Each
24 InterAct $50.00 $17.00 W11HB
MIS Application,
User
-each
PRIV ATE/PROPRlET ARY
CONTAINS PRlV ATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 10 of 14
SPECMLSER~CEARRANGEMffiNT
AGREEMffiNT Case Number FL06-6761-02
Option 1 of 1
RATES AND CHARGES
NOTES:
1. A termination liability charge will be applicable if the Customer terminates all or any part of
the service provided in this Agreement prior to the end of the sixty (60) month service period.
The applicable charge is equal to the number of months remaining in the Agreement term
multiplied by sixty percent (60%) of the monthly rates.
2. The Customer must subscribe to additional elements set forth in this Agreement within the
first twelve (12) months of acceptance of the Agreement. The addition of elements after the
initial twelve (12) month period will require a new Special Service Arrangement.
3. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and
regulations of the General Subscriber Services Tariff apply.
4. This Agreement does not cover the following:
damages caused by disasters such as fIre, flood, wind, or earthquake.
damages caused by unauthorized disconnects or de-powering of the equipment.
damages caused by power surges, under voltage, over voltage, brownouts, or ground faults
caused by commercial AC power and/or Customer provided generators.
damages caused by modifications to the equipment, unauthorized attachments, alterations,
modification or relocation of the equipment by an unauthorized person.
damage during shipment other than original shipment to the Customer.
damage caused by consumables or spilled liquids, impact with other objects.
damage caused by any other abuse, misuse, mishandling, misapplication.
damage caused by software viroses, however introduced. This Agreement does not include
hardware or software replacement that may be required by the introduction of software
viruses or lost data regardless of the cause. Company or its supporting vendors may assist in
the repair or recovery efforts at current time and materials rates.
Except as provided in Note 5 below, in addition, in the case of damage, loss, theft or destruction
of the equipment or software not due to ordinary wear and tear, the Customer shall be required to
pay the expense incurred by the Company in connection with the replacement of the equipment
damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition.
5. Company will repair or replace equipment that is damaged by lightning strikes only if the
Customer provides and maintains proper grounding and bonding of the equipment as specified in
the E9-1-1-- PSAP Site Requirements (a document separate from this Agreement). Where
improper grounding is found Company will repair or replace the damaged equipment on a time
and materials basis at the Customer's expense.
6. Hardware not provided by the Company will not be repaired, replaced or maintained by the
Company even though interconnected or integral to the Service. All Customer-provided
equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees
to obtain prior written approval from the Company before additional software is added to the
Service and agrees to pay current time and material charges for problems attributable to non-
approved software.
PRlV ATElPROPRIET ARY
CONTAINS PRlV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TIlE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WR1TIEN AGREEMENT.
Page II ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option I of I
7. Customer acknowledges that software installation is limited to the applications sold under this
or other BellSouth agreements.
8. Customer acknowledges that it has reviewed the proposed configuration and represents storage
sizing is adequate for the current site operations. Future operational changes or additional storage
requirements may necessitate additional equipment which will be billable to the Customer.
9. In the event that all or any part of this Agreement is terminated at the Customer's request,
other than for a breach of the material terms by Company, prior to the expiration of the
Agreement term, the Customer will be required to pay the applicable termination charge as stated
in this Agreement. The Agreement provisions concerning termination liability shall be
inapplicable to any state, county, or municipal governmental entity when there is in effect, as a
result of action by such entity and through a duly constituted legislative, administrative, or
executive body:
1. a statute;
2. an ordinance;
3. a policy directive; or
4. a constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract
by any such entity, or agency thereof, due to an unavailability of funding. When service is being
provided and funding to the governmental entity for such service becomes unavailable, the
governmental entity may cancel the service without additional payment obligation. Absent any
official statute, ordinance, policy directive, or constitutional provision, the Customer shall be
responsible for the termination charge.
All trademarks or service marks contained herein are the property of the respective owners.
END OF ARRANGEMENT AGREEMENT OPTION 1
PRIV A TElPROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTII COMPANIES EXCEPT PURSUANT TO A WRITfEN AGREEMENT.
Page 12 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option 1 of 1
Attachment 1
Service, Support, and Maintenance
BellSouth and InterAct have developed a state-of-the-art monitoring system for PSAP customers.
BellSouth's Regional 9-1-1 Center incorporates remote diagnostic and monitoring tools, which
allow Center technicians to proactively monitor our customers' services, often facilitating
responses to problems before they are reported by our customers.
Network Orange is a remote monitoring device connected directly to the BellSouth Regional 9-1-
1 Center, which is manned on a 24x7x365 basis. The InterAct Virtual Alarm Machine (N AM)
provides major, minor, and critical alarms to Network Orange. Network Orange will dial out to
the BellSouth Regional 9-1-1 Center and report the alarm. The BellSouth Regional 9-1-1 Center
will then dial into the system and correct the problem or dispatch a technician to remedy the
issue.
In addition to around-the-clock monitoring, the Regional 9-1-1 Center receives trouble reports
from customers, providing a single point of contact for all service requests, whether related to
PSAP equipment, the 9-1-1 voice network, switching and routing systems, or the data network. It
provides customers with 24x7 dedicated 9-1-1 expertise and is staffed by a team of technicians
specially trained in dealing with the unique requirements of9-1-1 systems. BellSouth's Regional
9-1-1 Center represents Bell South ' s ongoing commitment to enhancing and expanding service to
our public safety programs. By concentrating knowledge of all of the components of the complex
9-1-1 system at a single point, BellSouth is able to respond to and solve problems faster and more
accurately. Although the Regional 9-1-1 Center is located in Charlotte North Carolina, the
technicians who provide on-site repair services are located in or near the communities where 9-1-
1 services are used.
The BellSouth Regional 9-1-1 Center is supported by the InterAct Help Desk, which has system-
specific software support available 24/7 with remote access support. If the problem cannot be
solved remotely, a technician will be dispatched to the customer site
Installation Date
BellSouth, customer and vendor will jointly determine the installation date for each PSAP and
commit to these dates as part of the Scope of Work documentation. Once that date is determined,
BellSouth will require the vendor to install the product on or before the customer desired dates.
The Installation Date shall not be deemed missed due to installation delays attributable to Force
Majeure or other causes beyond the reasonable control of Bell South or Customer's applications,
equipment or facilities.
PRIV A TElPROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT.
Page 13 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option 1 of 1
Attacbment J
Critical Outage Product FailureILoss of Service
This class of problem is service affecting and deemed an on-going critical problem which
requires immediate action. Service affecting where service lost means ability of Center to
properly perform tbeir duties and no work-around is available. Such problems would involve
system failure, major loss of functionality, which renders the part of the system inoperable. Such
as loss of voice, TDD, ability to transfer calls.
BellSouth will dispatch immediately on a 24*7 basis for Critical outages. They will use existing
spares if possible to repair the service and will expedite the shipment of additional parts as
needed. BellSouth will engage the vendor on the same basis. Critical outages will be escalated
through the vendor's chain of command so that they reach the vice president level within 5 hours
of initial reporting.
Malor Outage Severely Impaired Functionality
This class of problem is a feature affecting and deemed an on-going problem that requires
immediate action. Feature affecting means loss of a feature that limits the ability of the Center to
perform their duties but the core abilities are unaffected. Such problems would involve the
failure of or loss of functionality of any non-critical functional component/feature, however the
system is still operable.
BellSouth will dispatch on a 24*7 basis with a 2 hour response time for Major Outages.
BellSouth will use existing spares if possible to repair the service and will air freight or fed ex
overnight additional parts as needed. BellSouth will engage the vendor on the same basis.
Minor Problem or Query
This class of problem is non-service affecting. It includes incorrect operation of minor
functionality or system components that are infrequently used and problems which have feasible
work-around available
BellSouth will use existing spares to repair the service and will Fed Ex replacement parts on a 3
day basis.
PRIV A TElPROPRlET ARY
CONTAINS PRIV ATE AND/OR PROPRlET AR Y INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TIlE
BELLsourn COMPANIES EXCEPT PURSUANT TO A WRJTfEN AGREEMENT.
Page 14 of 14
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meetino Turned in to City Clerk's Commission Meetino Dates Turned in to City CleFk-'s OffIGEC:
Dates Office ~--t -'.:.,
c_"~
..
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon}~.:
! '.
.-
0 [2J r'-J
April 18, 2006 April 3,2006 (Noon) June 20. 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5,2006 June 19,2006 (Noonr.:
'.
.. -~ lj~~
0 0 ---_...: ;--:;
May 16, 2006 May 1 , 2006 (Noon) July 18, 2006 July 3, 2006 (Noon) ,__ -..i _ ~ '7-__
~- - .
J ' ((-;
0 Administrative 0 Development Plans
NATURE OF IX! Consent Agenda 0 New Business
AGENDA ITEM [2J Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: That Commission approves Resolution 06-_ for a Special Warranty Deed conveying
title to Karen Main for:
Lot 3, less 1-95 right of way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57,
according to the Public Records of Palm Beach County, Florida.
EXPLANATION: Ms. Main, a SHIP applicant, has been pre-approved for a mortgage from a local lender as
a participant in the City's SHIP Construction Program. She has been qualified with moderate income and has
selected a city-owned lot to build a single-family dwelling. The lot was granted a variance on May 23rd, 2006, in
order to accommodate a 1,952 square foot house.
PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's
target area. Upon approval, this would enable vacant property to become a part of the neighboring homes
assisting in the elimination of slum and blight.
FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $255,000.00. The
vacant lot currently provides no taxable revenue.
ALTERNATIVES: None.
m .~ Ai. : AI.., J ), :~'1'Vj,~:<_._.-
~ Dep~rtm~t Head's Signature
.~
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
S:\Community Improvement\Agenda Requests\2006\CC6-20 Lot Main.doc
~
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
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Legend
o Parcel BOlndary
I 0120 I Lot nurrber
Owner Information
peN: 08434532010020030
Name: BOYNTON BEACH CITY OF
Location: sw 23RD AVE
Mailing: PO BOX 310
BOYNTON BEACH FL 33425
0310
2005 Preliminary Assessment
Market Value: $32.000
Assessed Value: $32.000
Exempt Amnt: $0
Taxable: $32.000
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date .Price
Jan-1974
Palm Beach County Property Map
Map Scale 1 :903
Map produced on 5/1/2006 from PAPA
http://www.pbcgov.comlpapa
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The sale 0( property is for public purpose Pursuant to an agreement entered into between the
City of Boynton Beach and Karen M. Main. Further information, as is available, may be obtained
from Community Improvement in the West Wing of City Hall, located at 100 E. Boynton Beach
BlVd., Boynton BeaCh, FL 33435. The City CommiSSion of the City of Boynton Beach shall hold
a pUblic hearing on the propOSed sale at their regular City Commission meeting June 6, 2006 at
6:30 p.m. in Commission Chambers, City Hall. Contact OctaVia S. Sherrod at 742-6066.
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Boynton BeaCh, FlOrida has determined to sell the
fOllOWing described property:
Lot 3, less 1-95 right of way, BlOCk 2, FOREST HILLS, as recorded in Plat BOOk
25, Page 57, aCCording to the PUblic Reccrds of Palm Beach COunty, FlOrida.
The above agenda item has been PostPoned from the meeting of
JUNE 6, 2006
And will be heard at the next Scheduled meeting of
JUNE 20, 2006
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN
7 THE CITY OF BOYNTON BEACH AND KAREN MAIN,
8 A PARTICIPANT IN THE CITY'S SHIP
9 CONSTRUCTION PROGRAM; AND PROVIDING AN
10 EFFECTIVE DATE.
II
12 WHEREAS, Karen Main has been approved for a mortgage from a local lender as a
I3 participant in the City's SHIP Construction Program, and has selected a City owned lot to
14 build a single-family dwelling to reside in Boynton Beach; and
15 WHEREAS, a new single-family dwelling will be added to a neighborhood located
16 within the City's target area; and
17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to execute a Special Warranty Deed
19 between the City of Boynton Beach and Karen Main conveying title for the lot described as
20 follows:
21 Lot 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as recorded
22 in Plat Book 25, Page 57, according to the Public Records of Palm
23 Beach County, Florida.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
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
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:ICA \RESO\Real EstatelReso for Special Warranty Deed. Karen Main.doc
hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
2 II Warranty Deed to Karen Main.
Section 3.
This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of June, 2006.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor ~ Jerry Taylor
10
11
12 Vice Mayor - Carl McKoy
13
14
15 Commissioner - Robert Ensler
16
17
18 Commissioner - Mack McCray
19
20
21 Commissioner -- Muir C. Ferguson
22
23 ATTEST:
24
25
26
27 City Clerk
28
29 (Corporate Seal)
S:\CA \RESO\Real Estatc\Reso for Special Warranty Deed. Karen Main.doc
THIS INSTRUMENT WAS PREPARED BY:
JAMES A. CHEROF, ESQUIRE
P.O. Box 310
Boynton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this
day of June, 2006, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and Karen Main, a single woman, whose address is
Florida
(hereinafter referred to as "Grantee").
WITNESETH:
That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
Florida, to wit:
Lot 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as
recorded in Plat Book 25, Page 57, according to the Public
Records of Palm Beach County, Florida.
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
lawful claims of all persons claiming by, through or under Grantor, but against none other.
S:\CA\Departments\Community Redev\Special Deed .Karen Main.doc
Page 1
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written.
Signed, sealed and delivered
In our presence:
Witnesses:
CITY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
Signature
Attest:
(Type or print name)
(City Seal)
City Clerk
Signature
Approved as to Form:
(Type or print name)
City Attorney
ST ATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of June, 2006, by
Jerry Taylor, as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, on behalf of the corporation, who is personally known to me, and who did not take
an oath.
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S:\CA\Departments\Community Redev\Special Deed .Karen Main.doc
Page 2
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACE ITEM C.4
AGENDA ITEM REQUEST FOklVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 jNoon)
0 April ] 8, 2006 April 3, 2006 (Noon) rg] June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April] 7, 2006 (Noon) 0 July 5, 2006 June ]9,2006 (Noon)
0 May ]6,2006 May 1,2006 (Noon) 0 July ] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF rg] 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: Please place this request on the June 20,2006 City Commission Agenda under Consent
Agenda, as a resolution to consider th~ request from Sprint Spectrum for a revised agreement that assigns ground lease
interest and obligations to Global Signal, Inc. and for a certificate of estoppel (Ground lease for telecommunications tower at
Ezell Hester Park). Staff recommends that this request be approved thereby allowing Global Signal, Inc., to essentially
replace Sprint as the tenant for the subject ground lease. For further infonnation on the request, please refer to the
accompanying correspondence from Global Signal, and the ground lease agreement/estoppel certificate. Staff has reviewed
the estoppel certificate and ground lease agreement, and recommends that the corresponding resolution be approved thereby
approving the subject request.
EXPLANATION: Property for a telecommunications tower site has been leased by Sprint Spectrum at the Ezell
Hester Park since 2001. The lease agreement, in part, establishes the annual fee for the property including inflationary
increases, ensures that the lessee properly maintains the improvements, and requires the tenant to obtain city approval for
collocations, tower modifications and assignments. Through an agreement between Sprint and Global Signal, Global Signal
is assuming tower management responsibilities and will leaseback to Sprint tower space to maintain existing
telecommunications antennae and equipment. Similar amendments were approved to the ground leases for towers at the
Water Storage Tank site on Miner Road, and at the Public Works property on NE 9th Avenue, by Resolutions 05-110 and 05-
111, respectfully, in June of2005.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
N/A
N/A
N/A
i~
~nag.,;, sj~,
ML.
Planning and Zoning ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Ezell Hester Sprint-Nextel MMSP 05-099\Agenda Item Request Telecom Towers for Hester
Park Ball Field 6-6-06.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOI"UTION NO. R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING EXECUTION OF AN AGREEMENT
7 REGARDING GROUND LEASE BETWEEN THE
8 CITY OF BOYNTON BEACH AND SPRINT
9 SPECTRUM, L.P., CONSENTING TO THE
10 ASSIGNMENT OF A GROUND LEASE INTEREST
11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC.,
12 FOR THE TELECOMMUNICATIONS TOWER
13 LOCATED AT EZELL HESTER PARK AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, property for a telecommunications tower site has been leased by Sprint
17 Spectrum since, June 5, 200 I, which Lease agreement establishes the annual fee for the
18 property including inflationary increases, and ensures that the lessee properly maintains the
19 improvements located at the Ezell Hester Park; and
20 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to
21 Global Signal, Inc., and for certificate of estopple; and
22 WHEREAS, staff has reviewed the request and recommends that the City consent to
23 the request thereby allowing Global Signal, Inc., to assume tower management responsibilities
24 and will leaseback the Sprint tower space to maintain existing telecommunications antennae
25 and equipment.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31
Section 2.
The City Commission of the City of Boynton Beach, Florida does
32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of
33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease
34 interest and obligations to Global Signal, Inc., and for certificate of estopple for the
S:\CA\RESOlAgreemenls\Sprint Assign to Global (Ezell Hester Park).doc
telecommunications tower located at Ezell Hester Park in Boynton Beach, a copy of which is
2 attached hereto as Exhibit "A".
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Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
City Clerk
(Corporate Seal)
S:ICAIRESOlAgreementslSprint Assign to Global (Ezell Hester Park).doc
Recording requested by
and when recorded
return to:
Global Signallnc.
301 North Cattleman Road
Suite 300
Sarasota, FL 34232
Attn: General Counsel
AGREEMENT REGARDING GROUND LEASE
TillS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is
made as of , 2006, between the party identified as "Landlord" on the signature page
hereof ("Landlord") and SPRINT SPECTRUM REALTY COMPANY, L.P., a Delaware limited
partnership ("Tenant").
RE~IIALS:
A. Landlord and Tenant are now parties to that certain PCS SITE
AGREEMENT dated June 5, 2001, as memorialized by the MEMORANDUM OF PCS SITE
AGREEMENT recorded in OR Book 12752, Pages 1273-1281 in the Public Records of Palm
Beach County, Florida, a copy of which is annexed hereto as Exhibit A (the "Lease"), covering
certain real property more particularly described on Exhibit A attached hereto (the "Property");
B. Pursuant to an agreement dated February 14,2005 by and among Tenant,
certain subsidiaries of Tenant and Global Signal, Inc., the Lease and the property related thereto
(the "Premises") will be assigned to an affiliate of Tenant ("Tenant Affiliate"); and, after such
assignment, the references to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease"), Tenant Affiliate will sublease its
entire interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain
prepaid consideration and Subtenant will then leaseback to Tenant (and/or one or more of its
affiliates) the portion of the leased premises on which Tenant's telecommunications equipment is
currently located in exchange for certain ongoing payments (collectively, the "Lease and Lease
Back Transactions");
D. Certain lenders (each, together with their successors and assigns, a
"Lender") may make a loan to Subtenant or certain of its affiliates secured by a mortgage or
other security instrument encumbering Subtenant's interest in the Sublease; and
For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
MI54XC083 BOYNTON BEACH
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the assignment of the Lease from the original tenant under the Lease (an affiliate of
Tenant) to Tenant (b) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly,
of Tenant's interest in the Lease, (c) to the Sublease (and the recording of a memorandum of the
Sublease) and (d) to the Lease and Lease Back Transaction.
2. Estoppel Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as ofthe date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all
amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the
entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner
of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the
person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's
signature is required to bind Landlord.
(b) No default exists under the Lease on the part of Tenant, and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
(a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the
right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld,
conditioned or delayed.
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall
be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a
cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults.
For non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default.
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
2
MI54XC083 BOYNTON BEACH
4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shal1 constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
financial terms redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in wntmg and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shal1 have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shal1 control.
(b) This Agreement shal1 be binding upon Landlord and its successors and shall benefit each of
Lender and Subtenant and their respective successors and assigns.
(c) This Agreement may not be amended or modified except by a written agreement executed by
Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate
counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
MI54XC083 BOYNTON BEACH
TENANT
IN WITNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instrument as its true act and deed.
SPRINT SPECTRUM REALTY COMPANY,
L.P.,
a Delaware limited partnership
By:
Name:
Title:
MI54XC083 BOYNTON BEACH
LANDLORD
IN WITNESS WHEREOF, the undersigned. by its duly elected officer(s) and pursuant to proper
authority of its board of directors has duly executed, acknowledged and delivered this instrument as its
true act and deed.
CITY OF BOYNTON BEACH
By: __,_",
Name:
Title:
Ml54XC083 BOYNTON BEACH
EXHIBIT A
Lease and Legal Description
(see attached)
MI54XC083 BOYNTON BEACH
pes SITE AGREEMENT
,
ROI-:AOD
.
Site Name BOYNTON BEACH-iHESTER PARK BAlL FIBD)
Address: 1901 Seacrest Blvd.. Boynton Beach, FL 334211
April 99
Site L D. MI 54XC083
1. Premises and Use. Owner, CITY OF BOYNTON BEACH, leases to Sprint Spectrum LP., 8 Delaware limited partnership rSSlp"), the sile
described below:
(ChecJc appropriate box(es)l
I:!a Land consisting of appnx>dmately 30' x60' square feet upon which SSlP wiD oonstNct its equlpment base station and antenna structure;
l'8I Space required 'or c:abIe Nns to connect PCS equipment and antennas,
in the Iocation(s) ("Site") shown on Exhibit A-1 (legal descriptionl. and ExI1ibit A-2 (drawings prepared by ARCADIS, GERAGHTY & MIUER and,
whleh &tlaII be replaced In the future with final Owner approwd constnJcllon Dr as-buIIt drawings), together with a non-exc/uSIYe easement for
reasonable access thereto and to the appropriate, In the discretion c:A SSlP, source of electric and leIepIlone 'acllitIes. The Site wiD be used by SSLP
'or the purpose of InstaIlng. removing, replacing, modifying. malrUlnlng and operating, at its 1llCpeI'1$e, a personal comnuicatlonS service system
facilly rpCS"), lneIudlng, wIIhout limitation, a monopole, antema equipment, cable wiring, back-up power 8OUl'ce5 (Including generators and fuel
storage tanks), re/ated fbdures and, If applic:able to the Site, an antema structure. SSLP will use the Site in a mamer which will not unreasonably disturb
the occupancy of Owner's other tenants. SSLP wID have access to the Site 24 hours per day, 7 days per week.
2. Tenn. The term or this Agreement (the "Initial Term") is 5 years, eommencIng on the date ("Commencement Date") both SSLP and OWner have
executed this Agreement This Agreement will be automatiCaII)' renewed for four addlllon8l tenm (each a "Renewal Term") of 5 years each, unJess
SSLP prcMdes OWner notice of IntenllOn not to renew not less than 90 days prior to the expiration or ttle Inftlal Term or any Renewal Term.
3. Rent. Upon execution of this Agreemeri (hereinafter referred to as the "commencement Date"), SSlP will pay Owner a one-tIme aggregate
payment of One Hundred DoIIan1 ($100.00), the receipt of which owner acknowledges. Thereafter, on the date or lI1e issuance of a bulking permit,
SSlP shall pay Owner the amount or EIght Hundred and Twenty Sill DoIars ($826.00) as a 0I'lIHlme 'ee for connection to OWner's irrlgaIIon system 'or
the purpose of providing In1ga!Ion to the landscaping to be Installed by SSLP as required by wry development order issued 'or the Site. On the date that
Is sbcty (60) dayS after the IssUance of a certificate c:A completion, the entire amount of rent 'or the initial five (5) year period shall be paid , to the Owner
in the BJT1OU'l\ c:A One Hundred Brld Ten Thousand Dollars ($t10,ooo.00). Upon the expinIlIon c:A the InIlIaI five (5) year term, rent wID be paid In advanCe
for eech subsequent frve (5) year renewal term,
FoIowIng the teJmInalion of the initial five (5) year term, the nri due Ilereunder will be Increased and paid on each frve (5) year anniversary of the
Commellcement Date. to an amount equal to the greater of either: (a) !he amount c:A the rer4 payable during ttle preceding five (5) year lerm Increased
by fifteen percent (15'1(,) per l'fVe (5) year term, or (b) the percentage change In the CPI commencing on !he first day 0' the Il'1<ri1 whleh Is two calendar
monthS prior 10 the Commet w::ement Dale and endklg on the last day or the month which Is two calendar montlls prior 10 the 8lCpiratIon or the Ihen
current five (5) year term. "CPI" means the eonsumer Price Index-U.S. CIty Averages 'or Urban Wage Earners and Clerical Workers (1982-64=100)
published by the United Slates DepartmenI of Labor, Bureau of Labor SIatisUcs (or a reasonably equlvalenllndex If such Index Is dIscmtInued). In no
event wID the amount c:A the five (5) year periodic InstalImenI of rent due under tills Agreement, following such adjustment, be less lhan the amount of the
/nst.aIImef1f during the precedlng five (5) year tenn.
4. TitJe and Quiet possession. Owner represents Brld agrees (a) tI1at it Is the Owner or !tie Site; (b) that It has the right to enter Into this Agreement;
(e) that the peI1lOI1 signing this Agreement has the authority to sign; (eI) tI1at SSLP Is ertitled to lJCCes8 to the Site at all times and to the quiet ~S1 ~Io.,
c:A Ihe Site througlloUt the Initial Term and each Renewal Term so long as SSLP is noIln default beyond tile expiration of arty cure pertod; end (e) that
Owner shaI not haw unsupervised access to the Site or to the PCS equipment.
5. AssIgnment/Subletting. SSLP I1a8 the right to sublet or assign its rights under this Agreement to a third party te/eCOmlJlUnIcationS faclliIy user(s),
provided hc;Iw8ver that any such assignment. sublease, or co-Iocation agreement shall be subject 10 the approval of a ground lease betWeen OWner and
the lt1Ird party telec:ornmUnlcatlons faemly user. PrIor consent or the OWner shaD not be required for a tt1ird party user(s) who ccHoc8les on the
rnonopoIeItelecommunlcatlons tower but who does not occupy gRlUnd space, however OWner shaD be notified 0' any addiIlonaIlt1Ird party users who co-
locate on the monopoIeAelecommlalicallons tower. Owner shaD be entitled to receive one I1undred percent (100'l(,) of the rent derived frcm aI'1f ground
lease between Owner and !tie third party t~ facility user, provided tlcweYer that owner shall not share or otherwise be entitled to
recetYe any rent, revenues, payments, compensallon or monies received anellor derived from the sublease, assignment or c;o.locatlon agreement
between SSLP and the third party telecornrnunlcal facility user(s) for space on the rnonopoIeJteIecicationS tower leased to eny such third
party by SSLP. Ant assignment, sublease Qr co-IocatIon agreement 'or aD or a pcxtlon of the Site by SSlP, shall require the prior consent c:A OWner,
which consent shaI not be ulYeasonably wiIIlheId, cIeIayed or CXlI\diIioIled; provided however, SSlP &hall have the right to sublease or assigl its rights
under this Agreement to any of Its subslclaries, affiliates, or SlICCeSS"" legal enIltles, or to any entity acquiring substantially aU 0' the assets of SSLP,
withoUt the consent of Owner, however OWner shatI be provided wih notice upon the occurrence of any such assignment or sublease.
6. NotIceS. All noIIee& must be In writing and are effective only when deposIIed in the U.S. mal, certified and postage prepaid, or when sent YIa
overnlg1t delivery. NolIceS to SSlP are to be sent to: SpMt PCS lease Management, 1357 Hembree Road, Suite 100, Roswell, GA 30076, with a copy
to SprInt Law Depaltment. Attention: Sprint pes Real Estate Attorney, 6391 Sprirt Par1IWay, Mailstop: KSOPHT0101-Z2020. Qver1and Park, KS 66251-
2020. Notices to OWner must be sent to the address shown laldemealh Qwne(s signature.
7. ImprOvements. SSlP may, at its expense, maIcII sucI1 mprovements on the sn. as it deemS necessary from time to time 'or the operation c:A the
pes system. subject to the ftU'llcIpaI code and applicable state and federal laws. Owner agrees to ~e with SSlP with respect to obIaInIng IJ1I"f
required zoning approvals 'or the Site and such tmprovernents. Upon temlillatloh or expirBIIon c:A this Agreement, SSLP shall remove its equipment and
improvernenIs and will restore the Site to substan!iaDy the condition elClsting on the Commellcement Dale, except for ordinary wear and tear and
casualty loss.
8. C~ with laWS. Owner repret'>enls that Owne(s property (including the Site), and all improvements located thereon, are In subslanllal
compliance with building, life/sa'ety, disability and other Jaws, codes and regulations of applicable govemmentaI authoritieS. SSlP wID r;lbstantiaIy
comply wtlh all applicable laws relating to its possession and use of the Site.
9. Interference. SSLP will resolve technical Interference probIr:mS with other equipment Ioc;ated at the Site on the Cornrnenc;emeI1 Date or any
equlpment that becomeS attacIled to the Site at ~ future date when SSLP desires to add additional equipment to the Site. likewise, Owner wID not
perml or suffer the installallon c:A any future equipment which (a) results In technical Interference problems wllh SSlP's then existing equipment or (b)
encroaches orio the Site.
10. Utilities. SSlP sllal verify In advance that uIIities adequate for SSLP's use of the Site are available. SSLP may ilsIaIl or irnpn:rYe existing utilities
seMclng the Site if necessary to SSlP's uae c:A the Site. SSlP wit pay for all utilities used by SSLP at the Site. In ttle event a sub meter 'or water
cannot be obtained, Owner will inYo\ce SSlP on an annuaJ basiS for water provided by Owner used to inigale the Site. Owner wll coopel8te with SSLP
In SSlP's efforts to obtain a sub meter for I!Irf utilities tram any location provided by Owner or the servicing utility, including signing any easement or
other inslrUmenl reasonably required by the utllty company.
'-..
9*'11
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11. Tennlnatlon. SSLP may lem1inate this Agreement at My tme by notice to Owner without ;]Iliabllily if SSLP does not obtain all permits or
other approvals (coIleetive1y, oappruval") required from any govemmentaI authority or any easements required from arry third party to operate the PCS
system, or If any such aPPfO'lill is canceled, ellPires or Is withdrawn or termirwted, or If Owner fails to have proper ownership 01 the Site or euthority to
enter Into this Agreement, or if SSLP, in Ita sole discretion, determines based upon changes or acMn:ement8 In technology since the IM1e 01 the
Commencemen Date that the further use 01 the SIte for lis intended purpose by SSLP Is Impractlc:al, ineftIcIeIll or otherwise unfeasible for Its Intended
purpose. Upon tennination, all prepaid rent will be retained by OWner lRess such termination is due to Owner's falure of proper ownership or authority,
or such termlnatlon is a result 01 Owner'a def1wIl
12. DefauJt. If either party Is In default under this Agreement for a perfod 01 (a) 15 days following receipt 01 notice from the non-defauItIng party with
resped to B default which may be cured solely by the peyment 01 money, or (b) 30 days following receipt 01 notice from the non-defauItIng party with
resped to a default whictl may not be cured solely by the peyment 01 money. then, In eIIher event, the non-defaultlng party may pursue any remedies
IMIiIlIble to It against the defaulting party under applicable laW, Including, bUt not IImiIed to, the ~ to terminate this Agrftment. If the non-monebuy
default may not reasonably be cured within a JO.day period, this Agreement may not be terminated If the defaulting party commences 8Ction to cure the
default within such JO..day period end proceeds with due d11gence to fuIy an the default.
13. Indemnity. Owner end SSLP each IncIefmIfles the other against and holds the other harmless from any end all costs (Including reasonable
DIIomey8' fees) and claims of DablIty or loss which arIlle out 01 the ownership, use andfor occupency of the SIte by the indemnifying party. ThIs
IndemnIly does not apply to any c:IeIrns arising from the sole negligence or Intentional mJscondud 01 the Indemntfied party. The indemnity obIIgallons
under this paragrapn will survtve termination 01 this Agreement.
..... Hazardous Substances. Owner rep'eaenl8 that It has no knowledge 01 any subsblnce, chemical or waste (coIIectIYeIy, oaub5tancej on the Site
that Is IcIentIfled as hazardous, toxic or dangerous In any applicable federal, state or Joc:aI law or regullJtion. SSLP will not introduce or use any such
substance on the SIIe in violation 01 any applkable law.
11. Taxe.. SSLP will be responsible for payment of al personal pt'Operty taxes assrned cIredIy upon and arising solely from lis use 01 the
corrml.l1lca11ons faclllty on the SIte. SSLP will pay to Owner any Increase In real property lIlxes attrlbutable solely to any Improvements to the Site made
by SSLP wiD*I 60 days after receipt of satisfactory doc"neutallon indicating calclllatlon 01 SSLP'a share 01 such real estate taxes and payment 01 the
real estate taxes by Owner. Owner will pay when due aI other real estate talaIs and assessmenIs attribulabIe to the property of Owner of wtich the SIte
Ie a part.
1.. Insur_. SSLP will procun! and maintain COIlllllelcial generaJ IIabGity Insurance, with ~Its 01 not less than $1,000,000 combined single limit per
oc:currenc:e for bodily Injury and property damage liabiiity, with a certifIcat8 of Insurance to be furnished to Owner within 30 days of written request. Such
polley wIIJ pnMde that cancellation will not occur wlhol.A at least '5 daya prtor wrttten naace to OWner. Owner 8h8I\ be named 8$ an lIddIIonallMUred
..lis Interesta may appear with respect to the required COYerage and the operatiollS of SSLP .-IeI'this Agreement.
17. Maintenance. SSLP wID be responsible for repairing and maintaining the PCS system and any other bnpn:NementS Installed by SSLP at the SIe In
a proper operating and reasonably safe condIIIon, including malrtenance to the Site IhIlIt may be required due to the ectB 01 vandalism; pn:NIcIed,
how8\Ier If My such repair or malntenance Ie requred due to the ectB of Owner, lis agents or empIo)tees, Owner shaI r9nburse SSLP for the
~ costs inCUITed by SSLP to restore the damaged area to the condition which existed Immediately prior thereto. Owner wID maintain and
repair all other portionS of the property of Whk:h the SIte Is a part In a proper operaIIng and reasonably safe c:onditIon..
11. MlsceII8neou.. (a) ThIs Agreement epplIes to and bIncIlI the heirs, $l1CC8S8Ol'B, 1I'll8CUtonl, adm~ti8bdlo.s and assigns 01 the parties to this
Agreement; (b) this Agreement Is governed by the laws 01 the state In which the SIte Is located; (c) If requested by SSLP, OWner agrees promplIy to
execute and deliver to SSLP a recordable Memorandum of this Agreement In the form of exhibit B; (d) this Agreement (lncIudIng the ExhIbits)
conatilUtas the entI18 agreement between the parties and supersedes ell prior WIllen and Ye1b8I l!lgreernellts, represelltatlona, promises or
under&tandIngs between the parties. ANt IFllendmenta to this Agreement rlMlt be In writing and ~ by bciti'l parties; <e) If any prcMslm 01 this
Agreement Is InYaDd or unenforc:eabht with respect to any party, the remainder of this Ag1llement or the application of such provision to persons other
than those as to whom it is held invalid or unenforceeble, will not be affected and each pnMslon of this Agreement wID be valid and enforceable to the
fuDest eldent permitted by law; and (f) the prevailing party In any action or proceeding In c:ourt or nMuilDy agreed upon 8IbItratIon proceeding to enfon:e
the terms 01 this A9feernent is enIIlIed to receIY8 Ita reasonable attorneys' fees end ather reasonable enfol cement costs and I!!lCpenS8S from the non-
pnwBIlng party.
ZOo Non-BIndIng Untl Fully Executed. ThIs Agreement Is for dIseussIon purposes only and does not constItUt8 a formal offer by either party. Tllls
Agreement Ie not and shall not be binding on either party until and l.I1Iesa It Is fully exec:uted by both parties.
The following ElchIbIfa are attached to and made a part 0I1his Agreement: Exhibits A-1 (Legal Description), A-Z (Drawings prepared by ARCADIS,
GERAGHTY & MILLER), and B (Memorandum of Lease) .
OWNER: CITY OF BOYNTON BEACH
... ,41 t--
Ita: Mavor
S.SlTax No.:
Address: _ P.O. Box 310 BOYnton Beach. FL 33425-0310
Oate: fa-,5';O'
Sprint Spectrum L.P.
.{L~1r.~
BT-~
n::E'SftfT~7flpJ -... ""___'_,_.'un ....- "n_ '_'_"hn.
---.:.
Attach Exhibit A - Site Desctipticn IRI EJd1ibit B - Memorandum 01 PCS Site Agreement
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EXHIBIT A
,
.
sne Name: Boynton Beach (Hesler Partt BaD FIekl) pes Site Agreement
sne Address: 1&01 Seauest Blvd.. Boynton Beach, FL >>426
April..
SltelD: MJ54XC083
Site Description
Site situated in the City of Boynton Beach, County of Palm Beach, State of Florida, commonly described as follows:
Legal Description:
Sketch of Site:
SSLP Initials
Owner Initials
Note: OWner and SSlP may, at SS 's option, replace this Exhibit with an exhibit setting forth the Iega/ descrlption of the property on which the SIle Is
IocIIted andfor an a&WIt dnIwlng depicting the SIle.
1Use this Exhibit A for PCS Site Agreement, MemorandUm of PCS SIIe Agreemenl, Option Agreement and MemorandUm of Option Agreement.]
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This iilStrument prepared by:
Karen E. Rose/fi
KAREN E. ROSELLI P.A.
222 Lakeview Avenue, Suite 260
West Palm Beach, FL 33401
.
.
Return this instrument to:
Karen E. Roselli
KAREN E. ROSELLI P A
222 Lakeview Avenue, Suite 260
West Palm Beach, FL 33401
Do not write above this line . this space reserved for recorcflng purposes
EXHIBIT B
April II
Site Name: Boynton Beach (Hester Parle 8lIJI FIeld) PCS Site Agreement
Site Address: 1901 Seacrest Btvd... Boynton Beech. Fl33425
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated ~ ll~ S , 2001,
between THE CITY OF BOYNTON BEACH ("OWner") and Sprint Spectrum L.P., a Delaware limited partnership rSSlP-).
Site ID: MI54XC083
Such Agreement provides in part that OWner leases to SSLP a certain site ("Site") located at 1901 Seacrest Blvd., Boynton Beach, Fl
33425, City of 8oynIon Beach, County of Palm Beach, state d Florida, within the property of Owner which is described In Exhibit A attached
hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years
commencing on Jl.Lt\e. !!) . 2001, which term is subject to four (4) additional five (5) year extension periods by SSLP.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"OWNER"
"SSLP"
:~~B~i ~
Name: ~d. F" tsroe.ni.na
TItle: _~ )
Address: PO Bale 310 Bovnton Beach. Fl33425-0310
Sprint Spectrum LP" a Delaware limited partnership
----~
By ~~~~h_'_
Na~ames W. Greene'
TItle: Director. South East Reaion
Address: 1357 Hembree. Suite 100
Roswell. Georqla 30076
WItnesses as to OWner:
"/71~~
~.P~~~ S~
Printed Name: e- L r S
OWNER NOTARY BlOCK:
.
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The forego~ instrument was acknowledged before me this I If ~ day of :J t( n e.-.
o by b0t.aJd__ grDe hi!) . 0 by -' as
of . unicipal corporation, on ~ehalf of the mun~al.59JP....95a~on.
_~.L/JIV-1A- ~,r
(AFFI (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBUG-STA TE OF F I or,'c./ Q.
.2001,
My comrrissOO~: (),/rJ. flo~
r
SuSAN COLLI NS
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER: CC 9/36.-30
SSLP NOTARY BLOCK:
~11-
FulIbt
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
.:::r(i,\tY\LL~ W. E) ( ~ D AI\. Q./
~l day 01 ~ ,2001,"
S [, G2.R (~iO~ - (I' e.c sb" of
Sprint Spectrum LP., a Delaware limited partnership, who executed the foregoing Instrument on behalf of such corporation.
~1J.Ua.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARYSIGNATURE)/l ~ '-' .
NOTARYP~}J~T9EOF ~
av{/Jt)~
fi,ntJL (}) - ~. aJ/'-
(pRINTED, TYPED OR STAMPED NAMe(OF NOTARY)
-
My cOmmission ~:
10/172-( ~
~J;
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. ,
~ "T: in~ment prepared by:
. Karen E. RoselU
KAREN E. ROSELLI P A.
222 Lakeview Avenue, SUite 260
West Palm Beach. FL 3340 1
e
A Ro,-~oo
Jul-24-~ e9:S8a. 01-314798
ORB 12752 PQ 1273
JJBlIIIIIJR lID IJ 8111111I11118. 8.'/IIf
Return this instrument to:
~ Mike Christiansen
~=j' Ma triana & Christiansen PA
~~~~v~~ F1500 LN. Fdederal Highway~ Suite 200
~~~~ I. ort au erdale, FL 3Jj04
V
Do not write above this line - this space reserved for recording purposes
~
April"
Site Name: Boynton Beach (Hester Part! BaD Field. Pes Site Agreement
Site Address: 1901 Be.crest Blvd., Boynton Beach, FL ::3425
SIt.ID: MI64XC083
Memorandum of pes Site Agreement
This memorandum evidences thai a lease was made and entered into by written pes Site Agreement dated June. S; . 2001,
between THE CITY OF BOYNTON BEACH ("Owner"') and Sprint Spectrum LP., a Delaware limited partnership ("SSLP.).
Such Agreement provides in part Ihat Owner leases to SSLP a certain site (.Site.) located a11901 Seacrest Blvd., Boynton Beach, FL
33425, City of Boynton Beach, COlI'1ty of Pam Beach, State of FIcrida, within the property of Owner which Is described in Exhibit A attached
hereto, with grant of ~sement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years
commencing On ...Ju.ne. S" .2001, which term is subject to four (4) additional five (5) year extension periOds by SSLP.
"OWNER"
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"SSLP"
:"d~7J7 d- :
Name: aera..\d. {Sf oe.l\i n4,
TItle: H A.~~r J
Address: P.O OK 316 B 10
Attac:h Emiblt A - Site Oacriptlon
ClibPDF - www.fastio.com
Sprint Spectrum L.P., a Delaware limited partnership
__ By: ~~~~<--
NarV':ames W. Greene
Title: Director. South East Reoion
Address: 1357 Hembree. Suite 100
Roswel. GeorGia 30076
. .
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ORB _7KEi ~LERK PB ctlUKTY. FL
DOROTHY Il ~ ~ J ~ J I ;;;
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Date Final For11l Must be 1umed Requested City Commission Date Final for11l Must be 1umed
Requested City Commission ~
~ ~ ~
0 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
APril 4,2006
0 April 3,2006 (Noon) Q1 June 20, 2006 June 5,2006 (Noon)
APril 18,2006
0 APril \7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
May 2, 2006
0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
VI. _CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA I1'EM REQUEST FORM
0 Administrative 0 Development plans
NATURE OF Q1 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:
Appro," ReW1utio. No. 06- _ to .utbori.. .be City M...ger ..d City Clerk to exeeute .. .greeme.t betwe.D tb.
City of Boy.to. Be.eb ..d tbe Tow. of HypoluXO to sb.re tb. pureb'se eost ..d .se of a. emerge.ey ge.era.or .t a
City Lift Station.
EXPLANATION:
Tbe subj.d agre.m..t will .now tb' Tow. of HypoluXO ..d tb. City of Boyutou Beaeb to eaeb eo.tr'but. 50% of th<
pureb." prke of . .ew eme.-g..ey ge.era.or tb.t will be perm....tly i.st.ned at .b. City's lift st.tio. .0. 209, aud
si..d '0 operate tbe lift s..tio. ..d portio.s oftbe .dj.ee.t HypoluXO Town H.n duri.g power outage eme.-ge.eies.
Tbe speeifie sizi.g ..d cost of tbe ge.er..or win b. reBeeted i. . request for pureb.se .geud' item, to be brougb' to
the City Commission at a later date.
Tbe City witl pureb.se, i.st.n .ud mai.ta'. tbe ge.erator, wbere.S tbe Tow. will reimburse tbe City for its sb.re of
.be pureba" priee, plus be.r tbe .dditio..1 cost to iustan tb. .eeessary eleetrie.1 eo..eetious to .be ToW. H.n.
PROGRAM IMP ACT:
Tbis agreeme.t win .now eost-sb.ri.g, ..d .be iust.n.tio. of a. .dditiou.1 ge.erator for use duri.g power out.ge
emergencies.
FISCAL IMP ACT:
Tbe uet cost to tbe City is eurre.tly estim.ted.t St5,OOO, yieldi.g' poteuti.1 s.vi.'" of .pproxim.tely S15,OOO d.e"
the 50% cost-sharing with the Town.
AL TERN A TlVES:
Couti.ue to funy fuud .n eme.-ge.ey geuer......' witbout ."ist..ee from tbe Towu.
S:\BULLElIN\FORMS\AGENDA HEM REQUES1 FoRM.DOC
~Lf5.t
,~~J:d~
'ON V
ClTY OF BOYNTON BEACR
AGENDA ITEM REQUEST FORM
Depanment Head's Signature
~.. - ===-- (L
- ~~'
-----
Depanment Name
xc:
(K,e, M,zzelJ, (w. COpy of'f/oehmefl/s)
Barbara Conboy "
Finance Dept.
Michael Low
File
:TTN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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 TOWN OF HYPOLUXO TO SHARE
9 THE PURCHASE COST AND USE OF AN EMERGENCY
10 GENERATOR AT A CITY LIFf STATION AND
11 AUTHORIZING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE SAID AGREEMENT; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, the Interlocal Agreement with the Town of Hypoluxo will allow both
17 municipalities to each contribute 50% of the purchase price of a new emergency generator that
18 will be permanently installed at the City's lift station No. 209; and
19 WHEREAS, the generator will be sized to operate the lift station and portions of the
20 adjacent Hypoluxo Town Hall during power outage emergencies; and
21 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
22 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
23 the Interlocal Agreement with the Town of Hypoluxo for sharing the purchase cost and use of
24 an emergency generator to be installed at a City lift station.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
30 approves and authorizes the City Manager and City Clerk to execute the Interlocal Agreement
S:\CA \RESO\Agreements\Interlocals\ILA with Hypoluxo (Emergency Generator).doc
between the City of Boynton Beach and the Town of Hypoluxo for sharing the purchase cost
2 and use of an emergency generator to be installed at a City lift station, a copy of said
3 Agreement is attached hereto as Exhibit "A".
4
Section 3.
That this Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this ~ day of June, 2006.
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31
32 City Clerk
33
34
35 (Corporate Seal)
36
37
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA \RESO\Agreements\Interlocals\ILA with Hypoluxo (Emergency Generator).doc
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO PROVIDING
FOR
THE PURCHASE AND USE OF GENERA TOR
THIS AGREEMENT is made by and between the City of Boynton Beach, a Florida
municipal corporation ("Boynton Beach"), and the Town of Hypoluxo, a Florida municipal
corporation ("Hypoluxo"),
WIT N E SSE T H:
NOW, THEREFORE, in return for the payment of good and valuable consideration, and
the mutual promises and covenants contained herein, the parties hereto agree as follows:
ARTICLE I.
BACKGROUND, PURPOSE, INTENT AND DEFINITIONS
1.1 It is the intent of the parties and the purpose of this Agreement for the municipalities
described above to cooperate and provide for a means by which each municipality may
exercise its powers, privileges and authority in common and jointly, in order to further a
common goal, all pursuant to Section 163.01, Florida Statutes.
1.2 The respective governing bodies of each of the municipalities named herein have found that
mutual cooperation with respect to the provision of generators can best be accomplished
within a cooperative, interlocal undertaking.
+.3 Both of the municipalities described above are entering into this Agreement in order to
provide the Town with the use of a generator in the event of an emergency.
ARTICLE II.
OBLIGA TIONS AND RESPONSIBIL TIES
2.1 Boynton Beach shall purchase a generator of a sufficient size and power to operate the
Town's lights, air conditioning and some appliances at Hypoluxo's Town Hall.
2.2 Boynton Beach will purchase the generator, and Hypoluxo will provide Boynton Beach
with one-half of the purchase price upon the presentation of an invoice by Boynton Beach
2.3 The generator will be owned, maintained and operated by Boynton Beach.
2.4 Hypoluxo will be responsible for installing all electrical connections, interlocking safety
equipment, and wiring from the Boynton Beach lift station to Hypoluxo's facility, in
accordance with all applicable electrical code requirements
2.5 Boynton Beach will be responsible for installing the generator, facilitating all connections
to its lift station, and periodically testing the generator.
ARTICLE III
INDEMNIFICA TION
3.1 Each of the municipalities named in this Agreement shall be individually and separately
liable and responsible for the actions of its officers, agents and employees in the
performance of its respective obligations under this lnterlocal Agreement.
3.2 Each of the municipalities named in this Agreement shall be individually defend any
action or proceeding brought against its respective agency pursuant to this lnterlocal
Agreement and shall be individually responsible for all of its respective costs, attorney
fees, expenses and liabilities incurred as a result of any such claims, demands, suits,
actions, damages and causes of action, including the investigation or the defense thereof,
and from and against any orders, judgments or decrees which may be entered as a result
thereof, including appellate proceedings.
3.3 Each of the municipalities named in this Agreement agree that no indemnification or hold
harmless agreement shall be in effect concerning any claims, demands, damages and
causes of action which may be brought against either party pursuant to this lnterlocal
Agreement.
3.4 The parties shall each individually maintain throughout the term of this lnterlocal
Agreement any and all applicable insurance coverage required by Florida law for
governmental entities.
3.5 Notwithstanding the provisions contained herein, neither party waives its sovereign
immunity or any aspect thereof, nor any rights and privileges as provided in Section 768.28,
Florida Statutes.
ARTICLE IV
NO THIRD PARTY BENEFICIARY STATUS CREATED
4.1 By the execution of this Agreement, the municipalities named herein do not intend to create
third party beneficiary status in any other person or entity.
ARTICLE V
TERM OF AGREEMENT
5.1 This Agreement shall be deemed to be an evergreen agreement and renew from day-to-day,
unless otherwise terminated in accordance with the terms hereof.
ARTICLE VI
TERMINA TION
6.1 This Agreement shall terminate ten (10) years after the date on which the City of Boynton
Beach purchases the generator, or when the generator is no longer capable of being repaired,
whichever occurs later. Notice of termination shall be addressed to the party intended to
receive same pursuant to Section 8.3.
ARTICLE VII
RECORDATION
7.1 A copy of this Agreement shall be recorded with the Clerk of the Circuit Court of Palm
Beach County, Florida, in accordance with the provisions of Section 163.01(11), Florida
Statutes.
ARTICLE VIII
MISCELLANEOUS
8.1 WAIVER: No waiver by either party of any provision of this Agreement shall be deemed
to be a waiver of any other provisions hereof or of any subsequent breach by either party of
the same, or any other provision or the enforcement thereof.
8.2 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.
8.3 NOTICE: The delivery of any items and the giving of notice in compliance with the terms
of this Agreement shall be accomplished by making same, in writing, and by the delivery
thereof to the party intended to receive it or by mailing the same to the address of such
party. In the event such notice is made by mail, the same shall be given via U.S. mail,
Return Receipt Requested and, unless otherwise provided herein, notice or delivery by mail
shall be effective when mailed.
As to Boynton Beach:
City of Boynton Beach
Attn: Kurt Bressner, City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
As to Hypoluxo
Town ofHypoluxo
7580 South Federal Highway
Hypoluxo, FL 33462
Attention: Mayor
8.4 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.
8.5 SEVERABILITY: Should any word, phrase or provision hereof be declared illegal or
invalid by a court of competent jurisdiction, such declaration of illegality and/or invalidity
shall not affect the remainder hereof.
8.6 ENTIRE AGREEMENT; MODIFICATION: No statements, representations,
warranties, either written or oral, from whatever source arising, except as expressly stated in
this Agreement, shall have any legal validity between the parties or be binding upon any of
them. The parties acknowledge that this Agreement contains the entire understanding and
agreement of the parties. No modifications hereof shall be effective unless made in writing
and executed by the parties hereto with the same formalities as this Agreement is executed.
8.7 CAPTIONS AND PARAGRAPH HEADINGS: Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way define,
describe, extend or limit the scope and intent of this Agreement, nor the intent of any
provisions hereof.
8.8 JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the
parties, and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. It is the parties' further
intention that this Agreement be construed liberally to achieve its intent.
8.9 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set
forth below their respective signatures.
For Boynton Beach:
By:
Kurt Bressner, City Manager
ATTEST:
Date:
Janet Prainito, City Clerk
Approved as to form and legal
sufficiency:
OFFICE OF THE CITY ATTORNEY
For The Town of Hypoluxo:
By:
Kenneth Schultz, Mayor
ATTEST:
Date:
Barbara Searls Ross, Town Clerk
Approved as to form and legal
sufficiency:
Leonard G. Rubin, Town Attorney
CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, FL 33435
I' ;',
,-'
561-742-6400
FAX 561-742-6298
LETTER OF TRANSMITTAL
Date: June 5, 2006
TO: Judith Pyle
Deputy City Clerk
RE: Hypoluxo Generator Agreement
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Pages
3 copies
Description
Original Agreements signed by Hypoluxo' s Mayor
Remarks: Jud - These accom an the item for th
Thanks
Signature:
4-
Peter V. Mazzella
Copy to:
Peter Mazzella
City Attorney
File
(w/copy of attachments)
"
"
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, ON
VI.-CONSENT AGENDA
ITEM D
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 1.2006 (Noon)
o June 6, 2006
[8J June 20, 2006
o July 5, 2006
o July 18, 2006
May 15,2006 (Noon)
0 April 4, 2006
0 April 18. 2006
0 May 2, 2006
0 May 16, 2006
March 20, 2006 (Noon,)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17, 2006 (Noon)
June 19,2006 (Noon)
July 3, 2006 (Noon)
j--.,
F ,..i ~'.-.
--{, 1----.
NATURE OF
AGENDA ITEM
o Administrative
[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
r~....}
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RECOMMENDATION:
Authorize refund of cash surety deposit for the project known as Lester PUD, in the amount of $7,000, and issue
payment to Cascade Lakes Ltd.
EXPLANATION:
This surety was required to accommodate a field change in fire hydrant location during project construction, and was
intended to guarantee that the new location would be result in the hydrants being sufficiently protected from traffic
movements under normal usage.
PROGRAM IMPACT: None
FISCAL IMPACT: $7,000 from miscellaneous deposits account.
ALTERNATIVES: None, the system has operated satisfactorily over the warranty period, and has not suffered
damage" t '4~~
Die", Hood', S;gna.u"
Department Name
XC: Peter Mazzella (w. copy of attachments)
Barbara Conboy
Finance Dept.
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
(1 YJ11 /
RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please lssue a check In the amount $ 7,000.00 .
TO: Cascade Lakes Ltd.
7777 Glades Road
Suite 410
Boca Raton, FL 33434
FOR: Full release of cash surety for the project known as Lester PUD
Commission Approval 6-20-06 :
Requested By:
Peter Mazzella, Deputy Uti!. Director ~te:
May 16,2006
Approvals:
Div Head
~D~2 Sf
FUND DEPT BASIC ELE OBJ AMOUNT
401 0000 220 99 00 7,000.00
7,000.00
Finance Dept.
City Manager
1e/13/2e0~~5:31 5517425306
GUST SERV
CITY OF BOYNTON BEACH
OFFICE OF THE DIRECTOR OF UTILITIES
5469 W. Boynton Beach Blvd.
Boynton Beach, Fl 33437
561-742-6452
FAX 561-731.0065
LETTER OF TRANSMITTAL
Date:
May 30, 2000
Lf6, .-{.)Ooo - 2. 20 -1'1-()Q
TO:
~r. Joel VVanttnan, P.E.
The Wantman Group, Inc.
543 NW 77ft! Street, Suite 101
Boca Raton, FL 33487
RE~ Lester PUD - Fire Hydrant surety
ft1'S-r; . ~\h
V
Ca.5h. 101\4
TRANSMITTED HEREWIlH ARE THE FOLLOWING ITEMS:.
Pages Description
1 Check no 0505 S6
PAGE fl2
"'..
. . .
ill
---
1l
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II!)
11
V-b-
Remarks: Joel - Here is the check I discussed with Jerry Saval on this date, for
return to the developer. We will hold the additional $7,000 from their existing
letter of credit for the extended warranty on the hydrants, or they can furnish
alternate surety at that time.
Signature:
Copy to: Peter Mazzella
Skip Milor
File
4-
Peter V. Mazzella
oe .~I::Jf/co
'-
10/13/2003
15:31 5517425306
CUST SERV
PAGE 03
...-.----~-
---,_---0.---- -------- - ---
CASCADE LAKES L TO
7n7 OLADP RO.SUrre.tt.ocA RATON ,A. ~
~
r;\a: Hjar ~.A5
cP+otJ
)S/l~'/OO' 0$-19-00
roJ~IDlliOW~f01
1Il .15. l!IJ
,ft.1\'\ ,.. .
4:!;'-:~ .(i~'
CHBCIt TOTAL;
8NDOR: 030183 CITY OF BOYNTON BEACH
nue 7,000.00 .00 7,000.00
~naCIt; 050556 OATH: OS/22/00
The City of Boynton Beach
1
Utilities Department
5469 W Boynton Beach Blvd.
Boynton Beach. Florida 33437
Phone (561) 741-6451
FAX: (561 731-0065
OFFICE OF THE DIRECTOR OF UTILITIES
March 7, 2000
Mr. Harry T. Sleek, Sr. Vice President
Levitt Homes Inc.
7777 Glades Road, Suite 410
Boca Raton, FL33434-4I98
RE: Lester Plats 1 & 2 Fire Hydrant relocations
Dear Mr. Sleek:
This is to acknowledge receipt of your letter dated May 16, 2000, in which
you offered to install bollards at all fire hydrants that are less than six feet
from the edge of pavement in Lester Plats 1 & 2. Unfortunately, we are not
willing to accept this offer as a solution, for we consider it a mis-application
for using bollards. Bollards are generally used on commercial sites to protect
fire hydrants that are either not in landscaped islands, or may otherwise be
subject to damage from other heavy equipment used on the site. They are not
intended to provide a solution to systems not constructed in accordance with
the approved plans, or our specifications.
We therefore propose 2 alternate solutions to this problem. You may either
1. relocate the hydrants to an acceptable distance from the pavement prior to
the end of the I-year warranty period, or
2. allow the City to hold surety for an extended time period (beyond the 1-
year warranty) for each of the substandard locations, as a guarantee
against damage. The extended time period we suggest is 4 years beyond
the end of the warranty period. If the hydrants are damaged in that
America's Gateway to the Guifstreum
Mr. Harry Sleek
Page 2
interval, we will apply the surety to repair, replace or relocate the
hydrants as needed. However, if they are not damaged, we will return the
unused funds to your firm at the end of the 5 years. The surety amount
held for each hydrant will be $1,000.
Please advise us in writing as to which alternative you select. Any further
questions on this matter should be directed to Peter Mazzella of this office.
Sincerely yours,
John . Guidry
Direc or of Utilities
Attachment
JAG/PVM
Xc: Skip Milor
JoelVVanttnan, P.E.
File
2
9S-17-QS 98:48 WANTMAN fROVP
I
MAY ! 6. 2000 a: 06Alf ' UVlTf BOMiS
rH\,1~ U..J
ID.5~lgg8e198 P.S3
110. 4019 p, 2
I
LEVITT HO~I!S
,
A ......" of
UvI&
COIJ*dop
LevIt ....... "'MI'POI'MId
Ttr7 GIIdw ROM
SIIIII.fO
... ....., f:L 1SOf.41"
1II1-4IH,..
.........,. ~
MIIY 1e. 2000 I
I
Mr. Pete Muzelfa I
Atlistllnt Director ,
City of Boynton e.~
UtillUM =r
124 E. Woolbright oed
Boynton s.eeh, F 33<43:5
RE: leeter P18. 11" 2
I
eear Pelwl: I
I
We henIby ~ree tb i....' Bollaldi It aU tint tr,'dnlntl thBt 1ft .. than six feet
from the edge oJ ~ pavement in U8ttIIr p,. 1 & 2.
I
Very tNIy yours. ,
I
~ i
I
Harry T. Sleek i
Sr. Vice PrGlldvnt I
I
I
I
j:.H~j!r~;~
GENERAL PROJECT INFORM A TION
Telep #: 1478.8501
Street #:
Street Name:
Type ofUnit$:" Fingle fam ily & 1 c1ubho' Total Units:
58
o
Size Meter: r 75
In Quantum Park?:
No
city ReserVed: ~
Actuai Flow Water: I~
ActuatFJow sewer: I
Site Plan MprovaJ Date I
o
o
. ~
Notes: County only approved 566 units. Processing refund for
18572.40,1/6/99. Paid for additional 36 units 3/18/99
under name of Cascades Lakes, utilizing. Requested
Payment Date: J 10/8/1998
Expiration Date: I 10/8/1999
$8,23710
ANDINSeECTlON;FEE INFORMA TlON
Inspection Fee:' J
Date Paid:
Letter of Credit:
Surety amount:
$566,400.00
Televising Fee: ~
Date Pd:
8/6/1999
Notes onsurety: LOC rec'd . approved 9/7/99 agenda
$7000 on deposit for hydrant location
surety. Hold additional $7,000 for 5 years
for hydrants too close to road. separate
f"-':Ich hnnrl r10nnc itQrI ~nnrr\V k/1 ~/()n
Surety Reduction amopnt: I
Date of reduction: I. 6/5/2001
$538,10000
Value of water: r'
Balance of surety: I'
$0.00
12/8/00.Bill of Sale., 4/2/01.easemenl
for Rec Area w/ PCN; Final walk,thru
with corrections 6/12/03
Surety release due date: J
5/22/2001
'f'."'"
o .
;~ "
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\..
VI.-CONSENT AGENDA
ITEM E
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 April 4, 2006 March 20,2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) r8J June 20, 2006 June 5,2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J Consent Agenda 0 New Business
-.
AGENDA ITEM 0 Public Hearing 0 Legal
- .",.,
0 Bids 0 Unfmished Business
, ,
.~~j
0 Announcement 0 Presentation
0 City Manager's Report -ry
., ...'-
C,) _:~ (:;')
-.- r'l
RECOMMENDATION: Motion to approve the "SEA VIEW PARK CLUB" Record Plat, conditioned on the apIl!9val ;=(~ >.
being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Survey & Mapper). ' ~
EXPLANATION: The record plat review for this project connnenced on February 13, 2006, to which the third and fmal
review is currently being completed. Several plat preparation changes not withstanding, staff now reconnnends that the City
Commission approve the plat as presented, subject to final signatures by the City Engineer and Mayor. The record plat is the
next step in the development of a now vacant parcel of land along the Intracoastal Waterway to acconnnodate a mixed
residential development along the east side of North Federal Highway. The record plat preparer has stated that all minor
changes necessary to this instrument will be in compliance with those connnents in the last review letter.
PROGRAM IMPACT: 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 Pennit (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 pennitting connnences after the issuance of the LDP.
FlSCAL IMPACT: None
AL TERNA TIVES: The proposed development will continue in abeyance until the proposed record plat is received in
.:,ep~, :~ndt, ,nmtrn,tion Pl=~~~'~ 'p~ovod fo, P=Uj4__ _~
BV ll(, Dep. &.,," Sign.1ure
Public Works / Engineering Division
Department Name
City Attorney / Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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GA.TEWAY BOULEVARD
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BOYNTON BEACH BLVD.
lOCATION MAP
~; (NOT TO SCALE)
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VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be
Commission Meetinq Turned in to City Clerk's
Dates Offi ce
0 April 4, 2006 March 20, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon)
0 May 16, 2006 May 1, 2006 (Noon)
Requested City Date Final Form Must be
Commission Meetinq Dates Turned in to City Clerk's Office
0 June 6, 2006
[8J June 20, 2006
0 July 5, 2006
0 July 18, 2006
May 15, 2006 (Noon)
June 5, 2006 (Noon)
June 19, 2006 (Noon)
July 3, 2006 (Noon)
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
RECOMMENDATION: That the Commission consider for approval the recommendations of the Community
Development Block Grant review committee for funding activities in preparation of the City's One Year Action
Plan for FY 2006/2007.
NATURE OF
AGENDA ITEM
o Development Plans
o New Business
o
o
o
Legal
Unfinished Business
Presentation
EXPLANATION: The City Of Boynton Beach is in its tenth (10th) year of receiving Federal Grant Funds.
The Acton Plan is being developed with activities listed that show how the use of these funds will address the
needs of the Community. Proposals were received as a result of public advertisement, with a workshop held for
those interested in the process and/or eligibility requirements. A committee comprised of the following Citizens
reviewed the applications:
Beverly Agee
Angela Girtman
Myra Jones
Attorney
Director of Treasure Chest Pre-School/Day Care
Palm Beach County School District Teacher
PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the
City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community
Development Activities. These include, but are not limited to, infrastructure improvements, family development,
public services, housing and recreational needs, as well as fund administration by the City.
FISCAL IMPACT: The City Of Boynton Beach expects to receive $541,341 for this program to continue its
Community Development efforts.
ALTERNATIVES:
discontinue its revi .
Beach would have to us ad valorem dollars, or would have to
ignature
Dep
Department of Development
Community Improvement Division
Department Name
S:\Community Improvement\Agenda Requests\2006\CC6-20 CDBG Recommendations.doc
~
ACTIVITIES TO BE UNDERTAKEN
Community Development Block Grant funds in the total amount of $541,341 will
be utilized in support of the City's commitment to community development.
These funds will compliment other resources received and utilized to address
identified needs. 2006/2007 Program year funds under the CDBG Program will
be utilized in support of the following activities and programs:
ADMINISTRATIVE - $108,268
Costs associated with the planning, administrating, and execution of the
Community Development Block Grant program.
AID TO VICTIMS OF DOMESTIC ABUSE, INC - $10,000
This activity provides a 24-hour crisis hotline for services, counseling, and case
management for adults, elder victims, and children who are victims of domestic
violence and abuse. A VDA provides a safe, confidential site, which is monitored
24 hours a day. Increased emphasis will be placed on children at schools located
within the target area.
THE COMMUNITY CARING CENTER OF BOYNTON BEACH - $32,500
Provide for partial administrative salaries, as the center assists with emergency
services to include food, shelter, and mortgage assistance, rent, utility bills,
medication and transportation for low and very low-income. Other services
include job counseling, job skills training, advocacy, and education.
CITY OF BOYNTON BEACH RECREATION DEPARTMENT - $11,800
To provide scholarships for low-income City of Boynton Beach residents for the
summer camp program. These residents must also provide documentation that
they meet the Palm Beach County School District eligibility requirement for free
or reduced lunches.
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES - $5,000
Provide Fair Housing Initiatives designed to inform and educate the general
public, housing industry groups, media, and financial institutions of their
obligations concerning fair housing. They will monitor agencies for compliance
with fair housing laws, and instruct the public to identify incidents of housing
discrimination and inform victims seeking legal redress and relief. The goal is to
combat housing discrimination and insure compliance with local, state, and
federal fair housing laws.
C:\Documents and Setlings\lejeunec\Local Setlings\Temporary Internet Files\OLKBEO\ACTlVrnES TO BE
UNDERTAKEN.doc
ACTlVITlES TO BE UNDERTAKEN
special activities by a community Based DevelopmentOrganization designated to
c:Jjrry out neighbOrhOOd revitalization and community economIC development
programs. This organizationS primary purpose is the improvement of the
physical, economic and social environment of its geographic area of operation,
and will be addressing one or more critic:Jj1 problems of the area, with particular
attention to the needs of persons of low and moderate-income. This activity will
include comprehensive Community Redevelopment of the MLK and Cherry Hills
community, and will include an Affordable Housing Development InitiatiVe.
BOYNTON BEACH fAITH BASED
COMMUNnY DEVELOPMENT CORPORATION - 62 500
Continue to provide technic:Jj1 assistance to upstart and existing businesses
located or wishing to IOc:Jjte to the Boynton Beach area. This assistance is in the
form of MinorityfWomen Business Enterprise certification, development of
business plans, loan packaging, and identifying various funding sources available
to start businesses, bond packaging, and incorporation service.
PALM BEACH COUNT'( RESOURCE CENTER - 25 000
TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE
R. M. LEE COMMUNITY DEVELOPMENT CORPORATION - 72 000
The implementation of social economic activities, to include education and job
training of the elderly and low- income residents. This organization will alSO be
developing a major senior affordable rental housing project, providing 15 new
units.
To provide housing rehabilitation assistance to approximately 20 owner-occupied
residential homes located within the CDBG Target area. This will include the
administrative expenses associated with this activity with two full time positions.
All program participants will be income certified as eligible in order to receive
assistance. The primary goal of this program is to assist citizenS in maintaining
safe, habitable, and suitable living environments in an effort to stabilize our
neighborhoods.
OWNER-OCCUPIED HOUSING REHABILITAnON
PROGRAM AND DELIVERY - $214.273
Cloocum- and ","og'lle;eunecllOC3' _o"ITomp""'''' \otem" F1""IQU(BEOlAcnvmES TO BE
UNDERTAKEN.dOC
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TO:
FROM:
THRU:
DATE:
RE:
'~DEPARrMENrOFDEVELOPMENr
\J;Jl' CommUnity Improvement Division
Memorandum
C/D 06- 035
Kurt Bressner, City Manager
Octavia S. SherrOd, CommUnity Improvement Manager~
Quintus (}eene, Director of Development
June 1, 20~6
CDBG Allocation for Fy 2006/2007
The anticipated Commulty Development Block Grant (CDBG) allocation for the
2006/2007 fiscal year ~ ~1,341. ThIs represents nearly a ten percent reduction from
the amount received for t, current Year, and fifteen percent below the amOunt receiVed
in 2004/2005 fiscal year.
Anticipated Alloc)n .... ....... ........ .................... .............. $541,341
Allowable Admin............................. ....... ...................... 108,268
Allowable Public ~ ..................... ................................. 81,201
Availabie for other '1ble expenditures .........................351,872
mount FY 2007
Grant A
$541,341
ALLOWABLE ADMINIS~k COST
PUBLIC SERVL
f Domestic ~
Aid to Victims 0 t
Community Caring Cen e~ _
Summer C'amp ScholarshIps
(City of 8~ activities)
Fair Housing OTHER SERVICES
each Faith Based COC
Boynton 8
d ble Housing)
~~ a Resource Center (E","om" Dev.) .
R. M. Lee CDC (Senior Housing/S~Cial Servl,
Housing Rehabilitation & Delivery
Request
Recommendation
108,268
30,000
65,000
10,000
32,500
10,000
11,800
5,000
69,402
35,000
80,000
62,500
25,000
72,000
214,273
$541,341
$289,402
~
~~~~~
'1" ,- -
. .
""'~U"'"T 0''<'0
J' S'JI
tQ 2:
;:1 *~
". .!'
9~N DI'_~f....P
n.s. ,,""All"""'" OFl1OUSlNG AN" _AN ,,\WElD
W p.,SmNGTON, D.C. 20410.1000
Ct, (~("C"r(\\-. ~
------ ----- --~
R t_Ct \\~ t iJ ' -1,1 -
-----_.~.----------" --------
JI\N 1 7 2006
o1'l'lCB OF nm ASS1S'TANl' ~AP-y
FORCO~ ~GANDPJ>VFLOPMBNT
January 16,2006
CllY M~NAGER'S OF~~C[j
~,-^~ G
-S\ J... L- r'Y'.
The Honorable Gerald Taylor
Mayor of Boynton Beacb
100 E Boynton Beach Boulevard
Boynton Beacb, FL 33435
Dear Mayor Taylor:
I am pleased to inform )'Ou that the Department of Housing <<l Urban Deve\o '
Fiscal year (FY) 2006 budget has been enacted and signed by the esident. This lettPmeut s
your FY 2006 allocations for the Office of Cornmunity Planning r Development's (~~VJdes
forrnula programs: CommunitY Development Block Grants (CD'); HOME Investm
partnerships; the American DreaID J)owopayrneut Initiative (Af); Housing Opport ent.
Persons with AJDS (HOPW A); and Bmergency Sheller Grants ;G!. These programs Ul1Itles for
. funding for housing, cornmunitY and economic development, .asSIStance for special proVIde
populations acroSS the country.
mID's budget is included in the FY 2006 TranspOr" Treasury, the Judici
Housing and Urban Development, and Related Agencies {;::roDS hill (p.L. 109"715)
Funding amounts in this hin were subsequently ilUpactedH .2006 Department of .
Defense, Bmergency supplemental Appropriations to A{, umcanes in the Gulf of M .
and pandemic Influenza Act (P.L. 109-148), which dicp:rosS-the-hoard Governtn eXJco,
wide rescission of one percent. According to the law,'s ~ roe~t IS required to reduc ent-
program contained in ill funding bills by that amounthee~ed aprograms are not e::ach
fromtbis cut. The FY 2006 allocatious beloW have n tlie!:n need to reflect this tnpt
requrremeut. AlSO, the amounts inclnde reallocate<l,se BG ?-"d HOME programs
,he aUocations reflect the level of funding availab' progratns 10 )'Our corrununity. .
. ilocation( s) .
The fo\1oWlng amounts represent )'Our F' .
community Development Block C:
HOME Investment partnerships
American Dream DownpayroentJDS
Housing opportunities for perso
Emergency Shelter Grants
. . of effective perfo
mID con\11lues to emphasize the ~tional .' rmance measurement in all
of our programs. Last year mID particiPb ~ pubbc 10terest groups in a joint
working group, and developed a fran1ew(~:=e ~ment framework for CPD
forrnula programs. This framework waS en m a une 10, 2005 Federal
roJ~@~OW~
lJl) l JAN \ 9 2.006
$541,341
$0
$0
$0
$0
nl:O^DT..r.........,....- -
(D
DEPARTMENT OF DEVELOPMENT
~ ,. Community Improvement Division
. Memorandum
CID 06- 035
TO:
FROM:
THRU:
DATE:
RE:
Kurt Bressner, City Manager
Octavia S. Sherrod, Community Improvement Manager~
Quintus Greene, Director of Development
June 1, 2006
CDBG Allocation for FY 2006/2007
The anticipated Community Development Block Grant (CDBG) allocation for the
2006/2007 fiscal year is $541,341. This represents nearly a ten percent reduction from
the amount received for the current year, and fifteen percent below the amount received
in 2004/2005 fiscal year.
Anticipated Allocation..................................................... $541,341
Allowable Admin................ ......... ........................ .............. 108,268
Allowable Public Service.................... .................................. 81,201
Available for other allowable expenditures ......................... 351,872
Grant Amount FY 2006/2007 Request Recommendation
$541,341
ALLOWABLE ADMINISTRATIVE COST 108,268
PUBLIC SERVICES
Aid to Victims of Domestic Assault 30,000 10,000
Community Caring Center 65,000 32,500
Summer Camp Scholarships
(City of BB activities) 11 ,800
Fair Housing 10,000 5,000
OTHER SERVICES
Boynton Beach Faith Based CDC 69,402 62,500
(Affordable Housing)
PBC Resource Center (Economic Dev.) 35,000 25,000
R. M. Lee CDC (Senior Housing/Social Services) 80,000 72,000
Housing Rehabilitation & Delivery 214,273
TOTAL $289,402 $541,341
:S::~~~~~~C
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:*1 *~
{; ~
v-9,& Oo.J'
..", DF,..f.\.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELO. uu ,.
WASHINGTON, D.C. 20410-7000
Cc-
RECEIVED
.----_..
'(tIt? b
Co('t"\f'(\\S S4 cr"l
;--[#'-;
OR'lCll OF 1lII! ASSISTANT SJDUITARY
JAN 1 7 2006
POR COMMUNITY PLANNINO AND DEVELOPMENT
January 16, 2006
The Honorable Gerald Taylor
Mayor of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
CITY MANAGER'S OFFICE
~\~~ 6
~\bL- yY\.
Dear Mayor Taylor:
I am pleased to inform you that the Department of Housing and Urban Development's
Fiscal Year (FY) 2006 budget has been enacted and signed by the President. This letter provides
your FY 2006 allocations for the Office of Community Planning and Development's (CPD)
formula programs: Community Development Block Grants (CDBG); HOME Investment
Partnerships; the American Dream Downpayment Initiative (ADD!); Housing Opportunities for
Persons with AIDS (HOPW A); and Emergency Shelter Grants (ESG). These programs provide
. funding for housing, community and economic development, and assistance for special
populations across the country.
HUD's budget is included in the FY 2006 Transportation, Treasury, tbe Judiciary,
Housing and Urban Development, and Related Agencies Appropriations bill (pL. 109-115).
Funding amounts in this bill were subsequently impacted by the FY 2006 Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in tbe Gulf of Mexico,
and Pandemic Influenza Act (PL. 109-148), which dictated an across-the-board Governrnent-
wide rescission of one percent. According to the law, the Department is required to reduce each
program contained in all funding bills by that amount. CPD's formula programs are not exempt
from this cut. The FY 2006 allocations below have already been reduced to reflect this
requirement. Also, the amounts include reallocated funds in the CDBG and HOME programs.
The allocations reflect the level of funding available for these programs in your community.
The following amounts represent your FY 2006 allocation(s):
Community Development Block Grant
HOME Investment Partnerships
American Dream Downpayment Initiative
Housing Opportunities for Persons with AIDS
Emergency Shelter Grants
$541,341
$0
$0
$0
$0
HUD continues to emphasize the importance of effective performance measurement in all
of our programs. Last year HUD participated with national public interest groups in a joint
working group. and developed a framework for a performance measurement framework for CPD
formula programs. This framework was pror~sed for comment in a June 10. 2005 Federal
To), ~ & ~ D W ~ mil
WI JAN I 9 ~ I~
"
2
Register Notice titled, "Notice of Proposed Outcome Performance Measurement System for
Community Planning and Development Formula Grant Programs; Request for Comments.,t This
performance measurement framework is based on the reporting of objectivest outcomes, and
indicators for each activity that is funded by the CPD formula grant programs. The objectives,
which closely mirror the statutory purposes of the programs, are: Suitable Living Environmentt
Decent Housing, and Creating Economic Opportunities. The outcome categories, which reflect
the result that the grantee is seeking to achieve from each activitYt are: Availability/Accessibility,
Affordability, and Sustainability (promoting Livable or Viable Communities). The indicators
are the outputs realized for each specific activity. Combining objectives, outcomes and
indicators will enable HUD to produce statements that uniformly describe the activityt s impact
and enable HUD to demonstrate the benefits and success of the CPD formula grant programs.
Additional information on the implementation of the performance measurement
framework will be disseminated later this winter. Although there will be some changes made to
the final framework provided in the June 10, 2005 Federal Register Notice, it is expected that the
fundamental premise and format will remain unchanged. In additiont HUn expects to
incorporate this performance measurement framework into the existing CPD Integrated
Disbursement and Information System (IDIS) in the spring of 2006. CPD formula grantees
should now consider how the performance measurement system may impact their local
administrative practices, including deciding the objectives and outcomes of activities that are
funded.
I look forward to continuing our partnership to assist lower income residents in your
community. As always, HUDis available to provide any assIstance you require in implementing
your programs. If you or any member of your staff has questions, please contact your local CPD
Office Director.
Sincerely,
;2.fJ.. -fI.~
Pamela H. Patenaude
Assistant Secretary
r:\'fV O~
~- · .... · ~ J:
o ._.. I.;
.,~/.
'" ~._,7~'
'rON 0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 4, 2006
D April 18, 2006
D May 2, 2006
D May 16, 2006
March 20, 2006 (Noon.)
D June 6, 2006
I:8J June 20, 2006
D July 5, 2006
D July 18, 2006
May 15,2006 (Noon)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17, 2006 (Noon)
June 19,2006 (Noon)
May 1,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
I:8J 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
RECOMMENDATION: Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) and
Commissioner Bob Ensler ($1,000), for Gulf Stream Council, Inc., Boy Scouts of America
EXPLANATION:
Commission approval is requested for allocation of $2,000 of community investment
funds to the Boy Scouts of America - Gulf Stream Council, Inc. for various programs,
camping, uniforms and activities in the following units in Boynton Beach Boy Scout
Troops 215, 305 and 395, Cub Scout Packs 215, 239, 243, 305 and 310 as well as
Venture Crew 215.
PROGRAM IMPACT: Allocation of funds 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.
ALTERNATIVES:
Decline to authorize the requested use.
~
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\COMMUNffi INVESTMENT FUNDS\Agenda Item Request Memos\Agenda Item Request - for Mayor Taylor & Commissioner Ensler
- Boy Scouts of America - 06-20-06.dot
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 16, 2006
Requested by Mayor/Commissioner: Commissioner Bob Ensler
Amount Requested: $1,000
Recipient/Payee: Gulf Stream Council, Inc., Boy Scouts of America
Description of project, program, or activity to be funded: Various programs including
camping, uniforms and activities in the following units in Boynton Beach Boy Scout Troops
215,305 and 395, Cub Scout Packs 215, 239, 243,305 and 310 as well as Venture Crew 215.
Dated: & - /9 -c) tf:,
By/tr~ /'f,,,;yp
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $5,000 has been used to date by the requesting Member, leaving a
balance of available funds of $5,000. This request would bring the available amount down to
$4,000.
Accordingl y:
~ There are funds available as requeste
o There are insufficient funds available as
Dated: (p~4ID b
/ /
By:
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.
By:
Dated:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVE ME NT 2005-2006\BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 16,2006
Requested by Mayor/Commissioner: Mayor Jerry Taylor
Amount Requested: $1,000
RecipientlPayee: Gulf Stream Council, Inc., Boy Scouts of America
Description of project, program, or activity to be funded: Various programs including
camping, uniforms and activities in the following units in Boynton Beach Boy Scout Tooips
215,305 and 395, Cub Scout Packs 215, 239, 243, 305 and 310 as well as Venture Crew 215.
Dated: h -/9-~)&
By:n~ ,/Jd?
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $3,500 has been used to date by the requesting Member, leaving a
balance of available funds of $6,500. This request would bring the available amount down to
$5,500.
Accordingly:
)( There are funds available as request
o There are insufficient funds available a
Dated: ~ It'l lob
1 {
By:
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.
By: f1Iifr-~~/J
C Manager i
S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Dated:
GULF STREAM COUNCIL, INC.
BOY SCOUTS OF AMERICA
8335 North MiNtary Trail
Palm Beach Gardens, FL 33n 1 0-6329
(561 ) 694-8585 · Fax (561 ) 694-9050
June 14, 2006
Mayor Jerry Taylor
Dear Mayor Taylor,
Thank you for your continued interest and support of Scouting. Your on going support has
helped to strengthen and enhance our Scouting programs throughout the Boynton Beach
community.
As discussed, your generous donation to Scouting will be applied to various programs, camping,
wlifonns, and activities in the following units in Boynton Beach, Boy Scout Troops 215,305,
and 395, Cub Scout Packs 215, 239, 243,305, and 310 as well as Venture Crew 215.
Thanks again for your continued efforts to expand the Scouting experience, as we strive till
cultivate our nation's future leaders through character education.
Yours in Scoutin
~~wmaJl
District Executive
. A UnIted Way Agoncy serving the YO\.Ilh of Palm Baach, Martin, 51. Lucie, Indian River, Okaechobee, Glades and HeMry CQunti....
2:0 39\;;id
IIJNnOJW\;;i3~lS~ln9
0905P59199
L0:11 9002:/91/90
~
~
BOY SCOUTS OF AMERICA
8335 North Military Trail
Palm Beach Gardens, FL 33410-6329
(561) 694-8585 · Fax (561) 694-9050
Jun 13,2006
Dear Mayor Taylor,
Thank you for past support of the Gulf Stream Council, Boy Scouts of America. With your
support over the past years the Boy Scouts of America has been able to continue to provide
quality programs and services to the Boynton Beach community, with the nearly 1,400 young
men participating in our traditional Scouting programs.
For over 95 years, the Boy Scouts of America have been serving the youth of this country. We
are as committed today as we were then to training and teaching young boys to become Yl[)ung
men. Now more than ever, the Boy Scouts of America are needed to develop character,
citizenship and respect for others across our land.
The BSA is committed to bring back Scouting to the various ethnic and minority communities
within this community. These young people so desperately need a program such as Scouting.
Financial support provides uniforms, program materials and helps underwrite the cost of
camping and other outdoor adventures.
The Gulf Stream Council, our local council of the Boy Scouts of America serves nearly 30,000
youth and 8,000 adult volunteers in our community and surrounding cities. Keeping up with the
explosive growth our area has seen takes effort and planning. Our local Council will not be able
to keep up with this golden opportunity to reach our youth without the generous support from
friends like you.
The Gulf Stream Council, Boy ScOuts of America would like to ask your help to support the
efforts of this Council by considering a $1,500 contribution this year.
I look forward to hearing from you.
Sincerely,
~~
-----n-~Bowman
District Executive
(561) 667-3431
. A United WIr'f ^genc;y serving the Youth of Palm Beach. Martin, Sl. Lucie, Indian River. Okeechobec. Glades and Hendry Counties.
2':121 39IJd
IIJNnOJWIJ3~~S~ln9
12191216P69199
9S:S1 91211212': IS 1 19121
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR}\t.
VI.-CONSENT AGENDA
ITEM H.
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 Ci1V Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6,2006 May 15,2006 (Noon)
D April 18, 2006 April 3,2006 (Noon) [8J June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1.2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) to The
Juvenile Transition Center, Inc.
EXPLANATION:
Commission approval is requested for allocation of $1,000 from May Taylor to The
Juvenile Transition Center, Inc. to be used for the scholarship fund.
PROGRAM IMPACT: Allocation of funds will assist the individuals from disadvantaged backgrounds with the
opportunity to realize their dreams of continuing on to a post-secondary school.
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.
ALTERNATIVES:
Decline to authorize the requested use.
City Clerk's Office
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Agenda Item Request Memos\Agenda Item Request - for Mayor Taylor - The Juvenile Transition Center - 06-20-06.OOt
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 16, 2006
Requested by Mayor/Commissioner: Mayor Jerry Taylor
Amount Requested: $1,000
RecipientlPayee: Juvenile Transition Center
Description of project, program, or activity to be funded: Scholarship fund to assist the
individuals from disadvantaged backgrounds with the opportunity to realize their dreams of
continuing on to a post-secondary school.
Dated: ~ -/ tj-a&;
By: If J2--
Part II-Availability of funds (to be completed by tbe Finance Director)
/d/~
/
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,500 has been used to date by the requesting Member, leaving a
balance of available funds of $7,500. This request would bring the available amount down to
$6,500.
Accordingly:
X There are funds available as requeste
o There are insufficient funds available a
Dated:
(p/,?iD (,
t {
By.
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.
By: %IfrIU4~
y Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05.
06.doc
Dated:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh.
VIII.-PUBLIC HEARING
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006
D April 18, 2006 April 3,2006 (Noon) r8J June 20, 2006
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
June 19,2006 (Noon)
July 3, 2006 (Noo!!J~ . r
r'0
D Administrative D Development Plans
D D . .
NATURE OF Consent Agenda New Business
AGENDA ITEM r8J Public Hearing D Legal ~ ,.,
1'-_'
D Bids D UnfInished Business en
C~)
D Announcement D Presentation
D City Manager's Report
PI
._---"")-y-.....
It;
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on May 23, 2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-079.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Muvico Theaters (SPTE 06-004)
George Figler, Muvico Theatres
Boynton, JCP Associates, LTD.
301 North Congress Avenue
Request for site plan time extension approval for Muvico Theatres and 17,528 square feet
of retail space at the former Macy's mall entrance granted on April 19, 2005, from April
19,2006 to April 19, 2007.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
e:>; Finance / Human Resources
genda Item Request Muvico Theaters SPTE
Dev2!dUo;;"to~
It.,) ~
Planning and Zo g Director ity Att
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach MaIl\MSPM 05-001 Muvico Theatre\SPTE 06
06-004 6-20-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-079
TO:
Chair and Members
Planning and Development Board
Michael RU~W
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
April 19, 2006
PROJECf:
Muvico at Boynton Beach Mall / SPTE 06-004
REQUEST:
Site Plan TIme Extension
PROJECT DESCRIPTION
Property Owner: Boynton - JCP Associates, LTD.
Applicant / Agent: George Figler, Muvico Theaters
Location: 301 North Congress Avenue (see Exhibit "A" - Location Map)
Existing Land Use/ Zoning: Local Retail Commercial (LRC)/ Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Request site plan time extension approval for Muvico Theaters and 17,528
square feet of retail space at the former Macy's mall entrance.
Acreage:
11.64-acres
Adjacent Uses:
North:
Immediately north is right-of-way for Boynton C-16 Canal, then further
northeast is developed commercial property with a Local Retail Commercial
(LRC) land use classification and zoned Community Commercial (C-3); to the
northwest is developed residential properties with a High Density Residential
(HDR) land use classification and zoned Planned Unit Development (PUD);
South:
Immediately south is right-of-way for Old Boynton Road, then further south is
developed commercial properties (Wal-Mart Supercenter) with a Local Retail
Commercial (LRC) land use classification and zoned Community Commercial (C-
3);
East:
Immediately east are developed commercial properties with a Local Retail
Commercial (LRC) land use classification and zoned Community Commercial (C-
3), then further east is right-of-way for Congress Avenue, still farther east is
undeveloped property with a Mixed-Use Suburban (MX-S) land use classification
and zoned Suburban Mixed-Use (SMU), to the southeast is undeveloped
Page 2
Memorandum No. PZ 06-079
property with a Local Retail Commercial (LRC) land use classification zoned
Community Commercial (C-3);
West:
Developed residential properties with an Palm Beach County Medium Residential
(5-units per acre) land use classification and zoned Residential Single-family
(RS).
BACKGROUND
Mr. George Figler, Senior Project Manager for Muvico Theaters is requesting a one (l)-year time extension for
the Muvico Theaters at the Boynton Beach Mall Site Plan and Height Exception Development Orders (MSPM 05-
001 and HTEX 05-003) which were approved by the City Commission on April 19, 2005. 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 extensions were approved, the expiration date of this site plan, including
concurrency certification would be extended to April 19, 2007.
According to the original site plan staff report, Muvico was approved to construct a movie theatre, 79,500
square feet in area and containing 3,650 seats on 11.64-acres, at the Boynton Beach Mall (301 N. Congress
Avenue). The height exception request was for two (2) decorative statues proposed on the roof, which were 64
feet - six (6) inches in height, or 19 feet - six (6) inches above the district height limitation of 45 feet in the C-
3 zoning district. In addition, 17,528 square feet of new retail space was approved to be constructed at the
former Macy's mall entrance.
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 extension request March 15, 2006,
approximately a month prior to the expiration of the site plan and height exception.
According to the time extension application, Mr. Figler documents their meetings with staff to discuss the
reduction from the original 16-plex design to a 14-plex design, as a result of increased construction costs.
They have been working on the redesign, which has taken considerable time and are nearly complete with
the architectural and engineering drawings associated therewith. The mall owner is working with FP&L on
some underground utility work in the vicinity of the theatre, and upon completion of that work (tentatively
scheduled for June), the sales transaction between Muvico and the Mall will be completed. Lastly, Mr. Figler
indicates that Muvico has paid $28,720.00 in permit fees to date. As such, they are requesting a one (1) year
time extension to gain the necessary permits and begin construction.
Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. Traffic concurrency was approved without a build-out date, due to the reduction in trips
associated with the demolition of the Macy's building. As for utilities, a utility reservation fee is not required
due to the fact that the proposed improvements are replacing the demolished department store. The site plan
time extension would still be subject to the original conditions of site plan and height exception approval.
Lastly, no new land development regulations are now in place against which the project should be reviewed
and modified.
Page 3
Memorandum No. PZ 06-079
RECOMMENDATION
Staff recommends approval of this request for a one (1) year time extension of the site plan (MSPM 05-001)
and height exception (HTEX 05-003). If this requests for extension were approved, the expiration date of both
applications, including concurrency certification would be extended to April 19, 2007, and all conditions from
the original approvals must still be satisfactorily addressed during the building permit process.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\Muvico\SPTE 06-004\Staff Report.doc
BOYNTON BEACH MALL
LOCATION MAP
Exhibit A
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EXHIBIT B
The World's Premier Movie Experience
March 14, 2006
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
Development Department
Planning and Zoning Division
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
Re: Muvico 14 Boynton Beach Request for Extension of Site Plan Approval
Dear Mike,
Site plan approval for the above mentioned project was granted by the City Commission on April
17,2005. Since that time Muvico has been using its best efforts to secure all governmental
approvals to allow for the construction of our theater.
Spiraling construction costs have forced us to scale back from our original16-plex design to the
l4-plex theater you and your staff reviewed at our meeting on February 14, 2006, and
subsequently approved.
This redesign has however resulted in a loss of time and the reason for this request.
We are therefore requesting an extension to our current site plan approval for a period of one year
to allow us to complete construction drawings and resubmit them to the City Building
Department for permitting.
Muvico is committed to construct our theater at the Boynton Beach Mall. We offer the following
as evidence of this certainty:
3101 North Federal Highway, 6th Floor
Fort Lauderdale, Fl 33306-1042
Tel: (954) 564-6550
Fax: (954) 564-6553
. Site Plan Approval granted by City Commission on April 17, 2005.
. Original permit drawings submitted on July 27, 2005.
. Permit drawings resubmitted on September 1,2005.
. Permit fees paid to date, $28,720.00.
. Muvico intends to purchase our site from the Developer once underground utility work is
completed by FPL. We have been advised by the Developer that this work should be
completed in June 2006. We will close shortly thereafter.
We are excited at the prospect of this new theater in Boynton Beach and ask that the requested
extension of time be granted.
Should you have any questions or concerns, please call me.
Cc. Mr. Mike Wilson, Muvico Theaters, Inc.
Mr. Jim Andreone, DDG.
Mr. Don Pollard, Simon Property Group.
EXHIBIT "C"
Conditions of Approval
Project name: Muvico @ Boynton Beach Mall
File number: SPTE 06-004
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. All previous conditions of approval must still be complied with. X
Conditions of Approval
2
I DEP ARTMENTS I INCLlIDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WPIPROJECTS\Boynton Beach MalI\MSPM 05-001 Muvico Theatre\SPTE 06-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Muvico Theatre
APPLICANT'S AGENT: George Figler
APPLICANT'S ADDRESS: 3101 N. Federal Highway 6th Floor Ft. Lauderdale, FL
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006
TYPE OF RELIEF SOUGHT: Request for a one (l)-year time extension for the Muvico Theaters and
17,518 square feet of retail space at the Boynton Beach Mall Site Plan and Height Exception
Development Orders (MSPM 05-001) and (HTEX 05-003) which were approved by the City
Commission on April 19, 2005.
LOCATION OF PROPERTY: Boynton Beach Mall- 301 North Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynlon Beach Mall\MSPM 05-001 Muvico Thealre\SPTE 06-004\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Site Plan Time Extension
1 Project:
Muvico Theaters (SPTE 06-004)
Agent:
George Figler, Muvico Theaters
Owner:
Boynton, JCP Associates, LTD.
Location:
301 North Congress Avenue
Description:
Request for site plan time extension approval for Muvico
Theaters and 17,528 square feet of retail space at the
former Macy's mall entrance granted on April 19, 2005,
from April 19, 2006 to April 19, 2007.
The agent, George Figler, 3101 N. Federal Highway, Ft. Lauderdale, was present.
Chair Wische read the request. Mr. Figler explained market conditions have driven the
developer to delay the project. They had immediately went into permitting after the initial
approvals and expected to be finished with permitting within the next 30 to 60 days, with the
intent to build immediately thereafter. The construction is typically a 12-month build-out, and for
the movie business, they would like to be up by July of next year.
Motion
Mr. Cwynar moved to approve the request for site plan time extension approval for Muvico
Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on
April 19, 2005, from April 19, 2006 to April 19, 2007 subject to all staff comments. Ms.
Jaskiewicz seconded the motion that unanimously carried.
8. Other
None.
9. Comments by members
None.
10. Adjournment
Motion
A motion was made by Mr. Cwynar and seconded by Mr. Hay to adjourn. A vote was taken and
the motion unanimously carried. Meeting adjourned at 8:18 p.m.
(r'~lY_~
Catherine ~herry-GUberm~
Recording Secretary
052406
14
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 1,2006 (Noon)
D June 6, 2006
[8J June 20, 2006
D
D
May 15, 2006 (Noon)
D April 4, 2006
D April 18, 2006
D May 2, 2006
D May 16, 2006
March 20, 2006 (Noon.)
April 3,2006 (Noon)
June 5, 2006 (Noon)
Announcement
July 5, 2006 June 19,2006 (Noon) -".-
July 18, 2006 July 3, 2006 (Noon) ~,
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Development Plans
D New Business
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April 17,2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D
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D
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Consent Agenda
Public Hearing
Bids
City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on May 23,2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-104.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Fosters Mill (MPMD 05-010)
George Delarosa, President of Fosters Mill HOA
N/A
North side of Miner Road between Congress Avenue and Lawrence Road
Request for Master Plan ModifIcation of the Fosters Mill P.U.D. to reduce the minimum
side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback
from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the
minimum rear yard setback for pools from eight (8) feet to five (5) feet.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
{)fit-
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-104
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael W. RU~\t;
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
May 12, 2006
PROJECT NAME/NO:
Fosters Mill MPMD OS-OlD
REQUEST:
Master Plan Modification of the Fosters Mill P.U.D. to reduce the side yard
setback from ten (10) feet to eight (8) feet and rear yard setback from five
(5) feet to three (3) feet for construction of screened roof enclosures, and
rear yard setback for pools from eight (8) feet to five (5) feet.
PROJECT DESCRIPTION
Property Owners: Fosters Mill Homeowners Association, Inc.
Location: Fosters Mill (P.U.D.), north side of Miner Road between Congress
Avenue and Lawrence Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Side and Rear Setback Amendment for auxiliary structures
Acreage: 23.4 Acres
Adjacent Uses:
North:
Single-family residential (Meadows P.U.D.), classified Low Density Residential
(LDR) and zoned PUD;
South:
Right-of-way of LWDD L-20 Canal, then Right-of-way for Miner Road, and farther
south single-family residential (Citrus Glen P.U.D.), classified Low Density
Residential (LDR) and zoned PUD;
East:
Single-family residential (Meadows P.U.D.), classified Low Density Residential
(LDR) and zoned PUD; and
Staff Report
Memorandum No PZ-06-104
Page 2
West: Single-family residential (Lawrence Grove P.U.D.), classified Low Density
Residential (LOR) and zoned PUD and Whispering Pines Mobile Home Park in
unincorporated Palm Beach County, zoned Agricultural Residential (AR).
BACKGROUND
The Fosters Mill Homeowners Association is requesting that the Master Plan for Fosters Mill P.U.D. be
modified to reduce the minimum side and rear yard setbacks for screened roof enclosures and the rear
yard setback for pools, as described within the attached letter of request. More specifically, the request is
to reduce the side yard setback (opposite the zero side) for screened roof enclosures from the current
regulation of ten (10) feet to eight (8) feet, while reducing the rear yard setback of five (5) feet to three
(3) feet. Additionally, the HOA is requesting the reduction in the rear yard setback for pools from from
eight (8) feet to five (5) feet. (see Exhibit "B").
The subject plat is a single-family detached zero lot line residential development, comprised of 98 lots on
23.4 acres. The P.U.D. is located on the north side of Miner Road, between Congress Avenue and
Lawrence Road (see Exhibit "A" - Location Map). All 98 lots are developed.
Typical non-cul-de-sac lots are dimensioned 50 feet in width by 100 to 105 feet in depth. The P.U.D.
contains three (3) cul-de-sacs and some street curvature which creates a variety of pie-shaped lots. The
master plan tabular data indicates the required building setbacks are as follows: 20 feet front yard (15
feet for non-garage face), 10 feet and zero (0) side yard, 15 feet side comer and 15 feet rear yard. The
master plan tabular data also indicates the minimum setback for screened-roof enclosures as follows: 10
feet and zero (0) side yard, 15 feet side comer, and five (5) feet rear yard. (See Exhibit "c" - Master
Plan).
Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission.
ANALYSIS
The purpose and intent of setbacks is to create separation between units, principally for safety and
maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback
a certain distance from the property lines. The master plan shows the minimum setback requirements for
screened roof enclosures. Additionally, the master plan indicates minimum pool setbacks. The side setback
(opposite the zero side) is 10 feet for screened roof enclosures, the identical setback for pools. This has
created conflicts when a pool is installed in compliance with the master plan, and later the owner or
subsequent owner wishes to install an enclosure for the pool. Therefore, the Homeowners Association is
requesting to create different side setback regulations for the two, that result in a two (2) foot seperation
between the pool edge and the screened roof enclosure. This modification would resolve the conflict
existing on the master plan caused by requiring the same setback for pools and screened roof enclosures,
and as noted in the submittal from the Homeowners Association, would allow the residents more options
in the installation of these improvements. At the same time, the HOA is seeking added flexibility in locating
pools in the back yards by requesting a three(3)foot reduction in the required rear yard setback for pools,
from eight (8) feet to five (5) feet. As a result, the rear setback for screened roof enclosures would be
reduced from five (5) feet to three (3) feet to accommodate the enclosure of a pool.
This request was reviewed for consistency with the P.U.D. development standards in the Land
Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject
Staff Report
Memorandum No PZ-06-104
Page 3
request by focusing on the subject P.U.D. and comparing it with similar planned residential developments
that exist throughout the city. Many of the planned residential developments have pool setback
requirements that range between 8 and 12 feet for the side yard and screened roof enclosure setback
requirements between 7.5 and 10 feet. A review of the setback regulations in two nearby developments,
Lawrence Grove and Heather Lake (within the Meadows), reveals side yard screened roof enclosure
setbacks of eight (8) feet like that being requested by Fosters Mill. As far as rear setbacks, typical PUD
regulations allow pools to be constructed between 7 and 8 feet from the rear and screened roof enclosures
at (five) 5 feet.
The proposed request is relatively consistent with setbacks in adjacent developments, though allowing a
slightly greater rear yard encroachment. This modification of rear setbacks is however off-set by the fact
that all but eight (8) of the 98 lots within Fosters Mill either back up on the 20 foot perimeter buffer or one
of the lakes. It should be noted that screened roof enclosures are a common amenity within side and / or
rear yards for both planned residential developments and the traditional single family subdivisions, in
particular, when swimming pools are present.
After reviewing the setback regulations within other P.U.D. developments and acknowledging that the
request by Fosters Mill would also conform with certain citywide regulations, and taking into account the
fact that nearly all of the rear yards abut open space, staff believes the request to be reasonable and
would neither be injurious to the area nor detrimental to the public welfare. However, staff would
recommend that the eight (8) lots in which the rear yards do not abut open space, retain the current rear
yard setbacks for pool and screened roof enclosures (Lots 49, 50, 62, 63, 68, 69, 91 & 92).
RECOMMENDATION
The Planning and Zoning Division recommends that this request for Master Plan Modification be considered
non-substantial, and approved subject to the comments included in Exhibit "D" - Conditions of Approval.
Any additional conditions recommended by the Board or City Commission shall be documented accordingly
in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\Fosters MiII\MPMD OS-OlO\Staff Report.doc
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FOSTERS MILL HOMEOWNERS ASSOCIATION
c/o
FLORIDA COMMUNITY MANAGEMENT SERVICES, INC.
P.O. Box 9139 Coral Springs, FL 33075
Office (954) 346-6262 Fax (954) 346-6557
F cmsf1@hotmail.com
Monday, March 13,2006
Aftn: City of Boynton Beach, Florida
Planning & Development Board
Planning & Zoning Director
EXHIBIT B
The community of Fosters Mill in Boynton Beach, Florida is requesting a
change in our master plan. This change will help and improve our community by
allowing our residence more options when installing/adding screen enclosures and
screened roof enclosures.
The current Master Plan:
SIDE (opposite zero side) 10' (pool/spa & screened roof enclosures)
Rear setback 8' (pool/spa), 5' (screened roof enclosure)
Master Plan desired chanQe:
SIDE (opposite zero side) 10' (pool/spa)
SIDE (opposite zero side) 8' (screened roof enclosure)
REAR SETBACK 5' (pool/spa)
REAR SETBACK 3' (screened roof enclosure)
Thank You,
~J1t~
George Delarosa, President
Fosters Mill Homeowners Association, Inc.
Cell #561-951-6696
.......... Z.ro Lot LIrM Hom.t.u~ - (Clttw Glen)
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EXHIBIT C
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EXHIBIT "D"
Conditions of Approval
Project name: Fosters Mill
File number: MPMD 05-010
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The Homeowners Association is responsible for updating the master plan to X
reflect this modification approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. The rear yard setbacks for screened room enclosures and pools remain as is X
for Lots 49,50,62,63,68,69,91, & 92, due to rear yards not abutting
open space.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Foster Farm PUD\MPMD 05-01 O\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Fosters Mill P.U.D.
APPLICANT'S AGENT: George Delarosa - Vice PresidentrTreasurer Fosters Mill HOA
APPLICANT'S ADDRESS: Florida Community Management Service, Inc.
P.O. Box 9139 Coral Springs, FL 33075
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Fosters Mill P.U.D. to
reduce the side yard setback from ten (10) feet to eight (8) feet and rear yard setback from five (5)
feet to three (3) feet for construction of screened roof enclosures, and rear yard setback for pools from
eight (8) feet to five (5) feet.
LOCATION OF PROPERlY: Fosters Mill P.U.D.: North side of Miner Road between Congress
Avenue and Lawrence Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
x THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Foster Farm PUD\MPMD 05-010\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
1. Project:
Fosters Mill (MPMD 05-010)
Agent:
George Delarosa, President of Fosters Mill HOA
Owner:
N/A
Location:
North side of Miner Road between Congress Avenue and
Lawrence Road.
Description:
Request for Master Plan Modification of the Fosters Mill
P.U.D. to reduce the minimum side yard setback from ten
(10) feet to eight (8) feet and the minimum rear yard
setback from five (5) feet to three (3) feet for screened
roof enclosures, and to reduce the minimum rear yard
setback for pools from eight (8) feet to five (5) feet.
Chair Wische read the request and indicated staff recommends approval without any staff
conditions indicated. The agent, George Delarosa was present.
Mr. Breese, Principal Planner for the City indicated this request was similar to Citrus Glen
approximately a year ago. He explained this situation had a master plan with the same side
setback for pools and for screen rooms. That meant if someone built a pool, then sold and the
new owner decided to screen in the pool, the owner would have a problem because the screen
would be at waters edge on that side. He elaborated the applicant requested staff revisit the
issue and look at an eight foot setback for the screen room, and also look at allowing them more
flexibility for the construction of pools for the future. The request would reduce the rear yard
setback for pools from eight feet to five feet, thereby, at the same time, changing the screen
room enclosure for the rear yard setback from the existing five foot to three feet. The unique
issue with this PUD is almost every lot in the development either backs up on the 20 feet
landscape perimeter buffer, or on one of the lakes or common areas. There are eight lots,
which back up to other lots and for those lots, staff was recommending that they retain the
current master plan designation for rear, pool and screen enclosure setbacks.
Chair Wische opened and closed the floor for public comment.
The board discussed the item and noted the developer involved in designing the subdivision,
caused the issue with the setbacks. The developers should not have been allowed to develop
the subdivision the way they did. The board also noted with the common areas adjacent to the
affected properties that staff was recommending approval. It was a prior situation that required
the present request.
Motion
A motion was made by Mr. Casaine to approve the request for Master Plan Modification of the
Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet
and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof
enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5)
feet. Vice Chair Hay seconded the motion that unanimously passed.
F. Muvico Theaters
13
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VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4,2006 March 20, 2006 (Noon,) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3,2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
D D .'
May 2, 2006 April ]7,2006 (Noon) July 5, 2006 June 19,2006 (Noon) --
._=-~ --(
D May] 6, 2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon) _:.:.,,. --
- ;-=~:'.'
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D Administrative D Development Plans <-
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ D p.~) ....--.--;~..\
Public Hearing Legal ,,\ -::-j' ,
, J ::::>
D Bids D Unfinished Business _...... 'C-,)
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on May 23, 2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-094.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Forest Hill Lot 3, Block 2 (ZNCV 06-007)
Octavia Sherrod
City of Boynton Beach
South side ofS.W. 23rd Terrace approximately 255 feet west of S.W. 6th Street
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75)
feet to allow a thirty-four (34) foot variance for an odd shaped renmant lot as a result of 1-
95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence
within the R-I-AA single family zoning district; and
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of20 feet to
allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a
proposed single-family residence within the R-I-AA single family zoning district.
PROGRAM IMPACT: N/A
nSCALIMPACT: N/A
ALTERNATIVES: N/A
2- 0. ~~
De~i"Jt~l/ ITe"o,
Planning and Zo DIrector CIty Atto ey / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\Agenda Item Request Forest Hill Lot 3, B1k 2 ZNCV 06-007 6..20-06.dot
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
~
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-094
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
Michael W. Rum~
Planning and Zoning Director
Maxime Ducoste-A. ~ .
Planner
THRU:
FROM:
DATE:
May 4, 2006
Forest Hill Lot 3 (Main)/ ZNCV 0&007
PROJECf NAME/NO:
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy five (75) feet to allow a
thirty-four (34) foot variance, resulting in a forty-one (41) foot frontage for a proposed single-
family residence within the R-l-M single family zoning district;
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.C.2.a, requiring a minimum 20 foot rear yard setback to allow a five (5) foot
variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family
residence within the R-l-M single family zoning district.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant! Agent: Octavia Sherrod
Location: S.W. 23rd Terrace
Existing Land Use/Zoning: Low Density Residential (LDR)/R-l-M
Proposed Land Use/Zoning: No changes are proposed
Proposed Use: Single-family house
Acreage: 0.17 acre (7,509 square feet)
Adjacent Uses:
North:
Right-of-way for SW 23rd Avenue, and farther north the right-of-way for Interstate
95;
A single-family residence, zoned R-l-M, single family residential district;
South:
Staff Report
Memorandum No PZ-06-094
Page 2
East: A single-family house zoned R-1-AA, single family residential district; and
West: Buffer wall and the right-of-way for Interstate 95.
BACKGROUND
The subject property is located within the Forest Hill subdivision. It is currently vacant and zoned R-1-AA,
single-family residential dwelling district (see Exhibit "A" - Location Map). Currently, the subject
neighborhood is mostly developed with the exception of the subject lot, which has remained vacant due to
the physical configuration and the city's minimum lot restrictions. The Forest Hill subdivision was platted in
1957 with lot frontages ranging between 80 to 85 feet. Within the subdivision, the subject block (#2) was
originally composed of twelve (12) uniform lots (see Exhibit "B" - Plat Map). When Interstate 95 was created
in the early sixeties and late seventies land was expropriated, which included lots 1, 2, 12 and roughly half of
lots 3 and 11.The original lot lines were altered by the 1-95 construction resulting in the subject parcel having
less than seventy-five feet of frontage.
The subject parcel (Lot 3) has a frontage of 41 feet and a total area of 7,509 square feet. The parcel is also
the westernmost lot on the block, and therefore abutting the buffer wall for Interstate 95. It is a non-
conforming lot because it does not meet the minimum lot frontage required by the R-1-AA district regulations.
In this case, the provisions within Section 11.1.C., Non-conforming Lots are not applicable since the parcel is
no longer "a whole platted lot" and the frontage is less than 60 feet.
Mrs. Octavia Sherrod, applicant, and Manager of the city's Community Improvement Division is requesting the
above-referenced variances needed for a single-family residence on this substandard lot (see Exhibit "c" -
Proposed Building and Site Plan). It should be noted that the R-1-AA zoning district allows development of a
single-family residence.
The minimum lot regulations for a single-family dwelling in the R-1-AA zoning district are as follows (Chapter
2, Zoning, Section 5. D.2.a.):
. Lot area: 7,500 square feet in areas developed and/or platted prior to June 13, 1975
. Lot frontage: 75 feet
. Front setback: 25 feet;
. Rear setback: 20 feet;
. Side setbacks: 7.5 feet.
The applicant is proposing the follOWing lot characteristics and setbacks:
. Lot area: 7,509 square feet;
. Lot frontage: 41 feet;
. Front setback: 25 feet;
. Rear setback: 15 feet;
. Side setbacks: 7.5 feet.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
Staff Report
Memorandum No PZ-06-094
Page 3
involved and which are not applicable to other land~ structures or buildings in the same zoning
district.
b. mat the special conditions and circumstances do not result from the actions of the applicant.
c. mat granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other land~ buildings/ or structures in the same zoning district.
d. mat literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant
e. mat the variance granted is the minimum variance that will make possible the reasonable use of the
lanft building/ or structure.
f. mat the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff reviewed the requested variance emphasizing the applicant's response to the above criteria contained in
Exhibit "0". Staff concurs with the applicant's response to criteria ''b'' above that there exists special
conditions peculiar to the subject parcel, namely lot frontage and configuration. Staff acknowledges that the
previous expropriation action for the construction of the Interstate 95 caused the non-conformity by
extracting a portion of the original conforming lot, therefore meeting criterion 'Z7"above. Also, regardless of
what allowable use is proposed for Lot 3, unless assembled with adjacent properties, which are not available,
the subject variance for the lot frontage would be required, as the minimum variance needed to make
possible the reasonable use of the land.
Staff concurs with the applicant that special conditions and circumstances exist, related to lot configuration
and size, and the placement of a utility easement, that are not the result of actions by the applicant, therefore
satisfying criteria ''a''and ''b''above. It should be noted that the construction of a house on the subject lot,
within the required minimum setbacks would not likely be possible without lowering the liVing area below the
minimum standard of 1,500 square feet.
Further, staff also concurs with the applicant that the approval of the variances will not confer any special
privileges. The restrictions and physical conditions of the subject property, makes developing this lot
impossible without the subject variances. Accordingly, denial of the subject variance requests would deprive
the applicant of development rights enjoyed by those who have successfully developed other lots in the same
subdivision and block. Therefore, criteria "c"and "d"are satisfied.
With respect to criterion "e", which considers if the request is the minimum necessary to make possible the
reasonable use of the property, a unit design has been selected which just meets the city's minimum living
area requirement, which design is a factor of the setback restrictions as well as a required utility easement.
Along the western boundary of the subject property, parallel to the 1-95 right-of-way a twenty-four (24) foot
utility easement is required by the Utilities Department for a gravity sewer line and water line. Regardless of
building layout, any Single-family dwelling providing a minimum living area comparable to the existing
residences in the neighborhood would still encroach into the rear setback, and therefore, this proposed
application represents the minimum variance required in achieving the reasonable use of the land. It should
be noted that the lot located to the east of the subject property is developed, thereby preventing further land
assemblage to create a lot sufficient in size to comply with the minimum lot frontage. Further, it should also
be noted that the lot complies with the minimum width requirement along the rear; only the front dimension
Staff Report
Memorandum No PZ-06-094
Page 4
Staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On
the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood
including house sizes.
RECOMMENDATION
Based on the analysis contained herein, staff finds that a "hardship" exists. This request will not be injurious
to the area or detrimental to the public welfare, and the variances requested are the minimum necessary to
make possible the reasonable use of the land. Staff also concludes that the approval of the requested
variances will enhance the community by supporting new infill housing development in the neighborhood.
Therefore, staff recommends that the requested variances be approved, which grant relief from the Land
Development Regulations, Chapter 2-Zoning to allow:
1) A thirty (34 )-foot reduction from the seventy-five (7S) foot frontage required by code to allow a 41-foot
frontage; and
2) A S-foot reduction from the 20-foot rear yard setback required by code to allow a lS-foot side yard
setback.
No conditions of approval are recommended; however, any conditions of approval added by the Planning and
Development Board or the City Commission will be placed in the Exhibit "E/!'" Conditions of Approval.
MWRjMD
S:\Plannlng\SHARED\WP\PROJECTS\Forest Hill lot 3 (Main)\Staff Report.doc
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EXHIBIT 0
Statement of Special Conditions, hardships or reasons justifying the requested exception
or variance
A. The subject property is a vacant lot, which was originally platted with 85 feet of frontage. At
some point, when the Interstate 1-95 was enlarged, 44 feet was taken leaving 41 feet of
frontage for the subject lot. Therefore, special conditions and circumstances are peculiar to
the land. The majority of the other lots in this subdivision meet the standard frontage for the
R1-AA zoning district.
B. The sub-standard conditions of the lot existed prior to the applicant taking ownership of the
property. Further, along the westernmost part of the lot, a buffer wall separates the property
to 1-95. On the east side of the 1-95 wall, a water line and a gravity sewer line run north and
south, which requires no less than a twenty (20) foot easement. This technical requirement
makes this site difficult to develop without the requested variances.
C. The applicant wishes to construct a single-family, approximately 1952 square feet. This home
will be approximately the same size as the surrounding homes. The approval of these
variances will not confer any special privilege, since no other land exhibits the same special
conditions as the subject lot. And other lands which are sub-standards in the Rl-AA zoning
district have been developed with similar frontage.
D. Denying the variance request would deprive the applicant of the development right of this
property. Therefore this lot would remain vacant and would entice illegal dumpling.
E. The variances requested is the minimum variance it requires to build a single family, which
represents the minimum and reasonable use of the land. Further, the proposed single-family
house would meet all other building and site regulations.
F. The approval of the subject variances would meet the intent and purpose of the zoning code.
It would be consistent with the existing fabric and characteristic of the neighborhood including
house sizes.
G. The applicant could not acquire property on either side of the subject parcel as the lot to the
east is developed with a single family, while to the West is the Interstate 1-95 buffer wall.
EXHIBIT "E"
Conditions of Approval
Project name: Forest Hill Lot 3
File number: ZNCY 06-007
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\PJanning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Forest Hill Lot 3
APPLICANT'S AGENT: City Of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd.
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of
seventy five (75) feet to allow a thirty-four (34) foot variance, resulting in a forty-one
(41) foot frontage for a proposed single-family residence within the R-1-AA single
family zoning district;
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5.C.2.a, requiring a 20 foot rear yard setback to allow a five
(5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-
family residence within the R-1-AA single family zoning district.
LOCATION OF PROPERTY: S.W. 23rd Terrace
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
~.....
Location:
Description:
May 23, 2006
1501 Corporate Drive
Request for Height Exception approval to allow a
decorative hip roof over the proposed elevator shaft at a
height of 53 feet- 6 inches, a total of 18 feet above the 35
foot height limit for buildings constructed over parking in
the C-1 zoning district.
Chair Chair Wische presented the item and indicated staff recommended approval without any
staff comments.
Chair Wische opened and closed the floor for public hearing.
Motion
Ms. Jaskiewicz moved to approve the Request for Height Exception approval to allow a
decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18
feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning
district. Vice Chair Hay seconded the motion that unanimously carried.
D. Forest Hill Lot 3, Block 2
Zonin~ Code Variance
1. Project:
Owner:
Location:
Description:
Forest Hill Lot 3, Block 2 (ZNCV 06-007)
Agent: Octavia Sherrod
City of Boynton Beach
South side of SW 23rd Terrace approximately 255 feet
west of SW 6th Street.
Request for relief from the City of Boynton Beach land
Development Regulations, Chapter 2, Zoning, Section
5.C.2.a, requiring a minimum lot frontage of seventy-five
(75) feet to allow a thirty-four (34) foot variance for an odd
shaped remnant lot as a result of 1-95 taking, resulting in a
forty-one (41) foot frontage for a proposed single-family
residence within the R1-AA single family zoning district;
and
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section
5.C.2.a, requiring a minimum rear yard setback of 20 feet
to allow a five (5) foot variance, resulting in a fifteen (15)
foot rear yard setback for a proposed single-family
residence within the R1-AA single-family zoning district
Mr. Breese explained the applicant is the City of Boynton Beach and further explained
Community Development is looking to infill develop the lot. The northwest comer of the lot was
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
~.c::":~
taken with 1-95 taking. In order to fit a reasonable home on the property, a variance would be
needed and the home would need to be situated further back on the property. The City of
Boynton Beach assists first time homebuyers.
Chair Wische opened the floor for public comments.
Ms. Maryann Tillet, 710 SW 23rd Terrace, explained the property is a small pie shaped
property and expressed concern that the home will be right on, top of her driveway. She was
concerned about her property being ruined by the construction vehicles encroaching on her
property to access the lot. She explained her neighbor Olga Correa was opposed to the request
and believed the home would be undersized and not in keeping with the character of the
neighborhood.
Mr. Cwynar indicated he would not vote and would step down to speak to the board. He
clarified he lives in the subdivision. Assistant City Attorney indicated he did not need to file a
conflict of interest and could vote and requested he limit his comments from the dias.
Ms. Tillet explained her driveway is on the left side of the lot and there is a wall that comes out
at an angle. They would have to encroach on her property to access the parcel. She explained
the City, when they maintain the lot, used to drive across her lot to do the work. She also
indicated he was interested in purchasing the lot, but did not receive a complete answer and
was unaware the County owned it.
Chair Wische closed the public hearing.
Mr. Cwynar explained he lived in the subdivision since 1974. He expressed with the increase in
home values, the lot is not the appropriate location to put the home. He concurred with Ms.
Tillet and announced the wall is very close to the lot and thought the City should make a
handsome offer to purchase the lot and not build a home there.
The board discussed the request and some members indicated it would be a mistake to put the
home there. The property has 80 or more feet of frontage.
Mr. Breese explained the property meets the minimum requirements for lot area and the home
would meet the setback requirements for the front and side yards, but would need 5 ft reduction
from the rear yard setback.
The board further discussed the property meets the criteria for a variance with the 1-95 taking
and meets all the requirements other than the frontage requirements. The board noted the lot is
much bigger than some of the lots that were approved by the board earlier in the meeting.
Motion
Mr. Saberson moved for approval of the request subject to all of staffs recommendations.
Ms.Jaskiewicz seconded the motion. A vote was taken and the Recording Secretary called the
roll. Motion passed 4 to 3, with Chair Wische, and Messrs. Cwynar and Casaine dissenting.
E. Fosters Mill
Master Plan Modification
12
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CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon)
0 April] 8, 2006 April 3, 2006 (Noon) r8;] June 20, 2006 June 5, 2006 (Noon)
0 May 2,2006 April] 7,2006 (Noon) 0 July 5, 2006 June] 9,2006 (Noon)
0 May 16,2006 May],2006 (Noon) 0 July] 8,2006 July 3, 2006 (Noon)
-,' -
0 Administrative 0 Development Plans 1'.)
NATURE OF 0 Consent Agenda 0 New Business ~-:-
AGENDA ITEM r8;] Public Hearing r8;] Legal -:_~ ~-::t
,
0 Bids 0 Unfinished Business r<, ~T1 cr:;
,~,n -IT;
0 Announcement 0 Presentation ~ -) --
-.1 [Y1(.~
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance First Reading. The Planning and Development Board, recommended that the subject request be
approved on May 23,2006. For further details pertaining to the request, see attached Department Memorandum No. 06-073.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
Aspen Glen (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road
Request to annex subject property (9.34 acres).
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Planning and Z g Director ity Atto / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Aspen Glen\ANEX\Agenda Item Request Aspen Glen ANEX 06- 066-20-06,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORlDA, ANNEXING 9.34+/- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
'7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABL Y COMPACT ADDITION TO THE
9 CITY BOUNDARlES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
1 '7 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Lawrence Development Group, LLC., owner, by and through their
23 agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more
24 particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of
25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
26 purpose of annexing a certain tract of land consisting of approximately 9.34+/- acres; and
2'7 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
S :\CA \Ordinances\Planning\Annexations\Annexation - Aspen Glen.doc
1
1 annexation, constitute a reasonably compact addition to the City boundary.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section I.
That each and every Whereas clause is true and correct.
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5
6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
7 unincorporated and contiguous tract of land situated and lying and being in the County of
8 Palm Beach, Florida, to wit:
9 SEE EXHIBIT "An ATTACHED HERETO
10
11 Containing: 406,766 Square Feet Or 9.338 Acres More or Less.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
1 7 and become part of the City with the same force and effect as though the same had been
18 originally incorporated in the territorial boundaries thereof.
19
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
20 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
21 described in Section 2 of this Ordinance.
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
22
23 zoning designation and Land Use category is being determined as contemplated in Section
24 171.162(2), Florida Statutes.
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
25
S:\CA \Ordinances\Planning\Annexations\Annexation - Aspen Glen.doc
2
1 repealed.
2 Section 6: Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
4 the remainder of this Ordinance.
5
Section 7:
This Ordinance shall not be passed until the same has been advertised
6 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
7 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
8
Section 8.
This ordinance shall become effective immediately upon passage.
9
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
10 Circuit Court of Palm Beach County, Florida.
11
FIRST READING this ~ day of
,2006.
12 SECOND, FINAL READING and PASSAGE this ~ day of ~_.~, 2006.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner -- Robert Ensler
Commissioner -- Mack McCray
ATTEST:
Commissioner -- Muir C. Ferguson
City Clerk
(Corporate Seal)
S:\CA \Ordinances\Planning\Annexations\Annexation - Aspen Glen.doc
3
LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT -OF - WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS,
AND RIGHTS-OF- WAY OF RECORD.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 06-073
Chair and Members
Planning and Development Board and
Mayor and City Commission
Kathleen Zeitler ~
Planner ~
Michael W. Rumpf!'-
Director of Planning and Zoning
May 16, 2006
Aspen Glen PUD/ANEX 06-006 and LUAR 06-013
Annexation of a 9.34-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units
per acre (MR-5) to Low Density Residential (LDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Lawrence Development Group, LLC
Leonard Albanese (Managing Member)
Bradley Miller
Miller Land Planning Consultants, Inc.
7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres)
3904 71st Lane 5 (PCN: 00-43-45-07-00-000-3060) (4.8 acres)
(see Exhibit "A")
9.34 acres
Palm Beach County Medium Density Residential (MR-5)
(max. 5.0 du/ac)
Palm Beach County Agricultural-Residential (AR)
Low Density Residential (LOR) (max. 4.84 du/ac)
Planned Unit Development (PUD)
45 single-family detached zero lot line homes
Page 2
File Number: LUAR 06-013
Aspen Glen PUD
Adjacent Uses:
North:
Single-family residential development (Jonathan's Grove) within
the City of Boynton Beach designated Low Density Residential
(LDR) and zoned Rl-A;
South:
Single-family zero-lot line residential development (Nautica Sound
Phase I) within the City of Boynton Beach designated Low Density
Residential (LOR) and zoned Planned Unit Development (PUD);
East:
Single-family zero-lot line residential development (Nautica Sound
Phase II) within the City of Boynton Beach designated Low
Density Residential (LDR) and zoned Planned Unit Development
(PUD);
West:
Right-of-way for Lawrence Road, and further west, single-family
zero-lot line development (Palmyra Estates) within unincorporated
Palm Beach County designated MR-S and zoned PUD. To the
southwest across Lawrence Road, single-family zero-lot line
residential development (Anderson PUD) within the Oty of
Boynton Beach designated Low Density Residential (LOR) and
zoned PUD.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment, and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary; and,
4. The requested land use and zoning are consistent with surrounding development.
PROJECT ANALYSIS
Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, LlC is proposing to
annex into the Oty of Boynton Beach 9.34 acres located on the east side of Lawrence Road
approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of
frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated
residential parcels (7216 Lawrence Road, and 3904 71st Lane South) having a total of (4) units
according to County Property Appraiser records.
Page 3
File Number: LUAR 06-013
A'5pen Glen PUD
Accompanying this request for annexation are requests to amend the Future Land Use Map of the
Comprehensive Plan to classify the annexed land as "low Density Residential" and to rezone this
property to a Planned Unit Development (PUD). The proposed PUD would provide for the
construction of 45 single-family zero-lot line dwelling units with a gross density of 4.82 dwelling
units per acre. Because the subject property is less than ten (10) acres, the Florida Department of
Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large-
scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to
forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local
comprehensive plans prior to adoption.
The subject property is surrounded on the south and east by the Nautica Sound PUD single-family
zero lot line development, to the north by the Jonathan's Grove Single-family development, and to
the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson
PUD. The proposed density and type of residential use (zero lot line) is consistent with the
development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will
be compatible with the adjacent Jonathan's Grove Subdivision.
Master Plan
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1)
internal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-Of-way is
located through the middle of the subject property due to the narrowness of the parcel. A total of
45 single-family lots are proposed with access only from the internal street. The Master Plan
indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet).
Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on
the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum
lot coverage is 58% (2,875 square feet).
Following approval of this request for annexation, land use amendment, and rezoning, the project
will require a site plan approval and plat approval prior to the issuance of any building permits for
the project. The attached conditions of approval for the Master Plan (see Exhibit "C") specify some
of the more important requirements of the forthcoming site plan approval, platting, and permitting.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's n'sk
manager. The planning department shall also recommend limitations or
Page 4
File Number: LUAR 06-013
Aspen Glen PUD
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The subject property is not located in the hurricane evacuation zone, therefore the referenced
policy is not applicable; however, other applicable objectives and policies contained in the
comprehensive plan include:
''Policy 1.17.5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approximate number and
type of dwellings for which the demand has been projected in the Housing
and Future Land Use Elements"
The subject property is located in the City's future annexation area, and is located outside the
area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The
proposed project is similar in density and type of development to the subdivisions surrounding
it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family
homes, as proposed on this site, offsets the recent trend in the City to develop multi-family
projects and townhouses, thereby increasing the range of housing choices available to the
market, and providing consistency with Policy 1.19.1. However, in this area we have
consistently approved single-family projects, not multi-family and townhome projects.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
developments surrounding the site. The proposed PUD is for a single-family residential
community that is complimentary to the development patterns in the area along the Lawrence
Road corridor, especially adjacent developments.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed land use amendment and rezoning are the minimum changes to the property, to
naturally accompany the annexation of this property from Palm Beach County. The proposed
amendment is consistent with the future land use classification as recommended on the Future
Land Use Map for this unincorporated area, and is consistent with surrounding land uses and
zonings, both in the City and the adjacent unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other publiC facilities.
Page 5
File Number: LUAR 06-013
Aspen Glen PUD
The proposed land use amendment and rezoning is compatible with utility systems, roadways,
and public facilities. The City already provides water and sewer service to the subject property.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 19,350
gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. With respect to
solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity
exists to accommodate the county's municipalities throughout the 10-year planning period.
The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic
generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road.
The Palm Beach County Traffic Division has reviewed and approved the project for traffic
concurrency and notes a project build-out date of 2008.
Approval is pending from the School District of Palm Beach County in determining that adequate
capacity exists to accommodate the projected student population generated from the proposed
project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of
Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building
permit application, and must satisfy all requirements of the city and local drainage permitting
authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. Surrounding development is low density residential developed at a density of 4.84
dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per
acre. The current uses within adjacent developments are all single-family residential
(detached), with most being zero lot line development, similar to the proposed project.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is physically developed with a total of 4 dwelling units under the existing County
zoning district. However, the two (2) existing parcels are much larger than surrounding PUD
development, and at a lesser density than allowed by the County MR-S land use designation. If
redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the
subject property would need to be rezoned from AR to another County residential district
consistent with MR-5. Economically, it is conducive for the property to be developed similar to
the surrounding residential PUD development, whether developed in the City (45 units) or the
County (46 units). However, the subject property should be developed in the City because it is
an enclave surrounded on 3 sides by city limits, is located in the City's annexation area, and
already receives city utilities and services.
Page 6
File Number: LUAR 06-013
Aspen Glen PUD
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed land use amendment and rezoning will allow for development of single-family
zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing
development. The size of the subject parcel will afford a development similar in nature to
surrounding residential development, and will contribute to the range of housing opportunities
available in the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The subject property is located in the City's annexation area and designated for Low Density
Residential development. Both the type of housing (single-family detached zero lot line) and
density (4.82 units per acre) proposed for the PUD is consistent with surrounding development
in the City. There are very few comparable-sized vacant parcels within the City which could
accommodate such a development.
CONCLUSIONS/RECOMMENDATIONS
In conclusion, and as indicated herein:
1. This request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
4. The requested land use and zoning are consistent with surrounding development;
5. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
6. The proposed development will contribute to the overall economic development of the
City.
In addition, the proposed Master Plan meets the minimum requirements of the City's Land
Development Regulations. Therefore, staff recommends approval of the request for
annexation, land use amendment, and rezoning subject to satisfying all recommended
conditions (see Exhibit "c" - Conditions of Approval).
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "C".
ATTACHMENTS
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EXHIBIT "C"
MASTER PLAN
Conditions of Approval
Project name: Aspen Glen
File number: LUAR 06-013
Reference: 2nd review plans identified as a Master Plan with a May 15,2006 Planning and Zoning date stamp
marking.
. "
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
-~
Comments:
--
1. At the time of site plan submittal, provide a master storm water management X
plan outlining the primary and secondary drainage and storm water treatment
facilities needed for the subdivision. The master storm water management
plan shall consist of an engineering drawing; a written report indicating the
method of drainage; existing water elevations; recumng high water
elevations; the proposed design water elevations; one hundred-year storm
elevation; drainage structures; canals; ditches; storm water treatment
methods; necessary percolation; detention and management areas; and any
other information pertaining to the control and management of storm and
ground water. (Chapter 3, Article IV, Section 3.T.)
UTILITIES
Comments:
2. The proposed Master Plan is an existing site located within the Utilities' X
service area, and is located where water and sanitary sewer utility support is
available. Additional comments will be provided at the time of site plan
submittal.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ANEX 06-006, LUAR 06-013
CONDITIONS OF APPROVAL
OS/22/06
PAGE 2
, ,
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTERlENVIRONMENT ALIST
Comments:
3. At the time of site plan submittal, the applicant must indicate the disposition X
of the existing trees on the site in accordance with the Tree Preservation
Ordinance.
PLANNING AND ZONING
Comments:
4. Prior to site plan approval, the project must obtain approval from the School X
District of Palm Beach County regarding school concurrency.
5. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program, and must demonstrate their participation. The
fees associated with this program due at the time of permitting.
6. If potable water is to be used for irrigation purposes, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conserving designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Aspen Glen\LUAR\COA.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
He requested the board consider the concerns of the residents In order to preserve the
neighborhood character.
Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not
believe the plan was in character with the neighborhood, and would change it. She indicated
100 sf of lot frontage is needed.
Chair Wische closed the floor to public comments.
The Jot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf
with 25 ft front and rear yard setbacks and 10ft side setbacks. The zoning on S. Lake Drive
was also R1-AAB. Some board members questioned how more restrictive zoning could be
instituted than the zoning already in place. Staff indicated the request was for 22 homes and is
now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1-
AAB frontage and minimum lot areas.
David Paladino, owner of the former Grimes Aerospace warehouse was present and explained
he wants the project to be high quality. He would encourage individuals to purchase two lots
and place one home on them. He further explained originally he was speaking with a developer
who wanted to put 300 town homes, and reconsidered the request. He thought considering the
property was Industrial, that the new zoning would be an improvement.
Motion
Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach
County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential subject to
all staff comments. Mr. Casaine seconded the motion, which unanimously carried.
B. Aspen Glen
Annexation
1 . Project:
Aspen Glen (Anex 06-006)
Agent:
Bradley Miller, Miller Land Planning Consultants, Inc.
Owner:
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
Location:
East side of Lawrence Road, approximately 1,000 feet
south of Hypoluxo Road
Description:
Request to annex subject property (9.34 acres).
Bradley Miller, Miller land Planning Consultants, Inc., was present and requested the land be
annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD).
He explained they are finalizing the site plan application which will come back before the board
at a later time. In reference with all three requests, he indicated he is in agreement with all of
staffs conditions for them.
Vice Chair Hay left the dias at 7:43 p.m.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Kathleen Zeitler, City Planner indicated staff recommended approval and the requests were
consistent with the City's adopted policies and regulations. She reported the request is
compatible with the surrounding subdivisions of Nautica Sound and Jonathans Grove.
Vice Chair Hay returned to the dias at 7:46 p.m.
Chair Wishce opened and closed the public hearing.
The typical lot size will be 45 feet by 110 feet, for a total of 4, 950 sf and a maximum lot
coverage of 50 percent. Nautica Sound is also a zero lot line subdivision having the same
density. Jonathans Grove subdivision has single-family detached homes with the same density
as Aspen Glen.
Ms. Sharon Grcevic indicated there was a strip of land between the two parcels and received
clarification that the project was immediately adjacent to Jonathan's Grove and the two parcels
were contiguous.
The board discussed a project that was recommended for denial, but approved in March by the
City Commission for 90 town homes on less acreage than the request. Ms. Zeitler explained
this project has 45 detached single-family homes.
Motion
A motion was made by Mr. Cwynar to approve the annexation of the subject property subject to
all staff comments. Vice Chair Hay seconded the motion that unanimously carried.
land Use Amendment/Rezoning
2. Project:
Aspen Glen (Anex 06-013)
Agent:
Bradley Miller, Miller Land Planning Consultants, Inc.
Owner:
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
location:
East side of Lawrence Road, approximately 1,000 feet
south of Hypoluxo Road
Description:
Request to amend the Comprehensive Plan Future Land
Use Map from Medium Density Residential (MR-5, Palm
Beach County) to Low Density Residential (LOR); and
Request to rezone from Agricultural Residential (AR, Palm
Beach County) to Planned Unit Development (PUD)
Proposed Use:
45 Zero lot line Single-family homes
Kathleen Zeitler indicated staff recommended approval subject to all staff conditions.
Chair Wische opened and closed the floor for public comments.
9
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VIII.-PUBLIC HEARING
ITEM E.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006
0 April] 8,2006 April 3,2006 (Noon) rg] June 20, 2006
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006
0 May 16,2006 May],2006 (Noon) 0 July] 8, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
June] 9,2006 (Noon) _._'"
~-.:...
July 3, 2006 (Noon) r~.)
~~
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM rg] Public Hearing rg] Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
r:;,
crt
-~~CG
~r~-'l
:~,~g
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance First Reading. The Planning and Development Board recommended that the subject request be
approved on May 23,2006, subject to all staff comments. For further details pertaining to the request, see attached
Department Memorandum No. 06-073.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
Aspen Glen (LUAR 06-013)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map from Medium Density
Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and
LOCATION:
DESCRIPTION:
Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit
Development (PUD).
Proposed use:
45 zero lot line single-family homes
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~-W, ~ f: ~
Development Departm~ irector
P~~l.d l~o, C,ty Arto ey / Fmanoe / Human R<<muc<<
S:\Planning\SHARED\WP\PROJECTS\Aspen Glen\LUAR\Agenda Item Request Aspen Glen LUAR 06-0] 3 6-20-06.dot
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
{;I1rG
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY LAWRENCE DEVELOPMENT GROUP,
8 LLC., AND LOCA TED ON THE EAST SIDE OF
9 LAWRENCE ROAD, APPROXIMATELY 1,000 FEET
10 SOUTH OF HYPOLUXO ROAD; CHANGING THE
11 LAND USE DESIGNATION FROM PALM BEACH
12 COUNTY MEDIUM RESIDENTIAL (MR-5) TO LOW
13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
3 1 herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the east side of
4 Lawrence Road, approximately 1,000 feet south ofHypoluxo Road in Boynton Beach, Florida
5 shall be changed from Palm Beach County Medium Residential (MR-5) and shall now be
6 designated as Low Density Residential (LDR):
7
8 See Exhibit "A" attached hereto.
9
10 Containing: 406,766 square feet or 9.338 acres more or less.
11
12 Subject to easements, restrictions, reservations, covenants and rights of way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
26 special act, the provisions of state act shall control.
27
FIRST READING this _ day of
,2006.
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
1
SECOND, FINAL READING and PASSAGE this __~_ day of
,2006.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
2 1 City Clerk
22
23 (Corporate Seal)
24
Mayor- Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert EnsJer
Commissioner - Mack McCray
Commissioner Muir C. Ferguson
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF _ WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT -OF - WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEETI9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERV A TIONS, COVENANTS,
AND RIGHTS-OF- WAY OF RECORD.
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF LAWRENCE DEVELOPMENT
6 GROUP, LLC, AMENDING ORDINANCE 02-013
7 TO REZONE A PARCEL OF LAND LOCATED ON
8 THE EAST SIDE OF LA WRENCE ROAD,
9 APPROXIMATELY 1,000 FEET SOUTH OF
10 HYPOLUXO ROAD, AS MORE FULLY
11 DESCRIBED HEREIN, FROM PALM BEACH
12 COUNTY AGRICULTURAL-RESIDENTIAL (AR)
13 TO PLANNED UNIT DEVELOPMENT (PUD);
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
1 9 and
20 WHEREAS, Lawrence Development Group, LLC, owner of the property located on
21 the east side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road in
22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of
24 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
25 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
26 Palm Beach County Agricultural-Residential (AR) to Planned Unit Development (POO); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:ICA 10rdinanceslPlanninglRezoninglRezoning - Aspen Glen.doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing Whereas clauses are true and correct and incorporated
7
8 herein by this reference.
Section 2.
The following described land located on the east side of Lawrence
9
10 Road, approximately 1,000 feet south of Hypoluxo Road in the City of Boynton Beach,
11 Florida, as set forth as follows:
12
13 SEE ATTACHED EXHIBIT "A"
14
15 Containing: 406, 766 square feet or 9.338 acres more or less.
16
1 7 Subject to easements, restrictions, reservations, covenants and
18 rights-of-way of record.
19
20 be and the same is hereby rezoned from Palm Beach County Agricultural-Residential (AR) to
21 Planned Unit Development (PUD). A location map is attached hereto as Exhibit "B" and
22 made a part of this Ordinance by reference.
23 Section 3.
24 accordingly.
25 Section 4.
26 repealed.
27 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
S:ICAIOrdinancesIPlanning\RezoningIRezoning - Aspen Glen.doc
1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3 Section 6. This ordinance shall become effective immediately upon passage.
4
FIRST READING this _ day of
,2006.
5 SECOND, FINAL READING and PASSAGE this _ day of ___, 2006.
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)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner-- Mack McCray
Commissioner ~ Muir C. Ferguson
S:\CA \Ordinances\Planning\Rezoning\Rczoning - Aspen Glen.doc
LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS,
AND RIGHTS-OF- WAY OF RECORD.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-073
Chair and Members
Planning and Development Board and
Mayor and City Commission
Kathleen Zeitler ~
Planner ~
Michael W. Rumptf
Director of Planning and Zoning
May 16, 2006
Aspen Glen PUD/ANEX 06-006 and LUAR 06-013
Annexation of a 9.34-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units
per acre (MR-5) to Low Density Residential (LDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Lawrence Development Group, LLC
Leonard Albanese (Managing Member)
Bradley Miller
Miller Land Planning Consultants, Inc.
7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres)
3904 71st Lane S (PCN: 00-43-45-07-00-000-3060) (4,8 acres)
(see Exhibit "A")
9.34 acres
Palm Beach County Medium Density Residential (MR-5)
(max. 5.0 du/ac)
Palm Beach County Agricultural-Residential (AR)
Low Density Residential (LOR) (max. 4.84 du/ac)
Planned Unit Development (PUD)
45 single-family detached zero lot line homes
Page 2
File Number: LUAR 06-013
Aspen Glen PUD
Adjacent Uses:
North:
Single-family residential development (Jonathan's Grove) within
the City of Boynton Beach designated Low Density Residential
(LDR) and zoned Rl-A;
South:
Single-family zero-lot line residential development (Nautica Sound
Phase I) within the City of Boynton Beach designated Low Density
Residential (LDR) and zoned Planned Unit Development (PUD);
East:
Single-family zero-lot line residential development (Nautica Sound
Phase II) within the City of Boynton Beach designated Low
Density Residential (LDR) and zoned Planned Unit Development
(PUD);
West:
Right-of-way for Lawrence Road, and further west, single-family
zero-lot line development (Palmyra Estates) within unincorporated
Palm Beach County designated MR-S and zoned PUD. To the
southwest across Lawrence Road, single-family zero-lot line
residential development (Anderson PUD) within the City of
Boynton Beach designated Low Density Residential (LDR) and
zoned PUD.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment, and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary; and,
4. The requested land use and zoning are consistent with surrounding development.
PROJECT ANALYSIS
Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, LLC is proposing to
annex into the City of Boynton Beach 9.34 acres located on the east side of Lawrence Road
approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of
frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated
residential parcels (7216 Lawrence Road, and 3904 71st Lane South) having a total of (4) units
according to County Property Appraiser records.
Page 3
File Number: LUAR 06-013
Aspen Glen PUD
Accompanying this request for annexation are requests to amend the Future Land Use Map of the
Comprehensive Plan to classify the annexed land as "Low Density Residential" and to rezone this
property to a Planned Unit Development (PUD). The proposed PUD would provide for the
construction of 45 single-family zero-lot line dwelling units with a gross density of 4.82 dwelling
units per acre. Because the subject property is less than ten (10) acres, the Florida Department of
Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large-
scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to
forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local
comprehensive plans prior to adoption.
The subject property is surrounded on the south and east by the Nautica Sound PUD single-family
zero lot line development, to the north by the Jonathan's Grove single-family development, and to
the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson
PUD. The proposed density and type of residential use (zero lot line) is consistent with the
development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will
be compatible with the adjacent Jonathan's Grove Subdivision.
Master Plan
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1)
internal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-of-way is
located through the middle of the subject property due to the narrowness of the parcel. A total of
45 Single-family lots are proposed with access only from the internal street. The Master Plan
indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet).
Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on
the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum
lot coverage is 58% (2,875 square feet).
Following approval of this request for annexation, land use amendment, and rezoning, the project
will require a site plan approval and plat approval prior to the issuance of any building permits for
the project. The attached conditions of approval for the Master Plan (see Exhibit "Cft) specify some
of the more important requirements of the forthcoming site plan approval, platting, and permitting.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
Page 4
File Number: LUAR 06-013
Aspen Glen PUD
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The subject property is not located in the hurricane evacuation zone, therefore the referenced
policy is not applicable; however, other applicable objectives and policies contained in the
comprehensive plan include:
"Policy 1.17. 5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approximate number and
type of dwellings for which the demand has been projected in the Housing
and Future Land Use Elements"
The subject property is located in the City's future annexation area, and is located outside the
area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The
proposed project is similar in density and type of development to the subdivisions surrounding
it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family
homes, as proposed on this site, offsets the recent trend in the City to develop multi-family
projects and townhouses, thereby increasing the range of housing choices available to the
market, and providing consistency with Policy 1.19.1. However, in this area we have
consistently approved single-family projects, not multi-family and townhome projects.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
developments surrounding the site. The proposed PUD is for a single-family residential
community that is complimentary to the development patterns in the area along the Lawrence
Road corridor, especially adjacent developments.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed land use amendment and rezoning are the minimum changes to the property, to
naturally accompany the annexation of this property from Palm Beach County. The proposed
amendment is consistent with the future land use classification as recommended on the Future
Land Use Map for this unincorporated area, and is consistent with surrounding land uses and
zonings, both in the City and the adjacent unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Page 5
File Number: LUAR 06-013
Aspen Glen PUD
The proposed land use amendment and rezoning is compatible with utility systems, roadways,
and public facilities. The City already provides water and sewer service to the subject property.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 19,350
gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. With respect to
solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity
exists to accommodate the county's municipalities throughout the lO-year planning period.
The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic
generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road.
The Palm Beach County Traffic Division has reviewed and approved the project for traffic
concurrency and notes a project build-out date of 2008.
Approval is pending from the School District of Palm Beach County in determining that adequate
capacity exists to accommodate the projected student population generated from the proposed
project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of
Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building
permit application, and must satisfy all requirements of the city and local drainage permitting
authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. Surrounding development is low density residential developed at a density of 4.84
dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per
acre. The current uses within adjacent developments are all single-family residential
(detached), with most being zero lot line development, similar to the proposed project.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is physically developed with a total of 4 dwelling units under the existing County
zoning district. However, the two (2) existing parcels are much larger than surrounding PUD
development, and at a lesser density than allowed by the County MR-5 land use designation. If
redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the
subject property would need to be rezoned from AR to another County residential district
consistent with MR-5. Economically, it is conducive for the property to be developed similar to
the surrounding residential PUD development, whether developed in the City (45 units) or the
County (46 units). However, the subject property should be developed in the City because it is
an enclave surrounded on 3 sides by city limits, is located in the City's annexation area, and
already receives city utilities and services.
Page 6
File Number: LUAR 06-013
Aspen Glen PUD
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed land use amendment and rezoning will allow for development of single-family
zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing
development. The size of the subject parcel will afford a development similar in nature to
surrounding residential development, and will contribute to the range of housing opportunities
available in the City.
h Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The subject property is located in the City's annexation area and designated for Low Density
Residential development. Both the type of housing (single-family detached zero lot line) and
density (4.82 units per acre) proposed for the PUD is consistent with surrounding development
in the City. There are very few comparable-sized vacant parcels within the City which could
accommodate such a development.
CONCLUSIONS/RECOMMENDATIONS
In conclusion, and as indicated herein:
1. This request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
4. The requested land use and zoning are consistent with surrounding development;
5. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
6. The proposed development will contribute to the overall economic development of the
City.
In addition, the proposed Master Plan meets the minimum requirements of the City's Land
Development Regulations. Therefore, staff recommends approval of the request for
annexation, land use amendment, and rezoning subject to satisfying all recommended
conditions (see Exhibit "C" - Conditions of Approval).
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "C".
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EXHIBIT "C"
MASTER PLAN
Conditions of Approval
Project name: Aspen Glen
File number: LUAR 06-013
Reference: 2nd review lans identified as a Master Plan with a Ma
marking
I ~
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION ~-
Comments:
1. At the time of site plan submittal, provide a master storm water management X
plan outlining the primary and secondary drainage and storm water treatment
facilities needed for the subdivision. The master storm water management
plan shall consist of an engineering drawing; a written report indicating the
method of drainage; existing water elevations; recumng high water
elevations; the proposed design water elevations; one hundred-year storm
elevation; drainage structures; canals; ditches; storm water treatment
methods; necessary percolation; detention and management areas; and any
other information pertaining to the control and management of storm and
ground water. (Chapter 3, Article IV, Section 3.T.)
UTILITIES
Comments:
2. The proposed Master Plan is an existing site located within the Utilities' X
service area, and is located where water and sanitary sewer utility support is
available. Additional comments will be provided at the time of site plan
submittal.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ANEX 06-006, LUAR 06-013
CONDITIONS OF APPROVAL
OS/22/06
PAGE 2
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments:
3. At the time of site plan submittal, the applicant must indicate the disposition X
of the existing trees on the site in accordance with the Tree Preservation
Ordinance.
PLANNING AND ZONING
Comments:
4. Prior to site plan approval, the project must obtain approval from the School X
District of Palm Beach County regarding school concurrency.
5. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program, and must demonstrate their participation. The
fees associated with this program due at the time of permitting.
6. If potable water is to be used for irrigation purposes, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conserving designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\WP\PROJECTS\Aspen Glen\LUAR\COA.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Motion
A motion was made by Mr. Cwynar to approve the request to amend the comprehensive plan
from Medium Residential MR-5 to Low Density Residential subject to all staff comments. Mr.
Hay seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Jaskiewicz to approve the request to rezone from Agricultural
Residential (Palm Beach County) to Planned Unit Development (PUD) subject to staff
comments. Mr. Casaine seconded the motion that unanimously carried.
C. Pylon Interstate Plaza
Conditional Use
1. Project:
Pylon Interstate Plaza (COUS 06-004)
Agent:
Steven L. Cohen
Owner:
Chambers Properties, LLC
Location:
1501 Corporate Drive
Description:
Request for conditional use/new site plan approval to
construct a two (2) story, 29,419 square foot building and
related site improvements on a 2.861 acre parcel in the
C-1 zoning district.
Chair Wische presented the item and asked the Agent, Mr. Cohen, if he agreed with all of staffs
comments.
The Agent, Steven L. Cohen indicated he was in agreement with all of the staff conditions.
Mr. Breese, Principal Planner indicated staff recommended approval.
Chair Wische opened and closed the floor for public hearing.
Motion
Vice Chair Hay moved to approve the request for a Conditional Use for new site plan approval
to construct a two (2) story, 29,419 square foot building and related site improvements on a
2.861-acre parcel in the C-1 zoning district with all staff comments. Mr. Casaine seconded the
motion.
Height Exception
2. Project:
Pylon Interstate Plaza (COUS 06-003)
Agent:
Steven L. Cohen
Owner:
Chambers Properties, LLC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VIII.-PUBLIC HEARING
ITEM F.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 Apri] 4, 2006 March 20,2006 (Noon,) 0 June 6, 2006 May ]5,2006 (Noon)
0 April] 8, 2006 Apri] 3, 2006 (Noon) [gJ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 Ju]y 5, 2006 June] 9,2006 (Noon)
0 May] 6, 2006 May 1,2006 (Noon) 0 Ju]y 18,2006 July 3, 2006 (Noon)
---l""~'.....
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---.'...
0 0 )
Administrative Development Plans r"v -....,-
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [gJ Public Hearing 0 Legal
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0 Bids 0 Unfinished Business -----;.J./
0 Announcement 0 Presentation '_'I --1;,
(5' r:-rl~
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on May 23, 2006, subject
to all staff comments. For further details pertaining to the request, see attached Department Memorandum No. 06-103.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza (COUS 06-004)
Steven L. Cohen
Chambers Properties, LLC
1501 Corporate Drive
Request for conditional use/new site plan approval to construct a two (2) story, 29,419
square foot building and related site improvements on a 2.861-acre parcel in the C-I
zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
N/A
N/A
N/A
Dev,,1~ep-U, .~
" I
J{) ~__
Planning and mg Director City Attorney / Finance / Human Resources
S:IP]anning\sHARED\WPIPROJECTSIPy]on Interstate Plaza\COUS 06-004\Agenda Item Request Pylon Interstate Plaza COUS 06-004 6-20-06.dot
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-103
FROM:
Chair and Members
Planning & Development Board
Michael RumPf~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 12, 2006
PROJECT:
Pylon Interstate Plaza / COUS 06-004
REQUEST:
Conditional Use approval for a 29,419 square foot office building
PROJECT DESCRIPTION
Property Owner: Chambers Properties LLC
Applicant: Neal G. Chambers
Agent: Steven L. Cohen
Location: 1501 Corporate Drive (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Offices
Acreage:
124,581 square feet / (2.86 acres)
Adjacent Uses:
North:
Right-of-way for Woolbright Road, then farther north is developed
commercial property (Racetrac gas station), zoned Community Commercial
(C-3);
South:
Vacant industrial property (retention pond for Boynton Commerce Center),
zoned Planned Industrial Development (PID);
East:
Two (2) story office building in Phase One, then farther east is right-of-way
for Corporate Drive, still farther east is developed commercial (Lowe's),
zoned Community Commercial (C-3);
Pylon Interstate Plaza - COUS 06-004
Page 2
Memorandum No. PZ 06-103
West:
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then
farther west is developed commercial (First Southern Bank). To the
southwest, a 60+/- foot portion of the subject property is adjacent (across
the canal) to developed residential property (Leisureville), zoned Single-
family residential (R-1AA).
BACKGROUND
Mr. Steven Cohen, agent for Chambers Properties, LLC is seeking conditional use / new site plan
approval for the construction of a 29,419 square foot office building. The applicant previously applied for
and received City Commission approval for this very same Phase 2 building in February of 2004, however
failed to submit timely for the necessary building permits or time extension. Therefore the approvals
have lapsed and a new application and approval are required. The subject application and site plan are
identical to the previously approved project, with the exception that the height was decreased by one (1)
inch, an interior hallway was slightly modified and landscaping changes were made to comply with
previous conditions of approval. The property is located approximately at the southwest corner of
Woolbright Road and Corporate Drive. Offices are permitted uses in the C-1 zoning district. The
maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2)
stories. However, according to Chapter 2, Section 6.A.3, two (2) floors over under-story parking is
allowed up to a maximum of 35 feet but subject to conditional use approval. The elevations (see Exhibit
"B'') show that the building will be three (3) stories tall. The first ''floor'' would primarily consist of the
parking lot under the building, storage area, and elevator shaft. The traditional office space would only
occur on the second and third stories. It must be noted that approval of this project is contingent upon
the approval of the accompanying request for height exception (HTEX 06-003). This is the second phase
of a two (2)-phase project. The first phase was approved in 1984, and subsequently constructed. The
original plan showed two (2) buildings for a total of 58,000 square feet of gross floor area.
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 standards.
The Planning and Development 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 subject to 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 conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
Pylon Interstate Plaza - COUS 06-004
Page 3
Memorandum No. PZ 06-103
The survey shows three (3) existing driveway openings to the subject property. The only driveway
opening, located on Woolbright Road allows for vehicular ingress / egress. The other two (2)
driveway openings are located on Corporate Drive. The opening located closest to the intersection to
Corporate Drive and Woolbright Road allows for both vehicular ingress / egress while the other one
only allows for vehicular egress. No openings would be altered as a result of this development other
than the installation of brick pavers. No new driveways are proposed. Direct access to the second
phase would occur by driving on one of the existing drive aisles that were developed as part of
Phase One construction.
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.
Required parking for offices is one (1) space per 300 square feet of gross floor area, including the
mechanical rooms, lobbies, and restrooms. The project proposes 29,419 square feet of floor area;
therefore, a total of 98 parking spaces would be required for Phase Two. The site plan shows that
32 new parking spaces are proposed under the building. Also, 34 surface parking spaces are
proposed for a total of 66 new parking spaces. The project would comply with the parking
requirements due to the excess parking developed during Phase One. According to the site plan
(sheet SP-1) tabular data, the area of the existing Phase One building plus the proposed Phase Two
building would equal 59,607 square feet. Both buildings would therefore, require 199 parking
spaces. The plan provides for 200 parking spaces. The applicant requested and the Engineering
Division approved an administrative waiver to allow the parking stalls to be dimensioned nine (9) feet
in width by 18 feet in length when the project received approvals in 2004. The applicant would be
required to renew the waiver request with this re-submittal (see Exhibit "C" - Conditions of
Approval). The dimensions would be consistent with the dimensions of the existing, constructed
parking stalls. The handicap stalls would be 12 feet in width (with five (5) feet of striping) and 18
feet in length. No new loading areas are required or proposed. The office use would have no impact
on glare, noise, and odor on the adjacent or neighboring properties or as the city as a whole.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (sheet SP-1) shows a new dumpster enclosure is proposed at the southwest comer of
the subject parcel. The location and angle of the proposed trash enclosure would efficiently facilitate
the removal of its contents due to the anticipated traffic flow and design of the garbage trucks. Its
location (on this proposed plan) is consistent with the site plan approved in 1984. Also, the
proposed landscape plan (sheet LP-1 of 2) shows that the new shrubs (Redtip Cocoplum) and trees
(Royal palm and Madagascar Olive trees) would surround the 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.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The landscape plan (sheet LP-1 of 2) shows that the project would contain 98 shade trees and 32
palm trees. The west landscape buffer is proposed at 10 feet in width. However, this portion of the
Pylon Interstate Plaza - COUS 06-004
Page 4
Memorandum No. PZ 06-103
subject property currently contains an existing Florida Power & Light (FP&L) utility easement No
modification or rerouting of the FP&L easement is proposed in conjunction with this Phase Two
development Therefore, the applicant must be cognizant of the plant material that FP&L would
allow within the easement. According to Chapter 2, Section 4.L. of the Land Development
Regulations, a buffer wall (6) feet in height or a solid row of hedges six (6) feet in height is required
where commercial property (in this case, the C-1 zoning district) abuts a 60-foot long stretch of
residential property (Boynton Leisureville) across the canal. The landscape plan shows that a row of
Sliver Buttonwood trees, Spanish Stopper and Cocoplum hedges would be installed within this buffer
and easement area. The 60-foot stretch of the subject property that is adjacent to residential
property across the canal would have the Spanish Stopper hedges installed at six (6) feet in height
These hedges (at six feet in height) would provide an immediate, substantial buffer. The proposed
plant material and their specifications would have to be approved by FP&L (see Exhibit "C"-
Conditions of Approval). Regardless, the Silver Buttonwood trees are proposed at approximately 10
feet apart, which places the trees closer together than the code required minimum spacing of 30 feet
on center.
A planting strip that would contain a mixture of trees, shrubs, and ground cover would surround the
entire building. More importantly, according to the landscape plan (sheet LP1 of 2), the planting
strip on the west side of the building would contain a row of Paurotis and Carpentaria palm trees,
installed at varying heights between eight (8) feet to 20 feet tall. These trees, installed at varying
heights, will help break up the massing of the building. Staff recommends installing trees of up to 35
feet in height (see Exhibit "c" - Conditions of Approval).
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
This project proposes a wall sign as shown on the north elevation (sheet A-4). The proposed sign
would be 39 square feet in area. A note on the elevation page indicates that the sign would be
backlit with 14-inch black channel letters. No additional monument signs are allowed since Phase
Two is a portion of the entire parcel, and a freestanding sign already exists.
Staff recommends the light fixture detail depict the type of baffling/shielding proposed to ensure
there is no light spillage onto adjacent properties and that the lighting element itself not be visible to
the residents to the southwest (see Exhibit "c" - Conditions of Approval).
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C-1 zoning district. The building
is proposed above the parking areas due to the limited area of the Phase Two portion of the site.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed office is a permitted use in the C-1 zoning district but because the parking area is
proposed underneath the building, it would only be allowed as a conditional use. In general, the
project is compatible with the existing uses in the surrounding area within the C-1 zoning district.
Furthermore, there are numerous other offices located within the immediate area. The proposed
building would be located within an area historically characterized by professional and medical
offices. The 1984 approved plan showed this parcel as earmarked for an office building. There will
Pylon Interstate Plaza - COUS 06-004
Page 5
Memorandum No. PZ 06-103
be minimal on-site impact and no adverse effects will occur from the proposed office use. There will
be little or no impact on the adjacent properties or the general area.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The proposed building is 35 feet in height and is considered a conditional use because the parking is
proposed underneath the building. According to Chapter 2, Section 4.F. the decorative roof over the
elevator shaft is eligible to be considered for a height exception. The peak or ridge of the standing
seam metal roof is 53 feet - six (6) inches in height or 18 feet - six (6) inches above the maximum
building height. Therefore, as proposed, the approval of this project is contingent upon the approval
of the accompanying request for height exception (HTEX 06-003). Although not identical in
appearance to the existing Phase One building, the applicant states that the proposed building has
been designed with green glass over the black glass, in part, to ''soften'' the appearance of the
building. The green glass in conjunction with the planting strip around the building would soften the
effect of the building as it relates to the residential neighborhood directly to the west.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed use will constitute additional convenience and choice for the members of the office
community, as well as providing additional convenience to residents who may patronize the
businesses. It is anticipated that Woolbright Road will continue to develop, redevelop, and intensify
as a professional office and medical district corridor. The proposed office would be an appropriate
use and welcomed addition for this site.
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, the proposed project would comply with all requirements of
applicable sections of city code.
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 office
building would operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all
conditions of approval contained in Exhibit "C". 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 obtain a building permit for this project.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COUS 06-004\Staff Report.doc
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EXHIBIT "A"
PCD
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EXHIBIT "e"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: CODS 06-004
Reference: I sl review plans identified as a Conditional Use with an April 18, 2006 Planning & Zoning date
ki
stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
I. There is a vertical conflict between the dumpster enclosure in the southwest X
corner and three Madagascar Olives proposed on either side of it. Replace
the Olives with a species of tree that will not conflict with the vertical
clearance required for Solid Waste pickup.
PUBLIC WORKS- Traffic
Comments:
2. An updated administrative waiver from Engineering will be required to use X
9 foot x 18 foot parking stalls. The applicant may use the standard under
which Phase I was constructed (B-9800 I) which allows for a minimum 9
foot x 18 foot stall with a 27 foot backup distance (aisle width) or may use
the current standard K-I which calls for a minimum 9 YJ-foot x 18 YJ-foot
stall with a 25 foot backup distance (aisle width.) The applicant may not
"mix and match" the two standards. Staff recommends the use of the older
standard drawing B-9800 1 for consistency between the two phases of the
project.
UTILITIES
Comments:
3. Please provide a time line that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
4. Show all utility easements on the site plan and landscape plans (as well as X
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. For instance a Live Oak is specified on
the east side of the new building where there is an existing 8-inch water
Conditions of Approval
2
I DEPARTMENTS \ INCLUDE I REJECT I
main and proposed meters and a fire line.
5. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed (or existing)
easements on the engineering drawings, using a minimum width of 12 foot
The easements shall be dedicated via separate instrument to the City as
stated in the CODE, Section 26-33(a).
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
7. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within 30 days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Appropriate backflow preventers will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
10. All utility construction details shall be in accordance with the Utilities X
Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
II. Design documents shall demonstrate compliance with Land Development X
Regulations Chapter 6, Section 16, which provides requirements for
hydrants. Hydrants in commercial applications shall not be more than 300
feet apart and the remotest part of any structure shall not be more than 200
feet from a hydrant. Connections shall be to water mains that are not less
than 6 inches in diameter. Domestic residential pressure shall not be less
than 20 psi and must maintain a fire flow of at least 1500\ gallons per
minute.
12. Where underground water mains and hydrants are to be provided, design X
documents, must demonstrate that they will be installed, completed, and in
service prior to construction work per NFP A, (1997) Section 41-2.3.2.
POLICE
DEPARTMENTS INCLUDE REJECT
~ ts: None X
ENGINEERING DIVISION
Comments:
13. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
14. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
15. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
16. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
17. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
18. Indicate within the site data the type of construction of the building as X
defined in 2004 FBC, Chapter 6.
19. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
20. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table
704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that
clearly reflect the percentage of protected and unprotected wall openings
permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section
R302.2.
21. 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 2004 FBC, Section 1609 (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.
Conditions of Approval
4
DEP ARTMENTS INCLUDE REJECT
22. Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject request.
23. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
24. 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.
25. 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)
26. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
27. 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 project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALlST
Comments:
Existinl! Trees Manal!ement Plan Sheet TS 1 of 1 X
28. The Landscape Architect should tabulate the total diameter inches
(approximately 200 diameter inches) of existing trees on the site proposed to
be removed and replaced on site. The replacement trees should be shown
by a separate symbol on the landscape plan sheet LP I of I.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
29. The Palm trees shown to be installed along the West and South perimeters X
of the building should be approximately 35 feet in height to help visually
DEPARTMENTS INCLUDE REJECT
screen the mass of the building from the adjoining residential properties.
PLANNING AND ZONING
Comments:
30. The approval letter from Palm Beach County Traffic Division for traffic X
concurrency will expire at the end of 2006. If the applicant believes the
building permits will not be issued prior to the end of the year, an updated
letter should be obtained from the County and submitted to the City.
31. The light fixture detail should depict the type of baffling/shielding proposed X
to ensure there is no light spillage onto adjacent properties and that the
lighting element itself will not be visible to the residents to the southwest.
32. Approval of this project is contingent upon the approval of the X
corresponding request for a height exception (HTEX 06-003).
X
33. Provide written verification from FP&L that they approve of the landscape
material proposed within their lO-foot wide utility easement. If FP&L does
not approve of the landscape material, then revise the plans to comply with
the City code requirements and those ofFP&L.
34. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COUS 06-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Steven L. Cohen
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006
TYPE OF RELIEF SOUGHT: Request Conditional Use approval for the second phase of construction
for a 29,419 square foot office building in a C-1 (Office Professional) zoning district on a 0.86 acre
site.
LOCATION OF PROPERTY: 1501 Corporate Drive Boynton Beach, FL.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COUS 06-004\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20,2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April] 8,2006 Apri13,2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
D April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon) , -'
May 2, 2006 ~-:. --;
D May 16,2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
r....)
.[:~-
D Administrative D Development Plans
~'J ..~
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing D Legal 1'::' --,-:'-..~
_:--"-1
D -~_'l
D Bids Unfinished Business c> I , ; : ;;=,
D Announcement D Presentation
D City Manager's Report
RECOMMENDA TION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing, to be combined with the corresponding request for conditional use approved. The Planning and Development Board,
recommended that the subject request be approved on May 23,2006. For further details pertaining to the request, see
attached Department Memorandum No. 06-102.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza (HTEX 06-003)
Steven L. Cohen
Chambers Properties, LLC
1501 Corporate Drive
Request for Height Exception approval to allow a decorative hip roof over the proposed
elevator shaft at a height of 53 feet- 6 inches, a total of 18 feet above the 35 foot height
limit for buildings constructed over parking in the C-l zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
ex Finance / Human Resources
erstate Plaza HTEX 06-003 6-20-06.dot
Planning and Zoni g irector
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\HTEX 06-003\Agenda Ite
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-102
FROM:
Chair and Members
Planning & Development Board
Michael RumPf~V
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 11, 2006
PROJECT:
Pylon Interstate Plaza / HTEX 06-003
REQUEST:
Height Exception
PROJECT DESCRIPTION
Property Owner:
Chambers Properties LLC
Applicant:
Neal G. Chambers
Agent:
Steven L. Cohen
Location:
1501 Corporate Drive (see Exhibit "A" - Location Map)
Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-l)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Office building
Acreage:
124,581 square feet / (2.86 acres)
Adjacent Uses:
North:
Right-of-way for Woolbright Road, then farther north is developed
commercial property (Racetrac gas station), zoned Community Commercial
(C-3);
South:
Vacant industrial property (retention pond for Boynton Commerce Center),
zoned Planned Industrial Development (PID);
East:
Two (2) story office building in Phase One, then farther east is right-of-way
for Corporate Drive, still farther east is developed commercial (Lowe's),
zoned Community Commercial (C-3);
West:
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then
farther west is developed commercial (First Southern Bank). To the
southwest, a 60+/- foot portion of the subject property is adjacent (across
the canal) to developed residential property (Leisureville), zoned Single-
family residential (R-1AA).
Page 2
Memorandum No. PZ 06-102
BACKGROUND
The applicant submitted a request for conditional use / site plan (CGUS 06-004) approval for the
construction of a 29,419 square foot office building. This application for a height exception accompanies
the request for conditional use / site plan approval. The applicant previously applied for and received City
Commission approval for this very same Phase 2 building in February of 2004 (including the height
exception), however failed to submit timely for the necessary building permits or time extension.
Therefore the approvals have lapsed and a new application and approval are required. The subject
property is located approximately at the southwest corner of Woolbright Road and Corporate Drive. The
maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2)
stories. However, according to Chapter 2, Section 6.A.3, two (2) floors over under-story parking is
allowed up to a maximum of 35 feet but subject to conditional use approval. The elevation (see Exhibit
"B") shows that the building will be three (3) stories tall. The first "floor" would primarily consist of the
parking lot under the building, mechanical rooms, lobby, and elevator shaft. The traditional office space
would only occur on the second and third stories.
ANALYSIS
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations 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. 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, the maximum building height in the C-1 zoning district is 30 feet. In
the C-1 zoning district, when proposed structures are to be built above subterraneous or ground level
parking lots, projects are considered conditional uses rather than a use permitted by right. Additionally,
conditional uses are different from permitted uses in that they must comply with a separate set of
developmental/performance standards. Also, in the C-1 zoning district, when a building is proposed
above the parking lot (as in this case), the maximum allowable building height can be increased from 30
feet to 35 feet. The building as shown on Sheet A-3 (see Exhibit "B'') is proposed at 35 feet in height.
Therefore, the proposed building complies with the maximum allowable building height in the C-1 zoning
district. The parapet wall (which screens the mechanical rooftop equipment) is proposed at 40 feet in
height. This parapet wall is not counted towards building height. However, the peak of the pitched
standing seam metal roof (proposed above the elevator shaft) would be 53 feet - six (6) inches in height.
The project therefore, would require an 18 feet - six (6) inch height exception.
Pitched roofs that conceal electrical and mechanical support systems are eligible to be considered for
height exceptions. In considering an application for exception to district height regulations, the City
Commission shall make findings indicating the proposed exception has been studied and considered in
relation to specific standards. The exception would not have an adverse effect on the existing and
proposed land uses. It is necessary to "hide" the elevator shaft and its mechanical equipment. It would
not severely reduce light and air in adjacent areas. The building would be setback over 56 feet from the
west property line and then further separated from other properties by the LWDD canal. The height
exception would not adversely effect property values in adjacent areas or adversely influence the living
conditions in neighboring communities. The pitched roof would provide an attractive feature to help
beautify what would ordinarily be a plain flat roof of an elevator shaft. According to the applicant, the
roof serves no other function aside from aesthetic value and appeal. The building could function without
the decorative roof, however, it would be a plain, flat, roofline. Granting of this height exception does
not constitute a special privilege to the current property owner. Staff feels that the standing seam metal
roof would enhance the overall project dynamic and its exclusion would be detrimental to the design.
Page 3
Memorandum No. PZ 06-102
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 18
feet - seven (7) inches be approved for the standing seam metal roof over the elevator equipment shaft,
subject to the conditions of approval listed in Exhibit "C". Any conditions of approval recommended by
the Board or required by the City Commission will be placed in Exhibit "Cft accordingly.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\HTEX 06-003\Staff Report.doc
...
1 In. = 300.0 feet
EXHIBIT "A"
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LOCATION MAP PYLON INTERSTATE PLAZA Phase II LOCATION MAP
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. STEVEN L. COHEN ---
AND A..aCIATE8, PoA.
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EXHIBIT "C"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: HTEX 06-003
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Pylon Interstate Plaza\HTEX 06-003\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Steven L. Cohen
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Road, Suite 102, Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2006
TYPE OF RELIEF SOUGHT: Request for a Height Exception to allow elevator and stair towers above
the 35 foot height limit in the C-1 zoning district.
LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\HTEX 06-003\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Motion
A motion was made by Mr. Cwynar to approve the request to amend the comprehensive plan
from Medium Residential MR-5 to low Density Residential subject to all staff comments. Mr.
Hay seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Jaskiewicz to approve the request to rezone from Agricultural
Residential (Palm Beach County) to Planned Unit Development (PUD) subject to staff
comments. Mr. Casaine seconded the motion that unanimously carried.
C. Pylon Interstate Plaza
Conditional Use
1. Project:
Pylon Interstate Plaza (COUS 06-004)
Agent:
Steven l. Cohen
Owner:
Chambers Properties, lLC
Location:
1501 Corporate Drive
Description:
Request for conditional use/new site plan approval to
construct a two (2) story, 29,419 square foot building and
related site improvements on a 2.861 acre parcel in the
C-1 zoning district.
Chair Wische presented the item and asked the Agent, Mr, Cohen, if he agreed with all of staffs
comments.
The Agent, Steven l. Cohen indicated he was in agreement with all of the staff conditions.
Mr. Breese, Principal Planner indicated staff recommended approval.
Chair Wische opened and closed the floor for public hearing.
Motion
Vice Chair Hay moved to approve the request for a Conditional Use for new site plan approval
to construct a two (2) story, 29,419 square foot building and related site improvements on a
2.861-acre parcel in the C-1 zoning district with all staff comments. Mr. Casaine seconded the
motion.
Height Exception
2. Project:
Pylon Interstate Plaza (COUS 06-003)
Agent:
Steven l. Cohen
Owner:
Chambers Properties, LLC
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Location:
1501 Corporate Drive
Description:
Request for Height Exception approval to allow a
decorative hip roof over the proposed elevator shaft at a
height of 53 feet- 6 inches, a total of 18 feet above the 35
foot height limit for buildings constructed over parking in
the C-1 zoning district.
Chair Chair Wische presented the item and indicated staff recommended approval without any
staff comments,
Chair Wische opened and closed the floor for public hearing.
Motion
Ms. Jaskiewicz moved to approve the Request for Height Exception approval to allow a
decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18
feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning
district. Vice Chair Hay seconded the motion that unanimously carried,
D. Forest Hill Lot 3, Block 2
Zoning Code Variance
1, Project:
Owner:
Location:
Description:
Forest Hill Lot 3, Block 2 (ZNCV 06-007)
Agent: Octavia Sherrod
City of Boynton Beach
South side of SW 23rd Terrace approximately 255 feet
west of SW 6th Street.
Request for relief from the City of Boynton Beach land
Development Regulations, Chapter 2, Zoning, Section
5.C.2.a, requiring a minimum lot frontage of seventy-five
(75) feet to allow a thirty-four (34) foot variance for an odd
shaped remnant lot as a result of 1-95 taking, resulting in a
forty-one (41) foot frontage for a proposed single-family
residence within the R1-AA single family zoning district;
and
Request for relief from the City of Boynton Beach land
Development Regulations, Chapter 2. Zoning, Section
5,C.2.a, requiring a minimum rear yard setback of 20 feet
to allow a five (5) foot variance, resulting in a fifteen (15)
foot rear yard setback for a proposed single-family
residence within the R1-AA single-family zoning district
Mr. Breese explained the applicant is the City of Boynton Beach and further explained
Community Development is looking to infill develop the lot. The northwest corner of the lot was
11
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~,_
VIII.-PUBLIC HEARING
ITEM H.
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May J 5, 2006 (Noon)
0 April 18. 2006 April 3, 2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5. 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July J 8. 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public Hearing
and Legal, Ordinance First-Reading. The Planning and Development Board recommended that the subject request be
approved, on May 23, 2006, subject to conditions of approval relative to ultimate removal of the existing billboard at time of
lease expiration, exempting the city from any financial liability or responsibility related to removal of the billboard, and the
city's consideration of a legal means of allowing development of the property prior to removal of the billboard.
Staff continues to maintain its recommendation of denial based on the existence of a billboard on the subject property, which
is a prohibited sign by city regulations. It should also be noted that in similar circumstances, applicants were advised that
billboards should be removed as a prerequisite to filing an application. In addition, staff recommends that prospective
purchasers of properties in the development be made aware that FDOT is unlikely to install a noise wall along 1-95 at this
location. For further details pertaining to the request, see attached Department Memorandum No. 03-302.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATlON:
DESCRIPTION:
Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay)
Michael J. Covelli, Caufield & Wheeler, Inc.
National Land Company, Inc.
Adjacent to and east ofl-95, west of Lake Ida, west of South Lake Drive
Request to annex subject property (5.783 acres).
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TlVES:
N/A
N/A
N/A
e / Finance / Human Resources
Document I
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
~
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 5.783+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABL Y COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FI,ORlDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
2 1 development of an Annexation Program; and
22 WHEREAS, the National Land Company, Inc., owner, by and through their agent,
23 Michael J. Covelli of Caufield & Wheeler, Inc., of the property more particularly described
24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
26 certain tract ofland consisting of approximately 5.783 +/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract ofland as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
S:\CA\Ordinances\Planning\Annexations\Annexation - Lake Trail r'states.doc
1
1 annexation, constitute a reasonably compact addition to the City boundary.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
That each and every Whereas clause is true and correct.
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5
6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
7 unincorporated and contiguous tract of land situated and lying and being in the County of
8 Palm Beach, Florida, to wit:
9 SEE EXHIBIT "A" ATTACHED HERETO
10
11 Containing: 251,902 Square Feet Or 5.783 Acres More or Less.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
1 7 and become part of the City with the same force and effect as though the same had been
18 originally incorporated in the territorial boundaries thereof.
19
Section3 :
That Section 6 and 6( a) of the Charter of the City of Boynton Beach,
20 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
21 described in Section 2 of this Ordinance.
22
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
23 zoning designation and Land Use category is being determined as contemplated in Section
24 171.162(2), Florida Statutes.
25
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
S:\CA \Ordinances\Planning\Annexations\Annexation - Lake Trail Estates.doc
2
1 repealed.
2 Section 6: Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
4 the remainder of this Ordinance,
5
Section 7:
This Ordinance shall not be passed until the same has been advertised
6 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
7 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
8
Section 8.
This ordinance shall become effective immediately upon passage.
9
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
10 Circuit Court of Palm Beach County, Florida.
11
FIRST READING this _ day of
,2006.
12 SECOND, FINAL READING and PASSAGE this _ day of ___,2006.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
City Clerk
(Corporate Seal)
S:\CA\Ordinances\PJanning\Annexations\Annexation - Lake Trail Estates.doc
3
--~c-...-." ~
"... ",_.- ~'_c.-..~-
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID
· PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
" COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1. LAKE 'VIEW HAVEN, ACCORDING TO THE PLAT THEREOF,
.' AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIc RECORDS OF PALM BEACH COUNTY, FLORIDA;
r THENCE S.18'31'29"W. ALONG THE EAST RIGHT~OF-WAY LINE OF INTERSTATE 95,A DISTANCE OF 1,338.29 FEET TO
r THE POINT OF BEGINNING; THENCE CONTINUE S.18'31'29"W. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 794.66
.' FEET; THENCE S.89'58'lrE., A DISTANCE OF 300.00 FEET; THENCE N.18'31'29"E., A DISTANCE OF 380.00 FEET;
!: THENCE S.89'58'17"E., A DISTANCE OF 185.00 FEET; THENCE N.30'26'06"E., A DISTANCE OF 138.00 FEET; THENCE
), N.59'33'54"W., A DISTANCE OF 162.57 FEET; THENCE N.16'49'36"E., A DISTANCE OF 38.91 FEET TO A POINT OF CURVE
. TO THE RIGHT HAVING A RADIUS OF 67.65 FEET AND A CENTRAL ANGLE OF 49'03'30"; THENCE NORTHEASTERLY
. ALONG THE ARC A DISTANCE OF 57.92 FEET; THENCE N.65'53'06"E., A DISTANCE OF 2.30 FEET; THENCE
N.71'28'31 "W., A DISTANCE OF 351.69 FEET TO THE POINT OF' BEGINNING.
SAID LANDS SITUATE IN PALM BEACH COUNTY; FLORIDA.
CONTAINING 251,902 SQUARE FEET OR 5.783 ACRES, MORE OR lESS.
'UBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD.
;;
~
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t.:-'1J.l-1 is I J N
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &: ZONING DIVISION
MEMORANDUM NO. PZ 03-302
Chairman and Members
Planning and Development Board
and City Commission
Hanna Matras tv-
Economic Planner -[;
Michael W. RU~
Director of Planning and Zoning
May 5, 2006
Lake Trail Estates/ANEX 06-005, LUAR 06-012
To annex the property, reclassify from Industrial (Palm Beach
County) to Low Density Residential (4.84 du/ac) and rezone from
IL-Light Industrial (Palm Beach County) and R-1-AAB (City of
Boynton Beach) to R-1-AA.
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
PROJECT DESCRIPTION
National Land Company, Inc.
Caulfield & Wheeler, Inc./Michael J. Covelli
Property subject to Annexation and land Use Amendment request:
Adjacent to and east of 1-95, west of Lake Ida, approximately
1,400 ft. south of the southern terminus of Diane Drive (Exhibit
"A") .
Property subject to Rezoning request: Adjacent to and east of 1-
95, west of Lake Ida, immediately south of the southern terminus
of Diane Drive (Exhibit "A").
Property subject to Annexation and land Use Amendment request:
:t5.78 acres
Property subject to Rezoning request: :t22.904 acres (including
Page 2
File Number: ANEX 03-005, lUAR 03-012
lake Trail Estates
:t8.595 acres of submerged land)
Existing land Use:
Industrial (Palm Beach County) and low Density Residential (city)
Existing Zoning:
Il- Ught Industrial (county) and R1-AAB (city)
Proposed land Use:
low Density Residential (4.84 dujac)
Proposed Zoning:
R-1AA-Single Family Residential
22 single family residential lots
Proposed Use:
Adjacent Uses:
North:
Northwest, single family homes (Lake View Haven) designated
low Density Residential (4.84 dUjac) and zoned R-1-AAB Single
Family Residential; northeast, right-of-way of Diane Drive.
South:
Vacant property, designated MR-5 Residential and zoned AR,
Agricultural Residential.
East:
Northeast: Single family residential (Lake Eden) designated low
Density Residential (4.84 dujac) and zoned R-1-AAB Single Family
Residential; further south: two single-family homes remaining in
unincorporated Palm Beach County, designated MR-5 Residential
and zoned RS Residential; southeast: lake Ida
West:
Right-of-way of 1-95
BACKGROUND
In April of 2004, the City annexed the northern portion of the property, subject to the present
rezoning request, under the name of Bermuda Bay. The property was reclassified to low
Density Residential and rezoned to R-1AAB, Single Family Residential. The proposed use was 17
single family homes. Even though the proposed number of the single family lots on this part of
the property has subsequently been reduced to 14, the lots do not meet the minimum lot
frontage requirement of 90 feet for the R1-AAB zoning district. The requested zoning of R1-AA
carries a minimum lot frontage requirement of 75 feet, which would accommodate the
originally intended design to include 80 foot-wide lots.
EXISTING CONDmONS
The parcel, which is the subject of the annexation and land use amendment request, totals
:t5.78 acres and is currently developed with approximately 46,000 square feet of industrial use.
There is also a billboard on the property, subject to contract expiring in 2013.
Page 3
File Number: ANEX 03-005, LUAR 03-012
Lake Trail Estates
If annexed, and when ultimately platted, consideration should be given to creating access for
the land-locked parcel immediately south of the subject property. This parcel, currently
undeveloped, is owned by the Palm Beach county.
PROJECT ANALYSIS
Because of the size of the property under consideration, the Florida Department of Community
Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Subsequent to approval of the annexation, land use amendment and rezoning, the property will
be platted for a conventional subdivision, and subjecting only common areas, recreation areas
or signage to the site plan review process.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which rezonings are to be reviewed as
indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan
Future Land Use Map designation - Low Density Residential - for properties to be annexed
within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions
of the Comprehensive Plan, the city's annexation program and service capability consistent with
Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan.
Policy 1.16.3 of the Future Land Use Element states:
"The City shall continue to enforce and implement the policies that regulate the use and
intensity, and other characteristics for the development of specific areas, as set forth in
the Land Use Problems and Opportunities section of the support documents for this
element. Those recommendations contained in the Land Use Problems and
Opportunities are hereby incorporated by reference into the Goals, Objectives, and
Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised
and updated to reflect current conditions in each of the planning areas. Until the
revisions are adopted, the recommendations shall be considered as advisory."
The relevant portions of the Problems and Ooportunities section are, as follows:
"4.1. Unincorporated Parcels in Vicinity of Lake Ida
Those parcels on the west side of Lake Ida, north of the L.W.D.D. L-30 Canal and the
adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel
along Interstate 95 should be annexed as a nonconforming use in a Low Density
Residential land use category and an R-1AAB zoning district, since this is an
inappropriate location for industrial uses. Those parcels to the north and south of the
existing industrial parcel should also be placed in a low-density residential category and
developed for single-family detached housing. The small parcel abutting the east side of
the Lake Eden subdivision should also be annexed and placed in the same land use and
zoning categories as the adjacent incorporated properties."
Page 4
File Number: ANEX 03-005, LUAR 03-012
Lake Trail Estates
As per the above recommendation, the requested land use for the property is Low Density
Residential, compatible with land use classification of the adjacent properties. The requested R-
1AA zoning district, a single family detached zoning district of a slightly higher intensity than the
recommended R-1AAB district, can still be considered compatible with the surrounding land
uses, particularly given the gross density of the proposed project. The proposed use of 22
single family homes translates into the built density of 0.96 units per acre (1.1 units per acre if
submerged land is excluded), considerably below the maximum 4.84 units per acre permitted
under the Low Density Residential land use. Finally, the proximity of the lake Ida would put a
significant premium on the value of the proposed homes, hence the impact on neighborhood
home values should be positive.
The requested annexation will reduce the existing enclave, leaving two single family homes in
the unincorporated Palm Beach County. These two properties should be annexed
simultaneously, but have been excluded from the application.
In connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Utilities), have been surveyed for issues related to service capability and
costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1) The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
2) Ample service capacity exists to serve adjacent unincorporated properties; and
3) Most enclaves currently receive service from the city via the mutual aid
agreement (Police and Rre/EMS only).
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the traffic statement for the project and determined that the proposed residential development
is located within the county designated Coastal Residential Area and therefore meets the Traffic
Performance Standards of Palm Beach County. The submitted traffic statement indicates that
the proposed single family use is expected to generate 245 fewer trips than the existing
industrial use.
An application for school concurrency has been submitted to the Palm Beach County School
District. Since the concurrency determination for the northern portion of the project has
expired, the application includes a project total of 22 units.
The existing average potable water demand on the property (calculated for a period of January
2005 till May 2006) is 20,000 gallons per month. However, water demand for industrial uses
varies considerably depending on the type of use, and potential demand can be significantly
higher than the current consumption. The proposed 8 units are estimated to require 522
Gallons per Day (GPD) per unit, for the total of 4,176 GPD (125,280 gallons per month).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Page 5
File Number: ANEX 03-005, LUAR 03-012
Lake Trail Estates
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. However, the request is incompatible with the city's
position against annexation of properties with existing billboards. The applicant must address
this issue in a manner that is acceptable to the City; until the issue is satisfactorily addressed,
staff recommends that the subject request be denied. If the Planning and Development Board
or the City Commission recommends additional conditions, they will be included as an additional
attachment (Exhibit "C").
ATTACHMENTS
S:\P1annlng\SHARED\WP\PROJECTS\Bennuda Bay\LUAR 06--Q12\STAFF REPORT Lake Trail Estates.doc
EXHIBIT A
LAKE TRAIL ESTATES LOCATION MAP
LUAR 06.012, ANNEX 06-005
LAKE EDEN WAY
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'70
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s
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Motion
Ms. Jaskiewicz moved that Woodrow Hay be nominated for Chairman. Motion died for lack of a
second.
Motion
Mr. Saberson moved to nominate Woodrow Hay for Vice Chairman. Ms. Jaskiewicz seconded
the motion, There were no other nominations. A vote was taken and the motion unanimously
passed.
5. Approval of Minutes - January 24, 2006
Motion
A motion was made by Vice Chair Hay to approve the meeting minutes as presented, and, after
a second by Mr. Casaine, unanimously passed.
6. Communications and Announcements
There were no announcements or communications.
1. Planning and Development Board meeting held in April.
None. No meeting held in April.
Assistant City Attorney Tolces put all people who would be testifying under oath.
7. Old Business:
None.
8. New Business
A. Lake Trail Estates
Annexation
1. Project:
Lake Trail Estates (ANEX 06-005)
(fka Bermuda Bay)
Agent:
Michael J. Covelli, Caufield & Wheeler, Inc.
Owner:
National Lake Company, Inc.
Location:
Adjacent to and east of 1-95, west of Lake Ida, west of
South Lake Drive.
Description:
Request to Annex subject property (5.783 acres)
Michael Covelli, Agent for the project with Caufield and Wheeler, Inc. was present. Chair
Wische indicated the project meets all the criteria, but there was a statement indicating that
unless the billboard is removed, staff would have to deny the request.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Hanna Matras, Economic Development Planner explained this condition has been a
longstanding requirement. After discussion with the agent and the board, it was ascertained
there is an existing contract on the billboard, set to expire in 2013. Assistant City Attorney
T olces explained the history of municipalities wanting to have billboards removed It was
thought at one time, there was an ordinance addressing this issue, Assistant City Attorney
Tolces clarified whether there was an ordinance or not, the courts have required Cities to pay if
a billboard has to be removed, and for all intensive purposes, the billboard remained. Mr.
Covelli agreed to remove the billboard once the contract has expired at no cost to the City.
There was further discussion about the applicant not renewing the billboard contract, removing
the billboard upon expiration of the contract at no cost to the City, and whether those actions
would satisfy staffs requirements. Ms. Matras explained billboards are generally not allowed
under the City's Sign Code. There have been several instances within the last five years, in
which the City was reviewing the requests for annexations, and the billboards were removed
before the annexation. She did not believe the requirement was an ordinance but clarified the
sign was not allowed per the sign code.
Staff reviewed the subject property further. Assistant City Attorney T olces also indicated there
is a provision in the land development regulations regarding non-conforming signs which states
if there is a billboard sign in Palm Beach County that is annexed into the City of Boynton Beach
after the date of adoption which was June 21, 1994, that sign shall be brought into compliance
with all provisions of the sign code within five years following the date of annexation. However,
the billboard on undeveloped land shall be brought into compliance as a condition precedent to
the issuance of any development order prior to that five-year period. Assistant City Attorney
Tolces explaTned-they--neea fe) haVe the billboard removed prior to the issuance of the
development order otherwise they had to wait five years. In view of the existing contract, the
sign would probably run to the end of the contract, otherwise the City would have to pay for the
remaining years the property owner would lose. This was the provision contained in Section 7
of Chapter 21, Signs, land Development Code, which provides the mechanism for the removal
of the sign prior to the issuance of the development order. Assistant City Attorney Tolces would
need to do more research to determine whether the City would have to pay prior to the
expiration of the contract.
Mr, Covelli explained the north portion of the property is already within city limits and was a
voluntary annexation, The billboard is further south. The master plan was changed and the lots
were made larger. The issue with the billboard can affect the timing of when the project can be
developed. He indicated the lease on the billboard is a binding contract and the loss of
revenues would need to be calculated. He expressed the owner would be looking for
compensation. The easy answer would be to approve the annexation and rezoning and only
develop the northern portion of the property. Mr. Covelli explained that would fragment the
project and he was looking to develop the property as a unified project. This issue was pure
economics.
Chair Wische acknowledged the presence of Mayor Taylor in the audience.
Chair Wische opened the floor to public comment and received comments from the following
individuals:
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Jeff Liggio, 3835 South Lake Drive, indicated the lot frontage on the existing homes has 150
square feet (sf) of frontage. He explained, initially, the owner was planning on building 17
homes on the north property and another five homes in the annexed area. He explained that
changes the character of the neighborhood. He expressed the residents suggested something
closer on the lots on their side of the property and compromised at 90 feet frontage with 10ft
setbacks, He asked the board, in considering the rezoning, mandate the lots be somewhat
closer to what they have now which is about 120/110 feet of frontage with more of a setback.
They feel the plans are very close to zero lot line homes. Mr. Liggio explained there is at least
50 - 60 feet between the existing homes.
Mr. Robert Gallik, 3724 Diane Drive, explained his home is the first property north and across
the street from the billboard. He explained he had no issue with the billboard remaining until the
expiration of the contract, but his concern was that down the road, there could be plans for town
homes. He explained if there were just 22 residential lots, plus the annexation, which would
increase the number of lots to 27 or 29 lots, and were single-family homes, he would have no
objection. He inquired whether the low-density residential zoning classification allowing 4.84
du/ac (dwelling units per acre) could accommodate town homes. It was explained town homes
are not a permitted use under the land use regulation and zoning classification that is being
requested and proposed for this district.
Chris Ciasulli, 3708 Diane Drive, spoke about traffic and expressed concern the street would
become a "racetrack" for traffic coming from Mission Hill. He explained there are children
present. The current speed limit is 25 miles per hour.
Denise Zupo, 3509 Diane Drive, agreed with Mr. Ciasulli's concerns and also expressed
concern regarding traffic. She inquired who would be responsible for maintaining the bridges
with the increase in traffic and construction vehicles traveling the roadway. She explained she
and her husband have noticed the bridges are showing signs of cracking and in the past the
City has rebuilt and reinforced the bridges, She was looking for assurance the City of Boynton
Beach would maintain and control the development process and bridge maintenance. She
added the bridge is the only way in and out of the development. Assistant City Attorney
explained there are no changes as far as public streets, which the City maintains. It was also
noted the project would reduce the traffic counts for that road by 245 trips as a result of the
change to the residential zoning classification rather than the current industrial use zoning.
AI Tyll, representing himself and two neighbors, Dr. Julio Rodriguez, 3855 S. Lake Drive, and
Julio C. and Emilio Rodriquez, 3865 S. Lake Drive, indicated his concerns were the proposed
development would not be constructed within the same character of the neighborhood. He
explained the one aspect that does not meet the character is the size of the lot. He concurred
with Mr. Liggio and requested the zoning be changed to a lower density, R1-AAA, which is more
restrictive than what is being proposed. He also indicated the individuals who will live there will
be boaters or will use the lake, He explained there would be 22 docks, boats, trailers and jet
ski's. There may be additional vehicles. He cautioned if there are too many homes in the area,
it would be a mish mash and not in the character it should be. He invited the board members to
view the property and gave permission for the board to inspect the area from his yard.
Chair Wische closed the floor to public comments,
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
The board expressed its concerns about annexing the property with the existing billboard and
the legal ramifications and costs to the City. Assistant City Attorney Tolces explained the
property can be annexed in, but the code recognizes circumstances in which there would be a
non-conforming sign on the property. How the City and the property owner deals with the sign
after the property is annexed, are issues that could be addressed subsequent to the annexation.
Attorney Tolces clarified the conditions placed on the annexation would be carried over as
recommendations to the City Commission. Attorney T olces explained the matter would need to
be studied and this could occur before the matter reaches the City Commission. It was noted a
development agreement between the affected parties could be reached, but it may be
necessary to bring them all together to reach accord and at what point in time this would occur
was unknown, There was further discussion about having the property owner enter into some
type of agreement so the City would not have to pay to remove the sign. In return, the City
would not take action to enforce the Sign Code, or add a Hold Harmless agreement as a
condition for approval, would alleviate the City's liability.
Mr. Covelli agreed to take down the sign once the lease expired and indicated if there was a
mechanism by which the details could be worked out, he would be amenable to that. He
reiterated the issue is the lease needs to run and if it ran until expiration there would be no cost
to anyone
Motion
Mr. Casaine made a motion in reference to the request for annexation of the 5.73 acre subject
property that the request should be approved with the following conditions:
· The legal ramifications do not tax the City in any way as far as the billboard is
concerned.
· The billboard comes down after seven years as the applicant has expressed; and
· The responsibility the City has as far as cost is concerned and the approval of the
annexation is examined and to ensure the City is protected,
Vice Chair Hay seconded the motion.
Assistant City Attorney T olces indicated the wording protects the city, provides an opportunity to
review the issue and work with the property owner. The board further discussed an amendment
to include the builder/developer would be allowed to proceed with the development of the land.
Assistant City Attorney Tolces indicated the board can make a recommendation to the City
Commission directing staff to take any steps that are legally authorized and necessary to allow
for the development order to be issued; notwithstanding, the language currently in the Land
Development Regulations. It would be an exception or waiver, because of the billboard, the
development could not occur. Assistant City Attorney indicated he would need to review the
code to determine the proper tool to use, i.e., a variance or waiver to the Code or whether an
amendment or some type of agreement would be needed. This would take place between the
time of the annexation and prior to the development, with the City Commission's input and
direction from staff.
Motion
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
~~';'::'~~
May 23, 2006
Mr C3saine indicated the attorney's comments, as were explained, were included in his motion.
Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A
vete vvas taken and the motion unanimously carried.
Land Use Amendment/Rezoning
2. Project:
Lake Trail Estates (LUAR 06-012)
Agent:
Michael J. Covelli, Caufield & Wheeler, Inc.
Owner:
National Lake Company, Inc.
Location:
Adjacent to and east of 1-95, west of Lake Ida, west of
South Lake Drive.
Description:
Request to amend the Comprehensive Plan Future Land
Use Map from Industrial (Palm Beach County) to Low
Density Residential (4.64 du/ac); and
Request to rezone from Light Industrial (IL) (Palm Beach
County), and R1-AAB Single-Family Residential to R1-AA
Single-Family Residential
Proposed Use:
22 single-family residential homes
Hanna Matras announced in terms of the land amendment and rezoning, staff had no
objections. She indicated all the conditions were met. Chair Wische reminded staff of the
comment that staff would recommend denial if the billboard condition could not be met. She
explained the way it was worded was that unless the applicant could find a legal solution that
would satisfy the City, the development order could not be issued.
Mr, Covelli explained they had been working through this process for some time and the master
plan had been changed a number of times. When the process is finished, as far as annexation
and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot
plan as a plat. He elaborated the board members and staff do not have the same plan. The
original plan submitted showed 22 lots and the current plan has 20 lots showing an increase in
the lot frontage based on discussions with some of the residents, The smallest lot has 90 feet
of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the
90 foot lot frontage, Chair Wische opened the floor to the public for the request to amend the
Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low
Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will
proceed to the third item. He requested comments already received not be repeated.
Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of
frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll
was referring to the R 1-AAA zoning classification.
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORI\]
VIII.-PUBlIC lEARING
ITEM I.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) [gJ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May] 6, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [gJ Public Hearing [gJ Legal
0 Bids 0 Unfimshed Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance First-Reading. The Planning and Development Board, recommended that the subject request be
approved on May 23,2006. For further details pertaining to the request, see attached Department Memorandwn No. 03-302.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCA nON:
DESCRIPTION:
Lake Trail Estates (LUAR 06-012)
Michael 1. CoveIli, Caufield & Wheeler, Inc.
National Land Company, Inc.
Adjacent to and east ofI-95, west of Lake Ida, west of South Lake Drive
Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm
Beach County) to Low Density Residential (4.84 du/ac); and
Request to rezone from Light Industrial (IL) (Palm Beach County), and Rl-AAB Single-
Family Residential to RI -AA Single-Family Residential.
Proposed use:
22 single-family residential homes
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A ~
ALTERNATIVES: N/A
DeVd~J,I{~;'e"o' C; an'~e
~ ~rre'I'" Crry Altomey / FmODee / Hwnan Re><o""""
S:\PlanningISHARED\WP\PROJECTS\Bermuda Bay\LUAR 06-012\Agenda Item Request Lake Trail Estates LUAR 06-012 6-20-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
{};(/
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE l,AND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NATIONAL LAND COMPANY,INC.,AND
8 LOCATED ADJACENT TO AND EAST OF 1-95, WEST
9 OF LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH
10 OF THE SOUTHERN TERMINUS OF DIANE DRIVE;
11 CHANGING THE LAND USE DESIGNATION FROM
12 PALM BEACH COUNTY INDUSTRIAL (I) TO LOW
13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 0 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
31 herein by this reference.
S:\CA\Ordinances\planning\Land Use\Lake Trail Est 06-012.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use ofthe following described land located adjacent to and east
4 ofI-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane
5 Drive in Boynton Beach, Florida shall be changed from Palm Beach County Industrial (I) and
6 shall now be designated as Low Density Residential (LDR):
7
8 See Exhibit "A" attached hereto.
9
10 Containing: 251,902 square feet or 5.783 acres more or less.
11
12 Subject to easements, restrictions, reservations, covenants and rights of way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
26 special act, the provisions of state act shall control.
27
FIRST READING this _ day of
,2006.
S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc
1
SECOND, FINAL READING and PASSAGE this _ day of ~__
,2006.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
24
Mayor - Jerry Taylor
Vice Mayor -- Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\Ordinances\planning\Land Use\Lake Trail Est 06-012.doc
... 'C~."".:'.,~' '_ .7';;.-~ ......'.-.7'._ -.: ~ -"', _'""':_:-....~u . ~...'""'-,,-_':"'--~..:"..'i.,:
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1 DESCRIPTION; .... .
}, A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOl,lTIi, RANGE 43 EAST, PALM BEACH COUNTY, FlORIDA, SAil
i PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
,
i COMMENCING AT THE SOUTHWEST CORNER OF LOT " BLOCK 1. lAKE -VIEW HAVEN, ACCORDING TO THE PlAT THEREOF
~AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF TI-lE PUBLIC RECORDS OF PALM.BEACH COUNTY, FlORIDA;
r THENCE S.18'31'29"W. ALONG rnE EAST RIGHT-OF-WAY LINE OF INTERSTATE 9S,A DISTANCE OF 1,338.29 FEET TO
F THE POINT OF BEGINNING; THENCE CONTINUE, S.la',31'29"W.ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE OF' 794.66
i FEET; THENCE S.89'58'lrE., A DISTANCE OF 300.00 FEET; THENCE N.18'31'29"E.~ A DISTANCE OF ,380.00 FEET;
,1. THENCE S.89"58'17"E., A DISTANCE OF' 185.00 FEET; THENCE N~30'26'06"E.. A DISTANCE OF 138.00 FEET; THENCE
..~ N.59',3,3'54"W.. A DISTANCE OF 162.57 FEET; TI-lENCE N.16'49',36"E., A DISTANCE OF ,38.91 fEET TOA POINT OF CURVl
.! TO THE RIGHT HAVING A RADIUS OF 67.65 fEET AND A CENTRAL ANGLE OF 49'0,3',30"; TI-lENCE NORTHEASTERLY
; ALONG THE ARC A DISTANCE OF 57.92 FEET; THENCE N.S5'53'OS"E., A DISTANCE OF 2.30 FEET; TI-lENCE
,N.71'28'31"W., A DISTANCE OF 351.69 FEET TO mE POINT O~ BEGINNING. .
SAI.D LANDS SITUATE IN 'PALM BEACH COUNTY; FLORIDA. .
CONTAINING 251,902 SQUARE FEET OR 5.783 ACRES. MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS. COVENANTS AND RIGHTS-OF-WAY OF RECORD.
,"
~.
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1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OFNATIONAL LAND COMPANY,
6 INC., AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED
8 ADJACENT TO AND EAST OF 1-95, WEST OF
9 LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH
10 OF THE SOUTHERN TERMINUS OF DIANE
11 DRIVE, AS MORE FULLY DESCRIBED HEREIN,
12 FROM PALM BEACH COUNTY LIGHT
13 INDUSTRIAL (IL) AND CITY OF BOYNTON
14 BEACH RI-AAB TO SINGLE FAMILY
15 RESIDENTIAL (Rl-AA); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN
1 7 EFFECTIVE DATE.
18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 1 and
22 WHEREAS, National Land Company, Inc., owner of the property located adjacent to
23 and east ofI-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of
24 Diane Drive in Boynton Beach, Florida, as more particularly described herein, has filed a
25 Petition, through its agent, Michael J. Covelli of Caufield & Wheeler, Inc., pursuant to
26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
27 Florida, for the purpose of rezoning a parcel of land, said land being more particularly
28 described hereinafter, Palm Beach County Light Industrial (IL) and City of Boynton Beach
29 (R I-AAB) to Single Family Residential (RI-AA); and
30 WHEREAS, the City Commission conducted a public hearing and heard testimony
31 and received evidence which the Commission finds supports a rezoning for the property
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Lake Trail Estates.doc
1 hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
3 an amendment to the Land Use which was contemporaneously considered and approved at
4 the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
6 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
10 herein by this reference.
Section 2.
The following described land located adjacent to and east ofI-95, west
11
12 of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane Drive in the
13 City of Boynton Beach, Florida, as set forth as follows:
14
15 SEE ATTACHED EXHIBIT "A"
16
17 Containing: 997,709 square feet or 22.90 acres more or less.
18
19 Subject to easements, restrictions, reservations, covenants and
20 rights-of-way of record.
21
22 be and the same is hereby rezoned from Palm Beach County Light Industrial (IL) and City of
23 Boynton Beach (R1-AAB) to Single Family Residential (Rl-AA). A location map is attached
24 hereto as Exhibit "B" and made a part of this Ordinance by reference.
2 5 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 6 accordingly.
27
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
S:ICA IOrdinanceslPlanninglRezoninglRezoning - Lake Trail Estates.doc
1 repealed.
2 Section 5. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
5 Section 6. This ordinance shall become effective immediately upon passage.
6
FIRST READING this _ day of
,2006.
7
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2 3 ATTEST:
24
25
26 City Clerk
27
28 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor -- Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\Ordinanccs\Planning\Rczoning\Rezoning - Lake Trail Estates.doc
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
gEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95) INTERSECTS
THE NORTH LINE OF THE SOUTH 3/4 OF THE SOUTH 1/2 OF SAID SECTION 5, SAID POINT ALSO BEING
387.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER
OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN" , AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE
S18'31'15"W (ASSUMED), A DISTANCE OF 1365.57 FEET TO A POINT IN THE NORTHWEST CORNER OF THAT
CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1788, PAGE 405; THENCE S18'31'15"W, A
DISTANCE OF 380.00 FEET, MORE OR LESS; THENCE S89'58'35"E AND PARALLEL WITH THE NORTH LINE
OF THE SOUTH ~ OF THE SOUTH ~ OF SAID SECTION 5, A DISTANCE OF 300.00 FEET, MORE OR LESS,
TO THE APPROXIMATE SHORE LINE OF LAKE IDA AS MAINTAINED; THENCE N18'31'15" E ALONG SAID
SHORE LINE, A DISTANCE OF 380.00 FEET, MORE OR LESS, TO A POINT IN A LINE 48.00 FEET NORTH OF
AND PARALLEL TO SAID NORTH LINE OF THE SOUTH ~ OF THE SOUTH ~ OF SECTION 5; THENCE
S89'58'35"E, A DISTANCE OF 185.00 FEET; THENCE N30'25'48"E, A DISTANCE OF 138.00 FEET; THENCE
N59'34'14"W, A DISTANCE OF 162.57 FEET; THENCE N16'49'16"E, A DISTANCE OF 38.91 FEET TO A POINT
OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HA~NG
A RADIUS OF 67.85 FEET AND A CENTRAL ANGLE OF 49'03'30", A DISTANCE OF 57.92 FEET; Jt:lENCE
N65'52'48"E ON A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 90.85 FEET TO A
POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53'41'47", A DISTANCE OF 99.58 FEET;
THENCE S59'34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30'25'46"E, A DISTANCE OF 137.40 FEET;
THENCE S89'34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01'39'45"E, A DISTANCE OF 125.40 FEET;
THENCE N3T41'35"E, A DISTANCE OF 88.34 FEET; THENCE NOO'52'OO"E, A DISTANCE OF 5.28 FEET TO
THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS
RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
N21'14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST
VESTERL Y CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO.2"; THENCE
.~18'30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO
THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE ~EW HAVEN", AS RECORDED
IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
N71'28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18'31'15"E ALONG THE WEST LINE OF SAID PARCEL A,
A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF
"LAKE ~EW HAVEN"; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE
OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY
RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95); THENCE S18'31'15"W ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
CONTAINING 997,709 SQUARE FEET/22.90 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD.
CAULFIELD a WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON. FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452
DA D P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
STATE OF FLORIDA
L.B. 3591
--
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Lake Trail Estates
Rezoning Sketch
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DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 03-302
TO:
Chairman and Members
Planning and Development Board
and City Commission
Hanna Matras tv-
Economic Planner. (;
Michael W. RU~
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
May 5,2006
lake Trail Estates/ANEX 06-005, LUAR 06-012
PROJECT NAME/NUMBER:
REQUEST:
To annex the property, reclassify from Industrial (Palm Beach
County) to Low Density Residential (4.84 du/ac) and rezone from
IL-Ught Industrial (Palm Beach County) and R-1-AAB (City of
Boynton Beach) to R-1-AA.
PROJECT DESCRIPTION
Property Owner:
National land Company, Inc.
Applicant! Agent:
Caulfield & Wheeler, Inc./Michael J. Covelli
location:
Property subject to Annexation and land Use Amendment request:
Adjacent to and east of 1-95, west of lake Ida, approximately
1,400 ft. south of the southern terminus of Diane Drive (Exhibit
"A") .
Property subject to Rezoning request: Adjacent to and east of 1-
95, west of Lake Ida, immediately south of the southern terminus
of Diane Drive (Exhibit "A").
Parcel Size:
Property subject to Annexation and land Use Amendment request:
:f:5.78 acres
Property subject to Rezoning request: :t22~904 acres (induding
Page 2
File Number: ANEX 03-005, lUAR 03-012
lake Trail Estates
:i:8.595 acres of submerged land)
Existing land Use:
Industrial (Palm Beach County) and low Density Residential (city)
Existing Zoning:
Il- Ught Industrial (county) and R1-AAB (city)
Proposed land Use:
low Density Residential (4.84 dujac)
Proposed Zoning:
R-1AA-Single Family Residential
Proposed Use:
Adjacent Uses:
22 single family residential lots
North:
Northwest, single family homes (lake View Haven) designated
low Density Residential (4.84 dujac) and zoned R-1-AAB Single
Family Residential; northeast, right-of-way of Diane Drive.
South:
Vacant property, designated MR-5 Residential and zoned AR,
Agricultural Residential.
East:
Northeast: Single family residential (lake Eden) designated low
Density Residential (4.84 dujac) and zoned R-l-AAB Single Family
Residential; further south: two single-family homes remaining in
unincorporated Palm Beach County, designated MR-S Residential
and zoned RS Residential; southeast: lake Ida
West:
Right-of-way of 1-95
BACKGROUND
In April of 2004, the City annexed the northern portion of the property, subject to the present
rezoning request, under the name of Bermuda Bay. The property was reclassified to low
Density Residential and rezoned to R-1AAB, Single Family Residential. The proposed use was 17
single family homes. Even though the proposed number of the single family lots on this part of
the property has subsequently been reduced to 14, the lots do not meet the minimum lot
frontage requirement of 90 feet for the Rl-AAB zoning district. The requested zoning of R1-AA
carries a minimum lot frontage requirement of 75 feet, which would accommodate the
originally intended design to include 80 foot-wide lots.
EXISTING CONOmONS
The parcel, which is the subject of the annexation and land use amendment request, totals
:f:S.78 acres and is currently developed with approximately 46,000 square feet of industrial use.
There Is also a billboard on the property, subject to contract expiring in 2013.
Page 3
Rle Number: ANEX 03-005, lUAR 03-012
lake Trail Estates
If annexed, and when ultimately platted, consideration should be given to creating access for
the land-locked parcel immediately south of the subject property. This parcel, currently
undeveloped, is owned by the Palm Beach county.
PROJECT ANALYSIS
Because of the size of the property under consideration, the Florida Department of Community
Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Subsequent to approval of the annexation, land use amendment and rezoning, the property will
be platted for a conventional subdivision, and subjecting only common areas, recreation areas
or signage to the site plan review process.
Pursuant to Section 9.C.2(2) of the land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which rezonings are to be reviewed as
indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan
Future land Use Map designation - low Density Residential - for properties to be annexed
within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions
of the Comprehensive Plan, the city's annexation program and service capability consistent with
Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan.
Policy 1.16.3 of the Future Land Use Element states:
"The City shall continue to enforce and implement the policies that regulate the use and
intensity, and other characteristics for the development of specific areas, as set forth in
the land Use Problems and Opportunities section of the support documents for this
element. Those recommendations contained in the land Use Problems and
Opportunities are hereby incorporated by reference into the Goals, Objectives, and
Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised
and updated to reflect current conditions in each of the planning areas. Until the
revisions are adopted, the recommendations shall be considered as advisory."
The relevant portions of the Problems and ODportunities section are, as follows:
"4.1. Unincorporated Parcels in Vicinity of lake Ida
Those parcels on the west side of lake Ida, north of the L.W.D.D. l-30 Canal and the
adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel
along Interstate 95 should be annexed as a nonconforming use in a low Density
Residential land use category and an R-1AAB zoning district, since this is an
inappropriate location for industrial uses. Those parcels to the north and south of the
existing industrial parcel should also be placed in a low-density residential category and
developed for single-family detached housing. The small parcel abutting the east side of
the Lake Eden subdivision should also be annexed and placed in the same land use and
zoning categories as the adjacent incorporated properties."
Page 4
File Number: ANEX 03-005, LUAR 03-012
Lake Trail Estates
As per the above recommendation, the requested land use for the property is Low Density
Residential, compatible with land use classification of the adjacent properties. The requested R-
1M zoning district, a single family detached zoning district of a slightly higher intensity than the
recommended R-1MB district, can still be considered compatible with the surrounding land
uses, particularly given the gross density of the proposed project. The proposed use of 22
single family homes translates into the built density of 0.96 units per acre (1.1 units per acre if
submerged land is excluded), considerably below the maximum 4.84 units per acre permitted
under the Low Density Residential land use. Finally, the proximity of the lake Ida would put a
significant premium on the value of the proposed homes, hence the impact on neighborhood
home values should be positive.
The requested annexation will reduce the existing enclave, leaving two single family homes in
the unincorporated Palm Beach County. These two properties should be annexed
simultaneously, but have been excluded from the application.
In connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Utilities), have been surveyed for issues related to service capability and
costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1) The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
2) Ample service capacity exists to serve adjacent unincorporated properties; and
3) Most enclaves currently receive service from the city via the mutual aid
agreement (Police and Fire/EMS only).
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the traffic statement for the project and determined that the proposed residential development
is located within the county designated Coastal Residential Area and therefore meets the Traffic
Performance Standards of Palm Beach County. The submitted traffic statement indicates that
the proposed single family use is expected to generate 245 fewer trips than the existing
industrial use.
An application for school concurrency has been submitted to the Palm Beach County School
District. Since the concurrency determination for the northern portion .of the project has
expired, the application includes a project total of 22 units.
The existing average potable water demand on the property (calculated for a period of January
2005 till May 2006) is 20,000 gallons per month. However, water demand for industrial uses
varies considerably depending on the type of use, and potential demand can be significantly
higher than the current consumption. The proposed 8 units are estimated to require 522
Gallons per Day (GPD) per unit, for the total of 4,176 GPD (125,280 gallons per month).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Page 5
File Number: ANEX 03-005, LUAR 03-012
Lake Trail Estates
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. However, the request is incompatible with the city's
position against annexation of properties with existing billboards. The applicant must address
this issue in a manner that is acceptable to the City; until the issue is satisfactorily addressed,
staff recommends that the subject request be denied. If the Planning and Development Board
or the City Commission recommends additional conditions, they will be included as an additional
attachment (Exhibit "C").
AlTACHMENTS
S:\Plannlng\SHAREO\Wp\PROJECTS\Bermuda Bay\lUAR 06-012\STAFF REPORT liIke TraR Estates.doc
EXHIBIT A
LAKE TRAIL ESTATES LOCATION MAP
LUAR 06-012, ANNEX 06-005
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S
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Mr. Casaine indicated the attorney's comments, as were explained, were included in his motion.
Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A
vote was taken and the motion unanimously carried.
Land Use AmendmenURezoning
2. Project:
Lake Trail Estates (LUAR 06-012)
Agent:
Michael J, Covelli, Caufield & Wheeler, Inc.
Owner:
National Lake Company, Inc.
Location:
Adjacent to and east of 1-95, west of Lake Ida, west of
South Lake Drive.
Description:
Request to amend the Comprehensive Plan Future Land
Use Map from Industrial (Palm Beach County) to Low
Density Residential (4.64 du/ac); and
Request to rezone from Light Industrial (IL) (Palm Beach
County), and R1-AAB Single-Family Residential to R1-AA
Single-Family Residential
Proposed Use:
22 single-family residential homes
Hanna Matras announced in terms of the land amendment and rezoning, staff had no
objections. She indicated all the conditions were met. Chair Wische reminded staff of the
comment that staff would recommend denial if the billboard condition could not be met. She
explained the way it was worded was that unless the applicant could find a legal solution that
would satisfy the City, the development order could not be issued.
Mr. Covelli explained they had been working through this process for some time and the master
plan had been changed a number of times. When the process is finished, as far as annexation
and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot
plan as a plat. He elaborated the board members and staff do not have the same plan. The
original plan submitted showed 22 lots and the current plan has 20 lots showing an increase in
the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet
of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the
90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the
Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low
Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will
proceed to the third item. He requested comments already received not be repeated.
Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of
frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll
was referring to the R1-AAA zoning classification.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He
said that square footage is not on the frontage and emphasized it is the frontage across the lake
that is important, not facing 1-95. He supported Mr. Tyll's request for rezoning to the R1-AAA
classification
Mr. Charlie Bowie, 3800 S Lake Drive inquired about the entranceway from Lake Ida Road.
Assistant City Attorney T olces explained that land would be in Delray Beach, Staff concurred
with Assistant City Attorney Tolces, Staff indicated the property separating the two parcels is
not included at this time,
Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he
did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's
request about having the 100 foot frontage facing the lake as a minimum.
Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the
rear property line along the lake. The zoning code specifies frontage as the building setback
line at the front of the house. He explained residents are discussing how wide the lots are, and
asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square
feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the
configuration of a particular parcel is such, that if there were frontage on both sides of the
roadway, it would be considered and the number of the lots would be increased. He
emphasized the determination was made that the road would run along the west side of the
property, and then the single row of lots would have all homes as waterfront homes. He
reported land is sold at square footage and then the overall parcel woUld heed lb be lcioked at.
He added they are good size lots but they are not as square as a conventional lot, they are
more rectangular, offering a lot of area from front to back. They are not building it as a square
lot. He expressed in creating the lots in that manner, they are compatible in terms of size and
provide an opportunity for varying the locations of houses, in tenns of distance to the lake or the
street.
Chair Wische closed the floor to public comments.
Motion
A motion was made by Mr. Saberson to approve the staffs recommendation with respect to the
Land Use Classification. Ms, Jaskiewicz seconded the motion that unanimously passed.
The board then addressed the rezoning portion of the item.
Chair Wische opened the floor to public comments.
Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of
whether the lake is the frontage or the rearage, the importance of the lower density is, there is a
30 ft setback on the side of the lot, which would force lower densities and preserve the
character of the neighborhood. He asked for a motion for R1-AAA to have the developer
construct the homes in the neighborhood in that classification,
Mr. Tyll supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to
22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
He requested the board consider the concerns of the residents in order to preserve the
neighborhood character.
Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not
believe the plan was in character with the neighborhood, and would change it. She indicated
100 sf of Jot frontage is needed.
Chair Wische closed the floor to public comments.
The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf
with 25 ft front and rear yard setbacks and 10ft side setbacks. The zoning on S. lake Drive
was also R 1-AAB. Some board members questioned how more restrictive zoning could be
instituted than the zoning already in place. Staff indicated the request was for 22 homes and is
now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1-
AAB frontage and minimum lot areas.
David Paladino, owner of the former Grimes Aerospace warehouse was present and explained
he wants the project to be high quality. He would encourage individuals to purchase two lots
and place one home on them. He further explained originally he was speaking with a developer
who wanted to put 300 town homes, and reconsidered the request. He thought considering the
property was Industrial, that the new zoning would be an improvement.
Motion
Ms. Jaskiewicz moved to approve the request to rezone from light Industrial (Il) (Palm Beach
County),andR1-AAB Single-Family Residential to R1~AA Single-Family Residential subject to
all staff comments, Mr. Casaine seconded the motion, which unanimously carried.
8. Aspen Glen
Annexation
1 , Project:
Aspen Glen (Anex 06-006)
Agent:
Bradley Miller, Miller land Planning Consultants, Inc.
Owner:
Lawrence Development Group, llC
Leonard Albanese, Managing Member
location:
East side of Lawrence Road, approximately 1,000 feet
south of Hypoluxo Road
Description:
Request to annex subject property (9.34 acres).
Bradley Miller, Miller land Planning Consultants, Inc., was present and requested the land be
annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD).
He explained they are finalizing the site plan application which will come back before the board
at a later time. In reference with all three requests, he indicated he is in agreement with all of
staff's conditions for them.
Vice Chair Hay left the dias at 7:43 p,m.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Mr. Casaine indicated the attorney's comments, as were explained, were included in his motion.
Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A
vote was taken and the motion unanimously carried.
Land Use AmendmenURezoning
2, Project:
Lake Trail Estates (LUAR 06-012)
Agent:
Michael J. Covelli, Caufield & Wheeler, Inc.
Owner:
National Lake Company, Inc.
Location:
Adjacent to and east of 1-95, west of Lake Ida, west of
South Lake Drive,
Description:
Request to amend the Comprehensive Plan Future Land
Use Map from Industrial (Palm Beach County) to Low
Density Residential (4.64 du/ac); and
Request to rezone from Light Industrial (IL) (Palm Beach
County), and R1-AAB Single-Family Residential to R1-AA
Single-Family Residential
Proposed Use:
22 single-family residential homes
Hanna Matras announced in terms of the land amendment and rezoning, staff had no
objections. She indicated all the conditions were met. Chair Wische reminded staff of the
comment that staff would recommend denial if the billboard condition could not be met. She
explained the way it was worded was that unless the applicant could find a legal solution that
would satisfy the City, the development order could not be issued.
Mr. Covelli explained they had been working through this process for some time and the master
plan had been changed a number of times, When the process is finished, as far as annexation
and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot
plan as a plat. He elaborated the board members and staff do not have the same plan. The
original plan submitted showed 22 lots and the current plan has 20 lots showing an increase in
the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet
of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the
90 foot lot frontage, Chair Wische opened the floor to the public for the request to amend the
Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low
Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will
proceed to the third item. He requested comments already received not be repeated,
Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of
frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll
was referring to the R1-MA zoning classification.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He
said that square footage is not on the frontage and emphasized it is the frontage across the lake
that is important, not facing 1-95. He supported Mr. Tyll's request for rezoning to the R1-AAA
classification.
Mr. Charlie Bowie, 3800 S, Lake Drive inquired about the entranceway from Lake Ida Road.
Assistant City Attorney Tolces explained that land would be in Delray Beach. Staff concurred
with Assistant City Attorney T olces. Staff indicated the property separating the two parcels is
not included at this time.
Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he
did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's
request about having the 100 foot frontage facing the lake as a minimum.
Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the
rear property line along the lake. The zoning code specifies frontage as the building setback
line at the front of the house. He explained residents are discussing how wide the lots are, and
asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square
feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the
configuration of a particular parcel is such, that if there were frontage on both sides of the
roadway, it would be considered and the number of the lots would be increased. He
emphasized the determination was made that the road would run along the west side of the
property, and then the single row of lots would have all homes as waterfront homes. He
reported land is sold at square footage and then the overall parcel would heed 10 be looked at.
He added they are good size lots but they are not as square as a conventional lot, they are
more rectangular, offering a lot of area from front to back. They are not building it as a square
lot. He expressed in creating the lots in that manner, they are compatible in terms of size and
provide an opportunity for varying the locations of houses, in terms of distance to the lake or the
street.
Chair Wische closed the floor to public comments.
Motion
A motion was made by Mr. Saberson to approve the staffs recommendation with respect to the
Land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously passed.
The board then addressed the rezoning portion of the item.
Chair Wische opened the floor to public comments,
Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of
whether the lake is the frontage or the rearage, the importance of the lower density is, there is a
30 ft setback on the side of the lot, which would force lower densities and preserve the
character of the neighborhood. He asked for a motion for R1-AAA to have the developer
construct the homes in the neighborhood in that classification.
Mr. Tyll supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to
22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 23, 2006
He requested the board consider the concerns of the residents in order to preserve the
neighborhood character.
Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not
believe the plan was in character with the neighborhood, and would change it. She indicated
100 sf of lot frontage is needed.
Chair Wische closed the floor to public comments,
The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf
with 25 ft front and rear yard setbacks and 10 ft side setbacks. The zoning on S. Lake Drive
was also R1-AAB. Some board members questioned how more restrictive zoning could be
instituted than the zoning already in place. Staff indicated the request was for 22 homes and is
now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1-
AAB frontage and minimum lot areas.
David Paladino, owner of the former Grimes Aerospace warehouse was present and explained
he wants the project to be high quality. He would encourage individuals to purchase two lots
and place one home on them. He further explained originally he was speaking with a developer
who wanted to put 300 town homes, and reconsidered the request. He thought considering the
property was Industrial, that the new zoning would be an improvement.
Motion
Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach
County), and R1-AAB Single-Family Residential to R1~AA Single-Family Residential subject to
all staff comments, Mr. Casaine seconded the motion, which unanimously carried,
B. Aspen Glen
Annexation
1 . Project:
Aspen Glen (Anex 06-006)
Agent:
Bradley Miller, Miller Land Planning Consultants, Inc,
Owner:
Lawrence Development Group, LLC
Leonard Albanese, Managing Member
Location:
East side of Lawrence Road, approximately 1,000 feet
south of Hypoluxo Road
Description:
Request to annex subject property (9,34 acres).
Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be
annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD),
He explained they are finalizing the site plan application which will come back before the board
at a later time. In reference with all three requests, he indicated he is in agreement with all of
staffs conditions for them.
Vice Chair Hay left the dias at 7:43 p.m.
8
(x. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May] 5, 2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) [gJ June 20, 2006 June 5, 2006 (Noon)
D May 2. 2006 April I?, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16,2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 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
[gJ City Manager's Report
RECOMMENDATION:
Maintain existing service area boundaries to achieve greatest system efficiencies and lowest capital costs.
EXPLANATION:
The current Utilities Service Area boundaries are shown as the blue dashed line on the attached map. The dark
green highlighted areas are those parcels outside the City limits that are currently in a low-density usage, and
would likely be developed in the foreseeable future. The blue highlighted areas are those parcels outside the City
limits currently in the process of development. Obviously, most of the service area is already developed.
There is a higher potential for redevelopment inside the City limits than outside the City, for the following
reasons:
· In general, there are more housing units inside the City that are greater than 35 years old.
· Many of these older units are situated on coastal lands that have experienced dramatic increases in
property value.
· The City has pro actively planned and pursued more favorable densities, prompting redevelopment within
its limits.
Given the above reasons, much ofthe service area's future growth is expected to result from redevelopment of
existing built-up areas, and most if not all of those areas will occur within the City limits. Therefore, we can
expect a very high percentage of future "new" demands for water and sewer to also be generated by areas within
the City. Given the lower zoning densities in the unincorporated areas, the anticipated "new" demands from
undeveloped areas outside of the City limits is almost insignificant.
In addition to the anticipated low additional demands for new capacity, the customers outside the City limits
experience a 25% surcharge on their water and sewer bills to help offset the costs to the City. The loss of a
typical single family home account in the unincorporated area would therefore have a greater negative impact on
budget than a similar loss within the City limits. (It must be noted that the accounts within the Town of Ocean
S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Ridge do not experience this surcharge, but the Town owns the piping system within its limits, and bears all
maintenance and replacement costs of that system directly.)
In addition, the water and sewer piping networks are an integral part of the City's utility system. Carving out
portions of the western service area would require large-scale redesign and construction of new piping networks
so as to maintain adequate pressures and flows to the remaining network.
PROGRAM IMPACT:
Re-structuring the service area boundaries at this time would be highly disruptive, without yielding significant
gain to the City.
FISCAL IMPACT:
Changes to the service area boundaries could result in significant costs, and loss of revenue, depending upon the
extent of the changes.
ALTERNATIVES:
Greater detail on the scope of changes is required before alternatives can be explored.
4~~~
Department Head's Signature
J~
CIty Manager's SIgnature
l)T(L\ TIe.
City Attorney I Finance I Human Resources
Department Name
XC: Peter Mazzella (w. copy of attachments)
Michael Low
Barbara Conboy
Carisse Lejeune
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh.
XI. - NEW BUSINESS
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) [:g] June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June] 9,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda [:g] New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA nON: Please place this request on the June 20, 2006 City Commission Agenda under New Business for
preliminary consideration of a request for code review, Mayor Taylor has received a letter from the Chamber of Commerce
dated May 12,2006 recommending that the City Commission amend present City codes and or ordinances to include
requirements for demolition and remediation following approval of site plan. If supported by the Commission, the request will
be more thoroughly evaluated, considered for board review depending on what code sections are affected, and then ultimately
forwarded for final Commission consideration. Staff has not analyzed this request, to include appropriate location in the
code, amendment to the code and possible Land Development Regulation changes, and impact upon developers.
EXPLANA TION: Boynton Beach business members and residents have voiced concerns about properties that are approved
for new development but left dormant and neglected for extensive time periods. Specifically, where such a property contains
existing structures that will remain empty indefinitely, which are abandoned and derelict, the host of issues include presenting
a haven for the homeless, criminal activities, a safety hazard for children, a source of dangerous debris in a storm event,
possible environmental concerns and eyesores for the entire community. The Chamber of Commerce is requesting that
appropriate requirements for demolition of existing structures for any and all redevelopment projects should be a condition of
site plan approval and that all redevelopment site plan approvals should contain specific time lines relating to the
commencement and completion of site clearing and demolition of existing structures. Current regulations relative to site
condition and construction barriers exist with the Florida Building Code and local amendments. Ultimate staff analysis on this
issue would include appropriate timeframes and applicability, possible code sections to be amended, legal review for
sufficiency, and most importantly, affect upon, and proper procedures involving, the Florida Building Code.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TIVES: Not direct staff to conduct further review of current reg ing codes as status quo.
ffoM rJ~4~Wl/n ,
Direc r ofD5velopment City Manager's Signature
2~1J ~ /I
Planning & Zoninfl1Yrector City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
auV
~c
2006 Executive Board &
Board of Directors
Barbara Barlage,
Re/Max Direct
Board Chair
Devon Coughlan,
Elk, Bankier, Christu &
Bakst
Chair-Elect 2007
Glenn Jergensen,
Exit Real ty
The Destinations Group
Immediate Past Chair
Buck Buchanan,
The Tomorrow Connection
Angela Budano,
Mine Your Own Business
Jim Guilbeault,
Culinary Solutions, Inc.
Marie Neshe,
JFK Medical Center
Candace Smith,
Bank of America
Elliott Williams,
Communications Resource
Management, Corp.
Diana H. Johnson,
The Greater Boynton Beach
Chamber of Commerce
President
Directors
Kathlein Ambridge,
Exit Realty
The Destinations Group
Mike Branigan,
Bel/sou th
Telecommunications, Inc.
Stephanie Critchfield,
Sun-Sentinel
Robert D'Angelo,
Compson Associates, Inc. /
Renaissance Commons
Lou Frazer,
Holiday Inn Boynton Beach
Donna Hey,
Grand Bank & Trust
Tony Newbold,
Florida Power & Light Co.
Rod Silverio,
Keyes Company Realtors
Robert B. Taylor, Jr.,
Bethesda Memorial Hospital
Steve Waxelbaum,
The Palm Beach Post
1;1
~~~;:~~~
theCreater tW
Bo ton Beach m
Chamber of Commerce
~
S, I Cot. C Ie
r sl"
May 12, 2006
I) ': ~;,~ -,ce
10 L:~. ":_:'J
l~r~A;1 5 2006 .'
L i--/
CITY MANAGER'S OF~~
Mayor Gerald Taylor
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Dear Mayor Taylor:
We applaud the many quality projects that have been proposed and approved for our
community. The tremendous investment of private dollars will greatly enhance our
local economy and provide much needed revenues for additional public services,
capital improvement projects and other quality of life standards for our residents and
businesses.
With the onset of new development comes new challenges. Business members and
residents have voiced a very real concern for properties that are sited for new
development but left dormant and neglected for much too long presenting safety and
liability concerns and in most instances, actually negatively impacting surrounding
property values. Until jUst recently, the Federal Highway corridor had so many of
these derelict properties that some realtors avoided driving through our downtown
with clients, using roads north and south of downtown to reach their destinations.
The Chamber's Board of Directors recommends a positive solution to this negative
issue impacting our community, for the City Commission's consideration.
After a considerable amount of discussion by our board members, business members
and community representatives, the Boynton Beach Chamber of Commerce hereby
recommends that the City Commission amend present City codes and or ordinances to
include requirements for demolition and remediation relating to redevelopment
projects. Specifically where a developer has purchased land containing existing
structures that will remain empty indefinitely, allowing the property to become
derelict presenting a haven for the homeless, criminal activities, a grave safety hazard
for children, a source of dangerous debris in a storm situation, possible environmental
concerns and absolute eyesores for the entire community.
We strongly recommend City code and ordinance revisions be made to properly
rectify these property issues throughout our City. Specifically, appropriate
requirements for demolition of existing structures for any and all redevelopment
projects should be a condition of site plan approval. All redevelopment site plan
approvals should contain specific time lines relating to the commencement and
completion of site clearing and demolition of existing structures.
Chamber Membershiv is a Necessity of Doing Business!
639 E. Ocean Ave., Suite 108, Boynton Beach, FL 33435
Phone: 561-732-9501 Fax:561-734-4304
Website: www.BoyntonBeach.org, Email: Chamber@BoyntonBeach.org
;
Greater Boynton Beach Chamber of Commerce
Page 2
Requirements need to also be included to address security and safety concerns, including
appropriate requirements for effective fencing of the property and lighting of all
hazardous areas on the site. To the extent that demolition of existing structures would
raise environmental issues regarding hazardous substances contained within these
existing structures, these matters should also be clearly addressed.
We believe it is of utmost importance that there be tangible consequences for failure to
comply with these requirements, such as monetary fines as well as restrictions on any
future site plan extensions or payment approval of any local incentive packages granted
to the property owner.
We believe that this type of code requirement would not place any additional financial
burden on the property owner. Expenses for demolition and site clearing would have been
included in the budget for the site's redevelopment prior to the purchase of the property.
Requiring this action take place within 90 to 120 days as a condition of approval of the
site plan would be most prudent of the City Commission, clearly demonstrating that
public safety and community aesthetics area priority, over any profits realized as a result
of redevelopment.
If the City would like further feedback from our organization, the Board of Directors is
pleased to offer its assistance.
Ji~Jh--
Diana H. Johnson
President & CEO
~~
Barbara Barlage'
Board Chair
CC: Carl McKoy, Vice Mayor
Bob Ensler, City Commissioner
Mike Ferguson, City Commissioner
Mack McCray, City Commissioner
Kurt Bressner, City Manager
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2004 FLORIDA BUILDING CODE
ORDINANCE NO. 05-063/EFFECTIVE NOV. 1, 2005
BEGINNING WITH PERMIT NO. 05-6024
Words underlined are additions
Words with strikeouts are deletions
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6350 FAX (561) 742-6357
this code or in a danoerous or unsafe manner, shall immediatelv cease. Such notice shall be in
writino and shall be Qiven to the owner of the property. or to their aQent. or to the person doing
the work. and shall state the conditions under which work may be resumed. Where an
emerQencv exists. the buildinQ official shall not be required to oive a written notice prior to
stoppinq the work.
104.4 Revocation of permits
104.4.1 Misrepresentation of application. The buildinQ official may revoke a permit or
approval, issued under the provisions of this code. in case there has been any false
statement or misrepresentation as to the material fact in the application or plans on which
the permit or approval was based.
104.4.2 Violation of code provisions. The buildino official may revoke a permit upon
determination by the buildinQ official that the construction, erection, alteration, repair.
movinQ. demolition. installation. or replacement of the buildinQ. structure. electrical. qas.
mechanical or plumbinQ systems for which the permit was issued is in violation of. or not in
conformity with. the provisions of this code.
*
104.5 Unsafe buildinQs or systems. All buildinQs. structures. electrical. oas. mechanical or
plumbinq systems which are unsafe. unsanitary. or do not provide adequate eQress. or which
constitute a fire hazard. or are otherwise danQerous to human life. or which in relation to existinQ
use. constitute a hazard to safety or health. are considered unsafe buildinQs or service systems.
All such unsafe buildinQs. structures or service systems are hereby declared illeQal and shall be
abated bv repair and rehabilitation or bv demolition in accordance with the this Code. The extent
of repairs shall be determined by the buildinq official.
*'
When the buildinQ official determines that an unsafe buildinq. structure or service system cannot
be reasonablv repaired in accordance with this or the technical codes. it shall be demolished in
accordance with this section.
104.5.1 When the buildinQ official determines a buildinq. structure. electrical. Qas.
mechanical or plumbinQ system or portion thereof is unsafe. as set forth in this Code he/she
shall. in accordance with established procedure for leQal notices. oive the owner, aqent or
person in control of such buildinQ, structure. electrical, qas, mechanical or plumbin; system
written notice statinQ the defects thereof. This notice shall require the owner within a stated
time either to complete specified repairs or improvements, or to demolish and remove the
buildinQ. structure. electrical. oas, mechanical or plumbinQ system or portion thereof.
104.5.2 If necessary. such notice shall also require the buildinQ, structure. electrical. Qas.
mechanical. plumbinQ systems or portion thereof to be vacated forthwith and not reoccupied
until the specified repairs and improvements are completed, inspected and approved bv the
buildinQ official. The buildinq official shall cause to be posted at each entrance to such
buildinQ a notice statino: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted
until the required repairs are made or demolition is completed. It shall be unlawful for any
person. firm or corporation or its officers. aoents. or other servants. to remove such notice
without written permission of the buildinq official. or for any person to enter the buildinQ. or
use such systems except for the purpose of makino the required repairs or of demolishing
same.
7
104.5.3 The owner, aqent or person in control shall have the riqht to appeal from the
decision of the buildinq official, as provided hereinafter, and to appear before the
Construction Board of Adiustments and Appeals at a specified time and place to show
cause why he should not comply with said notice.
104.5.4 In case the owner, aqent, or person in control cannot be found within the stated time
limit, or, if such owner, aqent, or person in control shall fail, neqlect. or refuse to comply with
notice to repair, rehabilitate, or to demolish, and remove said buildinq, structure, electrical,
qas, mechanical or plumbinq system or portion thereof, the buildinq official. after havinq
ascertained the cost. shall cause such buildinq, structure, electrical. qas, mechanical or
plumbinq system or portion thereof, to be demolished, secured, or required to remain vacant
or unused.
104.5.5 The decision of the buildinq official shall be final in cases of emerqency, which, in
the opinion of the buildinq official, involve imminent danqer to human life or health, or the
property of others. He/she shall promptly cause such buildinq, structure, electrical. qas,
mechanical or plumbinq system or portion thereof to be made safe or cause its removal. For
this purpose he/she may at once enter such structure or land on which it stands, or abuttinq
land or structures, with such assistance and at such cost as he may deem necessary.
He/she ma~ order the vacatinq of adiacent structures and may require the protection of the
public by a propriate fence or such other means as may be necessary, and for this purpose
may close a public or private way.
104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charqed to the owner of the
premises involved. If charqes are not paid within a ten (10) day period followinq the billinq
notification sent by certified mail, the owner of the premises will be charqed in the followinq
manner:
1. The buildinq official shall assess the entire cost of such vacation, demolition, or removal
aqainst the real property upon which such cost was incurred, which assessment shall
include but not be limited to all administrative costs, postal expenses, newspaper
publication, and shall constitute a lien upon such property superior to all others except
taxes.
2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book
showinq the nature of such lien, the amount thereof and an accurate leqal description of
the ~roperty. includinq the street address. which lien shall be effective from the date of
filin_ and recite the names of all persons notified and interested persons. After three (3)
months from the filinq of any such lien which remains unpaid, the qoverninq body may
foreclose the lien in the same manner as mortqaqe liens are foreclosed. Such lien shall
bear interest from date of abatement of nuisance at the rate of ten (10) percent per
annum and shall be enforceable if unsatisfied as other liens may be enforced by the
governinq aqency.
104.6 Requirements not covered bv code. Any requirements necessary for the strenqth,
stability or proper operation of an existinq or proposed buildinq, structure, electrical, qas,
mechanical or plumbinq system, or for the public safety, health and qeneral welfare. not
specifically covered by this or the other technical codes, shall be determined by the buildinq
official. In addition, other requirements to implement. clarify or set procedures to accomplish the
intent of this code may be set in writinq by the buildinq official and may be posted electronically
for public access.
104.7 Reserved.
8
Florida Building Code 2004, Building
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Florida Building Code 2004, Building
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2004 Florida Building Code, Building
First Printing
Publication Date: October 2004
COPYRIGHT @ 2004
by
INTERNATIONAL CODE COUNCIL, INC.
ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial
copyrighted material from the 2003 International Building Code which is a copyrighted work
owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church,
Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the
copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form
or by any means, including, without limitation, electronic, optical or mechanical means (by way
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[Phone (708) 799-2300].
Trademarks: "International Code Council," the "International Code Council" logo and the
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PRINTED IN THE U.S,A.
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SECTION 3303 DEMOLITION
Page 1 of 1
SECTION 3303
DEMOLITION
3303.1 Construction documents.
Construction documents and a schedule for demolition must be submitted when required by the
building official. Where such information is required, no work shall be done until such
construction documents or schedule, or both, are approved.
3303.2 Pedestrian protection.
The work of demolishing any building shall not be commenced until pedestrian protection is in
place as required by this chapter.
3303.3 Means of egress.
A party wall balcony or horizontal exit shall not be destroyed unless and until a substitute means
of egress has been provided and approved.
3303.4 Vacant lot.
Where a structure has been demolished or removed, the vacant lot shall be filled and
maintained to the existing grade or in accordance with the ordinances of the jurisdiction having
authority.
3303.5 Water accumulation.
Provision shall be made to prevent the accumulation of water or damage to any foundations on
the premises or the adjoining property.
3303.6 Utility connections.
Service utility connections shall be discontinued and capped in accordance with the approved
rules and the requirements of the authority having jurisdiction.
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SECTION 3306 PROTECTION OF PEDESTRIANS
Page 1 of3
SECTION 3306
PROTECTION OF PEDESTRIANS
3306.1 Protection required.
Pedestrians shall be protected during construction, remodeling and demolition activities as
required by this chapter and Table3306.1. Signs shall be provided to direct pedestrian traffic.
HEIGHT OF DIST ANCE FROM CONSTRUCTION TO LOT LINE TYP
CONSTRUCTION PROTI
REQI
8 feet or less Less than 5 feet Construct
5 feet or more Nl
More than 8 feet Less than 5 fee1 Barrier i
5 feet or more, but not more than one-fourth the height 0 Barrier;
construction
5 feet or more, but between one-fourth and one-half the height 01
construction
5 feet or more, but exceedinQ one-half the height of construction
TABLE 3306.1
PROTECTION OF PEDESTRIANS
For 81: 1 foot = 304.8 mm.
3306.2 Walkways.
A walkway shall be provided for pedestrian travel in front of every construction and demolition
site unless the authority having jurisdiction authorizes the sidewalk to be fenced or closed.
Walkways shall be of sufficient width to accommodate the pedestrian traffic, but in no case shall
they be less than 4 feet (1219 mm) in width. Walkways shall be provided with a durable walking
surface. Walkways shall be accessible in accordance with Chapter 11-and shall be designed to
support all imposed loads and in no case shall the design live load be less than 150 pounds per
square foot (pst) (7.2 kN/m 2).
3306.3 Directional barricades.
Pedestrian traffic shall be protected by a directional barricade where the walkway extends into
the street. The directional barricade shall be of sufficient size and construction to direct
vehicular traffic away from the pedestrian path.
3306.4 Construction railings.
Construction railings shall be at least 42 inches (1067 mm) in height and shall be sufficient to
direct pedestrians around construction areas.
3306.5 Barriers.
Barriers shall be a minimum of 8 feet (2438 mm) in height and shall be placed on the side of the
walkway nearest the construction. Barriers shall extend the entire length of the construction site.
Openings in such barriers shall be protected by doors which are normally kept closed.
3306.6 Barrier design.
Barriers shall be designed to resist loads required in Chapter ll:Junless constructed as follows:
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAA.l
XI. - NEW BUSINESS
ITEM B.
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20. 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April] 7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda ~ New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under New Business for
preliminary consideration of a request for code review. Staff recommends that the Commission support the further processing
of this request from Ms. Leeza Arustamyan. If supported by the Commission, this proposed amendment to zoning regulations
will be forwarded to the Planning & Development Board for their recommendation before being forwarded for Commission
consideration. Staff has not completed its analysis and report, but supports this item preliminarily based on its similarity with
live/work ordinances of other local municipalities, and the potential for the proposed use to perform similar to several other
uses currently allowed.
EXPLANATION: The request is to amend the Land Development Regulations, Chapter 2, Section 6.H.15. Suburban
Mixed Use Zoning District to add "Massage Therapy" as a pennitted use within the LiveIWork use list of the SMU zoning
district. A provision for live/work units was included in the new (SMU) zoning district to support
the mixed-use environment for which it is was established. Similar zoning districts have been established in other cities
throughout the county to support this trend. The original list of permitted uses originated from a base list from another
jurisdiction. Several uses were omitted in drafting our code, such as retail and other uses that were judged as being too
intensive for the residential components of SMU projects being proposed in the city. Given the many uses that exist, and the
dynamic nature of the business world, it is impossible to create a perfectly complete list. See the
attached request from the applicant and the current list of pennitted uses for LiveIW ork units.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TE~ATIVES:
N/A
N/A
N/A
~~lure
,} .-.I""~-,1'_,'l, "
D6-p~rtmdnt Head's Signature
hL/7 ()_
Department ~
City Attorney / Finance / Human Resources
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Boynton Beach Code
d. Tabulations analyzing the number of
total gross acres in the project and the percentages
thereof proposed to be devoted to the dwelling types,
nonresidential uses, other accessory structures,
off-street parking and off-street loading, streets,
recreation areas, parks, schools and other
reservations. Tabulations of total number of dwelling
units in the project by types and the overall project
density in dwelling units. Tabulations of floor area of
nonresidential uses and the overall project intensity.
Floor area as computed from FAR shall include the
floor area of all permitted principal or accessory uses
except areas for parking, storage, elevator hoist
equipment or machinery, heating or air conditioning
equipment, stairwells and towers, and the like; and
requirements deriving from floor areas shall include
such floor area.
e. Common areas. Once a master plan
and boundary plat approval has been obtained the
applicant shall proceed in accordance with the
requirements of the subdivision regulations,
determined to be applicable. In addition to the plat
certificates specified in the city subdivision regulations
and prior to recording a final plat, the developer shall
file, a legally constituted maintenance association
agreement for improving, perpetually operating, and
maintaining the common facilities; including streets,
drives, parking areas, plazas and open space and
recreation facilities; or he shall file such documents as
are necessary to show how the said common areas are
to be improved, operated or maintained. Such
documents shall be subject to the reasonable approval
of the City Attorney.
14. Once a master plan has been approved in a
SMU district, the designated parcels may be platted as
a boundary plat for the purpose of a sale to a
third-party purchaser. Each parcel that is platted will
be subject to technical site plan approval as provided
in the City's Code. This boundary plat may be
processed simultaneously with the SMU master plan
or a SMU master plan modification.
15. Live/Work Unit Permissible Uses. The
following list identifies the permitted uses within
designated live/work units, subject to occupational
license requirements:
2005 S-24
BUSINESS SERVICE
Addressing service/mailing list compiler
Arbitrator, mediator services
Cleaning services, maid, housekeeping,
janitorial
Commercial artist/design studio
Commercial photography
Computer programming service
Computer software development
Data processing
Direct mail advertising services
Editing, proofreading, typing service
Paralegal
Party supplies, rental/leasing (office only, no
storage on site)
Private investigator
Recording service
Secretarial service
Boat broker (office only)
PERSONAL SERVICE
Alteration, dressmaking shop, tailor
PROFESSIONAL SERVICE
Abstract and/or title company
Accountant/income tax services
Adjusters, insurance
Advertising office
Appraiser
Architect
Attorney
Auctioneer (office only)
Author
Broker
Business analyst
Calculating and statistical service
Court reporting/stenographers
Credit reporting
Engineer's office
Importer/exporter (office only)
Insurance agency /bond office
Interior decorating
Loan company office
Market research office
Model agency
Notary public office
Public relations office
Real estate sales/management office
Travel agency
OTHER USES
Tutoring or instruction (academics, music, art)
Art studio with ancillary sales
(Ord. No. 95-05, ~ 1,3-21-95; Ord. No. 95-24, ~~ 1,
2, 3, 8-15-95; Ord. No. 95-27, ~ 1, 7-18-95; Ord.
No. 95-45, ~ 1, 12-19-95; Ord. No. 96-51, ~ 3,
1-21-97; Ord. No. 97-24, ~~ 1, 2, 3, 7-1-97; Ord.
No. 97-29, ~ 1, 6-17-97; Ord. No. 98-31, ~ 2,
8-4-98; Ord. No. 99-38, ~ 1,1-4-00; Ord. No. 00-55,
~~ 3 and 4, 10-17-00; Ord. No. 00-63, ~~ 2, 3, 4,
12-5-00; Ord. No. 00-16, ~~ 2 and 3,3-20-01; Ord.
No. 01-17, ~ 1,4-3-01; Ord. No. 01-30, ~ 2,7-3-01;
Ord. No. 01-45, ~ 3, 8-7-01; Ord. No. 01-52, ~ 2,
10-4-01; Ord. No. 02-024, ~ 2, 6-18-02; Ord. No.
03-010, ~ 3, 4-1-03; Ord. No. 03-015, ~ 2, 5-6-03;
Ord. No. 03-016, ~ 3, 5-20-03; Ord. No. 04-011,
~ 2, 4-7-04; Ord. No. 04-027, ~ 4, 4-20-04; Ord. No.
04-032, ~ 2, 5-18-04; Ord. No. 04-67, ~ 2, 8-17-04;
Ord. No. 04-79, ~ 3, 10-19-04; Ord. No. 05-017,
~ 2,3-15-05; Ord. No. 05-028, ~ 5, 7-5-05; Ord. No.
05-043, ~ 2, 8-16-05)
Sec. 7.
Planned industrial development district.
A. INTENT AND PURPOSE. A planned
industrial development district (PID) is established.
The purpose of this district is to provide a zoning
classification for light industrial development that will
better satisfy current demands for light. industrial
zoned lands by encouraging development which will
reflect changes in the technology of land development
and relate the development of land to the specific site
and to conserve natural amenities. Regulations for the
PID are intended to accomplish a more desirable
environment for industrial development in relation to
existing and/or future city development, permit
economies in providing public services, allow for
economies of scale in industrial development, and to
promote the public health, safety, convenience,
welfare and good government of the City of Boynton
Beach. PID districts may contain Mixed Use Pods
with retail, commercial, office, and residential
components, subject to the design and approval
criteria hereinafter set forth.
B. DEFINITION. A "planned industrial
development" :
2006 S-25
Zoning
37
1. Is land under unified control, planned
and developed as a whole in a single development
operation or an approved programmed series of
development operations for industrial buildings and
related uses and facilities;
2. Provides for an industrial district of
efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developments;
3. Is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans and
elevations for all buildings intended to be located,
constructed, used and related to one another, and
detailed plans for other uses and improvements on the
land related to the buildings; and
4. Includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the PID, but will not be provided,
operated or maintained at public expense.
C. MINIMUM LAND AREA FOR PID. The
mmllTIum land area for a planned industrial
development shall be twenty-five (25) contiguous
acres.
D. UNIFIED CONTROL. All land included
for purpose of development within district shall be
under the control of the applicant (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PID. The applicant shall agree
to:
1. Proceed with the proposed
development according to the provisions of these
zoning regulations and conditions attached to the
zoning of the land to PID;
2. Provide agreements, contracts, deed
restrictions, and sureties acceptable to the city for
completion of the development according to the plans
Leeza Arustamyan
c/o 1\fajestic Feelings 1\Iassage
9687 S\V 1 Place, Boca Raton, FL 33428
1\Jassagda)1\JajesticFeelings.com ~ 954-255-4854
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May 17, 2006
Michael W Rumpf
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425
RE: Addition to the list of uses in SMU zoning
MAY 2 2 2006
Dear Mr. Michael W. Rumpf:
\ __Ll~U!; ~,' :~. :~\_------
Please accept this letter as an application/request to add to the list of allowedbusill.~ss within S:MU
zoning the following business:
· Massage Therapy (Body Care)
Purchasing a unit in Renaissance Commons has given us the opportunity to realize our long-lived
dream of balancing living and working together in the same setting. While raising two boys, we
believe it will be a great opportunity for us to keep an eye on the kids while doing what we love.
My husband, Vigen Arustamyan, and I own a home-based massage therapy business - Viglee Corp,
d.b.a Majestic Feelings Massage.
Vigen is an experienced, insured Florida state licensed massage therapist (LMT# 1\1A41224) with a
clean record.
Currently our business is a mobile based business. At the present time Vigen has three regular
clients. Although we do intend to increase the number of clients, one is physically not capable to
massage more than 3-5 clients a day. The physical limitations of a low clientele should keep the
traffic in the neighborhood down to a minimum.
Due to the nature of the business, we do not depend on frequent deliveries or produce excess
waste.
As per the City of Boynton Beach code, the Massage Therapy office will be located on the ground
level and will not utilize garage or living spaces. No more than 30% of the live/work unit will be
allocated for working space. In addition, the office will be a separate unit from other uses in the
building. (please see enclosed floor plan)
Entree to the office will be accessible from the front of the unit from the public sidewalk adjacent
to the street.
- 2 - May 17,2006
Vigen and I intend to live in the unit and will not have more than two (2) on-site employees, in
lddition to us at any time.
In order to succeed, we are determined to follow the codes and policies, thus we intend to obtain
Florida State establishment license for our business. By obtaining the license it will mean that we
have met all the requirements and will adhere to all the rules and regulation not only for the
physical structure of the unit, but with the health and insurance set of laws.
Attached please find three letters signed by Stephen Liller of Town and Country Homes, Richard
Foreman of the Sembler Company, and Carl Klepper of Compson Associates. These three
development companies own more that 500/0 of land within the SMU zone and have endorsed the
changes we have requested.
Please do let me know if you have any questions and/or concerns via e mail
Massage@MajesticFeelings.com or via 954-255-4854.
Respectfully,
~r
Leeza Arustamyan
Majestic Feelings Massage
Enclosed:
o Application fee $250.00
o VigLee corporation information
o Florida State Massage Therapy License
o Proof of Clean record
o Palm Beach County Occupational License
o FSMfA Liability Insurance
o First Floor - floor plan
o Abacoa - Jupiter list of allowed businesses
o Three letters of developers endorsing the change request
l, J.
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
J\.1eetine Dat(0 in to Cm Clerk's Offie~ Meeting Dates in to City Clerk's Office
0 April 4. 2006 March 20, 2006 (Noon.) [gJ June 6, 2006 May ]5,2006 (Noon)
TA b i e..di
0 April] 8,2006 April 3,2006 (Noon) !Zl June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May] 6,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA TION: Motion to table the repeal of Article III, of Chapter 18 of the Boynton Beach Code of Ordinances,
entitled "Pensions for Police Officers," and adopting a new Article III in replacement, thereof to be entitled "Municipal Police
Officers' Retirement Trust Fund" to the Commission meeting of June 20, 2006 because the requested financial analysis to be
completed by the Segal Company wiIl not be available until June 9, 2006 at the earliest.
EXPLANATION: The proposed new Article III, entitled "Municipal Police Officers' Retirement Trust Fund", has two
intended purposes:
I. The new article is intended to clarify and compile all pension related ordinances into one clear and concise easy to read
document entitled "Municipal Police Offices' Retirement Trust Fund". The new article clarifies the existing plan
document language and consolidates amendments. The new article is more defmitive and will reduce some of the
members and retirees confusion. The new article provides for the members to have more control of their drop, vacation
and sick funds, while providing retirees with an opportunity to make better withdrawal and investment decisions that may
result in better income tax consequences.
II. This ordinance provides for an increase of Y, "one-half "percent in the multiplier calculation. This will increase the
multiplier from 3.00% to 3.50%. The normal retirement benefit payable to a police officer who retires on or after the
nomlal retirement date shaIl be an amount equal to the number of years of his or her credited service multiplied by 3.50%
of his or her average fmal compensation. (This would apply to all past and future service members who have not yet
terminated employment or entered the DROP.)
PROGRAM IMPACT:
I. The new restatement amends language pertaining to the distribution methodology in section 18-] 69, Instead of using
percentages we are using units to identify value and this wiIl reduce the confusion factor now plaguing the retirees. We
are adopting language in Section 18-] 72 Buyback of prior service. The new plan restatement would alIow police officers
the opportunity to purchase prior service time in the armed forces of the United States of America, even if they are
receiving or wiIl receive a pension benefit from the military. Also section 18-] 75 has been amended to provide for some
income tax incentives. This allows members to select a suitable year for distributions pertaining to their individual
income tax consequences.
S:\BULLETlN\FORMS\AGENDA lTEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT (continued):
II. The increase in the multiplier from 3.00% to 3.50% would make the Boynton Beach Police Pension Plan a more
competitive retirement program when comparing Boynton Beach to other local municipalities, including the Cities of
Delray Beach and Boca Raton, and their Police retirement plans. This would provide a tremendous boost in morale
knowing that the City of Boynton Beach has chosen to hold in high esteem their la\v enforcement personnel. This will
also enable the BBPD to continue its ability to recruit and retain police recmits that are at the highest caliber in the
profession.
FISCAl> IMPACT: Based on the actuarial impact statement of January II, 2006 and the subsequent review of the proposed
increase in the multiplier by the Segal Company, the City's pension consultant, this proposed change in Police Pension
benefits will result in no increase in cost to the City. The change in the benefit formula and increase in plan benefits results in
increased employer costs of approximately $385,000. However, the Police Pension Board has proposed changing from the
Frozen Entry Age funding method to the Entry Age funding method, which \Vas suggested by our pension consultant, which
results in a decrease in the City's required contribution of almost $668,000. In addition, the Police Pension Board is
proposing that the assumed interest rate be reduced from 8.50% to 8.00%, which serves to provide greater stability to the fund
and lessen fluctuations in funding requirements in the future, but actually increases the City's contribution by approximately
$269,000. When the cost impact of all three factors is combined, the resulting difference is negligible. The other proposed
modifications included in the new article have been determined to have no cost impact to the City as well.
ALTERNATIVES:
I. Remain with the original document which is not as clear and concise as the new article,
II. Maintain the current multiplier of 3.00%, but implement the other changes to the actuarial assumptions.
Ill. Make no changes
Police Pension Plan
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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I
2 ORDINANCE 006- 03Co
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORJDA,
4 REPEALING ARTICl,E HI, OF CHAPTER ] 8 OF THE BOYNTON
5 BEACH CODE OF ORDINANCES, ENTITIJED "PENSIONS FOR
6 POIJICE OFFICERS," AND ADOPTING A NE\V ARTICI~E HI IN
7 REPLACEMENT THEID=OF TO BE ENTITLED "MUNICIPAL
8 POLICE OFFICERS' RETIREMENT TRUST FUND;" PROVIDING
9 FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING
10 FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
II HEREOF.
12 \VHJ1=REAS, the State Legislature of the State of Florida has enacted numerous
13 amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers'
14 Retirement Trust Funds; and
15 'VHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
16 revise its Police Officers' Pension Ordinance in order to comply with State Statutes and to
17 provide pension benefits to its police officers;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA:
20
Section ].
The foregoing "WHEREAS" clauses are hereby certified as being true
21 and correct and are incorporated herein by this reference
22
Section 2.
Article HI of Chapter 18 of the Boynton Beach Code of Ordinances is
23 hereby repealed and a new Article HI of Chapter 18 is hereby adopted as follows:
24 ARTICLE m. MUNICIPAL POLlCE OFFICERS' RETIREMENT TRUST FUND
25 Section 18-164. Creation and Maintenance of Fund and Retirement System
CODING: Words in stJ:ike-through type are deletions from existing law;
Words in underscore type are additions.
Page I of 63
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CODING:
A There is hereby created a special pension fund for the Police Officers of
Boynton Beach, Florida, to be known as the Boynton Beach Police Officers'
Pension Fund. All assets of every description held in the name of the Boynton
Beach Police Officers' Retirement Trust Fund shall continue to be held. but stich
fund shall hereafter be known as the Boynton Beach Police Officers' Pension
Fund and shall be administered as set forth in this Article of Chapter 18 of the
City of Boynton Beach Code.
The Fund shall be maintained in the follmving manner:
I. By payment to the Fund of the net proceeds of the .85% excise tax which is
imposed by the City of Boynton Beach upon certain casualty insurance
companies on their gross receipts of premiums from holders of policies.
which policies cover property within the corporate limits of the City of
Boynton Beach as authorized in Chapter 185, Florida Statutes, amended.
These amounts are to be deposited with the Board 0 f Trustees within five (5)
days of receipt by the municipality. Chapter 185, Fla. Stat.
2. By the payment to the Fund of se~en percent (7O/;,1-of the salary of each full
time police officer duly appointed and enrolled as a member of the City of
Boynton Beach Police Department; which sev_t::!L]2g.fent (7%) shall be
picked up, rather than deducted, by the City of BO)11ton Beach from the
compensation due to the Police Officer and paid over to the Board of
Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly
Words in strike through type are deletions from existing law:
Words in underscore type are additions.
Page 2 of 63
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basis. All pickup contributions shall be treated as employer contributions for
the purposes of determining tax treatment under the lntemal Revenue Code
of 1986. as amended. AJJ such pick up amounts shall be considered as
employee contributions for purposes of this plan. The percentage deducted
from the police officers' salaries are to be deposited with the Board of
Trustees immediately. Chapter 185, Fla. Stat., Boynton Beach Code of
Ordinances Sec. 18- 170.
3. By a]] fines and forfeitures imposed and co]]ected from any police officer
because of the violation of any rule and regulation adopted by the Board of
Trustees, Chapter 185, Fla, Stat.
4. By mandatory payment at least quarterly by the City of Boynton Beach a
sum equal to the Donnal cost and the amount required to fund any actuarial
deficiency shown by an actuarial valuation as provided in Part VI] of
Chapter I 12, Florida Statutes, Chapter 185, Fla. Stat. On an annual basis,
the Board of Trustees wi]] evaluate the actuarial assumptions used.
5. By alI gifts, bequests, and devises when donated to the fund. Chapter 185,
Fla. Stat.
6. By a]] accretions to the fund by way of interest or dividends on bank
deposits, or otherwise. Chapter 185, Fla. Stat.
7, By all other sources or income now or hereafter authorized by law for the
augmentation of the Boynton Beach Police Officers' Pension Fund. Chapter
185, Fla. Stat.
Words in strike through type are deletions from existing law;
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Page 3 of 63
c
tInder no circumstances may the City of Boynton Beach reduce the member
2
contribution to less than one-half e12) of one percent (jfl(l) of salary Chapter
3
185. Fla_ StaL
4 Section 18-] 65. Definitions.
5
The following words or phrases, as used m this ordinance. shall have the
A.
6
7
8
following meaning:
1_ "Actuarial Equivalence" or "Actuarially Equivalent" means that any benefit
9
payable under the tenns of this Plan in a Foml other than the nonnal fonn of
10
benefit shall have the same actuarial present value on the date payment
] I
commences as the nonnal fann of beneflL For purposes of establishing the
12
actuarial present value of any form of payment, all future payments shall be
13
discounted for interest and mortality by using eight percent (8%) interest and
14
the 1983 Group Annuity Mortality Table, blending t::.igh!y percent (80%)
15
Males and twenty percent (20%) Females, with ages set ahead flve [2} years
16
in the case of disability retirees,
17
2. "1\ verage flnal compensation" shall mean the average total remuneration
18
received by a police officer during the best flve (5) years-o(service with the
19
city within the last ten ilQ). Chapter 185, Fla. StaL, Boynton Beach Code of
20
Ordinances Sec. 18-168, as amended by Ordinance No. 0 00-] 8 and 00-004.
21
3. "Compensation" or "salary" shall mean the total cash remuneration including
22
lump sum payments for accumulated sick and vacation leave and "overtime"
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Page 4 of 63
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paid by the primary employer to a police officer for services rendered, but
not including any payments for extra duty or a special detail work perfonned
on behalf of a second party employer paid directly to the police officer by
the second party employer. This definition also excludes severance pay and
other similar payments which are not for services rendered. The member's
compensation or salary contributed as employee-elective salary reductions or
deferrals to any salary reduction, deferred compensation, or tax-sheltered
annuity program authorized under the Internal Revenue Code shall be
deemed to be the compensation or salary the member would receive if he or
she were not participating in such program and shall be treated as
compensation for retirement purposes under this ordinance Article. For any
person who first becomes a member in any p-J:>lan year beginning on or after
January 1, ] 996, compensation for any p-J:>lan year shall not include any
amounts in excess of the Internal Revenue Code. section, 401 (a)( 17) of the
Internal Revenue Code limitation (as amended by the Omnibus Budget
Reconciliation Act of 1993), which limitation of $150,000 shall be adjusted
as required by federal law for qualified government plans and shall be
further adjusted for changes in the cost of living in the manner provided by
Internal Reyenue Code sectiono 401 (a)(I 7)(B) of the Internal Revenue Code.
For any person who first became a member prior to the first plan year
beginning on or after January I, 1996, the limitation on compensation shaH
be not less than the maximum compensation amount that was allowed to be
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Page 5 of 63
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taken into account under the plan as in effect on July I. 1993. which
limitation shall be adjusted for changes in the cost of living since 1989 in the
manner provided by ffiternal--Reveffil€--~'eBe-ser:tion~ 40 I (a)( I7)(B) QfJJle
InleDl;1LRevenu~Code f-l-9-9-H. ('hapter 185. Fla. Stat.
4. "Creditable service" or "credited service" shall mean the aggregate number
of years of service and fractional parts of years of service of any police
officer, omitting intervening years and fractional parts of years when such
police officer may not have been employed by the municipality subject to
the following conditions:
a. No police officer will receive credit for years or fractional parts of years
of service if he or she has withdrawn his or her contributions to the fund
for those years or iTactional parts of years of service, unless the police
officer repays into the f-fund the amount he or she has withdrawn, plus
interest as determined by the board in accordance with 918- 172.
b. A police officer may voluntarily leave his or her contributions ID the
Fund for a period of five ( 5) years after leaving the employ of the police
department, pending the possibility of his or her being rehired by the
same department, without losing credit for the time he or she has
participated actively as a police officer. If he or she is not reemployed as
a police officer with the same department within five (5) years, his or her
contributions shall be returned to him or her without interest.
c. In determining the creditable service of any police officer, credit for up
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Page 6 of 63
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to five (5Lyears of the time spent in the military service of the Armed
Forces of the United States shall be added to the years of actual service,
if:
(1) The police officer is in the active employ of the municipality
prior to such service and leaves a position, other than a temporary
position, for the purpose of voluntary or involuntary service in
the Anned Forces of the United States,
(2) The police officer is entitled to reemployment under the
provlslOns of the Uniformed Services Employment and
Reemployment Rights Act.
(3) The police officer returns to his or her employment as a police
officer of the municipality within one ( I) year from the date of
his or her release from such active service.
Continuous service with the employer shall not be broken in the event of:
(1) Absence on an approved leave of absence;
(2) Absence from work because of occupational injury or disease
incurred in employment for which a police officer is entitled to
Workers' Compensation payments;
(3) Absence due to service in the armed forces of the United States
provided the officer shall re-enter employment with the City
within one (1) year of discharge.
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Page 7 of 63
')
L
">
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Chapter 185, Fla. Stat.
') "Beneficiarv" shall mean any person, including the estate of the member,
who is entitled to receive a pension benefit payable from the Boynton Beach
Police Officers' Pension Fund upon the death of a member or participant.
Chapter 185, Fla. Stat.
6. "Fund" or "Police Officers' Pension Fund" shall mean the Boynton Beach
Police Officers' Pension Fund. Chapter] 85, Fla. Stat.
7. "Plan year" shaJJ mean the fiscal year commencing October
sl
and ending
Ih
the following September 30 . Boynton Beach Code of Ordinances See, ] 8-
17], Ord. No. 90-23, ~ I, 8-7-90.
8. "Police officer" shall mean any person who is elected, appointed or
employed full time by the City of Boynton Beach, who is certified or
required to be certified as a law enforcement officer in compliance with
~943.1395, Florida Statutes, who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal, criminal, traffic or
highway laws of the state, This definition includes all certified supervisory
and command personnel whose duties include, in whole or in part, the
supervision, training, guidance, and management responsibilities of full-time
13\V enforcement officers, part-time law enforcement officers or auxiliary
law enforcement officers as the same are defined in ~943.1 0(6) and (8),
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S:\CA \PENSION'J'OLlCE\Reslatement 03-01 -06.doc
Page 8 of 63
Florida Statutes. Chapter 185, Fla. Stat.
2
9. "Retiree" or "retired police officer" shall mean a police officer who has
3
entered retirement status. For the purposes of the Deferred Retirement
4
Option Plan (DROP), a police officer who enters the DROP shall be
5
considered a retiree for all purposes of the plan. Chapter 185, Fla. Stat.
6
] O. "Retirement" shall mean a police officer's separation from City employment
7
with immediate eligibility for receipt of benefits under the plan. For
8
purposes of the DROP, "retirement" means the date a police officer enters
9
the DROP. Chapter] 85, Fla. Stat.
]0
B.
The masculine gender includes the feminine and words of the singular with
] I respect to persons include plural and vice versa.
12 Section 18-166. Board of Trustees Created.
13
A.
Board of Tn/stees. There is hereby created a Board of Trustees of the Boynton
14
Beach Police Officers' Pension Fund which shall be solely responsible for
15
administering the Pension Fund. The Board of Trustees shall be a legal entity,
]6
with the power to bring and defend lawsuits of every kind, nature and
17
description, and to the extent required to accomplish the i~nt, requirements
]8
and responsibilities provided for in this ordinall€e-Article. The Board shall
19
20
consist of five .GltIrustees as follows:
21
1.
Two ill legal residents of the City, who shall be appointed by the City
22
Council Commission. Each City Trustee shall serve at the pleasure of
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Page 9 of 63
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21
the Citl' COl/nEtl-Commission. !-ach City Trl/stee may sllcceed hirnself or
2
herself as a Trustee.
'>
-)
2.
Two CD police officer participants of the City of Boynton Beach Police
4
Of1icers Pension Fund, who arc elected hy a majority of the police
5
officer participants in the Fund. Elections shall he held under such rules
6
and regulations as the Board of Tmstees shall fTOm time to time adopt.
7
Each police officer tImstee shall serve as a Tmstee for a period of two
8
QJ years, unless he or she sooner ceases to be a police officer in the
9
employ of the Boynton Beach Police Department, whereupon their
10
successor shall be eJected by a majority of the participants of the
1 ]
Boynton Beach Police Officers' Pension Fund. Each police officer
12
tlrustee may sllcceed himself or herself as a tTmstee.
13
3.
A fifth tIrustee shall be chosen by the majority of the other four ill
14
tImstees. This fifth tJrllstec 's name shall be submitted to the City
15
bEHtR€il-Commission, which shall, as a ministerial duty, appoint such
16
person to the Board as a fifth rTrustee. The fifth fIrustee shall serve as
17
a tJrustee for a period of two ill years, and may succeed himsel I' or
18
herself as a tTmstee.
19
Chapter 185,Fla, Stat.
20
B.
Board Vacancies; Procedures to Fill Same, In the event a t-Irustee provided for
in Section 18-] 66(A)(2) ceases to be a police officer in the employ of the City of
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Page 1001'63
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Boynton Beach Police Department, he shall be considered to have resigned from
2
the Board of Trustees. In the event such a tImstee shall resign, be removed, or
3
become ineligible to serve as 1-- Irustee, the Board shall, by resolution motion,
4
declare that office of t-Imstee vacated as of the date of adoption of such
5
resolution motion. If such a vacancy occurs in the office of t- Irustee within
6
ninety (90) days of the next succeeding election for tIrustee, the vacancy shall
7
be filled at the next regular election for the unexpired portion of the tenn;
8
otherwise, the vacancy shall be filled for the unexpired portion of the tenn at a
9
special election called by the Board. In the event a 1-- Irustee provided for in
10
Section 18-166(A)( I) and (3) shall resign, be removed or become ineligible to
] ]
serve as 1-- Irustee, the Board shall, by resolution motion, declare that office of
]2
Trustee vacated as of the date of adoption of the resolution motion. The
13
successor for the unexpired portion of the term shall be chosen in the same
14
manner as an original appointment.
]5
c.
Board Meetings: Quorum: Procedures. The Board of Trustees shall hold
]6
meetings regularly, at least once each quarter and shall designate the time and
17
place thereof. At any meeting of the b-Board, three QLl- Imstees shall
]8
constitute a quorum. Each 1-- Irustee shall be entitled to one ill vote on each
19
question before the Board and at least three ill concurring votes shall be
20
required for a decision by the Board at any of its meetings. The Board shall
2]
adopt its own rules and procedures and shall keep a record of its proceedings.
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Page] 1 of63
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All meetings of the Board shall he open to the public. No t-frustee shall take
part in any action in connection with their O\\n participation in the fEund. and
no unfair discrimination shall he sho\vn to any individual police officer
participating in the flund.
I . Board Chainnan and Secretary.
a. The Board of Trustees shall. hy majority vote, elect from its
members a Chainnan and a Secretary.
h. The secretary of the Board shall keep
(1) a complete minute book of the actions, proceedings or
hearings of the Board;
(2) 1\ record of all persons recelvmg retirement payments
under the plan which includes the time when the pension
is allowed and when the pension shall cease to be paid;
and
(3) A list of all police officers employed by the municipality
which includes the name, address and dates of hire and
termination.
Compensation, The t- Trustees of the Boynton Beach Police Officers' Pension
Fund shall not receive any compensation for their services as such, but may
receive expenses and per diem when performing official duties in administering
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S:\CA\PENSION\POI ICE\Restatement 03-01-06dlll'
Page 12 of63
the fund.
2 Section 18- 167. Powers of the Board of tIrustees.
3
A.
The Board of Trustees may:
4
Invest and reinvest the assets of the Boynton Beach Police Officers'
1.
5
Pension Fund in annuity and life insurance contracts of life insurance
6
compames In amounts sufficient to provide, in whole or in part, the
7
benefits to \vhich all the participants In the municipal police officers,
8
retirement trust fund-Pension Fund shall be entitled under the provisions
9
of this efamflfl€e Article and pay the initial and subsequent premiums
]0
thereon from the integral part of the Fund. If current state contributions
11
are adequate to fund minimum requirements of Chapter 185, Florida
12
Statutes additional State funds may be used to provide benefits that
13
exceed requirements of Chapter 185.
14
15
16
2.
Invest and reinvest the assets of the retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank insured
17
by the Bank Insurance Fund, or a savings and loan association
18
insured by the Savings Association Insuran.cJ~, Fund which is
19
administered by the Federal Deposit Insurance Corporation or a
20
state or federal chartered credit union whose share accounts are
21
insured by the National Credit Union Share Insurance Fund.
22
b,
The aggregate investment of fEund assets in:
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Page 13 of63
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CODING:
(I) Obligations ojlhe 11nited States or uhligatiolls guarantce'd
as to principal and interest bv the (;overnment oj the'
United States:
(2) Bonds issued by the Slate of Israel:
(3) Bonds or other evidences of indebtedness issued or
guaranteed by a corporation organized under the laws of
the United States, any state or organized territory of the
United Slates, or the District of Columbia. However. the
average rating of such investments in bonds shall be no
lower than AJ\-;
(4) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or of
any other state agency, which have been approved as to
legal and fiscal sufficiency by the state board of
administration; and
(5) Obligations of any municipal authority issued pursuant to
the laws of this state; provided, however, that for each of
the five ill years next preceding the date of investment
the income of such authority available for fixed-charges
shall have been not less than ].5 times its average annual
fixed-charges requirement over the life of its obligations;
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Page 1401'63
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shall not at cost exceed sixtv- five percent (65%) of the
fund's assets; nor shall more than ten percent (10%) of the
fund's assets be invested in the bonds or other certificates
of indebtedness of anyone ill issuing company; not shall
the aggregate of such investment in anyone ill issuing
company exceed three percent (3%) of the outstanding
bonds or other certificates of indebtedness of that
company.
c. The aggregate investment of fEund assets in the common stock or
capital stock issued by a corporation organized under the laws of
the United States, any state, or organized territory of the United
States or the District of Columbia shall not, at market, exceed
sixty-five percent (65%) of the fund's assets; nor shall more than
five percent (5%) of the hmd's assets be invested in common
stock or capital stock of anyone Olissuing company; nor shall
the aggregate of such investment in anyone ill issuing company
exceed three percent (3%} of the outstanding <€Qmmon or capital
stock of that company. The Board of Trustees may invest Hp-te
ten-percent (10%) of plan assets in foreign securities up to the
limits permitted by Florida Statutes ~ 185.06(b ),
d< Real Estate, except that the aggregate investment of fEund assets
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S:\CA \PENSJON\POLlCE\Restatement 03-0] -06"doc
Page 150[63
in Reall:state may not exceed tCDI2<:rcenl( I OU;()) of assets.
2
3.
Issue drafts upon the Boynton Beach Police Officers Pension Fund
3
pursuant to this oHItt1ilH€e-l\11i(:;J~andrulcs and regulations prescribed by
4
the Board of Trustees. 1\11 such drafts shall be consecutively numbercd
5
and shall be signed by the Chairman and Secretary of the Board or their
6
designee and shall state upon their faces the purpose for which the drafts
7
are drawn_ The City Treasurer shall retain such drafts when paid, as
8
permanent vouchers for disbursements made. and no money shall be
9
otherwise drawn from the Fund.
10
4.
Convert into cash any securities of the Fund as it may deem advisable.
II
having regard for the cash requirements of the fund
12
5.
Keep complete record of all receipts and disbursements and of the
13
Boards, acts and proceedings.
14
6.
The b~oard of t--Trustees may cause any investment in securities held by
15
it to be registered in or transferred into its name as trustee or into the
16
name of such nominee as it may direct but the books and records shall at
17
18
all times show that all investments are part of the fEnnd,
19
B.
The sole and exclusive administration ot: and the responsibilities for, the proper
20
operation of the retirement fund and for making effective the provisions of this
21
chapter are vested in the b~oard of(rrustees.
22
c
The Board of Trustees shall retain a professionally quali fled independent
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Page 1601'63
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consultant who shall evaluate the perfonnance of any existing professional
2
money manager and shall make recommendations to the b~oard of t-Irustees
3
regarding the selection of money managers, if necessary, The term
4
"professionally qualified independent consultant" shall have the meaning as set
5
forth in Florida Statutes 9185 .06( 5)(b ), Florida Statutes.
6
D.
The Board of Trustees may employ such independent professional, technical or
7
other advisers as may be needed to fulfill the Board's responsibilities under this
8
J)Eension J)Elan. These professionals include but are not limited to: legal
9 counsel, actuary and certified public accountants. If the Board chooses to use
10 the City's legal counsel, actuary or other professional,
II technical or other advisers, it must do so only under tenns and conditions
12 acceptable to the Board.
13 Chapter 185, Fla. Stat., Code 1958, 921-86; Ord. No, 83-11, 211,4-19-83; Ord. No. 83-42, 91,
14 12-6-83; Ord. No. 90-28, 91, 9-5-90; Ord. No. 099-20, 92; Ord. No. 02-004; Ord. No. 02-034
15 91.
16 Section 18-168. Membership
17 All police officers who are participants in the Fund as of the effeclive date of this
18 ordinance shall be members of this retirement system. Each police officer shaH be included in
19 this plan on the date of hire, Section 18-169. Requirements for Retirement-Benefit Amounts.
20
21
A.
Normal Retirement
1. Normal Retirement Date. The normal retirement date of each police
22
officer shall be the first day of the month coinciding with, or next
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19
20
21
22
following. the date on \vhich he or she has attained and completed
2
1\'.'s:J]lyf20j years of service or the first day of the month comciding with
3
or next following the date on which he or she has attained age fiJi.Y=five
4
{55) and completed t~Jl {I0) years of service or age [Ifty_{SO) and
5
completed [IfteelL(J5) years of service, (Orcl. No. 81-28, ~], 9-]5-81:
6
Ord. No. 000-18, ~4, 6-6-00; Ore!. No, 02-004 q I )
7
2,
Normal Retirement Henefit. The nonnal retirement benefit payable to a
8
police officer who retires on or after the normal retirement date shall be
9
an amount equal to the number of years of his or her credjted service
10
multiplied by three and one half percent13._2~~)lof his or her average
11
final compensation. (Code 1958, ~21-85. Ord, No. 099-20, 7-20-99)
12
3.
Form of Benefit. A retired police officer's retirement benefit nonnally
13
shall be payable in the form of a monthly life annuity with 120 monthly
14
payments guaranteed. This fODn of annuity provides for a retirement
15
benefit payable monthly to the retired employee during their lifetimes
16
with a guarantee that not less than 120 monthly retirement benefits shall
17
be paid, even if the retired employee dies prior to the receipt of 120
18
payments. (F]orida Statutes Chapter 185, Ord. No. 000-18, 9], 6-6-00)
B.
Early Retirement.
I. Ear(r Retirement Date An employee who has attained age fifty (SOland
completed at least ten 11 OJ years of credited service may elect to
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Page 18 of63
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tenninate employment and retire on an Early Retirement Date which
2
may be the first day of any month after ten (] 0) years of service and
3
attainment of age fifty (50).
4
2.
Early Retirement Benefit. The monthly amount of early retirement
5
benefits payable to a police officer who retires on the Early Retirement
6
date sha]] be detennined in accordance with Sec. ] 8-] 69fA) based on
7
credited service to the early retirement date subject to an actuarial
8
reduction of one and one-half percent ( 1.5%) per year of service to take
9
into account the police officer's younger age and the earlier
]0
commencement of retirement benefits. The early retirement benefit sha]]
] ]
be paid in accordance with 9] 8-169fA).
12
F]orida Statutes Chapter 185; Ord. No. 02-004 S I.
13
c.
Disability Retirement.
14
1.
Service Incurred. Any member who receives a medically substantiated service
IS
connected injury, disease or disability which injury, disease or disability totally
16
and pennanentIy disabled him or her to the extent that in the opinion of the
17
Board of Trustees, he or she is wholly prevented from rendering useful and
18
efficient service as a police officer shall receive a monthly benefit equal to sixty-
19
six and two-thirds percent 66 132/3% of his basic rate of earnings in effect on the
20
date of disability. Such benefit shall be payable on the first day of each month,
21
commencing on the first day of the month following the latter to occur of the
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Page 19 of63
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.)
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21
CODING:
date on which the disability has existcd for t11[<;e(3) months and the datc the
Blloard of tTrustees approved the payment of such retirement income. /\
disability retiree may select from the optional forms of hene/its availahle to
service retirees in accordance with section 18-170. In the event of recovery
prior to the otherwise normal retirement date, credit for service during the period
of disability shall be granted l(x purposes of subsequent retirement benefits
Subsequent retirement benefits will be actuarially reduced to account for the
benefits that were paid during the period of disability. The amount of the
disability benefit payment from the fund shall he reduced hy any amounts paid
from worker's compensation and the federal social security system. The
reduction for social security benc1its shall be in the amount of the primary
msurance amount (PIA) only, and future increases, if any, in the disabled
member's social security disability benefits shall not serve to reduce any further
the disability benefit from the fund. The reduction for social security shall
terminate upon the attainment of age si~ty-fiv~J65}. The pension benefit may
only be reduced to the extent that the total of the benefits from this Fund,
workers' compensation and social security benefits exceed one hundred percent
100% of the disabled member's basic rate of earnings on the date of disability,
However, in all cases the benefit will be at least forty-two percent {42%) of
average final compensation.
Any condition or impairment of health of a member caused by
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S'CA\PENSJON\POLlCEIRcstatemcnt 03-0 1-06.doc
Page 20 of 63
tuberculosis, hypertension, heart disease, hardening of the arteries, hepatitis, or
2
meningococcal meningitis resulting in total or partial disability or death, shall be
3
presumed to be accidental and suffered in the line of duty unless the contrary be
4
shown by competent evidence. Any condition or impairment of health caused
5
directly or proximately by exposure, which exposure occurred in the active
6
performance of duty at some definite time or place without willful negligence on
7
the part of the member, resulting in total or partial disability, shaIJ be presumed
8
to be accidental and suffered in the line of duty, provided that such member
9
shall have successfully passed a physical examination upon entering such
10
service, which physical examination including electrocardiogramfailed to reveal
II
any evidence of such condition. In order to be entitled to presumption in the
12
case of hepatitis, meningococcal meningitis, or tuberculosis, the member must
13
meet the requirements of ~ 112.181, Florida Statutes. The final decision whether
14
a member meets the requirements for duty disability pension rests with the 13
IS
Board and shall be based on substantial competent evidence on the record as a
16
whole.
17
2.
Nonservice incurred. Effective October I, 2000, any member with ten (l0)
18
years of continuous service who receives a nonservice incurred injury, illness,
19
disease or disability, and which illness, injury, disease or disability totally and
20
permanently disables him to the extent that, in the opinion of the 13Board of
21
tIrustees, he is wholly prevented from rendering useful and efficient service as a
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Page 21 0[63
S:\CA IPENSIONIPOLlCE\Reslatement 03-01 -06.doc
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CODING:
police officer. shall receive from the fund in equal monthly installments an
amount equal to three all(iQTI.c;...Di!I.Lpercent (3j%) of his average final
compensation for each year of continuous service until death or recovery frol1l
dis3bility whichever sh(jIJ first occur, provided, however, the maximum benefit
to which a member may become entitled under this paragraph shall not exceed
sixty percent (60%) of his average final compensation during said period. but in
aIJ cases the benefit will be at least twenty-five percent (2S%) of average final
compensation during said period. Such benefit shall be payable on the first clay
of each month, commencing on the first day of the month following the latter to
occur of the date on which the disability has existed for three (3) months and the
date the bBoard of tIrustees approved the payment of such retirement income.
Medical Board. Whenever it becomes necessary for the board to avail itself of
the services of physicians in the case of an application for disability retirement,
the board shall designate a medical board to be composed of competent medical
authorities and/or specialists, as needed. The medical board shaIJ arrange for
and pass upon the medical examinations required under the provisions of this
section, shall investigate all essential statements or certificates made by or on
behalf of a member in connection with an application for disability retirement
and shalJ report in writing to the DBoard its conclusions and recommendations
upon alJ matters referred to it. The payment for such services shall be
detemlined by the lr~oard.
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Words in underscore type are additions.
S:\CA\PENS10N\POLlCE\ReSlalcment 03-0J -06.doe
Page 22 of 63
4.
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CODING:
Return to active dutv (rom disabilitv retirement. In the event a member who has
~' ~ -'
been retired on a pension on account of permanent and total incapacity regains
his health and is found by the medical board designated by the B~oard to be in
such physical and mental condition as to meet the requirements of the personnel
department for service as a police officer of the city, the 13~oard shall order his
pension discontinued, and he shall be ordered to resume active duty in the city at
the same rate of compensation currently in effect for his pay grade. The b~oard
shall review periodically, in its discretion, the condition of any member
receiving a pension for disability and if there is substantial evidence that the
retired member is capable of performing service acceptable to the city as a
police officer, he shall be ordered to resume active duty and his pension shall be
discontinued.
Disability Etc/usions. No member shall be granted a disability pension upon a
showing to the satisfaction of the h~oard:
a. That the disability resulted from an intentionally self-inflicted
wound, injury or ailment, or
b. That the disability resulted from excessive and- habitual use of
narcotics, drugs, or intoxicants (alcoholic beverages);
c. That the disability resulted from an injury or disease
sustained by the police officer while willfully and illegally
participating in fights, riots, civil insurrections or while
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S:\CA IPENSIONIPOLlCE\ReSlalement 03-01 -06.doc
Page 23 of 63
committing a crime;
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-)
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22 D.
d. That the disabilltv resulted from an injury or disease sustained hy
the police officer while serving 111 any armed forces:
e. That the disability resulted from all inJury or disease sustained by
the police offlcer after employment has been terminated; or
f That, in the case of a duty disability only, the disability resulted
hom an injury or disease sustained by the police officer while
working for anyone other than the City and arising out of such
other employment.
6. Further disabilitv provisions. Each member applying for a serVlce incurred
disability benefit from this fund shall be required to apply for disability benefits
under social security, and, if applicable, workers' compensation. Furthermore,
each person granted a service incurred disability shall be required to submit to
sl
the e~oard , no later than March I of each year, a statement showing the
monthly amount of social security (PIA only) and workers' compensation
Sl
benefits received by him or her as of March I . Willful refusal by such persons
to comply with these regulations shall be grounds for the termination of or
nOllapproval of disability benefits from this system. However, the lr-~oard shall
exercise its discretion in each case.
Death benefit.
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Page 24 of 63
s:\(:/\ \PENSION'.POLlCE\Restatement 03-0 1-06 doc
1.
If any member shall die prior to retirement or other termination of employment
2
with the city and that death is found by the Board of Trustees to have occurred
:3
in the line of cluty regardless of the years of service, a death benefit shall be
4
payable to the deceased member s spouse. The benefit shall equal three and one
5
half percent (3.2%) of average final compensation for each year of continuous
6
service; provided, ho.wever, the benefit will be at least thirty percent (30%) of
7
average final compensation. It shall be payable in equal monthly installments
8
commencing the flrst day of the month following the date of death and ceasing
9
upon the death of the spouse. If there is no spouse, the benefit, if any, will be
10
paid to the deceased participant's estate.
11
2.
If any member with at least ten (l0) years of continuous service shall die prior to
12
retirement or other termination of employment with the city, a death benefit
13
shall be payable to the deceased member s spouse. The benefit shall equal three
14
and one half percent (3.2%L<2[.average final compensation for each year of
IS
continuous service. It shall be payable in equal monthly installments
16
commencing the first day of the month following the date of death and ceasing
17
upon the death or remarriage of the spouse. If there is no spouse, the benefit, if
18
any, wi}] be paid to the deeeased participant's estate.
19
(Florida Statutes ~18S, Code 1958, ~21-87; Ord. No. 78-6, ~1, 3-7-78; Ord. No.
20
000-18, ~2, 6-6-2000; Ord. No. 02-004, ~ 1)
21
3.
If a member dies before being eligible to retire, the heirs, legatees, beneficiaries
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Page 25 of 63
S:\CA \PENSIONIPOLlCE\Restatement 03-0] -06.doc
or personal represcntatives of such deccased member shall be entitled to a
2
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10
] ]
12
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]8
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2]
refund of ] 00% of the contributions madc by thc mcmbcr to the Fund. without
intcrest.
Separation from Servicc.
I. Effective for tenninations on and after October], 2002, if a member leaves the
service of thc City before accumulating aggregate time of 5 years to\vard
retirement and before being eligible to retire, such member shall be entitled to a
refund of all of his or her contributions made to the Fund, without interest.
2. If any member who had been in the service of the City for at least ten ( I 0) years
elects to leave his or her accnled contributions in the Fund, such police officer
upon attaining age fiftv (SO) years or more (without reaching what would have
been twenty years of scrvice had he not terminated his employment) may
reccive an early retirement benefit at the actuarial equivalent of the amount of
such retirement income otherwise payable to him or her at carly retirement or
upon attaining what would have been nOffilal retiremcnt had he not terminated
his employment, such police officer may receive his or her accrued 110nnal
retirement benefit.
3. Effective for terminations after October], 2002, if any membcr who had bcen jn
the service of the City for at least five (S) years elects to leave his or her accrued
contributions in the Fund, such police officer, upon attaining what would have
been normal retirement had he not terminated his or her employment. may
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\Vords in underscore type are additions.
Page 26 of 6]
S:\CA IPENSION\J>OLlCEIRestatement (u-Ol-06.doc
receive the accrued normal retirement benefit. Fla. Stat. Chapter 185; Ord. No.
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02-063, ~2.
Monthly Supplemental Benefits.
I. Effective October I, 2006, any eligible retiree, including DROP participants, or
beneficiary receiving pension benefits is entitled to a monthly supplemental
pension benefit. The benefit pool will be funded by one hundred percent
{l00%) of the annual earnings and ten percent (10%) of the principal created by
the contributions set forth in sub-paragraph 1L 4 below.
a. Such benefit will be funded by a one (I %) contribution from the
Members and a one (l %) contribution from the 1 8S monies. The
Member and the 185 contributions shall be effective October 1.
2001. Employees will contribute to this benefit through twenty
(20) years of service.
b. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The shares
shall be determined based upon the sum of an eligible retiree's
years and partial years of credited service (IE~ximum credit is
twenty (20) years) plus the eligible retiree's years and partial
retirement years as of September 30 of the current year
(maximum eredit of twenty (20) years). The share value shall be
determined by totaling all of the shares of eligible retirees divided
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Words in underscore type are additions.
Page 27 of 63
S:\CA IPENSJON\POLlCE\Restalemenl 03-01 -06.doc
into th(?~cllrrenLyejlX~'_ total dis1[ihUlion amount. An individual
2
~
4 c.
5
6
7
8
9
10
.c I i gi b I e r ~1ix.c~e ' ~(li~tI i bllJj{)IL~h;}lLh.c~ eq IIa] 1(>..1h.~J:l_u.m he[.g[ the;
eligible retir.~e;'~3J@Les 1l1l!J!iQli_edjJYJheshare ~;tlue.
Th is ben ejjL:;h aJJ Q~l)~a'y a b LC_(\]1J1tLalLY_lll ;,L1Il rn I2-_.."_l!111.i.ll' 0 r
October I, oJ.. cachy~~uLbeginninl! l)ccr;J.nber J.L2006,-"Ul.c
benefit shall be payable Jolhe eligible retiree, incLudillg_PJS..Oe
participants, . or any beneficiary eligible t()I.ccei_\:~. benefits~ll~<).jl
result of the death of a retiree.. The.J>enefiLshall cease uJ.2QllJ.Ilt;
death of the eligible retiree QIJ2.c]1eficiillY,.\\'.b.ic)1ever is the last
surviving pension reciQient.
II 2.
12
13
14
IS
16
17
]8
19
20
21
22
CODING:
Beginning October I, 2003, 100% of the e*€e5S money received pursuant to
Chapter 18S, Florida Statutes, ("18S money"), each calendar year in excess of
the base amount of $46S,087, plus one percent (I %) of payroll annually to fund
the benefit as provided in paragraph L 4, plus any 18S money held in rescrve,
shall be distributed to all current eligible retirees, including DROP participants,
or beneficiaries receiving benefits. These supplemental benefit payments will
be distributed according to the formula set forth in subpafagraph ~3. This
distribution is in addition to the benefit provided for in paragraph] which shall
begin October 1,2006.
a. The distribution provided for in this paragraph shall be divided
among eligible retirees on apro-r3ta basis ill shares. The sharcs
Words in strike throttgh type arc deletions from existing law;
Words in underscore type are additions.
Page 28 of 63
5\<':A IPENSIONIPOLlCE\Restatement 03.()).06uoc
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3.
Definitions.
shall be detemlined based upon the sum of an eligible retiree's
years and partial years of credited service (maximum credit is
twenty (20) years) plus the eligible retiree's vcars and partial
retirement years as of September].o of the current year
(maximum credit of twenty (20) years). The share value shall be
determined by totaling all of the shares of eligible retirees divided
into the current years' total distribution amount. An individual
eligible retiree's distribution shall be equal to the number of the
eligible retiree's shares multiplied by the share value.
b.
Allocations for surviving spouses and surviving dependent
children shall be based upon the fommla in this paragraph,
adjusted by the percentage of the optional form of benefit
selected.
c.
This benefit shall be payable annually in a lump sum as of June 1
of each year, beginning June I, 2004. The benefit shall be
payable to the eligible retiree, including DROP participants, or
any beneficiary eli gible to receive benefits as a result of the death
of a retiree. The benefit shall cease upon the death of the eligible
retiree or beneficiary, whichever is the last surviving pension
recipient.
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Words in underscore type are additions.
S:\CA \PENSION\POLlCE\Reslatemenl 03-01 -06.doc
Page 29 of 63
a.
EPLQurposG~ giJbi~ sc(:Ji()nl)l1b, "ered it cd . s~r:\' I_(:t:'~ Xflcal1S 1l1e
2
number _pf years an!Lp.~LtjaIY~-,!r.s oL:&I~i(:G origi.'-~HLJlsed by
3
the pension.12lall to determinepeJ)sionb~J1~lIts. _.fort:Jjgih1t:
4
r:~jjrGes whoLetire!l.2ILa ili!1L<Jjs(lbjlityrGtiITlnenL~Q y_~a[-,,').or
5
service is credited for this part_pC the monthly supplemental
6
penefit calculation at theJimG thatthe disaQility benefit begi}).').
7
Non-duty disability retireesshaJI be crcdited with actu!.l.LL~1J~_()r
8
credited service.
9
b.
For purposes of this section only, "retireme1.!LY.Gars~_D2Gans_Jh~
10
number of years and partial yc<;!rs tha!a retiree has received_.1l
II
pension benefit to include the number:~ears and partial years
12
as a DROP garticipant. For eligible retirees who retired on a .duty
13
disability retirement, no retirement years will be accumulated for
14
this part of the monthly supplemental benefi~ calculation untiJ
IS
after the member would have attaint:!Ll~(lrs of_cre<.JitG.d
16
service, had he not retired on a duty disability retirement. Non=
17
duty disability retirees shall be credited with actual ycar~iTl
18
receipt of a pension benefit.
19
c.
For purposes of this section .~"eligible retirees" means
20
current retirees who were retired as of September 30 of cachyear,
21
including DROP participants, or beneficiaries receiving benefits.
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Page 30 of 63
S:ICA IPENSION'J'OLlCE\Restalement 03.0J .06.doc
3. =rhe benefit pool shan be cliyided accordmg-tB-the total number of yeurs of
2
service rendered by all retirecs, with a cap of 20 years. +fie shares -wtJl-ee
3
4
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6
7
8
9
10
11
12
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15
16
17
18
19
20
21
22
23
24
divided on a pro TUta basis on the following schedule:
20 or mBfe-years of service
19 years Bf service
18 years of service
17 ycars of service
16 yeurs of service
IS years of service
14 yeurs of service
13 yeurs of scrvice
12 years of service
11 years of service
10 years of service
9 yeurs of service
8 years of scrvicc
7 years of service
6 years of service
S yeurs of service
Duty Disability
Nonduty Disability
Beneficiary
+00%
95%
900/0
8S%
80%
75%
70%
65%
60%
SS%
SO%
1S%
40~<'
3S%
W-%
2S%
100%
Bascd on above schedule
Based on number of years
of retiree's service
25
Such benefit '.viII be funded by a I % contribution from the Members and a 1 %
'1.
26
contribution from the 18)-monies. Tho Member and the 18S contributions shall
27
be effective October 1, 200 I. Employees ',viII contribute to this benefit through
28
20 years of service.
29
S.
Those benefits shall be payable monthly as a part of the regular monthly pcnsion
30
benefit. The benefit sha}] be payablc to tho retiree, including DROP
31
participants, or any bcneficiary eligible to receivc benefits as a result of the
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Page 31 of63
S:\CA \PENSION\POLlCE\Reslalemenl 03.01 .06.doc
deatfl.-ef-il-fettree:-----]1H~-betteltt-5hatt_ .€eiISe--ttf*>>l--fhe-{lea t ll--of- tfte--f~ ff~e-Br
2 &rtefI€i-ary, \vhi6ftever is the last sl:tFvi\'ing pension recipient.
3 (Ord. No. 02-004, ~ I: On!. No. 02.063, ~3; Ord. No. 03.065, ~2)
4 Scction 18- I 70. Optional FomlS of Benefits.
5
Each member cntitled to a nonllal, early or disability retirement benefit shall
A.
6
have the right at any time prior to the date on which the benefit begins to elect to
7
have the benefit payable under any of the options hereinafter sct forth in lieu of
8
the amount and form of benefits provided above, and to revoke an such elections
9
and make a new election at any time prior to the actual commencement of
10
payment.
1 I
B.
The value of optional benefits shall be the actuarial equivalent of the value of
]2
benefits otherwise payable. The member shall make an election by written
13
request to the Board, such request being retained in the Boarcl's files. The
14
options available to the members of the Fund are as follows:
IS
Life Annuity. The member may elect to receive a benefit payable for the
I.
16
member's life only.
17
Contingent Annuitant (Joint and Survivor Option). The member may
2.
]8
elect to receive a benefit during the joint lifetime of the member and a
19
joint pensioner designated by the police officer, and following the death
20
of either of them, ] 00%, 75%, 66 2/3% or 50% of such monthly benefit
21
payable to the survivor for the lifetime of the survivor.
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Page 32 of 63
S:\CA \PENSION\POLlCF\Rcstatement 03-01-06do(
2
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14
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17
18
19
20
21
CODING:
3. Survivor Annuity. The member may elect to receive a benefit during the
member's lifetime and then following the death of the member, a
reduced amount to a beneficiary. At the time of retirement, the member
may choose a survivor benefit of ] 00%, 7S%, 66 132/3% or SOIYo of the
member's monthly benefit. This amount wi)] be payable to the
beneficiary for the lifetime of the beneficiary_
The member upon electing any option of this section wi}) designate the joint
pensioner or beneficiary ( or beneficiaries) to receive the benefit, if any, payable
under the plan in the event of the member's death, and wi)] have the power to
change such designation from time to time but any such change shall be deemed
a new election and will be subject to approval by the r-Eension 13Board. Such
designation will name a joint pensioner or one ill or more primary beneficiaries
where applicable. If a member has elected an option with a joint pensioner or
beneficiary and his or her retirement income benefits have commenced, he or
she may thereafter change the designated joint pensioner or beneficiary but only
if the 13~oard of tIrustees consents to such change and if the joint pensioner last
previously designated by the police officer is alive when heor_~he files with the
13Board of tIrustees a request for such change. The consent of a member's joint
pensioner or beneficiary to any such change shall not be required. The 13~oard
of t- Irustees may request such evidence of the good health of the joint pensioner
that is being removed as it may require and the amount of the retirement income
Words in strike through type are deletions from existing law;
Words in underscore type are additions.
Page 33 of 63
S:\CA \PENSION\POLlCE\Reslatement 03.01 .06.doc
payable to the police officer upon the designation of a new joint pensioner shall
2
be actuarially redetennined taking into account the ages and sex of the former
~
joint pensioner. the new joint pensioner. and the member
Each such
4
designation wi]) be made in writing on a form prepared by the b~oard of
S
tIrustees , and on completion will be filed with the e~oard of tIrustees. In the
6
event that no designated beneficiary survives the member. sllch benefits as are
7
payable in the event of the death of the member subsequent to his or her
8
rctirement shall be paid as provided in s. 18- J 7] .
9
Retirement mcome payments shall be made under the option clected in
D.
]0
accordance with the provlslons of this section and shall bc subject to the
11
following limitations:
]2
If a member dies prior to his or her normal retirement date or early
J.
13
retirement datc, no benefit wiII be payable under the option to any
14
person, but the benefits, if any, will be determined under s. ] 8 -169 (D).
IS
2.
If the designated beneficiary ( or beneficiaries) or joint pensioner dies
16
before the member's retirement under the plan, the option elected will be
17
canceled automatically and a retirement income of the normal form and
]8
amount will be payable to the member upon his or her retirement as if
]9
the election had not been made, unless a new election is made in
20
accordance with the provisions of this section or a new beneficiary is
21
designated by the member prior to his or her retirement.
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Pagc 34 of 63
S:\CA\PENSION'POLlCEIReslatemcnt 03.01.06.doc
3.
If both the member and the designated beneficiary (or benefici31ies) die
2
before the full payment has been effected under any option providing for
3
payments for a period certain and life thereafter, made pursuant to the
4
provisions of subparagraph (l )(a)3., the b~oard of t- Irustees may, in its
S
discretion, direct that the commuted value of the remaining payments be
6
paid in a lump sum.
7
4.
If a member continues beyond his or her normal retirement date and dies
8
prior to actual retirement and while an option made pursuant to the
9
provisions of this section is in effect, monthly retirement income
10
payments will be made, or a retirement benefit will be paid, under the
II
option to a beneficiary (or beneficiaries) designated by the member in
12
the amount or amounts computed as if the police officer had retired
13
under the option on the date on which death occurred.
14
S.
A member may not make any change in retirement option after the
IS date of cashing or depositing the first retirement check.
16 Sec. 18-171. Beneficiaries.
17
A.
Each member may, on a form provided for that purpose whfchwas signed and
18
filed with the Board of Trustees, designate a beneficiary (or beneficiaries) to
19
receive the benefit, if any, which may be payable in the event of death; and each
20
designation may be revoked by such member by signing and filing with the
21
Board of Trustees a new designation of beneficiary form.
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Page 3S of 63
S:\CA \PENSION\POLlCE\Restalement 03-01 -06.doc
20
21
B.
I f a deceased membcr offlccr f~li led to name a bcneficiary in the manner
2
prescribed abovc in subsectionl--.i\. or if the beneficiary (or beneficiaries)
3
named by the dcceased member predeceases the member. the death benefit. it
4
any, which may be payable under the plan with respect to such deceased police
5
officer may be paid at the discretion of the Board of Trustees to the estate of the
(,
deceased member, provided that the lr-Board of tJrustees may direct that the
7
commutecl value of the remaining monthly income payments be paid in a lump
8
sum. Any payment made to any person pursuant to this section shall operate as
<J
a complete discharge of all obligations under the plan with regard to such
10
deceased member and shall not be subject to review by anyone, but shall be
I 1
final, binding and conclusive on all persons ever interested hereunder.
12 Section 18-172. Buy Back of Service
13
A.
Re-employment. When any former police officer of the city is reemployed, he
14
wiJl become a member of the plan upon re-employment as a full time permanent
IS
police officer. When a fomler po]jce officer of the City
16
is re-employed and had withdrawn contributions previously made to the plan, he may
17
reinstate his previous service upon satisfaction of each of the following.conditions:
18
1.
The break in city employment is not more than sixty (60} months; and
19
2.
The plan is paid the total amount previously withdrawn (consisting of
3ccumulated member contributions plus any interest previously paid by
the plan on those contributions). This total amount is brought forward
CODING: Words in strike through type are deletions rrom existing law;
Words in underscore type arc additions.
Page 36 of 63
S:\(.;\ \PENSION\POLlCE\Rcstatcmenl 03.01-06.doc
2
3
4
5
6
7
8
9
10 B.
1 1
12
13
14
IS
16
17
18
19
20
21
22
CODING:
with interest for the total number of months from the date of withdrawal
to the date of repayment, calculated to the nearest month. This calculated
amount equals the amount to be repaid to the Plan in a Jump sum. The
interest to bring forward the total amount will be at the equivalent
compound monthly rate derived from the earning rate assumed by the
actuary in the most recent actuarial valuation submittecl to the Division
of Retirement pursuant to FJorjda Statutes c Chapter 112, r-Eart VII~
Florida Statutes. (Ord. No. 96-05, 91,3-696).
Prior police officer service. Unless otherwise prohibited by law, the years or
fractional parts of years that a police officer previously served as a police officer
with the city during a period of employment and for which accumulated
contributions were withdrawn from the fund, or the years and fractional parts of
years that a police officer served as a police officer for this or any other
municipal, county, or state police department or service in the military shall be
added to the years of credited scrvice provided that:
I. The police officer contributes to the .fEund the sum that would have been
contributed, based on the police officer's salary and the employee
contribution ratc in effect at the time that the credited service is
requested, had the police officer been a member of this system for the
years or fractional parts of years for which the credit is requested plus
amount actuariaJ1y determined such that the crediting of service does not
Words in strikc through type are deletions from existing law;
Words in underscore type arc additions.
S:\CA \PENSION\POLlCE\Reslatemenl 03.01 -06.doc
Page 37 of 63
result in any cost to the ffund plus payment of costs for all professional
2
services rendered to the bBoard in connection with the purchase of years
3
of credited service
4
2.
Payment by the police officer of the requirement amount may be made
5
within six (<22 months of the request for credit and in one Ul_lump slim
6
payment, or the police officer can buy back this time o\Cr a period equal
7
to the length of time being purchased or five tS) years, whichever is
8
greater, at an interest rate which is equal to the !fund's actuarial
9
assumption. A police officer may request to purchase a maximum of
10
five (S) years of service. No credit shaH be given for any service until all
11
years of service which arc to bc repurchased. have becn repurchased.
12
3.
The credit purchased under this section shall count for benefit
13
computation purposes, but not for vesting.
14
4.
In no event, however, may credited scrvice bc purch3sed pursuant to this
IS section for prior service with any other municipaL county or state police
16 department, if such prior service forms or will form the basis of a
17 retirement benefit or pension from another retirement system or plan.
18 This paragraph does not am:>Jy to militarYJ>~JVic.~-,
19 Section 18-173. Rollovers
20
A.
Direct transfers of eligible rollover distributions.
21
1.
General. This subsection applies to distributions made on or after
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Words in underscore type 3re additions.
Page 38 of 63
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
CODING:
January I, 1993. Notwithstanding any provIsIOn of the plan to the
contrary that would otherwise limit a distributee's election under this
subsection, a distributee may elect, at the time and in the manner
prescribed by the B~oard of tIrustees, to have any portion of an eligible
rollover distribution paid directly to an eligible retirement plan specified
by the distributee in a direct rollover.
2. Definitions
<l. Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit
of the distributee, except that an eligible rollover does not include
any distribution that is one ill of a series of substantially equal
periodic payments (not less frequently than annualJy) made for
the life (or life expectancy) of the distributee or the joint lives (or
joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a speeified period of ten .QQ.) years
or more; any distribution to the extent such distribution is
required under section 401 (a)(9) of the Internal Revenue Code;
and the portion of any distribution that is not includable in gross
Il1come.
b. Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in section 408(a) of the
Words in strike through type are deletions from existing law;
Words in underscore type are additions.
S:\CA \PENSION\POLlCE\Reslalemenl 03.0J -06.doc
Page 39 of 63
")
L
3
4
S
6
7
8
9
10
] 1
12
13
]4
IS
16
17 B.
] 8
19
20
21
CODING:
Internal Revcnuc Code, an
individual retiremcnt annuity
describcd in scction 408(h) of the Intcrnal Revenuc Code, an
annuity plan described in section 403(a) of the lm~ma] Revelll!~
Code, or a qualified trust described in section 40 I (a) or thc
Internal. Revenue Code, that accepts the distributee's eligible
rollover distribution. ] Iowever, in the case of an eligible rollovcr
distribution to the surviving spouse, an eligible retirement plan is
an inclividual retirement account or individual retirement annuity.
c. Distributee: J\ distributee includes an cmployee or fornler
employce. In addition, the employec's or former employee's
surviving spollse and the cmployee's or fODller employee's spollse
or former spouse who is entitled to payment for alimony and
child support under an income deduction order, are distributees
with regard to the interest of the spouse or f()fIner spouse.
d. Direct rollover: A dircct rollovcr is a payment by the plan to the
eligible retirement plan specificd by the distributee.
Rollovers from qualified plans. A member may roll over a]} or a part of his or
her interest in another qualified plan to the Fund, provided all of the following
requirements are met:
] . Some or all of the amount distributed [rom the other plan is rolled over
th
to this plan no later than the 60 day after distribution was made from
Words in striko through type are deletions from existing Jaw;
Words in underscore type arc additions.
Page 40 of 63
S:\CA \PENSION\POlJCE\Restatement 03-0 j-06doc
21
the Plan or, if distributions are made in installments, no later than the
2
th
60 day after the last distribution was made.
3
2.
The amount rolIed ovcr to this Fund does not include any amount
4
contributed by thc member to the Plan on a post-tax basis. Effective
S
October I, 2002, a membcr may rollover amounts contributed on a post-
6
tax basis.
7
3.
The rollover is made in cash.
8
4.
The member certifies that the distribution is eligible for a rollover.
9
S.
Any amount which the tmstees accept as a rollover to this Fund shall,
10
along with any earnings allocated to them, be fully vested at all times.
II
A rollover may also be made to this Plan from an individual retirement account
12
qualified under section 408 of the Internal Revenue Code when the individual
]3
retirement account was merely used as a conduit for funds from another qualified plan
14
and the rollover is made in accordance with the rules provided in paragraphs 1 - 5.
IS
Amounts rolled over may be segregated from other Fund assets. The trustees shall
16
separately account for gains, losses, and administrative expenses of these roll overs. In
17
addition, the Fund may accept the direct transfer of a member's benefits from another
18
qualified retirement plan or to a IRC 94S7 deferred compensation plan pursuant to
19
section 4S7 of the Internal Revenue Code. The Fund shall account for direct transfers in
20
the same manner as a rollover and shall obtain certification from the member that the
amounts are eligible for a rolIover or direct transfer to this Fund.
CODING: Words in strike through type are deletions from existing law;
Words in underscore type are additions.
Page 41 of63
S:\CA 'J>ENSION\POLlCE\Restatement 03-01 -06.doc
(Onl. No. ')0-47, ~2. 10-:1-90; 93-7 J, ~2, 12-7')3; anI. No. 9-58, ~ L 1-:1-(5)
2
c.
Transfer of Accumulated Leave
3
Members eligible to receive accumulated sick leave, accumulated
I.
4
vacation leave or any other accumulated leave payable upon [cJl[emenl,
5
including entry into the DROP ~ball 5ej*1ffit-ie.n may elect, no~J.at.ertbiH1
()
,,1
tbe-De€eHlBef-3-l- --(}f+he-calendar year ~to the year of retirement-or
7
etttry-HttB-tbe--PRG-P,-tB-uhave the leave transferred to the Plan. For
8
purposes of this section, the term "separation" shall mean termination of
9
service as a police officer with the City_ :r'-'1embers on whose behalf leave
10
has been transferred may elect one of the following distribution options
II
within thirty (30) days of separation_ Members Cailing to elect a
12
distribution option within thirty (30) days of separation will be deemed
13
to have elected option (a) below:
14
Receive a lump sum equal to the transferred leave balance; or
a.
IS
b_
Transfer the entire 3mount of the transfcrred leave balance
16
directly to any eligible retiremcnt plan; or
17
Purchase additional service credit as may b_~_permitted by the
c.
18
Code. If the leave balance exceeds the cost of thc service credit
19
purchased, the balance shall be paid to the member in a lump
20
sum; or
21
d.
Transfer thc entire amount of the transferrcd leave balance into
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Words in underscore type are additions.
Page 42 of 63
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20
21
22
the member's DROP account; or
2
e.
Maintain the entire leave balance within the Plan. Earnings shall
3
4
S
be p'!id as follows:
LlL_ Gains or losses at the same interest rate earned by the
6
Pension Plan; or
7
~ A guaranteed rate of seven percent (7%) or
8
~ A percentage of the leave balance account will be credited
9
with interest gains or losses at the same rate earned by the
10
pensIOn plan and the remaining percentage will be
11
credited with earnmgs at a guaranteed rate of seven
12
percent (7%). The actual percentage shall be selected by
13
the member on a form provided by the Board of Trustees.
14
The total of the two percentages must equal 100%.
IS
These accounts will be assessed an administrative fee that is based upon
16
the ratio that the Employee's DROP account bears to the Fund as a
17
whole.
18
2.
st-
Members who fail to clect a transfcr not latcr than the Dcccmber 31 ef
19
the calcndar year prior to the year of retiremcnt or entry into the DROP
will reccive payment in a lump sum at time of separation with nil
attendant tax conscquenccs.
2~. If a member on whose behalf the City makes a transferred leave balance to
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Words in underscore type are additions.
Page 43 of 63
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2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
CODING:
the Plan dies after retiremcnt or othcr separation. but before making an
eJection, as provided. or after making an election but hefore any
distribution is made. the eJection option shall he void In stich all cvent.
any person who would have received a death benefit had the membcr
died in service immediately prior to the date of retirement or other
separation, shall be entitled to receive an amount equal to the transferred
leave balance in a lump sum. In the case of a surviving spouse or fl)mler
spouse, an election may be made to transfer the leave balance to an
eligible retirement plan in lieu of the lump sum payment. Failure to
make such an election by the surviving spouse or former spouse within
sixty (60) d3YS of the member's death will he deemed an election to
receive a lump sum
payment.
J4. The Board, by mle, shall have the authority to enact administrative mles for
purposes of administering the provisions of this Section, consistent with
the Federal tax laws in effect on the date of transfer. No such mle shall
conflict with the provisions of this section.
LMembers electing to enter into the DROP shall bc req'..lired to I*eserve a
balance of one hundred and t\vcnty (l2{'}) hours of sick leave and BIte
ffimdrcd and1\venty- (I20) hours of vacation- leave at the time of-entry
into the DROP.
Words in strike through type are deletions from existing law;
Words in underscore type are additions.
Page 44 of 63
S:ICA IPENSION\POI ICEIReslalement 03-0J -06 doc
20
21
22
46. The value of the leave transferred shall be determined in accordance with
2 applicable city personnel policies or collective bargaining agreements.
3 Section 1 8-174. Miscellaneous.
4
A.
Pension Validity. The Board of Trustees shall have the power to examine the
5
facts upon which any pension shall have been granted or obtained erroneously,
6
fraudulently, or illegally for any reason. The Board is empowered to purge the
7
pension rolls of any person granted a pension under proper or existing law or
8
granted under this ordinance if the pension is found to be erroneous, fraudulent
9
or illegal for any reason; and to reclassify any pensioner who has under any
lO
prior or existing law or who shall hereafter under this ordinance be erroneously,
11
improperly, or illegally classified.
12
B.
False or misleading statements made to obtain retirement benefits prohibited.
13
1.
It is unlawful for a person to willfully and knowingly make, or cause to
14
be made, or to assist, conspire with, or urge another to make, or cause to
IS
be made, any false, fraudulent, or misleading oral or written statement or
16
withhold or conceal material information to obtain any benefit under this
17
plan.
18
2.
a.
A person who violates subparagraph 1. commits a misdemeanor
19
of the first degree, punishable as provided in 9~775.082 or
77S.083, Florida Statutes.
b.
In addition to any applicable criminal penalty, upon conviction
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Page 45 of 63
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for a violation described in subparagraph I., a participant or
2
beneficiary of this plan may, in the discretion of the tr-Hoard of t
.,
.)
Trustees. be required to forfeit the light to receive any or all
4
benefits to which the person would otherwise bc cntitled uncleI'
5
this plan. For purposes of this sub-subparagraph, "conviction"
6
means a determination of guilt that is the result of a plea or trial.
7
regardless of whether adjudication is withheld.
8
c.
Incompetence. If any member or beneficiary is a minor or is, in the judgment of
9
the Board, otherwise incapable of personally receiving and giving a valid receipt
10
for any payment due them from the Fund, the Board may, unless and until
I I
claims have been made by a duly appointed guardian or committee of such
12
person, make such payment or any part thereofto such person's spouse, children,
13
parent or other person deemed by the Board to have incurred expenses or
14
assumed responsibility for the expenses of such person. Any payments so made
IS
shall be a complete discharge of any liability under the system for such payment.
16
D.
Rights and Benefits Not Subject to Legal Process. The rights and benefits
17
provided for herein are vested rights of participants in the Fund and shall not be
18
subject to attachment, garnishment, execution or any other legal process. This
19
section does not apply in the event of an income deduction order for alimony or
20
child support.
21
E.
Lump Sum Payment of Small Retirement Income.
Notwithstanding any
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Page 46 of 63
S:\C1\ \PENS ION\PO LICE\Reslatement 03-0 J -06 doc
20
21
22
provision of the Fund to the contrary, if the monthly retirement income payable
2
to any person entitled to benefits hereunder is less than $30.00 or if the single
3
sum value of the accrued retirement income is less than $S,OOO.OO as of the date
4
of retirement or termination of service, whichever is applicable, the Board of
S
Trustees, in the exercise of its discretion, may specify that the actuarial
6
equivalent of such retirement income be paid in lump sum.
7
F.
Required Distributions
8
1.
In accordance with IRe S section 401 (a)(9) of the Internal Revenue
9
Code, all benefits under this plan wj}} be distributed, beginning not later
10
than the required beginning date set forth below, over a period not
11
extending beyond the life expectaney of the member or the life
]2
expectancy of the member and a beneficiary.
13
2.
Any and all benefit payments shall begin by the later of:
]4
a.
April 1 of the calendar year following the calendar year of the
15
member's retirement date; or
]6
b.
April I of the calendar year following the calendar year in which
17
18
the member attains age 70~.
19
3.
If an employee dies before his entire vested interest has been distributed
to him, the remaining portion of such interest will be distributed at least
as rapidly as provided for under this p-Elan.
G.
Internal Revenue Code limits.-
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Page 47 of63
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2
3
4
S
6
7
8
9
10
1 ]
12
13
14
]S
16
17
18
]9
20
21
OD1NG:
In no e\ent may a member's annual benefit exceed one hundred and
twenty thousand dollars L$JZ<2,-QQJ1} fadjustcd f()r cost of living in
accordance with +mefflal-Revenue-+:'Btle nRG}-scction 4 I 5( d) of the
IJltenl<1.LRevenue Code.
2_ If a member has less than ten(lO) years of service with the city, the
applicable limitation in paragraph (a) of this subsection sh,lIl be reduced
by multiplying such limitation by a fraction, not to exceed one (1) The
numerator of such fraction shall be the number of years, or part thereof.
of service with the city; the denominator shall be tenJ 1 O}.years.
3_ For purposes of this subsection, "annual benefit" means a benefit payable
annually in the form of a straight life annuity with no ancillary or
incidental benefits and with no member or rollover contributions. To the
extent that ancillary benefits are provided, the limits set forth in
paragraph (a) above will be reduced actuarially, using an interest rate
assumption equal to the greater of five percent (S~()) perccnt or the rate
being used for actuarial equivalence, to reflect such ancillary benefits.
4. 1 f distribution of retirement benefits begins before age sixty-two J 62), the
dollar limitation as described in paragraph (a) shall be reduced using an
interest rate assumption equal to the greater of five _Rercent ( S%lpcrccnt
or the interest rate used for actuarial equivalence; however, retirement
benefits shall not be reduced below $75,000 if payment of benefits
Words in strikc through type are deletions from existing law;
Words in underscore type are additions.
Page 48 of 63
':leA \PENSJON\POLlCf;\Reslatemenl 03-0J -06.doe
bcgins at or after age fifty-five (S5} and not below the actuarial
2 cquivalent of $7S,000000 if payment of benefits begins before age fifty-
3 five ( 5S) For a member with fifteen ( IS} or more years of service with
4 the city, thc reductions described above shall not reduce such member's
5 benefit below $SO,OOO~adjusted for cost of living in accordance with
6 .ffitem.al-.-Revenue-Gode (IRGf-section 4] S( d) of the Intemal Revenue
7 Code, but only for the year in which such adjustment is effective). lf
8 retirement benefits begin after age sixty- five ( 65}, the doHar limitation of
9 paragraph ( a) shall be increased actuarially by using an interest
10 assumption equal to the lesser of five percent (S%) percent or the rate
] ] usecl for actuarial equivalence.
] 2 Section] 8- 175. Deferred retirement option plan.
13
A.
A deferred retirement option plan ("DROP") is hereby created.
14
B.
Eligjbility to participate in the DROP is based upon eligibility for norma] service
]S
retirement in the Plan. Members shaH elect to participate by applying to the
]6
Board of Trustecs on a form provided for that purpose.
17
c.
Participation in the DROP must be exercised within the first-twenty-two (22)
18
years of combined credited service. However, participation in calendar year
]9
2000, the first year, will be extended to all members.
20
D.
Except for the extension of participation at inception as provided for in (c)
21
above, a member shall not participate in the DROP beyond the time of attaining
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20
21
22
twcnty- fivc (25) years of scrvice and the total years of participation in the
2
DROP shall not exceed five (5) years. For example
3
4
l\lembers with twcnty (20) years of credited service at time of entry shall
l.
S
only participate for five (5) years.
6
2.
Members with twenty-one (21 ) years of credited service at time of entry
7
shaJl only participate for four (4) years.
8
Members with twenty-two (22) years of credited service at time of entry
--.
.) .
9
10
shall only participate for three (3) years
11
E.
Upon a member's election to participate in the DROP, he or she shall cease to be
12
a member and is precluded from accruing any additional benefit under the
13
Pension Fund. For aIJ Fund purposes, the member becomes a retirant. The
14
amount of credited service and final average salary freeze as of the date of entry
1S
into the DROP. Accumulatccl, unused sick and vacation leave shall be included
16
in the compensation calculation; provided however, that a minimum balance of
17
120 hours of sick leave and 120 hours of vacation leave shall be maintained by
18
the employee and excluded from this calculation. The retained leave balance,
19
including any additions, shaII be distributed at the conclusion of DROP
participation and separation from service.
F.
Payment shall be made into the employee's DROP account as if the employee
had retired from the employ of the City. The amounts paid will be determined
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Page SO of 63
:\C ,\ \PENSlON\PO L1CE\Restalemcnl 03.0] -06tlnc
20
21
111 accordance with this Plan and the employce's selection of the payment
2
option. Payments into the DROP will be made monthly over the period the
3
employee participates in the DROP, up to a maximum of sixty (60) months.
4
G.
Effective January I, 2003, DROP participants have the option to select optional
S
methods to credit investment earnings to their account less any outstanding loan
6
balances. The method may be changcd each year effective January I, however,
7
the mcthod must be elected prior to January I on a fonn provided by the Board
8
of Tmstees. The methods are:
9
1.
Gains or losses at the same interest rate earnecl by the Pension Plan; or
]0
2.
A guaranteed rate of seven percent (7.0%L2r7
1 ]
3.
A percentage of the DROP account will be credited with interest gains or
12
losses at the same rate earned by the pension plan and the remaining
13
percentage will be credited with earnings at a guaranteed rate of seven
14
percent (7.0%). The actual percentage shall be selected by the member
IS
on a form provided by the Board of Tmstees. The total of the two ill
16
percentages must equal 100%.
]7
Employee's DROP accounts will be assessed an administratiy_e..fee that is based
18
upon the ratio that the Employee's DROP account bears to the Fund as a whole.
]9
H.
An employee's participation in the DROP shall terminate at the end of five ill
years or twenty-five (25} years of service, whichever comes first. Failure to end
DROP participation may result in penalties at the discretion of the Trustees, up
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
CODING:
to and including forfeiturc of the DROP account.
I.
All interest shall be credited to the employee's DROP account le~san.Y
QutstandiLlg 19j1lLh(}Jance~ on a quarterly basis with quarterly statcments
provided. In the evcnt that a member dies while in thc DROP. intercst shall oe
pro-ratcd to the last business day of the month preceding thc death of the
member.
.1.
Upon termination of employment, participants 111 the DROP will recenT thc
balance ofthc DROP account in accordance with the following rules:
l.
Members may elect to begin to receive payment upon termination of
employment or defcr payment of DROP until thc latcst day as
provided undcr suo-subparagraph c.
2. Payments may be made in the following ways:
a. Lump sum - the entire account balance will be paid to the retirant
upon approval of the Board ofTmstees.
b. Installments - the account balance will be paid out to the retirant
in five (S) cqual annual payments paid over five (5) years, thc
first payment to be made upon approval of the Board of Trustees.
c. Monthly installments - the account balance \ViII be paid out to the
retirant on a monthly basis until the account oalancc is paid out
based on actuarial tables provided by the actuary.
3. Any fonll of payment sclected oy a police officer must comply with the
Words in strike through type are deletions from existing law;
Words in underscore typc are additions.
Page S2 of 63
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2
3
4
5
6
7
8
9
]0
1 ]
12
13
14
]5
16
17
]8
]9
minimum distribution requirements oftfle-fRG-section 401 (A)(9) of the
ln~mal Reven!l~ Code, and is subject to the requirements of subsection
] 8-174fF) e.g., payments must commence by age 70Yz.
4.
The beneficiary of the DROP participant who dies before payments from
DROP begin shall have the same right to select payment options as the
participant in accordance with this subsection. A DROP participant may
designate a beneficiary to receive the DROP balance in the event of the
participant's death prior to payout of the full DROP balance.
K.
No payments wiII be made from DROP until the employee actually separates
from service with the City.
L
If an employee shall die during participation in the DROP, a survivor benefit
shall be payable in accordance with the form of benefit chosen at the time of
entry into the DROP.
M.
Upon commencement of participation in the DROP, the member shall no longer
be eligible for disability retirement from the pension plan.
N.
Loans from the DROP.
1.
Availability of Loans
a.
Loans are available to members only after termination of
employment, provided the member had participated in the DROP
for a period of 12 months.
b.
Loans may only be made from a member's own account.
CODING: Words in strike thrt:m-gl1 type are deletions from existing law;
Words in underscore type are additions.
S:\CA \PENSJON\POLlCE\ReSlalement 03-01 -06.doc
Page 53 of 63
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CODING:
c Thercl11<l.YQ.c)1Q1JmCUQ;Jn_(>I!sJ9illl atlUi}l]c.
Amount of loan
a. ___ J.Qill~nay be nE1dcllP t(L~L!1l;:J.lil!l!1111_Qf~(LpcrcJ:;nL_of-,-JCcQU}lt
balance.
--~-
b. Themaximum dollar amount of a loan is $SO,OOO.OO, reduced by
the higbS~oul~<!ll(]j)ll?Joan balance during the last 12 montl15....
c. The minimum loan is $5,000.00.
3. Limitations on loans shall be made from the amounts paid into thc
DROP and the camings thereon.
4. Term of Loan.
a. The loan must be for at least 1 year.
b. The loan shaII be n.9Jonger than S years.
S. Loan Interest Ratc
a. The Interest Rate shall be fixed at time the loan is originated for
the entire term of loan.
L_ The Interest Rate shall be equal to the prime rate published bY~l!!
established local bank on the lasLit!L of each calendar quarter
preceding the date of loan application.
6. Defaults on Loans.
a. Loans shall be in default if two consecutive months'
Words in stflke-through type are deletions from existing law;
Words in underscore type are additions.
Page S4 of 63
:\CA IPENSION\POLlCE\Restatement 03-01 -06.doc
repayments are missed or if a total of four months' repayments are missed.
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ODING:
b. Upon default, the entire balance _ becomes due and payable
immediatelv.
c. If a loan in default is not repaid in full immediately, the loan may
be canceled and the outstanding balance treated as a distribution,
which may be taxable.
d. Upon default of a loan, a member will not be eligible for
additional loans.
7. Misce}}aneous provisions.
a. All loans must be evidenced by a written loan agreement signed
by the member and the Board of Trustees. The agreement shall
contain a promissory note.
b. A member's spouse must consent 111 writing to the loan. The
consent shall acknowledge the effect of the loan on the member's
account balance.
c. Loans shall be considered a genera] asset of the Fund.
d. Loans shall be subject to administrative fees-to be set by the
Board of Trustees.
e. Outstanding Joan balances shall not be credited with earnings or
losses. As the outstanding balance is repaid with interest,
earnings and losses shall be applied to the payments and interest
Words in strike through type are deletions from existing Jaw;
Words in underscore type are additions.
Page S5 of 63
:\CA \PENSION\POLlCE\Restalemenl 03-0] -06.doc
~_~m:9_yi d e_t1Jorill~ecti()nHL8_J 7) L
2 Section] 8-] 76. Termination of plan and distrihution of Fund.
3 Upon tennination of the p-Plan by the municipality for any reason. or because of a
4 transfer, merger, or consolidation of govemmentalunits, services. or functions as provided in €
S Chapter -1-+1,] 12, Florida Statutes or upon written notice to the h~oard of tImstees by the
6 municipality that contributions under the r-flan are being permanently discontinued, the rights
7 of all employees to benefits accmed to the date of such termination or discontinuancc and the
8 amounts crcdited to the employees' accounts are nonforfeitable. The f-Fund shall be
9 apportioned and distributed in accordance with the following
10 procedures:
11
The hBoard of tTrustees shall determine the date of distribution and thc assct
A.
12
value to be distributed, after taking into account the expenses of such
13
distribution.
14
The hBoard of tTrustees sha}] determine the method of distribution of the asset
B.
IS
value, that is, whether distribution shall be by paymcnt in cash, by the
16
maintenance of another or substituted trust fund, by thc purchase of insured
17
arIDuities, or otherwise, for each member entitled to benefiKunder the plan, as
18
specified in subsection (C).
19
c.
The hBoard of tIrustees shall apportion the asset value as of the date of
20
termination in the manner set forth in this subsection, on the basis that the
21
amount required to provide any given retirement income shall mean the
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Words in underscore type are additions.
Page S6 of63
S:\CA\PENSION\POLlCE\Restatcmcnt 03-01-06.dnc
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2]
CODING:
actuarially computed single-sum value of such retirement income, except that if
the method of distribution determined under subsection (B) involves the
purchase of an insurecl annuity, the amount required to provide the given
retirement income shall mean the single premium payable for such annuity.
I. Apportionment shall first be made in respect of each retired member
receiving a retirement income hereunder on such date, each person
receiving a retirement income on such date on account of a retired (but
since deceased) member, and each police officer who has, by such date,
become eligible for normal retirement but has not yet retirecl, in the
amount required to provide such retirement income, provided that, if
such asset value is less than the aggregate of such amounts, such
amounts shall be proportionately reduced so that the aggregate of such
reduced amounts will be equal to such asset value.
2. If there is any asset value remaining after the apportionment under
paragraph (l), apportiomnent shaII next be made in respect of each
member in the service of the municipality on such date who has
completed at least ten (l0) years of credited service,jl] the Fund for at
least ten (lOl.years, and who is not entitled to an apportionment under
paragraph (a), in the amount required to provide the actuarial equivalent
of the accrued normal retirement income, based on the police officer's
credited service and eamings to such date, and each former participant
Words in strike throng}} type are deletions from existing law;
Words in underscore type are additions.
:\CA IPENSION\POLlCEIReslatemenl 03.01-06.doc
Page S7 of 63
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CODING:
then cntitled to a henefit who has not by such date reached his or hcr
normal retircment date, in the amount rcquircd to provide thc actuarial
equivalent of the accrued normal retirement income to which he or she is
entitled, provided that, if such remaining asset value is less than thc
aggregate of the amounts apportioncd hereunder, such latter amounts
shall be proportionately reduccd so that the aggregate of such rcduced
amounts will be equal to such remaining assct valuc.
3. If there is an asset value after the apportionments under paragraphs (a)
and (b), apportionment shall lastly be made in respect of each member in
the service of the municipality on such date \vho is not entitled to an
apportionment under paragraphs (a) and (b) in the amount equal to the
member's total contributions to the p--plan to date of termination.
provided that, if such rcmaining asset value is less than thc aggregate of
the amounts apportioned hereunder, such latter amounts sh311 bc
proportionately reduced so that the aggrcgate of such reduced amounts
will be equal to such remaining asset value.
4. In the event that therc is asset value remaining after the full
apportionment specified in paragraphs (a), (b), and (c), such excess shall
be returned to the municipality, less return to the state of the state's
contributions, provided that, if the excess is less than the total
contributions made by the municipality and the state to date of
Words in strike through type arc deletions from existing law;
Words in underscore type are additions.
Page 58 of 63
S:\CA \PENSION\POLlCE\Reslalcmcnl 03-01-06.doc
16
17
18
19
20
21
termination of the Jr flan, such excess shall be divided proportionately to
2
the total contributions made by the municipality and the state.
3
D.
The b~oard of tIrustees shaII distribute, in accordance with the manner of
4
distributiondeterminedundersubsection(B), the amounts apportioned under
5 subsection (C). If, after a period of twenty-four (24} months after the date on
6 which the r-flan terminated or the date on which the board received written
7 notice that the contributions thereuncler were being pennanently discontinued,
8 the municipality or the e~oard of tlrustees of the municipal police officers'
9 retirement trust fund affected has not complied with all the provisions in this
10 section, the division shall effect the termination of the fund in accordance with
11 this section.
12 Section 18-177. Cost of Living Adjustment
13
A.
Subject to the conditions set forth in this section, the b-~oard of tIrustees shall
14
annually authorize a cost of living adjustment, the amount of which shall be
IS
determined as of each September 30th. The amount of the cost of living
adjustment shall be equal to the actuarial present value of future pension
payments to current pensioners multiplied by the positive difference, if any,
between the rate of investment return and eight and one half percent (8Q%). The
actuary shall determine whether there may be a cost of living adjustment based
on the following factors:
1.
The actuary for the pfension lEund shall determine the rate of
ODING: Words in strike through type are deletions from existing law;
Words in underscore type are adclitions.
Page 59 of 63
:ICA \PENSION\POLlCE\Reslalemenl 03-01-06.doc
investment return on the p-I~ension fEund assets during the twelve
')
L
(12) month period ending each September 30th. The rate detennined
]
shall be the rate reported in the most recent actuarial rcport submitted
4
pursuant to r-Eart Vll of &~hapter 112, Florida Statutcs.
5
2.
The actuary for the pEension fEund shall, as of September 30, determine
6
the actuarial present value of future pension payments to current
7
pensIOners. The actuarial present values shall be calculated using an
8
interest rate of eight and one-hitt~}-percent (8(10) a year compounded
9
annually, and a mortC11ity table approved by the e~oard of tImstees and
10
as used in the most recent actuarial report submitted pursuant to ptart
I I
VlI of €-~hapter 112, Florida Statutes. This will be the pool of funds
12
available to fund the cost of living adjustment.
]]
3.
If the actuary determines there may be a cost of living adjustment, the
14
e~oard of tImstees shall authorize such a distribution unless the
15
administrative expenses of distribution exceed the amount available for
16
the distribution.
17
4.
The cost of living adjustment shall be flmded only if the present value of
18
the pool of funds does not exceed the net actuarial experience
19
accumulated from all sources of gains and losses.
20
B.
Cost of living adjustments wiII be made to pensioners, including DROP
21
members, and benefieiaries, who are referred to as eligible persons.
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Words in underscore type are additions.
Page 60 of 63
S:\CA \PENSION\POLlCE\Restatement (J3-01-06.doc
c.
The cost of living adjustment shaJ] be aJlocated among eligible persons based
2
upon the participant's years of service in the proportion that the participant's
3
years of service bear to the aggregate amount of years of service of all eligible
4
persons. Allocations for beneficiaries wiJl be in proportion that the beneficiary
5
benefit bears to the retiree benefit. Maximum service credits shall be twenty (20)
6
years. Minimum aJlocations for duty disability pensioners shall be based on
7
1 3.33 years of service.
8
D.
sl
The cost of living adjustment shall be macle as of July I, 2001 and each July 1
9 thereafter. Each eligible person shall be paid his or her allocated portion from
10 the preceding September 30th. Eligible persons must be retired for one (1) year
] ] from September 30 to receive a cost ofliving adjustment. A pensioner's estate is
12 entitled to a pro-rata share of the deceased retirant's cost of living adjustment
13 based on a number of months that the deceased retirant received a pension
14 during the year ending the September 30th prior to the retirant's death.
l5 Section 3. It is the intention of the City Commission of the City of Boynton Beach that
] 6 the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
17 the City of Boynton Beach, Florida. The Sections of this ordinance may-o-e-renumbered, re-
18 lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word
19 or phrase in order to accomplish such intention.
20 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
2] conflict herewith be and the same are hereby repealed to the extent of such conflict.
CODING: Words in strike through type are deletions from existing law;
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Page 6] of63
S:\CA \PENSION\POLlCE\Restatement 03-01 -06.doc
Section 5. I f any clause, section, or other part or application of this Ordinance shall he
2 held by any court of competent jurisdiction to be unconstitutional or invalid. such
3 unconstitutional or invalid part or application shall be considered as eliminated and so not
4 effecting the validity of the remaining portions or applications remaining in full force and
5 effect.
6 Section 6. This Ordinance shall become effective ltpBH-ilassabe when the follO\ving
7 have occurred:
8
fi!L.. the City Commis~ion has received and has accepted a report establishing the
9
actuarial soundness of these amendments;
10
iliL when a collective bargaining a,greement ratifying the foregoing changes to
II
penSIOn benefits has been ratified QY.. the City Commission and the Police
12
Pension Board of Tmstees or their successor organization; and
13
(c) a COQY of this Ordinance is transmitted to the State of Florida Division of
14
15
16
Retirement.
Upon satisfaction of all of the above requirements, then in that event, the terms and
17
provisions of this Ordinance shaH become effective.
CODING: Words in strike through type are deletions from existing law;
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Page 62 of 63
S:\CA\l'ENSION\POIICE\Restalement 03-01-0b.doc
2
FIRST READING this -.La day of--.B_~i L~, 2006_
SECOND, FINAL READING AND PASSAGE this __~_ day of __~____ 2006.
3
4
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18
19
20 ATTEST:
21
22
23 City Clerk
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
2S
26 (Corporate Seal)
27
CODING: Words in strike through type are deletions from existing Jaw;
Words in underscore type are additions.
Page 63 of 63
S:\CA \PENSION\POLICE\Reslatemenl 03-01 -06.doc
I'
..-....,'. /.'~
#
.~
.....---.=-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlY.
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.2
R("quest("d Cilv CommIssion Date F,nal Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in 10 City Clerk's Office Meeting Dates in to City Clerk's Office
0 Apn1 4. 2006 March 20. 2006 (Noon) f2J June 6, 2006 May 15,2006 (Noon)
~ I s+ reeu:/.. "- '}
0 April 18. 2006 April 3, 2006 (Noon) June 20, 2006 June 5, 2006 (Noon)
0 0 .2.Nc relf.tlJ#d~
May 2. 2006 April 17,2006 (Noon) July 5. 2006 June J 9, 2006 (Noon)
0 May /6. 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3. 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing f2J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Motion 10 amend Code of Ordinances, Chapler 13, Occupational license, Sec. 13-4, Classification and
Fee Schedule to provide for a 5 percent increase in license fees.
EXPLANA TlON:
The last time Ihe Occupationa/license fees Were modified was July 5, 1995, by Ordinance 095-22.
Pursuant 10 Florida Stale Slalute, 205.0534, Ihe governing body of a municipality may, every olher
year, increase by ordinance the rates of local OCCupaliona/license taxes by up to 5 percent
PROGRAM IMPACT:
None
FISCAL IMPACT:
FY 06/07 projected OCcupalionallicense revenues are estimated al $1.400,000. A 5 percenl increase
in Occupational license fees WOuld result in an estimated addilional $70,000 in revenue to Ihe General
Fund.
~--.
AL TERNA TIVES:
Do not increase the Occupational License fee.
~g"" Sigo",""
-------~
Development
Department Name
~-
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
/
1 ORDINANCE NO. 06
2
3 AN ORDINANCE OF TlIE CITY CO!\lMISSION OF
4 THE CITY OJ' BOYNTON BEACH, FLORIDA,
S AMENDING CHAPTER 13 OF TIlI~ CODE OF
6 ORDINANCES, SECTION 13-4 BY PROVIDING FOR
7 A 5% INCREASE IN THE OCCUPATIONAL
8 LICENSE "FEE SCHEDULE; PROVIDING FOR
9 CONFLICTS, SEVERABIlJTY, CODIFICATION
10 AND AN EFFECTIVE DATE.
11
12 \VHER]<~AS, the City Commission for the City of Boynton Beach desires to increase
13 the occupational license fees for all busincss operating within the City of Boynton Beach; and
14 \VHEREAS, pursuant to Section 205.053S( 4). Florida Statutes, the City Commission
IS is authorized to increase the occupational license fees up to 5% every other year; and
16 WHEREAS, the City Commission fmds it is in the best interest of the health, safety,
17 and welfare of thc public to increase the occupational License fees for businesses in the City
18 of Boynton Beach.
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, THAT:
21 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
22 hcrein by this reference.
23
24 Section 2. That Chapter 13, "Licenses." Article I, "Occupational Licenses,"
25 Section 13-4, entitled "Classification and fee schedule" of the City of Boynton Beach Code or
26 Ordinances, be, and the same is hereby amended in its entirety to read as follows:
27
28 Sec. 13-4 Classification and fee schedule.
29 The City Commission establishes classifications for businesses or groupS of business and
30 occupational license taxes therefore as set forth below.
31 Occupational License Tax Rate Structure Standard Industrial Classification Businesses,
32 Professions, Occupations
33
34 (* _ See note, end of schedule; NEC - See note, end of schedule)
I The businesses, professions and occupations subject to the provisions of Chapter 13, the
2 occupational license taxes imposed and levied, the Standard Industrial ClassiJications
3 assigned, and other requirements pertaining thereto are as follows:
4 SIC Description Fee
S 0742 Veterinarian* +&+00- 196.3S
6 07S2 ,'\J1imal Specialty Service &4:00 88.20
7 0781 Landscape Architect* -1-&+.-00 J96.3S
8 0782 Lawn & Garden Service +4G-oOO 147.00
9 0783 Tree Trimming 110.00 147.00
10 IS20 Contractor - Residential 233.00 244.65
11 IS30 Contractor - Building 233.00 244.6S
12 1540 Contractor - General 233.00 244.6S
13 16J 1 Contractor - Paving 233.00 244.65
14 1620 Contractor - Heavy Construction 233.00 244.65
15 1623 Contractor- TV Antenna & Tower 233.00 244.65
16 1624 Contractor - Underground Utilities (Ref 1623) 233.00 244.6S
17 162S Contractor - Concrete (Ref 1771) ~ 244.65
18 1626 Contractor - Marine (Ref. 1629) 233.00 244.65
19 1629 Contractor - Tennis Court 233.00 244.65
20 1700 Miscellaneous Specialty &4000 88.20
21 1701 Asphalt Sealing & Coating (Ref. 1799) --84:-00 88.20
22 1702 Landscaping (Ref. 0782) &4000 88.20
23 1703 Lathing (Ref. 1742) 84:00 88.20
24 1704 Residential Gutter & Downspout Installation (Ref. 1761) 84-G0 88.20
:\CA\Ordinances\OL License Fee Revision (2006).doc
2
1705 Striping (Ref. 1721) 84_00 1-;1-;.20
2 1706 Vinyl Clad Metal Shelving (Ref 17(9) 84-00 88.20
3 J 707 Mirror/Shower I )oor Installation (Ref] 7()9) M_{){) 88.20
4 ] 71 0 Contractor - Irrigation Sprinkler (Ref 171]) 2-3:t-:{j() 244.65
S
17] J
Contractor - Plumbing
n1-{){) 244_6S
6
1712
Contractor - Air Conditioning (Ref. 17 I I)
~)G 244.6S
-.---
7
1713
Contractor - Mechanical (Ref J 7 J ] )
2-}3c9() 244_65
"-----~
8 1714 Contractor -Fire Sprinkler (Ref. ] 71 ] )-2-~:OO ~14_65
9 ] 71S Contractor - Refrigeration (Ref. 17] 1) -~3--::h{.)O 244_6S
10 17] 6 Contractor-Room Air Conditioning (Rcf 1711) -~){)2~4.6S
11 1717 Contractor - Septic Tank (Ref. 171 J). -2--:H-:-+)o 244_6S
12 ] 718 Contractor - Solar Water Heating (Ref. 1711) 23::hOO ]44_6S
13
1721
Contractor - Painting
fr3-.00 244.6S
----
14
1731
Contractor - Electrical
2~ 244.65
--
15 1732 Contractor - Communication & Sound (Ref 1731) .&3*00 244.Q2
16
1733
Contractor - Burglar & Firc ;\Iann (Ref. 173 I)
2-=~ 244.65
---~
17 1734 Contractor - Sign - Electrical (Ref. 1731) .&~ 244.6S
18 1741 Contractor- Masonry 2-*1:00 244_6S
19 1742 Contractor - Plastering 2-}3:-00 244_65
20 ] 743 Contractor - Tile, Terrazzo, & Marble +3J-:-OO 244.6S
21 1744 Contractor - Drywall (Ref. 1742) ~{)G 244.65
22 ] 74S Contractor - Insulation (Ref. 1742) 233.00 244.6S
23 ] 746 Contractor - Acoustical Tile (Ref. 1742) ~OO 244.6S
S:\CA\Ordinanccs\OI. License Fee Revision (2006) doc
o
-)
7
8
9
10
] 1
]2
13
]4
IS
16
17
18
19
20
21
22
23
2
3
4
S
17S0
17S1
1752
17S3
1754
1761
1762
1763
1772
1781
179]
1793
1794
179S
1796
]797
1799
1800
180]
1802
1803
1804
180S
6
Contractor - Aluminum Specialty (Ref. 1799) 233.00 244.6S
Contractor - Awnings (Ref. 1799) 233.00 244.65
Contractor - Boilers and Pressure Piping (Ref. 1799) 233.00 244.65
Contractor - Fence Erection (Ref. 1799) 233.00 244.6S
Contractor - Liquified Petroleum Gas (Ref. 1799) 233.00 244.65
Contractor - Ornamental Iron (Ref. 1799) 233.00 244.65
':\CA\Ordinances\OL License Fee Revision (2006).doc
4
1806 Contractor - Pollutant Storage Systems (Ref. J 7<N) 2:n.OO 244.65
2
1807
Contractor - Pool/Spa (Ref. 17<)<))
~1-}A){} 244.6S
3 1808 Contractor - Pool/Spa Service (Ref. 17<)<)) ~1~OO 244.65
4
1809
MiscelIaneous Contractor (ReI. 1799)
:.!33.{)O 244.65
5 2024 Manufacturer - Frozen Desserts
6
Number of workers fee schedule:
7
Not exceeding 2 persons
-WH)9 108.IS
8
Not exceeding 4 persons-I73.00 181.6S
9
Not exceeding 6 persons
233.00 244.6S
10
More than 6, not exceeding 10 persons
280-:00 294.00
---~._-~--
11
More than 10, not exceeding 20 persons
-~S+hOO 367.S0
.~--
12
More than 20 persons 525.00 5SI.25
13 2099 Manufacturer - Food Preparation See 2024
14 2299 Manufacturer - Textile Goods See 2024
IS 2389 Manufacturer - Apparel and Accessories See 2024
] 6 2392 Manufacturer - Slipcovers 84-{)Q 88.20
17 2396 Manufacturer - Fabricated Trimmings See 2024
] 8 2399 Manufacturer -Fabricated Textile Products See 2024
19 2431 Manufacturer - Millwork See 2024
20 2434 Manufacturer - Cabinetry See 2024
2] 2439 Manufacturer - Stmctural Members See 2024
22 2S11 Manufacturer - Wood Furniture See 2024
23 2512 Manufactured - Wood Furniture, Upholstered See 2024
S:\CA IOrdinanceslOL License Fee Revision (2006).doc
5
2S] S Manufacturer - Mattresses See 2024
2 2S91 Manufacturer - Window Coverings See 2024
3 2671 Manufacturer - Plastic Packaging See 2024
4 2711 Manufacturer - Newspaper Publishing/Printing See 2024
5 27S9 Manufacturer - Commercial Printing See 2024
6 2834 Manufacturer - Pharmaceutical Preparations See 2024
7 2842 Manufacturer - Cleaning Preparations See 2024
8 2844 Manufacturer - Cosmetic Preparations See 2024
9 2899 Manufacturer - Chemical Preparations See 2024
10 3083 Manufacturer - Plastic Sheets/Rods See 2024
1 ] 3089 Manufacturer - Plastic Products, NEC See 2024
12 3231 Manufacturer - Glass Products See 2024
13 3271 Manufacturer - Concrete BlocklBrick See 2024
14 3272 Manufacturer - Concrete Products See 2024
15 328] Manufacturer - Stone Produets See 2024
] 6 33S4 Manufacturer - Aluminum Extmded Products See 2024
] 7 3442 Manufacturer - Metal Products See 2024
] 8 3446 Manufacturer - Ornamental Metal Products See 2024
19 3479 Manufacturer - Coating Application See 2024
20 3499 Manufacturer - Fabricated Metal Accessories See 2024
2] 3542 Manufacturer - Machinery/Equipment See 2024
22 3559 Manufacturer - Special Industry Machinery See 2024
23 3S69 Manufacturer - General lndustrial Machinery See 2024
S:\CA \Ordinances\OL License Fee Revision (2006).doc
6
3571 Manufacturer - Computers See 2024
2 3S99 Manufacturer - Machine Shop See 2024
3 3629 Manufacturer - Electrical Industrial Products See 2024
4 3663 I'v1anufacturer - Communications Equipment See 2024
S 3679 Manufacturer - Electronic Components See 2024
6 3728 Manufacturer - Aircraft Parts See 2024
7 3861 Manufacturer - Photographic Equipment Processing See 2024
8 391] Manufacturer - Jewelry See 2024
9 3942 Manufacturer - Dolls See 2024
10 3949 Manufacturer - Sporting Goods See 2024
1] 3993 Manufacturer - Advertising Specialties See 2024
12 3999 Manufacturer - Miscellaneous, NEC See 2024
13 4013 Railroad Company 187.00 1963S
14 4118
15
Ambulance Service (Ref. 4119) 9J.:.OO- 27.6S plus
~ 33.60 per vehicle
16 119 Transportation Service, NEC ~ 97.6S plus
17
18
19
20
21
22
23
~ ]3.60 per vehicle
121 Taxi/Limousine Service ~ 97.6S plus
~ 33.60 per vehicle
Bus Service ~ 97.6S plus
~ 33.60 per vehicle
Bus Serviee/Depot 93.00 97.65
Trucking Service ~ 73.50 per vehicle
:\CA\Onlinanccs\OL license Fee Revision (2006).doc
7
2
3
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7
8
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10
11
12
13
14
15
]6
17
18
19
20
21
22
23
4222 Cold Storage, per square foot
Warehouse, per square footage fee schedule:
S,OOO square feet or fraction thereof 210.00 220.S0
Each adcljtional S,OOO square feet ~ 21.00
422S
4493
4498
4522
4724
472S
Warehouse - Storage, per square foot See 4222
Marina -84:00 88.20
Marine Detailing (Ref. 4499) --84-:-00 88.20
Air Transportation, Nonscheduled --84-:-00 88.20
Travel Bureau* 110.00 147.00
Tour Operator -84:00 88.20
4731 Freight Forwarding Service 110.00 147.00
4780 Packing & Crating ] 10.00 147.00
4783 Express Company 280.00 294.00
4813 Telephone Communications 280.00 294.00
4822 Telegraph & Other Communications --84-:-00 88.20
4841
4899
4924
4925
5099
Television Services 110.00 147.00
Communication Services, NEC &4:00 88.20
Natural Gas Distribution 280.00 294.00
Liquified Petroleum Gas Distribution 280.00 294.00
Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $S,OOO 233.00 244.65
More than $S,OOO, not exceeding $2S,000 326.00 342.30
S:\CA\Ordinances\OL License Fee Revision (2006).doc
8
More than $2S.000, not exceeding $100,000
-46€r.-OO 489.30
-'--------.-
2
l'vlore than S I 00,000, not exceeding $SOO,OOO
700.00 73S.00
~-
3
J\lorc than $SOO.OOO -839:00 880.9S
4 5197 Advcrtising Spccialties Sales (Ref. 5199) --&4:{}Q 88.20
S S211 Lumber Company, per invcntory Sec S399
6 S261 Nursery: Trees/Plants, per invcntory See S399
7 S399 Mcrchant - Retail, per inventory
8 Rctail, per inventory fee schedule:
9 Not exceeding $S,OOO ~ 97.6S
] 0 More than $5,000, for each additional $1,000
11 or fraction thereof -+9G S .15
12 541 ] Grocery, per inventory See 5399
13 542] l'vlarket - Meat/Fish/Poultry, per inventory See S399
]4 5461 Bakcry 110.00 ]47.00
] S 5SI1 Automobile Dealer* 187.00] 96.3S
] 6 5S31 Auto Parts, per inventory Sce S399
17 SS41 Gas Station 110.00 147.00
18 5699 Dressmaking Shop ~ S8.80
19 5719 Blinds, Shades, Drapery 110. 00 147.00
20 5810 Ice Cream Parlor ~ S8.80
2] S811 Caterer 110. 00 147.00
~~
22 5812 Restaurant ~ 3.4] per seat,
23 ~ 97 .6S minimum
S:\CA \OrdinanccslOL License Fee Revision (2006 ) doc
9
S813 Drinking Places '166.00 489.30
2 S912 Pharmacy, per inventory See 5399
3 S930 Antique Shop 110.00 147.00
4
S
6
Antique stores and auction houses, selling only objects
of value such as quality restored antiques, art objects,
jewelry, and the like, but not used merchandise generally.
7 S932 Used Merchandise Stores 110.00 J47.00
8 5933 Pawnbroker . 62S.00 656.2S
9 5944 Jewelry Shop, per inventory See 5399
10 5945 Handicraft Shop, per inventory See S399
11 5961 Mail Order/Catalog --84000 88.20
12 5962 Vending Machine - Coin-Operated
J3 (a) Amusement Vending Machines:
J4
Each operator J 87.S0 J 96.88
IS
In addition, for each machine ~ 26.25
16 (b) Service Vending Machines:
17
18
Each operator ~ 6S.63
In addition, for each machine ~ 26.25
J9 (c) Merchandise Vending Machines:
20
21
22
23
Each operator ~ 65.63
In addition, for each machine as follows:
Requiring deposit under .35 ~ 26.2S
Requiring deposit over.3S ~ 39.38
:\CA \Ordinances\OL License Fee Revision (2006).doc
10
I (Coin-operated Auto Wash and Laundry Machines arc addressed separately, under SIC
2 7543 and SIC 72] 5, respcctlvely) Thc following coin-operated machines are cxcmpt from
3 license requiremcnts:
4 Cigarettc vending machines (F.S. 210.(3)
S Fcdcral postage stamp machines. Parccl checking
6 lockers, and Toilets (F.S. 20S.63)
7 Unadulterated Florida-produced citrus juice
8 vcnding machines (F.S. 205.632)
9 Furthermore, no license shall be required for coin-operated machines where the vending
10 machines are owned and operated by charitable or benevolent nonprofit organizations and
11 where the entire proceeds of such machines are used solely for recognized charitable or
12 bencvolent purposes. No license shall be required for the operation of any machines where
] 3 such machines are owned by a person who is otherwise licensed by the city, and such
14 machines are located and operated at the owner's regularly licensed place of business.
IS S963 Vending - Mobile .&4-CGG 88.20
16 S964 lee Cream Tmck (Ref. S963) W:-OO- 97.6S plus
17
J2-.00- 33.60 per vehicle
18 596S Lunch Wagon (Ref. S963) ~OO- 27.65 plus
]9
~ 33.60 per vehicle
20 S992 Florist, per inventory See 5399
21 5995 Optician* 187.00] 96.3S
22 S998 Auction Company (Ref. S999) 1,375.00 l443.7S
23 6020 Bank - Commercial +5QGQ 367.50
--
24 6030 Bank - Savings 350.00 367.50
2S
6098
280.00 294.00
Check Cashing Agency
26
6099
280.00 294.00
-~-
Financial Services, NEe
27
614]
280.00 294.00
Investment & Trading
S:\CA\Ordinances\OL License Fee Revision (2006) doc
I 1
6162 Mortgage Company* ~ 294.00
2 6163 Mortgage Broker* 110. 00 147.00
3 6211 Broker - Securities* 280.00 294.00
4 6282 Investment Advice 84.00 88.20
S 6410 Insurance Agent 4-1:00 49.3S
6 6411 Insurance Company ---84:00 88.20
7 6412 Medical Claims Processing Service (Ref. 6411) ---84:00 88.20
8 6513 Apartment Building 3:-W 3.68 per room,
9 JbOO 33.60 minimum
10 6S14 Rental property four (4) units or less, including single family residential rentals
1 ] 3:-W 3.68 per room
12 JbOO 33.60 mmlmum
13 Licensing Procedure:
14 Every rental unit used for residential living purposes in the city must be licensed. This
15 . ncludes rental property four units or less, including single family residential rentals,
16 ondominiums, and mobile homes.
17 Licenses are issued for a period of twelve months, from October 1 g to the following
18 eptember 30"'. They must be renewed annually. To avoid renewal late fees, rental license
19 ees are payable by October 1 g. After January 30'" late renewals require a Code Compliance
20 interior and exterior) inspection of the property.
21 Whenever a rental property is sold or otherwise changes ownership, the new owner
22 ust do the following:
23 (I) Apply for a new rental license;
24 (2) Schedule an inspection of the rental with the Code Compliance Division.
25 If the inspection process should reveal Zoning, Building, Housing or Fire Code
26 iolations, they must be corrected and a re-inspection made by the appropriate department.
27 he owner is given adequate time to correct any violations. All violations must be corrected
28 efore occupancy will be appr~ved.
:\CA \Ordinances\OL License Fee Revision (2006).doc
12
Any property that has been 1()lll1d in violation by a code compliance board of the city
:2 shall be reqUIred to be inspected after six (()) months from the date of the hearing, and again at
J twelve (12) months after the date of thc hcaring in which the property \vas found to be in
4 violation.
S The owncr of a property that has been found to be in violation by a code compliance
() board urthc city shall be requircd to pay an inspection fee of seventy-five dollars ($7S.00) for
7 each of the inspections required. The required inspection fees shaJl be included as part of the
8 administrative costs assesscd by the city and shall bc included in any liens filed by the city
9 NOTE: Fees may change from time to time by Ordinance of the City Commission.
10 The application and information forms for rental licenses are available at the Licensing
II Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office
12 boxes are not acceptable addresses for mailing purposes, and actual street addresses are
13 required on the application.
14 Designation of resident agent: No license shall be issued by the city for a rent31 dwelling
IS located on a rental premises unless the applicant therefor designates in \vriting to the city the
16 name, address, and local telephone number of the owner or resident agent to receive service of
17 notice of violation of this Code. The owner may designate as his or her resident agent any
18 natural person eighteen (18) years of age or older who is customarily present at a business
19 location within the city for the purposes of transacting business, or who actually resides
20 within the city. An owner may change his or her designation of a resident by notifying the
21 city in writing of the name, address, and local telephone number of the person designated by
22 the owner to replace the previous resident agent. Any notice of violation or legal process
23 which has been delivered or served upon the previous resident agent prior to the receipt of the
24 city of notice of change of the resident agent shall be deemed effective service. It shall be the
25 sole responsibility of the owner to appoint a reliable resident agent and to infornl the resident
26 agent of his correct mailing address. Failure to do so shall be no defense to a violation of this
27 Code. No owner sh31l designate as a resident agent any person who does not expressly
28 comply with the provisions of this section. The owner or the resident agent shall be deemed
29 to be the "violator" as the ternl is used in F. s. 9 162.06(2). Service of notice of the resident
30 agent shall be deemed service of notice of the owner, tenant and violator.
31 6S30 PropcI1y Management* ~ 88.20
32 6S3 I Real Estate Broker* -~OO 88.20
33 6S32 Real Estate Salesperson* -4~ 49.35
34 6541 Title Abstract Office ~OO 294.00
-~
3S 65S2 Subdividers & Developers, NEC +4G:OO 147.00
36
7011
Hotels & Motels 3:-W :}.68 room, ~ 33.60 mmlmum
S:\CA \Ordinances\OL License Fee Revision (2006 ).doc
13
7033 Trailer Parks & Campsites 93.00 97.6S plus ~ 3.41 per lot or site
2 7212 Laundry/Dryclean - Drop Only ~ 97 .6S
3 7214 Carpet Cleaning, Mobile (Ref. 7217) ~ 88.20
4 72 I S Laundry Machines, Coin-Operated 6BO 6S.63 plus ~5 1.31 per machine
5 7216 Dry Cleaning Establishments 187.00 196.35
6 7217 Carpet/Upholstery Cleaning, Commercial 187.00 196.3S
7 7219 Laundry & Garment Services, NEC ~ 58.80
8 7221 Photography 110.00 147.00
9 7230 Beauty school 187.00 196.3S
10 7231 Beauty Parlor, Etc. *
11
One chair ~ 73.S0
12 Each additional chair or manicurist +9:00 19.95
13 7232 Nail Salon* (Ref. 7231)
14 One manicurist table --+0:-00 73.50
15 Each additional manicurist --l-9:OO 19.9S
] 6 7241 Barber Shops*
] 7 One chair -7G:-OO 73.S0
18 Each additional chair -1-9000 19.9S
19 725] Shoe Repair & Shoe Shine Parlor ~ 58.80
20 7261 Funeral Director* 187.00 ]96.35
21 7290 Debt Counseling Service (Ref. 7299) --&4,.00 88.20
22 729] Income Tax Service 110.00 147.00
23 7292 Valet Parking (Ref. 7299) --&4,.00 88.20
S:\CA 10rdinanceslOL License Fee Revision (2006).doc
]4
7293 Tanning Salon (ReI 729!)) 84-4q :-\0.20
2 7294 Weight I.oss Ccnter (Ref 7299) -g+oo 88.20
3 7295 Family - Home Child Care (Ref 7299) 84cOO 88.20
4 7296 Dating Servicc (Rcf. 729!)) M,mo! 88.20
5 7297 Electrolysis* (Ref. 7299) g+OO 88.20
6 7298 Massage Therapist* -9+,00 97.6S
7 7299 Miscellancous Personal Services, NEC ~OO 88.20
8 731 I Publication Service. NECt4G-:OO 147.00
9 7319 Advertising --233.00 244.6S
10
7322
Collection Agcncy*
-l-4Oc+:lO I 47.00
~-
1 ]
7323
Credit Association
140.00 147.00
--.
12 7334 Photocopying/Duplicating Service -~ 88.20
13 7336 Commercial Art/Graphic Design -&4cOO 88.20
14 7337 Typing Service -&4:00 8~_..20
15 7338 Secretarial Services -1-40:00 14 7 ~QQ
16 7342 Extemlinator .l-4QOO 147.00
---~-
17 7348 Miscellaneous Commercial Services, NEe &4cOO 88.20
18 7349 Janitorial Service l-44ooo 147.00
~.~
]9 73S9 Rcntal Service -] 10.00 147.00
20 736 I Employmcnt Agency .84-:-{X) 88.20
2] 7362 Nursing Registry -~ 88.20
22 7370 Data Processing Service ~ 88.20
23 737] Computer Programming Service ~O() 147.00
S:\CA\Onlinances\OL License Fee Revision (2006) doc
IS
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
7376
7378
7379
7380
7381
7384
738S
7386
7387
7388
7389
7390
7391
7392
7393
7394
739S
7396
7397
7398
7399
400
7401
Computer Services --84:-99 88.20
Computer Maintenance & Repair &4:-00 88.20
Computer Related Services ~ 88.20
Private Detectivc* ~ 88.20
Security Service* 81.00 88.20
Photofinishing Laboratories 110.00 147.00
Books, Periodicals, News Bureaus (Ref. 7389) ~ 88.20
Auto Broker (Ref. 7389) 110.00 147.00
Messenger Service (Ref. 7389) :'m:OO S8.80
Appraiscr* (Ref. 7389)187.00 196.35
Business Services, NEC --84:{)Q 88.20
Handyman (No new licenses only renewals) 110.00 147.00
Interior Designer* (Ref. 7389) 187.00 196.3S
Manufacturer's Representative (Ref. 7389) 110.00 147.00
TeJemarketing/Soliciting* (Ref. 7389) 110.00 147.00
Auctioneer* (Ref. 7389) &~ 244.6S
Interior Decorator (Ref. 7389) 110.00 147.00
Agent or Agcncy (Ref. 7389) 81.00 88.20
Answering Service (Ref. 7389) --&4:-00 88.20
Arts & Crafts - Handmade (Ref. 7389) 81.00 88.20
Asbestos Consultant (Ref. 7389) &4:-00 88.20
Boat Broker (Ref. 7389) &4:-00 88.20
Draftsman (Ref. 7389) &4:-00 88.20
:\CA \Ordinances\OL License Fee Revision (2006).doc
16
7402 Executive Office (Ref. 7381)) g4.00 8820
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
7403
7404
7405
7406
7407
7408
7409
7410
7411
7412
7413
7414
741S
7416
7417
418
Furniture Installation (Ref. 7389) -~)t} 88.20
Home Demonstrator (Ref. 7389)-84~}(, K8.20
Import-Export (Ref 7389) .g4coo g_~,2.()
Interpretation & Translation (Ref. 7389) --84:-(}O 88.20
Mail Depot (Ref. 7389) 84000 88.20
Music Recording Studio (Ref. 7389) -84:-00 88.20
Paralegal (Ref. 7389) 84000 88.2Q
Pool Cleaning - NQ chemicals (Ref. 7389) MJ)() 88.20
Pressure Cleaning (Ref. 7389) ~ 88.20
Sign Painting & Lettering (Ref. 7389) --M-:{)(.) 88.20
Water Softening Service (Ref. 7389) ~ 88.20
Yacht Broker* (Ref. 7389) 84000 88.20
Merchandise Broker (Ref. 7389) -MOO 88.20
Financial Consultant (Ref. 7389) ~ 88.20
Showroom (Ref. 7389) ~ 88.20
Courier Service (Ref. 7389) 84000 88.20
Aquarium Service (Ref. 7389) ~~JL~Q
Religious/Charitable Organization (Ref. 7389) -~ 88.20
Pet Sitting (Ref. 7389) MOO 88.20
Housesitting (Ref. 7389) --M-:oo 88.20
Embroidery Service (Ref. 7389) ~ 88.20
Diver - Commereial (Ref. 7389) ~) 88.20
:\CA 10rdinanccslOL License Fee Revision (20H6 ) doc
17
2
3
4
S
6
7
8
742S
7426
7427
7S13
7S14
7S30
7S32
7S36
7S38
7S42
7S43
7S44
7S49
7SS0
7SS1
7629
7631
7641
7692
7697
7698
7699
7700
9
10
11
12
13
14
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16
17
18
19
20
21
22
23
Inspection Servjce - No Appraisal (Ref. 7389) -&4:00 88.20
Consultant (Ref. 7389) -&4:00 88.20
Medjation Counselor ~ 88.20
Tmck Rental & Leasing 233.00 244.6S
Passenger Car Rental '2-3J-oOO 244.6S
Auto Pinstriping (Ref. 7S32) &4000 88.20
Auto Body Shop, per number ofworkers* See 2024
Auto Glass InataIlation* --&4:00 88.20
Auto Mechanical Repair*, per number of workers See 2024
Car Wash &4000 88.20
Car Wash - coin-operated 9~ f}7.65 plus +9:00 19.9S per machine
Auto Detailing ~ S8.80
Automotive Services, NEC* --&4:00 88.20
Wrecker/Towing Service (Ref. 7S49) 7G-:OO- 73.50 per vehicle
Window Tinting (Ref. 7S49) &4000 88.20
Appliance Repair --&4:00 88.20
Jewelry Repair noo 28.35
Reupholstery, per number of workers See 2024
Welding, per number of workers See 2024
Locksmith, per number of workers (Ref. 7699) See 2024
Repair Shops, per number of workers (Ref. 7699) See 2024
Miscellaneous Repair Services, NEC ~ 88.20
Mobile Repair (Ref. 7699) --&4:00 88.20
S:\CA \Ordinances\OL License Fee Revision (2006).doc
18
7701 Bicycle Repair L~4A)O 88.20
2 7702 Screen Repair ---84-00 88.20
3 7832 l\lotion Picture Theatre -A5 .47 per seat, 9-}{)(}- 97.65 minimum
4
7910
Camival or Circus (Ref. 7(99)
46(t-:00 489.30
S 7911 Dance Studio/School -l4().;-OO 147.00
6 7922 Miscellaneous Theatrical Services --84-:00 88.20
7 7928 Adult Entertainment (Ref. 7(29) 1,000.00 lQ.20.00
8
9
10
A floor plan showing square footage of building, indicate portion to be allotted for
this use and seating chart if applicable, plus a site plan to show the off-street
parking, shall be submitted for review with the O.L. application and filing fee.
11 7929 Entertainers & Entertainment Groups ~ 88.20
12 7933 Bowling AJley 4+:-GO 49.35 per alley
13 7987 Martial Arts Instruction (Ref. 7999) ~ 88.20
14 7988 Fishing Guide (Ref 7999) --84-:OO~8.20
IS 7989 Boat Captain Service (Ref 7999) --&4:-00 88.20
16 7990 Athletic Clubs (Ref. 7991) -l4().;-OO 147.00
17 7991 Fitness Trainer --84-:00 88.20
18 7993 Amusement Arcade, per machine See S962
19 7994 Billiards (Ref 7993) -4+000 49.3S per table
20 799S Special Events (Ref. 7996) 110.00 147.00
21 7997 Bankruptcy Sale (Ref 7389) 140.00 147.00
22 7998 Miscellaneous Recreation Services, NEe -~ 88.20
23 7999 Boats - Recreation
24 Small motor crafts, each ~ 21.00
:\CA\Ordinances\OL License Fee Revision (2006) doc
19
1 - 5 passenger capacity ~ 73.S_Q
2 6 - 10 passenger capacity 93.00 97.6S
3 10-SOpassengercapacity 140.00 147.00
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4
S
6
7
8
8011
8012
8013
8021
8031
8034
803S
8036
8037
8038
8039
8040
8041
8042
8043
8044
8045
8046
8047
9
Over SO passenger capacity ~llOO 244.6S
Physician* 187.00 196.3S
Psychjatrist* 187.00 196.3S
Ophthalmologist 187.00 196.3S
Dentist* ~ 196.3S
Osteopath* 187.00 196.35
Relaxation Therapist (Ref. 8049) 187.00 196.3S
Psychotherapist (Ref. 8049) 187.00 196.3S
Psychologist (Ref. 8049) +&+-000 196.35
Physical Therapist (Ref. 8049) 187.00 196.35
Occupational Therapist (Ref. 8049) 187.00 196.3S
Midwife (Ref. 8049) 187.00 196.3S
Mental Health Counselor (Ref. 8049) 187.00 196.3S
Chiropractor* 187.00 196.3S
Optometrist* 187.00 196.3S
Podjatrist* 187.00 196.35
Hypnotist (Ref. 8049) 187.00 196.35
Dietitian (Ref. 8049) 187.00 196.3S
Clinical Social Worker (Ref. 8049) 187.00 196.35
Audiologist (Ref. 8049) 187.00 196.3S
:\CA \Ordinances\OL License Fee Revision (2006).doc
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8048 Acupuncturist (Ref 8(41)) 1-8-'UU) 196.35
2
8049
IIealth Practitioners, NEC*
187.00 196.3S
3
8051
Skilled Nursing Care Facilities
l-4~00 147.00
--~
4 80S9 Nursing Care Facility, NEe ~') 3AJ. per room, ;);h00 33.60 minimum
S 8062 General Medical/Surgical Centers* +~'hOO 196.3S
6
8069 l-Iospital
110.00 147.00
7 8070 Diagnostic Lab (Ref. 8071) 84.00 88.20
8
8072
Dental Laboratory
+-8-7-:00 196.3 S
----
9
8096
Nursing (Ref. 8099)
~ 97.65
10 8097 Surgical Technician (Ref. 8099) ~ 97.65
11 8098 Hearing Aid Specialist (Ref. 8099) 187.00 196.35
12 8099 Health & Allied Services, NEC ~ 97.65
13 8111 Attorney* 187.00 196.3S
14 8243 Computer Assembly/Setup &4:00 88.20
IS 8244 Business School .~ 147.00
16 8249 Art School 140.00 147.00
17 8296 Ceramic Studio (Ref. 8299) 140.00 147.00
] 8 8297 Auto Driving School (Ref 8299) 140.00 147.00
19 8298 Piano/lnstmment Instmction &4:00 88.20
20
8299
Schools & Education Services, NEC
--+40000 147.00
21
8322
Individual & Family Social Services
187.00 196.3S
--
22 8323 Counselor &4:00 88.20
23 324 Marriage/Family Therapist* (Ref. 8322) 187.00 196.3S
':\CA \Ordinances\OL License Fee Revision (2006) doc
21
83S1 Day Care - Children 140.00 147.00
2 8361 Adult Congregate Living Faci}ity* ~ 3.41 per room, ~OO 33.60 minimum
3
8399 Social Work Consultant* --84-000 88.20
8422 Aquarium 84,00 88.20
8610 Business Associations (Ref. 8611) 84,00 88.20
8611 Real Estate Board 84-000 88.20
8711 Engineer* 187.00 } 96.3S
8712 Architect* 187.00 I 96.3S
4
5
6
7
8
9 8713 Surveyor* 187.00 196.3S
10 8721 Certified Public Accountant* 187.00 196.35
II
8722 Bookkeeper (Ref. 8721) 84,00 88.20
8733 Research Organization ~ 88.20
8742 BusinesslManagement Consultant ~ 88.20
8748 Traffic Manager --84-000 88.20
8900 Construction Inspector (Ref. 8999) MOO 88.20
8998 Geologist* (Ref. 8999) 187.00 196.35
8999 Services, NEC ~ 88.20
12
13
14
IS
16
17
18 9991 Merchant - temp./regional mall concourse
19 For four (4) or less temporary (Jess than a week), and portable, regional mall promotion
20 activities with sales and located within any or all of the mall concourse areas, mall owners
21 shall pay a license fee of$125.00. $I31.2S
22 9992 Temporary retail/mall carts
23 Activities which would otherwise be subject to retail license fees, but which are
24 temporary and portable and located in mall concourse areas, shall be charged a license fee of
25 $37.50 $39.38 for each three-month period or portion thereof. Fees will be paid quarterly in
26 advance by the mall operator. Fees shall be paid based upon the maximum projected number
S:\CA \Ordinances\OL License Fee Revision (2006).doc
22
31
I of spaces the mall allocates for temporary and portable retail locations within the mall for the
2 twelve-month period commcncing October the first of each year. Fees paid shall be subject to
3 adjustment to reflect actual operating locations. Adjustment shall be madc yearly during the
4 month of August for the prcceding hvelve-month period and on written request from the mall
S operator. The mall opcrator shalt submit sufficient records to support its request lor
6 adjustment.
7 9993 Itinerant or Transient Merchant
8 Covers persons who travel from city to city and sell and cleliver goods, merchandise or
9 services to business establishments; or who sell, demonstrate or deliver goods, merchandise or
10 services to the gencral public, and do not have a pennanent place ofbusincss in the city.
II
Each person, pcr day 9000 9.4S
12
Each person, per week -4+AfO 49.35
13
Each person, per month 187.00 196..1')
14 (J.D. registration required for each person.)
IS Notes:
16 * Requires a license from one of the following: Department of Professional Regulation,
17 Department of Business Regulation, Department of Agriculture & Consumer Services,
18 Departmcnt of Highway Safety & Motor Vehicles, Florida Bar
19 Association, Department of Banking & Finance.
20 NEC - Not Elsewhere Classified
21 Section 3. Each and evcry other provision of Chapter 15, of the Code of Ordinances
22 of the City of Boynton Beach not herein specifically amended shall remain in full forcc and
23 effect as previously enacted.
24 . Section 4. All ordinances or parts of ordinances in conflict herewith be and the
25 same are hereby repealed, provided that no portion of the City of Boynton Beach Noise
26 Control Ordinance shall be repealed.
27 Section 5. Should any section or provision of this ordinance or portion hereof, any
28 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
29 such decision shall not affect the remainder of this ordinance.
30
Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon passage.
':\CA\Ordinances\OL l.icensc Fee Revision (2006).doc
23
FIRST READING this _ day of
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SECOND,
FINAL READING
> 2006.
, 2006.
AND
PASSAGE this
S CITY OF BOYNTON BEACH, FLORIDA
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14
IS
]6 ATTEST:
17
18 City Clerk
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21 (CORPORATE SEAL)
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2S
S:\CA \Ordinances\OL License Fee Revision (2006).doc
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
24
day
of
Beach. FL Code of Ordinances
();:- :JF'Di>J/.-NC.ES
'3 UC0r'~SES'
!J..RTiCLE I. ClCCUP}':.., TiC)NAL L}CEr-\jSES
ARTICLE I. OCCUPATIONAL LICENSES
Scc. 13-1. Purposc; imposition and Icvy of tax.
The governing body of Boynton Beach hereby establishes the City of Boynton Beach
Occupational License Code and levies an occupational license tax for the privilege of
engaging in or managing any business, profession or occupation within its jurisdiction.
The occupational license tax is levied on:
(I) Any person who maintains a permanent business location or branch office
within the municipality, for the privilege of engaging in or managing any business within
its jurisdiction.
(2) Any person who maintains a permanent business location or branch office
within the municipality, for the privilege of engaging in or managing any profession or
occupation within its jurisdiction.
(3) Any person who does not qualify under subsection (J) or subsection (2) and
who transacts any business or engages in any occupation or profession in interstate
commerce, if the license tax is not prohibited by Sec. 8 of Article 1 of the United States
Constitution.
(Ord. No. 94-15, 9 1,6-21-94; Ord. No. 9S-22, 92, 7-S-95)
Scc. 13-2. Dcfinitions.
For the purpose of this chapter, the following words shall have the meani~gascribed
to them in this section, unless the context requires otherwise:
City. The City of Boynton Beach Florida, its City Manager, or such officers.
employees or departments designated by the City Manager to act on behalf of the city.
City Manager. The term City Manager shall mean that person holding the position of
City Manager of the City of Boynton Beach, Florida or hislher designee.
Classification. Classification means the method by which a business or group of
businesses is identified by size or type, or both.
Contractor. A contractor shall mean any person whose work is defined in F.S.
489.1 OS(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach
Code of Ordinances.
Fiscal year. Fiscal year means October 1 of a calendar year to September 30 of the
following calendar year.
Inventory. Inventory shall mean those items commonly referred to as goods, wares
and merchandise which are held for sale, rental, or lease to others in the ordinary course
of business.
Number of workers. The number of workers shall be determined by the total number
of paychecks issued for all full time and part time workers, nonprofessionals,
subcontractors, contract workers, consultants, principals, and partners who worked for the
business, occupation or profession during the previous calendar year. A new business
shall be based on the number of workers as of opening day who are entitled to receive
paychecks. All principals and partners in the business shaJl be deemed as workers and be
included in the calculations.
Occupational License Administrator. The employee of the city designated by the
City Manager as the person responsible for the operations of the division of the city
which processes the issuance of occupational licenses.
Person. Person shall mean an individual, firm, partnership, joint adventure, syndieate,
or other group or combination acting as a unit, association, corporation, estate, trust,
business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes
the plural as well as the singular.
Professional. A professional shall mean any person engaged in any business,
occupation or profession who is required to maintain an active and valid State of Florida
license, permit, or certificate from any of the state agencies or the Florida Bar.
Specialty contractor. A specialty contractor shall mean any person whose work is
limited to a particular phase of construction, and whose scope is limited to a su~t of the
activities in F.S. 489.lOS(a) through (p), plus those exceptions as specified in Chapter 13,
Boynton Beach Code of Ordinanees.
Used car lot. Any business location within the municipal limits of the city engaged in
the wholesale or retail sale of secondhand or used automobiles or other type of used
motor vehicles.
Vending or other coin-operated machines. Vending machines shaJl be classified as
follows:
(l) Amusement vending machines: Machines such as pinball and video games, pool
tables, amusement rides, and the like.
(2) Product vending machines: l'vlachincs vending merchandise of any kind
including, but not limited to, soft drinks, journals, food products, and the like.
(3) Service vending machines: Devices such as lockers, copiers, heart and/or blood
pressure machines, laundry washers/dryers. and the like.
(Ord. No. 94-15. ~ L 6-21-94: Ord. No. 95-22. ~ 2. 7-5-95)
Sec. 13-3. Conflict with statute.
The regulation of occupational licenses shall be in accordance with this chapter and
with Chapter 20S.01 3-205.1973, Florida Statutes. In the event of any conflict between
this Occupational License Code and Florida Statutes, TITLE XIV. TAXATION AND
FINANCE, Chapter 205 "Local Occupational License Taxes," including future
amendments, the provisions of Chapter 20S shall control.
(Ord. No. 94- 15, S I, 6-21-94; Ord. No. 95-22, S 2, 7-5-9S)
Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business
and occupational license taxes therefor as set forth below.
(Ord. No. 94-15, Appendix A, 6-21-94; Ord. No. 95-22, S 2, 7-S-9S)
Occupational License Tax Rate Structure
Standard Industrial Classification
Businesses, Professions, Occupations
(* - See note, end of schedule;
NEC - See note, end of schedule)
The businesses, professions and oecupations subject to the provisions of Chapter 13,
the occupational license taxes imposed and levied, the Standard Industrial Cla~ifications
assigned, and other requirements pertaining thereto are as fo}]ows: -,
SIC
Description
Fee
0742 Veterinarian* 187.00 196.35
07S2 Animal Specialty Service &+00 88.20
0781 Landscape Architect* 187.00 196.3S
0782 Lawn & Garden Service 110.00 147.00
0783 Tree Trimming 110.00 147.00
1S20 Contractor - Residential 233.00 244.6S
1S30 Contractor - Building 233.00 244.6S
1540 Contractor - General 233.00 244.65
1611 Contractor - Paving 233.00 244.6S
1620 Contractor - Heavy Construction 233.00 244.6S
1623 Contractor - TV Antenna & Tower 233.00 244.65
1624 Contractor - Underground Utilities (Ref. 1623) 233.00 244.65
1625 Contractor- Concrete (Ref. 1771) 233.00 244.6S
1626 Contractor - Marine (Ref. 1629) 233.00 244.65
1629 Contractor - Tennis Court 233.00 244.6S
1700 Miscellaneous Specialty ~ 88.20
170 I Asphalt Sealing & Coating (Ref. 1799) -&4:00 88.20
1702 Landscaping (Ref. 0782) ~ 88.20
1703 Lathing (Ref. 1742) ~ 88.20
1704 Residential Gutter & Downspout Installation (Ref. 1761) &4-:40 88.20
170S Striping (Ref. 1721) ~ 88.20
1706 Vinyl Clad Metal Shelving (Ref. 1799) -&4:00 88.20
1707 Mirror/Shower Door InstaHation (Ref. 1799) -&4:00 88.20
1710 Contractor - Irrigation Sprinkler (Ref. 1711) 233.00 244.6S
1711 Contraetor - Plumbing 233.00 244.6S
1712 Contractor - Air Conditioning (Ref. 1711) 233.00 244.65
1713 Contractor-Mechanical (Ref. 1711) 233.00 244.65
1714 Contractor-Fire Sprinkler (Ref. 1711) 233.00 244.65
1715 Contractor - Refrigeration (Ref. ] 7 I I) 233.00 244.6S
J 716 Contractor - Room Air Conditioning (Ref. 17 I I) . 233.00 244.6S
I 7J 7 Contractor - Septic Tank (Ref. 17J J). ~~) 244.65
1718 Contractor - Solar Water Heating (Ref. 17 I I) 233.00 244.6S
] 721 Contractor - Painting 233.00 244.6S
1731 Contractor - Electrical ~ 244.65
1732 Contractor - Communication & Sound (Ref. 1731) 233.00 244.65
1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 233.00 244.6S
1734 Contractor - Sign - Electrical (Ref. 1731) 233.00 244.6S
1741 Contractor - Masonry 233.00 244.65
1742 Contractor - Plastering 233.00 244.6S
1743 Contractor - Tile, Terrazzo, & Marble 233.00 244.65
1744 Contractor - Drywall (Ref. 1742) 233.00 244.65
1745 Contractor - Jnsulation (Ref. 1742) 233.00 244.65
1746 Contractor - Acoustical Tile (Ref. 1742) 233.00 244.6S
1750 Contractor - Window (Ref. 1751) 233.00 244.65
1751 Carpentry & Cabinet Jnstallation --&4:00 88.20
17S2 Contractor - Flooring, NEC ~ 88.20
1753 Contractor - Door (Ref. 1751) 233.00 244.6S
17S4 Contractor - Garage Door (Ref. 17S1) 233.00 244.6S
1761 Contractor - Roofing 233.00 244.6S
1762 Contractor- Roof Deck (Ref. 1761) 233.00 244.6S
1763 Contractor - Sheet Metal (Ref. 1761) 233.00 244.65
1772 Contractor - Gunite (Ref. 1771) 233.00 244.6S
1781 Contractor - Well Driller 233.00 244.6S
179] Contractor - Reinforcing, Iron & Steel 233.00 244.65
1793 Contractor - Glass & Glazing 233.00 244.6S
] 794 Excavation/Grading &4ffi-) 88.20
J 79S Contraetor - Demolition 233.00 244.6S
1796 Contractor - Elevator 233.00 244.6S
1797 Contractor - Sign - Nonelectrical (Ref. ] 799) 233.00 244.65
1799 Contractor - Miscellaneous Speeial Trade 233.00 244.65
1800 Contractor - Aluminum Specialty (Ref. 1799) 233.00 244.65
180] Contractor - Awnings (Ref. 1799) 233.00 244.6S
1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 233.00 244.65
1803 Contractor - Fence Erection (Ref. 1799) 233.00 244.6S
1804 Contractor - Liquified Petroleum Gas (Ref. ] 799) 233.00 244.6S
180S Contractor - Ornamental Iron (Ref. 1799) 233.00 244.6S
1806 Contractor - PolIutant Storage Systems (Ref. 1799) 233.00 244.6S
1807 Contractor - Pool/Spa (Ref. 1799) 233.00 244.6S
1808 Contractor - Pool/Spa Service (Ref. 1799) 233.00 244.65
1809 Miscellaneous Contractor (Ref. 1799) 233.00 244.6S
2024 Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exeeeding 2 persons 103.00 108.15
Not exceeding 4 persons 173.00 181.65
Not exceeding 6 persons 23-3-000 244.65
More than 6, not exceeding] 0 persons ~ 294.00
More than ]0, not exceeding 20 persons 350.00 367.S0
More than 20 persons 525.00 551.25
2099 Manufacturer - Food Preparation See 2024
2299 Manufacturer - Textile Goods See 2024
2389 Manufacturer - Apparel and Accessories See 2024
2392 Manufacturer - Slipcovers &4:00 88.20
2396 Manufacturer - Fabricated Trimmings Sce 2024
2399 Manufacturer -Fabricated Textile Products See 2024
2431 Manufacturer - Millwork See 2024
2434 Manufacturer - Cabinetry See 2024
2439 Manufacturer - Structural Members See 2024
2S] ] Manufacturer - Wood Furniture See 2024
2S12 Manufactured - Wood Furniture, Upholstered See 2024
2515 Manufacturer - Mattresses See 2024
2S91 Manufacturer - Window Coverings See 2024
2671 Manufacturer - Plastic Packaging See 2024
271] Manufacturer - Newspaper Publishing/Printing See 2024
27S9 Manufacturer - Commercial Printing See 2024
2834 Manufaeturer - Pharmaeeutica] Preparations See 2024
2842 Manufacturer - Cleaning Preparations See 2024
2844 Manufacturer - Cosmetic Preparations See 2024
2899 Manufacturer - Chemical Preparations See 2024
3083 Manufacturer - Plastic SheetsIRods See 2024
3089 Manufacturer - Plastic Products, NEe See 2024
3231 Manufacturer - Glass Products See 2024
3271 Manufacturer - Concrete Block/Brick See 2024
3272 Manufacturer - Concrete Products See 2024
3281 Manufacturer - Stone Products See 2024
3354 Manufacturer - Aluminum Extruded Products See 2024
3442 Manufacturer - Metal Products See 2024
3446 Manufacturer - Ornamental Metal Products See 2024
3479 Manufacturer - Coating Application See 2024
3499 Manufacturer - Fabricated Metal Accessories See 2024
3S42 Manufacturer - Machinery/Equipment See 2024
3SS9 Manufacturer - Special Industry Machinery See 2024
3S69 Manufacturer - General Industrial Maehinery See 2024
3S71 Manufacturer - Computers See 2024
3599 Manufacturer - Machine Shop See 2024
3629 Manufacturer - Electrical Industrial Products See 2024
3663 Manufacturer - Communications Equipment See 2024
3679 Manufaeturer - Electronic Components See 2024
3728 Manufacturer - Aircraft Parts See 2024
3861 Manufacturer - Photographic Equipment Processing See 2024
3911 Manufacturer - Jewelry See 2024
3942 Manufacturer - Dolls See 2024
3949 Manufacturer - Sporting Goods See 2024
3993 Manufacturer - Advertising Specialties See 2024
3999 Manufacturer - Miscellaneous. NEe See 2024
4013 Railroad Company 187 .00 196.35
4118 Ambulance Service (Ref. 4119) ~ 97.65 plus
~9- 33.60 per vehicle
4119 Transportation Service, NEC ~ 97.65 plus
~ 33.60 per vehicle
4121 Taxi/Limousine Service ~ 97.6S plus
~ 33.60 per vehicle
4131 Bus Service ~ 97.6S plus
~ 33.60 per vehicle
4173 Bus Service/Depot 93.00 97.65
4210 Trucking Service -+G-:OO 73.50 per vehicle
4222 Cold Storage, per square foot
Warehouse, per square footage
fee schedule:
5,000 square feet or fraction thereof 210.00 220.50
Each additional 5,000 square feet ~ 21.00
422S Warehouse - Storage, per square foot See 4222
4493 Marina -&+00 88.20
4498 Marine Detailing (Ref. 4499) ~ 88.20
4522 Air Transportation, Nonscheduled --&4:-<.JG 88.20
4724 Travel Bureau* ] 10.00 147.00
472S Tour Operator --&4:-<.JG 88.20
4731 Freight Forwarding Service 110.00 147.00
4780 Packing & Crating 110.00 147.00
4783 Express Company 280.00 294.00
4813 Telephone Communications 280.00 294.00
4822 Telegraph & Other Communications --&4:-<.JG 88.20
4841 Television Services 110.00 147.00
4899 Communication Services, NEC &4:-00 88.20
4924 Natural Gas Distribution 280.00 294.00
4925 Liquified Petroleum Gas Distribution 280.00 294.00
S099 Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $S,OOO 233.00 244.6S
More than $S,OOO, not exceeding $2S,000 326.00 342.30
More than $2S,000, not exceeding $100,000 166.00 489.30
More than $100,000, not exceeding $SOO,OOO 700.00 735.00
More than $500,000 839.00 880.95
SI97 Advertising Specialties Sales (Ref. S199) --&4:-<.JG 88.20
S211 Lumber Company, per inventory See S399
S261 Nursery: Trees/Plants, per inventory See S399
S399 Merchant - Retail, per inventory
RetaiL per inventory fee schedule:
Not exceeding $5,000 -9-3A)O 97.65
Morc than $S.OOO. lor each additional $1.000
or fraction thereof -4-90 5.15
5411 Grocery, per inventory See 5399
5421 Market - Meat/Fish/Poultry, per inventory See 5399
546] Bakery 110.00 147.00
5511 Automobile Dealer*187.00 196.35
5531 Auto Parts, per inventory See S399
5541 Gas Station --f4G.:.QG 147.00
5699 Dressmaking Shop ~ 58.80
S719 Blinds, Shades, Drapery 110.00 147.00
S810 lee Crcam Parlor ~ 58.80
S811 Caterer 110.00 147.00
S 8] 2 Restaurant +8 3.41 per seat,
~ 97.6S minimum
S813 Drinking Places IJ66.00 489.30
S912 Pharmacy, per inventory See 5399
S930 Antique Shop 110.00 147.00
Antique stores and auction houses, selling only objects
of value such as quality restored antiques, art objects,
jewelry, and the like, but not used merchandise generally.
5932 Used Merchandise Stores 110.00 147.00
S933 Pawnbroker 62S.00 6S6.2S
S944 Jewelry Shop, per inventory See 5399
S945 Handicraft Shop, per inventory See S399
5961 Mail Order/Catalog --84:00 88.20
S962 Vending Machine - Coin-Operated
(a) Amusement Vending Machines:
Each operator 187.50 196.88
In addition, for each machine ~ 26.2S
(b) Service Vending Machines:
Each operator ~ 6S.63
In addition, for eaeh machine ~ 26.25
( c) Merchandise Vending Machines:
Each operator fuhW 6S.63
In addition, for each machine as follows:
Requiring deposit under .3S ~ 26.2S
Requiring deposit over.3S ~ 39.38
(Coin-operated Auto Wash and Laundry Machines are
addressed separately, under SIC 7543 and SIC 7215, respectively.)
The following coin-operated machines are exempt from
license requirements:
Cigarette vending machines (F.S. 210.03)
Federal postage stamp machines, Parcel checking
loekers, and Toilets (F.S. 20S.63)
Unadulterated Florida-produced citrus juice
vending machines (FS. 205.(32)
Furthermore, no license shall be required for coin-operated
machines where the vending machines are owned and
operated by charitable or bcnevolent nonprofit organiza-
tions and "ihere the entire proceeds of such machines are
used solely for recognized charitable or benevolent
purposes. No license shall be required for the operation
of any machines where such machines are oWl1ed by a
person who is otherwise licensed by the city, and such
machines arc located and operated at the owner's
regularly I icensed place of business.
5963 Vending - Mobile ~ 88.20
S964 Ice Cream Truck (Ref. 5963) ~ 97.65 plus
~ 33.60 per vehicle
5965 Lunch Wagon (Ref. 5963) ~ 97.6S plus
~ 33.60 per vehicle
S992 Florist per inventory See S399
5995 Optician* 187.00 196.35
5998 Auction Company (Ref. 5999) 1,375.00 1443.75
6020 Bank - Commercial 3S0.00 367.S0
6030 Bank - Savings 350.00 367.S0
6098 Check Cashing Agency 280.00 294.00
6099 Financial Services, NEC 280.00 294.00
6J41 Investment & Trading 280.00 294.00
6162 Mortgage Company* 280.00 294.00
6J63 Mortgage Broker* 110.00 147.00
6211 Broker - Securities* 280.00 294.00
6282 Investment Advice 81.00 88.20
6410 Insurance Agent ~ 49.3S
6411 Insurance Company ~ 88.20
6412 Medical Claims Processing Service (Ref. 64 J J) ~ 88.20
6S13 Apartment Building 3~ 3.68 per room,
~ 33.60 minimum
6S14 Rental property four (4) units or less, including single family residential rentals
3~ 3.68 per room
~ 33.60 ml11ImUm
Licensing Procedure:
Every rental unit used for residential living purposes in the city must be licensed.
This includes rental property four units or less, including single family residential rentals,
condominiums, and mobile homes.
Licenses are issued for a period of twelve months, from October I" to the following
September 30"h. They must be renewed annuaJIy. To avoid renewal late fees, rental
license fees are payable by October I". After January 30"', late renewals require~ Code
Complianee (interior and exterior) inspection of the property.
Whenever a rental property is sold or otherwise changes ownership, the new owner
must do the foJIowing:
(l) Apply for a new rental license;
(2) Schedule an inspection of the rental with the Code Compliance Division.
If the inspection proeess should reveal Zoning, Building, Housing or Fire Code
violations, they must be corrected and a re-inspection made by the appropriate
department. The owner is givcn adequatc time to correct any violations. All violations
must be corrected before occupancy \vill bc approved.
Any property that has been found in violation by a code compliance board of the
city shall be required to be inspected aftcr six (6) months from the date of the hcaring,
and again at twclve (12) months aftcr the date of the hearing in which the property was
found to be in violation.
The owner of a property that has been lound to be in violation by a code
compliance board of the city shall be required to pay an inspection fee of seventy-five
dollars ($75.00) for each of the inspections required. The required inspection fees shall be
included as part of the administrative costs assessed by the city and shall be included in
any liens filed by the city.
NOTE: Fees may change from time to time by Ordinance of the City
Commission. The application and information forms for rental licenses are available at
the Licensing Division of City Hall, 100 East Boynton Beach Boulevard. It should be
noted that post office boxes are not acceptable addresses for mailing purposes, and actual
street addresses are required on the application.
Designation of resident agent: No license shall be issued by the city for a rental
dwelling located on a rental premises unless the applicant therefor designates in writing
to the city the name, address, and local telephone number of the owner or resident agent
to receive service of notice of violation of this Code. The owner may designate as his or
her resident agent any natural person eighteen (I8) years of age or older who is
customarily present at a business location within the city for the purposes of transacting
business, or who actually resides within the city. An owner may change his or her
designation of a resident by notifying the city in writing of the name, address, and local
telephone number of the person designated by the owner to replace the previous resident
agent. Any notice of violation or legal process which has been delivered or served upon
the previous resident agent prior to the receipt of the city of notice of change of the
resident agent shall be deemed effective service. It shall be the sole responsibility of the
owner to appoint a reliable resident agent and to inform the resident agent of his correct
mailing address. Failure to do so shall be no defense to a violation of this Gode. No
owner shall designate as a resident agent any person who does not expressly comply with
the provisions of this section. The owner or the resident agent shaII be deemed to be
the "violator" as the term is used in F. S. 9 162.06(2). Service of notice of the resident
agent shall be deemed service of notice of the owner, tenant and violator.
6530 Property Management* -&4-:00 88.20
6S31 Real Estate Broker* -&4-:00 88.20
6S32 Real Estate Salesperson* -4-'7AG 49.35
6S41 Title Abstract Oflice 280.00 294.00
6552 Subdividers & Developers, NEC I "10.00 147.00
7011 Hotels & Motels 3~ 3.68 room, ~ 33.60 minimum
7033 Trailer Parks & Campsites 93.00 97.6S plus ~ 3.41 per lot or site
7212 Laundry/Dryclean - Drop Only -9*00 97.6S
7214 Carpet Cleaning, Mobile (Ref 7217) --&4-:00 88.20
721S Laundry Machines, Coin-Operated ~ 6S.63 plus ~ 1.31 per machine
7216 Dry Cleaning Establishments 187.00 196.3S
7217 CarpetlUpholstery Cleaning, Commercial 187.00 196.35
7219 Laundry & Garment Services, NEC S6.00 S8.80
7221 Photography HO.OO 147.00
7230 Beauty school 187.00 196.3S
7231 Beauty Parlor, Etc. *
One chair ~ 73.50
Each additional chair or manieurist ~ 19.9S
7232 Nail Salon* (Ref 7231)
One manicurist table ~ 73.50
Eaeh additional manicurist ~ 19.95
7241 Barber Shops*
One chair ~ 73.S0
Each additional chair ~ 19.95
72SI Shoe Repair & Shoe Shine Parlor ~ S8.80
726] Funeral Director* 187.00 196.3S
7290 Debt Counseling Serviee (Ref 7299) --&4-:00 88.20
7291 Income Tax Service -14~) 147.00
7292 Valet Parking (Ref 7299) --84-000 88.20
7293 Tanning Salon (Ref. 7299) -&4:00 88.20
7294 Weight Loss Center (Ref. 7299) --84-000 88.20
7295 Family - IIome Child Care (Ref. 7299) -84-00 88.20
7296 Dating Service (Ref. 7299) -&4:00 88.20
7297 Electrolysis* (Ref. 7299) -84-00 88.20
7298 Massage Therapist* ~ 97.6S
7299 Miscellaneous Personal Services, NEC --84-000 88.20
7311 Publication Service, NEe 110.00 147.00
73] 9 Advertising 233.00 244.65
7322 Collection Agency* 1/10.00 147.00
7323 Credit Association 110.00 147.00
7334 Photocopying/Duplicating Service -&4:00 88.20
7336 Commercial Art/Graphic Design --84-000 88.20
7337 Typing Service -&4:00 88.20
7338 Secretarial Services 110.00 147.00
7342 Exterminator 1'10.00 147.00
7348 Miscellaneous Commercial Services, NEC -84-00 88.20
7349 Janitorial Service 110.00 147.00
7359 Rental Service 110.00 147.00
7361 Employment Agency --84-000 88.20
7362 Nursing Registry --84-000 88.20
7370 Data Processing Service 81.00 88.20
7371 Computer Programming Service 110.00 147.00
7376 Computer Services -&4000 88.20
7378 Computer Maintenance & Repair &4000 88.20
7379 Computer Related Services --&4000 88.20
7380 Private Detective* --&4000 88.20
7381 Security Service* 81.00 88.20
7384 Photofinishing Laboratories 110.00 147.00
7385 Books, Periodicals, News Bureaus (Ref. 7389) --&4000 88.20
7386 Auto Broker (Ref. 7389) 110.00 147.00
7387 Messenger Service (Ref. 7389) ~ 58.80
7388 Appraiser* (Ref. 7389) 187.00 I 96.3S
7389 Business Services, NEC --&4000 88.20
7390 Handyman (No new licenses only renewals) 110. 00 147.00
7391
7392
7393
7394
739S
7396
7397
7398
7399
Interior Designer* (Ref. 7389) 187.00 196.35
Manufacturer's Representative (Ref. 7389) 110.00 147.00
Telemarketing/Soliciting* (Ref. 7389) 110.00 147.00
Auctioneer* (Ref. 7389) 233.00 244.6S
Interior Decorator (Ref. 7389) 110.00 147.00
Agent or Agency (Ref. 7389) 81.00 88.20
Answering Service (Ref. 7389) --&4000 88.20
Arts & Crafts - Handmade (Ref. 7389) 81.00 88.20
Asbestos Consultant (Ref. 7389) &4000 88.20
7400 Boat Broker (Ref. 7389) &4:-00 88.20
740 I Draftsman (Ref. 7389) &4,00 88.20
7402 Executive Office (Ref. 7389) &4000 88.20
7403 Furniture Installation (Ref. 7389) ~ 88.20
7404 Home Demonstrator (Ref. 7389) -&+-00 88.20
7405 Imp0l1-Export (Ref. 7389) --&4:-00 88.20
7406 Interpretation & Translation (Ref. 7389) --&4:-00 88.20
7407 Mail Depot (Ref. 7389) &4,00 88.20
7408 Music Recording Studio (Ref. 7389) &+-00 88.20
7409 Paralegal (Ref. 7389) &4:-t)G 88.20
7410 Pool Cleaning - NO chemicals (Ref. 7389) &4:00 88.20
7411 Pressure Cleaning (Ref. 7389) --&4:-00 88.20
7412 Sign Painting & Lettering (Ref. 7389) --&4:-00 88.20
7413 Water Softening Service (Ref. 7389) --&4:-00 88.20
7414 Yacht Broker* (Ref. 7389) &4:00 88.20
7415 Merchandise Broker (Ref. 7389) --&4:-00 88.20
7416 Financial Consultant (Ref. 7389) &4:00 88.20
7417 Showroom (Ref. 7389) &4:00 88.20
7418 Courier Service (Ref. 7389) &4:00 88.20
7419 Aquarium Service (Ref. 7389) --&4-000 88.20
7420 Religious/Charitable Organization (Ref. 7389) --84-:00 88.20
7421 Pet Sitting (Ref. 7389) &4:00 88.20
7422 Housesitting (Ref. 7389) --&4:-00 88.20
7423 Embroidery Service (Ref. 7389) &4:-00 88.20
7424 Diver - Commercial (Ref. 7389) 81.00 88.20
7425 Inspection Service - No Appraisal (Ref. 7389) -&4:00 88.20
7426 Consultant (Ref. 7389) -&4:00 88.20
7427 Mediation Counselor -&4:00 88.20
7S13 Truck Rental & Leasing 233.00 244.6S
7514 Passenger Car Rental 233.00 244.6S
7530 Auto Pinstriping (Ref. 7S32) &4:-00 88.20
7S32 Auto Body Shop, per number ofworkers* See 2024
7536
7538
7542
7543
7544
7S49
7SS0
7SS1
7629
763]
Auto Glass lnatallation* --84:00 88.20
A uto Mechanical Repair*, per num ber of workers See 2024
Car Wash &4:-00 88.20
Car Wash - eoin-operated 9~ 97.65 plus ~ 19.9S per maehine
Auto Detailing ~ 58.80
Automotive Services, NEC* --84:00 88.20
WreckerlTowing Service (Ref. 7549) 7~ 73.S0 per vehicle
Window Tinting (Ref. 7S49) &4:-00 88.20
Appliance Repair 81.00 88.20
Jewelry Repair 2-1:00 28.3S
7641 Reupholstery, per number of workers See 2024
7692 Welding, per number of workers See 2024
7697 Locksmith, per number of workers (Ref. 7699) See 2024
7698 Repair Shops, per number of workers (Ref. 7699) See 2024
7699 Miscellaneous Repair Services, NEC ~) 88.20
7700 l\10bile Repair (Ref 7699) -&4-:-00 88.20
770 I Bicycle Repair -&4,.00 88.20
7702 Screen Repair -&4,.00 88.20
7832 Motion Picture Theatre -4) .47 per seat, ~ 97.65 minimum
7910 Carnival or Circus (Ref. 7999) 166.00 489.30
791 I Dance Studio/School 110.00 147.00
7922 Miscellaneous Theatrical Services -&4,.00 88.20
7928 Adult Entertainment (Ref. 7929) 1,000.00 10SO.00
A floor plan showing square footage of building,
indicate portion to be allotted for this use and seating
chart if applicable, plus a site plan to show the off-street
parking, shall be submitted for review with the O.L
application and filing fee.
7929 Entertainers & Entertainment Groups &4:00 88.20
7933 Bowling Alley ~ 49.3S per alley
7987 Martial Arts Instruction (Ref. 7999) &4:00 88.20
7988 fishing Guide (Ref. 7999) -&4-:-00 88.20
7989 Boat Captain Service (Ref. 7999) -&4-:-00 88.20
7990 Athletic Clubs (Ref. 7991) 110.00 147.00
7991 Fitness Trainer -&4,.00 88.20
7993 Amusement Arcade, per machine See S962
7994 Billiards (Ref. 7993) -4+-cOO 49.35 per table
799S Special Events (Ref. 7996) 110.00 147.00
7997 Bankruptcy Sale (Ref. 7389) 110.00 147.00
7998 Miscellaneous Recreation Services, NEC -&4-:00 88.20
7999 Boats - Recreation
Sma)] motor crafts, each ~ 21.00
I - 5 passenger capacity ~ 73.50
6 - 10 passenger capacity 93.00 97.6S
10- SO passenger capacity 110.00 147.00
Over SO passenger capacity 233.00 244.6S
801 I Physician* 187.00 196.3S
8012 Psychiatrist* 187.00 196.3S
8013 Ophthalmologist 187.00 I 96.3S
8021 Dentist* 187.00 196.3S
8031 Osteopath* 187.00 196.3S
8034 Relaxation Therapist (Ref. 8049) 187.00 196.3S
803S Psychotherapist (Ref. 8049) 187.00 196.3S
8036 Psychologist (Ref. 8049) 187.00 196.3S
8037 Physical Therapist (Ref. 8049) 187.00 196.3S
8038 Occupational Therapist (Ref. 8049) 187.00 196.3S
8039 Midwife (Ref. 8049) 187.00 196.3S
8040 Mental Health Counselor (Ref. 8049) 187.00 196.35
8041 Chiropractor* 187.00 196.35
8042 Optometrist* 187.00 196.3S
8043 Podiatrist* ] 87.00 196.35
8044 Hypnotist (Ref. 8049) 187.00 196.3S
804S Dietitian (Ref. 8049) -~ J 96.35
8046 Clinical Social Worker (Ref. 8049)
187.00 196.35
----
8047
Audiologist (Ref. 8049)
187.00 196.35
8048
Acupuncturist (Ref. 8049)
187.00 196.3S
---
8049
Health Practitioners, NEC*
187.00 196.35
80Sl Skilled Nursing Care Facilities 110.00 147.00
8059 Nursing Care Facility. NEC ~ 3.41 per room, ~ 33.60 minimum
8062 General Medical/Surgical Centers* 187.00 196.35
8069 Hospital 110.00 147.00
8070 Diagnostic Lab (Ref. 8071) &4-:00 88.20
8072 Dental Laboratory 187.00 196.3S
8096 Nursing (Ref. 8099) ~ 97.6S
8097 Surgical Technician (Ref. 8099) ~ 97.6S
8098 Hearing Aid Specialist (Ref. 8099) 187.00 196.3S
8099 Health & Allied Services, NEC ~ 97.6S
8111 Attorney* -+&+:-00 196.3S
8243 Computer Assembly/Setup &4:00 88.20
8244 Business School 110.00 147.00
8249 Art School 110.00 147.00
8296 Ceramic Studio (Ref. 8299) 110.00 147.00
8297 Auto Driving School (Ref. 8299) 110.00 147.00
8298 Piano/Instrument Instruction &4-:00 88.20
8299 Schools & Education Services, NEC 110.00 147.00
8322 Individual & Family Social Services 187.00 196.35
8323 Counselor ~ 88.20
8324 Marriage/Family Therapist* (Ref. 8322) 187.00 196.3S
83S1 Day Care - Children 110.00 147.00
8361 Adult Congregate Living Facility* ~
ml11lmUm
3.41 per room, ~ 33.60
8399 Social Work ConsuItant* -84:-00 88.20
8422 Aquarium ~ 88.20
8610 Business Associations (Ref. 8611) ~ 88.20
8611 Real Estate Board 84AG 88.20
8711 Engineer* 187.00 196.3S
8712 Architect* 187.00 196.3S
8713 Surveyor* 187.00 196.3S
8721 Certified Public Accountant* 187.00 196.3S
8722 Bookkeeper (Ref. 8721) ~ 88.20
8733 Research Organization ~ 88.20
8742 Business/Management Consultant ~ 88.20
8748 Traffic Manager -84:-00 88.20
8900 Construction Inspector (Ref. 8999) ~ 88.20
8998 Geologist* (Ref. 8999) 187.00 196.3S
8999 Serviees, NEC ~ 88.20
9991 Merchant - temp./regional mall concourse
For four (4) or less temporary (less than a week), and portable, regional mall
promotion activities with sales and located within any or all of the mall concourse areas,
mall owners shall pay a license fee of$125.00. $131.2S
9992 Tcmporary rctail/mall carts
Activities which would otherwise be subject to retail license fecs, but which are
temporary and portable and located in mall concoursc areas, shall be charged a license
fee of ~5*J $39.38 for each three-month period or portion thereof. Fees \vill be paid
quarterly in advance by the mall operator. Fees shall be paid based upon the maximum
projected number of spaces the mall allocates for temporary and portable retail locations
within the mall for the twelve-month period commencing October the first of each year.
Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment
shall be made yearly during the month of August for the preceding twelve-month period
and on written request from the mall operator. The mall operator shall submit sufficient
rccords to support its request for adjustment.
9993 Itinerant or Transient Merchant
Covers persons who travel from city to city and sell and deliver goods,
mcrchandise or services to business establishments; or who sell, demonstrate or deliver
goods, merchandise or services to the general public, and do not have a permanent place
of business in the city.
Each person, per day 9-,00 9.45
Each person, per week --4+:-00 49.35
Each person, per month 187.00 196.3S
(I.D. registration required for each person.)
Notes:
* Requires a license from one of the following:
Department of Professional Regulation, Department of Business
Regulation, Department of Agriculture & Consumer Services,
Department of Highway Safety & Motor Vehicles, Florida Bar
Association, Department of Banking & Finance.
NEC - Not Elsewhere Classified
(Ord. No. 94-1S, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-S-95; Am. Ord. No.
98-38, 9 I, 9-15-98)
Sec, 13-5, Provision for unlisted businesses or occupations.
The city may hereinafter classify and issue occupational licenses for businesses or
oceupations not specifically listed herein. The city shall establish a classification for new
businesses or occupations in accordance with the United States Standard Industrial
Classification of Establishments (SIC). The occupational license tax established by the
city for any business not specificaJly listed herein shall be commensurate with the rate
structure and classifications set forth on Exhibit "A" and shall be established by
resolution of the City Commission foJlowing applieation but prior to issuance of an
occupational license for the unclassified business.
(Ord. No. 94-1S, S 1, 6-21-94; Ord. No. 9S-22, ~ 2, 7-5-9S)
Sec. 13-6 Administrative remedy to chaJlenge classification or fee.
(a) Any person may protest the classification or fee applicable to that person
provided:
(I) The person has made and filed an application for the issuance of an
occupational license in accordance with the procedures set forth herein, and
and
(2) The person has paid the application fee or reapplication fee, when applicable,
(3) The person has paid the occupational license fee requested by the city, and
(4) The oecupational license has been issued.
(b) A protest to a classification or fee shaJI be made in writing to the City Clerk
within 30 calendar days following issuance of the occupational license. Failure to timely
file a protest constitutes a waiver of protest and no further challenge may be made by that
person until renewal of the license, in which case the right to protest shall be revived for
an additional 30 days following issuance of a renewal license.
(c) A protest, when timely filed, shaH be processed as foHows:
(I) The City Clerk shaH forward the protest to the City Manager.
(2) The City Manager shaH conduct a review of the protest and render a 'written
report within 4S days of the filing of the protest. The City Manager shaH consider any
information submitted by the person filing the protest and any information submitted by
the Occupational License Director. The City Manager shall limit her report to an
evaluation of whether the tax which is being protested is based on a reasonable
c1assifieation and is uniform throughout the class.
(3) The City Manager's report shall be filed with the City Clerk and submitted to
the City Commission at the second meeting following filing of the report with the Clerk.
A copy of the report shall be forwarded to person who filed the protest, along with a
notice of the date on which the report is to be submitted to the City Commission.
(4) The City Commission shall revicw the protcst and the City Managers rcport
and shall either grant or dcny the protest. If the protest is granted the City Commission
shall adjust the classification or fee in accordance with their findings and any tax
previously paid by the protesting person, in excess of the adjusted tax, shall be refunded
by the city.
(5) ^ decision of the City Commission may be appealed to the Circuit Court of
Palm Beach County, Florida. The Circuit Court review shall be de novo, and the burden
of proof shall be on the persoll initiating the actioll.
(Ord. No. 95-22, S 2, 7-S-95)
Sec. 13-7. A ppJication and reapplication fees.
(a) Prior to the issuance of an occupational license a person shall file an application
with the city. The application shall be on a form prescribed by the city, and shall be filed
together with such other documentation as hereinafter set or as required by state law. The
form shall require disclosure of the Federal Identification Number or Social Security
number of the person to be licensed.
(b) Each new application for an occupational license shall be accompanied by an
application filing fee in the amount of forty dollars ($40.00), which shall cover the
occupational license inspections and review to be undertaken by the city zoning and
license manager. Should additional inspections for environmental, fire, or otherwise, be
necessary due to the proposed use, the applicant shall pay for such inspections at a rate of
twenty-five dollars per hour ($25.00/hour) per discipline, not exceeding a total of two
hundred dollars ($200.00). In the event an application is denied due to failed inspections,
the application may, upon payment of a reinspection fee of ten dollars ($10.00) per
reinspcction, be rcconsidered.
(Ord. No. 94- 15, 9 I, 6-21-94; Ord. No. 95-22, S 2, 7-S-9S; Ord. No. 04-026, S 1, 4-20-
04)
Scc. 13-8. Declaration required where fee depends on variabJ.c
factors within the applicant's knowledge.
Whenever the license tax depends upon variable faetors, the applicant shall be
required by the city to execute an affidavit containing information upon which the license
fee is calculated. The affidavit shaH be completed, executed and returned to the city as a
condition precedcnt to the issuance of 3n occupational license Of, on request by the city,
to the reissuance of an existing license. Failure to accurately disclose variable factors
shall constitute grounds for thc denial of an applieation or the rcvocation of an issued
license.
(Ord. No. 94-1S, S I, 6-21-94; Ord. No. 9S-22, ~ 2, 7-S-9S)
Sec. 13-9. lssuance of license.
(a) Upon payment of the required tax and compliance with all conditions required
for issuance of a license, the occupational license administrator shall issue the license.
(b) The mistaken issuance of a license shaII not be deemed to be a waiver of any
provision of the City Code nor shaII the issuance of a license be construed to be a
judgement of the eity as to the competence of the applicant to transact the licensed
business.
(c) No license shall be issued unless it is found that the proposed business and
location comply with city zoning codes and other applicable city ordinances.
(d) No license shall be issued for an occupation where certification is required
under state law unless proof of said certification is provided.
(Ord. No. 94-15, ~ I, 6-21-94; Ord. No. 95-22, ~ 2, 7-S-9S)
Sec. 13-10. Due dates.
Occupational licenses shall be sold by the city beginning August 1 st of each year and
are due and payable on or before September 30th of each year and expire on September
30th of the succeeding year or at time of applieation for new license.
(Ord. No. 9S-22, S 2, 7-S-9S)
Sec.13-11. Delinquency penalty.
Lieenses that are not renewed when due and payable are delinquent and subject to a
delinquency penalty of ten percent (10%) for the month of October, plus an additional
five percent (S%) penalty for each subsequent month of delinquency until paid~-:pr.ovided
the total delinquency penalty may not exceed twenty-five percent (25%) of the
occupational license tax for the delinquent establishment.
(Ord. No. 9S-22, S 2, 7-S-9S)
Sec. 13-12. Transfer of license.
(a) Transfer to new owner. Business licenses may be transferred to a new owner
when there is a bona fide sale and transfer of the business and property used in the
business. A transferred license shall be valid for the same time period and at the same
location for which it was originally issued. The original license shall be surrendered at
the time application for transfer is made. A transferred license, after being approved,
shall be of the same force and effect as the original license. A person applying lor such
transfer shall pay to the city a transfer fee of ten perccnt of the anl1uallicense tax, but not
less than three dollars ($3.00) nor more than twenty-Jive dollars ($25.0C)) and shall
present evidence of the sale or transfer of the business.
(b) Transfer to new location. Business licenses may be transferred from one
location to another, subject to zoning regulations, within thc city with approval and
written authorization, provided no change of ownership has occurred and the license
classification in which the license was originally issued remains unchanged. A
transferred license shall be valid for the same time period for which it was originally
issued at the new location. The original licensc shall be surrendered at the time
application for transfer is made. A transferred license, after being approved, shall be of
thc same force and effect as the original license. A person applying for such transfer
shall pay to the city an application filing fee in the amount of forty dollars ($40.00) and a
transfer fee of ten percent of the annual license tax. but not less than three dollars ($3.00)
nor more than twenty-five ($25.00) dollars.
(Ord. No. 94-15, ~ 1,6-21-94: Ord. No. 95-22, ~ 2, 7-5-95)
Scc. 13-13. Duplicatc licenses.
Duplicate occupational licenses may be issued by the occupational liccnse
administrator. A fee of five dollars ($S.OO) will be assessed for each duplicate license
issued.
(Ord. No. 94-1S, 9 1,6-21-94; Ord. No. 95-22. 92, 7-S-95)
Sec. 13-14. Licenses to be posted or carried.
(a) Occupational licenses issued to businesses that have a permanent place of
business within the city shall prominently display the current occupational license within
the place of business.
(b) In those occupations requmng business to be conducted outside' of the
permanent place of business, the license holder shall be required to produce the license
upon request.
(Ord. No. 94-1S, 9 1,6-21-94; Ord. No. 9S-22, 92, 7-S-95)
Sec. 13-15. Doing business not covered by licensc; license obtained
by false statements void ab initio.
No license issued under the provisions of this chapter shall protect any person from
prosecution for transacting any business, trade or profession not covered by such license,
or protect any person doing business with a license issued upon any false statement of
variable factors. Licenses that are issued based on false statements shall be considered as
void ab initio and shall not protect the holder thereof from prosecution for transacting
business without a license. Falsification of information can constitute grounds for
revocation of the oceupational license, for a fine not exceeding five hundred dollars
($SOO.OO), or imprisonment not exceeding sixty (60) days.
(Ord. No. 94-15, S I, 6-21-94; Ord. No. 95-22, ~ 2, 7-S-9S)
Sec. 13-] 6. Engaging in business without a license; penalties; prima
facie evidence.
(a) It shall be unlawful for any person to engage in any business, profession, or
occupation taxable by license hereunder without first obtaining an occupational license.
Any person engaged in such business, profession or occupation without the required
license shall pay a penalty of twenty-five percent (25%) of the full year license fee for
such trade, in addition to the license fee set forth herein.
(b) In addition, a person operating in violation of this chapter shall be subject to a
fine of up to five hundred dolIars ($500.00) a day and/or sixty (60) days in jail for each
day business is operated in violation of this chapter.
(c) In any original prosecution under this section, the fact that such person is open
for business, shall be prima facie evidence of engaging in such trade, business, profession
or occupation, and the burden shaII be upon the defendant to rebut same.
(Ord. No. 94-15, ~ 1, 6-21-94; Ord. No. 95-22, ~ 2, 7-S-95)
Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a) The specifie penalties and enforeement mechanisms contained within this article
are not exclusive remedies and shall not be construed as prohibiting the city from seeking
other fines and other remedies authorized by city, state, or common law.
(b) Any person subject to and who fails to secure an occupational license required
by this chapter or any other ordinance of the city or law of the State of Florida, shall upon
petition by the city be enjoined by the circuit court from engaging in the business in
which he has failed to secure said license, until sueh time as he shaII secure same,
including all costs of such action.
(Ord. No. 94-1S, S 1,6-21-94; Ord. No. 9S-22, ~ 2, 7-5-9S)
Sec. 13-18. Occupational licenses: control of issue, reissue, transfer,
revocation, right of appeal.
(]) The city may refuse to issue, reissue or transfer any license provided for in this
chapter when the issue, reissue or transfer of the license would result in the violation of
applicable city, county or state law. In the case of such refusal by the city the city shall
state in writing the basis for such refusal to issue, reissue or transfer a license with
specific reference to the provisions of the City Codc which the city asserts constitutes
grounds f()r denial.
(2) The city shall have the right and authority to revoke any occupational lieense
granted under this chapter and issued to any person, whenever it is made to appear that
the business method or operation or work being conducted or carried on by the licensce
which constitutes the violation of any applicablc city, county, or state law.
(3) An applicant who is denied issuanee, reissuance or transfer of a license or \vhose
license has been revoked may, within five business days of the denial or revocation,
appeal the denial or revocation to the City Manager. Within seven business days of
receipt of the appeaL the City Manager or his/her designee shall review the application,
the denial or revocation, and any information the applicant discloses in its written appeal
and either sustain or reverse the city's denial or revocation. In the event the denial or
revocation is sustained in whole or in part, the applicant may appeal the decision of the
City Manager to the Building Board of Adjustment, whieh shan conduct an evidentiary
hearing. The decision of the Building Board of Adjustment shall be final and shaII only
be subject to rcview by wTit of certiorari to Palm Beach County Circuit Court.
(Ord. No. 94-1S, 9 L 6-21-94; Ord. No. 9S-22, 9 2, 7-S-9S)
Sec. 13-19. Special permits for nonprofit enterprise.
The city shall issue special permits, without payment of any license lees or other
charges therefor, to any person or organization for the conducting or operating of a
nonprofit enterprise, either regularly or temporarily, when the applicant signs an affidavit
that the applicant operates without private profit, for a public, charitable, cducationaL
literary, fraternal or religious purpose.
(a) Special permittee must conform. A person operating under a special permit shall
operate his nonprofit enterprise in compliance with this section and all other rules and
regulations.
(b) False affidavit. Any person signing a false affidavit pursuant to this section
shall be subject to a five hundred dollar ($SOO.OO) fine and/or sixty (60) days in jail.
(Ord. No. 94-1S, ~ l, 6-21-94; Ord. No. 9S-22, S 2, 7-S-95)
Sec. 13-20. Special events.
(a) Permits for .special events.
It shall be unlawful to organize, conduct or participate in any special event on the
streets of the city or at any of the city's outdoor recreation facilities unless a permit for
such special event has been issued by the City Manager or his/her designee.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or
vehicles, or a combination thereof, having a common purpose, design or goal upon any
public or private facility, street, sidewalk, alley, park or other place or building where the
special event substantially inhibits the usual flow of pedestrian or vehicular traffic or
which occupies any public area or building and preempts use by the general public. A
Special Event shall include but not be limited to city co-sponsored events, festivals,
carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block
parties, grand opening promotions, and other similar events not specifically permitted by
city ordinance. Merchandise sales under a tent on private property which have no other
related activity, i.e. food sales or entertainment, are exempt from obtaining a Special
Event permit; however, applicant must still obtain the proper Building Permit. City of
Boynton Beach Recreation and Parks Department events are exempt from this section.
Special Event Handbook. A publication issued by the City of Boynton Beach
Recreation Department entitled "Special Event Handbook" which sets forth procedures
for the application process and city requirements for special event activities, and which is
attached hereto as Exhibit "A" and made a part hereof. This booklet may be amended
from time to time by the City Manager or his or her designee, however Special Event
Permit Fees shall be amended by resolution of the City Commission.
(c) Application for a special event permit.
(1) Any person or organization seeking to conduct a special event in the city
shall file an application with appropriate fee, for a special event permit with the
Recreation Department on forms provided by the city, on or before the following
deadlines prior to the event:
Expected Attendance Deadlines
(persons) (months)
Less than 500 One month
501 to 5,000 Three months
5,001 to 50,000 Six months
More than 50,000 Nine months
(2) All information solicited on the special event permit application form must
be provided by the applicant. Incomplete information may result in dcnial of the permit
application.
(3) For cvents with an expccted attcndance of 50,000 persons or greater, a lettcr
of intcnt shall bc filed at least one year prior to the cvent with the City Manager
dcscribing datcs. times and location of all cvent activitics.
(4) Notwithstanding the foregoing procedure. the City Commission reserves the
right to waive application filing deadlines on a case by case basis.
(d) Standards for issuance (~lpermit. A special cvent pern1it shall be issued by the
Recreation Department unless:
(1) 'fhe application is not complete in all material respects and all information
contained therein accurate within the knowledge of the Special Events Coordinator;
(2) All of the conditions sct forth herein and all contractual rcquirements
imposed by the city, if any, have not been or will not be met;
(3) The special event will interfere with or unduly burden the city's provision of
municipal services to the community including but not limited to police, fire and
emergency medical protection, water and sanitary sewer service, and solid waste
removal;
(4) The public benefit provided by the event has not been demonstrated;
(5) The appropriate fee established by resolution of the City Commission has not
been paid.
(e) Conditions for permit. All special event permit applications approved pursuant
to this article shall be subject to the following conditions:
(l) The public area utilized shall be cleaned up following any speciafevent and
in all respects restored to its former condition. A refundable security bond, or similar
financial pledge, may be required in amount to be determined by the Recreation
Department, to ensure that any damage is repaired and the premises returned to its
previous condition.
(2) The use or construction of platforms, chairs or other equipment may be
prohibited or restricted by the Recreation Department and/or the City Manager if such
would result in pennanent damage to city property or constitute a hazard to public safety.
(3) A detailed site plan shall be submitted showing the locations of any tents,
port-o-Iets, parking lots, stages, booths, and the like, and the time periods for set up and
break down of the event. This plan shall be subject to review and approval by city and
staff.
(4) All city ordinances, rules or regulations applicable to the use of the city
property on which the special event \vill occur shall be obeyed, unless specifically waived
by the City Commission.
(5) Indemnification and insurance to protect the city shall be provided as
required by the City's Risk Management Department.
(6) Unless extended by the Recreation Department and/or the City Manager, all
permits necessary to conduct the special event shall be obtained and copies thereof
provided to the city not less than 14 days prior to the first day of the event.
(7) When a city employee is required at a special event, he/she shall complete,
within 30 working days of the conclusion of the special event, an evaluation of the event
on forms provided by the city. The permit holder for the special event will be provided
with a copy of said evaluation. The need for a city employee at the special event will be
determined by the City Manager or his/her designee.
(e) Enforcement/penalty. It shall be unlawful to operate or hold any special event in
the city without compliance with this section. Failure to comply with this section shall be
deemed a violation of the city code punishable by up to a $500 fine and/or 60 days in the
county jail.
(Ord. No. 94-15, 9 1, 6-21-94; Ord. No. 95-22, 9 2, 7-5-95; Ord. No. 98-37, 9 1, 10-20-
98; Ord. No. 01-19, 9 1,4-17-01; Ord. No. 03-025, 9 1,6-17-03)
Sec. 13-21. Registration and regulation of contractors
Contractors and specialty contractors, unless exempt as described in Florida Statutes,
Section 205.065, who do not maintain a location or branch office in the city but who
conduct business within the city shall be required to register with the city. before
conducting business within the city. Contractors who are holders of a valid countywide
municipal contractor's license, in addition to a Palm Beach County Occupational License,
shall be required to register, show proof of the countywide municipal license and pay a
registration fee of two dollars ($2.00). Contractors who are not holders of a valid
countywide municipal contractor's license shall be allowed to register and the fee
schedule shall be set by ordinance.
(Ord. No. 94-15, 9 1,6-21-94; Ord. No. 95-22, 92,7-5-95)
Sec. 13-22. Professionals, licenses.
Each professional, engaged in the practice of any profession, shall be required to
obtain an individual occupational license.
(Ord. No. 94-15. ~ I, 6-21-94; Ord. No. 95-22, ~ 2, 7-5-95)
Sce. 13-23. Homc occupational license fees.
Licenses for home occupations, when otherwise permitted, shall pay the same fee for
such business, profession or occupation as would otherwisc be payable if the occupation
were conducted in a non-home location.
(Ord. No. 94-15, 9 1,6-21-94; Ord. No. 95-22, 9 2, 7-5-95)
Sec. 13-24. Coin-operated vending machines.
(a) A license is required for all vending machines, except that the following coin-
operated machines are and shall be exempt from license hcreunder:
(1) No license shall be required for coin-operated machines where the vending
machines are owned and operated by charitable or benevolent nonprofit organizations
and where the entire proceeds of such machines are used solely for recognized charitable
or benevolent purposes.
(2) No license shall be required for the operation of any machines where such
machines are owned by a person who is otherwise licensed by the city, and such
machines are located and operated at the owner's regularly licensed place of business.
(b) Proprietors of places of business and/or o"mers of record of the premises in or
on which vending machines are placed shall be jointly and severally responsible for the
vending machine license if not otherwise paid.
(Ord. No. 94-15, ~ I, 6-21-94; Ord. No. 95-22, 92, 7-5-95)
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the
occupational license application, whcther the business would use, handle, store, generate,
or display hazardous materials, hazardous waste, or a toxic substance, as the same are
defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set
forth in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire
Department Hazardous Material Disclosure Form shall be required in accordance with
Part 11, Section 9-71 of this code.
(Ord. No. 94-15, 9 1. 6-21-94; Ord. No. 95-22, 9 2, 7-5-95; Ord. No. 04-026, S 2, 4-20-
04)
Sec. 13-26. Businesses that tow vehicles.
(a) Any person or firm that tows or removes vehicles and proposes to require an
owner, operator, or person in control of a vehicle to pay the costs of towing and storage
prior to redemption of the vehicle must file and keep on record with the City Police
Department a complete copy of the current rates to be charged for such services, post at
the storage site an identical rate schedule, and provide the current rate schedule with any
written contracts with property owners, lessors, or persons in control of property which
authorize such person or firm to remove vehicles.
(b) Any person or firm towing or removing any vehicles from private property
without the consent of the owner or other legally authorized person in control of the
vehicles shall, on any trucks or other vehicles used in the towing or removal, have clearly
indicated, in at least two-inch letters such person's or firm's name, address and telephone
num ber on the driver and passenger side doors.
(Ord. No. 94-15, 9 1, 6-21-94; Ord. No. 95-22, 9 2, 7-5-95)
Sec. 13-27. Identification ofvehicJes used in business or occupation.
Any and all trucks or other vehicles operated or used in connection with any
contracting, building, delivery, maintenance, repair service, manufacturing business or
occupation conducted within the municipal limits of the City of Boynton Beach, Florida,
shall have painted or otherwise prominently displayed in a visible and legible manner
upon such truck or other vehicle, the name and address of the business in which such
truck or other vehicle is used. Such information shall be displayed on both sides of the
vehicle, and the letters included in such sign shall each be a minimum height of two
inches.
(Ord. No. 94-15, 9 1, 6-21-94; Ord. No. 95-22, 92, 7-5-95)
Sec. 13-28. Licensing of used car lots.
(a) Approval required. Prior to the issuance of any occupational license authorizing
the operation of a used car lot within the city, such license must be approved byAhe City
Commission. In addition to the other requirements set forth in this section and other
existing sections of the Code, if it is the judgment of the City Commission that the
issuance of such license shall result in increasing or creating fire, traffic or other
dangerous hazards, endangering children or the general public, the emission of offensive
noise or noxious odors, or otherwise constitute an objectionable nuisance, or otherwise be
detrimental to the health, safety and general welfare of the community, and in the absence
of counterbalancing public demand for the issuance of such license in the vicinity in
question, the Commission may refuse to issue such license. The requirements set forth in
this subsection shall be applicable regardless of the zoning classification of the property
location connected with any such license application contemplated herein.
(b) Restrictions authorized. In addition, the City Commission may, in connection
with the approval and issuance of any such license, to impose reasonable restrictions or
rcquirements upon the operation of such busincss relative to installation of sanitary and
office facilities, paving and lighting installation, landscaping and reasonable hours and
times of business operation.
(Ord. No. 94-15, ~ 1,6-21-94; Ord. No. 95-22, ~ 2, 7-5-95)
Sccs. 13-29-13-51. Reserved.
QJ..~_~:Jil.~ r n .QL.
Cede oj ()rOt;l.-snCE::s anc/or any other docurnEn~s that appear r_'n Hl!S sIte ;11ay not reflect the rncst current legislation
[:.ted 0; tre r'!run,c,paiI1i 1\n1erlcan LEgal Publlsrdng Corpcrat;Dn prOVides these documents for rnformational purposes
Trv::se './;(,Ur;:enls should not be relied upon as the dEfinit:vE authoriiy for local legislation Additionally the
o~~9!'-~;;t:on 0" the pcsted documents \/anE-S frorn the fOrrYL?tting and pagmation of the offlclol copy The
;12. CCJde cf Qrcj:nances ShCL'id t)e ccnsl;'ic.cd pner to ary ac.tlon being taken
reCFFeJ,r'J verSion (:1 ihi5: Cede of Ordinances oiher documents posted en this
r'J1'_)nT!Ca';t'~/ ' ace:!'; (:C,',!;;(:i ,L:".P:f:' .c.2'! Lef~a! Pub1isr'!n9 to!j~free at ~300-.:1,,,15-5588
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leohs u ppor1@amleqal.oom
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XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dales in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) ~ June 6, 2006 May 15,2006 (Noon)
!sl-I(~Nq.
0 April 18, 2006 April 3, 2006 (Noon) ~ t7 June 5, 2006 (Noon)
June 20, 20~ .
0 0 .2fid clFlv~
May 2, 2006 April 17, 2006 (Noon) July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal~~g)
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approve Ordinance No. 06- _ that would consolidate the powers, duties and responsibilities of
the Education Advisory Board with the Children and Youth Advisory Board.
EXPLANATION: This ordinance would create a new subsection 2-]23, within Chapter 2, "Administration," ofthe Code of
Ordinances, providing for the consolidation of powers of the Children and Youth Advisory Board and the Education Advisory
Board, amending Chapter 2, Article VIII, changing all references to "Education Advisory Board" to "Education and Youth
Advisory Board." At this time the Education Advisory Board has three (3) active members, which does not constitute a
quorum for meetings, and there are no incoming applications for membership to this board. The fact-finding and advisory
functions of both boards are similar enough that it is feasible to incorporate the Education Advisory Board functions with the
Children and Youth Advisory Board functions. The Education Advisory Board meets so infrequently that the transition of its
responsibilities to the Children and Youth Advisory Board would not constitute additional burden on the Children and Youth
Advisory Board.
----
PROGRAM IMPACT: The current members ofthe Education Advisory Board are agreeable to becoming members of the
Children and Youth Advisory Board with the understanding that they will be able to continue with the goals and objectives of
their previous board. The consolidation of the Children and Youth Advisory and the Education Advisory Boards would
lessen the administrative burden expended to support board action and board meeting activity.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to approve the ordinance to consolidate the Education Advisory Board with the Children and Youth
Advisory Board. ! 7 /7
Department Hoad', S;gnatu" ~tu"
Department Name
City Attorney / Finance / Human Resources
~'nlN\FORMSIAGENDA ITEM REQUEST FORM.IJOC
] ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CREATING A NEW SUBSECTION 2-123,
5 WITHIN CHAPTER 2, "ADMINISTRATION," OF THE
6 CODE OF ORDINANCES; PROVIDING FOR THE
7 CONSOLIDATION OF THE CHILDREN AND YOUTH
8 ADVISORY BOARD AND THE EDUCATION ADVISORY
9 BOARD; AMENDING CHAPTER 2, ARTICLE VIII
10 CHANGING ALL REFERENCES TO "EDUCA TION
]] ADVISORY BOARD" TO "EDUCA TION AND YOUTH
]2 ADVISORY BOARD"; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
]4 DATE.
15
16 WHEREAS, the Children and Youth Advisory Board and the Education Advisory
] 7 oard both appointed by the City Commission and empowered with fact- finding and advisory
18 functions; and
] 9 WHEREAS, the consolidation of the Children and Youth Advisory Board with the
20 Education Advisory Board would facilitate the advisory function of those Boards; and
2] WHEREAS, the Education Advisory Board meets so infrequently that the transition
22 of its responsibilities to the Children and Youth Advisory Board would not constitute
23 additional burden on the Children and Youth Advisory Board; and
24 WHEREAS, the current number of active members of Education Advisory Board
25 does not constitute a quorum for meetings the City Commission has experienced difficulty
26 finding qualified individuals to serve on that Board as evidenced by the fact that there are
27 currently no incoming applications for appointment to the Board;
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WHEREAS, considerable administrative effort and cost IS associated with
29 maintaining and operating City boards, and the Commission finds that consolidation of the
30 Children and Youth Advisory and the Education Advisory Boards would lessen the
I S:\CA \Ordinances\Consolidation of EAB and CY AS revised.docS:\(::.;\\(-+nJinanH'",\CHflsnhdatitlnt,fFABaml_CYA13cdtl~
administrative burden expended to support board action and board meeting activity;
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA:
4
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
5 being true and correct and are hereby made a specific part of this Ordinance upon adoption
6 hereof.
7
Section 2.
Amending Chapter 2 Administration, by creating a new subsection 2-
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123, as follows:
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2-123. Consolidation of Children and Youth Advisory
Board and Education Advisory Board; survival of actions
An powers, duties, and responsibilities of tbe
Education Advisory Board shan survive and be deemed
mereed and consolidated with the powers, duties and
responsibilities of the Children and Youth Advisory Board.
An previous actions of the Education Advisory Board shan
survive this consolidation unless specifically revoked by the
Children and Youth Advisory Board. The consolidated
board shan be known as The Education and Youth
Advisory Board
Section 3.
That Chapter 2, Article Vll, "Children and Youth Advisory Board" is
23
hereby amended by adding the words and figures in underlined type, and by deleting the
24 words and figures in struck-through type as follows:
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Chapter 2, Article VII, "Education and Youth Advisory Board"
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Section 2-117. Duties.
The Children Education and Youth Advisory bBoard shan act
as a fact finding and advisory board on the following issues
I s :\CA \Ordinances\Consolidation of EAB and CY AB revised .docSA(cA1,0reinant!t!s\GHJtsolida,jf)f\-of-EAg-aIHi-.C.Y-AH,~
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and on such other issues as are, from time to time, designated
by the City Commission by resolution:
(1) Development of programs that promote ongoing
relationships with caring adults;
(2) Formulation of long and short range programming to
benefit the children and youth of the community by involving
parents, the business community, civic and neighborhood
organizations, includine volunteer recruitine for before and
after local school proerams.
(3) Development of incentives and enhancements wbWll
would cncourage the development of safe places, includine
improved playerounds at or near local schools and structured
activities in--durin2 non-school hours~ and improvcd
plav~rounds at or ncar local schools.
(4) (4) Identification and dissemination of
information on local, county, state and federal
programs that provide beneficial services to children
and their families; aDd
(5) Developine strateeies for communicatill!~ with the
School Board of Palm Beach County and its staff.
advisine the City Commission as to the activities of
the Board, and other Federal. State and local
leeislative bodies which affect the needs of students
within the City.
(S,Q) Development of child and youth advocacy programs.
((;1) Contactine community eroups and businesses within
the ee02raphical boundaries of Boynton Beach for
professional skills, materials. financial or education support
for the schools and with the purpose of implementine
proerams at local schools that benefit students from Pre K
throueh 2rades 12 and vocational schools.
(1ID Developine recommendations to the City
Commission for forwardine to the School Board of Palm
Beach County reeardine actions which may be taken in
support of schools in Boynton Beach with respect to proposed
leeislation at the State level.
(82) Coordinatine with the local police department to
I S:\CA \Ordinances\Consolidalion of EAS and CY AS revised.docS-:',f'A\GHjiflaJl€€;;\{\}As~itlali<mofEAB.anJGy:.,\J~h)c
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improve safety for students before. durine and after school
and developine public relations that hiehlieht successful
proerams.
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Section 4.
That Chapter 2, Article VIII, "Education Advisory Board" is hereby
8 amended by adding the words and figures in underlined type, and by deleting the words and
9 figures in struck-through type as follows:
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Sec. 2 129. Organization.
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(a) The education advisory board shall comprise
seven (7) permanent members and two (2) alternate
members, all to be appointed by the City Commission. Of
the members so appointed, four (4) shall be for a term of
three (3) years and three (3) shall be for a term of two (2)
)'ears. Their successors shall be appointed for a term of two
(2) years. Alternate members shall be appointed for a
period of one (1) year. There shall also be appointed two (2)
high school seniors, who must reside within the city limits of
the City of Bo)'nton Beach and who must attend a public
school in Palm Beach County to serve for a term of one (1)
year, to be seleeted by the City Commission. 1\11 terms shall
expire in the month of ./\pril. Student members of the
Education Advisory Board shall enjoy the right to yote, t~~
same right that is currently enjoyed by regular -yoting
members of the Children and Youth .i.\1dyisory Board.
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See. 2 131. Qualification.
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The members of the Education }'1dYisory Board shall
be residents of the City provided that one (1) regular
member and any alternate of the Board may be non
residents of the City, provided that one (1) regular member
and any alternate members of the Board may be non
residents of the City proyided the member has at least one
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child in pnblic school, which is located within the
geographical boundaries of the City.
Section 5.
Each and every other provision of the Code of Ordinances not herein
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specifically amended, shall remain in full force and effect as originally adopted.
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Section 6.
All laws and ordinances applying to the City of Boynton Beach IJ1
7 conflict with any provisions of this ordinance are hereby repealed.
8
Section 7.
Should any section or provision of this Ordinance or any portion
9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
10 affect the remainder of this Ordinance.
II
Section 8.
Authority is hereby given to codify this Ordinance. The City Clerk and
] 2 editors of the Code of Ordinance are authorized to merge Section 2-126 through 2-140 of the
13 Code into the Code section titled (as amended herein) "Education and Youth Advisory Board"
]4 and to eliminate the section titled" Education Advisory Board".
]5
Section 9.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2006.
SECOND, FINAL READING AND PASSAGE this __ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor ~ Carl McKoy
Commissioner - Robert Ensler
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Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
City Clerk
(Corporate Seal)
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XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOllin
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 1,2006 (Noon)
D June 6, 2006
[8J June 20, 2006
D July 5, 2006
D July 18,2006
May 15, 2006 (Noon)
D April 4, 2006
D April 18, 2006
D May 2, 2006
D May J 6, 2006
March 20, 2006 (Noon.)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17, 2006 (Noon)
June 19,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
[8J Legal
D Unfinished Business
D Presentation
RECOMMENDATION: Adopt proposed ordinance amendment of Part III, Land Development
Regulations, Chapter 1, Article V, Impact Fees and Dedications. This will increase Impact Fees as
follows:
Type of Dwelling Unit Current Impact Fee per Proposed Impact Fee per
Dwelling Unit Dwelling Unit
Single Family, detached $940 $1,418
Single Family, attached $771 $1,045
Multi Family $656 $924
Current park impact fee formula (Attachment A)
Proposed park impact fee formula (Attachment B)
EXPLANATION: The purpose of this fee is to provide a source of revenue to fund the construction or
improvement of the City's parks necessitated by growth. It will ensure that all future residential land
development creating an impact on park and recreational facilities within the City shall bear a
proportionate share of the cost.
. The average cost per land acre to develop park property is $543,292. This is based on the
average assessed value ($312,292) of vacant parcels of two (2) acres or more (P .B. Co.
Appraiser's Office database 2005) and the average development cost per acre ($230,000),
obtained from Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., a Planning and Landscape
Architectural Consulting firm on contract with the City.
. Total Cost Per Capita (Attachment C) = $2,762.45 including land and development of facilities.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: Via resolution R06-086 the City Commission approved the Recreation & Parks
Strategic Plan, which provides a road map for future parks and recreation facilities development for the
next ten (l0) years, and mirrors the City's Capital Improvement plan during the upcoming five (5) years.
The adjusted impact fee will help fund these development activities.
FISCAL IMPACT: The current fund balance is $2,603,321.00. Future funding will be based on future
development activity.
Recreation & Parks
Department Name
~ -
y-
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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2 ORDINANCE NO. 06-
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4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING PART III, LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT
8 FEES AND DEDICATIONS, TO ESTABLISH A NEW
9 SCHEDULE OF PARK AND RECREATION
10 FACILITIES IMPACT FEE; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
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14 WHEREAS, on the City Commission adopted Ordinance 06-025 on April 4, 2006
15 and therein modified the regulations regarding park and recreation impact fees; and
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17 WHEREAS, the City has conduct a study and review of the current level of fees and
18 has made recommendations to the City Commission regarding modification of fees, based in
19 part, on the increase in property values which have occurred since the fees were last
20 established; and
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22 WHEREAS, the City Commission has considered and herby accepts and adopts the
23 administrative recommendations regarding an increase of park and recreation impact fees;
24 and,
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26 WHEREAS, the City Manager recommends the continued imposition of a park and
27 recreation facilitates impact fee to provide a source of revenue to fund the construction
28 improvements of the City park system at the modified rates hereinafter set forth; and
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30 WHEREAS, the implementation of this Ordinance will ensure that all future
31 residential land development creating an impact on park and recreational facilities within the
32 City shall bear a proportionate share of the cost of capital expenditure necessary to provide
33 such facilities in accordance with the open space and recreation element of the
34 comprehensive plan;
35
36 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
37 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
38
39
40 Section 1. The foregoing Whereas clauses are true and correct and incorporated
41 herein by this reference.
42
43 Section 2. Article V., Section 3, subsection h of the Land Development Code is
44 amended as follows:
45
S:\CA \Ordinances\LDR Changes\Park Fee Ordinance version 031706.doc
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h. IMPACT FEE AMOUNT. The established park and recreation facilities impact
fee per residential unit is as follows:
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TVlJe of Dwelling Unit Impact Fee per Dwelling
Unit
Single-family, detached $94G $1,418
Single-family, attached $-H+ $1,045
Multi-family ~ $924
Section 3.
Appendix "An, Parks and Recreation Facilities Impact Fees Formula
5 is amended as set forth in the revised Appendix attached hereto.
6
Section 4.
Each and every other provision of Chapter 26, not herein specifically
7 amended shall remain in full force and effect as previously enacted.
8
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the
9 same are hereby repealed.
10
Section 6.
Should any section or provision of this ordinance or portion hereof,
1 1 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
12 invalid, such decision shall not affect the remainder of this ordinance.
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Section 7.
Authority is hereby granted to codify said ordinance.
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Section 8.
This ordinance shall become effective immediately after passage.
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FIRST READING this _ day of
, 2006.
SECOND, FINAL READING AND PASSAGE this
day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
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Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(CORPORA TE SEAL)
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Attachment A
Current Park Impact Fee Formula
COST PER CAPITA: CALCULATIONS.
The cost per capita of park land and each type of recreational facility is calculated by
multiplying the standard park acreage and recreational facilities by the average cost per acre
or facility as follows:
The cost per capita is calculated by multiplying the standard quantity of park land and
facility by average cost per facility. The standard quantity is based on actual provision. The
land value is the average assessed value per acre of all vacant parcels within the city of more
than two (2) acres. An additional Thirty-thousand dollars ($30,000) has been added to the
average assessed value to account for basic civil and site development costs.
The table below lists the components of land and facilities that make up the City's park
system. For each component, the Table displays the City's guideline or service per capita,
the average cost per facility and calculates the capital investment cost per capita by
multiplying the standard quantity by the average cost.
COMPONENT STANDARD A VERAGE COST COST PER
PER PER FACILITY CAPITA
CAPITA
Land acres 0.004916 $173,954 $855.16
$12.40 ~._.._--~
Playgrounds 0.000248 $50,000
Basketball Courts 0.000199 $30,000 $5.97
Handball/Racquetball Courts 0.000099 $68,000 $6.73
--
Baseball/Softball Fields - Youth 0.000116 $275,000 $31.90
Baseball/Softball Fields - Adults 0.000017 $350,000 $5.95
.----
Football/Soccer Fields 0.000017 $350,000 $5.95
-~.~--~
Tennis Courts 0.000464 $40,000 $18.56
--
Shuffleboard Courts 0.000265 $15,000 $3.98
Picnic Areas 0.000167 $50,000 $8.35
Fitness Trails 0.000389 $48,000 $18.67
TOTAL COST PER CAP IT A $973.62
b. ADJUSTMENT RATE. Based on park improvement budgets over the last four fiscal
years, sixty three (63%) percent of cost of park development is anticipated to be generated
by the city, with the remaining thirty eight (37%) percent covered by funds from the trust
fund established for deposition of impact fees. In the calculation below, other revenues that
are being used to pay for new parks and recreational facilities and for improvements of
existing facilities are subtracted from the total per capita cost, as shown:
Total Investment Cost Less Credit: Percent Net Unfunded Cost
per Capita Other Revenues per Capita
$973.62 63% $360.24
c. COST PER DWELLING UNIT (IMPACT FEE) FORMULA. The cost of parks and
recreational facilities per dwelling unit is the impact fee. It is determined by multiplying
the park and recreational facility cost per person (after the credit reduction for other
revenues) by the average number of persons per dwelling unit in a given type of
structure:
Unfunded Cost
Per Capita
x
Persons per
Dwelling Unit
Impact Fee per
Dwelling Unit
Type of Net Unfunded Cost Persons per Impact Fee per
Dwelling Unit Per Capita Dwelling Unit Dwelling Unit
Single Family, $360.24 2.61 $940
detached
Single Family, $360.24 2.14 $771
attached
Multi-family $360.24 1.82 $656
The persons-per-unit numbers are currently based on the 1990 Census data.
Attachment B
Proposed Park Impact Fee Formula
COST PER CAPITA: CALCULATIONS.
The cost per capita is calculated by multiplying the standard quantity of park land and
facility by average cost per facility. The standard quantity is based on actual provision. The
land value is the average assessed value per acre of all vacant parcels within the city of 2
acres or more. Average development cost has been added to the average assessed value to
account for basic civil and site development costs.
COMPONENT STANDARD AVERAGE COST PER
PER COST PER CAPITA
CAPITA FACILITY
Land acres 0.004916 $543,292 $2,553.47
Playgrounds 0.000248 $100,000 $25.90
---
Basketball Courts 0.000199 $60,000 $11.88
--
Handball/Racquetball Courts 0.000099 $225,000 $27.44
Baseball/Softball Fields - Youth 0.000116 $595,000 $36.30
Baseball/Softball Fields - Adults 0.000017 $655,000 $39.96
Football/Soccer Fields 0.000017 $560,000 $14.00
Tennis Courts 0.000464 $60,000 $28.35
$25,000 --
Shuffleboard Courts 0.000265 $6.10
Picnic Areas 0.000167 $50,000 $16.01
Fitness Trails 0.000389 $100,000 $3.05
TOTAL COST PER CAPITA $2,762.45
b. ADJUSTMENT RATE. Based on park improvement budgets over the last five fiscal
years, eighty one (81) percent of cost of park development is anticipated to be generated by
the city, with the remaining nineteen (19) percent covered by funds from the trust fund
established for deposition of impact fees. In the calculation below, other revenues that are
being used to pay for new parks and recreational facilities and for improvements of existing
facilities are subtracted from the total per capita cost, as shown:
Total Investment Cost Less Credit: Percent Net Unfunded Cost
per Capita Other Revenues per Capita
$2,762.45 81% $525
c. COST PER DWELLING UNIT (IMPACT FEE) FORMULA. The cost of parks and
recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying
the park and recreational facility cost per person (after the credit reduction for other
revenues) by the average number of persons per dwelling unit in a given type of
structure:
Type of Net Unfunded Persons per Impact Fee per
Dwelling Unit Cost Per Dwelling Unit Dwelling Unit
Capita
Single Family, detached $525 2.70 $1,418
Single Family, attached $525 1.99 $1,045
Multi-family $525 1.76 $924
The persons-per-unit numbers are based on the 2000 Census data.
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Opinion of Probable Cost
prepared by: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
GJ# 18140.02
date: May 08 2006
project:
prepared for:
phase:
City of Boynton Beach Stategic Plan
City of Boynton Beach
*Park Facilities qua n tit i e s
~ ';'.t'W ~7%~ ~~~iPc ,,;<:-w>';$j'W.~~. ,,z~,' st; t~7;;~~7t1w;~!~k*~~w'e.J, -'it: ~", %r: ";:Fj~'~~;, ",yg~\}~,~~:JJ~~~~f"-~J, lit I C
Basketball Court - full size 84' x 50' - Price includes allowance LS $60,000 $60,000
for grading clean site and lights
40' x 20' - Price assumes
Handball/ Racquetball Court construction of two courts with one LS $225,000 $225,000
common wall and lights
Baseline 60' to 90' - Price includes
Baseball/Softball Field - adult allowance for grading clean site LS $655,000 $655,000
and lights
Baseball/Softball Field - youth LS $595.000 $595,000
195' x 360' - Price includes
F ootbalVSoccer Field allowance for grading clean site LS $560,000 $560.000
and lights
60' x 120' - Price includes
Tennis Court allowance for grading clean site LS $60,000 $60,000
and lights
Shuffleboard Court LS $25,000 $25,000
Picnic Area
Price includes basic climbing LS $100,000 $100,000
apparatus, swings, and slides.
Price includes tables/benches. One LS $50,000 $50,000
small shelter, barbeque grill
One-half mile cinder trail loop, 8' LS $100,000 $100,000
wide, 12 stations.
Playground
Fitness Trail
'Source _ The Whiting-- Turner Contracting CompanyJElecticat Design AssociateslGlatting Jackson
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. has no control over the cost of labor, materials, or equipment, the Contractor's method of determining prices or competitive bidding
or market conditions. Therefore, our opinions of probable construction costs provided for herein are made on the basis of experience and represent our best judgment as Landscape
Architects familiar with the construction industry. The firm cannot and does not guarantee that proposals, bids or the construction cost will not vary from our opinions of probable costs.
If the Owner wishes greater assurances as to the construction cost, we recommend the employment of an independent cost estimator.
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR-,.~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Ofllce Meeting Dates in to City Clerk's Ofllce
0 April 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) ~ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June] 9,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) D July] 8,2006 July 3. 2006 (Noon)
0 Administrative D Development Plans
NATURE OF 0 Consent Agenda D New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids D Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Motion to amend Code of Ordinances, Chapter 15 of the Code of Ordinances, Section 15-8.5 by
adding a new sub-section (c) entitled "generators - exemptions".
EXPLANATION:
The current ordinance restricts the decibel levels of generators due to excessive noise. If strictly
applied, it would prohibit the use of generators during times of power outage caused by natural
disaster.
City Commission has approved grant funding through the Neighborhood Services Department for
installation of generators at neighborhood clubhouses, civic organizations and faith based
organizations for emergency power use during and after natural disasters. The proposed changes will
limit the use of generators during times of emergency and for manufacturer required maintenance only.
PROGRAM IMPACT:
None
FISCAL IMPACT:
None
AL TERNA TIVES:
Do not amend the exis .
Quintus Greene,
e, thereby prohibiting the use 0 emergency generators.
Development
Department Name
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ORDINANCE NO. 06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 15 OF THE CODE OF
ORDINANCES, SECTION 15-8.5 BY ADDING A
NEW SUB-SECTION (C) ENTITLED
"GENERA TORS - EXEMPTIONS"; PROVIDING
FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the current Code of Ordinances contains restrictions on nOIse
13
enerating equipment which, if strictly applied would prohibit the use of generators during
14
imes of power outage caused by natural disasters; and
15
WHEREAS, the City Commission finds it is in the best interest of the health safety
16
and welfare of the public to allow generators to be used during periods of emergency under
17
he conditions set forth herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, THAT:
Section 1.
WHEREAS, the foregoing Whereas clauses are true and correct and
incorporated herein by this reference.
Section 2. Chapter 15, Section 15-8.5 IS hereby amended by creating a new
subsection (c) as follows:
Sec. 15-8.5. Noise Control - Prohibited Acts.
S:\CA\Ordinances\Emergency Generators - exemption.doc
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Section 3. Each and every other provIsIOn of Chapter 15, of the Code of
Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full
force and effect as previously enacted.
Section 4. AU ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed, provided that no portion of the City of Boynton Beach Noise
Control Ordinance shaU be repealed.
Section 5. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 6.
Section 7.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
, 2006.
SECOND, FINAL READING AND PASSAGE this
,2006.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
ATTEST:
City Clerk
(CORPORATE SEAL)
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Page 1 (li
Bo nton Beach, FL Code of Ordinances
PART II CODE OF ORDINANCES
Chapter 15 OFFENSES-MISCELLANEOLiS'
ARTICLE I. IN GENERAL
ARTICLE I. IN GENERAL
Sec. 15-1. Adoption of state misdemeanors.
It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be
recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden
and declared a violation of this section. Whosoever shall violate the provisions of this section, upon conviction thereof,
shall be punished by the same penalty as is provided therefor by the laws of the State of Florida, but in no case shall
such penalty exceed a fine of five hundred dollars ($500.00) or a term of imprisonment not in excess of one (I) year, or
both such fine and imprisonment. (Code I958, S 17-42.1; Ord. No. 79-33, S 1, 12-5-79; Ord. No. 80-43, S 1, 10-21-80;
Ord. No. 85-45, Attach. (b), 8-20-85)
Annotation-Adoption of state misdemeanors, including future enactments authorized, MacFarland v. Roberts, 74
So.2d 88 (Fla. 1954); Jaramillo v. City of Homestead, 322 So.2d 496 (Fla. 1975); State v. Smith, 189 So.2d 84 (Fla. 4th
DCA 1966).
Sec. 15-2. Advertising matter; unauthorized posting.
It shall be unlawful for any person to fasten, in any way, any show card, poster or other advertising device upon
public or private property in the city unless legally authorized to do so.
Sec. 15-3. Reserved.
State law reference-Section 15-3, relative to the distribution of circulars, throwaways and handbills, derived from
Ord. No. 78-45, S 1, enacted Sept. 19, 1978, was repealed by Ord. No. 82-22, S 2, adopted July 20, 1982.
Sec. 15-4. Failure to respond to lawful process.
It shall be unlawful and a violation of this Code for any person to fail to respond to or comply with any lawful
process duly authorized or issued by any board, commission or other city agency.
Sec. 15-5. Fireworks displays.
(a) Permit required Fireworks displays shall be lawful only if held and conducted in accordance with permits
issued pursuant to this section.
(b) Permit application. Application for a permit for a fireworks display shall be made in writing to the city
manager at least fifteen (15) days in advance of the date of the display.
(c) Application referral. The application for a permit hereunder shall be referred by the city manager to the chiefs
of the police and fire departments.
(d) Conditions for issuance. No permit required by this section shall be granted unless the operator is approved by
both the chiefs ofthe police and fire departments, or unless the chief of the fire department finds that the display is of
such a character and is so located, and that the fireworks will be discharged or fired, so as not to be hazardous to
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Page 2 of 13
lJroperty or endanger any person.
(e) Permits not tramferable. Fireworks display permits shall not be transferable. (Code 1958, S 17-15)
15-6. Reserved.
Editor's note-Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed S 15-6, which prohibited
misrepresentation of age by minors and use of nonminorsfor illegal purposes. Such section had been derived from the
1958 Code, S 17-24.
Sec. 15-7. Minors; secondhand or junk dealers dealing with.
lt shall be unlawful for any person licensed as a secondhand dealer, junkshop keeper, or house-to-house secondhand
buyer, or any agent, employee or servant of such licensee, to buy or accept personal property from any minor except
that such licensee may purchase rags and wastepaper from such minors. (Code 1958, S 17-27)
Sec. 15-8. Noise control-Short title.
Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise
Control Ordinance." (Ord. No. 85-16, S 2, 3-19-85)
Editor's note-Ord. No. 85-16, S S 1, 2, adopted Mar. 19, 1985, provided for the repeal of S 15-8, noise, and enacted
in lieu thereof new provisions relative to the same subject matter, designated as SS 15-8-15-8.8 to read as herein set
out. Formerly, S 15-8 was derivedfrom the 1958 Code, S 17-22.2, and Ord. No. 82-12, S 1, adopted May 18, 1982.
Sec.15-8.1. Same-Purpose and space.
. { is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of excessive and
unnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of
the City of Boynton Beach. This section shall apply to the control of all sound originating within the limits of this
jurisdiction. (Ord. No. 85-16, S 2, 3-19-85)
Note-SeeJh~~clitilr-'~J1()J~fQll()wing .~. 15-8.
Sec. 15-8.2. Same-Terminology and standards.
All terminology used in sections 15-8 through 15-8.8, not defined below, shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or its successor:
A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-
weighted network. The level so read is designated dBA.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding
demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well
pointing.
Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten
(10) of the ratio of the pressure ofthe sound measured to the reference pressure, which is twenty (20) micropascals
(twenty (20) micro- newtons per square meter).
Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-
way surfaces or similar property.
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Pai!C' n r
Emergencr. Any occurrence or sct of circumstances involving actual or cmincnt physical trauma or property
damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property
damage threatened or caused by an cmergency.
Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (I) second) in
which the sound pressure level rises very quickly to a high before decaying to the background level.
L 10 sound level. The sound level exceeded for more than ten (10) per cent of a measurement period which for the
purposes of sections 15-8 through 15-8.8 shall not be less than ten (10) minutes.
Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal
source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and
hover craft.
Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one ( I )
family.
Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or
physiological effect on humans.
Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or
welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment oflife or property, including
outdoor recreation, of a reasonable person with normal sensitivities.
Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive
activities include but are not limited to operations of schools, libraries open to public, churches, hospitals and nursiL
homes.
Person. Any individual, association, partnership or corporation, and includes any officer, employee, department
agency, or instrumentality of the United States, a state or any political subdivision of a state.
Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not
designed to carry persons, including but not limited to any model airplane, boat, car or rocket.
Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible
to the public which is owned or controlled by a governmental entity.
Public space. Any real property or structures thereon normally accessible to the public.
Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of
measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds
the arithmetic average of the sound pressure levels ofthe two (2) contiguous one-third octave bands by five (5) dB for
center frequencies of 500 Hz and above and by eight (8) dB for center frequencies between 160 and 400 Hz and by
fifteen (15) dB for center frequencies less than or equal to 115 Hz.
Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real
property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra-
building real property divisions.
Residential area. An area of land whose use is designated to provide only permanent housing and excluding all
tourist accommodations which includes but is not limited to hotels, motels, apartment hotels, etc.
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Page 4 of 13
RMS sound pressure. The square root of the time averaged square of the sound pressure.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a
IJlf'dium with internal forces. The description of sound may include any characteristic of such sound including duration,
lsity and frequency.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B,
or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in
successor publications. If the weighing employed is not indicated, the A-weighting shall apply.
Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time
averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound
pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American
National Standards Institute Publication S 1.4-1971, or its successor publications.
Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at
a given point in space, as produced by the presence of sound energy.
Sound pressure level. Twenty (20) times the logarithm to the base ten (l0) ofthe ratio of the RMS sound pressure to
the reference pressure of twenty (20) micropascals (2 x 106N/m2). The sound pressure level is denoted Lp or SPL and is
expressed in decibels.
Weekday. Any day Monday through Saturday which is not a legal holiday. (Ord. No. 85-16, S 2, 3-19-85; Ord. No.
86-3, S 1, 3-4-86)
Sec. 15-8.3. Same-Program administration.
,a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city
manager, or his designee, of the City of Boynton Beach, Florida.
(b) F or the purposes of section 15-8.8 and its enforcement, municipal employees or officials engaged in the
measurement of noise, assessing compliance with such sections, making recommendations for noise abatement, issuing
noise violations citations, or giving evidence regarding noise violations shall have received formalized training on these
subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise
control. (Ord. No. 85-16, 9 2, 3-19-85; Ord. No. 86-3, S 2, 3-4-86; Ord. No. 89-16, S 1,6-20-89)
Note-See tbe editor'SJJ9Je following_L12:-8.
Sec. 15-8.4. Same-Inspections.
Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect any private
property, place, report or records at any time when granted permission by the owner, or by some other person with
apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be
obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections
15-8 through 15-8.8 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, S
2, 3-19-85)
Note-Se.e1h~eQjlor's 119JtiollQwingjJ~-J3,
15-8.5. Noise control-Prohibited acts.
(a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued
any noise disturbances.
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(b) Specific prohihitions. The following acts, and the causing or pen11itting thercof in such a manncr as to crcate :1
noise disturbance across a residential or commcrcial rcal property linc, or within a noisc sensitive zone. or at any time
in violation of the provisions of section I 5-R.R, are hereby declared to bc a violation:
(l) Radios, television sets, and similar devices. Operating, playing or permitting the operation or playing of af
radio, television, or phonograph, which produces or rcproduces sound cither mechanically or electronically.
(2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section
15-8.6(4) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may
be physically attached to any motor vehicle.
(3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of
the city.
(4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration,
howls, barks, meows, squawks or otherwise makes sounds which create a noise disturbance.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers,
building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling,
excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section I 5-8.R, or
at any time during Sundays or legal holidays.
(7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on
real property including HV AC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its
component parts, or any other similar stationary mechanical devices and their component parts except as otherwise
exempted in section 15-8.6(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise
disturbance. (Ord. No. 85-16, S 2, 3-19-85; Ord. No. 86-3, S 3,3-4-86; Ord. No. 89-23, S 1,9-19-89; Ord. No. 91-8, S
3,2-19-91)
Note-See th~_editQ['S_DotefQllowingj 15-8.
Sec. 15-8.6. Same-Exemptions.
The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of
section 15-8.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316,
Florida Statutes, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles,
provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any
motor vehicle as prohibited by section 15-8.5(b )(2).
(2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway
locomotives and cars are exempt from these provisions.
(3) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the
public to the existence of an emergency situation.
(4) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public
assembly activities conducted pursuant to lawful authority on any public space or right-of-way, including sporting
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events.
(5) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of
d('-"estic power tools and lawn maintenance equipment.
(6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning units in residential
districts.
(7) Nonamplified solo musical instrument played by an individual within a private residence between the hours of
9:00 a.m. and 8:30 p.m.
(8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of this Section shall
not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and
welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbance across a
residential property line would not exceed those sound limits set forth in Section 15-8.8 of this Article. (Ord. No.
85-16, S 2, 3-19-85; Ord. No. 86-3, S 4, 3-4-86; Ord. No. 89-23, S 2,9-19-89; Ord. No. 01-24, 9 1,6-5-01)
Note-Se~Jhe~ditQr'~~note following 9 15-8~,
Sec. 15-8.7. Same-Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8
through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as
provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to
prosecute such offenses. Each day said violation continues shall be a separate offense. (Ord. No. 85-16, S 2, 3-19-85;
Ord. No. 86-3, S 5, 3-4-86; Ord. No. 97-51, S 2,11-18-97)
_ .ote-S~~ th~J~dit()L~JJoteiollQwing_9J2-_~.
Sec. 15-8.8. Same-Sound levels by receiving land use.
(a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated
in section 15-8.6, in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits
set forth for the receiving land use category in question for mote than ten (10) per cent of any measurement period
which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the
confines of a building within the receiving land use and as a result of a source of sound being located on some other
property .
(b) LJ 0 sound level limits. Permissible sound levels for sounds transmitted to receiving land use areas shall not
exceed the following limits for LlO sound levels as defined herein. For the purpose of these noise control provisions,
such sound levels shall be determined using FAST meter responses:
Receiving Land
Use Category
Time
LJO Sound Level
Limit (dB) A
Exterior Residential
10:00 p.m.
7:00 a.m. to
60
10:00 p.m. to
7:00 a.m.
55
Exterior Commercial
At all times
65
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Interior Residential
10:00 p.m.
7:00 a.m. to
50
10:00 p.m. to
7:00 a.m.
45
Interior Commercial
At all times
55
(c) Maximum sound level limits. The maximum sound level from any applicable sound sources shall not exceed
the L 10 sound level limits by more than the values listed below:
10 (dB) A from 7:00 p.m. to 10:00 p.m.
5 (dB) A from 10:00 p.m. to 7:00 a.m.
(d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse noise, as defined
herein, the sound level limits for LlO and maximum sound levels shall be reduced by five (5) (dB) A. (Ord. No. 85-
16, ~ 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, ~ 6,3-4-86; Ord. No. 86-14, S I, 8-19-86)
Note-Seethe editor's note following ~ 15-8.
Sec. 15-9. Obstruction of passageways.
It shall be unlawful for any person to place or erect, upon any public way or passageway to any building, an
obstruction of any type, provided this section shall not prevent the duly authorized or required placing of temporary
barriers or warning signs for the purpose of safeguarding the public.
(Code 1958, S 17-31)
Sec. 15-10. Sound control - Short title.
This section shall be known and may be cited by the short title of "City of Boynton Beach Sound Control
Ordinance. "
(Ord. No. 01-55, S 1, 11-20-01)
Sec.15-10.1. Purpose.
(a) It is the purpose of this section to preserve the peace and tranquility of residential neighborhoods by
prohibiting excessively loud sound and by requiring abatement of excessively loud sound.
(b) This section shall apply to the control of sound originating within the jurisdictional limits of the city without
regard to the content, meaning, or message of the sound. It is the express intent that enforcement of these regulations
shall be content neutral.
(Ord. No. 01-55, S 1, 11-20-01)
Sec. 15-10.2. Terminology and standards.
All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by referenc
common dictionary definition. When interpretation is required by reference to a source more definitive than this code
or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI):
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Apparent property line. The line along the surface, and its vertical plane extension, which separates one lot or
parcel of property from another.
T)ecibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten
" of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals
(twenty (20) micro-newtons per square meter).
Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property
damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property
damage threatened or caused by an emergency.
National holiday. Those annual holidays designated in 5 U.S.C. 6103.
Person. Any individual, association, partnership or corporation, and includes any officer, employee, department
agency, or instrumentality of the United States, a state or any political subdivision of a state.
Plainly audible. A sound which is capable of being heard by a human being without the assistance ofa mechanical
or electronic listening or amplifying device.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a
medium with internal forces. The description of sound may include any characteristic of such sound including duration,
intensity and frequency.
Sound disturbance. Any sound which is:
(1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from
which the sound emanates, in a single residential zoning district, or
(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible
twenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi-family
residential zoning districts.
(3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from
which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning
district.
F or purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a
survey, rather an approximation of the property line may be used taking into consideration physical landmarks such as
fences, landscaping, setbacks, driveways, or ground treatment.
Weekday. Any day Monday through Friday.
Weekend. Saturday or Sunday.
(Ord. No. 01-55, S 1,11-20-01)
~~n. 15-10.3. Administration.
The sound control program established by this section shall be administered by the City Manager, or his designee, of
the City of Boynton Beach, Florida.
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(Ord. No. 01-55, ~ 1. 11-20-(1)
Sec. IS-lOA. Inspections.
Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private
property, place, report or records at any time when granted permission by the owner, or by some other person with
apparent authority to act for the owner.
(Ord. No. 01-55, 9 1, 11-20-01)
Sec. 15-10.5. Prohibited acts.
No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein,
between the hours of 10:00 p.m. and 6:00 a.m on weekdays and between the hours of 12:00 a.m. and 7:00 a.m. on
weekends or national holidays.
(Ord. No. 01-55, S 1,11-20-01)
Sec. 15-10.6. Exemptions.
Sound emanating from the following acts and the causing or permitting thereof shall be specifically exempted from
the prohibitions of section 15-10.5.
(l) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S.
Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles.
(2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstate
railway locomotives and rail cars.
(3) Emergency activities. Any sound generated as a result of emergency work or for the purpose of alerting
the public to the existence of an emergency situation.
(4) Domestic power tools and lawn maintenance equipment. Any sound generated by the operation and use of
domestic power tools and lawn maintenance equipment.
(5) Sound generated by the operation and use of air conditioning units in residential districts.
(6) Non-amplified solo musical instrument played by an individual within a private residence.
(Ord. No. 01-55, S 1, 11-20-01)
Sec. 15-10.7. Enforcement and Penalty.
(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this
chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures
as provided by F.S. Chapter 162, Part 2; or
( c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in Wf.
case, the penalty for a violation shall be as follows:
(l) First violation - $50.00
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(2) Second violation within twelve (l2) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
'- 1 calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the
fine.
(d) A violation ofthis Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the
city, or any affected citizen may bring suit in his or her name against the person or persons causing or maintaining the
violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted
according to the terms and conditions ofF.S. Chapter 60, entitled Abatement of Nuisances.
(e) Violations of this Article may be enforceable by arrest.
(f) F or the purpose of this section, any person owning or having responsibility for management of a business
premises, however temporarily, any performer or disc jockey producing sound upon any business premises, any person
playing, producing or controlling music, or other sound, any person having control of the volume of music or sound,
and the business as named on the occupational license where the music or sound is emanating may be jointly and
severally liable for compliance with this Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or
code enforcement officer has made contact with the owner, occupant or operator of the property from which the
offending sound emanates to request abatement of the offending sound. When a request for abatement is made and the
offending sound is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or
occurs again within three (3) days, a citation or notice to appear may issue without additional request for abatement.
(
'. No. 01-55, S 1, 11-20-01)
Sec. 15-11. Stench bombs and other offensive matter.
(a) It shall be unlawful for any person in the city to throw, drop, pour, deposit or discharge upon the person or
property of another any liquid, gaseous or solid substance which is injurious to persons or property or which is
nauseous, sickening, irritating or offensive to any of the senses with intent to wrongfully injure, molest, discomfort,
discommode or coerce another in the use, management, conduct or control of his person or property; or to attempt, or
aid in the attempt or commission of any of these prohibited acts.
(b) It shall be unlawful for any person in the city to manufacture or prepare or have in his possession or under his
control, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or which
is nauseous, sickening, irritating or offensive to any of the senses with the intent to use the same in violation of
subsection (a) or with intent that the same shall be used in violation of subsection (a). The possession or control by any
person of any such liquid, gaseous or solid substance or matter shall be deemed prima facie evidence of intent to use
the same or cause the same to be used in violation of subsection (a).
(c) The prohibitions of subsections (a) and (b) above shall not apply to police officers acting in the line of duty or
to proprietors of business places or their employees using such substances for the protection of their property and their
business places when the substances referred to herein are kept solely for the purpose of repelling robbers, thieves,
murders or other law violators.
(Code 1958, S 17-43)
Sec. 15-12. Switchblade knives.
It shall be unlawful for any person to sell, offer for sale or display any knife or knives having the appearance of a
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pocket- knife, the blade of which can be opened by a flick of a button, pressure on the handle or other mechal1lcal
devices. Such knife is hereby declared to be a dangerous or deadly weapon and shall be subject to forfeiture to the city.
(Code 1958, ~ 17-44)
Sec. 15-13. Throwing stones or missiles.
It shall be unlawful for any person to throw any stone or any other missile, upon or at any vehicle, building, tree or
other public or private property, or upon or at any person in any public or private way or place or enclosed or
unenclosed ground.
(Code 1958, ~ 17-46)
Sec. 15-14. Weapons; possession or discharge.
(a) It shall be unlawful for any person within the city limits to have in his possession, except within his own
domicile, or carry, use, fire or discharge a revolver or pistol of any description, shotgun or rifle which may be used for
the explosion of cartridges, or any air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon,
commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or
projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth
above or by any other name.
(b) The prohibition of this section shall not apply to licensed shooting galleries or in private grounds or premises
under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger
persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside
the limits of such gallery, grounds or residence; and further provided that nothing herein contained shall be construed to
prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any ran"'~
or gallery or to or from an area where hunting is allowed by law.
(c) The prohibition of this section shall not be construed to forbid United States marshals, sheriffs, constables and
their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying
or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.
(Code 1958, S 17-49)
Cross reference-Possession, use of weapons in beaches, parks, ~ 16::53.
State law reference-Weapons generally, F.S. Ch. 790.
Sec. 15-15. Window peeping.
It shall be unlawful for any person to look, peep into, or be found loitering around or within view of, any window
not on his own property with the intent of watching or looking through such window.
(Code 1958, ~ 17-55)
State law reference-Loitering and prowling and prowling generally, F.S. S 856.021.
Sec. 15-16. Mandatory street numbers on all buildings.
(a) The owners and/or occupants of all properties having a building within the city limits shall install and
maintain in a conspicuous place a correct street number of sufficient size, shape and character, to be visible and
readable from the adjacent street. All existing single family and multi-family units and commercial structures shall
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}- ave exterior identification/numbering as set forth in subsections E.16 and F .13 of the Land Development Regulations
of the City of Boynton Beach, Chapter 20, Section 8, subsections E.16 and F .13.
''-1) The owner and/or occupants of any building located by the city building department or the police department
Y. Jut a number or an incorrect number shall be notified by mail that they should place the correct number on the
house within sixty (60) days after receiving notice.
(c) The terms and provisions of this section shall be applicable to all apartments, condominiums or rental units
within multifamily districts where the entrance to said unit is visible from the public right-of-way.
(d) Any person who fails to comply with the provisions of this section following the aforesaid notice shall be in
violation of the City Code.
(e) The provisions of this section shall be enforceable by a complaint initiated by any city police officer or
building department inspector and shall be prosecuted in front of the city's code compliance board.
(f) The fire department and police department with the aid of other city departments shall establish and maintain a
map of the city, reflecting the numbers on buildings herein provided.
(Ord. No. 82-15, S 1,8-3-82; Ord. No. 97-51, S 2,11-18-97; Ord. No. 04-018,93,4-7-04)
Cross reference-Code compliance board, s2:72else_q.
Sec. 15-17. Commercial establishments, after-hours operation.
(a) It shall be unlawful for any person to operate a commercial establishment, or otherwise be open for business,
out an employee on duty and physically on the premises between the hours of 10:00 p.m. and 7:00 a.m.
(b) Commercial establishments which are not contiguous to a residential zoning district or which are completely
enclosed within a building are specifically exempted from the prohibition in subsection (a).
(Ord. No. 87-42, S 1, 12-1-87)
Sec. 15-18. Graffiti.
Graffiti shall mean any message, slogan, word, symbol, or drawing made on any public or private surface without
the express permission of the owner of such surface.
(a) It shall be unlawful for any person to paint or mark any public or private property without the consent of the
respective owner of said property.
(b) It shall be unlawful for any person, firm, public agency or utility owning or acting as manager or agent for the
owner of property whether privately or publicly owned, to permit the application of or fail to remove any graffiti from
the property within thirty (30) days of receipt of notice from the city to remove such graffiti.
(c) Any person convicted of violating subsection (a) or (b) above shall be subject to penalties and fines not to
exceed five hundred dollars ($500.00).
/ d) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage
JSS caused directly or indirectly by the defendant's offense in a reasonable amount or manner to be determined by
the court.
(Ord. No. 94-08, S 1,4-5-94)
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Sec. 15-19.
Non-smoking areas.
(a) The City Commission of the City of Boynton Beach. Florida hereby recognizes and supports the legislative
intent which was the basis for the Florida Clean Indoor Air Act (F.S. ~ 386.202).
(b) The City Commission of the City of Boynton Beach, Florida does designate all indoor city facilities, including
common areas, as non-smoking areas.
(Ord. No. 98-30, 99 1,2, 8-4-98)
Secs. 15-20-15-25. Reserved.
Disclaimer:
This Cooe of Ordlnilnces cmd!or iJny otrwr cjocuments that "ppem on this site Ill:;y nct retlect the IlXlst current ieglslCltlon ;l(jopted by tile 1\1unlCIVllrty AI llenC;1I I
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XII. - LEGAL - 1st Reading
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORt".
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
D Apri] 4, 2006 March 20,2006 (Noon.) D June 6, 2006 May ]5,2006 (Noon)
D April 18,2006 Apri] 3, 2006 (Noon) !:8J June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May],2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing !:8J Legal (l'1 Reading)
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Approve Ordinance # to Enact restrictions to fishing on the Boynton Beach
Boulevard promenade area east of Federal Highway to the Intracoastal Waterway.
EXPLANATION: The CRA recently completed improvements on Boynton Beach Boulevard, east of Federal Highway to
the Intracoastal Waterway. These improvements include an extraordinary pedestrian walkway to an overlook area on the
Intracoastal Waterway. Unfortunately, the overlook has attracted the occasional fisherman. This has caused the area to
becoming messy and unsightly with fish parts. Furthermore, casting of fishing lines in a constricted space is not a safe activity
in such close proximity to other pedestrians who use the walkway to view the water. Therefore, in staff's opinion, fishing
should be restricted in this vicinity.
PROGRAM IMPACT: None
FISCAL IMPACT: Cost of signs approximately $50. Decorative signs, if desired, $100.
AL~
Public Works / Engineering
/ Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM .DOC
~
I ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMMENDING CHAPTER 15 OF THE CODE
5 OF ORDINANCES, "OFFENSES-MISCELLANEOUS," TO
6 ADD A NEW ARTICLE 11 TITLED "NO FISHING AREAS";
7 DESIGNATING THE WATERFRONT ALONG THE RIGHT
8 OF WAY OF BOYNTON BEACH BLVD AS A "NO FISHING
9 AREA"; AUTHORIZING THE DESIGNATION OF
10 ADDITIONAL "NO FISHING AREAS" BY RESOLUTION;
I I PROVIDING FOR PENAL Y FOR VIOLATION; PROVIDING
12 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission has determined that it is in the best interest of the
16 health, safety, and welfare of the citizens to prohibit fishing in certain designated areas when
17 fishing is inconsistent with other recreational uses; and
18 WHEREAS, the City Commission finds that subsequent designation of no fishing
19 areas are best handled through the adoption of a resolution.
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Ordinance upon adoption
24 hereof.
Section 2.
Chapter 15, "Offenses-Miscellaneous" IS hereby
25
26 amended to add a new Article XI titled "No Fishing Areas" to read as follows:
27 Sec. 15- 124 Fishing in areas designated as "No Fishing Areas" by the City
28 Commission and posted as such is prohibited.
29
30 Sec. 15- 125 A violation of this section of the code of ordinances In
31 punishable by a fine of$50.00.
32
33 Sec. 15- 126 The area bounded by the north right-of-way line of Boynton
S:ICA 10rdinanceslNo Fishing.doe
6/9/2006-Revised on first reading
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Beach Blvd and the south right-of-way line of Boynton Beach Blvd, where
Boynton Beach Blvd intersects with the Intracoastal Waterway is hereby
designated a "No Fishing Area." The City Commission may, by resolution,
designate additional "No Fishing Areas."
Section 3.
Each and every other provision of the Code of Ordinances not herein
8
specifically amended, shall remain in full force and effect as originally adopted.
9
Section 4.
All laws and ordinances applying to the City of Boynton Beach in
10 conflict with any provisions of this ordinance are hereby repealed.
11
Section 5.
Should any section or provision of this Ordinance or any portion
12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
13 affect the remainder of this Ordinance.
14
Section 6.
Authority is hereby given to codify this Ordinance.
15
Section 7.
This Ordinance shall become effective immediately.
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,2006.
FIRST READING this _ day of
SECOND, FINAL READING AND PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
S:\CA\Ordinances\No Fishing.doc
6/9/2006-Revised on first reading
I
2
3
4
5
6 City Clerk
7
8 (Corporate Seal)
9
ATTEST:
Commissioner - Muir C. Ferguson
S :\CA \OrdinancesINo Fishing.doc
6/9/2006-Revised on first reading
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
XII. - LEGAL
ITEM 0.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon)
D April 18,2006 April 3, 2006 (Noon) [8J June 20, 2006 June 5. 2006 (Noon)
D May 2, 2006 April ]7,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16. 2006 May I, 2006 (Noon) D July 18,2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [8J Legal - Resolution
D Bids D Unfinished Business
---.
D 0 -' -,-
Announcement Presentation .
'.. . ...~.
D City Manager's Report - ;1
.
. .
RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under:ugal-
Resolutions. Staffrecommends that this resolution be approved which accepts the dedication of a 1.59-acre conserVation _
easement in conjunction with the conditions of site plan approval for the Children's Services Council offices. c.
; . 'C-)
EXPLANATION: On August 16,2005, site plan approval was granted for the "Children's Services
Council". As this project was approved on property containing natural scrub habitat, habitat set aside and a formal
management plan were required as a condition of approval. The easement will ensure proper preservation of this preserve in
perpetuity. Please note that in accordance with the "Deed of Conversation Easement", the city (Grantee) shall not be
responsible for any costs or liabilities related to its operation or maintenance, and that the easement is for conservation
purposes only and specifically excludes any access rights of the public.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Devel ment Department Directo
6J '~'D;;;'''O' City Attorney / Fin'nce / Human R"ounoe,
S:\Planning\SHARED\WP\SPECPROJ\Resolutions\Agenda Item Request Children's Service Council 6-20-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING A DEED OF CONSERVATION
5 EASEMENT FROM CHILDREN'S SERVICES COUNCIL
6 OF PALM BEACH COUNTY, AND PROVIDING FOR AN
7 EFFECTIVE DATE.
8
9
10 WHEREAS, on August 16, 2005, site plan approval was granted for the Children's
11 Services Council on property containing natural scrub habitat; and
12 WHEREAS, the purpose of this Easement is to ensure proper preservation of this
13 preserve in perpetuity; and
14 WHEREAS, the City Commission upon recommendation of staff, deems it
15 appropriate to accept the Deed of Conservation Easement from Children's Services Council of
16 Palm Beach County.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confim1ed as
20
eing true and correct and are hereby made a specific part of this Resolution upon adoption
21
22
Section 2.
The City Commission of the City of Boynton Beach, Florida does
23
ereby accept the Deed of Conservation Easement from Children's Services Council of Palm
27
24
each County.
Section 3.
That this Deed of Conservation Easement will be recorded in the Public
25
26 ecords of Palm Beach County, Florida.
Section 4.
This Resolution shall become effective immediately upon passage.
:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement - Childrens Services Council.doc
1
2 PASSED AND ADOPTED this _ day of June, 2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor ~ Jerry Taylor
8
9
10 Vice Mayor - Carl McKoy
11
12
13 Commissioner - Robert Ensler
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Muir C. Ferguson
20
21 ATTEST:
22
23
24 City Clerk
25
26 (Corporate Seal)
27
S:\CA \RESO\Agreements\UtiIities\Deed of Conservation Easement - Childrens Services Council.doc
P~ared by, record and return to:
Ptter L. Breton, Esq.
Mlyle, Flanigan, Katz, Raymond,
~te & Krasker, P.A.
625 N. Flagler Drive, 9th Floor
West Palm Beach, FL 33401
DEED OF CONSERVATION EASEMENT
TIITS DEED OF CONSERVATION EASEMENT is given this day of
, 2006, by CHILDREN'S SERVICES COUNCIL OF PALM BEACH
CDUNTY, a political subdivision of the State of Florida, with an address if 1919 N. Flagler Drive,
VJest Palm Beach, Florida 33407 ("Grantor") to the CITY OF BOYNTON BEACH with an address
oj 100 E. Boynton Beach Boulevard, Post Office Box 310, Boynton Beach, Florida 33435
("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns
oithe Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term
Gantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County,
Florida, and more specifically described in ExJ:ribit "A" attached hereto and incorporated herein
(''Property''); and
WHEREAS, the Grantor desires to construct an office building ("Project") at a site in
BDynton Beach, Palm Beach County, which is subject to the regulatory jurisdiction of the CITY OF
BOYNTON BEACH ("City"); and
WHEREAS, City Permit No. ("Permit") authorizes certain activities
which affect land under the regulatory authority of the City in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands under the City's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable
to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section
704.06, Florida Statutes, over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate
the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other
good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor
hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the
Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall
remain in full force and effect forever.
1
0:\03249\ 17\Deed of Conservation Easement.doc
Tbe scope, nature, and character of this Conservation Easement shall be as follows:
1. It is the purpose ofthis Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such
areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in the Conservation Easement which are to be enhanced or created pursuant to the
Management Plan ("Planlt) described in Exhibit "B" attached hereto and incorporated herein
shall be retained and maintained in the enhanced or created conditions required by the Plan.
2.
To carry out this purpose, the following rights are conveyed to the Grantee by this Easement:
a. To enter upon the Property at reasonable times with any necessary equipment or
vehicles to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment ofthe Property by Grantor at the time of
such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservation Easement and to enforce the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use.
Except for restoration, creation, enhancement, maintenance and monitoring activities, or
I
surface water management improvements, which are permitted or required by the Plan, the
following activities are prohibited in or on the Property:
a.
Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
b.
Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
c.
Removal or destruction of trees, shrubs, or other vegetation, except for the removal
of exotic or nuisance vegetation in accordance with the Plan;
d.
Excavation, dredging, or removal ofloam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e.
Surface use except for purposes that permit the land or water area to remain in its
natural condition;
f.
Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation including, but not limited
to, ditching, diking and fencing;
g.
Acts or uses detrimental to such aforementioned retention of land or water areas'
,
G:\03249\17\Deed of Conservation Easementdoc
2
h. Acts or uses which are detrimental to the preservation of any features or aspects of
the property having historical or archaeological significance.
3. Grantor rese:r,-ves all rights as owner of the Property, including the right to engage in uses of
the Property that are not prohibited herein and which are not inconsistent with any City rule,
criteria, permit and the intent and purposes of this Conservation Easement.
4. No right of access by the general public to any portion of the Property is conveyed by this.
Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or
maintenance of the Property.
6. Grantor shall pay any and all applicable real property taxes and assessments, if any, levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions
of this Conservation Easement shall be borne by and recoverable against the nonprevailing
party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be
at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise
its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or
construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this Conservation Easement exclusively for conservation purposes.
Grantee will not assign its rights and obligations under this Conservation Easement except to
another organization qualified to hold such interests under the applicable state laws.
1 (). If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby, as long as the purpose of the Conservation Easement
is preserved.
It. Grantor shall insert the terms and restrictions of this Conservation Easement in any
subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Property.
12. All notices, consents, approvals or other communications hereunder shall be in writing and
shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor-in-interest.
13. This Conservation Easement may be amended, altered, released or revoked only by written
Agreement between the parties hereto or their heirs, assigns or successors-in-interest, which
shall be filed in the public records of Palm Beach County.
3
G:\03249\17\Deed of Conservation Easement.doc
TO HA VB AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in
fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the tenns
of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has
good right and lawful authority to convey this Conservation Easement; and that it hereby fully
warrants and defends the title to the Conservation Easement hereby conveyed against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set is authorized hand this ILP*' day
of MA y , 2006.
T.HE CHll.-DREN'S SERVICE COUNCIL OF
PALM BEACH COUNTY,
a political subdivision of the State of Florida
Signed, sealed and delivered
in our presence as witnesses:
Print Name: D~oeAJ.\ -rA-rvNE:1n
~
Print Name. Jrol C~~t>4-
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
On this I" CjI, day of , 2006 before me, the undersigned notary
public, personally appeared Dari Bowman, ersonally known to me to be the person who subscribed
to the foregoing instrument and did not take an oath, as Chair of the CHll.-DREN'S SERVICES
COUNCIL OF PALM BEACH COUNTY, and acknowledge that she executed the same on behalf of
said political subdivision of the State of Florida and that she was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
N~tfJOFFWRIDA
Pint Name: V") ~
My Commission Expires:
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4
C:\Documents and Seltings\Deb\Local Senings\Temporary Internet Files\OLK63\Deed of Conservation Easement.doc
EXHIBIT "A"
PROPERTY
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EXHIBIT "B"
MANAGEMENT PLAN
EXHIBIT "A"
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EXHffiIT "B"
MANAGEMENT PLAN
Childrens Services Council
Preservation Area Management Plan
IECBVED
APR 2 5 2006
atILDREtf$ SERViceS
JOB # 3-70016
!
Prepared by: Seminole Bay land Company, Inc.
PRESERVE MANAGEMENT PLAN
for
Children's Services Council
High Ridge Road
Boynton Beach, Florida
1.
Statement of Obiectives:
- -
The goal of the preserve management plan shall be to ensure the continued health, viability and
integrity of the native vegetation and native ecosystem located within the native preservation
areas on the project site through long term maintenance, monitoring and protection. The
vegetation on the site provides a native ecosystem consisting largely of Sand Pine
ridge/Coniferous Forest (FLUCCS Code 410) with mature, hurricane damaged canopy and
limited understory diversity. The management of the preservation areas shall be the
responsibility of the Children's Services Council, in perpetuity.
The primary objectives shall be:
1. Maintain existing plant communities.
2. Create a viable understory vegetation community and second generation of Sand Pine.
3. Continual removal of prohibited species and non-native invasive species.
4. Continual removal and protection from debris, litter and pollutants.
5. Continual protection from abusive pedestrian and site related activities.
Native Preservation Areas have been required by the City of Boynton Beach and consist of
approximately 1.24 acres (53,948 Sq. Ft.) and 0.35 acres (15,290 Sq. Ft.). The first Preservation
Area is located adjacent to the east right of way of High Ridge Road and comprises the entire
north-south width of the property and continues one hundred thirty four feet (134 ft.) of depth
into the property in an easterly direction. The second Preservation Area is located along the east
property line of the project site and extends for the entire length of the property line with a width
of thirty eight feet (38 Ft.) at the northern end and twenty feet (20 Ft.) at the southern end. (See
attached Landscape Plan)
The Landscape Plan also identifies the landscape buffers as areas of native preservation and
protection. However, during clearing and transplanting operations, it was confirmed that no
native vegetation exists in these areas and an utility easement runs through the entire width and
length of the southern landscape buffer. The continuing maintenance of this easement has
precluded the growth of any desirable native vegetation.
II Site Description:
The Childrens Services Council project site is an approximate 6.5 acre site situated on an inland
dune system which defines the highland ridge for this section of Palm Beach County. The
project site is located at the northeast corner of High Ridge Road and Gateway Boulevard,
immediately west of Interstate 95 and within the municipal boundaries of the City of Boynton
Beach. The project is located within the confines of the Quantum Business Park.
Immediately adjacent to the west of the site is High Ridge Road a four lane boulevard with
substantial commercial and residential traffic. To the east of the site are the Florida East Coast
Railroad tracks which also serve as the conduit for the Tri-Rail commuter rail system.
Immediately east of the railroad tracks is Interstate 95. To the south of the site is Gateway
Boulevard, which at this point is raised approximately 25 to 30 feet above the site though bridge
embankment to cross the Interstate. To the north of the site is the Tri-rail commuter station with
associated parking lot, bus terminal and other facilities.
Also of note is the existence of Florida Power and Light overhead utility lines near and running
parallel to the east property line and located approximately fifty feet (50 ft.) within the property.
Present and Historic Vefetation Communities:
The site is composed of two ecosystems, Sand Pine Ridge Community (FLUCCS 413) and Pine
Flatwoods (FLUCCS 411) dominated by severely hurricane damaged Slash Pine (Pinus elliottii)
and Sand Pine (Pinus clausa). The understory consists of Live Oak (Quercus virginiana), Scrub
Oak (Quercus geminata), Chapman Oak (Quercus chapmanii), Red Bay (Persia borbonia), Saw
Palmetto (Serenoa repens), Rosemary (Ceratiola ericiodes), Deer Moss (Cladonia spp.),
Staggerbush (Lyonia ferruginea) and Tallow-wood (Ximenia americana). The understory is
dominated in some areas with large stands of Saw Palmetto while other areas have scattered
individual specimens. There is little infestation within the interior ofthe site with Brazilian
Pepper, while the edges are almost continuously surrounded with this plant. There are no
Australian Pine or Melaleucas found on the site.
There is little to no evidence of a second generation of Sand or Slash Pine being generated on
the site, but this is largely due to the location of intense development on all sides of the property
where such regeneration would naturally exist. The significant Pine canopy cover of the site is a
contributing factor in reducing or eliminating regeneration within the project site.
The project site was considered a "pristine" Sand Pine forest prior to the hurricanes of 2004 and
2005 which devastated the center of this forest and eliminated many of the tallest trees. The
subsequent reduction of overhead tree canopy has resulted in internal infestation of the site with
Brazilian Pepper.
No evidence of seasonal or historic flooding is present on the site. The existing slope of the land
and the fine "sugar sand" provide superior drainage of this area which has not been diminished
by surrounding development.
surrounding properties to the south have utilized strong native planting concepts inc~rporati~g
Slash Pines, Saw palmetto and Live Oak. Development to the west of the sIte IS pen 109 an
intensely utilized roadways lay to the east and south of the sIte.
The areas set aside for Native Preserves include strong central areas of existing Sand and Slash
Pine with Oak and Saw Palmetto understory with surrounding edge areas wluch have beeo
utilized for relocation of native plant materials from other parts of the sIte.
General Ve~etation Tvpes on Site:
Slash Pine
Sand Pine
Live Oak
Scrub Oak
Chapman Oak
Red Bay
Saw Palmetto
Rosemary
Deer Moss
Staggerbush
Tallow-wood
Soil Tvpes:
(Pinus elliottii)
(Pinus clausa)
(Quercus virginiana)
(Quercus geminata)
(Quercus chapmanii)
(Persia borbonia)
(Serenoa repens)
(Ceratiola ericiodes)
(Cladonia spp.)
(Lyonia ferruginea)
(Ximenia americana)
The predominant soils on the project site are SI. Lucie series and Urban soils. St Lucie series are
generally found on the coastal ridge and other elevated knolls in the f1atwoods. They are
excessively drained, very rapidly permeable soils that formed in thick deposits of marine or
eolian soils. Generally these soils are gray in color to three inches depth and white below that
level.
Hydrolovic Conditions:
No evidence of seasonal or historic flooding was observed on the site. Additionally, no wetlands
or transitional wetland species were identified. The site drains from the west towards the east,
then to adjacent roadways and railroad rights of way. Surrounding development does not appear
to have affected the drainage characteristics ofthe site, largely due to the distinct topography and
well drained sands found on the site.
Exotic and Invasive Soecies:
Invasive vegetation on the site appears to be limited to Brazilian Pepper (Schinus terebinthifo'
and Schefllera (Brassaia actinophylla). The Brazilian pepper is largely concentrated along I'
edges of the property where the existing tree canopy has been disturbed or eliminated by
surrounding development, largely of roadways. All existing invasive vegetation shall be removed
from the site during and following construction.
Specimen Trees:
Numerous Slash Pine and Sand Pine trees across the site will meet the definition of Specimen
Tree as defined by Palm Beach County's Unified Land Development Code and local arborists.
The strategy for preserving the best and most specimen trees was to place the Preservation Areas
where the largest concentrations of these trees were located. The entire Preservation Areas were
protected by barricade fencing during the clearing and vegetation relocation process and are now
secured by continuous barricading and silt fence along all Preservation Area boundaries.
Listed Plants or Animals:
No listed plants or animals were observed on site before or during clearing and vegetation
relocation operations.
III. Construction Phase:
1. Barricading of Preserve Boundaries:
Continuous construction fencinglbarricade has been be placed along the entire perimeter of the
Preservation Areas on both sides of the project site. In addition to the barricading which is bright
orange plastic mesh attached to 2x4 stakes, a silt fence has been placed on those sides which may
be subject to erosion.
All removal of invasive vegetation within the Preserve Areas has been done by hand with limited
follow-up use of herbicides to prevent re-emergence of unwanted invasive vegetation.
Herbicides were selected that had a reduced potential for impact to adjacent native species. All
herbicide use was done by Florida licensed applicators.
With the exception of equipment used for transplanting, no machinery has been allowed within
the Preservation Areas. Additionally, as each portion of the Preservation Area was planted with
relocated vegetation with tree-spade equipment, that part of the Preserve was fenced off to
protect it form continuing operations.
2. Proposed Clearing Activity Methodologies/Schedule:
Clearing of the site took place following identification an fencing of the Preservation Areas and
identification/flagging of all desirable native vegetation to be relocated. Meetings were held with
the City EnvironmentalistJForester at each of these steps and sign-offs were secured for record
keeping and approval/compliance purposes.
The schedule of events took place as follows:
A. All primary vegetation protection fences shall be installed per Landscape Architect.
B. All trees and vegetation to be relocated shall be tagged and/or flagged with labels and
noted on inventory forms.
C. All trees to be removed and mitigated shall be flagged with colored survey ribbon.
D. The Landscape Architect will meet with the City Forester to verify flagging and inventory.
E. Begin selective Clearing of the relocation areas per Landscape Architect's direction.
F. Meet with City Forester to review clearing and proposed grading of relocation areas.
G. Install temporary irrigation system in relocation/mitigation areas.
H. Begin transplanting of vegetation to relocation areas.
1. Prepare mitigation plan for vegetation to be removed and replaced.
J. Secure approval from City and begin mitigation planting.
K. Final inspection of landscape, relocation/mitigation planting and remove primary
barricades.
M. Install final barricades and fencing of Preservation Areas.
N. Clear and grub remaining "developable" areas of site.
0. Landscape Architect provides Certification Letter for relocation/mitigation work.
3. Long Term Viability of Relocated/Mitigated Vegetation
All relocated and mitigated vegetation shall be subject to the replacement warranties and
conditions applicable to all landscape materials on site. Any mitigated or relocated vegetation
that dies or seriously declines in health shall be replaced with vegetation of the same size, quality
and species. The Preservation Areas shall be kept free of invasive weeds and plants which may
affect the health of relocated and mitigated vegetation.
4. Prohibited Activities
Within the Preservation Areas, during and after construction, there shall be no intrusion of any
vehicles or equipment, machinery or storage of materials. Additionally, there shall be no
dumping or storing of materials, chemicals or waste water. The Preservation Areas shall not be
used for parking of any kind nor shall they be as a staging or activity area. In summary, no
activities which may disturb the vegetation or wildlife shall be permitted within the Preservation
Area boundaries.
5. Prohibited and Invasive Non-Native Species Removal and Control
All prohibited and invasive non-native plants shall be removed from the entire project area
including the Preservation Areas and Landscape Buffers prior to Certificate of Occupancy. Hand
clearing shall be the only method of invasive plant removal utilized within the Preservation Area
boundaries and within the dripline of trees scheduled for preservation. Chemicals shall be used
as needed and permitted to prevent re-emergence of unwanted species. No use of heavy
equipment shall be allowed in the Preservation Areas. All chemicals shall be applied by a Florida
licensed applicator.
The Preservation Areas shall be monitored quarterly in perpetuity for re-emergence of prohibited
and non-native invasive species. All new growth shall be hand removed or chemically treated. If
prohibited or non-native species invasion continues to be a problem, new eradication techniques
will be implemented in coordination with the City of Boynton Beach. The project area, including
Preservation Areas and landscape buffers shall be monitored quarterly and maintained free of
prohibited and non-native invasive plant materials in perpetuity.
A combination of mechanical, manual (by hand), and chemical methods will be utilized,
dependent upon the species to be removed. No heavy machinery will be used within Preservation
Areas. All herbicides shall be used in strict accordance with EP A and/or special use labeling.
Potential herbicides, such as (but not limited to), Garlon 3A, Garlon 4, Roundup and Rodeo may
be utilized. Herbicides will be selected that have a reduced potential for impact to surrounding
native vegetation. Seedlings, where possible, will be removed by hand. Herbicide treatments
shall be performed by a Florida licensed applicator.
Vegetation and debris removed shall be disposed of in accordance with all applicable local, State
and Federal guidelines.
6. Drainage and Erosion Control
A. Existing Topography:
The project site slope from the west towards the east approximately 16 feet. The site is
surrounded on two sides by roads which have steep adjacent slopes which may be cause for
erosion on and onto the site. While the soils are highly pervious drained sands, the steepness of
the slopes will still be subject to erosion once the grassy groundcover is disturbed by construction
and vegetation relocation operations.
B. Proposed Drainage and Erosion Control:
Erosion control methods shall consist of erosion control fabric fences being installed immediately
adjacent to roadways abutting the project site, tops of slopes and bottoms of slopes to prevent
erosion and erosion "silting" of plants existing at the bottoms of slopes. Where "wash-outs"
occur, the Contractor shall be responsible for repair and additional silt fence installation. All silt
screens, fences and other devices or materials used to control erosion shall be removed at time of
Certificate of Occupancy, unless otherwise determined by the Project Landscape Architect or
Engineer.
FAILURE TO COMPLY WITH THESE GUIDELINES DURING CONSTRUCTION SHALL
BE CONSIDERED A VIOLATION OF THE VEGETA TION RELOCATIONIREMOVAL
PERMIT AND APPROVED PRESERVATION AREA MANAGEMENT PLAN. FURTHER
WORK ON THE PROJECT MA Y BE STOPPED UNTIL COMPLIANCE WITH THE
GUIDELINES OF THE APPROVED PRESERVATION MANAGEMENT PLAN HAS BEEN
ACHIEVED.
IV. Long Term Maintenance:
I. PrQposed Manafement Methodolo,;es:
Long Term Maintenance and Monitoring:
Monitoring for prohibited and invasive non-native plant species shall be conducted quarterly for
the first year, bi-annually for the second year and annually thereafter in perpetuity. This
monitoring shall be conducted by the Owner or a qualified biologist or landscape architect.
It shall be the responsibility of the Project Owner to maintain the Preservation Areas free of
prohibited and invasive non-native plant species in perpetuity.
Management techniques shall be utilized primarily to remove prohibited and non-native plant
species, as well as trash and debris from Preservation Areas. Additionally, the Project Owner
shall be required to utilize such means as are necessary to ensure that there is no vehicle,
pedestrian or other intrusions into the Preservation Areas which would result in damage to the
plant or wildlife.
Routine management methods/maintenance shall consist of the following items:
A) Trash and debris shall be removed manually from the Preservation Areas and
placement of such shall not be permitted. Removal of trash and debris shall be
done on a quarterly basis at a minimum or as needed, in perpetuity.
B)
NOTE:
C)
. . shaH be done manually on
\ f hibited and non-native invaswe specIes
Remova 0 pro .
a quarterly basis, in perpetUlty.
. h n be prohibited and prevented by
Encroachment into the PreservatiOn Areas s a
utilizing the following:
. Chain Link Fencing where the Preservation Areas abut parking.
* S' sting the area as a PreservatIon Area. .'
. ~::i::ed education of employees and others regardmg 'ffijlOrlance of
Preservation Areas and minimizing Impact to the same.
If edestrian intrusion from neighboring uses, especially the Tri-Rail facility,
a:' determined to be the cause of alteration. deterioration or ~amage to the
Preservation Areas, additional fencing requirements may be Imposed.
2. Methods or Invasive and Non-Nanve Exotic Ve emtion Control'
The project area, including Preservation Areas and Landscape Buffers shall he monitored
quarterly and maintained free of prohibited and non-native invasive plant species in perpetuity.
A combination of mechanical, manual (by hand), and chemical methods will be utilized,
dependent upon the species to be removed. No heavy machinery will be used within Preservation
Areas. All herbicides shall be used in strict accordance with EPA and/or special use labeling.
Potential herbicides, such as (but not limited to), Garlon 3A, Garlon 4, Roundup and Rodeo may
be utilized. Herbicides will be selected that have a reduced potential for impact to surrounding
native vegetation. Seedlings, where possible, will be removed by hand. Herbicide treatments
shall be performed by a Florida licensed applicator.
Vegetation and debris removed shall be disposed of in accordance with all applicable local, State
and Federal guidelines.
3. Prohibited Activities:
Mowing, weed-eating, sodding, trimming, fertilization, permanent irrigation. dumping, grubbing,
or any other alteration which will adversely impact the Preservation Areas shall not be permitted.
Additionally, there shall be no use or storage of vehicles, storage of materials,
recreational/playground equipment, man-made structures or animals within the Preservation
Areas. Any activity or item which may degrade or alter the Preservation Areas shall not be
permitted.
4. ProJJosed Uses:
The Preservation Areas on site are not planned for any types of activities within their boundaries.
If at a future time a mulch path and/or other passive recreational activities are conceived for this
area, appropriate written permission shall be first obtained from the City of Boynton Beach
subject to whatever permitting procedures they may require.
5. Draina!!e and Erosion Control:
Erosion control methods shall be utilized during construction to ensure no negative impacts to the
Preservation Areas or surrounding environment. Typical methods of control shall mc\ude, but are
not limited to, silt fabrics and fences, hay bales and geotextile fabrics. Hay bales shall be located
and staked at critical areas of outfall or flow and where problems may develop during
construction. The goal of silt screens and fences shall be to control and prevent the floW of
sediments into the Preservation Areas. All silt screens, hay bales and other materials or devices
used to control erosion during construction shall be removed at the time of issuance of the
Certificate of Occupancy unless otherwise directed by the Project Landscape Architect or
Engineer.
Post development stormwater runoff shall be directed away from the Preservation Areas and
Landscape Buffers to the extent that they will provide excess water or be the cause of erosion.
Swales, bermS and other constructed drainage structures shall be designed and used in the grading
of surrounding features such as parking lots, sidewalks, roads and activity areas to direct
stormwater away from the Preservation Areas. It is important to maintain some level of
stormwater flow into these areas, as they have historically flowed, or it may begin to transition to
adifferent type of ecosystem.
Parking and drive areas shall be sloped away from the Preservation Areas and the use of pipes
and inlets shall be considered where stormwater impact could have a negative effect on native
plants and environment. The Preservation Areas shall not be used for water retention or
conveyance or excessive discharge of stormwater. Post-construction runoff into the Preservation
Areas shall not exceed pre-construction conditions.
J;: Conclusions:
1. Affidavit of Responsibility:
The developers/Owners of the property, Childrens Services Council, shall be responsible for
carrying out the duties described in the approved Preservation Area Management Plan. Transfer
of ownership from the developer/owner to any other party shall include the tranSfer of the rights
and responsibilities associated with the approved Preservation Area Management Plan.
The legally deeded property owners shall maintain responsibility for the Preservation Areas in
perpetuity.
property which changes ownership is subject to disclosure laws notifying the new owners of this
Preservation Area Management Plan and any outstanding cude enforcement issues. Results of
code enforcement violations will be assumed by the owner of the property on which the violation
occur. Failure to disclose in writing the existence and nature of a proceeding to the prospective
transferee creates a rebuttable presumption of fraud.
Failure to comply with these guidelines will be considered a violation of the permit and approved
05/19/2~05 14:15
5514933054
SEMINOLE BAY LAND CO
PAGE 03/03
Pi'eServation Area Management Plan. Further work OD. the project may be stopped until
compliance with the guidelines of the approved Preservation Area Management Plan is achieved.
The City of .Boynton Beach shall have the right to enforce the provisions of the Preservation
Management Plan through any available administrative or civil proceeding which may result in
pE"naJties. Appropriate re-vegetation and other remedies may be required of any person,
c(.rporation or other entity found in violation of any provisions of the approved Preservation Area
Management Plan.
J'~WpendixlExhibits:
1. Location Map
2. > \eriaJ Photograph/M.ap
3. II ,. :I 17" Site Plan
4. J...Iist of Native Species found on Site
5. List or .Exotie and Non-Native .lnvasive Species found on Site
6. Color Photograpbs of Typical Vegetation found on Site
7. West Preservation Area Photographic KeylMap
8. Photographs of West Preservation Area
9. East Preservation Areil Photographic KeylMap
10. Photographs of East Preservation Area
11 '. Vegetation Barricade Detail
12. Vegetation Relocation and Mitigation Summary
~ LOCATION MAP
\.!EJ NO SCALE
LANTANA Road
HYPOLUXO Road
PROJECT
SITE
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GATEWAY Blvd.
GATEWAY Blvd.
PROJECT INTRODUCTION
The project site is located at the Northeast corner of Gateway Boulevard and High Ridge Road in
Boynton Beach, Florida. Representing a remaining fragment of an interior dune system, the site is covered
with scattered Sand Pine (Pinus clausa) and limited Slash Pine (Pinus ellotti) in 0 xeric environment built
upon "sugar sand. with Deer Moss, Scrub Oak, Chapman Oak, Saw Palmetto and Wire Grass, Invosive
vegetation dominates disturbed edges of the site to a typicol depth of 30 feet along High Ridge Road and
the Tri-Rail Access Road. Umited desireable native vegetation exists within these fringe areas.
Within the main body of the site. Sand Pines dominate the environment providing a canopy that
shades the understory and limits the density of Saw Palmetto and other typical understory shrubs. Only
one Wax Myrtle was discovered within the interior of the site, but significant arealS of Chapman Oak and
Scrub Oak were observed. These areas of Oak were much denser where openings in the Pine canopy
provided .clf.l(]rings. where sunlight reached the forest floor.
No evidence of gopher tortoise activity was present within the areas surveyed, nor were any
endangered, or listed species of plants or animals observed on ony of the four site visits.
Aerial Photograph of Site
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Scheffiera
Childrens Services Council
Native Plant Species found on Site:
(Pinus elliottii)
(Pinus clausa)
(Quercus virginiana)
(Quercus geminata)
(Quercus chapmanii)
(Persia borbonia)
(Serenoa repens)
(Ceratiola ericiodes)
(Cladonia spp.)
(Lyonia ferruginea)
(Ximenia americana)
Invasive. Exotic and Non-Native Invasive Species found on Site:
Schinus terebinthifolius
Syzygium cumini
Brassaia actinophylla
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05/19/2j06 14:16 5614933064
SEMINOLE BAY LAND CO
PAGE 02/03
Exhibit #12
Childrens Services Council
Vegetation Relocation and Mitigation Summary
May 15,2006
; 51 Trees required. to be Transplanted (totaling 530 caliper inches=average 2.1 Cal inch/tree)
183 Trees actually Transplanted (at 2.1 inches/treET"384.3 Total)
Iteficiency of 145_7 inches of caliper to be mitigated.
1 02 Saw Palmetto required to be transplanted
1.25 Saw Palmetto actually Transplanted
1\ '0 deficiency of Saw Palmetto to be mitigated.
350 Sand Pine (1 Gal. Con.tainers@ 118" CaI.) = 43.75 caliper inches
11)1.95 Caliper inches of Pines still to be mitigated (815.6 additional container Pines to be
pi anted)
R, ~port Prepared by: David Keir, Landscape Architect
Seminole Bay Land Company. Inc.
p:q
PARAMOUNT ENGINEERING GROUP
SKETCH AND LEGAL DESCRIPTION OF TWO PRESERVATION AREA
EASEMENTS IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.8 P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNlY
02 Clint Moore Road, Suite 142. Boca Raton, FL 33487 PROJECT:
Telephone: (561)989-2280 Fax: (561)989-2284 3220-PRES ESMT
State of Florida Certificate of Authorization No. LB3353
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POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
ORB = OFFICIAL RECORD BOOK
PB = PLAT BOOK
PG = PAGE
P.B.C.R. = PALM BEACH COUNTY RECORDS
SEC = SECTION
TWP = TOWNSHIP
RGE = RANGE
Cl = CENTER LINE
DRA\JN BY,
REVISIONS
m S CHECKED BY,
DATE
ms
BY
SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A LAND SURVEY
DATE:
SHEET:
OS/23/06
1 OF 3
SECTION 16 &. 17
T\.!P. 45 S., RGE. 43 E,
CITY OF BOYNTONN BEACH
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LOCATION MAP
SURVEYOR'S NOTES:
1. NO TITLE RESEARCH HAS BEEN CONDUCTED BY THIS FIRM INTO POTENTIAL
CONFLICTS WITH EASEMENTS. RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS
OF RECORD.
2. LIMITS OF THE PRESERVATION AREAS SHOWN HEREON WERE DETERMINED
FROM FIELD LOCATIONS OF AREAS MARKED AND DESIGNATED BY OTHERS.
PREPARED FOR AND CERTIFIED TO:
STILES CONSTRUCTION COMPANY
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH AS SHOWN
HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SUBJ 0 NO AN ON SHOWN HEREON.
DATE: tJfZ;0G/O&
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SHEET 1 OF 3
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D ARAMOUNT ENGINEERING GROUP
SKETCH OF LEGAL DESCRIPTION OF TWO PRESERVATION AREA
EASEMENTS IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.8 P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY
J2 Clint Moore Road, Suite 142, Boca Raton, FL 33487 PROJECT: DATE:
Telephone: (561 )989-2280 Fax: (561 )989-2284 3220-PRES ESMT
State of Florida Certificate of Authorization No. LB3353 C.S.X. RAILROAD
~ (SECTION 93220-2403 FDOT R/W MAP)
SCALE= 100' RAILROAD R/W LINE. EAST LINE
LOT 91 & PLAT LIMITS
NOO.30'27"W
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PRESERVATION AREA EASEMENT NO.
12,570 Sq. Ft., More Or Less
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WEST LINE LOT 91
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(lllACT .C. P.B. 57. PC. 196. P.B.C.R.)
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LEGAL DESCRIPTION
T A LAND SURVEY
SHEET 2 OF 3
~
PARAMOUNT ENGINEERING GROUP
LEGAL DESCRIPTION OF TWO PRESERVATION AREA EASEMENTS
IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.8, P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF THE PALM BEACHES
J2 Clint Moore Road, Suite 142, Boca Raton, FL 33487 PROJECT: I DATE:
Telephone: (561 )989-2280 Fax: (561 )989-2284 3220-PRES ESMT OS/23/06
State of Florida Certificate of Authorization No. LB3353
I SHEET:
3 OF 3
TWO PRESERVATION AREA EASEMENTS LYING IN LOT 91, QUANTUM PARK AT BOYNTON
BEACH, P.LD. PLAT NO.8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 57 ON PAGE 196 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID EASEMENTS, ALSO, BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, SAID PRESERVATION AREA
EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PRESERVATION AREA EASEMENT NO.1:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 91, QUANTUM PARK AT
BOYNTON BEACH, P.LD. PLAT NO. 8 (NOTE: THE BEARINGS RECITED HEREIN ARE
RELATIVE TO THE QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.8 BEARING
DATUM WITH THE SOUTH LINE OF SAID LOT 91 HAVING A BEARING OF S89.57'03"W)
THENCE S89'57'03"W, ALONG THE SOUTH LINE OF SAID LOT 91 SAID SOUTH LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF N.W. 22ND AVE. NOW KNOWN AS
GATEWAY BOULEVARD, A DISTANCE OF 31.00 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PRESERVATION AREA EASEMENT NO.1; THENCE N06.32'15"E,
DEPARTING SAID SOUTH LINE, A DISTANCE OF 252.75 FEET TO THE INTERSECTION WITH
THE EAST LINE OF SAID LOT 91; THENCE NOO'30'27"W, ALONG SAID EAST LINE OF LOT
91, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 91;
THENCE S86'35'25"W, ALONG THE NORTH LINE OF SAID LOT 91, A DISTANCE OF 31.24
FEET; THENCE SOO.53'23"W, DEPARTING SAID NORTH LINE, A DISTANCE OF 448.21
FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 91; THENCE
N89.57'03"E, ALONG SAID SOUTH LINE OF LOT 91, A DISTANCE OF 11.13 FEET TO THE
POINT OF BEGINNING.
CONTAINING 12,570 SQUARE FEET, MORE OR LESS.
PRESERVATION AREA EASEMENT NO.2:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 91, QUANTUM PARK AT
BOYNTON BEACH, P.LD. PLAT NO. 8 (NOTE: THE BEARINGS RECITED HEREIN ARE
RELATIVE TO THE QUANTUM PARK AT BOYNTON BEACH, P.LD. PLAT NO.8 BEARING
DATUM WITH THE SOUTH LINE OF SAID LOT 91 HAVING A BEARING OF S89'57'03"W)
THENCE S89.57'03"W, ALONG THE SOUTH LINE OF SAID LOT 91 SAID SOUTH LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF N. W. 22ND AVE. NOW KNOWN AS
GATEWAY BOULEVARD, A DISTANCE OF 517.42 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PRESERVATION AREA EASEMENT NO.2; THENCE S89'57'03"W,
CONTINUING ALONG THE SOUTH LINE OF SAID LOT 91, A DISTANCE OF 122.43 FEET;
THENCE S81'24'25"W, CONTINUING ALONG SAID SOUTH LINE OF LOT 91, A DISTANCE
OF 2.06 FEET; THENCE N01.38'42"W, DEPARTING SAID SOUTH LINE, A DISTANCE OF
271.63 FEET; THENCE N69'44'12"W, A DISTANCE OF 15.37 FEET; THENCE N05.16'04"E,
A DISTANCE OF 46.83 FEET; THENCE N22.44'41"E, A DISTANCE OF 80.79 FEET;
THENCE N8T56'05"E, A DISTANCE OF 69.37 FEET: THENCE SOT24'13"E, A DISTANCE
OF 243.84 FEET; THENCE N88'44'15"E, A DISTANCE OF 18.39 FEET; THENCE
S03'15'45"E, A DISTANCE OF 157.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 42,813 SQUARE FEET, MORE OR LESS.
SHEET 3 OF 3
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'VrON
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) [g\ June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids [g\ Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA nON: Selection of Steering Committee for 2006 American Assembly Program for Boynton Beach
EXPLANA nON: This is the first step in the strategic planning process authorized by the City Commission on June
6, 2006.. The Steering Committee should consist of 10 to 15 members. The Assembly Steering Committee wiII be
responsible for the foIlowing:
Identifying the major topics and specific agenda questions to be addressed at the Assembly (in consultation with FAU)
Selecting the Assembly participants and facilitators
Reviewing the Assembly background paper prepared by FAU
In discharging its responsibilities, the Steering Committee should adhere to the following principles:
a. All decisions regarding the participants and agenda questions should be made by the Steering Committee as a whole in
consultation with the Institute staff. No subcommittee or individual committee member is authorized to act independently.
b. The discussion questions should be framed so as to stimulate discussion and promote compromise. The Committee
should focus on questions, not answers.
c. The Assembly participants should be selected to assure that every sector of the community is represented. The
participants do not need to exactly mirror the social, economic, age, or racial composition of the community, but an attempt
should be make to include as many interest groups as possible.
The foIlowing three categories of representation should be considered when selecting the Steering Committee members:
PUBLIC SECTOR/NON-PROFIT
Examples:
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Community Redevelopment Agency Representative
Palm Beach County School Board employees (i.e., principal, teacher)
Law Enforcement Representative
Health and Human Services
BUSINESS AND INDUSTRY
Examples:
Large and small local business owners
Chamber of Commerce
Development Community
Service Professions (i.e., attorneys, architects, bankers)
COMMUNITY, CIVIC, AND RELIGIOUS ORGANIZATIONS
Examples:
Recreational Interests
Y outh/Senior/Family Interests
NeighborhoodlHomeowner Associations
Advisory Board Members
Civic/Minority Activists
PROGRAM IMPACT: The steering committee is an integral part of the planning process.
FISCAL IMPACT:
No additional cost except for incidental meeting expenses expected to cost less than $500.
AL TERNA TIVES:
Tho "ce,;ng <ommi"" ;, on ;nlegmi part of lu::_____
Department Head's Signature I City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC