Agenda 08-01-06
The City of
B nt n Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
August 1, 2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
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.
GENERAL RULES 8r. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
· 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
August 1, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Chaplain Greg Fitch - Boynton Beach Police Department
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS
A. Announcements:
1. Commissioner Mack McCray is again heading up the City's back to school
supply drive for children in the City's schools. The "Great Boynton Beach
School Supply Drive" will run through the first day of school, Wednesday,
August 16, 2006. Supplies include pencils, pens, crayons, notebooks,
notebook paper, backpacks, calculators, lunch boxes, scissors, rulers and
glue sticks. All supplies should be new; no used items, please. Drop off
points include City Hall, the library, City Hall in the Mall and the Ezell Hester,
Jr. Community Center.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
2. Presentation by Glatting Jackson, Landscape Architects and Planners,
regarding the Congress Avenue Boundless Park Master Plan.
3. Presentation of the commercial produced by The Links at Boynton Beach.
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>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
II McCray Arts Commission Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Code Compliance Board Reg 3 yr term to 4/09 Tabled (2)
III Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (3)
II McCray Library Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Library Board Alt 1 yr term to 4/07 Tabled (3)
Ensler Planning & Development Board Reg 2 yr term to 4/08
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
2
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
A. Minutes
1. Special Commission Meeting - Budget - July 11,2006
2. Special Commission Meeting - Budget - July 12, 2006
3. Agenda Preview Conference - July 14, 2006
4. Regular City Commission - July 18, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of City of Delray Beach, Bid #2002-37 to Chaz
Equipment Engineering Contractors of Wellington, FL. for manhole interior
rehabilitation at an estimated expenditure of $41,843.
2. Award Bid #046-251O-06/0D "ANNUAL SUPPLY OF METAL CONTAINERS
AND ROLL-OFFS" to WASTE EQUIP d/b/a INDUSTRIAL REFUSE SALES of
Eaton Park, FL. for an estimated expenditure of $180,000.
C. Resolutions
1. Proposed Resolution No. R06-126 RE: Correcting a
scrivener's error 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.
2. Proposed Resolution No. R06-127 RE: Approving the
adoption of the City of Boynton Beach's Community Development Block
Grant (CDBG) 2006/2007 One Year Action Plan and the contracts for sub-
grantees to reflect the proposed expenditures.
3. Proposed Resolution No. R06-128 RE: Approving the
renewal of an agreement between Palm Beach Community College and the
City of Boynton Beach to provide for a continuation of our Fire Rescue
Department as a field training site for paramedic and EMT programs.
4. Proposed Resolution No. R06-129 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
NCF&O, SEIU, Local 1227, Blue Collar Collective Bargaining Agreement for
dependent insurance rates under the covered employees' present Blue Care
HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance
plans.
5. Proposed Resolution No. R06-130 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
NCF&O, SEIU, Local 1227, White Collar Collective Bargaining Agreement for
dependent insurance rates under the covered employees' present Blue Care
3
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance
plans.
6. Proposed Resolution No. R06-131 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Officer and
Detective Collective Bargaining Agreement for dependent insurance rates
under the covered employees' present Blue Care HMO, Blue Choice PPO
and Blue Options PPO Group Medical Insurance plans.
7. Proposed Resolution No. R06-132 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Sergeants
Collective Bargaining Agreement for dependent insurance rates under the
covered employees' present Blue Care HMO, Blue Choice PPO and Blue
Options PPO Group Medical Insurance plans.
8. Proposed Resolution No. R06-133 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Lieutenants
Collective Bargaining Agreement for dependent insurance rates under the
covered employees' present Blue Care HMO, Blue Choice PPO and Blue
Options PPO Group Medical Insurance plans.
9. Proposed Resolution No. R06-134 RE: Approving and
authorizing the renewal of employee benefits and premiums for FY
2006/2007 Blue Cross/Blue Shield of Florida (BCBS FL) medical plan, MetLife
dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan
and the Vision Care Incorporated plan.
10. Proposed Resolution No. R06-135 RE: Approving the
three (3) year collective bargaining agreement between the City of Boynton
Beach and the National Conference of Firemen and Oilers, SEIU, AFL-CIO,
CLC, Local 1227 White Collar Bargaining Unit.
11. Proposed Resolution No. R06-136 RE: Requesting
ratification of the action of the South Central Regional Wastewater
Treatment & Disposal Board action of July 20, 2006:
a. Authorizing modification of the agreement with the Solid Waste
Authority for the construction of the biosolids processing and
recycling facility by increasing our portion by $345,152 for a new
total of $6,696,835.
4
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
f.
g.
b.
Authorizing modification of the agreement with Florida Water
Environmental Associates to allow NOAA to perform studies as
summarized in FWEAUC-AOML Agreement #06-001 through 06-007
for an additional amount of $358,032.50
c.
Authorizing expenditures up to $50,000 on miscellaneous items (soil
and concrete testing; permits; legal issues; equipment protection)
for construction of Reclaim Expansion.
d.
Accepting the 2006/2007 Wastewater and Reclaim O&M budgets
and Wastewater Repair and Replacement Expenditures.
e.
Authorizing establishment of Wastewater User Rate to Cities for
Fiscal Year 2006/2007 as follows:
Operations & Maintenance
Reserves
TOTAL
$0.8032/1,000 Gal.
$0.1800/1,000 Gal.
$0.9832/1,000 GAL
Authorizing establishment of Reclaim User Rate to Cities for Fiscal
Year 2006/2007 as follows:
Operations & Maintenance $0.260/1,000 Gal.
Accepting the 2006/2007 Organization Chart and Salary Range
Revision.
12. Proposed Resolution No. R06-137 RE: Approving a
feasibility study to determine fund raising viability for the Congress Avenue
Boundless Park in the amount of $16,500.
D. Approve the full release of surety for the project known as Canterbury (Lots 86-89 _
Quantum Park) in the amount of $466,853.20, and return the performance bond
number 08742543 from the Fidelity and Deposit Company of Maryland in this
amount to the project developer, Westbrooke Homes.
E. Authorize the use of $500 each of Mayor Taylor, Vice Mayor McKoy, Commissioners
Ensler and McCray Community Investment Funds to the Great Boynton Beach
School Supply Drive.
XII. LEGAL: (Moved during Preagenda Conference at the request of Commission)
C. Ordinances - 1st Reading
Proposed Ordinance No. 06-076 RE: Amending the Art in
Public Places Program to clarify that projects which commenced prior to the
establishment of the Public Art Fee are exempt and not subject to the fee, even
when a site plan extension is requested.
5
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Adoption of the Federal Highway Corridor Community Redevelopment Plan
Update. (1st Reading of Proposed Ordinance No. 06-074)
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason S. Mankoff of Weiner &
Aronson, P.A.
New Century Companies, LLC
Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard
Request for one-year site plan time extension for approved site
plan and height exception granted on August 2, 2005, from
August 2, 2006 to August 2, 2007.
Boynton Industrial Park North (ZNCV 06-008)
Merle Denbesten
Boynton Industrial Park POA, Inc.
West of 1-95 and north of Boynton Beach Boulevard. Strip of land
two feet wide by 1,705 feet in length located west of the 60 foot
right-of-way of West Industrial Avenue, opposite lots 118 of the
Laurel Hills Subdivision (3rd Addition) through lots 165 Laurel Hills
Subdivision (4th Addition), which are located north of NW 8th
Avenue.
Request relief from Chapter 2, Zoning, Section 4.L - Buffer Walls,
to allow a six (6) foot steel privacy fence along the west property
line of Boynton Industrial Park North, in lieu of the required six
(6) foot stucco masonry buffer wall required to separate an
industrial zoning district from an abutting residential zoning
district.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Small/Minority Business Enterprise (S/MBE) Plan Proposal - Aug. 15, 2006
B. Selection of consultant for M-1 Zoning District Study - Aug. 15, 2006
C. Hazard Mitigation Grant Program award of $137,336 (75%) (local share $45,779
(25%) to fund wind retrofit for the remainder of the second floor of the City Hall
6
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
Building by purchasing and installing Exeter storm shield hurricane barriers to 41
window openings. - Aug. 15, 2006
D. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee - Sept. 6, 2006
E. Review of Funding Policy for Community Development Block Grant Program _
Modification of Resolution 05-012.
XI. NEW BUSINESS:
None.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-075 RE: Approving an
increase in the maximum allowable dwelling units permitted under the
development order from 1,105 to 1,905 dwelling units. (Quantum Park
NOPC #16 DRIA 06-001)
a. Quantum Park NOPC #16 MPMD 06-003 Request to approve
Master Plan Modification to allow an increase in the maximum
number of dwelling units allowable from 1,105 to 1,905 units and
change in designation of lots 17, 52, 58, 102 and 103 to Mixed
Use (MU).
D. Resolutions:
None
E. Other:
None
7
Agenda
Regular City Commission
Boynton Beach, FL
August 1, 2006
XIII. UNFINISHED BUSINESS:
A. Sterling Village emergency generator application.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST "TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA
7/28/2006 1:30 P. M.
5: \CC\ WP\CCAGENDA \AGENDAS\year 2006\080106.doc
8
III.-ANNOUNCEMENTS & PRESENTATIONS
Item A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates In to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
L8J August J, 2006 July 17.2006 (Noon) D October 3, 2006 September J 8, 2006 (Noon)
D August 15,2006 July 31. 2006 (Noon) D October 17,2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November 8. 2006 October 16, 2006 (Noon)
D Septcmber 19. 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
L8J A nnouncements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Penn it announcement
EXPLANA TlON: Now in its sixth year, the goal of the City's school supply drive is to put pencils, pens, crayons, notebook,
notebook paper, backpacks, calculators, lunch boxes, scissors, rulers and glue sticks in the hands of needy students in the
City's public schools in order to facilitate learning. This year's drive will run through the first day of school, Wednesday,
August J 6. It is requested that all items be new and unused. The schools will distribute the supplies to the students. Drop off
sites include City Hall, Boynton Beach Public Library, City Hall in the Mall and Ezell Hester, Jr. Community Center.
PROGRAM IMPACT: This announcement will heighten public awareness of the program and help increase participation.
FISCAL IMPACT: None
ALTERNATIVES: Not penn it announcement
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ity Manager's Sig ature
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Public Affairs
City Attorney I Finance
Department Name
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ton Beach
Great Boyn ....; ... ....:0. :0: ~ ... . [ID~~~
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Now through August 16, 2006
Pencils, Pens, Crayons, Notebooks, Notebook
Paper, Backpacks, Calculators, Lunch Boxes,
Scissors, Rulers, Glue Sticks
All supplies should be new - no used items
Drop Off Points
City Hall
Boynton Beach Library
City Hall in the Mall
Ezell Hester, Jr. Community Center
[!I.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOfun
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ August I, 2006 July] 7, 2006 (Noon) D October 3, 2006 September 18, 2006 (Noon)
D August 15, 2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon)
D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
~ Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Request that the City Commission hear a presentation by Glatting Jackson, Landscape Architects
and Planners, regarding the Congress Avenue Boundless Park Master Plan.
EXPLANATION: In December, 2005, the City Commission authorized a Task Order with Glatting Jackson to develop a
Master Plan for the Congress Avenue Boundless Park. Glatting Jackson assembled a design team that included landscape
architects, a graphic designer, an ecologist, an architect, engineers and an artist who specializes in art in public spaces. The
process began with a visioning workshop that included representatives from approximately 10 agencies that offer services for
people with various disabilities, City staff and the design team. The consultants also met with each City Commissioner, the
Mayor, the Recreation and Parks Board, the Boundless Park Steering Committee and the general public. In the workshop
meetings, five (5) concepts were developed that encompassed several common themes such as a central clubhouse, pedestrian
paths, shaded areas, varied terrain, environmental education opportunities, expanded use of water and a series of different
experiences (Attachment A). Using these themes, Glatting Jackson developed three (3) conceptual plans (Attachment B).
The plans were presented to the Recreation and Parks Board and Commissioner Ensler for comments, which were used to
develop the final Master Plan. The Executive Summary and Master Plan are also attached (Attachment C).
Major elements of the park include a therapeutic recreation center, a "Boundless Playground", a palm court to provide a
shaded area for parents to view the playground, a splash fountain, a hobby boat pond which will expand the realm of play for
those in wheelchairs and walkers, a koi pond to offer park users an opportunity to interact with nature and a series of paved
trails that will meander through the various areas of the park. Also included will be picnic areas, a children's' performance
platfonn, sensory gardens, environmental education areas and access to the hard-surface tennis courts. Chinese elements will
be incorporated into the architecture and landscaping to acknowledge the City's sister city of Qufu. WXEL, located adjacent
to the park, may be willing to allow additional parking in their parking lot and serve as a second entrance to the park to assure
that the traffic impacts on Charter Drive North are minimal. A traffic study by Kimley Horn, Engineers, indicated that the
proposed project will meet the requirements of Palm Beach County's Traffic Perfonnance Standards (Attachment D).
The park can be constructed in phases depending on funding. Funds for construction will be raised through a fund raising
campaign. It is recommended that a feasibility study be conducted to evaluate the funding opportunities and methods.
Because of the unique nature of this park, it is anticipated that funding through grants, foundations and private donations will
be viable.
SIBULLETfNIFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The project will create a one-of-a-kind park for Boynton Beach. Research during the planning stages of the park revealed that
there are no other parks that are completely barrier free in South Florida. When completed, the Congress Avenue Boundless
Park will provide opportunities for everyone, regardless of their age or ability. The construction of the park and operational
costs are identified in the Recreation and Parks Strategic Plan adopted by the City Commission in April 2006.
PROGRAM IMP ACT: Development of the park will provide opportunities for programming for special populations such
as the sight impaired, physically impaired and mentally challenged. Activities for those who cannot participate in the City's
existing activities will be offered through the therapeutic center. These activities will include programs for children, teens and
adults. The park will be accessible for adults with limitations who wish to bring their children or grandchildren to a park.
The park will offer opportunities for all children to play together regardless of their abilities. Additionally, the therapeutic
center can be used by groups for meetings.
FISCAL IMPACT: The construction cost is estimated to be $ $8,700,000. Again, it is anticipated that these funds will be
raised through grants, foundations and private donations. Personnel requirements will include:
. Recreation Manager * $ 40,185
. Recreation Specialist 23,784
. Maintenance Worker Senior 23,784
$ 87,753
* This position will oversee the entire park including the tennis center
Maintenance requirements will include $15,000 for equipment, and approximately $10,000 annually for maintenance
supplies.
ALTERNATIVES: Several alternatives exist including:
. Phase the construction ofthe park.
. Eliminate some of the elements of the park.
. Do not build the park.
1
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Assistant to City Manager ~
Department Name
Recreation and Parks
City Attorney I Finance
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
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ANGLIN
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RINEHART
ATTACHMENT A
Meeting Minutes
Meeting Date:
December 14, 2005
Project:
City of Boynton Beach Congress Community Park
GJ# 19131.0
Location:
WXEL Conference Room in Boynton Beach
Purpose~
· To develop a shared vision for the project
· To develop an image of the project based on the
development program and themes discussed.
General Overview
Jody Rivers and Wally Majors provided a general overview of the history and purpose of the
project. Following are general comments from the group:
· Parks will be public, accessible to all users
· Potential for new access
· Need to buffer WXEL site
· Caloosa Park (large Regional Park) is nearby
· Existing pond may be jurisdictional
· Tennis courts to remain - need to be integrated into design
· Assisted Care, Dementia Center, schools nearby
· Access to the well-field site will be through WXEL
· Well-field facility building design needs to reflect overall park theme - City to involve
Utilities Dept
· Need to accommodate visually impaired, hearing impaired, other disabilities
Preliminary Development Program
The group reviewed the initial Development Program provided by City staff (see below) and
added program elements:
Initial Program:
· Picnic Pavilions
· Paved Multi-Purpose Trails
· Boundless Playground
· Sensory Garden
· Chinese Garden
· 2000 sf Clubhouse
· Interpretive Elements
Page I of4
S:\Recreation & Parks\Parks Admin\Parks\Congress Avenue Community Park\Design Meetings\Visioning Workshop for Commission.doc
~c GLATTlNG
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KERCHER
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. Roadways and Parking
. Sign and Way-finding System
. Fencing
. Landscaping and Irrigation
. Site Lighting
. Public Art
. Site Furnishings, incl benches, trash receptacles, drinking fountains, bicycle racks
Additional Program Ideas:
. Butterfly Garden
. Gymnastics Area wi Forgivable Surface
. Fragrant Garden
. Architectural Space Program
. Shade Structures wi Whimsical Designs
. Audio Headsets for Hearing Impaired
. Free-standing Restroom Building
. Kitchen Area
. Community Garden
. Educational Exhibits - Water, Well, Sister City, Environment, Wetlands, etc
. I nteractive Play Water Feature
. Artwork Space
. Animals
. Interesting Topography
. Accessible Sporting Equipment
. Chinese Garden as Park Theme
. Pieri Boardwalk tot through Pond, Wetlands
. Performing Area
. Rails w/ Brail, Walkway Surface "Clues" for Interpretive Areas
. Habitat Elements
. Accessible Bus Stop
. Storage/ Maintenance Facility
. Interesting Rest Areas in Between Facilities
. Audio-Visual Room
. Larger Clubhouse
Exercise 1 - Theme
Each group of 5-6 participants were asked to develop a "billboard" promoting the opening of
the park, and expressing "what the park is all about" (see Exercise 1, attached). Common
themes from all of the billboards included:
. Don't specify "special needs" - use visuals instead
. Maybe use the words "accessible", "without boundaries", "boundless", "visually
challenged" etc
. Many common elements between billboards; inclusiveness, diversity of experiences,
etc
Page 2 of 4
S:IRecreation & ParkslParks AdminlParkslCongress Avenue Community ParklDesign MeetingsIVisioning Workshop for Commission doc
~c GLATTlNG
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The "Billboard" images are attached.
Exercise 2 - Character
Each group was asked to develop a collage expressing the "desired character" of the park,
selecting images from the hundreds provided (see Exercise 2, attached). Ideas and themes
that were mentioned during the presentations of the collages included:
. Fun, whimsy
. Art - far east, sister city
. Open space, natural, gardening
. Relax without boundaries
. Architectural components - bus stop, shade structures, etc
. Creative, whimsical, functional site furnishings, site elements
. Trails w/ different terrain, curving forms
. Accessibility
. Terrain, undulating sidewalk
. Challenge users
. Quiet, contemplative places
. Integrate elements throughout park - color, texture, fragrance, etc
. Icons to create image, focus points
. Tactile, sensory elements to create "markers"
. Art that you look at, that you can climb on, that challenges you
. Spaces for play, spaces for contemplation, hill to roll down, extending personal realm
(through boat, for example)
. Art integrated into signage
. Shaded areas
. Transitional spaces, entry ways
. Different levels, e.g. slide between spaces
. Incorporate textures
. Sense of enclosure using bamboo
. Eye catching, bizarre art work, capture well fields
. Waters edge, water flowing, touch the water
. Colorful
. Interaction
. Quiet areas w/ grass, look at clouds
. Directional/ way finding signs
. Surprises, "treasure hunt" - portals into spaces
. Birds, nature
. Art, color
. Tranquil, water
Comments, observations from the group included:
. Repetition of circle, sphere
. Sense of entry
. Portals, rooms, sense of surprise
. Series of experiences, different language
Page 3 of4
S:\Recreation & Parks\Parks Admin\Parks\Congress Avenue Community Park\Design Meetings\Visioning Workshop for Commission.doc
~c GLATTING
JACKSON
KERCHER
ANGLIN
LOPEZ
RINEIl..lt.FlT
The Collage images are attached.
Exercise 3 - Plan
Each group created a Conceptual Master Plan to reflect the ideas from the previous
exercises (see Exercise 3, attached). Common elements between the Concepts included:
· Central clubhouse w/ drop-off, views, terraces, etc
· Multiple pedestrian and/or vehicular entrances
· Spaces flow, connect from one to another
. Fire and water
. Bridges at entrances
· Hill, amphitheater at lake
· Strong axial relationships between existing, proposed elements
. Shade
. Raised, ramped areas leading into spaces
. Meandering trail, educational, boardwalk system
. Maintenance building
. Maximize, expanded use of water
. Make a positive feature from wells
· Use existing parking spaces; make it into a forest
The Concept Plan images are attached.
Page 4 of 4
S:\Recreation & Parks\Parks Admin\Parks\Congress Avenue Community Park\Design Meetings\Visioning Workshop for Commission.doc
City of Boynton Beach
Congress Avenue Community Park
Kick-off Meeting and Visioning Workshop
Exercises
Exercise 1 - Theme: THE BILLBOARD
Materials:
· Flip chart
e Markers
Time: 45 minutes
The City has leased a billboard on 1-95 to promote the opening of Congress Avenue
Community Park. Design a billboard that describes the park, using "the rules for good
outdoor billboards":
e Use six to eight words
· Use a visual that can make it even clearer, if possible
Be prepared to present your design to the group, considering:
· Why is your billboard the best way to summarize "what the park is all about"?
(I> How will it convey the benefits to residents and other park users?
· How will it stir people's emotions, both internally (City staff) and externally?
· Why does it seem right and appeal to the gut?
· How does it directly relate to the site, proposed facilities and proposed uses/
activities?
City lOf BlOyntlOn Beach
COJrngJress AvemJe Community Park
Kick-off Meetiltll.g altHJ\ VisionRltlI.g W orlkshop
Exercises
Exercise 2 - Character: THE COLLAGE
Materials:
e Foam core board
" Copies of images
e Scissors, tape, glue, markers, etc
Time: 1 hour
Based on the development program and the "big ideas" developed from the Billboard
Exercise, create a collage of words, pictures and sketches that captures the desired
character of the park. The collage should convey to the park designers:
e the desired elements of the park
l1J the desired character (form, texture, color, style, etc) of those elements
s the desired activities and users
@ desired theme( s)
e anything else that expresses how the park will look and feel
Be prepared to present your collage to the group. Make sure that everything important to
you is documented through key words (for example, shade).
City of Boynton Beach
Congress Avenue Community Park
Kick-off Meeting and Visioning Workshop
Exercises
Exercise 3 - Plan: CONCEPTS
Materials:
· Base map
· Tissue paper overlay(s)
· Markers
Time: 1 hour
Based on the Development Program, Billboard and Collage exercises, draw a conceptual
"bubble" diagram that illustrates the layout of the proposed facilities on the site,
including:
· facilities and activity areas
· parking and vehicular/ bicycle/ pedestrian circulation
The diagram should show the location of every facility listed on the Development
Program, and capture as many of the themes and ideas discussed in the previous exercises
as possible. Some key issues to address include:
· how to create a sense of entry
· how to incorporate existing facilities
· how to protect or buffer adjacent land uses
· how to create a seamless connection between uses
e how to accommodate parking and circulation for both able-bodied and disabled
users
· how to cluster compatible uses or buffer incompatible uses
Make sure that every element is labeled, and be prepared to present the rationale of your
design to the group.
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Opinion of Probable Cost
glatting jackson kercher anglin lopez rinehart, inc.
DRAFT
TOTAL COST Cost wi Fees & Contingency $8,646,615
Total Fees and Contingency %
Design & Permrt"g %
General Conditions 0/0
Contingency %
$6,404,900 Park Construction Cost
$2,241,715 Total Fees and Contingency
$768,588 Design & Permrtl1g
$512,392 General Conditions
$960,735 Contingency
35%
12%
8%
15%1
Item
No.
Tolal Price Tolal Price wi Fees
& Contingency
Item
Quantity Unit Unit Price
Site Preparation $292,300 5394,605
1 Clear and Grub 5,000 SY $1.00 $5,000
2 Exotics Removal 3,000 SY $10.00 $30,000
3 Pavement Removal 100 SY $3.00 $300
4 Rough Grading' Pond Excavation. Cut 5,000 CY $5.00 $25,000
5 Rough Grading' Berms (using pond fill) 5,000 CY $1.00 $5,000
6 Rough Grading - New Fill 10,700 CY $10.00 $107,000
7 Finish Grading 60,000 SY $2.00 $120,000
Utilities $650,000 $877,500
1 Storm
2 Electrical
3 Sewer
4 Water
LS $100,000
LS $300,000
LS $100,000
LS $150,000
$100,000
$300,000
$100,000
$150,000
Buildings $1,625,000 52,193,750
1 Boundless Comm Center 3,700 SF $250 $925,000
2 Boundless Comm Ctr - Covered Drop Off 500 SF $150 $75,000
3 Boundless Comm Ctr . Covered Porch 1,500 SF $150 $225,000
4 Boundless Comm Ctr - Furnishings 1 LS $100,000 $100,000
5 Restroom Pavilion 800 SF $300 $240,000
6 Restroom Pavilion - Open-air Porch 400 SF $150 $60,000
Site Structures $675,000 $911,250
1 East Entry Boardwalk I Bridge 100 LF $500 $50,000
2 Mini Bridge - Splash Plaza 30 LF $300 $9,000
3 Mini Bridge - Pond 15 LF $200 $3,000
4 Boardwalk 100 LF $300 $30,000
5 East Pond Deck and Railing 500 SF $100 $50,000
6 Plaza Pavilions 600 SF $175 $105,000
7 Plaza Trellis 180 LF $600 $108,000
8 Main Entry Sign 1 EA $40,000 $40,000
9 Second Entry Sign - Congress Ave-WXEL 1 EA $20,000 $20,000
10 Second Entry Gate - WXEL ' 1 EA $15,000 $15,000
11 Play Stage and Ramp 800 SF $30 $24,000
12 Wall - Play Stage 100 LF $200 $20,000
13 Wall. Climbing Wall - Retaining 44 LF $250 $11,000
14 Wall - Seatwall - Retaining 500 LF $150 $75,000
15 Wall - Play Castles - Freestanding 250 LF $300 $75,000
16 Table - Accessible Play/Work Tables 20 LF $500 $10,000
17 Wood Fence. Tall 200 LF $100 $20,000
18 Wood Fence - Low 200 LF $50 $10,000
Water Features $178,600 5241,110
1 Pond - Aerator I Circulator Pump 2 EA $50,000 $100,000
2 Splash Plaza. Pumps, Drains, Reservoir 1 EA $20,000 $20,000
3 Splash Plaza. Variable-timed Jets 30 EA $1,500 $45,000
4 Riverbed - Small Stream Jets 5 EA $1,000 $5,000
5 Riverbed. Dry Runnel 100 LF $50 $5,000
6 Spray Mister 3 EA $1,200 $3,600
Paving $663,500 5895,725
1 Splash Plaza - Tile Mosaics 300 SF $200 $60,000
2 Splash Plaza - Unit Pavers 3,000 SF $18 $54,000
3 Walkway. Unit Pavers 6,000 SF $12 $72,000
4 Walkway - CIP Conc wI River Rock Inset 2,000 SF $10 $20,000
7 Walkway - CIP Concrete 40,000 SF $7 $280,000
5 Trail- Compacted Gravel 1,000 SY $12 $12,000
6 Trail - Wood Mulch 700 SY $15 $10,500
8 Road - Asphalt 1,000 SY $55 $55,000
9 Ryerson Steel Edging 7,000 LF $8 $56,000
10 Wood Edging 2,000 LF $2 $4,000
11 Stone Boulders 200 EA $200 $40,000
Landscape $1,138,500 51,536,975
1 Shade Trees
2 Accent I Specimen Trees
$700
$1,500
$210,000
$22,500
300
15
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$4,988,900 Park Construction Cost
$1,746,115 Total Fees and Contingency
$598,668 Design & Permrting
$399,112 General Conditions
$748,335 Contingency
Phase 1 Phase 1: Price wi
Quantity Fees & Contingency Description
--
5,000 $5,000 remove debris and vegetation
3,000 $30,000 mechanically clear exotics from wetland,
100 $300 misc concrete slabs at existing parking ar
5,000 $25,000 expand existing pond, dig new pond
5,000 $5,000 spread existing cut, mix wi new fill
10,700 $107,000 spread new fill, form berms
40,000 $80,000 spread topsoil, 6"
--
1 $100,000 allowance
1 $300,000 allowance
1 $100,000 allowance
1 $150,000 allowance
-
3,700 $925,000
500 $75,000
1,500 $225,000
1 $100,000
$0
$0
-
$0
$0
$0
$0
$0
$0
$0
$40,000
$20,000
$15,000
$0
$0
44 $11,000
500 $75,000
250 $75,000
20 $10,000
200 $20,000
200 $10,000
~
2 $100,000
$0
$0
$0
$0
3 $3,600
-
$0
$0
$72,000
$20,000
$280,000
$12,000
$10,500
$55,000
$0
$4,000
$10,000
6,000
2,000
40,000
1,000
700
1,000
2,000
50
-
300 $210,000
15 $22,500
block wall, tile roof, wood trim, pOlished c
tile and wood plank roof, wood beam and
tile and wood plank roof, wood beam and
8' wide mfgr wood deck, cip conc. end po
8' wide cip concrete arch, non-slip tile SUi
8' wide cip concrete arch, ipe wood plank
8' wide recyc deck, wood rail, ipe wood te
mfgr wood deck, wood railing, wood step
tile and wood plank roof, wood beam and
wood beam and slats, precast conc, post
18'xI8' high cmu wall, raised metalletten
1 0'x8' high cmu stucco wall, raised metal
2-3'xI2' high cmu stucco walls, wood be€
cip conc., metal rail
24" high cmu retain wall, stucco wi tile inl
2' to 6' high battered cmu retain wall, stue
12" high cmu wi stucco, ipe wood cap
12" - 48" high cmu wI stucco, ipe wood c:
30" high x 18' wide stainless steel top, pr
2x2 wood pickets 6' o.c. . 6' high
2x2 wood pickets 6" o.C. - 3' high
assumption
assumption
assumption
assumption
precast conc. tile, 3/4' wide x 2" deep ch,
assumption
custom designed mexican tile on cip coni
mixed color pavers, cip conc base
conc pavers, sand set bed
6" conc walks
6" conc walks
8" compacted Iimerock
6"
compact subgrade, base, and wearing cc
4' x 1/8" thick edge, staked @ 24" o,c, (h
2x6 PT wood edge, staked @ 36" o.c. (fe
riverbed boulders, varied sizelproportion
r--
Opinion of Probable Cost
glatting jackson kercher anglin lopez rinehart, inc.
DRAFT
TOTAL COST Cost wi Fees & Contingency $8,646,615
$6,404,900 Park Construction Cost $4,988,900 Park Cor
Total Fees and Contingency % 35% $2,241,715 Total Fees and Contingency $1,746,115 Total Fel
Design & Permijing % 12% $768,588 Design & Permijing $598,668 Design & P
General Conditions % 8% $512,392 General Condijions $399,112 General C,
Contingency % 15% $960,735 Contingency $748,335 Contingent
Item
No.
Total Price Total Price wi Fees
& Contingency
Item
Quantity Unit Unit Price
~ite Preparation $292,300 5394,605
1 Clear and Grub 5,000 SY $1.00 $5,000
2 Exotics Removal 3,000 SY $10.00 $30,000
3 Pavement Removal 100 SY $3,00 $300
4 Rough Grading - Pond Excavation - Cut 5,000 CY $5.00 $25,000
5 Rough Grading - Berms (using pond fill) 5,000 CY $1.00 $5,000
6 Rough Grading - New Fill 10,700 CY $10,00 $107,000
7 Finish Grading 60,000 SY $2.00 $120,000
Utilities $650,000 5877,500
1 Storm
2 Electrical
3 Sewer
4 Water
LS $100,000
LS $300,000
LS $100,000
LS $150,000
$100,000
$300,000
$100,000
$150,000
Buildings $1,625,000 52,193,750
1 Boundless Comm Center 3,700 SF $250 $925,000
2 Boundless Comm Ctr - Covered Drop Off 500 SF $150 $75,000
3 Boundless Comm Ctr - Covered Porch 1,500 SF $150 $225,000
4 Boundless Comm Ctr - Furnishings 1 LS $100,000 $100,000
5 Restroom Pavilion 800 SF $300 $240,000
6 Restroom Pavilion - Open-air Porch 400 SF $150 $60,000
Site Structures $675,000 $911,250
1 East Entry Boardwalk I Bridge 100 LF $500 $50,000
2 Mini Bridge - Splash Plaza 30 LF $300 $9,000
3 Mini Bridge - Pond 15 LF $200 $3,000
4 Boardwalk 100 LF $300 $30,000
5 East Pond Deck and Railing 500 SF $100 $50,000
6 Plaza Pavilions 600 SF $175 $105,000
7 Plaza Trellis 180 LF $600 $108,000
8 Main Entry Sign 1 EA $40,000 $40,000
9 Second Entry Sign - Congress Ave-WXEL 1 EA $20,000 $20,000
10 Second Entry Gate. WXEL ' 1 EA $15,000 $15,000
11 Play Stage and Ram p 800 SF $30 $24,000
12 Wall. Play Stage 100 LF $200 $20,000
13 Wall- Climbing Wall. Retaining 44 LF $250 $11,000
14 Wall - Seatwall . Retaining 500 LF $150 $75,000
15 Wall - Play Castles - Freestanding 250 LF $300 $75,000
16 Table. Accessible PlaylWork Tables 20 LF $500 $10,000
17 Wood Fence - Tall 200 LF $100 $20,000
18 Wood Fence - Low 200 LF $50 $10,000
Water Features $178,600 5241,110
1 Pond. Aerator I Circulator Pump 2 EA $50,000 $100,000
2 Splash Plaza - Pumps, Drains, Reservoir 1 EA $20,000 $20,000
3 Splash Plaza - Variable-timed Jets 30 EA $1,500 $45,000
4 Riverbed - Small Stream Jets 5 EA $1,000 $5,000
5 Riverbed - Dry Runnel 100 LF $50 $5,000
6 Spray Mister 3 EA $1,200 $3,600
Paving $663,500 5895,725
1 Splash Plaza - Tile Mosaics 300 SF $200 $60,000
2 Splash Plaza. Unit Pavers 3,000 SF $18 $54,000
3 Walkway - Unit Pavers 6,000 SF $12 $72,000
4 Walkway - CIP Cone wi River Rock Inset 2,000 SF $10 $20,000
7 Walkway - CIP Concrete 40,000 SF $7 $280,000
5 Trail. Compacted Gravel 1,000 SY $12 $12,000
6 Trail - Wood Mulch 700 SY $15 $10,500
8 Road. Asphalt 1,000 SY $55 $55,000
9 Ryerson Steel Edging 7,000 LF $8 $56,000
10 Wood Edging 2,000 LF $2 $4,000
11 Stone Boulders 200 EA $200 $40,000
Landscape $1,138,500 51,536,975
Shade Trees
Accent I Specimen Trees
"1 TM___ 'AI_&I__..1 n__&_~_&:__
$700
$1,500
$210,000
$22,500
300
15
EA
EA
Phase 1 Phase 1: Price wi
Quantity Fees & Contingency Descripti
--==
5,000 $5,000 remove e
3,000 $30,000 mechanic
100 $300 mise con
5,000 $25,000 expand e
5,000 $5,000 spread e:
10,700 $107,000 spread n,
40,000 $80,000 spread te
-==
1 $100,000 allowanc
1 $300,000 allowanc
1 $100,000 allowanc
1 $150,000 allowanc
-==
3,700 $925,000 block wa
500 $75,000 tile and v
1,500 $225,000
1 $100,000
$0 tile and v
$0
-==
$0 8' wide n
$0 8' wide c
$0 8' wide c
$0 8'wide rl
$0 mlgrwoc
$0 tile and v
$0 wood be,
$40,000 18'x18' h
$20,000 10'x8' hie
$15,000 2-3'x12' I
$0 cip conc.
$0 24" high
44 $11,000 2'to6'hi
500 $75,000 12" high
250 $75,000 12' - 48"
20 $10,000 30' high
200 $20,000 2x2 woo'
200 $10,000 2x2 woo'
~
2
$100,000 assumpt
$0 assumpt
$0 assumpt
$0 assumpt
$0 precast e
$3,600 assumpt
3
-==
$0
$0
$72,000
$20,000
$280,000
$12,000
$10,500
$55,000
$0
$4,000
$10,000
6,000
2,000
40,000
1,000
700
1,000
custom c
mixed ce
cone pal
6" cone \
6" cone \
8" campi
6'
compact
4' x 1/8'
2x6 PT I
riverbed
2,000
50
-==
300 $210,000
15 $22,500
~=~
ATTACHMENT D
Kimley-Horn
and Associates, Inc.
May 26, 2006
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Ms. Jody Rivers
Assistant Parks Director
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Re: Congress Avenue Community Park
SW Comer of Congress Avenue & Charter Drive
Dear Ms. Rivers:
Kimley-Horn and Associates, Inc. has performed a traffic impact evaluation for
the above-mentioned property. The property to be developed is located on the
southwest corner of Congress Avenue and Charter Drive in the City of Boynton
Beach, Florida. The attached Figure 1 illustrates the general site location.
Currently, the property consists of 21 tennis courts on 20.34 acres of City-
owned park land. The existing tennis court facilities occupy approximately
8.69 acres of the total 20.34 acres ofland, and have been in existence for more
than five years. The remaining 11.65 acres is undeveloped. It is proposed to
develop a 4,000 square-foot recreation center and an 11.56-acre city park on
the undeveloped portion of the site.
The following traffic evaluation was performed according to the methodology
set forth in the Palm Beach County Traffic Performance Standards Ordinance
(TPSO). The current available data from Palm Beach County was used in the
analysis,
Trip Generation
The daily and peak: hour characteristics were based on information published in
the Institute of Transportation Engineers' report, Trip Generation, Seventh
Edition, currently adopted by Palm Beach County. The ITE trip generation rate
for city parks is limited; therefore, the ITE trip generation rate for a county park
was used in this analysis, which reflects a more conservative rate. The project is
expected to generate a net new 119 daily trips, 6 AM peak hour trips, and 8 PM
peak hour trips. Table 1 summarizes the daily and peak hour trips associated with
the existing site and proposed project.
.
TEL 561 845 0665
FAX 561 863 8175
~=~
Kimley-Horn
and Associates, Inc.
Ms. lady Rivers, May 26, 2006, Page 2
Project Significance
The net peak hour trip generation for the site is 8 vehicles per hour. Thus, the
maximum radius of development influence (RDI) was detennined to be the directly
accessed link of the first accessed major thoroughfare for Test 1. Congress Avenue
is the first directly accessed link of a major thoroughfare for the site. Based on a
review of the adjacent land uses in the project's radius of influence, it was
determined approximately 45 percent of project trips would be distributed to the
north on Congress Avenue, 40 percent to south on Congress Avenue and 15
percent to the west along Charter Drive North. The project's maximum impact on
the adjacent links is less than one percent of the two-way peak hour capacity;
therefore, the impact to the transportation system is insignificant and no further
evaluation is required. Project significance calculations are shown in Table 2.
Driveway Evaluation
The proposed driveway volumes depicted in Figure 2 are 771 daily trips, 41 AM
peak hour trips and 79 PM peak hour trips. The driveway volumes are based on
the existing and proposed uses. According to Palm Beach County's "Guide to
Parking Lot and Street Access Design Criteria and Standards" this driveway is
classified as an intermediate driveway. The site turning movement volumes are
depicted on Figure 2.
Turn Lane Requirements
Palm Beach County Code requires a right-turn lane when the inbound peak hour
right-turn volume is 75 vehicles or more and a left-turn lane when the inbound
peak hour left-turn volume is greater than 30 vehicles. Figure 2 illustrates the
proposed project AM and PM peak hour total volumes assigned to the project's
access locations. In consideration of these volumes with respect to the Palm Beach
County access design standards results in the determination that a left-turn ingress
lane is warranted at the driveway on Charter Drive North. However, Charter
Drive west of Congress Avenue is a minor City-maintained roadway and a left-
turn lane is not expected to be needed at this location.
-.
~=~
Kimley-Horn
and Associates, Inc.
Ms. lady Rivers, May 26,2006, Page 3
Conclusion
The proposed project is to construct a city park and recreation center. Based upon
the findings of this analysis, the proposed project meets the requirements of Palm
Beach County's Traffic Performance Standards. Ifthere are any questions
regarding this analysis, please do not hesitate to call either Tykus Holloway, EI,
AICP or myself at (561)-845-0665.
Sincerely,
KIMLEY -HORN AND ASSOCIATES, INe.
.,' rl i; {j. i~ () .
"S; I~ ~~~
l.,./t\, , '" '" , r.:l - 0 -
E. Keller Ro~e1~be!iger, P.E.
'~ra~, ~ortt;J~?li,Eng:ipeer
"Sff:.f;Q]~~ '
Flo~li~,Re#c~a:iQn;
}{pmliel: 64'053, . ,
. . Enginee~g.~.trsiness
Numberp9() " '
,
BKRJ~
Attachments
P: 10443 \49017\0425 06jr. doc
TABLE 1
CONGRESS AVENUE COMMUNITY PARK
TRIP GENERA nON
Land Use Intensity Daily AM Peak Hour PM Peak Hour
Trips Total In Out Total In Out
Existin2 Develooment
Tennis Courts (> 5yrs) 21 courts 652 35 18 17 71 36 35
Proposed Develooment
Tennis Courts (> 5yrs) 21 courts 652 35 18 17 71 36 35
County Park 11.56 acres 26 0 0 0 1 0 1
Recreational Community Center 4,000 SF 92 6 4 2 7 2 5
Subtotal 770 41 22 19 79 38 41
Net Proposed Trips 118 6 4 2 8 2 6
Driveway Volumes 770 41 22 19 79 38 41
Notes: Trip generation was calculated using the following data:
Daily Traffic Generation
Tennis Courts [ITE 490] = T = 31.04 trips per Court
County Park [ITE 412] = T = 2.28 trips per Acre
Recreational Community Center [ITE 880] = T = 22.88 trips per 1000 SF
AM Peak Hour Traffic Generation
Tennis Courts [ITE 490] = T = 1.67 trips per Court (50% in, 50% out)
County Park [ITE 412] = T = 0.01 trips per Acre (80% in, 20% out)
Recreational Community Center [ITE 880] = T = 1.62 trips per 1000 SF. (61 % in, 39% out)
PM Peak Hour Traffic Generation
Tennis Courts [ITE 490] = T = 3.38 trips per Court (50% in, 50% out)
County Park [ITE 412] = T = 0.06 trips per Acre (41% in, 59% out)
Recreational Community Center [ITE 880] = T = 1.64 trips per 1000 SF. (29% in, 71 % out)
p:\0443\490J7\(congress ave commu.nity park.xIsJ trip Jen
512512006 J U J
~_n Kimley-Hom
~_U and Associates, Inc.
Copyright to 2006, Kimley-Horn and Associates, 1m:
ci
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FIGURE 1
CONGRESS AVENUE PARK
SITE LOCATION MAP
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LEGEND
FIGURE 2
CONGRESS AVENUE PARK
DRIVEWAY VOLUMES
~_n Kimley.Hom
~_u and Associates, Inc.
044349017
3 AM PEAK HOUR VOLUME
(6) PM PEAK HOUR VOLUME
czm DAILY TRAFFIC VOLUME
"\0443\48OI7\CONO-AY-I'I<.4wll F1G-2 ...., 211, 2IXl8 1lc27pm "" ~
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~ -
III,-ANNOUNCEMENTS & PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Connnission Date Final Form Must be Turned Requested City Conunission Date Final Fonn Must be Turned in
Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office
C8J August 1, 2006 July 17,2006 (Noon.) 0 October 3,2006 September 18, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
C8J AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Allow presentation ofthe commercial produced by the Links at Boynton Beach.
EXPLANATION: The purpose ofthis presentation is to bring the commercial produced by the Links at Boynton
Beach to the attention of the City Commission. This is the City Golf Course's first effort at using the medium of
television as an advertising tooL The Links at Boynton Beach is eager to reach golfers in the local viewing area from
West Palm Beach southward through Boca Raton. All commercials will be shown on the Golf Channel Thursday
through Sunday from mid July 2006 through April 2007.
PROGRAM IMPACT: By advertising exclusively on the Golf Channel we are assured that we are reaching a market
where 99% of the viewers play golf in contrast to other mediums that depend on the national average that 9% of the
population plays golf. Many golf courses advertise in sports section of the local newspaper. The cost of a typical ad
(4x6) is $600 per day and gets lost in a sea of similar ads.
FISCAL IMPACT: The cost to produce the commercial was a total of $750. The commercial is the property of the
Links at Boynton Beach and may be used on our new government channel if permitted. Each time the commercial is
aired on the Golf Channel the cost is $16 which includes both market places that comprise the viewing area from
West Palm Beach through Boca Raton. The commercial is scheduled to air 287 times from July 2006 through April
2007 for a total of $4592. The funds to pay for this advertising come from Budget Account # 411-2910-572.48-05.
ALTERNATIVES: Not to a110 lbe p...-atlon. i~
City Manager's Signature
Assistant to City Manager ~
GOL-P
/ n-I=..
L.cv,-c.....S~,~
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IX>C
V. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 08/01/06
LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Aqency Board
Barnes Matthew Community Redev. Planning & Dev. 3/30/06
Aqency Board Board
Buchanan James (Buck) Community Redev. 7/10/06
Aaencv Board
Moeller Christine Arts Commission Community 7/10/06
Relations Board
VI.-CONSENT AGENDA
ITEM B.1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk' s Office
[8] August I, 2006 July] 7,2006 (Noon.) 0 October 3, 2006 September] 8,2006 (Noon)
0 August] 5,2006 July 3], 2006 (Noon) 0 October 17,2006 October 2,2006 (Noon)
0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business ,-
AGENDA ITEM . -
[8] Consent Agenda 0 Legal ._,~
--.-, -~-~
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0 -'
--
r--2r
RECOMMENDA nON: A motion to "piggy-back" the City ofDelray Beach, Bid #2002-37 to Chaz Equipment .
Engineering Contractors of Wellington, FL for manhole interior rehabilitation at an estimated expenditure of$41,84~.
~.J1 J~-)-:-~
EXPLANATION: Procurement Services Division received a request from the Utilities Department to "piggy-back,,'Offthe'lQ
City of Del ray Beach Bid for the manhole interior rehabilitation projects in two (2) City areas: --
I) Old Boynton Road - 10 Manhole structures
2) S.E. 4th Street - 12 Manhole structures
The bid was awarded to Chaz Equipment Engineering Contractors of Wellington, FL. The City of Boynton Beach has
worked with Chaz Equipment Engineering Contractors in the past and they have been very reliable and responsive to our
needs.
PROGRAM IMPACT: The Utilities Department has identified these two (2) wastewater utility projects that need
rehabilitation in advance of other improvements occurring in the two (2) areas. The rehabilitation projects are the lining of
the manholes to reduce ground water infiltration and rebuild the structural integrity of the manholes.
FISCAL IMPACT: Funds are available in the FY200S/2006 budget as follows:
Account Description Account Number
CIP R&R Sewer 403-5000-590-96-04 SWR 059
Budget
$41,843.00
roceed with the projects and continue the water infiltratio
Procurement Service
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Memorandum
Utilities #06-117
From:
Bobby Jenkins ~'
Assistant Finance Director ..'
I ~-
K~f! Bo~teng, PE Y .t\"7 <, v\./~ \}
Utility Director ~a ~/
To:
Date:
June 26, 2006
Subject:
"Piggy-back" City of Delray Beach Bid # 2002-37
Sanitary Sewer Manhole Interior Rehab
Agenda Item
The Utility Department would like to piggy-back the City of Delray Beach Bid
#2002-37 for manhole interior rehabilitation. The bid was awarded to Chaz
Equipment Engineering Contractors of Wellington, Florida. The department has
worked with Chaz Equipment in the past and they have been very reliable and
responsive to our needs.
The department has identified two (2) wastewater utility projects that need
rehabilitation in advance of other improvements occurring in that area. The rehab
projects are lining of the manholes to reduce ground water infiltration and rebuild
the structural integrity.
The 2 locations are:
1. Old Boynton Rd. - 10 Manhole structures
2. SE 4th St. - 12 Manhole structures
Attached is the proposal from Chaz Equipment with a breakdown of each
structure, a map providing the locations and a copy of the City of Delray bid. The
total cost of the project is $41,843.00. Funds are available in account # 403-
5000-590-96.04 SWR 059.
Please present this at the next Commission meeting for approval. If you have any
questions you can reach me at ext. 6401 or Tony Lombardi at ext. 6421.
Xc: Michael Low
Peter Mazzella
Tony Lombardi
Dan Spooner
Barb Conboy
Dan Derringer
File
C!!~!~I'II.II
3460 Fa'rlan. Fenna Road. Suite 8
Wellington. florida 33414
(561) 333-2109 Fax: (561) 333-2180
LETTER
OF
TRANSMITTAL
June 19. 2006
Mr. Tony Lombardi
Utility Maintenance Manager
124 E, Woolbright Road
Boynton Beach, Florida 33435
RE: Sewer Manhole Rehabilitation - SE 4th SI & Old Boynton Rd. areas;
Mr. lombardi,
We would like to extend to the City of Boynton Beach our services of
sewer manhole rehabilitation using SewperCoat within the two (2) areas
mentioned above by piggy-backing our competitively-bid City of Delray
Beach Rehabilitation Contract #2002-37, in accordance with all of its
contract pricing and bid line items.
Please find attached our proposals for the rehabilitation to the sewer
manholes you requested
If you have any questions, please can me.
Thank you very much,
~
~
Bradley Miller
Project Manager
aw.IRCcMT lil
cd Wd6v:c0 900c cc .unr
081C[[[19S: 'ON X~~
.:IN I "OJ .lN3Wd InB3 ZtJH:J: WO~~
C!~~gCo~~O~I'III.J
3460 Fatrlane Farms Road, Suite 8
Wellington, Florida 33414
(561) 333-2109 Fax: (561) 333-2180
SEWPERCOA T STRUCTURE REHABILITATION PROPOSAL
City of Boynton Beach
Mr. Tony Lombardi
124 East Woolbright Road
Boynton Beach, Aorlda 33435
June 19, 2006
Mr. Lombardi,
Please accept our proposal for Sewpercoat PG application and structural rehabilitation of the manholes listed below;
This rehabilitation work proposal is in accordance with the City of Delrav Bellc:h Contract ~02-37:
Proiect: S.E. 4th Street (12) Manholes - SewoerCoat Rehabilitation;
MH MH Manhole Type Remove Bench & Rep//Adj -R&C Drop
MH' Dla. Depth Location Brick Pr8cast Coatings * Channel Grass Asphalt AssbIy Total
($25OM) (S17OM) (S1.00fsJ.) ($5OOIell) ($5OMIa) (S100fea)
1 4 6.5 SE 4th St., South of SE 2nd Ave $1,105 $1,105
2 4 7 SE 4th St., BelW8en 2nd & 5th Ave $1,190 $1.190
3 4 7.5 SE 4th St., Between 2nd & 5th Ave $1,875 $1,875
4 4 7.5 SE 4th St. & SE 5th Ave $1,875 $1,875
5 4 9.5 SE 4th St. & SE 6th Ave $2,375 $835 $500 (Heavy floW - 24M pipe) $3.710
6 4 9 SE 4th St.. BetwBen 6th & 8th Ave $2,250 $2,250
7 4 9 SE 4th St, Between 6th & 8th Ave $2,250 $2,250
8 4 9 SE 4th St.. South of SE 8th Ave $2,250 $2,250
9 4 7.5 SE 4th St.. Between 8th & 10th Ave $1.675 $1,875
10 4 6.5 SE 4th St. & SE 10th Ave $1,625 $500 $2,125
11 4 6 SE 4th St.. South of SE 10th Ave $1,500 $1,500
12 4 5 SE 4th Sl & SE 12th Ave $1.250 $1,250
Total Rehabilitation Estimate:
$23,2551
Removal of existing coatingS @ $7.00 / squarfJ foot - Contract line item # 17.
SewperCoat application to 48" Di8meter brick manhole @ $25lYverlica1 foot - Conttact Un9 item # 2.
SewpelC08t application to 48" Diameter precast manhole @ S1701verlk;al foot - Contract Una item # 3.
Bench and Channel reconstruction @ $5OCVeach - Contract line item # 11.
Induded: Surface preparation & profiling.
Minor infiltration repairs.
SewperCoat application at minimum 1/2" thickness.
Excluded: System surcharge removal.
Major MOT (DOT or federal required).
Permits I fees.
~__theopportu~
(~tI~
~
page 1 of 1
.....-cav. ~
Bradley Miller
Project Manager
cd W~L~:60 900c 0c 'un[
081c~~~19S: 'ON X~~
'::lNI "m l.N3WdlnEl3 Z~H:): WOCU
C!!c~m!~I'lllr
3460 Falrlane Farms Road, Suite 8
Wellington, Florida 33414
(561) 333--2109 Fax: (581) 333-2180
SEWPERCOAT STRUCTURE REHABILITATION PROPOSAL
City of Boynton Beach
Mr. Tony Lombardi
124 East Woolbright Road
Boynton Beach, Florida 33435
June 19, 2006
Mr. Lombardi,
Please accept our proposal for Sewpercoat PG application and structural rehabilitation of the manholes listed below;
This rehabilitation work proposal is in accordance with the City of DeIrav Beach Contract 12CI02-37:
protect: Old Bovnton Road f10} Manholes - SewoerCoat Rehabilitation:
MH MH Manhole Type Remove Bench & Repll~ ~R&C Drop
MH' Dia. Depth Location Brick Precast Coati1gs ... Channel Grass Asphalt A6sbIy Total
($250M) ($ 170M) ($7.OQfsJ.) ($5OOIea) ($5OOfee) ($7OO/es)
01 4 4 Glen Arbor & Old Boynton Rd $1,000 $500 $1,500
02 4 5 999 Old Boynton Rd $1.250 $1,250
03 4 10 N.W. 8th Ct & Old Boynton Rd $2,500 $2,500
04 4 8 Feedhouse Church - Old Boynton Rd $2,000 ( MOT required - On&-Iane ) $2,000
05 4 6.5 1054 Old Boynton Rd $1,625 $500 $2,125
06 4 6 Coral Dr & Old Boynton Rd $1,500 $1,500
07 4 5 Old Boynton Rd. - SDuth of BrIdge $1,250 $500 $1,750
08 4 5.5 Venice Dr & Old Boynton Rd $1,375 $1.375
09 4 6 1208 Old Boynton Rd $1,020 $500 ( MOT required - On&-Iane ) $1,520
010 4 12 Velaire Dr & Old Boynton - CoIf MH $2,040 $528 $500 ( Heavy flow. TllIIlOII9 st8ps & dIN $3,068
Total Rehabilitation estimate:
$18,5881
Removal of existing coatings @ $7.00 I square foot - Contract line item # 17.
SewperCoat applic8bon to 48" Diameter brick manhole @ $25DIVerticaJ foot - Contract Line item 1# 2.
Sewpercoat application to 48" Diameter precast manhole @ J170Nerlic8/ foot - Contmct Line item, 3.
Bench 8lId Channel reconW'uction @ $5OOIeach - Contract line item # 11.
Included: Surface preparation & profiling.
Minor infiltration repairs.
SewperCoat application at minimum 112" thickness.
Excluded: System surcharge removal.
Major MOT (DOT or federal required).
Permits I fees.
We appreciate the opportunity,
~~
~
Bradley Miller
Project Manager
Page 1 of 1
.....BIIC<MT &l
[d W~8[:60 900c 0c 'un[
081c[[[19S: 'ON X~~
'IN I '"OJ ..lN3Wd InB3 Z~HJ: WO~~
01/17/2005 15:19
5617426041
RISKMANAGEMENT
PAGE 02/92
ACmJD. -
CERTIFICATE OF LIABILITY INSURANCE OPID ~ DATi~
THIS CER11FICATE..&SIUED M II MA1'T!R OF INFOIVIIAlION
ONLY AND CONFERS NO RIGHTS UPON mE CEJmFICATI
HOLDER. THIS CERTIFICATE DOES NOT AMlND. EXTEND OR
AL TIfft THE COVERAGe AFFORDED IV THI POUCIE8 8ELOW.
PROCI\.ICIiA
Gateway :tn81U:anae Agency
2430 w. Oakland Park Blvd.
ro....... I.auda~'-. J"I. 33311
i~ i:95~-735-5500 Fax:95~-735-2952
INSlIl!D
INSURER B:
cOI1ti...Qtal culllllty ~'"
NAle.
20508
0i155
09035
02~074
INSU~I\S AFFORCING COVEl\AGE
INSlIRER A: Valley 1'01'08 Insurance Co.
Ocr-a: ~PfCi J:e-ncta:ikO;Ski
~ J'airlaa. I'aJ:IN lloaa,
inqi:on lPL 33414
JNSUREJlI c: _dOll" eae. co of ~adiR9 l'A
INSURER 0,- Ohio ~c.8U.l ty Ine.,ranc. CO.
IHllUREFl E:
COVERAGES
TlIe POUCIES OF INSI.IRJl/lICI; LISTED BELOW HAVE I5EEN ISSut:O TO TliE INSURED I.w.tED NJCNE FOR nE POlICY PERIOD INDICATED. NOTWlTH5TANOING
I>MV REQUlREMENf. TERMOR CONDIflON OF ANY CONTRACT OR OTliER DOCUMENf WITH RESPECT TO WHICH THIS CERnFtCATE MAY BE IS8UCD OR
MAY PERTAIN..THE INSlJWIICE AFfORDEI) r!ff THE PO~ICIES DESCRlIIED HEReiN IS SUBJECT TO ALL niE TERNIl. EXCl1J8Il)NS ANJ cONomoN8 OF SUCli
POUCIES. AGGREGATE LIMITS SHOWN",Y HAve BEEN REDUCE!) BY PAID CLAIMS.
TYI'II Of CIi POLICY NU..n LIWTS
OEMIIRAL UMILITY .1 000 000
B X X COMMERCIAl (.lBlliiRAL L....81LI1Y C2023-087547 12/30/e4 ~ $ 50 aDO.
CLAIMS MADE ~ OCCUR us> EXP (Any one peItOIIl $!5 000
PERSONAl & NN tuURY $ 1 000 000
x blaDk.t addl inad 0ENERAl AOOREG\TE 5 2 000 000
GEf\n. AGGREGATE L1MfT APPLES PER: PRODUCTS - CONPIOP AGCil 52 000 000
POLICY X m LOC
AUTOMOBI\.E LlAlIUTY COMBINED SINGLE LIMIT $1,000,000
C X AN'( AlJro BOA2023171660 12/30/04 12/30/05 (Ee _dent)
ALL OWNED AUTOS IlOOIL Y INJURY
9CH ED\Jl..ED AUTOS (Pet penon) $
X HIRED AUTOS BODILY INJURY
X NON-OWNEP AOTOS (Per 8ccht."l) S
PROPERTY DAMAGE
(Pet llClCICWIl)
,
, ./ QAAAG! UAlItlrrY AI1TO ONLY - EA ACCIOEI'fT $
AN'( AUTO OTllER THAN EA MX. S
AUTO 0Nl. Y: AGG S
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D X OCCUR o ClAIM6 MADE BXOO~5302S652 12/30/04 12/30/05 AGGREGATE s 5000000
$
DEOUCTIBLE S
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WORKIM COMPINMTION ",., XT L
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OFF~EXCLUDE1)? E.LDISEA8E-EAELFLOYEE $1000000
~bellllder E.L IJIS&W!-POLKlYUMlT 51000000
PAo\IlSlONS MloW
OTHER
DESCRIPTION 01' OI'UATIONS I Loc;ATICNta I '4HCU!B I Exct..lJII)lII8 ADDED fI'f EIIDClUEMI!MT I II"ECIAL PRfMII)Il8
city of Boynton Beach is 1ist.s .11I Additional XnS1U:ad with r..pecta to the
General Liability Only- *10 <lays notice fc)r non-payaent of pt:8IDiUlll,
RB: SITE ncnoVBMDf'l!S FOR PUMP S~ATXON .317 sm I042-2821-0.&/JA
CEI\T1FICATE HOLDER
C'ITBOO4
CANCELLATION
IHOULD Nl'f OF TIlE MI01III! lRIIClWSl POUCll!8l11! CNilCELUD lal'OM TIlE EXPItATION
DATe THEREOF, 1ME lUlJING IN8Uflt!R WLL aM)EAVOR TO IIIAIL ~ DAYS WAfTTEN
MOrICI! TO THE CERTII'1CATE HOLDER NMED TO THe u:I'T. IUT FAILURe 10 DO so 8HALl
INPOSI! NO OBUGArlON OR LJAIllI,JTY OF /lIlY IaMD UI'OM 'THE ...... rrs AOIlNT8 OR
ltIiflMl&NTATNE8.
AUTHO
@ACORDCORPORATION188E
'--_/ C:t'rY OJ' BO'IlftON BMCH
100 B. BOnn"ON BEACH BLVD,
BOnft'ON B&ACB J'L 33435
ACORD 26 (20011'08)
cd Wd0c:~0 900c 9c 'unf
081c~~~19S: 'ON X~~
'JNI "OJ IN3WdlnB3 Z~HJ: WO~~
06/27/2006 15:55 FAX 954 735 2852
GATEWAY INS
141 0021002
ACORD. CERTIFICATE OF LIABILITY INSURANCE O~~~ DATE IMIrllDDI't'YYY)
CHAZ 01 06/27/06
PRODUCER THIS CERTlFlCATE IS ISSUED AS A MATTER OF INFORMATION
'ateway Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,rt Lauderdal@ Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
~430 W, Oakland Park Blvd. ALTER THE COVERAGE AFFORDED BY THE POUcaES BELOW,
For~ Lauderdale FL 33311
Phone: 954-735-5500 Fax: 954-735-ZS52 INSURERS AffORDING COVERAGE NAlC#
INSURED INSURER A Vall~y FOJ:qe Insurance Co. 20508
INSURER B: "...I<1<\onbJ. c:...ota1 ty CDIIpVQ' 09165
Chaz E~iPJllen"t compan! INSuRER C Aa.rican Cazs:.. 1;0 tit .6tl4J.Dq .fA 09035
Attn: . Mary Jane c:a~kowSki
3460 FaiJ:lane Fa.rms Rc>a , 9 INSURER D Allerican G\H'I:.ant... IS. J.,U,bll.Lty 26247
Wellinqton Y.t 334~4
INSlRER E.
COVERAGES
Tl-E F01.ICIES Cf' I~E LISTED BELOW HAVE BE:EN 1:;SLeD TO THE INSLIlED NA/oED A130VE FOR lliE POLICY peRIOD INDlCATiOO NOTWI1H>T~DING
ANY ~OUlREMENT, TERM oR COI\OITION OF /'Ny '::oNlRACl oR OTfER DOCUMENT vvrn-f RESPECT TO \MilCH THIS CERTIFICATe MAY Eli ISSLeD CR
MIl'!' PERTAIN. TIt:: INSURANCE IIFFOFlDED BY nt: POLJCIE5 DESCRIBED HEREIN IS SUBJIOCT TO A1.l T1iE TEl<MS, EXCLUSIONS AND C()'lDmoNS OF SUCH
POLICIES. AGGREGATE lI"'rrs SHOWN MAY li'\vE BEEN REOUCED BY COAlD ClAIMS.
'cr;: ~~ TYPE OF INSURANCE POLIC'" NU\$ER Dim CMMIOoMi ~DATE' 1MM/DDrtY) UMITS
~ElW-UABIUTY EAa-t OCC~NCE $ 1,000 ,000
B X COt4lfflCIAI GeJERPt. LIABILITY C2023087547 12/30/05 1ZnO/06 . PR'EMSEs (Ee ocCU"e~l $ 50,000
f-- :=J CLAl1ol6 ~ [!] occu:l
f-- MED EJ(f> (AI'1)I Me personl $ 5, 000
1\1 STATUS MUST BE PERSONI\L & IItJV INJJRY $1,000,000
X Blanket Addl/~ BY WP.I'1'TEN CONTR.AC!I Ge~RAL AGGREGATE $2,000,000
f--
GEN'L AGG~GATE LIMIT APPLIES PER: PFlOOUCTS. CO'-"IOP HN $ 2,000,000
h POI.Je'\' Ixl ~R8T n LOC
AUTOMOOU I..IA8ILITY COMSlrED SING/.E LIMIT
~ sl,OOO,OOO
c ~ >>N AUTO C20231i1660 12/30/05 12/30/06 rEa sccltierl:l
I-- ALL OVIIIlEO /lllJTO$ BODIL Y 'N~Y
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SCt-EDU.ED AUTOS (Per person I
>--
~ HIRED AUTOS BOOll Y INJU<Y
$
~ NON-O\.I\It"i1D AU1"OS (Pw ;,cQdc>nl)
- ~R1Y DAMAGE '$
(Per acadenl)
GARAGE LIAl!IlfTY AUTO OIlL Y - E:A ACCID5NT S
~ NlY AUTO OTHER TI-Wl EAACC '$
AUTO ON.. y, ~G $
EXC~SSI\.lllo1BRSU.A UAeLnY EACH occuMENCE $ 3000000
0 [J OCClJl o Cl.AlMS MooOE AUC59178S100 12/30/05 12/30/06 AGGREGATE '$ 3000000
s
~ DEDUC'1laLE '$
X ~I:;~ION $10000 '$
-1NeRKEFllil ~oMPENaATION AIIIl . X ITORY L1MIW I IUW
E;lFLOVI!IlS' lJABlJTY
A ANY PRCFRIETORtPARThIERlEXEGUTlVE wc.;~26221193 12/30/0$ 12nO/06 E.L EACH I\CCIDE~ '$ 1000000
OFFICERIMEMBER EXa.UDED? 5.1, DISEASE - EA EMPLOYEe , 1000000
If Yt6, <le:;l;J1bo LJJ>dor '$ 1000000
SPECIAl. I"nOVISIClllS bolcw E.L DISEASE - POliCY L1t.1fT
oTlE't
B Leased Equipment C21)23087S47 12/30/05 12/30/06 Leased 150000
l)I;S~motl OF OPERATIONS I LOCATION8/ VEHICLES J E<~c:L.U!lIOHS ADDED BY EM>ORSElIIeJ'IT I Bf'a;lAL F'ftOVl~IONS
*10 DaY$ Notice of Cancellation for Noa-pay.
-
CERTIFICATE HOLDER
I
CITY OF BOYNTON EEACH
100 E. BOYN'l'ON BJ!'.ACH BLVD
BOYNTON B2ACH FL 33435
CANCELLATION
cr'J'Bo11 SIiOI.Ul A~ OF TI-E ABOVE DESCRIlED POLICE!; 810 CAtlCEllED BEFORE TI-E I;l(pfRATJOtlI
DATE lliEREOF, 1HE Il;lliMNG _~ WILL ENDEAVOR TO liIAIl. ~ DAYS WRITlEN
NOTIC& TO 'THE tsmFICATE HOLDER NAMl:D 10 'IlE LEFT, BUT FALURE TO DO $0 SHAU.
IMPOSE NO OBLIGATION OR IJA8Il.rTY OF r.NY KIND UPON lHE l'lSUAER. ITS AGEI'Il'S OR
R0>RESENTAllVES.
AI./Tl-l
@ ACORD CO~PORATION 1988
ACORD 25 (2001108)
;[ITY DF DElRAY BEA[M
DELRAY BEACH
bO.d
All-America City
, , II I!
100 tJIJ. 1st j\VEt"UE
[JELRf\.Y BEN::;H FLOP,IOA 33'1,14
561i243-700Cl
July 15, 2005
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3460 Fairlane Farms Road, Suite #8
Wellington, Florida 33414
. ,,'"' .,'C"~c&: ;..., '. "_.~J. .-;._.. ......,. - .., '-4'.4.~....ir....;;,"" ">?-,.
I RT7'r'H'l'\l
I~r. -,' ..... " F:IJ
I JUL 2 02005
lEY: J
RE: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annual Contract - 3rd Year Renewal
Dear Mr. Czajkowksi;
Our City Manager, on July 14, 2005, approved the one year renewal with your company for the
annual contract for Sanitary Sewer Manhole Interior Rehab,
Term of the contract will be from October 01,2005 to September 30,2006. Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract tenn.
Please forward to my attention, an updated certificate of insurance, naming the City of Delray
Beach as additional insured at limits specified in the bid package.
We would like to thank you for your good performance and interest in the City of Delray Beach.
If you have any questions, you may contact me at (561) 243-7163.
Sincerely',
(~t?t.j.W'1:lI- l)u~!\. '1.Y~t-;}
__ ;1' I. vi
j "
J acklyn Rooney
Purchasing Manager
cc: Joseph Saffor~ance Director
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Servires
Scott Solomon, Manager Water & Sewer Network
~
~ !"\'-jn!f'd c:'n FiE~-:.V(;,'e(j F<:'p6r
T H [ E F F 0 f:\ T l\ L. Vi /\Y ~c t\11 j, T 1 E H ~':
~., ,.....( '.- -.- ~
[ITY OF DELHRY BEA[H
DHRAY Bi:ACH
~
All-America City
, III J,!
lOO N.W. 1st AVENlJF.
DF.U1AY RFA(;H, FI Clf1ID^ :n"-4"-
[i()1/2.137000
June 28,2005
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
J..!SO F:lirl~"le farms Rp2,C,;o!16
Wellington, Florida 33414
',o.,
REF: Bid #2002.37 - Sanitary. Sewer Manhole Inrer10r
Rehab -Annual Contract, 3rd Year Renewal
Dear Mr. Czajkowslci;
The annual contract for Lhc above referenced Bid expires on September 30, 2005. Per page #5, Section 20
"Renewal" of the General Conditions of this bid package, "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) consecutive terms Of one (1) year subject to'vendor(s)
acceptance, satisfactOIY perfonnance and determination that renewal will be in the best interest of the City".
Please advise if this ex.tension of your contract at prices quoted in your Bid dated August 27, 2002 would be
acceptable.
Please respond by signing. below and returning one original copy to my.attention, Jacklyn Rooney, Purchasing
Division, City of Delray Beach, 100 N. W. First A venue, Delray Beach, Florida, 33444.
Sincerely,
,.r-~ . ,- ..I. "JJ '.. "
'- _ /, 1 . J4-.,'n - / ~ C:!')' '1.2.-< J.---
J acklyn Rooney. Purchasing raanager
~
~herebY .gree r' one (1) year extension of the subject Bid
__,_I 'm ~ provide a one (1) year extension of the subject Bid
/ ~'''''<-=-~=~
~~
. ftiv'
Name (prin.
cc: Joseph Safforci,~ance Director
c:2 . j'
fila hJS i-
7-1;J - 0 S
Date
@ PrtlllL.'CI un A!.'l:yc/L\ll P:'/fJL'{
T I " E I : ()j'~ 1 A I WAY SMA I I ~ H ~
Jnl'1.L"-t t-I'-t
J.D. .L--:l
r'TY DF DElRAY BERCH
tJilRAY BEACH
~
AII'Ati'II~rita City
, III I!
"'.; ~I WI'" ^\/f-NIII
III l HAY RF N;t I. f l Onlr>^ :nH'1
'iA 11;;4:J 7000
1<)< ).\
2()(J]
January 14, 2004
Mr. Gary Czajkowski
3460 Fairlane Farms Road, #8
Wellington, Florida 33414
, ...a ~ OJ(.
To whom it may concern,
This letter is to confirm that the City of Dekay Beach Contract #f002-37 for Sanitary Sewer Manhole
Interior Rehabilitation - Annual Contract is an open-ended unit-price contract applicable to one or
lore unit measurements herein with no limit on price total so long as unit prices remain constant in
accordance to the contract document. .
Consideration in awarding rehabilitation of sanitary manhole to Chaz Equipment Company in
accordance with the above contract by l./n~ pripe consideration and without limit to total sum by any
municipality or governing body witt)in tpe State of Florida may be given under ~piggy back-
provisions without further need of appr~wal from the City of Defray Beach.
Sincerely,
1~. y~~-
. Patsy ~~I, Buyer
City 0 "ray Beach
Cc: Joseph Safford)~e Director
Jackie Rooney, ~'~sing Manager
G.) jtlifJ(f.:!U on Hur:ycled P;lfJril
THE E F FOR TAL WAY~; MAn E R S
I.~'Y DF DElRAYBEA[H
L~_.,AY BEACH
I l 0 . , n ...
ldtd.
All-America City
1 , II J! Gary Czajkowsb
Chaz Equipment Co. Inc.
3380 Fairlane Farm Road, #16
Wellington, FL. 33414
100 N.W. 1 st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243_7000
August 19,2004
1993
2001
SEP 0 8 2DD4
REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab
Annual Contract - 2nd Year Renewal
.,c :~.,
Dear Mr. Czajkowski;
Our City Manager, on August 18, 2004, approved the one year renewal with your company for the
annual contract Bid# 2002-37-Sanitary Sewer Manhole Interior Rehab.
Term of the contract will be from October 01, 2004 to September 30, 2005. Items will be ordered
VIa individual purchases orders and/or blanket releases on an "as needed~' basis for the contract term.
Pleaseforv.'ard to my attention. an updated certifica~e of insurance. naming the City '1fDelrav Beach
as an additional insured at limits specified in the bid package.
We would like to thank you for your good service and interest in the City of Delray Beach. If you
have any questions, you may contact me at (561) 243-7161.
~cere1Y' .. .
p~a~~
cc: Joseph Safforffiance Director
Dan Beatty, Dep. Director of Public Utilities
Scott Solomon, Manager Water/Sewer
--
@ Printed on R.cyc/ed Papor
THE EFFORT ALWAYS MATTERS
JI~'f DF DElRAY BEAtH
lCL._.{ BEACH
\ 0 I I 0 ..
tdtd
XII-America City
\ , " J!
1993
2001
~
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243.7000
July 14,2004
Gary Czajkowski
Chaz Equipment Co. Inc.
3380 Fairlane Farm Road, #16
Wellington, FL. 33414
JUL 'l6 ZUUIt
REF: Bid #2002-37 Sanitary Sewer Manhole Interior
.. Rehab.~ Annual Contl'act
2nd Year Renewal
: I' ~'- ~
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2004. Per page #5, Section
20 "Renewal" of the General Conditions of this bid package, "The City Manager may renew the
contract, at the same terms, conditions, arid pric'es, four (4) consecutive term(s) of om; (1) year(s)
subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the
best interest ofthe City".
Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002
would be acceptable.
You may respond by signing below and returning one original copy to my attention, Patsy Nadal,
Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely,_ -, J ."
\');/U/( ;/ .j/,/ /J/ -_/
'-- ,
. Pats~ . adal, Buyer
ee to the one (1) year extension ofthe subject Bid Package.
~e one (1) year extension of the subject Bid Package.
7 /;;7 /6i
Date /
Sign ture
elll";
Name (printY
~ kqwsk .
--
cc:
Joseph Safford~ance Director
Brad Miller, Chaz Equipment Co. Inc.
THE EFFORT ALWAYS MATTERS
~iTJll1F DElRRY. BER[H
I
L .Y BEACH
~
AIl.America City
, , III!
Il)l):;
2()()1
. :;~ f'i ','f 13~ _~VEi'.jUi:::
JUL 2 5 200l
C:.':LFl( 3::,tI.CH. FLORIDA 334,,4
5611243-7000
July 18, 2003
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3;380 .Fairlane Fanns Road, #16
Wellington, Florida 33414
RE: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehab - Annual Contract
Dear Mr. Czajkowksi;
Our City Manager, on July 13, 2003, approved the one year renewal withyour company for the
annual contract for Sanitary Sewer Manhole Interior Rehab.
~ Term of the contract will be from October 01. 2003 to S~tember 30,2004. Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract term.
.Please forward to my attention, an updated certificate of insurance, naming the City of Delray
Beach as additional insured at limits specified in the bid package.
We would like to thank you for your good service and interest in the City of Delray Beach. If
you have any questions, you may contact me at (561) 243-7163.
Sincerely,
~R~'
Ja'klyn R:Oney
Purchasing Manager
cc: Joseph Safford,~e Director
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Serrices
Scott Solomon, Water & Sewer Network Manager
~~ ,c~:.-:I=-.:; ,.;r: Q-=c,,~'c:€'d Pap2f
T ~ E E F F 0 ~n A 1_ 'N .AYS MATT E R S
'i 0 , "n 1 . 'J I JI 0 1 21J~_
ClfItJ DF DElRRY BERtH
Y 3iACH
. '1'\ ..
~
AlI-Ameri ca City
"IIJI
-,.-,- -. - -' ....
~.6 I ~":j-7\;G',j
June 25, 2003
Ill\) :
'1:'1"
GaIY Czajkowski, President
Chaz EquipmentCo. Inc.
3330 Fairlane Farms Road, #16
Wellington, Florida 33414
REF: Bid #2002-37 - Sanitary Sewer Manhole Interior
Rehab - Armual CJntract
1 Sl Year Renewal
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2003. Per page #5, Section 20
"Renewal" of the General Conditions of this bid package, "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) consecutive terms of one (1) yen subject to vendor(s)
acceptance, satisfactory performance and determination tbat renewal will be in the best interest of the City".
Pl ease advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be
acceptable.
Please respond by signing below and returning one original copy to my attention, J acklyn Rooney, Purchasing
Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely,
Cfdaily 12 dU~r
J acklyn Rooney
Purchasing Manager
I hereby agree to the one (1) year extension of the subject Bid
_ I am unable to provide a one (1) year extension of the subject Bid
7/ 10-5-
Date' /
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Name (print) / .J
cc: Joseph saffor~e Director
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E ~ ;::c .~. = ~ A '_ .:: ::.. '.~. ~i1.:. - - c::
~nY DF DEU1AY BEAtH
uElRAY BEACH
~
All-America City
1 'Ill'
100 N.W. 1st AVENUE. DELR.1\Y BEACH, FLORIDA 33444.561/243_7000
October 24, 2002
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3380 Fairlane :t~s Rpacl~ #16
Wellington, Florida 33414
--2 .~
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PD~~D7 SLfd
1 bill 09 -9 (~o! o?:J
REF: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehabilitation - Annual Contract
Dear Mr. Czajkowski,
Enclosed is one original copy of the contract for the above referenced bid awarded to your
company by City Commission October 01, 2002.
Term of the Contract will be from October 01, 2002 to September 30, 2003, with the
option to renew for four (4) additional one (1) year periods.
We would like to thank you for your good service and interest in the City of Delray
Beach. If you have any questions, you may contact me at (561) 243-7163.
Sincerely, ~
~~
Purchasing Supervisor
Attachment
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P.E., Deputy Director of Public Utilities
Richard C. Hasko, P.E., Director of EnvirornTIenta1 Services
Scott Solomon, Water & Sewer Network Mai\1ager
~ Pr:r.!3C =r. ;;~''':_~'C!~d P~i1!
THE EFPORT Al',v.A.YS MATTERS
l
CITY OF DELRA Y BEACH
INVITATION TO BID
PURCHASING OFFICE
100 N.W. 1st AVE
DELRA Y BEACH, FL 33444
(561) 243-7163
BID NO. #2002-37
DATE: July 23,2002
TITLE: Sanitary Sewer Manhole Interior Rehabilitation
BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Auqust 27,2002, prior to 3:00
p.m. at which time all bids will be publicly opened and read.
INVITATION TO BID
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda
and/or any pertinent document form a part of this bid and by reference are made a part thereof.
PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed
herein for the City of Delray Beach, Florida, hereinafter called the CITY.
SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated
above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged
to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach,
Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly
identify bid by: BID NUMBER, TITLE; AND DATE OF BID OPENING. It is the sole responsibility of the bidder
to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown
above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to complywiththe
ensuing conditions and specifications shall be reason for termination of contract.
CITY'S ACCEPTANCE: Unless othef'Nise specified herein, the bidder will allow a minimum of sixty (60) days
from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission.
AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and
technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept
bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General
Conditions.
; , ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. SUBMISSION AND RECEIPT OF BIDS:
A. Bids, to receive consideration, must be received prior to the specified time of opening as
designated in the invitation.
B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the
spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected.
However, you may attach supplemental information.
C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be-
signed in ink. All prices shall be typewritten or filled in with pen and ink.
D. All bids MUST be signed with the firm name and by an officer or employee having the al,lthority
to bind the company or firm by his/her signature.
2. QUANTITIES OR USAGE:
Whenever a bid is solicited seeking a source for a specified time for materials or services in the
quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or
implied by the City of Delray Beach as to the total amount that may or may not be purchased fromany
resulting contracts, These quantities are for bidders' information only and will be used for tabulation
and presentation of bid.
3. PRICES:
A. Bidder warrants by virtue of bidding that prices, tenns, and conditions quoted in his bid will be
firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise
stated by the City or bidder.
B. Prices should be stated in units of quantity specified in the bidding speCifications. In case of
discrepancy in computing the amount of the bid, the unit price(s) quoted will govern.
C. Consideration in awarding bids for term contracts will be given firs~ to bidder offering firm
prices subject to market price reduction and second to bidder offering firm prices for full
contract period. If at any time during the period of this contract, the City of Delray Beach is
able to purchase the items and/or services at prices less tha'n our contract price, the
successful bidder shall meet these prices and in the event of his failure to do so, the City of
Delray Beach may negotiate for a new contract on the open market.
D. The City reserves the right to purchase items on state contract if such items can be obtained
on the same terms, conditions, specifications and in the best interest of the City.
E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid evaluation purposes. Bidders should
reflect any discounts to be considered in the bid evaluation in the unit prices bid. '
4. DELIVERY:
A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the
bid price. Failure to do so may be cause for rejection of bid.
) :
B.
Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves
the right to cancel such orders, or any part thereof, without obligation if delivery is not made at
the time(s) specified on bid form.
5. BRAND" NAMES:
If and whenever in the specifications abrand name, make, name of any manufacturer, trade name, or
vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material
only. Since the City does not wish to rule out other competition and equal brands or make, the phrase
OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's
responsibility to name such product within his bid and to prove to the City that such product is equal to
that specified.
6. QUALITY:
All materials L'sed for the manufacture or construction of any supplies, materials, or equipment covored
by this bid shall be new. The items bid must be new, the latest model, of the best quaiity,dno:-..rghesi.
grade workmanship. .
7. SAMPLES:
Samples, when requested, must be furnished free of expense to the City and if not used in testing or
destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense.
8. ACCEPTANCE:
The material delivere~ under this proposal shall remain the property of the seller until a physical
inspection and actual ~usage of this material and/or service is made and thereafter accepted to the
satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications
and of the highest quality. In the event the material and/or services supplied to the City is found to be
defective or does not conform to specifications, the City reserves the right to cancel the order upon
written notice to the seller and return product to seller at the seller's expense.
9. DEFAULT PROVISION:
In case of default by the bidder or contractor, the City of Delray Beach may procure the article or
services from .other sources and hold the bidder or contractor responsible for any excess costs
occasioned or incurred thereby.
10, COPYRIGHTS OR PATENT RIGHTS:
Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing,
producing, or selling the goods shipped or ordered as a result of this bid. and seller agrees to hold the
City harmless from any and all liability, loss, or expense occasioned by any such violation.
11, COMPLIANCE WITH SAFETY STANDARDS:
A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all
provisions of the Florida State Safety Standards.
B. Whenever a bid is sought and services secured for any type of on-site construction the
awarded bidder shall remove from the work site at the end of each working day all rubbish and
waste debris resulting from his operations. \ The awarded bidder shall also secure the work
site before leaving at the end of each working day.
"
C. MANUFACTURER'S CERTIFICATION:
The City of Dekay Beach reserves the right to request from bidders separate manufacturer certification
of all Statements made in the proposal.
13. SIGNED BID CONSIDERED AN OFFER:
This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be
deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray
Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of
Delray Beach may take such action as it deems appropriate including legal action for damages or .
specific performance.
14. LIABILITY, INSURANCE, LICENSES AND PER~l~S:
A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a
result of bid award, the City,.yvill waive the cost for permits. Contractor shall pay for permits for
all other work. - .. ;.;. .
B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST
obtain an Occupational License before a Notice To Proceed will be issued.
C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a
BEST Rating no less than A-, VII or better. If you have any questions regarding the City's
Insurance and/or Bond requirements, please contact the City's. RiSK Management Office at
(561) 243-7150. See pages 14 & 15 for Insurance Requirements. A .sample' certificate has
been attached.
15.
SPECIFICATIONS:
.f
A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or
conditions, No MATTER HOW SLIGHT. If variation.s are not stated in the proposal, it will be
assumed that the product or service fully complies with our specifications.
B. Any omissions of detail specifications stated herein that would render the material/service from
use as specified will not relieve the bidder from responsibility.
16. AWARD OF CONTRACT:
The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in
the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all
informalities and/or irregularities, and to negotiate contract tenns with the Successful Bidder, and the
right to disregard all non-confonning, non-responsive, unbalance.d or conditional Bids. The City.
reserves the right to reject any or all Bids, or any part of any Bid, to waive any infonnality in any Bid,
and to award the purchase in the best interest of the City. Dlscrepancies in the multiplication of units of
Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
17. TAXES:
The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal
Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No.
60-08-116241-54C appears on each purchase order.
\
FAILURE TO BID:
If you do not bid, return "Statement of No Bid Form' and state reason. Otherwise, YOUR NAME MAY
BE REMOVED FROM OUR MAILING LIST.
19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate)
Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special
Provisions will prevail.
20, RENEWAL:
The City Manager may renew the contract, at the same terms, conditions, and prices, FOUR
consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best inten~st. of the City.
21, ANTI-COLLUSION:
A. Bidder certifies that this bid is made without prior understanding, agreelf',eo,. (.~..-::i1..=ctio!.
with any corporation, firm or person submitting a bid for the same materials, services, supplies,
or equipment and is in all respects fair and without collusion or fraud.
B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of
material or prbvision of services. Any such violation may result in contract cancellation, return
of materials or discontinuation of services and the possible removal from the vendor bid list (s).
22. CONFLICT OF INTEREST:
. i
A:
Bidder declares and certifies that no officer, employee or person whose salary is payable in
whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the
supplies, materials, equipment or services to which it relates or in any portion of the profits
thereof; or
B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must
di$c1ose with their bid the name of any officer, director or agent who is also an employee of the
City of Delray Beach. Further, all bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of
It's branches.
23. NON-DISCRIMINATION:
The Bidder shall not discriminate against employees or applicants for employment because of race,
creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will
endeavor to ensure that applicants are employed and that employees are treated during employment, .
without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national
origin. Such action shall include but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation;
and selection for training including apprenticeship. The bidder agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the
subcontractors to be in compliance.
5
DISCRIMINATION:
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or servfces to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any public
entity.
2'<-";-:. ~ '_
"
ST ANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this __ day of
20_, by and
between the CITY OF DELRAY BEACH (hereinafter called CITY) and
Chaz Equipment Co. Inc. (hereinafter called CONTRACTOR).
WITNESSETH:
The CUY and the CONTRACTOR in consideration of the mutual covenants
- - .
hereinafter set forth I agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements pursuant
tD all covenants and conditions.
.
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the following
documents which are attached hereto and incorporated herein by reference of the following:
CONTRACT DOCUMENTS
I nvitation to Bid
Standard Form of Agreement
Corporate Acknowledgment
Certificate
Insurance Requirements
Sample Insurance Form
Drug Free Work Place Certification
S pecificatio ns
Proposal (Schedule of Pricing)
Bid Signature Page
PAGE NUMBERS
1 - 6
7 - 11
12
13
14
15
16
17 - 24
25 - 26
27
)NTRACT DOCUMENTS (cont'd)
Statement of No Bid
References.
PAGE NUMBERS
28
29
Addenda numbers n/a to
n I <l. ,inclusive, and any modifications, including
Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the Notice
to Proceed.
5. This agreement shall be governed by the laws of the State of Florida as Now
and hereafter in force, The venue for actions arising out of this agreemei';lshaHc,:be Palm
':'-
Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City: ' ,
City of Delray Beach, FL
100 NW 1st Avenue
Delray Beach, FL 33444
As to CONTRACTOR:
Chaz Equipment Co. Inc.
3380 Fairlane Farms Road. H16
Wellington. Florida. 33414
7, The CONTRACTOR shall not, without prior written consent of the CITY, .
assign any portion of its interest under this contract and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the
CITY,
8, The CITY and the CONTRACTOR each binds himself, his partners,
\
successors, assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the contract documents.
o
9. In consideration of ten dollars ($10.00) and other valuable consideration, the
CONTRACTOR shall defend, indemnify and save hqrmless the CITY, its officers, agents
and employees, from or on account of any liabilities, damages, losses and costs received or
sustained by any person or persons by or in consequence of any negligence (excluding the
sole negligence of the CITY), recklessness or intentional wrongful misconduct of the
CONTRACTOR and any persons employed or utilized by the CONTRACTOR In the
performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional
, wrongful rniscotfdUct iliciddes, 'oot'is not limitec!to,use ofan.j- irnpro:)er.mc;~.cr~al~or
liabilities, damages, losses or costs caused by or on account of the use of any improper
materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful
misconduct also includes but is not limited to the violation of any Federal, State: County or
-....ity laws, by-laws, ordirjances or regulations by the CONTRACTOR, his subcontractors,
. ' ,
agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and
save harmless the CITY from all such claims and fees,and from any and all suits and
actions of every name and description that may be brought against the CITY on account of
any claims, fees, royalties, or costs for any invention or patellt, and from any and all suits
and actions that may be brought against the CITY for the infringement of any and all
patents or patent rights claimed by any person, firm, or corporation.
The indemnification provided abo've shall obligate the CONTRACTOR to defend at
his own expense or to provide for such defense, at the CITY'S option, any and all claims or
liability and all suits and actions of every name and description that may be brought against
the CITY which may result from the operations and activities under this Contract whether
the construction operations be performed by the CONTRACTOR. his subcontractor or by
9
"one directly or indirectly employed by either. This indemnification includes all costs and
fees including attorney's fees and costs at trial and appellate levels.
The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes
said consideration for the indemnification provision.
10. This Agreement sh~1I be consider~d'~ull and void unless signed by both the
'. CONTRACTORandthe.CITY,. .:~,
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11. The. contract documents constitute the entire agreement between the CITY
and the CONTRACTOR and may only be altE?red, amended or repealed by a duly executed
written instrument.
'.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST:
~
' ,', '0 '..
City Clerk
Approved as to form:
< 0'1
~City Attorney
~'
wmffj rlJIl ik[{~~:
sroo,q .:h[\f:.~;=Wru1<k,
(Print or type name and title)
~
q,[f)' OF DELRAY BEACH, FLORIDA
0.'1" 0~ ,', ~ /J 17._
uy. ,. .,,..,Jn~ ::J(~-....;?[,.,
David W.Schmidt, Mayor
CONTRACTOR:
BY:
----
CAUj- [~Pr-:Wnu~
(Print or type name and title)
(SEAL)
11
CORPORATE ACKNOWLEDGMENT
STATEOF~~\~
COUNTY OfQa! ('t\-
~e foregoing" instrument was acknowledged before me this lD day of
J 1 "". '" ": 2009: ., by ~Pre.n:Gf\".::w'd I~{.. (000118"[
officer or agent, title of officer or agent), of L.:._Ax{ eel d (\ . (state
.."'
or place of incorporation) corporation, on behalf of the corporation:
He/She is (personally known to me) (or has produced identification) and has used his/her
S' nature of Person Ta n
Acknowledgment .
~~Cft.-\i?(\e .Q'OP.le~
Name of Acknowledger Typed, .
Printed or Stamped
(type of i~tifi~/~pon) as identification.
1 /./ . . ~
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l.:"'-/b''f:r. MY ro.o.uss~ I cc 004425
~:~i EXPIRES: January 23, 2004
v~"O; .;..~l Bo<dod T1vv Hotart Plblc Undorw"""
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12
CERTIFICATE
(If Corporation)
STATE OF FL\tIDA .)
~ _ ^/T' . ) SS
COUNTY OF fY\ ~-tt )
)
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... co6H~~ GERTfFYth~~ a~~r~~~~90~f ~~~~r~~~ I~~~i~~~~':'s~~te~rh[( ,-" U (\net \ 1 '
~ ,i'...' At-\- held on (Ov:r 10 ; 20 07thefolloWing resolution
was duly passed and adop .fl:
"RESOLVED". th t -I. '. as ~e.8 .
President of the corporatio ,he/she is hereby authorized to execute the Agr~ement
-lated ,20_, between the City of Delray Beach, Florida and this
orporation, and that his execution thereof, attested by the Secretary of the Corporation and
with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this jO day of(D(D~1 12000-
m h(;,l5=t{kU iLL
~ry) l
(Seal)
1-
Ii
INSURANCE REQUIREMENTS
\ i
A.
GENERAL
During the term of the contract with the City, the contractor shall procure and maintain
insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below.
B.
COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to the
following minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in --
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employer's Liability with a limit bf$1 oO,oqo each accident.
" 1~ e-ompreheFlsive.~General.Uabmtv."" C.overag~ must be... afforded on a form n0 more
restrictive than the latest edition of the Comprehensi~eGenerar LiabiHty ~OII'CY -m€d" ,
by the Insurance Services Office and must include:
a) Minimum limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Premises and/or Operation's.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) No exclusion for Underground, Explosion or Collapse hazards.
3. Business Auto Policy - Coverage must be affordedon a form' no more restrictive than
the latest edition of the Business Auto Policy filed by the Insurance Service Office
and must include:
a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles.
d) Employer Non-Ownership.
3. Certificate of Insurance - Certificates of all insurance evidencing the insurance
coverage specified in the previous Insurance Administrator prior to commencement
of work. The required certificates of insurance shall not only name the typesef
policies provided. but shall also refer specifically to this bid and section and the above
paraqraphs in accordance with which such insurance -is beinq fumished. and shall
state that such insurance is required by such paraqraphs of this contract. The
successful bidder will include the City of Delray Beach as additidnal insured. If the
initial insurance e'xpires prior to the completion of the work, renewal certificates shall
be furnished thirty (30) days prior to the date of expiration. Also, under the
Cancellation section of the Insurance Certification the words "endeavor toD and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representative" shall be crossed out as indicated on the
attached "Sample of Insurance Certificate".
14
'.
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,HIS IS TO camrY TW.. T pOUC IES OF lN$URAHCI! USTUl BaOW HAVE 8&)l"ISSUEl> T 0 THE- ltI$URW tuJ.lEO ~ FOA. THE MUCY PEAAXl INoicA ,.~O .
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TlOHS OF SUCH PQUCl1;S,
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PUUCY NUl.IBER
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OESCAl?TlOH OF OPEAA11O/iSIt.OCA ~ lTEUS
THIS DlstJRAN<;E APP1.l. :aBLE 'IO (state proj ect)
*CITI OF DELRAY BE.A.C! IS ADDITIONAL DlSURED
exact 'L
as belo-'J- Cross out in.di~ted \lording
(. provide 30 days vrltten notice)
ciTY OF DELRAY 13EAG ~
434 s. SWllITOl1 AVEUJE
. DELRAY. BEACH. FLORDA. 33444
~. .'
SHOOlD },H'( Of l1-lE}JJ(j('C. ~ I'Ol.lCla ee CJJ+CElUD ~ niE EX-
PIMT1.ClH OATE THEREOF, THE ISSVIHQ COI.l....."..... WILL ~'I/lI"li ro
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! '
DRUG FREE WORKPLACE CERTIFICATION'
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs.
.Whenever two or more bids which are equal with respect to price, quality, and service are received
by the State of by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for processing tie
bids will be followed if none of the tied vendors have a clrug-free workplace program.
.........;.r...-', .:.":;-.".,:. _.,"'. .;....... ......,_,,_~.._ . '. .~. .... . _ . ' .
As the person authorized '-cei sfgrrthis' staterl":e'T"lf, 't certify thatthis"firrn'CcompJics..fu!l:.f.With",t,t"1e' ~
following requirements:
...;;..~ ~-,. .
1) This firm publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3) This firm gives each employee'engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm .notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will abide by the terms' of the
statement and will notify the employer of any conviction of, or plea of guilty or nol6
contendere to, any violation of chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6) This firm will continue to make a good faith effort to maintain drug-free workplace through
implementation of this section.
,...--
_Af\Z f~Lt~A\\0\t rn :In~.
Contractor's Name
~~t;
16
CITY OF DELRAY BEACH
BID #2002-37
SANITARY SEWER MANHOLE INTERIOR REHABILITATION
ANNUAL CONTRACT
BID SPECIFICATIONS
PART 1: GENERAL
1.01 SUMMARY
A. This specification shall govern alllabo~, materiaYS:equipment and appliances necessary for sanitary
sewer manhol~ interior rehabilitation for .the purpose of eliminating infiltration and inflow, providing
-coHosiop p.rotectio!1._(epait.P..LYI~~ts and v()id~Cln0 restoration of the structural integrity of th.8
manhole asa result of the application of a monolithiC-flber-reihforcedstnJctu~iI$'tructurz;~~rc(:ti'ar;(;ed
pure calcium aluminate cementitious liner to the wall,ceiling and bench surfacesof concrete, brick or
any other masonry construction material.
1.02 SUBMITTALS
A. Submit manufacturer's material data and application and installation instructions for all products
used.
B. Provide documentation that the proposed manhole rehabilitation process has a minimum S year
history for reconstruction of sanitary sewer manholes on projects of similar size and scope.
,
1.03 QUALITY ASSURANCE
A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and
instructions.
B. provide recommended daily or per lot test specimens for compressive strength and other testing per
applicable ASTM standards.
PART 2: PRODUCTS
2.01 MATERIALS
A. Patching Mix:
1. A quick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and
filling voids and cracks.
2. Material shall have the following minimum requirements
Compressive Strength
Shrinkage
Bond
Cement
Density, when applied
ASTM C-109
ASTM C-S96
ASTM C-321
Sulfate resistant
105 + 5 pet
6 hr 1,400 psi
0% at 90% R.H.
28 day 150 psi
B. Infiltration Control Mix:
1. A rapid-setting cementitious product specifically formulated for infiltration control.
17
2. Material shall have the following minimum requirements:
Compressive Strength
Compressive Strength'
Bond
Bond
C. Grouting Mix:
ASTN C-109
ASTM C-109
ASTM C-321
ASTM C-321
1 hr
24 hr
1 hr
24 hr
600 psi
1,000 psi
30 psi
80 psi
1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and
filling voids.
D. Liner Mix:
2. A rapid setting chemical grout specifically formulated for stopping very active infiltration.
1. A fiber-reinforced pure-fused calcium aluminate cement and calcium aluminate aggregate to be
~wetmixed_aodJow pl~R~W~.~Pf;3Y..<!ppl!e.dt<?form th~ $tructuraV~tructurally ~nhanc~d monolithic
cementitious liner covering all interior manhole surfaces:' Liner' rT~aterialto""!ic" . 2a:-'~,se
SewperCoat PG or a pre-approved equal.
2. Material shall be pre-mixed and specially formulated to withstand H2S (hydrogen sulfide)
bacterial corrosion and abrasion in sewer netv.lorks.
3. Material shall have the following minimum requirements:
Compressive Strength
Compressive Strength
Compressive Stfength
Compressive Strength
Flexural Strength
Flexural Strength
. Shrinkage
E. Bonding Compound:
ASTM C-1 09
_ ASTMC-495
ASTMC-495
ASTMC-495
ASTM C-293
ASTM C-293
ASTM C-596
6 hr 1,400 psi
1 day> 8,000 psi
7 day> 9,000 psi
28 day> 9,000 psi
12hr > 1,000 psi
28 day> 1,400 psi
o percent at 95% R.H.
Material shall be a modified cementitious bonding compound that protects exposed reinforcement
steel and enhances bond of overlay to substrate.
F. Water.
Water shall be clean and potable.
PART 3: EXECUTION
3.01 MANHOLE PREPARATION
A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines.
B. Remove foreign loose and unsound concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
C. Loose, unsound, and protruding concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
. \ .
D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum) w$ter spray,
using detergent, muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other
contaminants that would prevent good bond between the existing manhole interior surface and the
liner material.
18
E. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated
infiltration control mix.
F. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting
mixes specially formulated for control of very active infiltration.
G. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in
accordance with the product manufacturer's instructions and recommendations.
H. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance
with the product manufacturers instructions and recommendations.
\. Areas of manholes that are found to be structurally damaged and in need of repair beyond the scope
of this specification shall be brought to the attention of the Engineer. A suitable repair method shall
be developed for each area and submitted to the Engineer for review prior to comme!lcing the repair.
.,...-..L:..... r.-'-
J.
Prepai'e, c1ean;and repainnanliele-,benche.s"and inverts in the s;3[QE;l \1"\anQ~r.~~ pre;scri?ed a1;r."/e.
. . ., .. . . . -. ,;.~.,--~,-..... . '.' ._, .'
3.02 LINER APPLICATION, CURING AND TESTING
A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply Ilner mix to
manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product
manufacturer's instructions and recommendations.
B. Liner application shall be 0.5 inch minimum thickness. The application shall be completed with a
minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate
and be trawled to c~mpact the material into voids and set the bond. The second coat shall b.e
applied to ensure complete coverage at the specified 0.5 inch minimum thickness.
C. Inverts shall be lined with patching mix, trowl applied in one coat to a 0.5 inch minimum thickness.
D. Prepare, label and submit recommended daily or per lot test specimens for testing.
3.03 CLEANING
A. Clean manhole interiors and remove all construction-related materials, equipment and appliances
from the manholes prior to reinstatement of the manholes to service.
PART 4: MEASUREMENT AND PAYMENT
4.01 MANHOLE INTERIOR LINING
A. Measurement
Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior
surface lined at 0.5 inch minimum thickness.
B. Payment:
Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface
lined times the unit price bid per vertical foot of manhole interior lining.
C. Incidentals:
All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the
unit price bid per vertical foot of manhole interior lining.
19 '.
2 MANHOLE STRUCTURAL REPAIRS
A. Measurement
No measurement will be made for payment for manhole structural repairs.
B. Payment:
All costs for manhole structural repairs must be included in price per vertical feet of manhole lining.
:a-,,:-.ot',,"
,._io ,_ _
<.- ,~'.
. ~ -I?,.,
'-
?n
j:
rt IV: Contract lnformationJRequirements:
MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS
The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation
Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand
(4000) sanitary sewer manholes and 50 lift stations, in the State of Florida, utilizing a system that offers pure
fused Calcium Aluminate.
The selected contractor will be responsible for Knowledge of and compliance with all relative local, state, and
federal codes and regulations.
The installer must include in the bid a list of Twenty five (25) refere.nces, for which manhole, lift station, or Viet
well rehabilitation contracting services have been provided within the last Seven (7) years. At least Ten (10) of
these references must be current, having had installatioM within the previous Three (3) years. A contact
person and telephone number must be provided for each.
-'For all work performed .under/;hl.s contract, tM successful Contractor shaH provide a competent job-site
supervisor and any necessary assistants, all approved bYlhe.Wasfe Water Departl118nto'f 02\iClyl;r.u,,;h. " 'Ie
job-site supervisor shall be present at all times while work is in progress. The job-site supervisor shall
represent the Contractor at all times while all directions given him shall be binding as per the contract
documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation
of Sanitary Sewer Manholes, lift Stations, and Wet Wells utilizing a product that consists of a pure fused
Calcium Aluminate Cementitious Liner.. .
TERMS OF CONTRACT
1is Contract will com~ence on ~he date of award and be in effect for one (1) year.
CONTRACT RENEWAL
The City retains the right to renew this contract with the consent of the vendor, under the same terms and
conditions for four (4) additional one (1) year periods, renewable annually. Any price adjustments requested by
the Contractor will be based on the consumer-price-index (CPI) and amendment to the agreement to be
processed and approved by the City Commission.
All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on
the annual change to the Consumer Price Index~Southern states for the immediate twelve-month period
preceding the renewal of the Agreement. The value of this annual adjustment will be determined by the
Owner. If the City determines to renew this Agreement, it shall provide the Contractor written notice of such
renewal thirty (30) days period to the termination of the contract term, then in effect.
TERMINATION
Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City as per
the Technical Specifications, the City may terminate this Agreement immediately for cause; further the City
may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge
of non-performance.
METHOD OF AWARD
The general criteria that will be used for the evaluation of this bid is set forth in the general bidding
requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to
the most qualified, responsible bidder to whom the City (on\basis of City's evaluation as hereinafter provided)
makes an award that is the most advantageous to the City. The City's evaluation of the bid shall taKe into
consideration the cost (total. unit price, or combination of both), City prior experience with bidder, demonstrated
expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in
a timely manner.
21
PART V - MEASUREMENT AND PAYMENT
SCOPE
A. Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full
and complete payment for furnishing all materials, labor, tools and equipment, and for performing all
operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells
by various trenchless methods as authorized by the City. The City will establish an annual renewable
contract for these services with the successful bidders as described in the Bid Specifications pages 17
through 24.
The unit prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportation.,ch~rges and expenses, patent fees and royalties,
labor for handling materials during inspection, together with any and all other costs and expenses for
performing and completing the work as shown on the details and specified herein. The Basis of
~Payment for an .item at the...pri.ce shov:/n in the Proposal. Bid Form shall be in accordance with its
description of the item in this Secti'On an'dasrelatea to the Wbrk'sp-ecified.A:lnlt-priceswj':;b~,;<,::;':'2".tJ.':":t
the actual quantities furnished and installed in conformance with the Contract Documents.
B, The Contractor's attention is called to the fact that the quotations for the various items of work are
intended to establish a total price for completing the work in its entirety, Should the Contractor feel that
the cost for any item of work has not been established in the Proposal Bid Form or this Section, the
cost for that work shall be included in some other applicable Bid item, so that the Proposal for the
projectreflects the total price for completing the work in its entirety? '
No separate payment will be made for the following work if required and its cost shall be included' in
appropriate payment items:
. Applications and pulling of all utility and construction permits;
. Dewatering and disposal of surplus water;
. Structural repairs;
. Cleanup;
. Testing materials and apparatus;
. Maintenance of utility service;
. Appurtenant work;
. Inspection Photo Records
. Maintenance of Traffic.
The following paragraphs will clarify the work included for the items listed in the Proposal Bid Form.
MEASUREMENT
The quantities for payment under this Contract for each Work Order authorized shall be full
compensation determined by actual measurement of the completed items, in place, ready for service
and accepted by the City unless otherwise specified. The City will witness all field measurements.
When depths are indicated in the bid items, they shall be measured vertically from the existing grade,
paved or unpaved, to the pipe invert.
It is intended that all work required to complete this Work will be included in the various bid items as
described in the following paragraphs.
1. ADD MOBILIZATION/DEMOBILIZATION
The mobilizationJdemobilization cost is applied if a work order has less than 10 sewer
manholes or less than 750 square feet (SF) of-wall to be rehabilitated for the work order, this
cost item shall be included for payment to the Contractor for the additional
'.
22
I,
mobilization/demobilization costs which becomes significant with the smaller project work
orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be
rehabilitated.
2. CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION
This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or
60-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be
made from the bench, at its highest point, to the upper limit of actually treated wall, cone or
chimney. Payment of the unit price per vertical foot will provide complete compensation for
cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic
pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into
the manhole, if necessary; furnishing and supplying of all materials or combination of materials
making up the patching and coating (waterproofing) and applying or installing them;
manufacturer's representative's presence or assistance, if required; isolation of the manhole by
plugging entering lines; testing; safety eqt,Lip.ment; and all incidentals necessary to obtain a
watertight, sealed manhole wall and bench, complete in place. .
Payment for bypass pumping, if required (other than because of damage caused by
- Contra'c\:or); will be paid for-ui'l'dei' a sepmate item. --<.,.." ""'>-
CEMENTITIOUS LINING OF LIFT STATION/WET WELL SURFACES
This Item of work will be measured and paid at the unit price per square foot of wall in a lift
station or wet well. Measurement will be made 0 the actual surface area repaired. Payment of
the unit price per square foot will provide compensation for cleaning of the wall by both
pressurized water and sand or soda media blasting methods; relief of hydrostatic pressure .
outside the structure if necessary; injecting chemical grout to stop active infiltration, if
necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all
materials or combination of materials, including liner manufacturer's representative's presence
or assistance"jf ,required; isolation of the lift station or wet well by plugging entering lines;
testing; safety equipment for personnel; labor, tools and equipment; and all incidentals
necessary to obtain a watertight, sealed wall and bench complete in place.
Payment for bypass pumping, if required (other than because of damage caused by the
Contractor); will be paid for under a separate item.
3. BYPASS PUMPING OF SEWERS
a. BYPASS PUMP AND PIPING SETUP
These pay items provide complete compensation for bypass pumping operations required
for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to
perform the rehabilitation sewer work without bypass pumping. However, if in the opinion
of the City bypass pumping is necessary, it will be identified as a payment item. The pay
item is a one-time charge for all bypass pumping setup operations during a given lining
installation, including services, regardless of the number of pumps required. Bypass
pumping shall be bid on the basis of sewer size which is bypassed.
These items shall include, but are not limited to: all necessary and required traffic control;
pumps; piping; gasoline/diesel fuel; maintenance; transportation and storage; temporary
bypass and service piping; labor; materials and/or any other costs associated with bypass
pumping.
Plugging or blocking a sewer line shall be included in the appropriate bid item for which the
flow must be stopped, this is considered incidental work and no additional payment shall
be considered.
b. BYPASS PUMP \
These items shall be paid for on a per day basis for operation of the bypass pumps.
Bypass pump operation shall be bid on the basis of the size of the pump used. These
items shall include fuel operating costs.
23
4. ADJUSTING EXISTiNG MANHOLE CASTINGS
These pay items provide complete compensation for furnishing all necessary labor, equipment
and material to adjust existing manholes to match existing elevations.
5. FURNISH NEW MANHoLE R.ING AND COVER
This pay item provides complete compensatibn for furnishing new manhole ring and covers as
specified by the City to be installed under pay item 4.
6. RECONSTRUCT BENCH AND FLOW CHANNEL
This item provides complete compensation for. all necessary labor, equipment and material
required to re-construct a complete bench and flow channel, as required per the City's
minimum standards.
7. INSTALLATION OF CHIMNEY SEALS
This pay item provides complete compensation for fumishing all labor, equipment and material
required to install manhole chimney seals.
8. RE:'INS"rALL P1JMP'BASES"". ..'<._. .,. .
These pay items will include complete compensation for furnishing all necessary labor,
equipment and material required to re-anchor existing pump bases, where, under the opinion
of the owner's representative, is required.
9. INSTALLATION OF INTERIOR PVC DROPS
These pay items provide complete compensation for furnishing all labor, equipment and
material required to install interior PVC drop piping.
10. REMOVAL OF-EXISTING COATINGS
This item provides complete compensation for fumishing all necessary labor; equipment and
materials necessary to remove any existing coatings that may exist in full or any portion of an
existing structure.
11. REMOVE AND REPLACE EXISTING PIPING AND VALVES
This item provides complete compensation for fumishing all necessary labor, equipment and
materials necessary to remove and replace all existing piping, check valves, plug valves and
all miscellaneous material required for this installation, This work will start at existing pump
bases and will terminate prior to where discharge piping exits existing valve vault. All work
shall complywith City of Delray Beach minimum standards.
"
24
MANHOLE/LIFT STATION REHABILITATION
BY CEMENTiTIOUS LINING
SCHEDULE OF PRICING
BID FORM
ITEM
~
1.) MobilizationlDemobilization
Lift Station Surface Rehabilitation by Cementitious Lining
~80 ,CD
~~O,tO
, 'tD
liD'
3q 3 ' Q>
8lol, ro
(~.tn
each
a. Mobilization/Demobilization if less than
10 manholes or less than 750 SF per job work order
Cementitious lining of Briel< Manhole - 48" Diameter
per vertical foot
2.)
3.)
4.)
5.)
6.)
Cementitious lining of Pre-cast Manhole - 48" Diameter
per vertical foot
Cementitious ling of Briel< Manhole - 60" Diameter
per vertical foot
- ~~
Cementitious lining of Pre -cast Manhole - 60" Dianieter
.. pel v,;,t.:,,: ',:;.<
per square foot
7.) Sewer By-Pass
By-Pass Pump Setup with Bypass Pumping
6"
tD
~rtXJ each
3CCX) ,en each
S (XX) . en
each
~
~OW' each
I So,lYJ per day
8cv' 6b
per day
a~D' CO
per day
2Joo' CO
per day
'100' lb
each
bOO' to
each
!SOD' t!lJ
each
tb
600' each
!!f)Q,r:D each
600'~ each
S~O' OJ each
jQ5o' (j)
each
a. Bypass 8" Sewer Setup
b. Bypass 10' to 12" Sewer Setup
!" .,
c. Bypass 15" to 18" Sewer Setup
d. Bypass 24" Sewer Setup
e. Bypass 4" Pump
f. Bypass 6" Pump
g. Bypass 8" Pump
h. Bypass 10" Pump
8.) Adjust Existing Manhole Casting within Asphalt Pavement
9.) Adjust Existing Manhole Casting within Green Area
10.) Fu!":'ish New Ring and Cover
11.) Re-Construct Manhole Bench and Flow Channel
12.) Furnish and Install Manhole Chimney Seal
13.)
Re-Install Existing Pump base
4"
\
8"
25
14.)
15,}
16,)
17.)
18.)
Furnish and Install 6" pve Interior Drop
Furnish and Install 8" pve Interior Drop
Re-construct Lift Station Fillet
Removal of Existin'g Coating -,-
--<-q..
Remove and Replace Existing Piping and _
Valves, within Existing Submersible L.ift
Station through Existing Valve Vault
:- .,
2' to 4'
4' to 6'
6' to 8'
2' to 4'
4' to 6'
6' to 8'
6' Diameter
8' Diameter _
~'~."'.
1 0' Diameter -
4"
6"
8"
26
I) roo Cb
;.DJO ·
.5 - CD
CO'
0ev, tb
400,00
~OO ,(1)
'700, Cb
ro
IOQ>'
em
I~OO'
(J::J
1.300'
each
each
each
each
each
each
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-""""',DSIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAilURE TO DO SO SHAll BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2002-37
Openinq Date: Tuesday, Auqust 27, 2002
BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation
COMPAN Y NAMECAA7 f flu;:\~I"'\efsL 11. ~c. ,"-~DATE:0_rU 7Jl d:.
NAMEfT/TLE: ~e It GJ\:::\YOI ,')~G I~<!.:;d.ert:
AD DRESS:I'J, ?,ff,O :1nU ,Ie< (If', ~ ~ m'd (2c:R,c\ f 11.0
.;ITY \ /\ RJ \\ (\,rtF)r{' ,
STATE~ ZIP CODE :s3L}1 ~
FEDERAL TAX 1.0. #: loS - on[o ';l{nS t}
TELEPHONE: ( $ L 0 L
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*SIGNA TURE
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FACS/MILE (
---
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VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: GF\.Q L;\s
....-
TELEPHONE: ( gLo \
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Chaz Equipment
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'1
VI.-CONSENT AGENDA
ITEM 8.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION:A motion to award Bid# 046-2510-06/CJD "ANNUAL SUPPLY OF METAL CONTAINERS
AND ROLL-OFFS" to WASTE EQUIP d/b/a! INDUSTRIAL REFUSE SALES of Eaton Park, Florida for an
estimated expenditure of: $180,000.00.
CONTRACT PERIOD: AUGUST 1, 2006 TO JULY 31,2007
EXPLANATION: On June 21, 2006, Procurement Services received and opened (2) two proposals for the referenced
bid. Metal Containers are used for commercial/residential accounts for the purpose of refuse collection. Both bids
were reviewed by the Solid Waste Department and it was determined that Waste Equip. d/b/a Industrial Refuse Sales
was the overall lowest, most responsible bidder who meets all specifications. Larry Quinn, Solid Waste Manager,
concurs with this recommendation (see attached memo #06-073). The provisions of this bid award will allow for a one
(1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance
and determination that the renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid was to establish an annual fixed price for the purchase of metal
containers and roll-otIs to be used throughout the City for commercial/multi-residential accounts for the purpose of
refuse collection.
FISCAL IMPACT:
ACCOUNT:
431-2515-534-52-74 (Dumpsters)
431-2515-534-64-19 (Roll-offs)
EXPENDITURE:
$90,000.00
$90,000.00
Last Year's Expenditure:
$170,000.00 (2005 - 2006)
The increased cost is attributed to the growth of the city, not only residential but commercial accounts.
ALTERNATIVES: The City has provided dumpsters for commercial refuse collection as well as residential refuse
collection for several years. The alternative would be not to provide them and have each resident and commercial
account provide their own container.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Larry Quinn - Solid Waste Manager
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Procurement Services
Deputy Director of Financial Services
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
C: Larry Quinn - Solid Waste Manager
File
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 06-073
RECEIVED
JUl - 6 2006
PROCUREMENT SERVIC:b
'---
FROM:
Bobby Jenkins, Assistant Finance Director 1t{\ .
Christine Roberts, Assistant Director of Public works(!jL
Larry Quinn, Solid Waste Manager ~
July 5, 2006
TO:
THRU:
DATE:
SUBJECT:
Bid - Annual Supply of Metal Containers and RolI-Ofts
I have reviewed the bid tabulation sheets for the Annual Supply of Metal
Containers and Roll Ofts. The bids were very close in price but based on the
12-month price guarantee provided by Waste-Quip, it is my recommendation
that they should be awarded the contract.
The account number for the blanket is 431-2515-534-64-19 in the amount of
$180,000.
:jam
Cc: PW Files
SIPWICorrespondence\2006 Memos - Interdepartmental & Interofficel06-073 Bid-Annual Supply of Metal Containers. doc
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BIDDER ACKNOWLEDGEMENT
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City): MAY 22, 2006
Bid Title: "ANNUAL SUPPLY OF METAL CONTAINERS"
Bid Number:
#046-2510-06/CJD
Bid Received By:
JUNE 21, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: JUNE 21, 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 bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
WASTEOUIP MANUFACTURING COMPANY
DBA INDUSTRIAL REFUSE SALES
72:-31Q)6211
Federal ID. Number:
A Corporation of the State of:
OHIO
Area Code:
Rf\f\
Telephone Number:
665-6507
Area Code:
863
FAX Number:
667-0417
Mailing Address:
P - 0 - BOX 2 6 7 e
City/State/Zip:
RATON PARK, ,F~ 33640 2678
Vendor Mailing Date: 6 / 16 /06
2f~~D^
Authoriz ignature
C-;ARV M RT1"T'I\TP.R 1 ~AT.R~ MAI\TA{';F.R
Name Typed
TIDSPAGE TO BE SUBMITTED ALONG WITH PROPOSAL
18
SPECIFICATIONS
FOR
"ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS"
The purpose of this bid is to establish an annual fixed price for the purchase of metal containers
and roll-offs to be used throughout the City of Boynton Beach for commercial/multi-residential
accounts for the purpose of refuse collection. The estimated annual expenditure for this product
is $ 150.000.00.
Please place an (x) on the blank line next to each item if a specification is met. IT exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (pages 3-6) with the proposal sheet in order for a bid to be
considered.
METAL CONTAINERS
METAL CONTAINER DESIGN:
. X' All containers shall be of slope design so as to not damage top doors when emptying
\{ Steel box construction
j( Water tight with a minimum 1 W' drain plug flush with bottom of container
X' 10 gauge bottoms
X' 12 gauge minimum front, rear and end walls
x Containers with split lids to be high density polyethylene resin
PAINT:IDGH GRADE INDUSTRIAL ENAMEL PAINT TO BE USED (same color)
To insure protection from rust, the following paint procedure is required:
x All surfaces must be thoroughly cleaned to remove all grease, foreign matter and weld
slag
x Rust and rough edges shall be removed by gri.J?ding
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
3
SPECIFICATIONS continued....
Prime coal- 1.5 mils thickness when dry of epoxy resin compound of zinc cbromate and
.-X- iron oxide pigments catalyzed with a polyamide resin, one coat inside and outside
~ Finish coat _ High gloss epoxy enamel of the sarne film thickness applies to outside of
container
AI R nRY_ Oven haked in a convection oven olIgO degrees Fahrenheit for 45 minutes
-X- Color - Dark Green
SIZES:
The overall loading height of containers shall not exceed:
-X- 40" for a 2 yard container
-X- 44" for a 3 yard container
-X- 46" for a 4 yard container
--X- 46" for a 6 yard container
-X- 48" for an 8 yard container
ACCESSORIES:
.--1L 'Plastic material 2B Maarlex CLI00 - black in color, no less than three (3) hinge points
per lid section
x Constructed as to automatically close the top lids of containers when employing the
lifting arms without necessitating the operator to leave the cab of the truck
~ . External deep '"{" plates at pickup points -
n. ROLL-OFF METAL CONTAINERS: Open top construction/demolition, solid
waste collection/transport containers (must be designed for outside-rall and cable
loading)
The intent of these specifications is to describe four (4) different sizes of roll-off type open top
solid' waste collection and transport containers. This will include 10 yard through 40 yard
containers. The full capacity level for all size containers will be described as ''water, lever" or at
the top of the sides. The materials described are ttlinimum requirements.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
4
SPECIFICATIONS continued. . , .
CONSTRUCTION:
x Each item listed herein shall include all size containers mentioned above
x All sheet materials used in the construction shall be ''high carbon HIR steel"
x SIDES: Sheeting, shall be not less than 10 gauge HIR steel, all welding involved in side
construction that contains waste materials, shall be continuous on all horizontal seams
inside and out ,
x FLOOR: Plating shall be not less than seven (7) gauge HIR. steel with all seams
continuously welded when horizontal
x OUTER RAM: Shall be constructed of2" x 6" x 2/16" H/R carbon rectangular tubing
with the front comers of the body portion of the rails to be solid 1 ~"plate inserted 9"
into the tubing, each direction, for a total orI8", and a y-," rub rail plate w.elded to the
lower or bottom rail, the fu111ength of the rail continuously welded around top perimeter
x FLOOR SUPPORTS: Shall be at least 3" structural channel, located and welded at 16"
center
x REAR DOOR: Shall be constructed from 10 gauge HIR steel, reinforced with 6" x 2 74"
x 10 gauge formed channels framing the dOQr and reinforced 'with 2 channels vertically
and divided equally from center, continuous welding on all horizontal welds at top of
channels. Hinges shall connect to 8" x 7" gauge formed channel vertical side post, and
latch side post shall be 6" x 7" gauge formed channel post on body sides
x SAFETY: A safety chain and a safety pin with spring key will be installed at the bottom
of the rear door for security during transportlloading and unloading container
X' ROLLERS: There shall be two large rollers.6" x 9" constructed with not less than y,,"
thick walls and sides, with 1 y-," removable axles, equipped with grease fittings located at
both sides of the rear of the container
x There shall also be two large rollers located at each side of the front of the container,
designed contact hoist rails equipped with removable axles and grease fittings. Axles
shall be retained with cotter pins
X PICK-UP HOOKS: Shall accommodate standard cable hood-up systems, such as
"Galbreath" and will be constructed of 1 Y-," plate steel
--1L PAINT & COLOR: All containers shall be "sand blasted", ''vapor blasted" or "air
ground" and cleaned to remove mill scale and weld splatter and slag prior to any painting
or sealing
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
5
SPECIFICATIONS continued. ...
x
The bottoms and insides of containers shall be undercoated with TECTYL 300 Resin, rust
preventive, one (1) coat of good industrial primer, and two (2) full coats of ''Dark Green"
high gloss industrial I!rade enamel paint
NOTE: Anv unpainted surfaces shall be considered reason to reject any container
x
DOOR HINGES: Shall be constructed and fabricated of W' thick plate steel, and will be
10" x 9" on container side and 1 0" x 7" at the door side with a 1 7/16" solid round hinge
pin equipped with a grease fitting, and will be welded to the body and door with
continuous welds
x
PRICING: All pricing shall be based on each unit and carried into the total cost of each
size and a grand total of the bid
NOTE: The City of Boynton Beach reserves the right to determine how many, if
any, containers will be purchased as a result of this bid, and will regulate how many
containers may be purchased at anyone time.
SPECIAL CONDmONS:
N(.')
Certified engineering drawing by the manufacturer's engineering department, indicating
dimensions, gauges, designation of reinforcement and weight of each size container shall
be included with the bid
x
Containers will be ordered as needed
x
Bidders warranty will accompany all bids submitted
x
Bid price is to be firm for a period of twelve (12) months from date of awarding of bid
x. The Assistant Director of Financial Services may reneW the contract, at the same terms,
conditions, and prices, for an additional one (1) year period, subject to vendor acceptance,
satisfactory performance and determination that renewal Will be in the best interest of the
City.
x All prices to be quoted F.O.B. Boynton Beach, Florida
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
6
c--
THE DOCUMENTS
BEHIND THIS PAGE
MUST ACCOMPANY PROPOSAL
IN ORDER FOR SUBMITTAL
TO BE CONSIDERED
COMPLETE AND ACCEPTABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: n /1 n /0 n
The undersigned declares that he has carefully examined the specifications 'and is thoroughly
familiar with itS provisions and with the quality, type and grade of product/service called for.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
I METAL CONTAINERS':
EST.OTY.
SIZE
UNIT PRICE
10
10
i 20
20
20
2C.Y.
$ ,"uo 00
3C.Y.
. $ 441 00,
4C.Y.
$ 480.00
6C.Y:
'$640.00
Be.Y.
$ 717.00
THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTAnLE
19
Additional sets of lids with rods:
EST. OTY.
SIZE
UNIT PRICE
$ 35.00
$ 1'1.00
$ 35.00
$ 35.00 "
$ 35.00
10
10
f~,. . 10
10
10
2 C.Y.
3C.Y.
4C.Y.
6C.Y.
sc.Y.
B. ROLkOFF, METAL CONTAINERS:
"."... - .
. /" .
EST.OTY.
"\
sIzE ~\ DBSCRlPnON UNIT PRICE
~
\ ,~~
10 C.Y. \\, ""t:;'{;en- open}oll-off $ ,21,1 QO
'.'
5
25
20 C:Y.
Green - open rol1-off
$" ~(dR 00
,j
"-
5 30 C.Y. Green-openroll-off '~'~.:...,3l3~j 00
5
.
40 C.Y. Green - open roll-off $ 3736. 00
5 40 C. Y. Green - recycling roll.. $
off w/plastic doors ;, 4 880 . 00
ALL PRICES F.O~B. BOY.NTON BEACH
THE CITY RESERVES THE RlGH1\TO PURCHASE
ADDmONAL QUANTITIES IF NEED~D
It is :further agreed that the containers will be delivered within ~ calendar days from the date of
the Purchase Order from the City.
TillS PAGE TO BE SUBMIlTEn ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ,4CCEPTABLE
C,'
i
"1'1
Number of Bid Proposals submitted
Specification "check-off' sheets
(pages 3-6) submitted
Certified engineering drawing (indicating
dimensions, gauges, weight, etc.}included
Bidders warranty included
Bid price is to be firm for a period of
twelve (12) months from date of award
INmTS'T'RT AT. RRFUSE SALES
:METAL CONTAINER MANUFACTuRER
INDUSTRIAL REFUSE SALES
ROLL-OFF MANUFACTIJRER
WASTEQUIP MANUFACTURING COMPANY
DBA INDUSTRIAL REPUSESALES
COMPANY NAME
( 866 ) 665-6507
TELEPHONE NUMBER
(863.) 667-0432
FAX NUMBER
1
YES
Yes/No
NO
Yes/No
YES
Yes/No
YRS
Yes/No
FLS(CONTAiNERSIZE)
METAL CONTAlNER MODEL
rRS~OPEN TOP ROLL OFF
ROLL-OFF MODEL
9fib~. 'B~"
8'IGNATURE
GARY M.BITTNER
PRINTED NAME
SALES MANAGER
11TLE
No
E-Mail Address
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
ANTI-KlCKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton B~ach 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:
Qf~.~.~
NAME - S1 ATURE
Sworn and subscribed before me
this J;:} #) dayof tJ/nJ
,20 0 Co
Printed Information:
GARY M. BITTNER
NAME
SALES Mk'lAGER
TITLE
WASTEQUIP MANJFACTURING COMpANY
ORA TNntJ!=;T'RT 'U. RR'F'lJ!=;R !=;AT.R!=>
COMPANY
CD MM\~W!h'
.:* Nottft ~ @\il1A~ " ,!l
My ~~mffl,~~~I'b1l1@i",.7
-= -..
"oFFiCIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
22
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business?
X
No
Yes
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) IDSPANIC
( ) WOMEN
( ) OTHER
(specifY)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO B~ SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
NO
23
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition;
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
.~
As the person authorized to sign the statement, I..certify that this fIrm complies fully with
the above requirements.
0f~1vI.,~~~
Vendo' Signature
THIS PAGE TO BE SUBMITTED ALONCWITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24
!~0\"fYO,\
0\. '-
" , . ....}..
v ';...___.... I
>~-~:
'ON '8
VI.-CONSENT AGENDA
ITEM C.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 Ci ty Clerk's Office Meeting Dates in to City Clerk's Office
[8] August I, 2006 July 17,2006 (Noon,) 0 October 3, 2006 September] 8, 2006 (Noon)
0 August 15,2006 July 3],2006 (Noon) 0 October ] 7, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October] 6,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 2] , 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Approve resolution correcting a scrivener's error in the title of Resolution 05-108, 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. The title of Resolution 05-108 incorrectly
names the owner of the property as Anthony McCray. The correct name should be Military Trail Development
Group, LLC.
EXPLANATION:
The City Commission approved the Water Service Agreement at the June 20, 2006 City Commission meeting,
however, due to a scrivener's error in the title of the Resolution, the Resolution approving the Water Service
Agreement for Annexation with Military Trail Development Group, LLC, is required to be approved again.
PROGRAM IMPACT: None
FISCAL IMPACT:
None.
AL TERNA TIVES:
None.
-~c
Department Head's Signature
City Manager's Signature
Assistant to City Manager
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final FOnTI Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Otlice
[8] August I, 2006 July 17,2006 (Noon,) D Octobcr 3, 2006 September IS, 2006 (Noon)
D August 15, 2006 July 3 1,2006 (Noon) D October 17, 2006 October 2,2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November S, 2006 October 16,2006 (Noon),-
D September 19,2006 September 5, 2006 (Noon) D November 2 1,2006 November 6, 2006 (NooIlL
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business - /.
AGENDA ITEM [8] Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Approve resolution correcting a scrivener's error 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.
EXPLANATION:
The City Commission approved the Water Service Agreement at the June 20, 2006 City Commission meeting,
however, due to a scrivener's error in the title of the Resolution, the Resolution approving the Water Service
Agreement for Annexation with Military Trail Development Group, LLC, is required to be approved again.
PROGRAM IMPACT: None
FISCAL IMPACT:
None.
ALTERNATIVES:
None.
~
Ity Manager's SIgnature
Assistant to City Manager ~
ad's Signature
City Attorney
Department Name
City Attorney / Finance
S:\BULIETIN\FORMS\AGFND1\ ITEM REQUEST FO!{M[)()('
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND MILITARY TRAIL
9 DEVELOPMENT GROUP, LLC; PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area and consists of a 52 unit townhouse development located east of
14 Military Trail and north of Gateway Boulevard, the property more specifically described in the
15 legal description attached as Exhibit "A"; and,
16 WHEREAS, no additional construction will be required by the City to serve this
17 property.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23
Section 2.
The City Commission hereby authorizes and directs the City Manager
24 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
25 MILITARY TRAIL DEVELOPMENT GROUP, LLC, which Agreement is attached hereto as
26 Exhibit "B".
27
Section 3.
This Resolution shall become effective immediately upon passage.
28
1
S:\CA\RESO\Agreements\Water Service\Military Trail Water Service Agreement.doc
1
2 PASSED AND ADOPTED this _ day of August, 2006.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12
13 Vice Mayor - Carl McKoy
14
15
16
17 Commissioner - Robert Ensler
18
19
20
21 Commissioner - Mack McCray
22
23
24
25 Commissioner - Muir C. Ferguson
26 Attest:
27
28
29
30 City Clerk
31
32 (Corporate Seal)
2
S:\CA\RESO\Agreements\Water ServlCc\Military Trail Watcr Service Agreement.doc
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meetinq Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meetinq Dates
Date Final FormlVlust be:--1
Turned in to City C~r~'s office'
~ August1,2006
[] August 15,2006
[] September 6, 2006
[] September 19, 2006
July 17, 2006 (Noon.)
[] October 3, 2006
[] October 17, 2006
[] November 8, 2006
[] November 21, 2006
September 18, 2006,tflJoon)
July 31, 2006 (Noon)
October 2, 2006 (N~~)
August 14,2006 (Noon)
October 16, 2006 (Noon)
C)
~.r{\
--)
1-"'.)
September 5, 2006 (Noon)
November 6, 2006 (Noon)
[] Announcements/Presentations [] City Manager's Report
NATURE OF [] Adm inistrative [] New Business
AGENDA ITEM [] Consent Agenda [] Legal
[] Code Compliance & Legal []
Settlements Unfinished Business
~ Public Hearing []
RECOMMENDATION: Approval by Resolution R06- _ the adoption of the City Of Boynton Beach's
Community Development Block Grant (CDBG) 2006/2007 One Year Action Plan and the contracts for sub-
grantees to reflect the proposed expenditures as outlined in program impact.
EXPLANATION: The City Of Boynton Beach is in its tenth year of receiving Federal Grant Funds. The One
Year Plan has been developed with the activities recommended and approved and amended by the Commission
at their June 20th, 2006, and July 5th, 2006, meetings respectively.
PROGRAM IMPACT: The availability of much needed services that are eligible under the CDBG program and
provided to our community by various organizations.
Grant Amount $541,341
Aid to Victims of Domestic Abuse
Boynton Beach Faith Based CDC
Community Caring Center
Fair Housing Center
PBC Resource Center
R. M. Lee CDC
TOTAL SUB-GRANTEES
Awarded to Sub-grantees 6/20/06 & 7/5/06
15,000
62,500
49,400
5,000
25,000
72,000
$228,900
FISCAL IMPACT: The City Of Boynton Beach expects to receive $541,341 for FY 2006/2007, with $228,900
to be granted to six (6) sub-grantees. The remaining grant dollars will assist with administrative costs, provide
summer camp scholarships through the City's Recreation & Parks Department, and allow housing rehabilitation
and associated administrative costs.
ALTERNATIVES:
Community Improvement Division
Department Name
S:\Community Improvement\Agenda Requests\2006\CC8-1 CDBG Plan-Contracts,doc
1
2 RESOLUTION R06-
3
4
5 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
6 FLORIDA, APPROVING THE ADOPTION OF THE
7 CITY OF BOYNTON BEACH'S 2006-07 COMMUNITY
8 DEVELOPMENT BLOCK GRANT ONE-YEAR ACTION
9 PLAN; AUTHORIZING EXECUTION OF CONTRACTS
10 WITH GRANT RECIPIENTS AS OUTLINED IN THE
11 ACTION PLAN; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, the City of Boynton Beach is enlering into its tenth year of receiving
16 federal grant funds as an entitlement community; and
17 WHEREAS, a One- Year Action Plan has been developed with activities listed,
18 setting forth how the City intends to utilize the funds available to best address urgent needs,
19 which plan is attached hereto as Exhibit "A";
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach hereby approves the
26 adoption of the City of Boynton Beach's 2005-06 One Year Action Plan, which Plan is attached
27 hereto as Exhibit "A" and made a part hereof, and authorizes execnlion of contracts with granl
28 recipients.
29 Section 3. This Resolution shall become effective immediately upon passage.
S:\CA\RESO\06-07 One Year Plan (Corom Imp).doc
- 1 -
1
2 PASSED AND ADOPTED this day of August, 2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11
12 Vice Mayor - Carl McKoy
13
14
15
16 Commissioner - Robert Ensler
17
18
19
20 Commissioner - Mack McCray
21
22
23
24 Commissioner - Muir C. Ferguson
25
26
27
28 ATTEST:
29
30
31
32
33 City Clerk
34
35
36 (Corporate Seal)
S:\CA\RESO\06-07 One Year Plan (Comm Imp),doc
- 2 -
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2006 through September 30, 2007 to:
A. Provide programs in schools to students in Pre-K to 12th grade designed to prevent domestic
violence.
B. Identify children living in homes where domestic abuse is present.
C. Goals of the programs include:
1. Provide domestic violence education presentations for 5,000 students.
2. Provide safety planning for 130 students.
3. Provide support groups for 103 students.
O. Report the receipt of any income earned by the Agency to the ClO Manager within five (5)
working days before the receipt of the income. Any income earned by the Agency will be
considered program income and will be subject to ClO and U.S. HUO regulations and this
Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries................................................................................................ 12,062
FICA......................................................................................................... 923
Workers Compensation.............................................................................. .192
Health Insurance ......................................... ........ ............ ............... ........1,823
TOTAL............ ........ ........ ............................ .......................... ............. $15,000
B. Provide technical assistance to ensure compliance with CIO, U.S. HUO and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will
ensure compliance with U.S. HUO regulations, that planned activities are conducted in a
timely manner and verify the accuracy of reporting to CIO on program activities.
Page 15 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a
non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having
its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification
Number as 59-2486620.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities
specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or deSignee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of
October I, 2006 through September 30, 2007.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the ClD Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by ClO, the City or U.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the ClO
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to ClO. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. OpDOrtunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon ClD's request.
D. Evaluation and Monitoring
The Agency agrees that ClO will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to ClO, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by ClD, the City, or U.s. HUD on forms approved by ClO.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as ClD, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to ClO,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit ClD, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-UO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CIO. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the AmeriCans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by cm.
Items 9 through 14 above shall be transmitted to cm by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with COBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.s. HUD specifies.
N. Severabilitv of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraqing
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2006.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
AID TO VICTIMS OF DOMESnC ABUSE, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
Subject:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
From:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
-----------------------------------------------------------
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida
33425 and its Federal Tax Identification Number as 65-0971509.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
desire to provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block
Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein
contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
Page 1 of 16
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to:
A. Use Community Development Block Grant funding to continue and further advance its
Affordable Housing Development Initiative from October 1, 2006 through September 30,
2007 with:
1. Homebuyer education, counseling, and assistance in obtaining financing for first-
time homebuyers; and
2. Lot acquisition and single-family home construction; and
3. Project continuation of the Heart of Boynton Redevelopment Plan, and
4. Marketing events throughout the year.
B. Report the receipt of any income earned by the Agency to the CID Manager within five (5)
working days before the receipt of the income. Any income earned by the Agency will be
considered program income and will be subject to ClO and U.S. HUD regulations and this
Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Portion of the Deputy Director Salary..... ...... ....... ................................... 27,500
Homebuyer Counselor Salary................... .............................................. 35,000
TOTAL............................................................................................. ...$62,500
B. Provide technical assistance to ensure compliance with ClO, U.S. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned. activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by ClO staff or its
contractor, and will ensure compliance with U.s. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to ClO on program
activities.
Page 15 of 16
4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORPORATION
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CIDr perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $62,500.00 for the period of
October I, 2006 through September 30, 2007.
Page 2 of 16
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by u.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Page 3 of 16
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
Page 4 of 16
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by cm and the City and satisfactory audits by the Internal Audit
Oepartment of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CIO, CITY and U.s. HUO Requirements
CIO shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CIO, the City or U.s. HUO at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited tOt activities that require the prior written approval of the CIO
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1/000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
Page 5 of 16
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
Page 6 of 16
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to ClD upon ClD's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by ClD, the City, or u.s. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
Page 7 of 16
E. Audits and Inspections
At any time during normal business hours and as often as CIO, the City, U.s. HUO or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CIO,
the City, u.s. HUO or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CIO, the City, u.s. HUO, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMS A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMS A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMS Circulars A-HO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Oata Secomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CIO. Upon completion of all work contemplated
Page 8 of 16
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
Page 9 of 16
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicitv
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-llO, A-122 and A-133
Page 10 of 16
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
Page 11 of 16
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date u.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Page 12 of 16
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2006.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATfORNEY
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
By:
By:
[CORPORATE SEAL]
Page 14 of 16
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to:
A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED
HEREIN]
B. Report the receipt of any income earned by the Agency to the ClO Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to ClO and u.s. HUD regulations and
this Agreement.
II. The City Agrees to:
A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL
GRANT AMOUNT]
B. Provide technical assistance to ensure compliance with ClO, U.s. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by ClO staff or its
contractor, and will ensure compliance with U.s. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program
activities.
Page 15 of 16
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of
Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal
Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Division of Community Redevelopment
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC.
Page 1 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees, within the time line of October 1, 2006 through September 30, 2007, to
provide the following services:
A. Food Pantry at the Community Caring Center office and at the Boynton Beach Senior Center.
B. SHARE (Self Help and Resource Exchange) Program at the Ezell Hester Center.
C. Financial Aid for transportation, utility bill payment, rent and/or mortgage assistance, and
medication vouchers.
D. Nutrition Education to kindergarten students.
E. Volunteer caregiving for the frail and elderly (Faith in Acton Program), to include advocacy
regarding nutrition, food, aging, and domestic violence.
F. Referral services.
G. Hurricane recovery financial aid, food vouchers at the Beacon Center, and long term hurricane case
management.
H. Homeless outreach program partnering with Grace Community Church.
I. Food Stamp community partnership with DCF assisting clients to obtain food stamps.
J. Report the receipt of any income earned by the Agency to the cm Manager within five (5) working
days before the receipt of the income. Any income earned by the Agency will be considered
program income and will be subject to cm and u.s. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries................................... ......... ................... ................................. 35,400
(15% of the Executive Director's Salary; three (3) part time case managers)
Utilities ........... ................................. ............ .......... ...... .......... ................ 1,000
Insurance.............................................................................................. 6,000
Food Pantry Auto Insurance.................................................................... 3,000
Mortgage....... ..... ............... . .. . .. .... .................. . .. ...... ....... .. .... ........ ........ .. 1,000
Audit..................... ................................................................................ 3,000
TOTAL............................................................................................... .$49,400
B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by cm staff or its
contractor, and will ensure compliance with U.s. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program
activities.
Page 15 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $49,400.00 for the period of
October I, 2006 through September 30, 2007.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part N, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify cm in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CIO, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CIO, the City or U.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CIO
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDSG funds must be
reported to CIO. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.s. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Particioation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated' by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-11O, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by OD.
Items 9 through 14 above shall be transmitted to cm by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension"
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
, 2006.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[ Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # I requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2006, through September 30, 2007:
A. Operate a toll free hotline providing counseling information, investigation and referrals.
B. Conduct four (4) Fair Housing workshops for community based organizations, civic
groups, electronic/print media, financial institutions and others in the housing industry.
C. Network with public and private agencies to jointly address fair housing issues.
D. Assist the City Of Boynton Beach in formulating its Action Plan to meet its responsibility to
"Affirmatively Further" fair housing.
E. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and U.S. HUD regulations and
this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Portion of Program Director's Salary .........................................................2,116
Portion of Fair Housing Specialist Salary ...................................................1,539
FICA...... ..................................................................... ..............................662
Workers Compensation ................................................................................73
Office Space Rental.................................................................................... 610
TOTAL.............................................. ................................................... $5,000
B. Provide technical assistance to ensure compliance with OD, U.s. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by OD, be conducted by OD staff or its
contractor, and will ensure compliance with U.S. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to OD on program
activities.
Page 15 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM
BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State
of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and
its Federal Tax Identification Number as 65-0972629.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide
the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER
PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant
Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is
agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Division of Community Redevelopment
4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
Page 1 of 16
5) "cm Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of
October I, 2006 through September 30, 2007.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. lime of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to cm for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
Invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with cm. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to cm. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton' Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CIO upon CIO's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CIO, the City, or u.s. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to cm within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CIO. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the COBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CIO provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Particioation
Agency shall cooperate with CIO in informing the appropriate COBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CIO or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUO in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Oocuments
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by cm.
Items 9 through 14 above shall be transmitted to cm by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
, 2006.
ATIEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATrORNEY
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
PALM BEACH COUNTY RESOURCE CENTER
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2006 through September 30, 2007:
A. Provide management and technical assistance to small businesses located within the City
Of Boynton Beach.
B. Provide procurement assistance to minority owned businesses located with the City Of
Boynton Beach by providing certification packages, estimating assistance, access to plans
room, opportunity matching, and dissemination of Dodge Reports.
C. Provide management and marketing assistance to businesses participating in the program
by providing assistance in developing business plans, feasibility studies, strategic analysis,
incorporation services and the coordination of procurement and special events.
D. Provide financial services in the form of loan packaging, surety bond packaging, letter of
credit requests, and data modification packages.
E. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and U.S. HUD regulations and
this Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Initial Program Setup Costs (Labor & Materials) ........................................ 4,000
Plans Room Update & Opportunity Identification ....................................... 2,500
Completion of packages............................................................... ......... 18,500
(Certification~ loan~ business plans, incorporations, take-offs & financial projections)
TOTAL............................................................................................... .$25,000
B. Provide technical assistance to ensure compliance with ClD, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will
ensure compliance with U.S. HUD regulations, that planned activities are conducted in a
timely manner and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY RESOURCE CENTER
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and PALM BEACH COUNlY RESOURCE CENTER, a non-
profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its
principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax
Identification Number as 65-0880746.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and PALM BEACH COUNlY RESOURCE CENTER desire to provide the activities specified
in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNlY RESOURCE CENTER to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Division of Community Redevelopment
4) "The Agency" means PALM BEACH COUNlY RESOURCE CENTER
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the cm Policies Procedures
6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of
October I, 2006 through September 30, 2007.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from ClD, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to ClD for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to cm. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies
and Procedures. No reimbursements will be made vvithout evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an, internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and u.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.s. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-HO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Prooerty
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date u.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to OD at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)( a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2006.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
PALM BEACH COUNTY RESOURCE CENTER
By:
By:
[CORPORATE SEAL]
Page 14 of 16
PALM BEACH COUNTY RESOURCE CENTER
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
-----------------------------------------------------------
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to:
A. Use Community Development Block Grant funding to continue its employment assistance
and education program, and the development of an elderly housing project from October
1, 2006 through September 30, 2007 as follows:
1. Begin the construction on a 15 unit elderly rental housing project by December 2006.
2. Assist 35 adults with life skills and employment training activities by September 30,
2007.
3. Conduct two (2) employment fairs or workshops by March 2007.
4. Provide community social service delivery to at least 40 households by September
2007.
B. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and U.S. HUD regulations and
this Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Program/Administrative Assistant Salary ...................................... ....... .... 25,000
Project Consultant.. .............................................................................. 30,000
Soft Costs ........ .............. ......... ............ ....... .......... ......... ......... ........ ...... 13,000
(Architectura~ engineering, etc.)
Accounting & auditing fees.. ............ ................ ...... .......................... ........ 4,000
TOTAL............................................................................................... .$72,000
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by aD, be conducted by CID staff or its
contractor, and will ensure compliance with U.S. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
THIS AGREEMENT, entered into this day of , 2006, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and R. M. LEE COMMUNITY DEVELOPMENT CENTER,
INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida,
having its principal office at 900 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax
Identification Number as 65-0937804.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNITY DEVELOPMENT
CENTER, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "aD" means Division of Community Redevelopment
4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $72,000.00 for the period of
October I, 2006 through September 30, 2007.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-06-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by u.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2007.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance. with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or u.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to ClD upon ClD's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling; budgets, audit reports and output
measures. The Agency agrees to furnish upon request to ClD, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.s. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Prooerty
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
I. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-B3
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by OD.
Items 9 through 14 above shall be transmitted to cm by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part Ill, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Aoreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2006.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, OTY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone ]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
~t#.\~Y~~~~
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....\........ ...
0.. .. .... (J
^~d
"'l' ~"0~
ON
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
[g] August I, 2006 July 17, 2006 (Noon.) D October 3, 2006 September 18,2006 (Noon)
D August 15, 2006 July 31,2006 (Noon) D October] 7,2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [g] Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Approval of Resolution No. 06 renewing an agreement with the Palm Beach
Community College and the City of Boynton Beach to provide for a continuation of our Fire Rescue Department as a
field training site for paramedic and EMT programs.
EXPLANATION: An integral part of an individual's training to become either an Emergency Medical Technician or
Paramedic requires a certain amount of field training, whether that training be in an emergency room or on a Fire
Rescue Unit. The Boynton Beach Fire Rescue Department has been a training site for EMT and Paramedic clinical
rotation for over 20 years. This agreement formalizes a cooperative relationship between the City and the District
Board of Trustees of Palm Beach Community College for an additional 3 year period of time.
PROGRAM IMPACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and
Paramedic students. Teaching others helps to keep our Fire Rescue Personnel's skills at their highest level.
Monitoring and working with these students also becomes beneficial when hiring new recruits. Observing an
employee's behaviors and interactions with other crew members and the public provides a window into how that
potential employee will fit in with our rescue team personnel.
FISCAL IMPACT: None
AL TERNA TIVES: Allow another agency to assume the training activities a d lose the benefits mentioned above
~
.Department Head's Signature
ity Manager's Signature
Assistant to City Manager ~
Fire Rescue Department
Department Name
City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 THE FIRST AMENDMENT TO THE AGREEMENT
6 BETWEEN THE DISTRICT BOARD OF TRUSTEES OF
7 THE PALM BEACH COMMUNITY COLLEGE;
8 AUTHORIZING THE CITY MANAGER TO EXECUTE
9 THE FIRST AMENDMENT TO THE AGREEMENT
10 BETWEEN THE CITY OF BOYNTON BEACH AND
11 THE DISTRICT BOARD OF TRUSTEES OF THE PALM
12 BEACH COMMUNITY COLLEGE; AND PROVIDING
13 AN EFFECTIVE DATE.
14
15 WHEREAS, On August 14, 2003, the City Commission approved a three (3) year
16 Agreement with District Board of Trustees of the Palm Beach Community College, which
17 provides education and training of students in the Paramedic and EMT programs; and
18 WHEREAS, upon recommendation of Boynton Beach Fire Rescue, it is desired to
19 renew said Agreement for an additional three (3) year term.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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 Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct execution by the City Manager of the First Amendment to
27 Agreement between the City and The District Board of Trustees of the Palm Beach
28 Community College, a copy of said Agreement is attached hereto.
29
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESOlAgreements\First Amended AGreement PBCC EMT training(2006).doc
1
PASSED AND ADOPTED this _ day of August, 2006.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
32
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\First Amended AGreement PBCC EMT training(2006).doc
PALM BEACH COMMUNITY COLLEGE
CONTRACT SERVICES
.pbcr
4200 CONGRESS AVE.
LAKE WORTH. FL 33461-4796
56 J -868-3455 tel
561-868-3585 fax
mancusob@pbcc.edu
April 20, 2006
Mr. Mike Landreoss
City of Boynton Beach
100 E. Boynton Beach Boulevard, Fire Rescue
Boynton Beach, FL 33435-0310
Dear Mr. Landress:
The Paramedic/EMT clinical affiliation agreement between Palm Beach Community
College and your facility will expire in August 2006. The College would like to renew the
agreement so there is no lapse of contract.
In the past your department has used its own contract for our students to do their clinicals
at your site. Please submit a renewal contract to my office. If you prefer we will be happy
to use the College's standard affiliation agreement.
I would like to thank you for your generosity in providing valuable ride time for our
students in the past and look forward to working with you in the future. Please contact me
at 561-868-3455 if you have any questions.
S incerel y,
/1
/ ''/1
/'-' / ((;;. 6/[~..----r,--
I ~d'l / '----- ...... ~.
i .
Beryl A. Mancuso
Contract Specialist
\II1\/11lN.pbcc.edu
BELlE GLADE
BOCA RATON
LAKE WORTH
PALM BEACH GARDENS
WEST PALM BEACH
BOYNTON BEACH FIRE RESCUE
To; City Attorney's Office
From; Michael Landress, EMSC
CC: James Ness, Deputy Chief
Date: 5/17/2006
Re; Renewal of the PBCC Agreement
W) m:@~IIWm:\i\\
~ MAY l' till l!J
em 1IhQJwft
~r:~o
The Boynton Beach Fire Rescue Department is seeking to renew the contract with Palm
Beach Community College, regarding EMT and Paramedics clinical rotations. As you
know, this contract was first utilized in August of 2000, and has subsequently been
renewed every three years. We are looking to extend for an additional 3 years to August
of 2009.
It is our goal to have this item on the July 18th Agenda (see attachment). Thanks in
advance for your help.
~e.~~I~. . .
I v ~2r=.. -=::::- --==-.
Michael Landress, EMSC, BBFRD
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO:
Michael Landress, EMSC
CC:
James Ness, Deputy Chief
FROM:
Jamila V. Alexander, Assistant City Attorney!lJrI
DATE:
May 26, 2006
RE:
City of Boynton Beach ("City")! Palm Beach Community College
Pursuant to your inquiry of May 17, 2006, we have reviewed the proposed First Amendment
to the Agreement between the District Board of Trustees of the Palm Beach Community
College and the City of Boynton Beach for legal form. Office has determined that this
Agreement relating to EMT and Paramedics clinical rotations at Palm Beach Community
College is legally sufficient.
As no other back-up information has been provided to this office in connection with this
matter, be advised that we have only reviewed the legal form of the attached document. Please
assure that the content of the document is satisfactory, complete, and within the capabilities of
the City to comply.
Should you have any questions regarding the agreement or the comments above, please do not
hesitate to contact me.
JVA
H:\1990\900182.BBlMEMO 2006\Landress (PBCC Agreement).doc
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY
COLLEGE AND THE CITY OF BOYNTON BEACH
THIS FIRST AMENDMENT entered into this 14th day of August, 2006, by and between:
THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a
business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred
to as "CITY")
and
DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE,
with a business address of 4200 Congress Avenue, Lake Worth, Florida 33461, (hereinafter referred
to as "BOARD").
WITNESSETH:
WHEREAS, the parties hereto entered into an Agreement on August 14, 2003 to provide for
the education and training of students in the Paramedic and EMT programs ("Agreement"); and,
WHEREAS, the Agreement will expire on August 14, 2006, and the parties desire to extend
the Agreement for an additional three (3) year term.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, the City and Board agree as follows:
1. That the Agreement dated August 14,2003 is extended for an additional three (3) year
term up to and including August 14,2009.
2. In the event of a conflict between the Agreement and this First Amendment, this First
Amendment shall control.
3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto
which are not inconsistent herewith remain in full force and effect.
WITNESSETH:
ATTEST:
CITY OF BOYNTON BEACH
By:
City Clerk
By:
City Manager
C:\Docurnents and Settings\1andressm\Desktop\Amendment to PBCC Agreement.doc
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
DISTRICT BOARD OF TRUSTEES OF
PALM BEACH COMMUNITY COLLEGE
By:
CHAIRMAN
BY:
PRESIDENT
DATE:
C:\Documents and Settings\landressm\Desktop\Amendment to PBCC Agreement.doc
MEMORANDUM
TO:
WILLIAM BINGHAM, FIRE CHIEF
FROM:
SUE KRUSE, CITY CLERK
DATE:
AUGUST 2, 2000
RE:
RESOLUTION #ROO-I08
Attached please find a copy of the above resolution which was approved by the City
Commission on August 1, 2000 for your information and files. A copy of the signed
agreement will be sent to you when completely executed. Thank you.
\.b~
C: David Liu, Deputy Chief
Chuck Magazine, Risk Management
Arthur Lee, Human Resources
Mas!
\ \ch \main\shrdan nkta\cc\wp\memos\bingham.doc
II
RESOLUTION NO. ROO-It18
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE DISTRICT BOARD OF TRUSTEES OF THE
PALM BEACH COMMUNITY COLLEGE FOR THE
EDUCATION AND TRAINING OF STUDENTS IN
PARAMEDIC AND EMT PROGRAMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
upon recommendation of staff, has deemed it to be in the best interests of the
citizens and residents of the City of Boynton Beach to enter into an Agreement
between the City of Boynton Beach and The District Board of Trustees of the
Palm Beach Community College for the education and training of students in
Paramedic and EMT Programs, said Agreement being attached hereto as Exhibit
"An.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute
an Agreement between the City of Boynton Beach and The District Board of
Trustees of the Palm Beach Community College for the education and training of
students in Paramedic and EMT Programs, said Agreement being attached
hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately
upon passage.
PALM BEACH COMMUNITY COLLEGE
4200 Congress Avenue, Lake \Vorth. Florid<1 33461-4796
561/439-8298' Fax: 561/434-5062
VICE PRESIDENT WORKFORCE DEYELOPMP\T
July 6, 2000
Mr. David Liu
Deputy Chief of Operations and Training
City of Boynton Beach
100 E. Boynton Beach Boulevard, Fire Rescue
Boynton Beach, FL 33435-0310
Dear Mr. Liu:
At the regular meeting on June 20,2000, the District Board of Trustees of Palm Beach
Community College affirmed an agreement with your facility for Paramedic/EMT clinical
practicums.
Enclosed are two (2) signed originals of the agreement. Please have the agreements signed by an
authorized representative, return one original and retain the other for your files.
Thank you for your willingness to participate in this program by providing a clinical facility and
personnel to prepare qualified graduates. If you have any questions regarding this agreement,
please call me at 561-439-8211.
Sincerely,
(71.-. ;'4. Se ~.e.-~
JOM M. Schmiederer
Vice President Workforce Development
enc.
FLORIDA'S FIRST PUBLIC CO~lMUNITY COLLEGE
I I
LL ~'~ f.; (
1/t 0
AGREEMENT
THIS AGREEMENT, made and entered into by and between the DISTRlCT BOARD
OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE, 4200 Congress Avenue,
Lake Worth, Florida 33461, a public corporation under the laws of the State of Florida,
hereinafter referred to as "BOARD" and City of Boynton Beach, 100 E, Boynton Beach
Boulevard, Fire Rescue, Boynton Beach, FL 33435-0310, hereinafter referred to as
"DEPARTMENT".
WITNESSETH
WHEREAS, the parties hereto desire to enter into a contractual arrangement providing
for the education and training of students in the Paramedic and EMT programs.
NOW, THEREFORE, it is agreed between the parties hereto as follows:
1. BOARD, through its facilities at the Palm Beach Community College, has
undertaken to educate and train students in the Paramedic and EMT programs.
2. DEP ARTMENT agrees not to begin any training programs in the Paramedic and
EMT fields, conducted by the College while this agreement is in effect, without the prior
notification of BOARD.
3. The programs shall be under the auspice of Career and Technical Education.
4. The control of the program shall reside in the President of the Palm Beach
Community College with the assistance of the EMS/Fire Program Supervisor under the auspice
of Career and Technical Education. There shall be established a Business Partnership Council
who will counsel the said President and Supervisor responsible for the program.
5. This agreement shall continue for three (3) years from the date hereof unless
sooner terminated as hereinafter provided and may be renewed at the end of three (3) years by
1
the mutual consent of the parties hereto. In the event that either party desires to terminate the
arrangement prior to the three (3) year period, notice is to be given by the party desiring to
terminate to the other party in writing, but such termination shall not be effected until such time
as all then enrolled students have had an opportunity to complete their prescribed program,
although new enrollees shall not be accepted after receipt of notice of termination.
6. In the event that any action, suit or proceeding is commenced with respect to the
interpretation or enforcement of this Agreement, the prevailing party in such action, suit, or
proceeding shall be entitled to recover all costs, expenses and fees including, without limitation,
reasonable attorney's fees, incurred by such party in connection therewith in addition to any
other relief to which such party or parties may be entitled.
FURTHER, THE BOARD agrees to:
1. Accept eligible students in the program as regular enrollees of the Palm Beach
Community College, subject to the rules and regulations of the College.
2. Select a qualified faculty.
3. Provide a College approved course of study.
4. Consult with the designated staff of DEPARTMENT in selecting clinical
experiences for the students of the program. A list of students and their dates of attendance will
be provided to DEPARTMENT by the College.
5. Provide supervision for students participating in clinical experiences at
DEPARTMENT.
2
6. Adhere to the Policy and Procedures established by DEPARTMENT to include the
Exposure Control Plan for Bloodborne Pathogens and all related OSHA and Infection Control
Policies.
7. Cooperate with DEPARTMENT staff in all matters pertaining to these programs.
8. To the extent permitted by Florida law, Section 768.28, BOARD agrees to indemnify
and hold harmless DEPARTMENT from and against all claims, damages, losses,
judgements, and expenses, including reasonable legal fees and costs, if it is necessary for
DEPARTMENT to defend an action arising out of any alleged acts or omissions of the
paramedic students.
FURTHER, DEPARTMENT agrees to:
1. Provide necessary facilities for clinical experiences for proper Paramedic and/or
EMT instruction.
2. Cooperate in the assignment of students in DEPARTMENT, such assignments to
be made under the supervision of the College faculty.
3. Provide liaison between the DEPARTMENT administrator and the EMSlFire
Program Supervisor under the auspice of Career and Technical Education.
4. Provide suitable area at DEPARTMENT for conferences and group training
programs for the students.
5. Cooperate in obtaining guest lecturers from the staff of DEPARTMENT on
request of the EMS/Fire Program Supervisor under the auspice of Career and Technical
Education as schedule permits.
3
6. Provide all health examinations and immunizations required by the
DEP ARTMENT other than the basic physical examination and initial immunization required of
each student upon enrollment.
1.
following:
7. Cooperate with the College staff in all matters pertaining to these programs.
8. To the extend permitted by Florida law, Section 768.28, DEPARTMENT agrees
to indemnify and hold harmless BOARD from and against all claims, damages, losses,
judgements, and expenses, including reasonable legal fees and costs, if it is necessary for
BOARD to defend and action arising out of any alleged acts or omissions of the
Department staff.
FURTHER, BOTH PARTIES agree to:
Require that each Paramedic/EMT student at hislher own expense provide the
a.
b.
Uniforms
Meals
Laundry Service
Transportation
Physical examination and immunizations
Hospital and medical care
School Accident Insurance or evidence of such insurance protection
Professional Liability Insurance coverage of not less than $1,000,000 per
occurrence and $3,000,000 aggregate.
· Copy of Memo of Insurance is attached
c.
d.
e.
f.
g.
h.
[SIGNA TURES APPEAR ON THE FOLLOWING PAGE]
4
Contract begins
c; t{; /00
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~ iu.(W.~
Legal Counsel
(SEAL)
, and expires
& 6u 103
DISTRICT BOARD OF TRUSTEES OF
PALM BEACH COMMUNITY COLLEGE
~yL~
ChaIrman
By
ATTEST:
By Ck....--~f.trJk--
President
Date ~
City of Boynton Beach
By
c:lP I oLJJ 0 0
I
ATTEST:
By
Date
5
r~ --- - - - _____MEMORA~D!LM OF INSU_~A_!'JC~_
PRODUCER
, '1.lUr J. Gallagher & Co - Miami
J NW 53rd Street, Suite 350
Miami, FL 33166
ISSUE DATE (MM/DDIYY)
04/28/2000
THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE MEMORANDUM HOLDER. THIS MEMORANDUM DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY AFFORDING COVERAGE
(305) 592-6080
COMPANY
LETTER
A Chicago Insurance Company
INSURED
Students of the Allied Health Sciences
Courses of Participating Colleges of
the Florida Community Colleges
Risk Management Consortium
5700 SW 34th Street, Suite 1205
Gainesville, FL 32608
THIS IS TO CERTIFY THAT THE CERTIFICATE LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICH THIS
MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CERTIFICATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
CERTIFICATE NUMBER
EFFECTIVE EXPIRATION
DATE (MM/DDNY) DATE (MMIDDNY)
ALL LIMITS IN THOUSANDS
OCCUR.
GENERAL AGGREGATE S
PRODUCTS-COMP'OPS AGGREGATE S
PERSONAL & ADVERTISING INJURY S
EACH OCCURRENCE S
S
S
I GENERAL LIABILITY
NON-OWNED AUTOS
FIRE DAMAGE (MY one fire)
MEDICAL EXPENSE (Any one person)
COMBINED
SINGLE
LIMIT
BODILY
INJURY
(per person)
BODILY I
INJURY I $
(per accident) I
PROPERTY
DAMAGE
l$
AUTOMOBILE LIABILITY
$
Student Professional
A Liability.
AHC 4000021
08/26/1999 i 08/26/2000
I
$1.000 Each Incident
$3,000 Aggregate
I
. * Coverage includes College Faculty Members for instruction/supervision of students.
DESCRIPTION OF OPERA TlONSfLOCA TlONSNEHICLESfSPECIAL ITEMS:
Palm Beach Community College - Clinical Experience
MEMORANDUM HOLDER
City of Boynton Beach
100 East Boynton Beach Boulevard
Rnx 310
lton Beach, FL 33435
SHOULD THE ABOVE DESCRIBED CERTIFICATE BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
TO MAIL 30 DAYS WRITTEN NOTICE TO THE MEMORANDUM HOLDER
/'Wv1ED TO THE LEFT, BUT FAILURE TO MAIL SUCH N01lCE SI-W.L IMPOSE NO OBIJGATJ<:)-.j
OR llABlU1Y OF IWY KIND UPON "THE CCNlPIWY. rrSAGENTS OR REPRESENrAllVES.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to C itv C]erk' s Office
[8J August], 2006 July ]7,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August ]5,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report ,
-:
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 _._-~
[8J Consent Agenda Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 0 , ,--.
Public Hearing - '.
" . ,
RECOMMENDATION: Approve resolution No. 06-_ authorizing a Memorandum of Understanding (M06iwi~ih~
NCF&O, SEIU, Local ]227, Blue Collar Collective Bargaining Agreement for dependent insurance rates under the cover~
employees' present Blue Care HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance plans to be
independent of each other ("non-blended") and at rates as detennined respectively by the medical insurance carrier, Blue
Cross, Blue Shield of Florida (BCBS FL). The "non-blended" dependent rate changes effective] 0/1/06 would be as follows:
· 10.5% rate increase for HMO Dependent coverage
· 44.6% rate increase for Blue Choice PPO Dependent Coverage
· -1.0% rate decrease for Blue Options PPO Dependent Coverage
EXPLANA TION: The City pays the full amount of covered employees' individual medical insurance premiums; however,
employees are responsible for 100% of the dependent premium cost. Currently dependent rates are the same or "blended" for
all three (3) dependent insurance plans. In order to minimize the cost of health insurance coverage for dependents so rates
don't become so expensive that City employees cannot afford to cover their families, the recommendation for FY 2006/2007
is to split or "unblend" the rates for each of the three (3) plans. "Unblending" the rates will reduce the dependent medical
insurance cost to employees if they enroll in the Blue Options PPO as BCBS FL has offered a ]% reduction in dependent
rates for this plan. The Union has voted and agreed to ratifY this change.
PROGRAM IMPACT: There is a positive overall impact for employees by "unblending" the dependent medical insurance
cost as this will provide an opportunity for employees to realize a reduction in their dependent cost if they enroll in the PPO
Blue Options plan. The Blue Options PPO plan was introduced less than one (1) year ago and already 33% of covered City
employees are enrolled in this plan. Based on input and feedback from employees and insurance committee members, it is
anticipated that a significant number of employees will move from the other two (2) plans to the Blue Options PPO plan for
FY 2006/2007 during the upcoming annual open enrollment period.
FISCAL IMPACT: There is no fiscal impact to the City for Dependent Insurance Rates
ALTERNATIVES: Do not approve the MOU with the NCF&O, SEIU, Local ]227 and renew the City's BCBS FL medical
insurance contract with an across the board 10.7% "blended" rate for dependent premium on all three (3) plans. As a result
employees who are currently enrolled in the Blue Options PPO plan or those who change to the Blue Options PPO plan
during annual open enrollment will be subject to a 10.7% rate increase for dependent coverage rather than a ] % rate decrease.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Depa
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I Department Name
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City Manager's Signature
Assistant to City Manager ~
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
A MEMORANDUM OF UNDERSTANDING WITH THE
NCF&O, SEIU, LOCAL 1227 (BLUE COLLAR)
COLLECTIVE BARGAINING AGREEMENT
REGARDING INSURANCE RATES AND PREMIUMS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the NCF&O, SETIJ, Local 1227 have met to discuss annual
changes in insurance rates and have agreed to changes to the current collective bargaining
agreement as set forth in the attached memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the a memorandum of understanding with the NCF&O, SETIJ, Local 1227 (Blue
Collar) Collective Bargaining Agreement regarding insurance rates and premiums, a copy of
which is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
ATTEST:
Commissioner - Mack McCray
City Clerk
Commissioner - Muir C. Ferguson
S:\CA \RESO\NCF&O MOU Blue Collar.doc
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO NCF&O, SEIU, LOCAL 1227, BLUE COLLAR MEMBERS
WITH THE CITY OF BOYNTON BEACH
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the NATIONAL
CONFERENCE OF FIREMAN, OILERS, SEIU, AFL-CIO, LOCAL 1227 (the "UNION") agree
that effective October 1, 2006, and continuing in full force and effect through and including
September 30, 2007, that Article 41 of the Collective Bargaining Agreement shall be modified to
provide as follows:
1. That dependent medical insurance premiums under the present Blue Care HMO and
Blue Choice PPO plan coverage provided to bargaining units members are expected
to increase by 10.5% and 44.6%, respectively;
2. That the City shall make available to covered bargaining unit members a certain
"Blue Options PPO" group medical insurance plan under which the premiums for
dependent insurance coverage are expected to decrease by 1 %.
3. That as a result of the aforementioned anticipated changes in present dependant
insurance coverage premiums, the premiums for dependant insurance coverage no
longer will be "blended" so as to be the same under covered employees' Blue Care
HMO, Blue Choice PPO, and Blue Options PPO Group Medical Insurance plans;
4. That the premiums for dependent insurance under covered employees' present Blue
Care HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance plans
shall be independent of each other and at rates as determined respectively by the
medical insurance carriers;
5. That the City shall continue to pay the full amount of covered employees' individual
medical insurance premiums under any and all group medical insurance plans
available to bargaining units members;
6. That by this Memorandum of Understanding the Union is not waiving any future
rights to collectively bargain with regard to all bargaining units members' future
medical insurance pursuant to law and/or the respective Collective Bargaining
Agreements;
7. That all other provisions of the Parties' Collective Bargaining Agreements not subject
of this Memorandum of Understanding shall remain in full force and effect; and;
8. That the Parties have full legal authority to enter into this Memorandum of
Understanding.
S:\HR\MOUs\NCFO BC Insurance Rates.doc
IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding to be
signed by their duly authorized representatives on the _ day of , 2006.
FOR THE CITY OF FOR THE NCF&O, SEIU
BOYNTON BEACH
(1!:=::/?ll~p
NCF&O, SEIU AFL-CIO,
LOCAL 1227 (White Collar)
Kurt Bressner, City Manager
THE CITY OF
BOYNTON BEACH
Date
Date
1---7-0&
Janet Prainito, City Clerk
Date
S:\HR\MOUs\NCFO BC Insurance Rates.doc
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VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
.'j
0 0 ~-) "-'1
September 6, 2006 August 14,2006 (Noon) November 8, 2006 October 16,2006 (Noon) ~-/
~-._{ ......
(-- '. .....;::::'
0 0 --- .-~:' -1"'1
September 19, 2006 September 5, 2006 (Noon) November 21, 2006 November 6, 2006 (Noon)' w
',-
0 0 i-:"~
Announcements/Presentations City Manager's Report -~
;---.r...-
NATURE OF 0 Administrative 0 New Business "- Ti
.n~:D
AGENDA ITEM '-'<J -~Iq
[8J Consent Agenda 0 Legal '--.0 ::~;~
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve resolution No. 06-_ authorizing a Memorandum of Understanding (MOU) with the
NCF&O, SEIU, Local 1227, White Collar Collective Bargaining Agreement for dependent insurance rates under the covered
employees' present Blue Care HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance plans to be
independent of each other ("non-blended") and at rates as determined respectively by the medical insurance carrier, Blue
Cross, Blue Shield of Florida (BCBS FL). The "non-blended" dependent rate changes effective 10/1/06 would be as follows:
· 10.5% rate increase for HMO Dependent coverage
· 44.6% rate increase for Blue Choice PPO Dependent Coverage
· -1.0% rate decrease for Blue Options PPO Dependent Coverage
EXPLANATION: The City pays the full amount of covered employees' individual medical insurance premiums; however,
employees are responsible for 100% ofthe dependent premium cost. Currently dependent rates are the same or "blended" for
all three (3) dependent insurance plans. In order to minimize the cost of health insurance coverage for dependents so rates
don't become so expensive that City employees cannot afford to cover their families, the recommendation for FY 2006/2007
is to split or "unblend" the rates for each of the three (3) plans. "Unblending" the rates will reduce the dependent medical
insurance cost to employees ifthey enroll in the Blue Options PPO as BCBS FL has offered a 1 % reduction in dependent
rates for this plan. The Union has voted and agreed to ratify this change.
PROGRAM IMP ACT: There is a positive overall impact for employees by "unblending" the dependent medical insurance
cost as this will provide an opportunity for employees to realize a reduction in their dependent cost if they enroll in the PPO
Blue Options plan. The Blue Options PPO plan was introduced less than one (1) year ago and already 33% of covered City
employees are enrolled in this plan. Based on input and feedback from employees and insurance committee members, it is
anticipated that a significant number of employees will move from the other two (2) plans to the Blue Options PPO plan for
FY 2006/2007 during the upcoming annual open enrollment period.
FISCAL IMPACT: There is no fiscal impact to the City for Dependent Insurance Rates
ALTERNATIVES: Do not approve the MOU with the NCF&O, SEIU, Local 1227 and renew the City's BCBS FL medical
insurance contract with an across the board 10.7% "blended" rate for dependent premium on all three (3) plans. As a result
employees who are currently enrolled in the Blue Options PPO plan or those who change to the Blue Options PPO plan
during annual open enrollment will be subject to a 10.7% rate increase for dependent coverage rather than a I % rate decrease.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
I ( tC~
~.kur1~/l1 <LeiJt171LUM
Department Name
J&~
City Manager's Signature
Assistant to City Manager ~
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
A MEMORANDUM OF UNDERSTANDING WITH THE
NCF&O, SEIU, LOCAL 1227 (WHITE COLLAR)
COLLECTIVE BARGAINING AGREEMENT
REGARDING INSURANCE RATES AND PREMIUMS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the NCF&O, SEIU, Local 1227 have met to discuss annual
changes in insurance rates and have agreed to changes to the current collective bargaining
agreement as set forth in the attached memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the a memorandum of understanding with the NCF&O, SEIU, Local 1227
(White Collar) Collective Bargaining Agreement regarding insurance rates and premiums, a
copy of which is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 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
S:\CA \RESO\NCF&O MOD White Collar.doc
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO NCF&O, SEIU WHITE COLLAR MEMBERS
WITH THE CITY OF BOYNTON BEACH
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the NATIONAL
CONFERENCE OF FIREMAN, OILERS, SEIUAFL-CIO, LOCAL 1227 (the "UNION") agree
that effective October 1, 2006, and continuing in full force and effect through and including
September 30,2007, that Article 37 of the Collective Bargaining Agreement shall be modified to
provide as follows:
1. That dependent medical insurance premiums under the present Blue Care HMO and
Blue Choice PPO plan coverage provided to bargaining units members are expected
to increase by 10.5% and 44.6%, respectively;
2. That the City shall make available to covered bargaining unit members a certain
"Blue Options PPO" group medical insurance plan under which the premiums for
dependent insurance coverage are expected to decrease by 1 %.
3. That as a result of the aforementioned anticipated changes in present dependant
insurance coverage premiums, the premiums for dependant insurance coverage no
longer will be "blended" so as to be the same under covered employees' Blue Care
HMO, Blue Choice PPO, and Blue Options PPO Group Medical Insurance plans;
4. That the premiums for dependent insurance under covered employees' present Blue
Care HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance plans
shall be independent of each other and at rates as determined respectively by the
medical insurance carriers;
5. That the City shall continue to pay the full amount of covered employees' individual
medical insurance premiums under any and all group medical insurance plans
available to bargaining units members;
6. That by this Memorandum of Understanding the Union is not waiving any future
rights to collectively bargain with regard to all bargaining units members' future
medical insurance pursuant to law and/or the respective Collective Bargaining
Agreements;
7. That all other provisions of the Parties' Collective Bargaining Agreements not subject
of this Memorandum of Understanding shall remain in full force and effect; and;
8. That the Parties have full legal authority to enter into this Memorandum of
Understanding.
IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding to be
signed by their duly authorized representatives on the _ day of . 2006.
Ncro wc Insurance Ratcs 1
FOR THE CITY OF
BOYNTON BEACH
FOR THE NCF&O, SEIU
Kurt Bressner, City Manager
THE CITY OF
BOYNTON BEACH
Date
S aron Munley, NCF&O, SEIU Presi
NCF&O, SEIU AFL-CIO,
LOCAL 1227 (White Collar)
7- )-tJ?
Date
Janet Prainito, City Clerk
Date
NCFO WC Insurance Rates2
VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
rgj August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
}
---~.-
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business ,- -~
AGENDA ITEM rgj Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
" , ' ,
'~-'-'
RECOMMENDATION: Approve resolution No. 06-_ authorizing a Memorandum of Understanding (MOU) with thcC:~
Palm Beach County Police Benevolent Association, Inc. (PBA) Officer and Detective Collective Bargaining Agreelntmt f6E~
dependent insurance rates under the covered employees' present Blue Care HMO, Blue Choice PPO and Blue Options PPO"
Group Medical Insurance plans to be independent of each other ("non-blended") and at rates as determined respectively by
the medical insurance carrier, Blue Cross, Blue Shield of Florida (BCBS FL). The "non-blended" dependent rate changes
effective 10/1I06 would be as follows:
· 10.5% rate increase for HMO Dependent coverage
· 44.6% rate increase for Blue Choice PPO Dependent Coverage
· -1.0% rate decrease for Blue Options PPO Dependent Coverage
EXPLANA TION: The City pays the full amount of covered employees' individual medical insurance premiums; however,
employees are responsible for 100% of the dependent premium cost. Currently dependent rates are the same or "blended" for
all three (3) dependent insurance plans. In order to minimize the cost of health insurance coverage for dependents so rates
don't become so expensive that City employees cannot afford to cover their families, the recommendation for FY 2006/2007
is to split or "unblend" the rates for each of the three (3) plans. "Unblending" the rates will reduce the dependent medical
insurance cost to employees if they enroll in the Blue Options PPO as BCBS FL has offered a I % reduction in dependent
rates for this plan. The Union has voted and agreed to ratify this change.
PROGRAM IMPACT: There is a positive overall impact for employees by "unblending" the dependent medical insurance
cost as this will provide an opportunity for employees to realize a reduction in their dependent cost if they enroll in the PPO
Blue Options plan. The Blue Options PPO plan was introduced less than one (I) year ago and already 33% of covered City
employees are enrolled in this plan. Based on input and feedback from employees and insurance committee members, it is
anticipated that a significant number of employees will move from the other two (2) plans to the Blue Options PPO plan for
FY 2006/2007 during the upcoming annual open enrollment period.
FISCAL IMP ACT: There is no fiscal impact to the City for Dependent Insurance Rates
ALTERNATIVES: Do not approve the MOD with the NCF&O, SEIU, Local 1227 and renew the City's BCBS FL medical
insurance contract with an across the board 10.7% "blended" rate for dependent premium on all three (3) plans. As a result
employees who are currently enrolled in the Blue Options PPO plan or those who change to the Blue Options PPO plan
during annual open enrollment will be subject to a 10.7% rate increase for dependent coverage rather than a I % rate decrease.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
iw~
City Manager's Signature
Assistant to City Manager Ct'f;t/
I ~
I
" ~
~rtment . me
I
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
A MEMORANDUM OF UNDERSTANDING WITH THE
PALM BEACH COUNTY PBA (OFFICERS AND
DETECTIVES) REGARDING INSURANCE RATES AND
PREMIUMS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the Palm Beach Country PBA have met to discuss annual
changes in insurance rates and have agreed to changes to the current collective bargaining
agreement as set forth in the attached memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the a memorandum of understanding with the Palm Beach County PBA
(Officers and Detectives) regarding insurance rates and premiums, a copy of which is
attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 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
S:\CA \RESO\PBA MOD 2006 Insurance.doc
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO ALL FULL-TIME OFFICERS AND DETECTIVES
WITH THE CITY OF BOYNTON BEACH
POLICE DEPARTMENT WITHIN THE BARGAINING UNIT DEFINED BY
PERC CERTIFICATION NUMBER 807.
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. (hereinafter "the
PBA") agree that effective October 1, 2006, and continuing in full force and effect
through and including September 30, 2007, that Article 17 of the Collective Bargaining
Agreement of application to the subject PERC certified bargaining unit shall be modified
to provide acceptance of the following:
1. That dependent medical insurance premiums under the present Blue Care
HMO and Blue Choice PPO plan coverage provided to bargaining units
members are expected to increase by 10.5% and 44.6%, respectively;
2. That the City shall make available to covered bargaining unit members a
certain "Blue Options PPO" group medical insurance plan under which the
premiums for dependent insurance coverage are expected to decrease by 1 %.
3. That as a result of the aforementioned anticipated changes in present
dependant insurance coverage premiums, the premiums for dependant
insurance coverage no longer will be "blended" so as to be the same under
covered employees' Blue Care HMO, Blue Choice PPO, and Blue Options
PPO Group Medical Insurance plans;
4. That the premiums for dependent insurance under covered employees' present
Blue Care HMO, Blue Choice PPO and Blue Options PPO Group Medical
Insurance plans shall be independent of each other and at rates as determined
respectively by the medical insurance carriers;
5. That the City shall continue to pay the full amount of covered employees'
individual medical insurance premiums under any and all group medical
insurance plans available to bargaining units members;
6. That by this Memorandum of Understanding the PBA is not waiving any
rights to collectively bargain with regard to all bargaining units members'
medical insurance pursuant to law and/or the respective Collective Bargaining
Agreements;
7. That all other provisions of the Parties' Collective Bargaining Agreements not
subject of this Memorandum of Understanding shall remain in full force and
effect; and;
8. That the Parties have full legal authority to enter into this Memorandum of
Understanding.
IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding
to be signed by their duly authorized representatives on the day of , 2006.
FOR THE CITY OF
BOYNTON BEACH
FOR THE PALM BEACH
COUNTYPBA
Kurt Bressner, City Manager
John S. Kazanjian, President
Janet Prainito, City Clerk
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.7.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 2 I, 2006 November 6, 2006 (Noon)
o
o
Consent Agenda 0 Legal
,~
Code Compliance & Legal Settlements 0 Unfinished Business :;~: '.,;~
Public Hearing 0 e;- ~~.
~~;"'!GJ
<, 1 ._'!1"1
RECOMMENDATION: Approve resolution No. 06-_ authorizing a Memorandum of Understanding {MOUJ~ith tlft~
Palm Beach County Police Benevolent Association, Inc. (PBA) Sergeants Collective Bargaining Agreement for dependent ~
insurance rates under the covered employees' present Blue Care HMO, Blue Choice PPO and Blue Options PPO Group
Medical Insurance plans to be independent of each other ("non-blended") and at rates as determined respectively by the
medical insurance carrier, Blue Cross, Blue Shield of Florida (BCBS FL). The "non-blended" dependent rate changes
effective 10/]/06 would be as follows:
Announcements/Presentations
City Manager's Report
New Business
- ,
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NATURE OF
AGENDA ITEM
o
o
~
o
o
Administrative
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· 105% rate increase for HMO Dependent coverage
· 44.6% rate increase for Blue Choice PPO Dependent Coverage
· -1.0% rate decrease for Blue Options PPO Dependent Coverage
EXPLANATION: The City pays the full amount of covered employees' individual medical insurance premiums; however,
employees are responsible for 100% of the dependent premium cost. Currently dependent rates are the same or "blended" for
all three (3) dependent insurance plans. In order to minimize the cost of health insurance coverage for dependents so rates
don't become so expensive that City employees cannot afford to cover their families, the recommendation for FY 2006/2007
is to split or "unblend" the rates for each of the three (3) plans. "Unblending" the rates will reduce the dependent medical
insurance cost to employees ifthey enroll in the Blue Options PPO as BCBS FL has offered a ] % reduction in dependent
rates for this plan. The Union has voted and agreed to ratify this change.
PROGRAM IMPACT: There is a positive overall impact for employees by "unblending" the dependent medical insurance
cost as this will provide an opportunity for employees to realize a reduction in their dependent cost if they enroll in the PPO
Blue Options plan. The Blue Options PPO plan was introduced less than one (I) year ago and already 33% of covered City
employees are enrolled in this plan. Based on input and feedback from employees and insurance committee members, it is
anticipated that a significant number of employees will move from the other two (2) plans to the Blue Options PPO plan for
FY 2006/2007 during the upcoming annual open enrollment period.
FISCAL IMPACT: There is no fiscal impact to the City for Dependent Insurance Rates
ALTERNATIVES: Do not approve the MOU with the NCF&O, SEIU, Local ]227 and renew the City's BCBS FL medical
insurance contract with an across the board 10.7% "blended" rate for dependent premium on all three (3) plans. As a result
employees who are currently enrolled in the Blue Options PPO plan or those who change to the Blue Options PPO plan
during annual open enrollment will be subject to a 10.7% rate increase for dependent coverage rather than a 1 % rate decrease.
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~
City Manager's Signature
Assistant to City Manager ~V
Depa ent Head's Signatu
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Department Name
City Attorney / Finance
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY'OF BOYNTON BEACH, FLORIDA, RATIFYING
A MEMORANDUM OF UNDERSTANDING WITH THE
PALM BEACH COUNTY PBA (SERGEANTS)
REGARDING INSURANCE RATES AND PREMIUMS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the Palm Beach Country PBA have met to discuss annual
changes in insurance rates and have agreed to changes to the current collective bargaining
agreement as set forth in the attached memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the a memorandum of understanding with the Palm Beach County PBA
(Sergeants) regarding insurance rates and premiums, a copy of which is attached hereto as
Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
TTEST:
Commissioner - Muir C. Ferguson
ity Clerk
:\CA \RESO\PBA MOD 2006 Insurance Sergeants. doc
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO ALL FULL-TIME SERGEANTS
WITH THE CITY OF BOYNTON BEACH
POLICE DEPARTMENT WITHIN THE BARGAINING UNIT DEFINED BY
PERC CERTIFICATION NUMBER 1374.
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, lNe. (hereinafter "the
PBA") agree that effective October 1, 2006, and continuing in full force and effect
through and including September 30, 2007, that Article 17 of the Collective Bargaining
Agreement of application to the subject PERC certified bargaining unit shall be modified
to provide acceptance of the following:
1. That dependent medical insurance premiums under the present Blue Care
HMO and Blue Choice PPO plan coverage provided to bargaining units
members are expected to increase by 10.5% and 44.6%, respectively;
2. That the City shall make available to covered bargaining unit members a
certain "Blue Options PPO" group medical insurance plan under which the
premiums for dependent insurance coverage are expected to decrease by 1%.
3. That as a result of the aforementioned anticipated changes in present
dependant insurance coverage premiums, the premiums for dependant
insurance coverage no longer will be "blended" so as to be the same under
covered employees' Blue Care HMO, Blue Choice PPO, and Blue Options
PPO Group Medical Insurance plans;
4. That the premiums for dependent insurance under covered employees' present
Blue Care HMO, Blue Choice PPO and Blue Options PPO Group Medical
Insurance plans shall be independent of each other and at rates as determined
respectively by the medical insurance carriers;
5. That the City shall continue to pay the full amount of covered employees'
individual medical insurance premiums under any and all group medical
insurance plans available to bargaining units members;
6. That by this Memorandum of Understanding the PBA is not waiving any
rights to collectively bargain with regard to all bargaining units members'
medical insurance pursuant to law andlor the respective Collective Bargaining
Agreements;
7. That all other provisions of the Parties' Collective Bargaining Agreements not
subject of this Memorandum of Understanding shall remain in full force and
effect; and;
8. That the Parties have full legal authority to enter into this Memorandum of
Understanding.
IN WITNESS THEREOF, the Parties have caused this Memorandum of Understanding
to be signed by their duly authorized representatives on the day of , 2006.
FOR THE CITY OF
BOYNTON BEACH
FOR THE PALM BEACH
COUNTYPBA
Kurt Bressner, City Manager
John S. Kazanjian, President
Janet Prainito, City Clerk
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.S
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
[gJ August I, 2006 July 17,2006 (Noon.) 0 October 3,2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5,2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
[gJ
o
o
Announcements/Presentations
Administrative
o
o
o
o
o
City Manager's Report
New Business
Legal
Unfinished Business
(-) --j
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--
.,
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RECOMMENDATION: Approve resolution No. 06-_ authorizing a Memorandum of Understanding (MOUJJrith~;
Palm Beach County Police Benevolent Association, Inc. (PBA) Lieutenants Collective Bargaining Agreement for depend'erl(2
insurance rates under the covered employees' present Blue Care HMO, Blue Choice PPO and Blue Options PPO Group _.'-
Medical Insurance plans to be independent of each other ("non-blended") and at rates as detennined respectively by the
medical insurance carrier, Blue Cross, Blue Shield of Florida (BCBS FL). The "non-blended" dependent rate changes
effective 10/1/06 would be as follows:
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
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· 10.5% rate increase for HMO Dependent coverage
· 44.6% rate increase for Blue Choice PPO Dependent Coverage
· -1.0% rate decrease for Blue Options PPO Dependent Coverage
EXPLANA TION: The City pays the full amount of covered employees' individual medical insurance premiums; however,
employees are responsible for 100% of the dependent premium cost. Currently dependent rates are the same or "blended" for
all three (3) dependent insurance plans. In order to minimize the cost of health insurance coverage for dependents so rates
don't become so expensive that City employees cannot afford to cover their families, the recommendation for FY 2006/2007
is to split or "unblend" the rates for each of the three (3) plans. "Unblending" the rates will reduce the dependent medical
insurance cost to employees if they enroll in the Blue Options PPO as BCBS FL has offered a I % reduction in dependent
rates for this plan. The Union has voted and agreed to ratify this change.
PROGRAM IMP ACT: There is a positive overall impact for employees by "unblending" the dependent medical insurance
cost as this will provide an opportunity for employees to realize a reduction in their dependent cost if they enroll in the PPO
Blue Options plan. The Blue Options PPO plan was introduced less than one (1) year ago and already 33% of covered City
employees are enrolled in this plan. Based on input and feedback from employees and insurance committee members, it is
anticipated that a significant number of employees will move from the other two (2) plans to the Blue Options PPO plan for
FY 2006/2007 during the upcoming annual open enrollment period.
FISCAL IMP ACT: There is no fiscal impact to the City for Dependent Insurance Rates
ALTERNATIVES: Do not approve the MOU with the NCF&O, SEIU, Local 1227 and renew the City's BCBS FL medical
insurance contract with an across the board 10.7% "blended" rate for dependent premium on all three (3) plans. As a result
employees who are currently enrolled in the Blue Options PPO plan or those who change to the Blue Options PPO plan
during annual open enrollment will be subject to a 10.7% rate increase for dependent coverage rather than a 1% rate decrease.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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City Manager's Signature
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Department Name
Assistant to City Manager
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City Attorney / Finance
S\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
A MEMORANDUM OF UNDERSTANDING WITH THE
PALM BEACH COUNTY PBA (LIEUTENANTS)
REGARDING INSURANCE RATES AND PREMIUMS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the Palm Beach Country PBA have met to discuss annual
changes in insurance rates and have agreed to changes to the current collective bargaining
agreement as set forth in the attached memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratifY the a memorandum of understanding with the Palm Beach County PBA
(Lieutenants) regarding insurance rates and premiums, a copy of which is attached hereto as
Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 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
S:\CA\RESO\PBA MOD 2006 Insurance Lieutenants.doc
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO ALL FULL-TIME LIEUTENANTS
WITH THE CITY OF BOYNTON BEACH
POLICE DEPARTMENT WITHIN THE BARGAINING UNIT DEFINED BY
PERC CERTIFICATION NUMBER 1375.
THE CITY OF BOYNTON BEACH (hereinafter, "the City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. (hereinafter "the
PBA") agree that effective October 1, 2006, and continuing in full force and effect
through and including September 30, 2007, that Article 17 of the Collective Bargaining
Agreement of application to the subject PERC certified bargaining unit shall be modified
to provide acceptance of the following:
1. That dependent medical insurance premiums under the present Blue Care
HMO and Blue Choice PPO plan coverage provided to bargaining units
members are expected to increase by 10.5% and 44.6%, respectively;
2. That the City shall make available to covered bargaining unit members a
certain "Blue Options PPO" group medical insurance plan under which the
premiums for dependent insurance coverage are expected to decrease by 1 %.
3. That as a result of the aforementioned anticipated changes in present
dependant insurance coverage premiums, the premiums for dependant
insurance coverage no longer will be "blended" so as to be the same under
covered employees' Blue Care HMO, Blue Choice PPO, and Blue Options
PPO Group Medical Insurance plans;
4. That the premiums for dependent insurance under covered employees' present
Blue Care HMO, Blue Choice PPO and Blue Options PPO Group Medical
Insurance plans shall be independent of each other and at rates as determined
respectively by the medical insurance carriers;
5. That the City shall continue to pay the full amount of covered employees'
individual medical insurance premiums under any and all group medical
insurance plans available to bargaining units members;
6. That by this Memorandum of Understanding the PBA is not waiving any
rights to collectively bargain with regard to all bargaining units members'
medical insurance pursuant to law and/or the respective Collective Bargaining
Agreements;
7. That all other provisions of the Parties' Collective Bargaining Agreements not
subject of this Memorandum of Understanding shall remain in full force and
effect; and;
8. That the Parties have full legal authority to enter into this Memorandum of
Understanding.
IN WITNESS TIIEREOF, the Parties have caused this Memorandum of Understanding
to be signed by their duly authorized representatives on the day of , 2006.
FOR THE CITY OF
BOYNTON BEACH
FOR THE PALM BEACH
COUNTYPBA
Kurt Bressner, City Manager
John S. Kazanjian, President
Janet Prainito, City Clerk
VI.-CONSENT AGENDA
ITEM C.g.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8] August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6, 2006 (Noon)
J
(-) ~~
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[8] Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
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RECOMMENDATION: Approve resolution No. 06-_ authorizing the renewal of employee benefits and premlUrns fdtn
FY 2006/2007 Blue Cross/Blue Shield of Florida (BCBS FL) medical plan, MetLife dental plan, Jefferson-Pilot (Lincoln
Financial Group) life and disability plan and the Vision Care Incorporated plan.
EXPLANA nON: This is the annual renewal of the employee health and life insurance programs. The renewal consists ofa
10.7% increase in the total cost of medical insurance benefits to the City for employee's medical insurance. This
recommendation was reached after extensive negotiations with the insurance carrier and discussion with the City's Insurance
Committee.
There is a change to the cost of medical dependent insurance rates, which are paid 100% by the employee. In the past all
rates were the same or "blended" for all three (3) dependent insurance plans. However, in order to minimize the cost of health
insurance coverage for dependents so rates don't become so expensive that City employees cannot afford to cover their
families, the recommendation for FY 2006/2007 is to split or "unblend" the rates for each of the three (3) plans as follows:
. 10.5% rate increase for HMO Dependent coverage
. 44.6% rate increase for Blue Choice PPO Dependent Coverage
. -1.0% rate decrease for Blue Options PPO Dependent Coverage
"Unblending" the rates will reduce the dependent medical insurance cost for employees if they enroll in the Blue Options
PPO as BCBS FL has offered a 1 % reduction in dependent rates for this plan.
The Jefferson-Pilot (Lincoln Financial Group) life and disability insurance and the Vision Care Incorporated Plan coverage
have no change in benefits or rates. There is one (1) modification to the MetLife dental plan. The dental plan will be
renewed with the addition of coverage for dental implants; however, there will be no change in the rate the City pays for this
coverage.
The Insurance Committee recommendations are attached as Exhibit A. Exhibit B is a comparison ofthe three (3) medical
plans offered to employees by BCBS FL. Exhibit C is the City of Boynton Beach (employer) cost per employee for health
insurance coverage and Exhibit D lists the employee dependent cost (payroll deduction) comparisons for dependent health
insurance with non-blended rates for dependent coverage.
PROGRAM IMPACT: The City pays the full premium for the employee's medical, dental, vision and life insurance; the
employee pays the full premium for any dependent medical insurance. There is a positive overall impact for employees to
"unblend" the dependent medical insurance cost as this will provide an opportunity for employees to realize a reduction in
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
their dependent cost if they enroll in the PPO Blue Options plan. The recommended "non-blended" rate for dependent
coverage required a Memorandum of Understanding (MOU) with the NCF&O, SEIU White Collar and Blue Collar
Agreements and with the Police Benevolent Association (PBA) Officer and Detective, Sergeant and Lieutenant Agreements.
This change has been ratified by the members of all five (5) agreements and the MOU's are included for approval on the
Consent Agenda for August 1, 2006.
FISCAL IMPACT:
. The City's cost for BCBS FL medical coverage for FY 2006/2007 is $4,493,178.24/yr for employees ($5,249.04 per
employee per year).
. The City's cost for Pooling Charges is $312,090 ($125,000 stop loss point).
. The City's cost for Dental Coverage for FY 2006/2007 is $307,749/yr for employees ($359.51 per employee per
year). Additionally the City pays $7.00 per month for employees who have dependent dental coverage or $24,612
per year.
. The City's cost for Vision Care Coverage is $44,581/yr for employees ($52.08 per employee per year).
. The City's cost for Life Insurance and Accidental Death and Dismemberment (AD&D) is $215,712/yr for
employees. The cost per employee per year varies based on the amount of coverage they have.
Group Insurance Consultants, Inc. the consultants who provide support to City staff, are paid 2% ofthe annual premium
through the provider, not from City line items. Their services include negotiating the contract, conducting detailed review,
analysis and projects at key points throughout the year, resolving enrollment and billing problems for individuals, conducting
informational meetings for employees including attending new hire orientation and assisting with annual open enrollment
processes.
ALTERNATIVES:
. Decrease the benefits in the current plans resulting in lower premiums
. Require participants to pay a portion of their individual premium
. Consider a voucher plan and eliminate a City sponsored plan
. Go out to bid
~
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City Manager's Signature
Assistant to City Manager ~
City Attorney 1 Finance
S\BUI.LFTIN\FORMS\AGE~DA ITEM REQUEST FORM. DOC
1
2 RESOLUTION NO. R06-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AUTHORIZING THE
7 RENEWAL OF EMPLOYEE BENEFITS AND
8 PREMIUMS FOR FISCAL YEAR 2006-07 WITH BLUE
9 CROSSIBLUE SHIELD OF FLORIDA, METLIFE,
10 JEFFERSON-PILOT, AND VISIONCARE
11 INCORPORATED; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
17 City of Boynton Beach to approve the renewal benefits and premiums for 2006-2007 health
18 insmance and life insmance coverage with Blue Cross/Blue Shield of Florida medical plan,
19 MetLife dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan and the
20 Vision Care Incorporated plan, for all city employees.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
Upon recommendation of staff, the City Commission of the City of
27 Boynton Beach, Florida does hereby approve the renewal benefits and premiums for 2006-
28 2007 Health and Life Insmance coverage with Blue Cross/Blue Shield of Florida medical
29 plan, MetLife dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan
S:\CA \RESO\Agreements\renewal health benefits 2006-07.doc
- I -
and the Vision Care Incorporated plan.
Section 3.
That this Resolution shall become effective immediately upon passage.
2
3
PASSED AND ADOPTED this ~ day of August, 2006.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25 City Clerk
26
27
28 (Corporate Seal)
29
30
31
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\renewal health benefits 2006-07.doc
- 2 -
EXHIBIT A
City of Boynton Beach Insurance Committee Recommendation
To the City Commission for the 2006-2007 Group Insurance Renewal
The recommendation from the insurance committee is based on the City's negotiated renewal offers
from Blue Cross/ Blue Shield of Florida medical plan, Metlife dental plan, Jefferson-Pilot (Lincoln
Financial Group) life and disability plan and the Vision Care Incorporated Plan.
Life/Accidental Death & Dismemberment (AD&D) and Lont! Term Disability Insurance
The recommendation is to renew the Jefferson-Pilot (Lincoln Financial Group) life and disability
insurance and the Vision Care Incorporated Plan coverage with no change in benefits or rates.
Dental Plan
The recommendation is to renew the Metlife dental plan with the addition of coverage for dental
implants and no change in rates.
Medical Plan
Employees:
The recommendation is to renew the Blue Cross/Blue Shield of Florida health insurance plans for
employees with no change in benefits. This is a 10.7% rate increase to the City.
Dependents:
The committee is very sensitive to minimizing the cost of health insurance coverage for dependents so
rates don't become so expensive that city employees cannot afford to cover their families
. The committee recommends a more progressive approach where the respective health plans have
"unblended" dependent increases as follows:
o 10.5% increase for HMO coverage
o 44.6% increase for Blue Choice PPO coverage
o -1.0% rate decrease for Blue Options PPO coverage.
S\HR\lnsurance Committee\Insurance CommitteelFY20062007 Insurance Committee Recommendationsa.doc
EXHIBIT B
CITY OF BOYNTON BEACH: BLUE CROSS BENEFIT COMPARISON
HMO Plan 1
PPO Plan 101 NS
BlueOptions 1748NS
Provider Network
BlueCare
BlueChoice
Network Blue
Maximum Benefit
Unlimited
$5,000,000
$5,000,000
BASIC CARE (office visits, blood tests. diaQnostic tests, physicals. prescriptions-this is all 70%+ of insureds will receive)
Open Access to PCP/Spec? No Yes Yes
Test Approval Required? Yes No No
1M, GP, FP, Ped OV Copay $5 ded uctible/coinsura nce $5
Specialist OV Copay $5 deductible/coinsura nce $5
Mammogram Copay $0 coinsurance $0
Adult Wellness Physical Maximum unlimited not covered $250
Independent Clinical Lab Copay $0 ded uctible/coinsurance $0
Ind Diagnostic Testing Fac Copay $0 d ed uctible/coinsu ra nce $0
Prescription Copays $5/15/30 d ed uctible/coinsurance $5/15/30
PHYSICIAN SERVICES RECEIVED OUTSIDE OF THE PHYSICIANS OFFICE (surQeons. IP visit. ER. Anesthesia. RadioloQY. PatholoQY)
Calendar Year Deductible (individual) $0 $300 $0 in network/$500 out of network
Calendar Year Deductible (family) $0 $600 $0 in network/$1500 out of netwe
Coinsurance % you pay (in network) 0% 10% of negotiated fee 0% of negotiated fee
Coinsurance % you pay (out of network) 100% 30% + balance billing 40% + balance billing
in excess of allowance in excess of allowance
HOSPITAL SERVICES (Varies by Hospital under BlueOptions - Option 1 Hospital/Option 2 Hospital/Option 3 Hospital)
Inpatient Copay 1 admit $ 0 ded uctible/coinsurance $0/500/750
Outpatient Surgery 1 Test Copay $ 0 ded uctible/coinsurance $0/200/300
Emergency Room Services Co pay $50 deductible/coinsu ra nce $50
Amb 1 DME 1 HHC 1 Injectable Drug $ 0 deductible/coinsu ra nce ded uctible/coinsura n ce
Therapy Copay 1 Benefit Maximum $0, 60 days ded/coins, $25001yr ded/coins, $2500/yr
MAXIMUM OUT OF POCKET EXPENSE ON COVERED CHARGES/CALENDAR YEAR(protection from unbudQetable medical expenses)
Oed 1 Coins 1 Non-Rx Copays
$1500
$1800
In network lout of network
$1500 1 $3000
Blue Choice non-participating provider benefits access the Blue Cross Traditional network to access its pre-negotiated fees and no
balance-billing provisions with providers that do not participate in Blue Choice.
BlueOptions non-participating provider benefits access the Blue Cross Traditional networks to access their pre-negotiated fees and no
balance-billing provisions with providers that do not participate in Network Blue.
Expenses with providers who are not under any contract with BCBSFL are subject to the BCBSFL "MAP" (Maximum Allowable
Payment), which is lower than actual charges. Also, members are subject to balance billing from non-participating providers.
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VI.-CONSENT AGENDA
ITEM C.lO
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
[8J August ], 2006 Ju]y ]7,2006 (Noon.) D
D August ]5,2006 July 3], 2006 (Noon) D
D September 6, 2006 August ]4,2006 (Noon) D
D September ]9,2006 September 5, 2006 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 3, 2006 September ]8, 2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
November 8, 2006
October ]6, 2006 (Noon)~
C) -~~
November 2], 2006
November6,2006 (Noo~:
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D AnnouncementslPresentations D City Manager's Report i'
NATURE OF D Administrative D New Business
AGENDA ITEM [8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business -.-J
D Public Hearing D
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RECOMMENDATION: Approval of the three (3) year collective bargaining agreement between the City of Boynton
Beach and the National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC, Local 1227, White Collar Bargaining Unit.
EXPLANATION: On Thursday, June 29, 2006, the White Collar Bargaining Unit ratified the tentative collective bargaining
agreement reached between the City and Union. The terms ofthe agreement include following the compensation plan (MGT
salary study) which has been approved by the Commission, the continuation of performance based pay, clarification on hours
worked and on the payment of overtime bringing it in line with the Blue Collar and Police Benevolent Association (PBA)
agreements. There were several other housekeeping issues agreed upon. All changes are summarized on Exhibit A. Exhibit
B is a copy of the articles which were tentatively agreed (T A' d) upon. Both Exhibit A and B show the additions bolded and
underlined and deletions indicated with a strike through. Exhibit C is the updated collective bargaining agreement.
PROGRAM IMPACT: Once approved this contract will be in effect from October 1,2006 through September 30, 2009,
and will affect all employees currently represented by the White Collar Bargaining Unit.
FISCAL IMP ACT: This contract is in line with the specific direction given by the City Commission with regard to market
adjustment and merit cycle. All other programs, including Emergency Pay, Longevity, and Tuition Assistance are in line with
current City programs, as budgeted.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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City Manager's Signature
City Attorney / Finance / Human Resources
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RESOLUTION R06-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227 -
WHITE COLLAR UNIT FOR THE THREE YEAR
PERIOD OF OCTOBER 1, 2006 THROUGH
SEPTEMBER 30, 2009, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the National Conference of Firemen
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and Oilers, SEIU, AFL-CIO, CLC, Local 1227- White Collar Unit have successfully
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concluded negotiations for a three (3) year contract; and
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WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
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and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESO\Agreements\CBA Ratifications\NCI'O WC 06 - 09.doc
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hereby ratify the Agreement between the City of Boynton Beach and the National
2 Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - White Collar
3 Unit for the three (3) year period of October 1, 2006 through September 30, 2009, and
4 authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of
5 said agreement being attached hereto as Exhibit "A".
Section 3.
This Resolution will become effective immediately upon passage.
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7 PASSED AND ADOPTED this _ day of August, 2006.
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9 CITY OF BOYNTON BEACH, FLORIDA
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I3 Mayor - Jerry Taylor
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17 Vice Mayor- Carl McKoy
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21 Commissioner - Robert Ensler
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25 Commissioner - Mack McCray
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29 Commissioner - Muir C. Ferguson
30 ATTEST:
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34 City Clerk
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36 (Corporate Seal)
S:ICA IRESOlAgreementslCBA RatificationslNCFO WC 06 _ 09.doc
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EXHIBIT A
Revisions to the NCF&O Collective Bargaining Agreement:
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, ~ 2006 - September 30, ~ 2009
ARTICLE 12 - PROGRESSNE DISCIPLINE
12.2.6 Rel!ular employees may respond to discipline actions of counselinl! and written
reprimands by reQuestinl! an administrative review by the Human Resources
Director. Such request shall be made within ten (10) calendar days of the
imposition of the discipline. The Human Resources Director shall review the
disciplinary action in Question and shall either sustain. reverse. or modify the
disciplinary action. The Human Resources Director's disposition shall be made
within thirty (30) days of the employee's request for review. The Human
Resources Director's disposition is final and not subiect to further review.
ARTICLE 14 - BASIC WORKWEEK AND OVERTIME (Change existing language)
14.3 For purposes of o'lertime computation only vaeation leaye, holiday leaye,
personal lew/e_days, the employee's use of sick leave as documented by a
physician's statement proyided prior to the end of the pay period, afld comp time
shall be considered as time worked. Funeral leave, jury ooty, aIlffilal military
leave, afld any other leave or absences from duty on active pay status shall not be
considered as time vl{)rked for purposes of o'lertime computation. Onlv hours
actually worked will be counted for the purpose of calculatinl! overtime.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
Q! late. The employee shall be marked as tardy or late using the same 7/8 Minute
rule, for purposes of calculating payroll. however, a An employee will be deemed
"tardy" if they appear for work any time up to six (6) minutes after the desil!nated
startinl! time and "late" if they appear for work seven (7) minutes or more after
the designated starting time. Any employee that who is tardy or late is subject to
appropriate discipline.
14.-7 ~ It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees which ef.the clock wffieh will be utilized ffi..-l.ieu
ef-it for timekeepinl! purposes.
Article 15 - COMPENSA TORY TIME
15.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. The compensatory time must be used within sixty (60) calendar
days of the pay period in which it ',vas earned or be paid at that time. Employees
may accumulate up to eil!htv (80) hours of compensatory time. At no time
may an employee accumulate more than eil!htv (80) hours of compensatory
time. Compensatory time may be taken as earned subject to the approval of
the Department Head who shall schedule the time off to meet the operatinl!
requirements of the Department.
15.3.1 The City reserves the right to conyert any accrued oompensatory time houn; to
pay at its sole discretion, Ol'lee the sixty (60) days has passed.
ARTICLE 16 - WAGES
16.1 Effective October 1, ~ 2006. bargaining unit employees shall receive a f"Ive
ill ~% market adjustment added to base wage.
16.2 Effective April 1, 200~ L non-probationary bargaining unit employees shall
receive the following Performance Evaluation wage increases added to base
wage:
a. Perf-ormance evaluation score shall generate a merit inerease as omlined in the
schedule outlined in }~ppendix B of this agreement. Barl!aininl! unit
employees who are non-probationary and obtain a performance
evaluation score of two point zero (2.0) or hil!her will receive a base wal!e
increase as a percent equal to their score. not to exceed four (4) %.
b. Bargaining unit employees who obtain a performance evaluation score
Performance e'laluation score is below two point zero (2.0) will not receive a
wage increase:. ,,,,ill be applied.
c. No merit increase will be awarded durine the probationary period.
16.3 Effective October 1.2007. elicible bareainine unit employees shall rec-eive a
five (5) % market adiustment added to base waee.
16.4 Effective April 1. 2008. elieible bareainine unit employees shall receive the
follow in Performance Evaluation wa e increases added to base wa e:
a. Bareainine unit employees who are non-probationary and obtain a
erformance evaluation score of two oint zero 2.0 or hi her will
receive a base waee increase as a percent eaual to the score. not to exceed
four (4)%
b. Bareainine unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a waee increase.
c. No merit increase will be awarded durine the probationary period.
16.5 10 ees shall receive a two 2
16.6 Effective April 1. 2009. non-probationary bareainine unit employees shall
receive the followine Performance Evaluation waee increases added to base
waee:
a.
b. Bareainine unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a waee increase.
c. No merit increase will be awarded durine the probationary ueriod.
16.~ 2 Employees who receive a performance evaluation rating that falls below a the
"Meets Expectations" level (rating ofless than two pomt zero (2.0)) shall be placed
on a Performance Improvement Plan. It is the responsibility of each employee to
perform at a minimum. level of "Meets Stafldards" at the "Meets Standards" level
as a minimum level of performance.
ARTICLE 23 - SICK LEAVE
23.1.1 An employee shall notify hislher immediate supervisor or the supervisor's
designee in a manner provided for by management of hislher illness no less than
one half (1/2) one (1) hour before his/her normal workday begins. This
procedure shall be followed for each day the employee is unable to work unless
prior approval is granted by department management, wherein the employee
notifies hislher supervisor of the will be absent.
ARTICLE 26 - VACATION
26.4.1 Vacation requests of three (3) shifts or less must be requested and approved or
denied within one (1) two (2) day~ of the work shift, the day the request is made.
Vacation requests of four (4) shifts or more must be requested and approved or
denied within two (2) days one (1) week of the day the request is made. Vacation
requests of two or more weeks require at least twenty-one (21) calendar days'
notification. Manal!ement will approve or deny the vacation requests for two
(2) weeks or more within seven (7) days of the request.
ARTICLE 40 - UNIFORMS
40.3 For the term of this agreement, employees who are required to wear uniforms
shall receive the same number of uniform pieces allocated to them prior to the
ratification of the agreement. Uniforms will be provided annually as follows,
unless otherwise indicated below:
Application Technicians
6 Shirts, 2 Pants
6 Shirts
6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket, (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket (Bi-
Annua~) 2 Baseball caps
Police Records Technicians 6 Shirts,S Pants
Water Ouality Lab Technicians 6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps)
911 Communications
Code Enforcement
Field Inspectors
Plan Review Analyst
Fire Inspectors, Community Service Officers, Police Crime Scene Technicians and
other employees covered by this al!reement but not listed will be issued uniforms in
accordance with the Department policy. The cost of the uniforms shall be borne by the
City. Employees are required to return uniforms to the City when they terminate
employment.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall proviae seven
f7j six (6) polo shirts to each employee on their anniversary date. The cost of
uniforms and/or polo shirts shall be borne by the City.
ARTICLE 52 - DURATION
52.1 This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect
until September 30, ~ 2009. No wage or benefit provided herein is retroactive
in nature prior to the effective date of this Agreement. Wage and benefit levels
existing on September 30, ~ 2009 shall be frozen as of that date and shall
constitute the status quo during any period of negotiations for a successor
agreement. Both parties agree to reopen !.rtiele 16 for the purpose of determining
','rage for the 2005/2006 fiscal year.
Agreed to this day of , 20~.! by and between the respective
parties through the authorized representatives of the Union and the City.
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EXHIBIT B
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, ~ 2006 - September 30, ~ 2009
I /. / /..
/._ It! /6v
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ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient
public service directly correlates with appropriate employee conduct and
performance. Employee behavior that is positive and supportive of the
goals of effective municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline is suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to
motivate employees to choose behavior conducive to an individuals
growth, development and most importantly to insure the successful
operation of the City and its services. However, in certain circumstances
punitive discipline actions will be necessary. There is no "fixed formula"
for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varyiJ;1g incidents,
past performance or severity of the incident.
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12.2.2 Although progressive disciplinary actions are encouraged when'
circumstances support such use, the severity of misconduct and the
circumstances shall determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate
level of discipline to be taken at each successive step. Such factors may
include time intervals between offenses, effectiveness of prior disciplinary
~ &(0,/0&
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NCF&O/SEIU Loca11227 6/9/06
White Collar Bargaining Unit
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actions, insubordination, employee willingness to improve, overall work
performance and teamwork.
12.2.4 Certain misconduct is so contrary to the public i~terest that dismissal shall
be the only appropriate measure.
12.2.5 The level of misconduct may differ in individual cases from apPaz:~ntIy
similar incidents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations that may arise
in the future. This case-by-case method is designed to take individual
circumstances and/or mitigating factors into account. These provisions are
not to be construed as a limitation upon the rights of the City, but are to be
used as a guide.
12.2.6 Rel!ular employees may respond to discipline actions of counselinl!. and
written reprimands by reQuestinl! an administrative review by the
Human Resources Director. Such reQuest shall be made within ten (10)
calendar days of the imposition of the discipline. The Human Resources
Director shall review the disciplinarv action in Question and shall either
sustain. reverse. or modifv the disciplinarv action. The Human
Resources Director's disposition shall be made within thirty (30) days of
the employee's reQuest for review. The Human Resources Director's
disposition is tinaland not subiect to further review.
12.2.61Disciplinary actions for misconduct or serious misconduct older than a two
(2) year period shall not be referred to or considered in any current disciplinary
action.
12.2.~The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the ,
Department or employee wrongs or offenses that violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1.
Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
19
on Beach 6/9/06
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
jeopardize the successful operation of the . City, undermine teamwork and
cooperation among City employees, or undermine the public confidence in the
City or its employees.
2. Violations or disregard of City Safety Policy & Procedlit~s, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehick
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
5. Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary .
NOTE: This chart outlines the usual progression options for repeated occurrences of
misconduct. If serious misconduct or extreme misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE I ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Payor Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others
or damage to City equipment or property ,
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
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NCF&O/SEIU Lotal i22? 6/9/06
White Collar Bargaining Unit
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b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority ofa
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within one hour of shift start time .
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal ,.
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
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White Collar Bargaining Unit
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c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid-driver's
license
e. Failure to report the revocation or suspension of.a driver's license when
employment involves driving
2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol '
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
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NCF&O/SETIJ Local 1 27 6/9/06
White Collar Bargaining Unit
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action. -
OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
12.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 When an immediate supervisor becomes aware of conclusive evidence of
the need for the employee discipline, he/she becomes responsible and shall
investigate the circumstances of the misconduct or lack of performance,
prior to deciding upon the type of disciplinary action to be recommended
or taken. Documentation of the discipline investigation or of the conduct
shall be required on the part of the immediate supervisor in order to
establish appropriate records. Human Resources will be available to assist
in such investigations. In cases where investigations of a more substantial
nature are required, the following types of administrative review shall be
administered.
12.4.2 Administrative Review - Investigations of non-criminal violations
conducted in the absence of immediate or conclusive evidence involving
any City employee, with the exception of Police department employees.
These investigations shall be conducted by the Department Director and
Human Resources, who shall obtain all sufficient information, including
documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume
responsibility for acquiring any necessary sworn' .statements.
Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal.
violations are reportedly committed by an employee of the City. These
investigations shall be conducted by the Police Department, in
collaboration with the Department Director of the involved employee.
12.4.3.1 In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations
shall be conducted prior to the effective date of final disciplinary action.
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NCF&O/SEIU L6caf 1227 619106
White Collar Bargaining Unit
23
12.4.3.2
12.4.3.3
The immediate supervisor may initiate a three-day suspension or
less suspension with pay to afford a supervisor the opportunity to
investigate an alleged incident or misconduct in the absence of the
employee. Suspensions of more than three days with pay require
the approval of the Human Resources Director. This practice may
also be used in the event that alleged misconduct is severe but
unproved. The immediate supervisor shall immediately notify the
Department Director and Human Resources after the suspension is
issued, so that the matter can be investigated.
A recommendation for disciplinary action may result from the
findings of an investigation. If disciplinary measures are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be
made part of the employee's record.
12.5 TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee
to correct or improve performance, work habits or behavior, and counseling the
employee on improvements expected. Counseling serves as a warning against
further repetition of employee behavior. Future violations will result in discipline
up to and including termination.
The immediate supervisor should complete a Counseling Memorandum. The
employee shall be required to sign the form signifying that he/she has read and
discussed the contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for
retention in the employee's records, with a copy provided to the employee. The
supervisor may request that the employee complete a written action plan to correct
the behavior. Employees may submit comments for inclusion in the record.
B. WRITIEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A
written reprimand should include a complete description of the incident(s) of
misconduct, inappropriate behavior, work habits or performance which require~
improvements; previous records of discussion; a time frame within which the
employee must correct or improve hislher behavior; and a warning that future
violations will result in further disciplinary actions up to and including
termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a
24
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NCF&O/SEIU L~ca11227 6/9/06
White Collar Bargaining Unit
copy provided to the employee. Employees m~y submit comments for inclusion
in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a _~p~cific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
from returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the
job due to extreme misconduct or unlawful behavior, or when instances of
progressive discipline supports a suspension without pay for a specified period of
time. Any time an employee is suspended for discipline the suspension shall be
without pay.
1. With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) working days or less.
2. Suspensions without pay beyond three working days require prior
concurrence by Human Resources, review by the City Attorney's Office
and authorization by the City Manager's Office.
3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason
for the action and the duration of the suspension without pay. It shall also
include a statement that future violations will result in further disciplinary
actions up to and including termination.
4. Employees may submit comments for inclusion in the record. Written
notification of a suspension shall be signed by the suspendyd employee
acknowledging receipt of the written notification, and forwarded to
Human Resources for inclusion in the employee's record, with a copy
provided to the employee, the Department Director, and one to the Finance~
Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an
employee being involuntarily removed from a higher level classification to a
lower level classification, with a resulting decrease in salary. Although not
limited to such instances, demotions may occur in some cases because of the
inability to fulfill the duties of the higher level job in a satisfactory manner; or a
25
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White Collar Bargaining Unit
6/9/06
failure to comply with employment conditions. such as licensure or certification.
In addition, probationary employees shall be subject to demotion without the City
being required to state a reason. The probationary employees shall flot have
access to any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then subniit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination
that severs the employment relationship. At such time all employee benefits
cease, except as otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human'
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
Beach 6/9/06
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NCF&O/SEIU Local f227 6/9/06
White Collar Bargaining Unit
26
~._../
the notice shall; be sent via US mail to the mQst recent address on record in the
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination-hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be fmal subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and hislher Department Director. Employees may submit comments for
inclusion in their personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINA nON HEARING
Prior to the effective date of any suspension without pay of three (3) days or
more, or a termination, the City shall conduct a predetermination hearing. The
Human Resources Director and the City Manager's designee shall conduct the
predetermination hearing. The employee shall be provided with reasonable notice
of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the
charges brought against the employee. Following the predetermination hearing,
and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date( s) if appropriate.
12.7 EMPLOYEE APPEALS - GRIEVANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any
type of disciplinary action.
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
27
12.7.2 Regular employees shall have just cau~e appeal and grievance rights as
outlined in Article 12 of this Agreement.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on
a Performance Improvement Plan. The purpose of Performance ImprovemeIlt Plan
is to monitor employee performance, with an evaluation of performance being
made every 30 days. The employee must demonstrate immediate and sustained
improvement in their performance throughout the 90-day evaluation period or face
dismissal.
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
14.0
14.1
ARTICLE 14
BASIC WORK WEEK AND OVERTIME
The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of
work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be constrUed. as a
guarantee or limitation of the number of hours worked per week.
All authorized and approved work performed in excess of forty (40) hours in any
one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate.
;.':.': p,?ooe. of overtime OORlJlUtetiOB. only veoeliOR loa'lo, holiday I...,,,:, p~onal
leave_days, the em:ployee's use of swk leave as doe1:lffiented by a pliysiei8ft~
statement provided prior to the end of the pay pefled, and eemp time shall be
considered as time vlOrked. Fl:lfleral leave, jury duty, anmml military lea~~ ~d
any other leaye or abseH.oes from duty on aeth'e pa-y status shall not be e;~id~
as time 'llOrked f-or purposes of overtime eomputatioB. Onlv hours actuallv
worked will be counted for the purpose of calculatinl! overtime.
Overtime shall first be offered on a rotating basis in order of seniority within each
classification. The parties agree that when employees are asked to work overtime
and management contacts the appropriate employees from the seniority list, the
second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to
continue down the seniority list of employees.
14.4.1 In the event an employee is required to work overtime, he/she shall not have his
regular shift hours changed nor shall he/she be placed in a non-paid status in order
to preclude the payment of overtime.
14.2
14.3
14.4
14.4.2 Supervisors shall provide no less than two (2) hours advance notice to employees
prior to the assignment of unscheduled, mandatory overtime unless circumstances
prohibit such advance notice, in which case, the employer shall give as much
notice as is reasonably possible.
..
14.5 Shift Bidding and Posting. Employees who work in departments within the City ,
in classifications that are covered by more than one shift shall be allowed to bid
shifts, which shall be granted by seniority once each year to be completed by
January 31 st. Should management have a compelling operational need, they may
designate the number of A-Class workers (those with five or more years of
experience) and the number ofB-Class workers (those with less than five years of
experience) required to work on each shift so that a balance of experience may be
o Beach 6/9/06
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
32
achieved for each shift. Employees shall have an opportunity to give input on the
development of their shifts.
14.6 Employees cannot be in a work status more than seven (7) minutes prior Or seven
(7) minutes after regular workday unless they have thei.rsupervisor's approval to
be in a work status. Each employee must be advised. of the official start and
ending time of their department workday.
For purposes of overtime, the City will follow the Department of Labor's "7/8
Minute Rule". This rule means that an employee will not be eligible for overtime
until helshe has been on the job for more than seven minutes, i.e. at the start of the
8th minute they would then receive 15 minutes at time and a half.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
.Q! late. The employee shall be marked as tardy or late using the same 718 Minute
rule, for purposes of calculating payroll. howev:er, a An employee will be deemed
"tardy" if they appear for work any time UP to six (6) minutes after the
desienated startine time and "late" if they appear for work seven (7) minutes
or more after the designated starting time. Any employee that who is tardy .Q!
late is subject to appropriate discipline.
14.18 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees which ef-the clock whieh will be utilized iH--litffi
ef.it for timekeepine purposes.
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
33
ARTICLE 15
15.0 COMPENSATORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 Compensatory time will be accrued and used at the same rate the overtime'rate
would be paid. The compensatory time must be ooed ".i,thin sixty (60) oalendar
days of the pay period in '."hioh it was earned or be paid at that time. Emplovees
may accumulate UP to 80 hours of compensatory time. At no time may an
employee accumulate more than 80 hours of compensatory time.
Compensatory time may be taken as earned subiect to the approval of the
Department Head who shall schedule the time off to meet the o])eratin~
requirements of the Department.
15.3 The City reserves the right to conyert any aoerued oompensatory time hours to pay
at its sole discretion, onoe the sixty (60) days has passed.
15-;f,3 It is solely the employee's choice as to whether he/she wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay.1 or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
each 6/9/06
6ffM fA- uM ~f,; 34
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
\
,
ARTICLE 16
16.0 WAGES
16.1 Effective October 1, ~ 2006. bargaining unit employees shall receive a ~ 2%
market adjustment added to base wage.
16.2 Effective April 1, 200~ 1 non-probationary bargaining unit employees shall
receive the following Performance Evaluation wage increases added to base wage:
a. Performance evaluation score shall gOflerate a merit increase as outlined in the
schedule outlined in L^..ppendix B of this agreement. Ban!aininl! unit
employees who are non-probationary and obtain a performance
evaluation score of 2.0 or hil!her will receive a base wal!e increase as a
percenteaual to their score. not to exceed 4%.
b. Bargaining unit employees who obtains a performance evaluation score
Performance evaluation score is below 2.0 will not receive a wage increase
will be applied.
c. No merit increase will be awarded durinl! the probationary period.
16.3 Effective October!. 2007. barl!aininl! unit employees shall receive a 5%
market adiustment added to base wal!e.
16.4 Effective April 1. 2008. non-probationary barl!aininl! unit emplovees shall
receive the followinl! Performance Evaluation wal!e increases added to base
wal!e:
a. Bar2aininl! unit employees who are non-probationary and obtain a
performance evaluation score of 2.0 or hil!her will receive a base wal!e
increase as a percent equal to the score. not to exceed 4%.
b. Barl!aininl! unit employees who obtain a performance evaluation score
below 2.0. will not receive a wal!e increase.
c. No merit increase will be awarded durinl! the probationary period.
16.5 Effective October 1. 2008. barl!aininl! unit employees shall receive a 2%
market adiustment added to base wa2e.
6/9/06
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NCF&O/SEill Loca11227 6/9/06
White Collar Bargaining Unit
35
16.6 Effective April 1. 2009. non-probationarv bar~ainin~ unit employees shall
receive the followin~ Performance Evaluation wa~e increases added to base
wa~e:
!: Bar~ainin~ unit employees who are non-probationarv and obtain a
performance evaluation score of 2.0 or hi~her will receive a base wa~e
increase as a percent eaual to the score. not to exceed 4%.
b. Bar~ainin~ unit employees who obtain a performance evaluation score
below 2.0. will not receive a wa~e increase.
c. No merit increase will be awarded durin~ the probationarv period.
16.; 1 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee that who is at the maximum of the salary
range shall receive the market adjustment increase and the Performance
Evaluation wage increase, if applicable, as a lump-sum payment.
164 ~ The April 1 Performance Evaluations and re-evaluations at each thirty (30) day
period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or
"needs improvement" must have been previously provided to the employees being
evaluated. Through Labor/Management meetings, the Union and City shall
continue to work on the evaluation process in order to ensure pay equity for
employees.
16.~.2 Employees who receive a performance evaluation rating that falls below a the
"Meets Expectations" level (rating of less than 2) shall be placed on a Performance
Improvement Plan. It is the responsibility of each employee to perform at-a
minimum level of".Meets Standards" at the "Meets Standards" level as a
minimum level of performance.
each 6/9/06
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
ARTICLE 23
23.0 SICKLEAVE
23.1 An employee shall notify his/her immediate supervisor or the supervisor's
designee, in a manner provided for by management, of his/her illness no less than
one half (1/2) one (1) hour before his/her normal workday begins. This procedure
shall be followed for each day the employee is unable to work unless prior
approval is granted by department management, wherein the employee notifies
his/her supervisor of the will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
a. Employee's health, or up to five (5) days per year for illness of immediate
family member the employee's parent, spouse, or child.
b. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
c. Quarantine due to exposure to contagious disease.
d. In connection with Worker's Compensation.
23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) per month. No employee shall be entitled to use sick leave in excess of
the amount of such leave accumulated. Employees may accumulate a maximum
of 1040 sick leave hours. All unused hours shall be paid out at 50% upon
termination of employment with the City. Any accrued but unused sick leave
hours beyond 1040 shall be transferred into the employee's Personal leave bank at
one for one. Personal Leave hours may be utilize as necessary. Any unused
Personal Leave hours may be cashed in upon termination with City on a two (2) to
one (I) basis, or the full value of the hours may be used to purchase health care
benefits should the termination be due to normal or disability retirement.
23.4 An employee making a departmental transfer will retain any unused sick leave.
23.5 Employees who have attained non-probationary status and are regular employees
will have payment made for unused sick leave, for up to 1040 hours, af the rate of
50% of the total number of hours accumulated, but not taken, upon termination iIt
good standing, or retirement or death. (Retirement shall include normal'
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
XJ'
. 11 ~
, ,I
/ ' . L
City Of Boynton ach 6/9/06
l
48
-rA ~ u/o;~?
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
-f ~
23.7 Sick leave exceeding 3 consecutive work days requires medical certification
within three (3) days ofretuming to work.
23.8 Sick Leave Donations
23.8.1 It shall be the policy of the City to permit .~ employee who has a
minimum of 120 hours sick leave the opportunity of donating accrued sick
leave time to a designated employee whenever extra9Td.inary
circumstances require the designated employee to be absent from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless_a pattern of sick
leave abuse is present and the employee has had a counseling session with
his/her Director or Department Head. During that counseling session, the
employee will be informed of the reasons being considered for restricted
sick leave. At that time, the employee will be given an opportunity to
explain the sick leave taken.
23.9.2 When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) business days after the three (3) month period,
the employee wIll be automatically removed from restricted sick leave.
23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restricted sick leave beginning on the date of the policy violation. Foi:
each successive restricted sick leave violation the employee shall be
placed on restricted sick leave for an additional ninety (90) day period and
shall be subject to further progressive discipline up to and including
termination.
6/9/06
--IA ~ (; /; j~ 49
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
ARTICLE 26
26.0 VACATION
26.1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Days Vacation Hours
1 Years 10 80
2-3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years 21 168
10-15 Years 22 176
16-20 Years 24 192
21 Years & After 25 200
26.2 Vacation leave may be taken as earned subject to the approval of the Department
Head who shall schedule vacations to meet the operating requirements of the
Department.
26.3 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1-
September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that (October 1 - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within one (1) two (2) day~ of the work shift, the day the request is made.
Vacation requests of four (4) shifts or more must be requested and ,approved or
denied within 1\'10 (2) days one (1) week of the day the request is made. Vacation
requests of two or more weeks require at least twentv one (21) calendar davi
notification. Manal!ement will approve or deny the vacation requests for two '.
(2) weeks or more within seven (7) days of the request.
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26.5.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacation are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
Q;Jj-'
)1"
(./ d'
City O(Boynt
6/9/06
--rA-~ ujqh&
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
52
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
26.5.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours cash-in will be calculated at 50% of the_employee's-hourly
rate. The total of vacation and sick may not exceed 90 hours and vacation
hours must always be used before sick hours. Payment for sick leave hours
may only be granted if the employee has the amount of sick leave credited
to hislher sick leave account. The employee must retain a minimum of
eighty (80) sick hours on the books.
26.5.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this agreement
26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published call-in procedure outlined in Article
25.1 of this Agreement.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
:74 ~n t/9~6
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
53
City Of Boynto
j
ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 Except in the case of negligence or misuse all employees requested to furnish
tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City-provided
tools, materials and items of value to perform their job, and who lose those tools,
materials and items of value, shall be responsible for replacing those lost tools,
materials and items of value. Tools stolen from their assigned City-owned vehicle
or City property shall be replaced by the City, if there was no negligence in their
loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared
by supervisors.
40.3 For the term of this agreement, employees who arc required to Vicar uniforms
shall receive the same number of uniform pieces allocated to them prior to the
ratification of the agreement. Uniforms will be provided annually as follows,
unless otherwise indicated below:
Application Technicians
911 Communications
Code Enforcement
6 Shirts, 2 Pants
6 Shirts
6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually). 2 Baseball caps
6 Shirts. 2 Pants. 1 Jacket. (Bi-
Annually). 2 Baseball caps
6 Shirts. 2. Pants. 1 Jacket (Bi-
Annually) 2 Baseball caps
6 Shirts. 5 Pants
6 Shirts. 5 Pants
6 Shirts. 5 Pants. 1 Jacket (Bi-
Annually). 2 Baseball caps)
Field Inspectors
Plan Review Analyst
Police Records Technicians
Service Writers
Water Quality Lab Technicians
Fire Inspectors. Community Service Officers. Police Crime Scene Technicians and
other employees covered by this ae:reenient but not listed will be issued uniforms in
6/9/06
77
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
accordance with the Department policy. The cost of the uniforms shall be borne by the
City. Employees are required to return uniforms to the City when they terminate
employment.
40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide 5e"fefl
fA six (6) polo shirts to each employee on their anniversary date. The cost of
uniforms and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 Automobile Allowance - Employees who are employed in the Building and
Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
each 6/9/06
/ 78
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NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
ARTICLE 52
52.0 DURATION
52.1 This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect
until September 30, ~ 2009. No wage or benefit provided herein is retroactive
in nature prior to the effective date of this Agreement. Wage and benefit levels
existing on September 30, ~ 2009 shall be frozen as of that date and shall
constitute the status quo during any period of negotiations for a successor
agreement. Both parties agree to reopen f..rtiole 16 for the purpose of determining
'Nage for the 2005/2006 fisoal year.
Agreed to this day of , 200~ ~ by and between the respective
parties through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC
PRESIDENT
Sharon Munley
Witness
Witness
CITY OF BOYNTON BEACH
MAYOR
Jerry Taylor
Witness
ATTEST
CITY CLERK
Janet Prainito
Witness
APPROVED AS TO FORM AND CORRECTNESS
CITY ATTORNEY
James Cherof
CITY MANAGER
Kurt Bressner
Date ratified by Commission:
,'1
Date ratified by Union:
91
[A~ {p/c;~&
NCF&O/SEIU Local 1227 6/9/06
White Collar Bargaining Unit
EXHIBIT C
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, 2006 - September 30,2009
TABLE OF CONTENTS
AR TI CLE 1 ......................................................................................................................... 5
1.0 PREAMBLE................. ............... .............. .............. ..... .......... ............. .....................5
ARTICLE 2 .......... .......... ..... ...... ...... .... ..... .... .... ......... ..... ...... .......... ......... ...... ... ... ..... ..... ......6
2.0 RECOGNITION............. ....................... ....... ....................... ............. .............. ......... 6
AR TI CLE 3 ......................................................................................................................... 7
3.0 RIGHTS OF EMPLOYEES.................................................................................... 7
ARTICLE 4 ... ... ........... .... ........ .............. ..... ......... ..... ..... .... ........... ............. .... .... ..... ... ... ....... 8
4.0 MANAGEMENT RIGHTS..................................................................................... 8
ARTICLE 5 .......................................................................................................................1 0
5.0 STRIKES........................................................... ............... ..................................... 10
ARTICLE 6 .................................................................................................................... ...11
6.0 NON-DISCRIMINATION...... ........................................................................... ...11
ARTICLE 7.0 ................. ............................. ................ ........................... ........................... 12
7.0 REPRESENTATION OF THE CITY ...................... .............................................12
ARTICLE 8 ...................... ........................... ..................................................................... .13
8.0 UNION REPRESENTATION.... ............................. ...... ......... ............ ........... ........13
ARTICLE 9 ............................................................................................................ .......... .14
9.0 COLLECTIVE BARGAINING ..................... ................................... .... .... ...... .......14
ARTICLE 10 .................................................... ................................................................ .15
10.0 UNION TIME POOL...................................................... ........... ......................... ..15
ARTICLE 11 ................................................................................................................... ..16
11.0 BULLETIN BOARDS.................. ....................................................................... ..16
ARTICLE 12 .....................................................................................................................1 7
12.0 PROGRESSIVE DISCIPLINE ............................................. ................................ .17
ARTICLE 13 .......................... ................ ......................................................................... ..27
13.0 GRIEVANCE PROCEDURES.......... ......... ..... ........... ........................... ..... ..........27
ARTICLE 14 . ............................................... ..... ................................................................ 30
14.0 BASIC WORK WEEK AND OVERTIME...........................................................30
ARTICLE 15 ..................................................................................................................... 32
15.0 COMPENSATORY TIME.. .... .............. .................................. .............. .................32
ARTICLE 16 ................. ................................................................................................... .33
16.0 WAGES................................................................................................................. 33-
ARTICLE 17 ...................................................................... ..... ................................ .'......... 3 5
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.......35
ARTICLE 18 .................................................. ......................... ..........................................38
18.0 STANDBY AND CALL BACK PAY ..................................................................38
ARTICLE 19 .................................. ........................................... ................................. .......39
19.0 EMERGENCY PAY POLICy.... ........ .............. ........... ................ .................... .....39
ARTICLE 20 .................................................................... ................................................ .43
20.0 CERTIFICATION PAy........................................ ................................................ 43
ARTICLE 21 ..................................................................................................................... 44
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................44
2
ARTICLE 22 .................................................................................................................... ....
22.0 WORKING IN A HIGHER CLASS......................................................................45
ARTICLE 23 ...................................... .............................. .......... ......... ............................ ..46
23.0 SICK LEAVE................. ............................................ ......... ........ ..................... .....46
ARTICLE 24 ......................... ......... ....................................... ................. .................. .........48
24.0 WORKERS COMPENSATION............... ..... ........................ ................ .......... .....48
ARTICLE 25 ......................................................................................... ........... ........;. ...... .49
25.0 LIGHT DUTy...... .................... ....................................... ....... ............................. ..49
ARTICLE 26 ....................... .............................................. .................................... .... ........50
26.0 VACATION... ............... ........................... .......... .......... ..... ..... ..... ........... ...............50
ARTICLE 27 .....................................................................................................................52
27.0 BONUS DAyS........... ........................................ .................... .......................... ..... 52
ARTICLE 28 ..... ..... ...................... .......... .................... ...... ...... ............. ....................... ........53
28.0 HOLIDAYS ................ ................... ............... ...... ..... .......... ..... ...... ......... .'... ..... .......53
ARTICLE 29 ...................... ...... ............ ...... ............... .................... ........... ......................... 54
29.0 COMPASSIONATE LEA VB.................. .............................................................. 54
ARTICLE 30 ....... ...... .................... ................................. ....................... ................. ..... ...... 55
30.0 MILITARY LEAVE.. ......... ...................... ................................. ............ ................55
ARTICLE 31 .............. ...... .............. ..... ....... ......... ..... ............ ................. ..................... ....... 56
31.0 LEA VB OF ABSENCE... .............. .................. .............. ............. ................. .......... 56
ARTICLE 32 ..................................................................................................... ................57
32.0 UNAUTHORIZED ABSENCE.............................................................................57
ARTICLE 33 .................................................... .................................................................58
33.0 JURY DUTY ..... ...... ................. ........... ...... ..... ....... .......... ............ ...... ......... ........... 58
ARTICLE 34 ..................................................................................................................... 59
34.0 SENIORITY & LAYOFF & RECALL .................................................................59
ARTICLE 35 . ....... ......... .......... ........... ... ......... ..... ....... ..... ... ......... ........ ...... ...... ............ ...... 61
35.0 RECRUITMENT AND SELECTION.... ......... ............ ..................... .............. .......... 6 I
ARTICLE 36 ..... ... ....... ... .............. ................ .... ........ ... .... ... ....... .......... ...... ............. ...... ..... 65
36.0 SAFETY AND HEALTH........... .................... ......... ............. ..... .......... .......... ........65
ARTICLE 38 ............................................. ........................................................................67
38.0 PERSONNEL FILES ........... ..... ...... '" .... ..... ......... ........... ...... .... .... ....... ........ .... ...... 67
ARTICLE 40 ......................................................................................................:.............. 75
40.0 GENERAL PROVISIONS.. ....... ............ ........... ........ ....... ........ ................ ........ ..... 75
ARTICLE 44 ....... ..... ...... .......................................... ........ ........ ...... ........ ...................... ..... 8 r
44.0 PROBATIONARY PERIOD ............................ ........ .... ......................................... 81
ARTICLE 45 ... ..... ............................ ........ ........ ...................... ............................ ...............82
45.0 LONGEVITY BENEFIT .................... ............... ............... ................. .............. ......82
ARTICLE 46 ... .............. .......... .............. ........ ....... ...... ........................ ..... .......... ... ..... .......83
46.0 BONUS INCREASES ............................ .................... ...... ..... ................. ...............83
ARTICLE 47 .....................................................................................................................84
47.0 LABOR-MANAGEMENT....................................................................................84
ARTICLE 48 .... ....... ..................... ........ ......... ................... .............. ........... ....... ...... ...........85
48.0 SAVINGS CLAUSE ............ .............. ..... ......... .......... ............ ...... .......... ............... 85
ARTICLE 49 ..................................................................................................................... 86
3
49.0 MAINTENANCE OF CONDITIONS....................... .................................... ........ 86
ARTICLE 50 ........ ..... ...... ........... .................... ..... ....... ........... ...... ............. ......................... 87
50.0 POSTING OF AGREEMENT..................... ......... .......... ................ ....................... 87
ARTICLE 51 ... ......... ...... ...................... ........... ......... ................... ,....... ...................... ........ 88
51.0 COLLATERAL DOCUMENTS ......... ......... ........... ............... ................... ............88
ARTICLE 52 ..................................................................................................................... 91
52.0 DURATION ...................... ....................................,.. .................... ................. ...:.... 89
4
ARTICLE 1
1.0 PREAMBLE
1.1 This agreement is entered into by and between the City of BoyntonB.each,
Florida, hereinafter referred to as the "Employer" or "City", and the National
Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter
referred to as the "Union".
The general purpose of this Agreement is to set forth terms and conditions of
employment and to promote orderly and meaningful labor relations for the mutual
benefit of the City of Boynton Beach in its capacity as an employer, the
employees, and the citizens of Boynton Beach.
1.2 The parties agree that nothing in this agreement shall prohibit the parties from
meeting and discussing any items of mutual interest in accordance with the law.
5
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the
bargaining unit described below for the purpose of bargaining collectively with
the City relative to wages, hours, and terms and conditions of employment of the
pubic employees within the bargaining unit.
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 In the event of a conflict between the foregoing list of positions included in the
bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
6
ARTICLE 3
3.0 RIGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from any such activity. .
3.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when they believe a
meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
7
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue
to retain, the right to organize, plan, direct, control, operate and manage its affairs
and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this
section, the legal principle that "the expression of one item is the exclusion of
another" shall not apply. Rather, full effect shall be given to the intention of the
parties that management shall retain all constitutional, ordinance, inherent,
common law, or other rights except to the extent specific provisions of this
Agreement expressly provide otherwise. The Union recognizes the prerogatives
of the City to operate and manage its affairs in all respects; and the powers and
authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of
the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological ~hanges or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.1.4 To determine the methods, income and personnel by which such
operations are to be conducted including the right to contract and sub-
contract existing and future work.
4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1. 7 To determine the organization of City government.
8
4.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
4.1.9 To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
4.1.10 To manage and direct the work of the employees of the City, including the
right to assign work and overtime.
4.1.11 To establish, determine, implement and maintain effective internal security
practices.
4.1.12 To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
4.1.13 To determine lunch, rest periods, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed. ~
9
ARTICLE 5
5.0 STRIKES
5.1 The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or
their member agents or designees, agree during the life of this Agreement that
they shall have no right to engage in any work stoppage, slow down, strike or
unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City 12 hours after commencement of such strike, what legitimate
measures it has taken to comply with the provisions of this Article.
10
ARTICLE 6
6.0 NON-DISCRIMINATION
6.1 The Employer and the Union agree that all provisions of the Agreement shall be
applied to all employees covered by it and the Employer and the Union affirms
their joint opposition to any discriminatory practices to the extent prohibited by
law in connection with employment.
6.2 It is agreed that no employee shall be discriminated against, as prescribed by State
or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or
membership or non-membership in the Union.
6.3 The parties agree that this Article is not subject to grievance or arbitration.
11
ARTICLE 7.0
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
12
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and four (4) City employee
stewards as agents of the Union. The Union shall furnish written notice ~o the
Department Head of the designated Union officers and stewards within three days
of ratification of this Agreement and when any change ill' designation is made
thereafter. The City recognizes the right of the Union to designate one (1) chief
steward from among the four (4) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
8.2 Non-employee officials of the Union shall, with prior written notification to the
City Manager be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only be
able to meet with City employees in non-work areas (i.e., break: areas) and during
non-work time. Nothing in this section shall preclude, or interfere with the City's
right to control access to City facilities for safety and lor security purposes.
Access shall not be unreasonably withheld.
8.3 Union stewards will be granted paid leave to engage in collective bargaining with
the representatives of the City and consultation with management, including
Labor/Management meetings, subject to section 9.2.
8.4 Union stewards granted leave may utilize "union time pool" time to engage in the
following representative activities:
1. When an employee who is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee who is or responding to a disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 8.3. ~
8.6 The City Manager will grant the Union stewards combined leave, without pay, for
a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day
operations in the any department.
8.7 Stewards shall maintain and provide to the City a Union Business time-out slip
that shall be processed to show their accumulated hours used against the Union
time pool. The form for this purpose shall be attached hereto as Appendix "A" to
this agreement.
13
ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in
writing to the City Manager. The President of the Union, or the person or persons
designated shall have full authority to conclude a Collective Bargaining
Agreement on behalf of the Union subject to a majority vote of those members of
the Bargaining Unit voting on the question of ratification. It is understood that the
Union representative or representatives are the official representatives of the
Union for the purpose of negotiating with the City. Such negotiations entered into
with persons other than those defmed herein, regardless of their position or
association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be
the responsibility of the Union to notify the City Manager in writing of any
changes in the designation of any certified representative of the Union.
9.2 No more than two (2) stewards or bargaining unit members may participate in
collective bargaining while on duty, without loss of pay. Additional bargaining
unit members may attend while off duty or when on approved leave.
14
~-~:"::"~.,=~
ARTICLE 10
10.0 UNION TIME POOL
1 0.1 Members of the bargaining unit may each donate a share of their accrued vacation
and/or compensatory time bank of hours to fund the Union time pool. The
employee's designated donation shall be deducted each October 1 st during the
term of this agreement.
10.2 Union time pool time may be transferred from steward to steward. If the total
hours used exceeds the total amount of hours in the time pool, stewards may be
released without payor they may use accrued vacation time, but in either event,
only at the discretion of the department head (or designee), whose approval shall
not be unreasonably withheld and when releasing such employee does not
adversely effect the on-going day to day operations in any department. Additional
hours may be used, with pay, when those hours are funded by "Union Time Pool"
time.
10.3 The City may stop the use of such time off if it interferes with productivity or
manpower needs. However, the exercise of such right on the City's part shall not
be arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives the employee of his or her right ofrepre~entation.
10.4 Donations to the union time pool shall be solicited by the union during ratification
of the agreement or any other non-work time. Donations shall be transferred from
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the agreement during the month of October.
10.5 The City shall match the number of union time pool hours each year, at 50% of
the number of hours accumulated by the union.
10.6 Time pool hours shall roll over from one year to the next.
10.7 Union representation shall utilize the designated union time-out slip when using
time pool hours.
10.8 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.9 Union time pool hours shall be classified as paid leave from work.
15
ARTICLE 11
11.0 BULLETIN BOARDS
11.1 The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to
work for the use of LOCAL 1227. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned)
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union
is responsible for posting and removing approved material on its bulletin board
and for maintaining such bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
16
ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient
public service directly correlates with appropriate employee conduct and
performance. Employee behavior that is positive and supportive of the
goals of effective municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline is suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to
motivate employees to choose behavior conducive to an individuals
growth, development and most importantly to insure the successful
operation of the City and its services. However, in certain circumstances
punitive discipline actions will be necessary. There is no "fixed formula"
for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varyirig incidents,
past performance or severity of the incident.
12.2.2 Although progressive disciplinary actions are encouraged when
circumstances support such use, the severity of misconduct and the
circumstances shall determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate
level of discipline to be taken at each successive step. Such factors may
include time intervals between offenses, effectiveness of prior disciplinary
actions, insubordination, employee willingness to improve, overall work
performance and teamwork.
17
12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
12.2.5 The level of misconduct may differ in individ,ual cases from apparently
similar incidents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations that may arise
in the future. This case-by-case method is designed to take individual
circumstances and/or mitigating factors into account. These provisions are
not to be construed as a limitation upon the rights of the City, but are to be
used as a guide.
12.2.6 Regular employees may respond to discipline actions of counseling and
written reprimands by requesting an administrative review by the Human
Resources Director. Such request shall be made within ten (10) calendar
days of the imposition of the discipline. The Human Resources Director
shall review the disciplinary action in question and shall either sustain,
reverse, or modifY the disciplinary action. The Human Resources
Director's disposition shall be made within thirty (30) days of the
employee's request for review. The Human Resources Director's
disposition is final and not subject to further review.
12.2.7 Disciplinary actions for misconduct or serious misconduct older than a two
(2) year period shall not be referred to or considered in any current
disciplinary action.
12.2.8 The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXANWLESOFMISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses that violate permissible behaviors or are-
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and cooperation
among City employees, or undermine the public confidence in the City or its
employees.
]8
2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break: period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
Documented failure of a supervisor to perform duties required of supervisory employees
including recommending and/or taking disciplinary actions when necessary.
NOTE: This chart outlines the usual progression options for repeated occurrences
of misconduct. If serious misconduct or extreme misconduct has occurred
I th 'll b fi
prevIOUS y, ere WI e aster prORfeSSIve action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Payor Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to serf others or
damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
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b. Absent without calling in to department within one hour of shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
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2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
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Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense
2.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 When an immediate supervisor becomes aware of conclusive evidence of
the need for the employee discipline, he/she becomes responsible and shall
investigate the circumstances of the misconduct or lack of performance,
prior to deciding upon the type of disciplinary action to be recommended
or taken. Documentation of the discipline investigation or of the conduct
shall be required on the part of the immediate supervisor in order to
establish appropriate records. Human Resources will be available to assist
in such investigations. In cases where investigations of a more substantial
nature are required, the following types of administrative review shall be
administered.
12.4.2 Administrative Review - Investigations of non-criminal violations
conducted in the absence of immediate or conclusive evidence involving
any City employee, with the exception of Police department employees.
These investigations shall be conducted by the Department Director and
Human Resources, who shall obtain all sufficient information, including
documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume
responsibility for acquiring any necessary sworn statements.
Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal
violations are reportedly committed by an employee of the City. These
investigations shall be conducted by the Police Department, in
collaboration with the Department Director of the involved employee.
12.4.3.1 In instances where an investigation of serious, unlawful or othe~
extreme misconduct is necessary, administrative and/or criminal
investigations shall be conducted prior to the effective date of final
disciplinary action.
12.4.3.2 The immediate supervisor may initiate a three-day suspension or
less suspension with pay to afford a supervisor the opportunity to
investigate an alleged incident or misconduct in the absence of the
employee. Suspensions of more than three days with pay require
the approval of the Human Resources Director. This practice may
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also be used in the event that alleged misconduct is severe but
unproved. The immediate supervisor shall immediately notify the
Department Director and Human Resources after the suspension is
issued, so that the matter . can be investigated.
12.4.3.3 A recommendation for disciplinary action may result from the
findings of an investigation. If disciplinary measures. are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be
made part of the employee's record.
12.5 TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the
employee on improvements expected. Counseling serves as a warning against
further repetition of employee behavior. Future violations will result in discipline
up to and including termination.
The immediate supervisor should complete a Counseling Memorandum. The
employee shall be required to sign the form signifying that helshe has read and
discussed the contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for
retention in the employee's records, with a copy provided to the employee. The
supervisor may request that the employee complete a written action plan to correct
the behavior. Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements.;
previous records of discussion; a time frame within which the employee must
correct or improve his/her behavior; and a warning that future violations will
result in further disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a
copy provided to the employee. Employees may submit comments for inclusion
in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
23
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee;s performance appraisal
along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior, or when instances of progressive
discipline supports a suspension without pay for a specified period of time. Any
time an employee is suspended for discipline the suspension shall be without pay.
1. With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) working days or less.
2. Suspensions without pay beyond three working days require prior concurrence
by Human Resources, review by the City Attorney's Office and authorization
by the City Manager's Office.
3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason for
the action and the duration of the suspension without pay. It shall also include
a statement that future violations will result in further disciplinary actions up
to and including termination.
4. Employees may submit comments for inclusion in the record. Written
notification of a suspension shall be signed by the suspended employee
acknowledging receipt of the written notification, and forwarded to Human
Resources for inclusion in the employee's record, with a copy provided to the
employee, the Department Director, and one to the Finance Department for
payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of.an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to suqJl
instances, demotions may occur in some cases because of the inability to fulfill
the duties of the higher level job in a satisfactory manner; or a failure to comply
with employment conditions such as licensure or certification. In addition,
probationary employees shall be subject to demotion without the City being
required to state a reason. The probationary employees shall not have access to
any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
24
Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided. to the employee by the
department Director. Such notices shall include the fmal decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct.
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease,
except as otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in tIie
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be fmal subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
25
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments for
inclusion in their personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or
more, or a termination, the City shall conduct a predetermination hearing. The
Human Resources Director and the City Manager's designee shall conduct the
predetermination hearing. The employee shall be provided with rea~onable notice
of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the
charges brought against the employee. Following the predetermination hearing,
and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date(s) if appropriate.
12.7 EMPLOYEE APPEALS - GRIEVANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any
type of disciplinary action.
12.7.2 Regular employees shall have just cause appeal and grievance rights as
outlined in Article 12 of this Agreement. .
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on
a Performance Improvement Plan. The purpose of Performance Improvement Plan
is to monitor employee performance, with an evaluation of performance being
made every 30 days. The employee must demonstrate immediate and sustained
improvement in their performance throughout the 90-day evaluation period or face
dismissal.
26
ARTICLE 13
13.0 GRIEVANCE PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the appliGati.on or
interpretation of this Agreement. Issues or disputes which are not grievances as so
defined shall not be subject to arbitration, but may be processed through the
grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive
method for resolving any dispute involving the application or interpretation of the
Agreement.
13.3 All grievances shall be in writing on a form prepared by the City and the Union.
All responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
Failure by management to observe time limits for any step of the grievance
procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended only by mutual written agreement of the
Union and the City.
13.4 GRIEVANCE PROCEDURE STEPS
13.4.1 Within ten (l0) business days of the incident or the time which the
employee had knowledge of the incident, the employee or Union may
initiate a written grievance with the employee's Department Director. The
grievance may be hand delivered or sent by facsimile. Within five (5) days
of receiving the grievance, the Department Director will contact the
aggrieved employee and/or union representative and schedule a meeting
within five (5) days of contacting the aggrieved employee and/or union
representative to discuss the matter. The Department Director shall
respond to the grievance on or before 5:00 PM on the eleventh (lIth)
business day following the date of receipt of the grievance.
27
The written grievance should state the following:
a. Statement of the grievance and the facts upon which it is based.
b. The Article(s) and Section(s) of this Agreement alleged to have been
violated.
c. The action, remedy, or adjustment requested.
d. The signature of at least one aggrieved employee and/or a uruon
representative and the date filed.
e. A statement indicating the grievance is a class action grievance, when
appropriate.
f. A statement identifying the positions of the class of workers affected,
when brought as a class action grievance.
13.4.2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director, the employee, or union
representative if applicable, shall have the right to file a written appeal of
the decision, stating the basis for the appeal, to the Human Resources
Director within five (5) business days of the date of receipt of the
Department Director's decision. Failure to fully state all basis for the
appeal shall not preclude the employee or union representative such basis
for appeal at a later time in the grievance process.
Within five (5) business days of receipt of the grievance, the Human
Resources Director will contact the aggrieved employee, and union
representative if applicable, and schedule a meeting within five (5)
business days to discuss the matter. The Human Resources Director or
designee shall respond in writing to the employee within five (5) business
days of the meeting.
13.4.3 When a grievanceldisciplinary appeal if not settled under the forgoing
steps of the grievance procedure, the employee or, if applicable, the Union,
within twenty (20) days of such decision or termination, may refer the
dispute to an impartial arbitrator from the pre-selected panel of arbitrators
appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing
on the matter appealed will be heard within ninety (90) calendar days
following appointment. If the arbitrator is not available within a 120 day
period, the next arbitrator on the list shall be used. Neither party shall
utilize court reporters and/or written briefs. The arbitrator shall make a
final and binding ruling within 14 days of the hearing.
28
---- -_..~".:"----,
The City and the Union have selected a panel of six (6) arbitrators from
the Federal Mediation and Conciliation Service (FMCS). The City selected
three (3) arbitrators and the Union selected three (3) arbitrators. These
arbitrators shall hear grievances on a rotating basis, beginning in
alphabetical order of the arbitrator's sir name, as follows:
1. Rodney Dennis 4. Mark Grossman
2. Ben Falcigno 5. Robert Hoffinan
3. Ramon Fernandez 6. Tom Humphries
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. Helshe shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within hislher jurisdiction shall be final
and binding on the Union, the City and the employee covered by the Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days from receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself If the City raises the question of
arbitrability and loses that determination, the City shall pay the cost of the
arbitrator. If the City raises the question of arbitrability and the arbitrator
determines that the matter is not arbitrable, the Union shall pay for the arbitrator.
The City and the Union agree to share all information each party will present to
the arbitrator no later than ten (10) days prior to the date of the arbitration, even if
such information was accumulated after the final grievance step or after the
terminated employees' pre-determination hearing.
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a
settlement, the arbitrator's fee and expenses shall be born equally by the partie&,
unless they agree otherwise.
13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of
holidays recognized by this Agreement.
29
ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of
work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours worked per week.
14.2 All authorized and approved work performed in excess of forty (40) hours in any
one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-halftimes the employee's straight time rate.
14.3 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.4 Overtime shall first be offered on a rotating basis in order of seniority within each
classification. The parties agree that when employees are asked to work overtime
and management contacts the appropriate employees from the seniority list, the
second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to
continue down the seniority list of employees.
14.4.1 In the event an employee is required to work overtime, helshe shall not
have his regular shift hours changed nor shall helshe be placed in a non-
paid status in order to preclude the payment of overtime.
14.4.2 Supervisors shall provide no less than two (2) hours advance notice to
employees prior to the assignment of unscheduled, mandatory overtime
unless circumstances prohibit such advance notice, in which case, the
employer shall give as much notice as is reasonably possible. '
14.5 Shift Bidding and Posting. Employees who work in departments within the CitY
in classifications that are covered by more than one shift shall be allowed to bid
shifts, which shall be granted by seniority once each year to be completed by
January 31 st. Should management have a compelling operational need, they may
designate the number of A-Class workers (those with five or more years of
experience) and'the number of B-Class workers (those with less than five years of
experience) required to work on each shift so that a balance of experience may be
achieved for each shift. Employees shall have an opportunity to give input on the
development of their shifts.
30
14.6 Employees cannot be in a work status more than seven (7) minutes prior or seven
(7) minutes after regular workday unless they have their supervisor's approval to
be in a work status. Each employee must be advised of the official start and
ending time of their department workday.
For purposes of overtime, the City will follow the Depaitment of Labor's "7/8
Minute Rule." This rule means that an employee will not be eligible for overtime
until helshe has been on the job,for more than seven minutes, i.e. at the start of the
eighth (8th) minute they would then receive fifteen (15) minutes at time and a half.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
or late. The employee shall be marked as tardy or late using the same 7/8 Minute
rule, for purposes of calculating payroll. An employee will be deemed "tardy" if
they appear for work up to six (6) minutes after the designated starting time and
"late" if they appear for work seven (7) minutes or more after the designated
starting time. Any employee who is tardy or late is subject to appropriate
discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees which clock will be utilized for timekeeping
purposes.
31
ARTICLE 15
15.0 COMPENSA TORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. Employees may accumulate up to eighty (80) hours of
compensatory time. At no time may an employee accumulate more than eighty
(80) hours of compensatory time. Compensatory time may be taken as earned
subject to the approval of the Department Head who shall schedule the time off to
meet the operating requirements of the Department.
15.3 It is solely the employee's choice as to whether he/she wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay, or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
32
ARTICLE 16
16.0 WAGES
16.1 Effective October 1, 2006, bargaining unit employees shall receive a five (5) %
market adjustment added to base wage.
16.2 Effective April 1, 2007, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4)%.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.3 Effective October 1, 2007, bargaining unit employees shall receive a five (5) %
market adjustment added to base wage.
16.4 Effective April 1, 2008, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4)%.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.5 Effective October 1, 2008, bargaining unit employees shall receive a two (2) %
market adjustment added to base wage.
33
16.6 Effective April 1, 2009, non-probationary bargaining unit employees shall receive
the following Performance Evaluation wage increases added to base wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to the score, not to exceed
four (4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.7 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee who is at the maximum of the salary range
shall receive the market adjustment increase and the Performance Evaluation
wage increase, if applicable, as a lump-sum payment.
16.8 The April 1 Performance Evaluations and re-evaluations at each thirty (30) day
period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or
"needs improvement" must have been previously provided to the employees being
evaluated. Through Labor/Management meetings, the Union and City shall
continue to work on the evaluation process in order to ensure pay equity for
employees.
16.9 Employees who receive a performance evaluation rating that falls below the
"Meets Expectations" level (rating of less than two point zero (2.0)) shall be
placed on a Performance Improvement Plan. It is the responsibility of each
employee to perform at the "Meets Standards" level as a minimum level of
performance.
34
ARTICLE 17
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
17.1 PROMOTIONS
17.1.1 Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six months and have at
least a meets standards performance level. Each promoted employee must
successfully complete a six month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt to exempt position:
+ 10% of mid-point of new grade or to minimum of new grade whichever
is higher
Promotion of one grade (exempt to exempt or non-exempt to non-exempt):
+5% of mid-point of new grade or to minimum of new grade, whichever is
higher
Promotion of two grades (exempt to exempt or non-exempt to non-
exempt):
7.5% of mid-point of new grade or to minimum of new grade, whichever
is higher
Promotion of three or more grades (exempt to exempt or non-exempt to
non-exempt):
+ 10% of mid-point of new grade or to minimum of new grade, whichever
is higher
17.1.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
17.1.3 Each promoted employee must successfully complete a probationary
period of six months from the date of promotion. Note: Applicants for
promotion must have been in their current position for a minimum of six
months and have a Meets Standards or higher performance rating.
35
17.2 DEMOTION
17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
5% of mid-point of current grade (position leaving)
Decrease of two grades:
7.5% of mid-point of current grade (position leaving)
Decrease of three or more grades:
10% of mid-point of current grade (position leaving)
17.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
17.2.3 The pay of a promoted employee who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the
promotional increase.
17.2.4 Exceptions to this policy may occur if there is a department restructuring
that results in an involuntary demotion for one or more employees. The
City Manager must approve any restructuring and resulting demotions.
This shall not be construed to reduce an employee's rate of pay beyond the
percentages set forth in section 17.2.1.
17.3 LATERAL TRANSFER
17.3.1 Employees transferring from one position to another in the same pay
grade, whether in the same or in a different department, will maintain the
same pay rate.
17.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from the date of
transfer. Probationary employees, whether in their first year as an
employee or in their six-month promotional probationary period have no
property entitlement to their position.
17.4 RECLASSIFICATION
17.4.1 Positions may be considered for reclassification only upon written request
of the Department Head, including detailed justification. If the
reclassification is for a change to an existing position classification (e.g.
Grade 13 to Grade 14), the incumbent must complete a position
questionnaire, which will then be evaluated by the Human Resources
Department. If the request is to change from one current position
classification to another (e.g. Office Assistant to Office Assistant, Sr.), that
justification must be included in the Department Head's request.
17.4.2 Reclassification requests will be considered each year during the budget
process. Reclassifications requested during the fiscal year will be
considered only if the department is restructuring or realigning major
36
responsibilities. Mid-year reclassifications must have the approval of the
HR Director, Finance Director and City Manager.
17.4.3 Implementation of any reclassification, whenever approved, will not
become effective until the necessary funds are available in the department
budget. Any salary change required by a reclassification will become
effective as of the date the reclassification is approved.
17.4.4 Human Resources will provide a copy of the department head's request for
reclassification upon the approval of the rec1ass.
17.5 PROMOTION FROM PART-TIME TO FULL-TIME
17.5.1 Each promoted employee must successfully complete a probationary
period of twelve months from the date of promotion.
f>
17.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
37
ARTICLE 18
18.0 STANDBY AND CALL BACK PAY
18.1 STANDBY PAY - In order to provide coverage for services during off-duty hours,
it may be necessary to assign and schedule certain bargaining unit employees to
standby beeper duty. A standby beeper duty assignment is made by a department
director or his/her designee who requires an employee on his/her off-duty time,
which may include nights, weekends or holidays, to be available to perform his
normal daily job function during off hours, due to an urgent situation. Employees
placed on Stand-by who are assigned a take home vehicle according to the
department's rotation list shall be assigned a take-home vehicle appropriate for
the completion of the task required of the employee should he/she be called back
to work. The employee shall receive one hours pay at the overtime rate for each
day or portion thereof that they are assigned standby beeper duty.
18.2 No employee may be assigned to or paid for STANDBY on any day when the
employee is in or scheduled to be in any leave status for that entire shift.
18.3 No more than 14 days of STANDBY can be paid in any pay period.
18.4 CALL BACK PAY - An employee called back to work after having been relieved
and having left the assigned work station, or called in before his/her regularly
scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of
one and one-half (1 'l2) times his/her basic hourly rate of pay when such callback is
between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a
minimum of three hours at the rate of one and one-half (1 'l2) times his/her basic
hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m.
Employees shall be paid for the actual hours worked for all hours worked in
excess of the appropriate callback minimum. No concurrent paymenf of call-back
and regular pay is permitted.
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ARTICLE 19
19.0 EMERGENCY PAY POLICY
19.1 Purpose.
To establish levels of compensation for regular, part-time and seasonal employees
who are released from work or who are retained at work or called back to work to
perform City work during the threat or occurrence of a hurricane, severe storm,
civil disaster, or other emergency conditions affecting the City Of Boynton Beach.
19.2 Local State of Emergency.
A local civil emergency shall be deemed to have commenced when the City
Manager (or an acting City Manager when the City Manager is not available to
act) files with the City Clerk a declaration that the City is in a state of local civil
emergency. Immediately following such declaration, the City Manager (or Acting
City Manager) will inform each City department and office in as timely a manner
as possible by written or electronic communication that a state of civil emergency
is in effect. The state of local civil emergency shall continue in effect until
rescinded in writing by the City Manager (or Acting City Manager)"filed with the
City Clerk.
19.3 Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective immediately
following the declaration of a state of local civil emergency by the City Manager,
and are considered from that point to take precedence over all other Personnel
Rules and Regulations, policies, ordinances and collective bargaining agreements
of the City of Boynton Beach in the matters of pay, compensation and leave'
discussed herein. The provisions of this Emergency Pay Policy shall apply for the
entire time period during which the declared state of local civil emergency exist.
19.4 Designation of employees for pwposes of establishing pay and compensation. In
a manner to be determined by the City Manager or hislher acting designee, all City
employees (regardless of full-time, part-time, seasonal, exempt or non-exempt
status) will be classified into one of the following three categories:
A = Essential/Mandatory Personnel
The assistance of these employees is
considered essential to the City's
ability to function and provide
public services in the event of a
civil emergency.
Depending on circumstances and needs,
the assistance of these employees
may be required in the event of a
civil emergency.
B = Essential Personnel
39
C = Non-Essential Personnel
The assistance of these employees is
normally not required during a
civil emergency event.
Employees who are classified as category "A" (EssentiallMandatory Personnel)
are expected to report for work at the beginning of their assigned shift, work their
entire shift, and be prepared to work any overtime hours as may be required Under
emergency conditions.
Category "A" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "A" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "B" (Essential Personnel) should be
prepared to report for work, and should be prepared to work any overtime hours if
required to do so.
Category "B" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "B" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "C" (Non-Essential Personnel) may be
released from their normal work duties and schedules as circumstances dictate,
subject to the following conditions:
(a) the employee is to remain in periodic contact with their supervisor
or other designated representatives in accordance with
departmental procedures;
(b) be available to respond to call back assignments as directed; and
(c) be prepared to work any overtime hours that may b~ required in
advance of or following an emergency event.
The City of Boynton Beach retains the right to change at any time an employee's
designation (as either "A", "B" or "C"), based upon the type of civil emergency
that exists, and upon the level or stage of response that is deemed appropriate by
City management to address the civil emergency.
19.5 Duty to Work
An employee, who is directed to report for work during a declared civil
emergency, and fails to do so, is subject to being disciplined, up to and including
termination. In addition to any disciplinary action, the employee shall forfeit any
compensation payable under these policies, except compensation for hours
actually worked.
40
19.6 Employee compensation.
Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential),
who is not exempt from the overtime provisions of the Fair Labor Standards Act,
will be compensated as follows'during a period of local emergency:
(a) The employee will be paid their regular compensation of all hours they are
scheduled for work, but released from work.
Example: If an employee's is scheduled to work from 8:00 A.M. to
5:00 P.M., but is released from work at 3:00 P.M., the employee
will be paid as though the employee worked until 5:00 P.M.,
however, only those hours actually worked will be counted for
overtime purposes.
(b) The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualify for overtime pay (time and one-half).
Example: If an employee who earns $10.00 an hour is scheduled
and required to work at 8:00 A.M. but a local emergency was
declared at 7:00 A.M., the employee shall be paid $20.00 an hour
for all hours actually worked until the local emergency ends.
19.7 Standby and Call back pay
No employee in entitled to nor shall receive standby payor call back pay during a
period of local emergency.
19.8 Record Keeping.
All employees are responsible for keeping accurate time logslrecords for hours
worked during a declared state of emergency. The submission of a request for
compensation for time worked when the employee did not actually work during a
period of local emergency is grounds for termination of employment.
19.9 Handling of leave requests during a declared emergency.
Leave requests approved prior to a declared local civil emergency will be honored
if, in the opinion of the employee's department director, the employee's absence
will not adversely affect the City's ability to effectively respond to the emergency.
However, all employees are subject to having previously approved leave~
cancelled, and new requests for leave denied, based upon an overriding
organizational need to have the employee report for duty to fulfill their job
assignments during an emergency. Any off-duty employee who anticipates being
unavailable to respond to a call back assignment associated with an emergency
has a responsibility to discuss their plans with their department director and
request to be relieved from call back responsibilities for the anticipated duration
of the emergency. The department director will evaluate the employee's reasons
for the request to be relieved of possible call back responsibilities and notify the
employee of hislher decision as soon as possible. All employees who request sick
leave immediately prior to, during, or in recovery from a declared emergency may
41
be required by the department director to submit appropriate medical
documentation to verify their sick leave request.
Special Note: An employee who is on a previously approved leave that was not
revoked prior to the specified local civil emergency time period is not eligible for
administrative leave with payor any other form of special compensation that may
be made available under the provisions of this policy.
19.10 Holiday Pay.
If the declared emergency time period should encompass a holiday, an employee
is eligible to receive any applicable holiday pay they are due in addition to any
special compensation that is to be paid to under the conditions outlined in Section
5 above.
19.11 Suspension of other compensation rules
During periods of declared local emergencies, the provisions of this ordinance
supersede all other provisions for scheduling and compensation set forth in any
other local rule, regulation, ordinance or collective bargaining agreement.
42
---=~"3'--",':'-'O- "
ARTICLE 20
20.0 CERTIFICATION PAY
20.1 The City shall pay $500.00 for each certification or license as determined and
agreed upon by the employee and the department head. The City shall also pay
the actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
Bargaining unit members who participate in departmental certification pay
programs are not entitled to participate in the program set forth herein.
20.2 A pre-determined list of job related certifications or licenses will be developed
through the laborlmanagement committee and attached to this article as an exhibit
and shall be developed no later than sixty (60) days from ratification of this
agreement.
43
ARTICLE 21
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
21.1 Employees who are assigned to train another employee who is new to a position
shall be assigned in writing and shall receive a 5% increase in pay during the time
they are training another employee.
44
- --"'.z-
ARTICLE 22
22.0 WORKING IN A HIGHER CLASS
22.1 Employees shall be required to perform work in a higher classification only upon
written memorandum by their supervisor. Employees who work in a higher
classification shall receive a 5% increase in pay, or the minimum of the higher
classification, whichever is greater until returned to their regular classification.
22.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in payor the minimum of the
higher classification, whichever is greater until returned to their regular
classification.
45
ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notify hislher immediate supervisor or the supervisor's
designee, in a manner provided for by management, of hislher illness no less than
one (I) hour before hislher normal workday begins. This procedure shall be
followed for each day the employee is unable to work unless prior approval is
granted by department management, wherein the employee notifies hislher
supervisor of the will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
a. Employee's health, or up to five (5) days per year for illness of immediate
family member the employee's parent, spouse, or child.
b. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
c. Quarantine due to exposure to contagious disease.
d. In connection with Worker's Compensation.
23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) per month. No employee shall be entitled to use sick leave in excess of
the amount of such leave accumulated. Employees may accumulate a maximum
of 1040 sick leave hours. All unused hours shall be paid out at 50% upon
termination of employment with the City. Any accrued but unused sick leave
hours beyond 1040 shall be transferred into the employee's Personal leave bank at
one for one. Personal Leave hours may be utilize as necessary. Any unused
Personal Leave hours may be cashed in upon termination with City on a two (2) to
one (1) basis, or the full value of the hours may be used to purchase health care
benefits should the termination be due to normal or disability retirement.
23.4 An employee making a departmental transfer will retain any unused s~ck leave.
23.5 Employees who have attained non-probationary status and are regular employe~s
will have payment made for unused sick leave, for up to 1040 hours, at the rate of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, or retirement or death. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
23.7 Sick leave exceeding 3 consecutive work days reqmres medical certification
within three (3) days of returning to work.
46
23.8 Sick Leave Donations
23.8.1 It shall be the policy of the City to permit.an employee who has a
minimum of 120 hours sick leave the opportunity of donating,accrued sick
leave time to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from, work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless a pattern of sick
leave abuse is present and the employee has had a counseling session with
hislher Director or Department Head. During that counseling session, the
employee will be informed of the reasons being considered for restricted
sick leave. At that time, the employee will be given an opportunity to
explain the sick leave taken.
23.9.2 When an employee is placed on restricted sick leave, the employee will be.
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) business days after the three (3) month period,
the employee will be automatically removed from restricted sick leave.
23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restricted sick leave beginning on the date of the policy violation. For
each successive restricted sick leave violation the employee shall be
placed on restricted sick leave for an additional ninety (90) day period and
shall be subject to further progressive discipline up to and including
termination.
47
ARTICLE 24
24.0 WORKERS COMPENSATION
24.1 Whenever an employee is totally disabled from duty for a period of no more than
seven (7) calendar days because of an injury determined to be compensated under
the provisions of the Worker's Compensation Act, he/she shall be entitled to full
regular pay.
24.2 If the period of disability is greater than 7 calendar days, the employee shall
receive a sum of money up to an amount equal to the difference between hislher
worker's compensation check and hislher normal net pay up to three (3) months.
At the end of three (3) months, the Risk Manager will review the medical
certification from the employee's authorized workers' compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. If the continuation of the salary supplement is granted, it shall continue
at the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured
employee may elect to receive accrued sick leave, and after the sick leave is
exhausted, vacation leave, in accordance with hislher regular hourly wage to the
extent that hislher combined sick leave or vacation leave, and workers'
compensation benefits equal hislher regular weekly net take home salary. The
employee must contact the payroll clerk to qualify for the combined check.
24.4 It is incumbent on the employee to make application for disability in accordance
with their pension plan and the insurance plan they are covered under. Failure to
do this automatically cancels the additional City benefits.
24.5 If the appropriate disability plan denies the claim, the additional City supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the
salary supplement will be canceled after issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
24.6 If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving
compensation for hislher services elsewhere, during this period, he/she will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
48
ARTICLE 25
25.0 LIGHT DUTY
25.1 Employees who have injuries which prohibit them from performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until helshe has a full release to return to work from his/her doctor.
49
ARTICLE 26
26.0 VACATION
26.1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Days Vacation Hours
1 Years 10 80
2-3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years 21 168
10-15 Years 22 176
16-20 Years 24 192
21 Years & After 25 200
26.2 Vacation leave may be taken as earned subject to the approval of the Department
Head who shall schedule vacations to meet the operating requirements of the
Department.
26.3 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1 -
September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that (October 1 - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days of the work shift, the day the request is made.
Vacation requests of four (4) shifts or more must be requested and approved or
denied within one (1) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
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26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26.5.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacat~oh are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
26.5.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours cash-in will be calculated at fifty (50) % of the employee's
hourly rate. The total of vacation and sick may not exceed ninety (90)
hours and vacation hours must always be used before sick hours. Payment
for sick leave hours may only be granted if the employee has the amount
of sick leave credited to hislher sick leave account. The employee must
retain a minimum of eighty (80) sick hours on the books.
26.5.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this agreement
26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published call-in procedure outlined in Article
25.1 of this Agreement.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
51
ARTICLE 27
27.0 BONUS DAYS
27.1 INTENT
The intent of this Article is to establish a wellness program designed to minimize
time lost on the job and to help reduce the City's overall health insurance
expenses. The City recognizes that employees occasionally suffer from injuries or
illness necessitating the use of paid sick leave time off. However, this program
provides incentive to reward those employees who use sick time responsibly.
27.2 ACCRUAL
27.2.1 All full time City employees covered by this policy are eligible to receive a
bonus day for continuous attendance at work at the completion of each
calendar quarter that the employee has not used sick time during the
previous quarter, nor has been absent from work or on leave other than
those paid leave categories recognized in this document.
27.2.2 Bonus days shall be counted as vacation leave and subject to the provision
set forth for use of vacation.
52
ARTICLE 28
28.0 HOLIDAYS
28.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
President's Day
Independence Day
Veteran's Day
Day after Thanksgiving
Christmas Day
In addition, the employee may take his or her birthday with notice to their
supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday
without prior notice. If taken, the birthday will be charged as a vacation day.
Holidays are not cumulative or interchangeable.
Martin Luther King, Jr. Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Eve
28.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive
ten (10) hours of pay. In all events, where the employee is scheduled off for the
holiday, the employee is scheduled on during a holiday, the employee shall be
paid their regular rate of pay for working the holiday (time and one-half) and shall
be paid straight time for the holiday. Hourly rate employees must work their
regular work days immediately before and after the holiday in order to receive pay
for the holiday or be in an authorized with pay status immediately before and after
the holiday.
28.3 A full-time employee required to work and who actually works on an observed
holiday, or on the actual calendar day of the holiday but not both, shall receive
time and one-half (1 'i2) their regular rate of pay for all hours worked in addition
to that payment provided in 28.2.
28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
53
ARTICLE 29
29.0 COMPASSIONATE LEAVE
29.1 In the event of the death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law,
grandparent, grandchild, mother-in-law, or father-in-law of a regular employee,
the employee shall be entitled to paid compassionate leave not to exceed three (3)
consecutive workdays for anyone death. However, if it is necessary for the
employee to leave the State in connection with the interment of the deceased, five
(5) consecutive workdays shall be allowed. Employees must submit proof of death
in order to be eligible for this article. The City Manager may grant additional
leave under this section when helshe deems it appropriate.
54
ARTICLE 30
30.0 MILITARY LEAVE
30.1 Reserve Training: All employees in the City service who ate members of military
reserve units and who must attend annual training sessions are entitled, pursuant
to Florida Statute 115.07, to seventeen (17) calendar days with pay each year in
order that these employees may fulfill their military obligations. Fire department
shift personnel will be granted a maximum of nine (9) shift days.
30.2 Active Duty: All employees who are reservists and are ordered to active military
duty shall continue to receive full City pay for the first thirty (30) days of active
duty and thereafter shall receive supplemental pay from the City, in an amount
necessary to bring their total compensation, inclusive of their base military pay, to
the level earned at the time they were called to active military duty.
30.3 The City will continue to pay the eligible employee's portion of health, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction.
30.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
55
ARTICLE 31
31.0 LEAVE OF ABSENCE
31.1 A regular employee may be granted leave of absence without pay for a period not
to exceed six months for sickness, disability or other good and sufficient reasons
that are considered to be in the best interest of the City. Requests must be in
writing. A leave of absence without pay of up to thirty (30) calendar days can be
approved by the employee's Department Head and the Human Resources
Director. A leave of absence in excess of 30 calendar days must be approved by
the City Manager. Employees that are on approved leave of absence without pay
will be responsible for paying all their benefit premiums, e.g., insurance, etc.
31.2 Leave of absence without pay will not be granted in order to accept employment
with another employer. If granted, leave of absence without pay may subsequently
be withdrawn and the employee recalled to service. All employees on leave of
absence without pay are subject to applicable provisions of these rules. There will
be no accrual of sick leave, vacation leave or seniority during a leave of absence
without pay exceeding thirty (30) days.
31.3 The City Manager, at his or her discretion, may approve up to an additional 6
months leave of absence without pay.
56
-~:-~.j.~".
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three days shall be deemed to have abandoned his or her job
and shall be separated from employment with the City. Separation of this type
shall not.be considered a disciplinary separation.
32.2 However, a bargaining unit member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (30) days, but
who was physically unable to notify his/her employer or have another person
notify his/her employer shall not be deemed to have abandoned his or her job and
shall not be separated from employment with the City. Under these circumstances
the Director, Human Resources must be provided with details of the absence and
helshe must determine if just cause exists.
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ARTICLE 33
33.0 JURY DUTY
33.1 Leave with pay may be authorized in order that regular employees may serve
required jury duty or a subpoena issued by a court of law to appear as a witness on
cases relevant to the City, provided that such leave is reported in advance to the
Department Director. All pay granted under this section must be approved by the
Department Director. In order for the employee to receive their regular pay for
such leave the employee must deposit the money which he/she receives for jury
duty or as a witness with the City Finance Department for those days that coincide
with his/her regular work schedule, unless otherwise provided by law. Employees
can keep only travel expense monies. Employees subpoenaed as witnesses in
cases unrelated to City business may take vacation leave in order to receive pay.
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_="3i~;'!:'-.
ARTICLE 34
34.0 SENIORITY & LAYOFF & RECALL
34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's
length of continuous service with the City of Boynton Beach. The City and the
Union recognize the value of an experienced workforce and agree that an
employee's seniority shall be considered along with the needs of the City, when
affecting decisions on vacations, promotions and shifts.
34.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. Failure to report to the hwnan resources office intention of returning to
work within five (5) days of receipt of recall as verified by certified
mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining unit
whenever such action is made necessary because of shortage of work or
funds, the abolition of a position or changes in the work force.
However, no regular employee shall be laid off while there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classification serving in the departme:ht where the
lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary the City
Manager shall notify the Union at least two weeks in advance of the intended
action and the reasons therefore.
c. Layoffs will be made in reverse order of seniority within the department.
Senior laid-off employees of the department shall be able to displace (bump)
junior employees who are in any equivalent or lower classification for which
the bwnping employee is eligible for or for which he qualifies by meeting the
requirements as set forth in the job description.
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d. Laid-off employees also shall have the right to accept the lay-off. In this
connection, the laid-off employee shall have his name placed at the top of the
eligibility list for any position which becomes open, and for which the
employee is qualified. The employee may pass or accept placement into any
such open position for a period of one year.
e. Employees shall have recall rights for a period of one year from the date the
lay-off took affect. Upon recall, employees shall have all seniority and
benefits restored with the exception of any benefits that were cashed in during
lay-off period.
f. Employees may also choose to accept the lay-off at the time of the initial lay-
off and receive a severance package of nine weeks wages. In this connection,
the employee may not reapply to a position within the City for one year from
the date the lay-off took affect and shall not be placed on the recall list.
g. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
h. Employees shall be recalled in the inverse order of the layoff. The City shall
recall employees via a written document using the US Mail service. Recall
letters shall be sent certified, with a return receipt requested. Employee shall
have ten (10) business days to respond to the recall letter. A laid-off employee
who is temporarily unable to return to work due to medical reasons shall
receive an extension of recall rights not to exceed four (4) months.
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ARTICLE 35
35.0 RECRUITMENT AND SELECTION
35.1 In order for the City to be operationally competitive with other governmental
entities as well as the private sector, the recruitment and retention of qualified
employees is of paramount importance. To achieve maximum efficiency the City
must have the flexibility to fill vacancies through either promotion or outside
hiring. Vacant positions shall be filled in the best interests of the City through
recruitment, selection, and promotion of employees on the basis of their
qualifications and relative knowledge, abilities, and skills; provided that where
these factors are equivalent, preference will be given to current employees.
35.2 Basic Requirements
35.2.1 Human Resources is responsible for the nondiscriminatory implementation
of this policy
35.2.2 Each department is responsible for assisting the Hwuan Resources
Department with recruitment, interviews, tentative selections, and
recommendations for appointment. Departments have no authority to
modify or waive the provisions of the PPM.
35.2.3 Hwuan Resources has primary responsibility for hiring employees. All
employment discussions are to be considered non-obligatory, exploratory,
and tentative in nature and should be indicated as such to the applicant.
Any offers of employment made to an individual prior to obtaining all
necessary authorizations shall not be binding on the City.
35.2.4 The City shall make every effort to fill open bargaining unit positions
within sixty (60) days of the position becoming vacant, except that nothing
here shall prevent the City from changing, modifying or eliminating vacant
bargaining unit positions.
35.3 Procedures
35.3.1 Applications and Interviews
35.3.1.1 Once Hwuan Resources has officially announced a job vacancy
through the posting of an Employment Opportunity notice, the
official recruitment process has begun. The recruitment process
may be withdrawn for any position, provided that such is not
arbitrary or capricious, upon written notice to the union by the
Director ofHwuan Resources.
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35.3.1.2 Individuals desiring consideration for employment must submit an
Application for Employment, or a resume to Human Resources.
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted
further consideration shall complete an Application for
Employment. Veterans' preference will be given in compliance
with current legislation.
35.3.1.3 Applications must be signed by the applicant. Falsification of any
part of the Application for Employment or any related documents
may, upon discovery, lead to the denial of an application,
withdrawal of an offer of employment, or dismissal of the
employee.
35.3.1.4 All applications and reswnes received by departments must be
forwarded to Hwnan Resources.
35.3.1.5 Applications for employment may be accepted by the Human
Resources Department when there are current vacancies for a
specified position.
35.3.1.6 When a vacancy occurs, previously submitted applications and
reswnes on file in Hwnan Resources may be considered in addition
to all new applications and reswnes received until the established
closing date or until the vacancy is filled.
35.3.1.7 Certain classifications may require applicable testing prior to being
given consideration. Hwnan Resources will administer tests
required and ensure that passing scores are attained prior to
forwarding an application to a department for consideration.
35.3.1.8 Hwnan Resources shall advise the appropriate Department Head of
the eligible applications.
35.3.1.9 Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and reswnes based on, but not
limited to relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in
accordance with current class specifications; and,
b. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing
of applicants at the request of the department; and
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c. Determine which candidates are most suitable for further
consideration and proceed with additional interviews, if necessary;
and,
d. Determine whether the applicant pool not was sufficient prior to
recommendation for employment.
35.3.2 Selection, Reference Checks and the Recommendation Process
35.3.2.1 Once the interview process has determinedc suitable applicants,
the department shall be responsible for checking references. No
inquiry regarding criminal records, credit history or medical
conditions shall be made at this step of the evaluation.
35.3.2.2 Hwnan Resources may also conduct verifications regarding
academic degrees, previous employers, and character references.
All information provided on the Application for Employment will
be subject to verification as needed.
35.3.2.3 Once the results of reference checks and other verifications
appear satisfactory, the department will be notified in order that
processing may continue.
35.3.2.4 The department may then recommend an applicant for employment
and submit the proper forms to Human Resources for processing.
The Human Resources Director shall be responsible for reviewing
recommendations to assure fairness in the process. If the
Department Director proposes a salary that exceeds the minimwn
of the position's pay range, written justification must be included
for consideration of the salary. The Union shall also be notified of
the proposed deviation in pay.
35.3.2.5 Upon receipt of a recommendation for employment and in
conjunction with a tentative offer of employm~nt, a pre-
employment physical, which may include a drug test, for the
applicant is then scheduled. Medical examinations must be
satisfactorily passed to determine fitness to perform the duties of
the position. At this step of the hiring process, Hwnan Resource,
with the assistance of the Florida Department of Law Enforcement
(FDLE) shall check the prospective employee for a criminal record
and may obtain, following the requirements of the Fair Credit
Reporting Act, the prospective employee's credit.
35.3.2.6 After acceptance of an applicant's physical examination and drug
test results, criminal background check and credit check, if
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required, the Human Resources Director may authorize proceeding
with the hiring process.
35.3.3 Employment Acceptance
35.3.3.1 Employment acceptance must be made by the applicant within
three (3) workdays of the department's employment offer, unless
otherwise extended by Human Resources. If employment
acceptance is declined, the department may consider another
applicant from the recruitment's applicant pool, or the department
may choose to begin a new recruitment. Employment Procedures
shall be followed in either case.
35.3.3.2 The department must notify Human Resources of the tentative hire
date. New employees must provide proof of work eligibility and
verification of identity to the City. Human Resources will forward
the necessary employee paperwork to the Finance Department for
payroll purposes.
35.3.4 Orientation
Human Resources shall schedule and conduct a general orientation program for
all new employees to explain the City's history and organization, to complete
benefit program enrollments, and to stress the use of safe work practices.
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ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 Employees who are in positions designated by the Safety Committee will receive
a shoe wage allowance of $190.00 each year for safety shoe/boots payable once
for each year of this Agreement.
The City/Safety Committee will be responsible for deciding which positions
require the wearing of safety shoes based on OSHA standards and
recommendations. Management shall determine the type and quality of such
shoes.
36.3 Employees who fail to wear proper safety equipment when required are subject to
disciplinary action.
The City shall provide specialty shoes/boots as necessary, at no cost to the
employee, such as di-electric boots or after docwnentation from a physician
indicating a medical condition exists.
36.4 The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members of the bargaining unit as requested on a voluntary
basis.
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ARTICLE 37
37.0 INSURANCE
37.1 The City shall pay the total medical insurance, dental insurance, and vision care
premiums for all regular employees. The employees will pay the full cost of
medical insurance, dental insurance, and vision care premiwns for their
dependents. Existing or comparable coverage shall remain in effect for the
duration of this Agreement; however in the event the City can provide for
alternative equivalent benefits options for employees then the health insurance
coverage for the employee and their dependents may be amended from time to
time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than fifteen (15) % during any fiscal
year, the City agrees to open this Article for the purpose of impact bargaining.
The selection of insurance coverage shall be made on an annual basis by the City.
To that end, the City will form an insurance committee to be comprised of an
equal nwnber of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining
unit representatives shall be designated by the Union. The final decision regarding
selection of coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
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ARTICLE 38
38.0 PERSONNEL FILES
38.1 A personnel file for all City employees is maintained by the City's .Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying him/her of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect hislher own
personnel records and shall have the right to make one duplicate copy of hislher
records at no expense. Additional copies may be obtained at the employee's
expense. The City will purge personnel files in accordance with appropriate
Florida State Statutes. The employee file maintained by the Human Resources
Department shall be the official file for each employee.
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ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 PURPOSE\
Defines the Tuition Assistance Program, which reimburses eligible employees for
successful completion of approved courses up to a $1,500.00 cap for Associate
degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate
degrees per fiscal year for tuition and books. The City makes no commitment to
employees that advancing their education will result in either a promotion or pay
increase.
39.2 SCOPE
39.2.1 The provisions of this procedure shall apply to all full time employees who
choose to attend an accredited college or university to pursue an approved
degree course.
39.2.2 LIST OF RESPONSIBILITIES:
a. All full time Employees
b. Division Heads
c. Department Managers
d. Tuition Assistance Coordinator
e. Director, Organizational and Strategic Development (OSD)
f. Human Resources
39.2.3 DEFINITIONS
39.2.3.1 Full time employee - an employee who has completed one year of
service with the City after hiring or promotion to full time status.
39.2.3.2 Tuition Assistance Coordinator-Assigned designee who
coordinates the Tuition Assistance Program.
39.2.3.4 Director, Organizational and Strategic Development - Assigned
person who supervises the Tuition Assistance Program.
39.2.3.4 CAP - Upper limit on dollar amount that the City shall reimburse.
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-":--'3:~'.
39.3 REQUIREMENTS
39.3.1 Eligibility
39.3.1.1 Applicants shall be full-time employees and meet the following
performance and length of service requirements prior to beginning
classes.
39.3.1.2 Full time employees who have completed their one-year probation.
Part-time and Temporary Employees shall not be eligible to receive
tuition assistance.
39.3 .1.3 Employees must maintain a minimwu or comparable rating of
"meets standards" on performance reviews in order to remain
eligible for tuition assistance.
39.3.2 Application
39.3.2.1 Employees may apply for reimbursement limited to $1,500.00 per
AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate
degrees cap per Fiscal Year by completing the Application for
Tuition Assistance form (pDF. 021) available in the Organizational
& Strategic Development department, Hwuan Resources
departments, and on the "S" drive.
39.3.2.2 Application is restricted to tuition and texts only for approved
courses required in the program.
39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance
should be submitted by the applying employee to their manager for
approval, then sent through their area signature cycle, including
their Division Director and then to the Tuition' Assistance
Coordinator who will submit it to the Director Organizational &
Strategic Development for fmal approval.
39.3.2.4 The Director Organizational and Strategic Development must
approve applications prior to attending the first class to verify the
class is eligible for reimbursement. Employees who begin classes
prior to approval by those listed on the Approval Cycle will not be
reimbursed. Incomplete applications will be returned to the
employee and will delay approval.
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39.3.2.5 Original receipts for tuition and books should be sent to the Tuition
Assistance Coordinator as soon as they are available.
Reimbursement will not be made without original receipts.
39.3.2.6 Final approval of all Tuition Assistance applications rests with the
Director of Organizational & Strategic Development. Job-
relatedness as determined by the City shall factor significantly into
the City's decision to approve a given course or program.
39.3.2.7 Once approved, a copy of the application shall be returned to the
employee. This copy should be saved and re-submitted with the
original course grade at the end of the course to the Tuition
Assistance Coordinator. Courses or books that are rejected from
reimbursement shall be noted on the copy.
39.3.3 Selection of courses and schools
39.3.3.1 Tuition Assistance is granted at the City's sole discretion for
individual courses based on course content and job-related factors.
Generally, courses must aid employees to improve performance in
their present job or prepare for advancement within the City. All
courses in a degree program shall not be automatically covered.
Electives must be chosen to provide the greatest benefit for the
employee's current position or a future position within the
organization.
39.3.3.2 Colleges and universities must be accredited by the appropriate
regional accrediting association, and must be included in Florida's
Independent Licensed and Accredited Colleges and Universities
and/or the Directory of Accredited Institutions.
39.3.3.3 Colleges and Universities granting degrees by dista:hce learning
media must be accredited by the appropriate regional accrediting
association, and must be included the Directory of Accredited
Institutions. The availability of courses at a community college or
four-year university in the local area, as well as the ability of the
employee to attend these classes, shall be a determining factor in
approving a correspondence course.
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39.4 Ineligible Courses
39.4.1 Certain courses shall be considered ineligible for reimbursement under all
circumstances, even if they are a degree requirement. Examples of these
types of courses are: physical education and sex education classes.
39.4.2 Seminars, of any kind, shall not be reimbursed under the. Tuition
Assistance Program.
39.4.3 The Tuition Assistance Program shall not cover classes that earn
Continuing Education Units (CEUs).
39.4.4 Review courses designed to "coach" the participant to improve their
chances in passing a test, such as a CP A examination or college entrance
test (SA 1), shall not be covered.
39.4.5 Courses that are graded on a pass/fail option shall not be eligible.
39.4.6 Courses that officially began prior to the employee becoming eligible for
tuition assistance shall not be eligible.
39.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
39.5 Materials and Fees
39.5.1 Eligible for reimbursement.
39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a
grade of "B" or better is earned. Fifty percent (50%) of tuition
shall be reimbursed if a grade is "C." There shall be no
reimbursement for courses where the earned grade is below "C."
39.5.1.2 Cost of all required books for which an original receipt is
submitted shall be reimbursed. . Employees may be required to
provide documentation that their professor or instructor requires
certain books.
39.5.2 Ineligible for Reimbursement.
39.5.2.1 The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g.,
SAT, GRE, GMA 1), graduation, health, laboratory, late
registration, library, parking, registration, transcript, etc.
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39.5.2.2 The following equipment, supplies or miscellaneous costs shall be
ineligible for reimbursement: pens, pencils, folders, notebooks,
study guides, private tutoring, calculators, tape recorders,
photographic equipment or supplies, computer equipment or
supplies, software, etc.
39.6 Tuition and Books
39.6.1 Eligible for Reimbursement
39.6.1.1 The maximum per hour reimbursement will be based on the
current tuition rates at Public institutions in the area, and is limited
to tuition and texts only for approved courses.
39.6.1.2 The approved copy of the Application for Tuition Assistance form
shall be documentation that the employee is eligible for Tuition
Assistance in accordance with City policy. This approval does not
imply the City will accept responsibility to pay the employees
tuition to the school or any other party.
39.6.1.3 Tuition and books which are paid by student loans are covered
under this policy. Employees must produce proof of student loan if
they are not the payee on the registration documentation.
39.6.1.4 Employees will be reimbursed the difference between the amount
covered by non-refundable financial assistance and the total cost of
tuition and books up to the maximum of the amount allowed under
this policy when the cost of tuition and books exceed the limit of
the scholarship or financial aid. Employees must provide proof of
financial aid and or the value of the scholarship.
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39.6.2 Ineligible for Reimbursement
39.6.2.1 Courses which are covered under any non-refundable financial aid,
including scholarships, and government assistance, are not covered
under this policy. Employees may not submit claims for
reimbursement for tuition or books, which ate covered by non-
refundable financial assistance.
39.7 Terminated employees
39.7.1 If an employee receives approval for a particular semester and begins
attending classes, but is involuntarily terminated by the City prior to the
completion of the courses, the City may at its sole discretion reimburse the
covered expenses. The course must have already started prior to the
involuntary termination for reimbursement to be paid.
39.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% of the tuition
assistance received during the 24 month period prior to their termination
date.
39.8 Submission of Grades
39.8.1 A copy of the approved Application for Tuition Assistance form or a
facsimile shall be re-submitted to the Tuition Assistance Coordinator
along with the original grade report and any remaining original receipts.
39.8.2 Approved applications will be held for four (4) weeks after the anticipated
course completion date. Grades or receipts not presented by this time shall
not be reimbursed.
39.8.3 Employees will usually be reimbursed for approved courses within four
weeks from submission of the final grade report. All reimbursements shall
be paid by City check.
39.8.4 If a degree is earned, a copy must be submitted to the Tuition Assistance
Coordinator so that it may be included in the employee's file.
39.9 Disbursement
39.9.1 Tuition assistance will be granted up to and including available funds in
the budget for the fiscal year. At no time will reimbursements exceed the
available funds in the current fiscal year budget.
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39.9.2 Reimbursements will not be retroactive and will cover only those classes
taken in the fiscal year in which they applied.
39.10 Responsibility and Authority
39.l0.lManagement, at all levels, shall be responsible for enforcing this policy
within their area.
39.l0.2The interpretation and administration of this policy shall be the
responsibility of the Director of Organizational and Strategic
Development.
39.1O.3The Director of Organizational and Strategic Development or assigned
designee, shall be responsible for the audit, approval, and processing of
tuition assistance applications and reimbursements.
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ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 Except in the case of negligence or misuse all employees .requested to furnish
tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City-provided
tools, materials and items of value to perform their job, and who lose those tools,
materials and items of value, shall be responsible for replacing those lost tools,
materials and items of value. Tools stolen from their assigned City-owned vehicle
or City property shall be replaced by the City, if there was no negligence in their
loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared
by supervisors.
40.3 Uniforms will be provided annually as follows, unless otherwise indicated below:
Application Technicians
911 Communications
Code Enforcement
6 Shirts, 2 Pants
6 Shirts
6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket, (Bi-
Annually), 2 Baseball caps
6 Shirts, 2 Pants, 1 Jacket (Bi-
Annually) 2 Baseball caps
6 Shirts, 5 Pants
6 Shirts, 5 Pants
6 Shirts, 5 Pants, I Jacket (Bi-
Annually), 2 Baseball caps)
Field Inspectors
Plan Review Analyst
Police Records Technicians
Service Writers
Water Quality Lab Technicians
Fire Inspectors, Community Service Officers, Police Crime Scene Technicians
and other employees covered by this agreement but not listed will be issued
uniforms accordance with the Department policy. The cost of the uniforms shall
be borne by the City. Employees are required to return uniforms to the City when
they terminate employment.
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40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide six
(6) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 Automobile Allowance - Employees who are employed in the Building and
Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
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ARTICLE 41
41.0 DUES DEDUCTION
41.1 For all union business, employees covered by this agreement should fIrst contact
their union steward.
Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or
COPE deductions. Employees shall receive copies of the form from either the
City Finance Department or their Union office.
41.2 The Union will initially notify the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership or
COPE dues will be similarly certified to the City and shall be done at least one (1)
month in advance of the effective date of such change. To revoke the payment of
Union dues or COPE deductions, the employee shall go to the Union office and
Union staff shall prepare and mail notice of such change to the City's Finance
Department.
41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall
be remitted along with a list of employees contributing to the Treasurer of
LOCAL 1227 within fifteen (15) days after the end of the month. The Union will
indemnify, defend and hold the City harmless against any claims made or suits
instituted against the City on account of payroll deduction of Union dues.
COPE deductions will be remitted to the union in a separate check on a quarterly basis
beginning April 2004.
41.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
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NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUA TION OF UNION DUES
_I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the
Treasurer of the Union.
_I hereby authorize my employer to deduct from my salary each pay period my COPE
deduction of $1.00 per week, as certified to the employer by the union, and to
transmit this amount to the Treasurer of the union.
I understand that this authorization is voluntary and I may revoke it at any time by
give my City and the Union thirty (30) days advance notice in writing.
Date
Signature
Job Title
Social Security No.
Name Printed
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42.0 PENSION
ARTICLE 42
Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety,. upon
request from the Union.
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ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in City Code 2-19 and will work with the City to
enforce the provisions of the policy. The City's Drug Free Workplace Policy
applies to all members of this bargaining unit. Drug testing procedures and
positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug
Free Workplace Act, and FAC 4L-9.Ol5. Positive test levels for employees who
are engaged in operation of vehicles or equipment and covered by other state or
federal regulations shall be as established by those regulations.
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ARTICLE 44
44.0 PROBATIONARY PERIOD
44.1 In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, all newly hired or promoted employees
shall be required to complete a probationary period.
44.2 New Hire (Full-time):
Each new full-time employee must successfully complete a probationary period of
twelve months from the date of hire.
Promotion from Part-Time to Full-Time:
Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
44.3 Promotion to a Higher Graded Position:
Each promoted employee must successfully complete a probationary period of six
months from the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimwu of six months and have a Meets
Standards or higher performance rating.
44.4 Transfer to a different position, whether in the same or a lower grade:
Each transferred employee must successfully complete a probationaty period of
six months from the date of transfer. Probationary employees, whether in their
first year as an employee or in their six-month promotional probationary period'
have no property entitlement to their position.
81
ARTICLE 45
45.0 LONGEVITY BENEFIT
45.1 Employees eligible are those employees who:
a.Have been employed with the City on a regular full-time basis and continuous
basis for a minimum offive (5) years
b.Have an overall "Meets Standards: or above rating on the previous employee
evaluation
45.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of$500.
On the employees tenth (lOth) anniversary a lump sum bonus payment of$1000.
On the employees fifteenth (1 5th) anniversary a lump sum bonus payment of$1,500.
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of$3,000.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of $3,500.
On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.
45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
45.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
82
ARTICLE 46
46.0 BONUS INCREASES
46.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus justified, in writing; on the
prescribed forms by the Department Head. This bonus, will, not affect the
employees pay grade and step. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to bonus is a system where top
performance can be recognized by the immediate supervisor and prompt rewards
can be made at the discretion of the supervisor provided the department head
concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
83
ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within ninety (90)
days of the ratification of this agreement to study and make recommendations on
ways to minimize overtime costs, standby costs, and improve working conditions
for employees, or to take up other subjects as determined by the committee.
During the first meeting, the committee shall determine a meeting schedule to be
implemented.
84
ARTICLE 48
48.0 SA VINGS CLAUSE
48.1 If any article or section of this Agreement should be found invalid, unlawful or
not enforceable, due to any existing or subsequently enacted legislation or by
judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
85
ARTICLE 49
49.0 MAINTENANCE OF CONDITIONS
49.1 Except as provided herein, the status quo as it pertains to conditions shall remain
in effect for the duration of this Agreement. Changes to rules and regulations
which reflect standing policy, past practices, management rights, minor changes,
and changes which do not impact on members of this unit may be made by the
City upon notification to the Union. There is no non-salary (age or allowance)
monetary benefit, except as set forth or incorporated by reference in this
Agreement.
49.2 If past practice or status quo is raised at any time during the term of this contract,
then the Union and City agree to document the resolution of the status quo or past
practice by Letter of Agreement, and such letter of agreement shall not survive
this agreement unless incorporated into future agreements.
86
ARTICLE 50
50.0 POSTING OF AGREEMENT
50.1 The City will maintain a copy ofthis Agreement for inspection in the Human.
Resources Department.
50.2 The City will post a copy of this agreement, as ratified, on the City's web page.
50.3 The City will provide the NCF&O with a copy of this agreement on compact disk.
50.4 The City will provide each new employee with a copy of this Collective
Bargaining Agreement at the time of their initial orientation.
87
ARTICLE 51
51.0 COLLATERAL DOCUMENTS
51.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents), are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of a specified article in this agreement, in
which case the terms of this Agreement shall control..
51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
88
ARTICLE 52
52.0 DURATION
This Agreement shall become effective on ratification by both parties as prescribed by
Chapter 447, Florida Statutes and remain in full force and effect until September 30,
2009. No wage or benefit provided herein is retroactive in nature prior to the effective
date of this Agreement. Wage and benefit levels existing on September 30, 2009 shall be
frozen as of that date and shall constitute the status quo during any period of negotiations
for a successor agreement.
Agreed to this day of , 2006 by and between the respective parties
through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-
CIO,CLC
PRESIDENT
Sharon Munley
Witness
Witness
-.. -.. - "-" -"- .'- ..-. .-.. -' .-.. - ..-.. -..- ..- ..-.. -"-"- .._. '-"-"-" -..-..-.. - ,.-. .-..-..
CITY OF BOYNTON BEACH
MAYOR
Jerry Taylor
Witness
_.. _.. _.._., _.. - .._ .._.. _.. _0' _ .._.. _.._., _., _ .._.. - .._ .._.. _. ._. ._0.- ,._0. _ .._0' -.. -"-"-"
ATTEST
CITY CLERK
Janet Prainito
Witness
_0._"_" _.. _0' _,. _ .._.. - .._., _.. - .._.. _.. _.._.. _.. - .._.. _" _.._.. _.._.. -.. -.. - ..-..-.. _0' -..
APPROVED AS TO FORM AND CORRECTNESS
CITY ATTORNEY
James Cherof
CITY MANAGER
Kurt Bressner
Date ratified by Commission:
Date ratified by Union:
89
Appendix "A" CITY OF BOYNTON BEACH
NCF&O/SEIU UNION TIME-OUT FORM
(Request to be absent from duty by an authorized Union Representative)
I,
Rl,PRESENTA TIVF'S NAM E
--, request to be absent from duty for a union
meetin~ at
-_,on
LOCATION
the following Reason:
Grievance
Consultation with Management
Pre-Determination Conference
Employee Requested Representation
Collective Bargaining
Arbitration
NCF&O Business
(CHECK ONE)
OAIT
, at
---for
TIME
This form must be completed and
received by Finance within seven (7)
calendar days of the meeting date as
stated on this form.
Union Representative's Signature
Release Authorization _ _ Approved Denied (Completed by Supervisor/ Manager)
-
I I
Printed Name Title Time Out
Signature Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
[ ,
Printed Name Title Meeting Start Time
t 1
Signature Date Meeting End Time
Return to Work (Completed by Super;visor/ Manager)
I ,
Printed Name Title Time Returned
Signature Date
TOTAL ELAPSED TIME I ,
(Total elapsed time is the difference from the TIME OUT and the TIME RETURNED)
Reason for denial:
WhilelHuman Resources Blue!Dcpartmenl Yellow/Employee PinklMeeting Manager Green/Releasing Manager
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VI.-CONSENT AGENDA
ITEM C.ll. a..b.c.d.e..Q ~
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
[8J August I, 2006 July] 7,2006 (Noon.) 0 October 3. 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19. 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Ratify the action of the South Central Regional Wastewater Treatment &
Disposal Board.
EXPLANATION:
On July 20, 2006, the South Central Regional Wastewater Treatment &
Disposal Board held its Regular Quarterly Annual meeting. At that time,
the Board took action on items that are now before the City Commission
for ratification. This City Commission ratification is the confirmation
process for the action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT:
None
FISCAL IMPACT:
None
ALTERNATIVES:
Not ratify their action
City Clerk's Office
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\CC\WP\CCAGENDA\Agenda Request Memos\2006\Agenda Item Request - SCRWTD BD ACTION OF 07-20-06,dot
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 20,2006, by a vote of 9-0, Authorization to modify our agreement with the
Solid Waste Authority for the construction of the biosolids processing and
recycling facility by increasing our portion by $345,152 for a new total of
$6,696,835.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of ' by a vote.
CITY OF BOYNTON BEACH
By:
Mayor./City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Boynton 071006,doc
AGENDA #0.3
AlVIEN1)MENT
TO
INTERLOCALGOVE&~NTAGREEMENT
FOR
BIOSOLIDS PROCESSING AND RECYCLING
THIS AMENDMENT, hereinafter called the "Amendment", is made and entered into
A .
this .Jcday of .Jt<-)V1 ,2006 by and between the SOUTH CENTRAL REGIONAL
W ASTEWA TER TREA Tl\1ENT AND DISPOSAL BOARD, an independent special
district of the State of Florida, hereinafter called the "Utility" or "SCRWWTDB", and
the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependant
special district created pursuant to Chapter 75-473, Laws of Florida, as amended,
hereinafter called the "Authority".
WITNESSETH
WHEREAS, the Utility and the Authority have previously entered in~.~~ I,nJerlocal
Government Agreement for Biosolids Processing and Recycling dated ~, 2005,
(the "Agreement") for the development, construction, operation, and maintenance of a
Biosolids Processing Facility (BPF) to produce Biosolids Beneficial Reuse Products for
use in the commercial fertilizer industry; and
WHEREAS, the Utility and the Authority have agreed, together with other utilities, to
mutually contribute to the Capital Costs of said BPF; and
WHEREAS, the parties need to adjust the original Capital Costs as set out in the
Agreement and have therefore agreed to this Amendment.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Utility and the Authority agree as follows:
1. The recitals set out above are true and are hereby incorporated herein.
2. Exhibit I (A & B) of the Agreement is hereby deleted in its entirety and
replaced by Amended Exhibit I (A & B) attached to this Amendment.
3. All other provisions of the Agreement remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTy, at a regular meeting thereof, by action of the Authority Board authorizing and
directing the foregoing to be adopted, has caused these presents to be signed by its
Executive Director, and its seal to be hereto affixed, and the SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has autllOrized
and caused the_execution of this Agreement, all as of the day, month, and year first above
wIi !ten.
1
SOL.I]) ~v ASTE A \-.:'THORITY OF
PAL\1 BEACH COf.J'NTY:
VVITNESSES:
P'
J. nnt name:
R'T'
_u...\.
John D, Booth, Executive Director
P'
~ nm name:
Approved as to Form and Legal Sufficiency:
Bv:
Counsel to the Authority
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREATMENT AND DISPOSAL BOARD:
Bf~ 'Z QL
. Chair \.
By: ~'T1-~!J/J n
Board ~t\ttornev --...,
.I
Approved as to Terms and Conditions:
/7
/ .....!""l .' I
....0: "".o?'
/1 ' '/'
/,,~ ' .: I
D/.A. /' .':'~' ..r:':"/t!('" ,I
B - . J,,' ;' ;" -"' .:.......,.,...- ,~~/J
y. . I," ~.
Departme Director
Approved as to Form and
Legal Sufficiency:
Approved by Authority Board on
, 2006, Item _
Approved by the Utility on ';;1i</y ,:It), 2006, Item;;L_~
~
AlV1E~1)ED EXHIBIT - I
(South Central W\VTP)
A) SlJMARY OF CAPITAL COSTS
B) LIST OF ORIGINAL PARTICIPANTS A..~1) SILt\.RES
A) Summary of Capital Costs
Project Development
Right-of-Way Abandonment
Preliminary Design & Pennitting
RFQ/RFP
Grant Funding
Infrastructure Design & Construction
25,305
872,586
521,519
275,000
2,778,000
Sub Total
4,472,410
Project Capital Cost
Facility Construction
Technical Services During Construction
26,298,547
1,800,000
Sub Total
28,098,547
Total Development & Capital
32,570,957
Total Grant Funding
(3,225,000)
Subtotal
29,345,957
Contingency @ 5% *
1,444,087
Total Net Capital Cost
30,790,044
SCRWWTP share= 21.75%
6,696,835
Less Prepaid
(156,000)
Net Total Due for SCRWWTP
6,540,835
* Estimated to cover unexpected conditions or change orders; any excess to be returned to, or
shortfall billed to, Utility.
3
'~'IT"'Tn.ED'" "'-"vH-'-IBT"-'-' T
_~lV .:C...L'U.J", ~..:;.,... .11-.1.
B) List of Original Participants and Shares
NIin. Comt.=Mjnimum commitment based on delivery six days per week
1) Palm Beach County
Water Utilities Department
P.O. Box 16097
West Palm Beach, FL 33416-6097
Deputy Director: Ms. Leisha Pica
27.5% share Cap. Cost $8,467,262.
Min. Comt. 58 WID 18,000 WTY
2) South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
Executive Director:
21.75% share
Min. Comt.
Mr. Robert J. Hagel, P.E.
Cap. Cost $6,696,835.
61 v~rTD 19,000 WTY
3) City Of Boca Raton
Utility Services Department
1401 Glades Road
Boca Raton, FL 33431
Director: Mr. Christopher Helfrich, P.E.
19.5% share Cap. Cost $6,004,058.
Min. Comt 58 WID 18,250 WTY
4) Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter, FL 33458-8964
Executive Director:
10.50% share
Min.Comt.
Mr. Richard C. Dent
Cap. Cost $3,232,955.
30 WTD 9490 WTY
5) Solid Waste Authority/Seacoast
7501 North Jog Road
West Palm Beach, FL 33412
Facility Director: Mr. Patrick Carroll
20.75% share Cap. Cost $6,388,934.
Min. Coml. 56 WTD 17,520 '\VTY
4
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, Authorization to modify our
agreement with Florida Water Environmental Associates to allow NOAA to
perform studies as summarized in FWEAUC-AOML Agreement #06-001
through 06-007 for an additional amount of $358,032.50.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgS\Ratifs\Boynton 071006.doc
AGENDA #F.2.c.3
Page 1 of 2
Bob Hagel
From:
To:
Sent:
Subject:
"Wilson-Davis, Lisa" < L Wilson Davis@ci,boca-raton,fl.us>
"Bob Hagel" <rhagel@scrwwtp.org>
Wednesday, June 21,20065:33 AM
RE: South Central Breakdown of costs - you may want to sit down
Bob,
Thanks for faxing me the information on the upcoming studies for
South Central this morning. Below is a summary of the estimated
financial impact to South Central. Please check this over to make sure I
have it right.
Thanks!
#06-001 _ FWEAUC - AOML: Delray Beach Outfall/Boynton Inlet Study -
$189.000.00 - ~f\"o~~J "'0 ~,,<-.c J
#06-002 _ FWEAUC - AOML: The Design and Planning of a Coastal Studies
Program - $~JJQ,,2Q9.Q!)
#06-003 _ FWEAUC - University of Miami: Nitrogen Isotope Studies of
Pollution on the Coastal Waters of Florida - $130.000.00
#06-004 -IWEAUC - Georgia Tech: Field Characterization of Stress Gene
Expression Patterns in Hermatypic Coral Exposed to Effiuents for
the Delray Beach Outfall- $50.000.00
#06-005 _ FWEAUC - AOML: Extending NOAAlAOML's Plume Investigation
Capabilities -$l!i~QOO.OQ
#06-006 _ FWEAUC - AOML: Extending NOAAlAOML's Delray Beach
Outfall/Boynton Inlet Study - $146.000.00 - \Ie'" \\~,?r"....i
#06-007 _ FWEAUC - AOML: Boynton-Delray Coastal Water Quality
Monitoring Plan - i11~"50.QQ - N u d "'~fr" ~ \
Studies #06-001, #06-006, and #06-007 will be funded in full by South Central:
$514,750.00 + $10,295.00 (2% administration fee to FWEAUC) = ~424.045.00
Studies #06-002 through #06-005 will be funded as a shared cost of FACE ~~~?::_"i
members with South Central responsible for 1/8 the total ($545,000.00): "c~,'
$68,125.00 + $1,362.50 (2% administration fee to FWEAUC) = S69.487.50-i:,'Oco;",,,,""Y.
!
Lisa:M. Yvifson-'Da'Vis
'UtiLity Services 'Progra1n 'PoLicy Coordinator
6/21/2006
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, Authorization to expend up to
$50,000 on miscellaneous items (soil and concrete testing; permits; legal
issues; equipment protection) for construction of Reclaim Expansion.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYlON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Boynton 071006.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20, 2006, by a vote of 9-0, accepted of our 2006/2007
Wastewater and Reclaim O&M budgets and Wastewater Repair and
Replacement Expenditures.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Boynton 071006.doc
Exhibit 1.1
South Central Regional Wastewater. Treatment & Disposal Board
Executive Summary
FN 2006/2007
WASTEWATER BUDGET
The projected budget for 2006/2007 is $5,072,000 which is $550,000 over last year's budget and $553,000 over
this year's projected expenditures. Due to this increase, we are requesting a rate increase for O&M and
Reserves of 6.1 % from 2005/2006 rate,
Rate in 2005/2006 for O&M & Reserve was $0.9263/1,000 gal; increased in 2006/2007 to $0.9832/1,000 gal.
This increase is due primarily to the following four (4) line items:
Regular Wages
Sludge & Grit
Hauling
Electricity
Insurance
2005/2006
981,000
539,000
790,000
220,000
$2,530,000
2006/2007
1,055,000
569,000
Added additional Mechanic
Additional loads and CPI
increase for Sludge on 09/01/06
FPL Rate Increase
Property & Liability
1,150,000
314,000
$3,088,000
Testing for DEP's operating permit requirement funded under Cities' Capital Projects,
NOTICE: Our Insurance Broker is unable to obtain an estimate for Property and Liability Insurance, which
includes wind, fire, explosion, lightening, etc, until October 2006. Although we have increased rate for this item from
$118,000 to $200,000, we have been advised this coverage could cost $2,000,000 to cover wind damage increasing
our O&M to $1,30/1,000 gal, which would be a 30% increase. When the Board receives the Property and Liability
Insurance estimate a determination can be made whether to cover the wind damage on property.
RECLAIM USER RATE
The projected budget for O&M for 2006/2007 is $461,000, which is $33,000 over our last year budget. Increases
due to electricity and insurance rates. Our User Rate for reuse will increase from $0.25/1,000 gal to $0.26/1,000
gal.
WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT
It is estimated as of 06/30/2006 we will have $2,900,000 in the wastewater Reserve for Repair & Replacement.
We anticipate minimum expenditures of $ 520,000:t of this years budget for various projects, The present rate
for Repair & Replacement of $0,18/1 ,000 gal will generate $1,135,000 at minimum flow.
POTENTIAL CAPITAL PROJECTS
It is anticipated that during the next Fiscal Year the Board will require $4,800,000 from each city for construction
of Solid Waste Authority Pelletization Project and construction of Reclaim Expansion,
F:\docs\Sudget\fy2006-2C07\Exec Summary 0607,doc
7/12/2006 2:18:47 PM
South Central Regional Wastewater Treatment & Disposal Board
SALIENT BUDGET CHANGES
2006 - 2007
WASTEWATER OPERATION & MAINTENANCE
(Cost Distributed to Cities by Flows)
Budget
2005/2006
Projected
2005/2006
Budget
2006/2007
OTAL 0 & M BUDGET
4,522.000
4,519,000
5,072.000 (12.1% loc)
ERSONNEL SERVICES - TOTAL
1 A54,000
1,377,000
1,567,000 (7.7% loc)
1212 Regular Wages
4% Normal annual increase
Added additional Mechanic
ERVICES - TOTAL
763,000
758,000
779,000 (2.0% loc)
3410 Sludge Hauling
455,475 460,000 475,000 (4.0% Inc)
Rate increased from $17.25 per cu yd to $18.25 per cu yd
3411 Grit Hauling
84,000 94,000
Cities increasing vactor truck disposal.
94,000 (12.0% Inc)
.PERA TIONS & MAINTENANCE
1,325,000
1,508,000
1,791,000 (35.0% loc)
4500 Property & Liability Ins
790,000 1,000,000 1,150,000 (46.0% Inc)
FPL rate increases
220,000 212,000 314,000 (42.0% Inc)
Property & Liability coverage (Windstorm coverage)
4300 Electricity
:HEMICALS & SUPPLIES - TOTAL
835,000
789,000
859,000 (3.0% loc)
No major line item increase
.PERA TING CONTINGENCY
50,000 0
Not utilized for two years
o
(0% loc)
:NGINEERING
95,000
87,000
95,000
(0% tnc)
Page 1 of 3
12/2006 1:27:01 PM
\docs \Budget\fy2006-2007\SaiientB udget06 [17 ,doc
South Central Regional Wastewater Treatment & Disposal Board
RECLAIM OPERATION & MAINTENANCE
(Cost distributed to user by flow)
Budget
2005/2006
Projected Budget
2005/2006 2006/2007
Total Reclaim O&M Budaet
428,000
398,000
461,000
Page 3 of 3
12/2006 1 :27:01 PM
Idocs \Budg et\fy2006-2007\SalientBudgeto607 ,doc
(8% loc)
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F:\docs\Budget\fy20D6-2007\acct detail fyD607 my
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2002-2007
2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
--.....----.,...----.- - - -- ----,,-._-- ,""- --. -...------.-,. . - --~_._--_......- -- .- ---.----.------,- ----- --_.~~-_._- ---.-.------------ -----
SUMMARY TOTALS
PERSONNEL SERVICES $1,296,000 $1,256,682 $1,270,599 $1.454,000 $1,377,000 $1,567,000
OPERATING EXPENSES: 2,371,000 2.269,697 2,651,827 2,923,000 3,055.000 3,410,000
SERVICES 643,000 479,076 711,681 763,000 758,000 779,000
OPERATIONS/MAINTENANCE 1,187,000 1,168,611 1,165,139 1,325,000 1,508,000 1,772,000
CHEMICALS/SUPPLIES 541,000 622,010 775,007 835,000 789,000 859,000
------ -------- -----~ ---
TOTAL PERSONNEL AND
OPERATING EXPENSES $3,667,000 3,526,379 3,922,426 4,377,000 4,432,000 4,977,000
OPERATING CONTINGENCY 50,000 0 0 50,000 0 0
ENGINEERING 43,481 106,860 180,151 95,000 87,000 95,000
---- ----- -----
TOTAL BUDGET $3,760,481 $3,633,239 $4,102,577 $4,522,000 $4,519,000 $5,072,000
$ 0,8032
$ 17.3000
PERSONNEL
~CCOUNT 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
~n, DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
.12 REGULAR WAGES $840,355 868.428 885,428 $981.000 $930,000 $1,055,000
12121 SICKNACATION REDUCTIONS 8,862 12,668 7,223 30,000 20,000 30,000
1214 OVERTIME 41,920 47,752 40,889 45,000 51,000 45,000
12151 EMPLOYEE ASSIST, PROG, 560 540 567 1,000 1,000 1,000
12152 PLANT PERFORMANCE 0 0 0 0 0 0
1221 SOCIAL SECURITY 70,192 75,575 77,290 90,000 80,000 97,000
1223 HEALTH INSURANCE 81,650 80,252 92,138 116,000 110,000 130.000
12231 DENTAL INSURANCE 6,169 6,961 9,615 0 7,000 8,000
12232 DISABILITY INSURANCE 5,278 5,318 5,352 11,000 6,000 6,000
12233 LIFE INSURANCE 1,190 1,064 784 2,000 1,000 2,000
12234 VISION CARE 0 0 0 2,000 1,000 2,000
1224 WORKERS' COMPENSATION 36,117 34,216 35,332 41,000 39,000 41,000
1225 UNEMPLOYMENT 143 11,039 3,072 3,000 20,000 3,000
1236 PENSION 109,704 111,700 111,825 130,000 110,000 145,000
1240 PAYROLL CONTINGENCY 801 1,169 1,084 2,000 1,000 2,000
------ ------- ------ ----- --
TOTAL PERSONNEL
SERVICES $1,202,941 $1,256,682 $1,270,599 $1,454,000 $1,3n,000 $1,567,000
F:\doCS\8udget\ty2006.20D7\acct detail fy0607 mw
Page 1 of 5
7112120061:16 PM
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2002-2007
SERVICES
ACCOUNT 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
."-----~--_.__._-,_._--------~--" -- -_.._..,._._~-~...'-"-- -- _.__.--~._--"----'--
3100 MEDICAL SERVICES $598 $880 $1,470 $2,000 $1,000 $2,000
3110 LEGAL (GENERAL & ADMIN) 33,077 23,821 35,364 27,000 25,000 27,000
3112 LEGAL (TOXICITY) 0 0 1,238 3,000 5.000 7,000
3120 SERVICES (G & A) 5,099 7,225 8,824 13,000 11,000 10,000
3200 AUDITING 22,150 19,249 23,024 22,000 23,000 28,000
3300 LAB PERMIT TESTING 41,329 44,539 51,200 53,000 50,000 53,000
3400 PRETREATMENT 0 0 0 0 0 0
3402 TOXICITY TESTING 0 0 0 0 0 0
3404 CHEMICAL ANALYSIS 0 0 0 0 0 0
3406 METER CALIBRATION 7,236 6,980 7,745 8,000 8,000 8,000
3410 SLUDGE HAULING 424,066 241,053 430,587 455,000 460,000 475,000
3411 GRIT HAULING 86,383 94,247 79,504 84,000 94,000 94,000
3412 TRASH HAULING 124 571 890 2,000 1,000 2,0
3500 SERVICES (0 & M) 23,522 40,511 71,835 94,000 80,000 73,000
-------- ------- --- -----
TOTAL SERVICES $643,584 $479,076 $711,681 $763,000 $758,000 $779,000
F:\docs\Budget\fy20G6-2007\acct detail fy0607 mw
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South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2002-2007
OPERATIONS/MAINTENANCE
~CCOUNT 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
-'---._-_.--~._-_.._- '---_.__..__.__..__._---~.-.- ~.-.-.---~._"'.__._- - ~_._-~,_.-_.~_......-
4000 VEHICLE EXPENSE $8,698 $11,306 $12,627 $12,000 $15,000 $14,000
4020 BOARD CONTINGENCY 1,805 1,390 2,578 5,000 5,000 5,000
4100 TELEPHONE 17,938 19,583 20,045 24,000 21,000 22,000
~102 POSTAGE 3,827 3,594 3,428 6,000 5,000 6,000
~300 ELECTRICITY 601,767 712,669 752,536 790,000 1,000,000 1,150,000
~302 WATER 20,699 23,689 25,682 21,000 21,000 12,000
1303 IRR/PROCESS RECLAIM WATER 0 9,000 0 99,000 99,000 99,000
4400 EQUIPMENT RENTAL 726 0 596 2,000 1,000 2,000
4500 INSURANCE 253,930 231,028 197,906 220,000 212,000 314,000
4600 M & R EQUIPMENT 29,541 47,202 43,089 50,000 50,000 51,000
4620 M & R VEHICLES 7,390 4,205 2,810 8,000 3,000 7,000
4630 M & R GROUNDS 1,876 4,406 6,998 10,000 15,000 1 5,000
4l M & R BUILDINGS 6,554 4,864 11,188 10,000 6,000 10.000
4650 M & R UNSPECIFIED 21,057 20,518 22,846 20,000 15,000 20,000
4900 ADVERTISING 3,912 3,517 3,656 3,000 3.000 3,000
4902 LICENSE & PERMITS 14,072 23,192 17,904 15,000 17,000 17,000
5400 MEMBERSHIP DUES & SUB SCRIP' 10,878 9,683 11,071 11,000 11,000 11.000
5410 TECHNICAL TRAINING 7,261 6,543 4,423 9,000 4,000 9,000
5420 EDUCATIONAL EXPENSES 2,741 2,792 6,231 10,000 5,000 5,000
;400 CAPITAL ASSETS 14,514 29,430 19,525 0 0 0
-- -- --
TOTAL OPERATIONSIMAINT. $1,029,186 $1,168,611 $1,165,139 $1,325,000 $1,508,000 $1,772,000
F:\oOcs\Budget\fy2DOS.2007\acct detail fyOGO? mw
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South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2002-2007
CHEMICALS/SUPPLIES
ACCOUNT 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
.-..--.--.,.--..'-'- ----------.---.-' ^- ._-_..--~.'--'-- --~.'-'~~-'----- -.----.------.-- - ~-------
5100 OFFICE SUPPLIES $4,084 $5.497 $6,778 $8,000 $8.000 $8,000
5201 SAFETY SUPPLIES 3,126 4,893 7,965 6,000 4,000 6,000
5202 GENERAL OPERATING 22,119 15,734 12,868 20,000 20,000 20,000
5203 JANITORIAL SUPPLIES 2,487 2,870 2,819 3,000 3,000 4,000
5204 LABORATORY SUPPLIES 4,639 7,707 5,974 7,000 7,000 7,000
5210 CHEMICALS 550,566 557,993 711,697 755,000 715,000 780,000
5220 OIL, FUEL, LUBRICANTS 15,683 11.4 70 13,802 15,000 15,000 15,000
5230 CONSTRUCTION MATERIALS 1,648 2,070 0 3,000 1,000 3,000
5240 UNIFORMS 7,460 7,503 7,256 10,000 9,000 8,000
5250 SMALL TOOLS < $500 4,291 4,320 4,609 5,000 4,000 5,000
5251 OFFICE EQUIPMENT < $500 2,177 1,618 1,239 2,000 2,000 2,000
5252 LAB EQUIPMENT < $500 0 335 0 1,000 1,000 1,000
------------ ---------- -------. ------------ ----
TOTAL CHEMICALS/SUPPLIES $618,280 $622,010 $775,007 $835,000 $789,000 $859,000
OPERATING EXPENSES (SUMMARY)
SERVICES $643,584 $479,076 $711,681 $763,000 $758,000 $779,000
OPERA TIONS/MAINTENANCE $1,029,186 $1,168,611 $1,165,139 $1,325,000 $1,508,000 $1,772,000
CHEMICALS & SUPPLIES $618,280 $622,010 $775,007 $835,000 $789,000 $859,000
------ ---
TOTAL OPERATING EXPENSES $2,291,050 $2,269,697 $2,651,827 $2,923,000 $3,055,000 $3,410;000
F:l.Docs\Budget\fy20DS-2007\acct detail fy060? mw
Page 4 of 5
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South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2002-2007
OPERATING CONTINGENCY
DoCCOUNT 2002.2003 2003-2004
, NO~__,_,__~ESCRIPTION ______~~_TU~~___ .._~~T~~
2004-2005
ACTUAL
2005-2006
BUDGET
2005-2006
PROJECTED
2006-2007
BUDGET
4990
OPERATING CONTINGENCY
$50,000
$0
$0
$50,000
$0
$0
---...--- -----
TOTAL OPERATING
CONTINGENCY
$50,000
$0
$0
$50,000
$0
$0
ENGINEERING
~CCOUNT 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006-2007
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
_.__w____, ~----
J150 GENERAL $37,231 $87,115 $180,151 $50,000 $40,000 $50,000
3150a Pennit - DEP 0 0 0 0 0 40,000
3151 FACE 6,250 18,750 0 40,000 47,000 0
3 BIOTOXICITY 0 0 0 0 0 0
3162 PRETREATMENT 0 0 0 5,000 0 5,000
1163 THERMAL SCREENING 0 995 0 0 0 0
TOTAL ENGINEERING $43,481 $106,860 $180,151 $95,000 $87,000 $95,000
GRAND TOTAL BUDGET:
$3,587,472
$3,633,239
$4,102,577
$4,522,000
$4,519,000
$5,072,000
F:'.docs\Budget\fy200S_20D7\acct detail fy0607 mw
Page 5 of 5
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ACCT. NO.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT TITLE
1212
---.---- --,._~~-~-'--~-._--~---~ ..~--~-~-
REGULAR WAGES
12121
1214
12151
12152
1221
1223
12231
SICKNACA PAY REDUCTION
OVERTIME
EMPLOYEE ASSISTANCE
PROGRAM
PLANT PERFORMANCE
SOCIAL SECURITY/
MEDICARE
BLUE CROSS/BLUE SHIELD
HEALTHIDENTAL INSURANCE
DENTAL INSURANCE
F:\docs\Budget\fy2006-2007\accl detail fy0607 mw
PERSONNEL
DESCRIPTION
Base wages - 23 Regular Employees; 1 part-time
4 Administrative
2 Lab & pretreatment
11 Operators + Holiday reg
7 Maintenance
Includes 4% average merit pay increase
$130,000 for Reuse (36,OO/hr est 300hr per mth)
Special Parity Increase:
Chief of Operations - D Coates 5%
FiscallSytems Analyst - M Woodall 5%
Maintenance Supervisor - A Parsons 5%
Electrician - M, Grein 5%
Lead Operator - J Eaton 5%
Employees have the annual option to
cash out (at 50% payment) all sick days
in excess of fifteen (15) accrued in sick
day bank, Vaca 100% up to 80 hours,
Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch
12142 Maintenance
12143 Shift 1 Coverage
12144 Shift 2 Coverage
12145 Shift 3 Coverage
12146 Training
12148 Holiday Coverage
12149 Lab/Pretreatment
12150 Special Projects
Board cost: $2.25 per employee per
month, Provides family counseling and
referral services to employees and their
families.
Award given to those employees whose performance
has contributed to overall efficiency of Plant as
recommended by Executive Director and approved
by the Board,
Employer's estimated cost: 7.65%
currently = Social Security - 6.2%;
Medicare - 1.45%.
Reuse
Wastewater
3,000
4,000
5,000
4.000
7,000
2.000
16,000
2,000
2,000
Board cost per employee [23] is estimated @
$435,00 monthly, (@ 10% increase) + $10 @ emp/mth to BB
+ Stop loss liability $7,000 to City of Boynton Beach
Board cost per employee [23J est @ $32.00 monthly
Page 1 of 9
2006.2007
BUDGET
$1,185,000
(130,000)
$1,055,000
30,000
45,000
1,000
o
97,000
130,000
8,00C
7/12/20061:14 PM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL (cont.)
2006-2007
ACCT. NO. DESCRIPTION BUDGET
12232 DISABILITY INSURANCE Long .term disability insurance provided 6,000
by the Board at approximately 1 % of 40 hour
base pay per employee,
12233 LIFE INSURANCE Board provides $10,000 life insurance. 2,000
12234 VISION CARE Employee vision plan $5 @ emp mthly 2,000
1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,000
base pay. Anticipate a 5% increase.
1225 UNEMPLOYMENT Paid on a reimbursable basis according 3,000
to claims received,
1236 PENSION Defined Board contribution based on 40 145,000
hours base pay for participants plus
administrative fees.
1240 PAYROLL CONTINGENCY Employee annual appreciation dinner 2,000
and luncheons (j,e,: retirements,
recognitions, and safety awards).
TOTAL PERSONNEL $1,567,000
F:ldoCSIBudgetlfy2006-2007Iacct detail fy0607 mw
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
SERVICES
2006-2007
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000
3110 LEGAL (ADMIN & LABOR) Attorney fees:
31101 Admin - Saberson $25,000
31103 Pension - Gray Robinson 1,000
31104 Lewis, Longman & Walker 1,000
----- 27,000
3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation
31121 Saberson 2,000
31125 Lewis, Longman & Walker 5,000
------ 7,000
3120 SERVICES: 31201 Accounting & Bookkeeping 1,000
General & Administrative 31202 Computer Consultant & Lic renewals 5,000
31206 Copier Maint. Contract 2,000
31208 Others 2,000
10,000
3200 AUDIT FEES 32001 AnnualAud~ 28,000
3300 LAB PERMIT TESTING Palm Beach County Water Utilities Laboratory 53,000
per Intergovernmental Agreement
3406 METER CALIBRATION Calibration of transmitters, totalizers, B,OOO
FLORIDA SERVICE recorders, and flowmeter pump as required.
3410 SLUDGE HAULING Based on liquid hauling rate of $74,63/1,000 gals, 475,000
or $18.25 per cu yd for cake.
(900 loads * 529,30) 3% cpi inc 9/1/06
3411 GRIT HAULING 72 trips @ $650; 45 @ $1,000; 13 @ $300,00 per trip, 94,000
3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 2,000
3500 SERVICES: 35001 Centrifuge 30,000
Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000
Professional 35003 Generators 5,000
35004 Lawn Maintenance 12,000
35005 Admin, Building Cleaning 6,000
35008 Other 2,000
35009 Contract Labor 1,000
35011 Chlorination System Maint 15,000
------ 73,000
----
TOTAL SERVICES $779,000
-----------
-----------
F:\docs\8udget\fy2006~20D7\acct detail fy0607 rrv.'
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
OPERA TIONS/MAINTENANCE
2006-2007
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
4000 VEHICLE EXPENSE Mileage reimbursement @
$OA5/mile; Fuel for company vehicles
1 approved vehicle allowance,
40001 Vehicle Allow $6,000
40002 Mileage Reimbursement 1,000
40003 Fuel for Vehicles 7,000
$14,000
4020 BOARD CONTINGENCY Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation 1,000
40202 Board Expense: Meals and Entertainment 1,000
40204 Board Expense: Travel, Lodging 3,000
5,000
4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 22,000
including Fax, pager, 4 cellular phones and E-mail/lnternet
4102 POSTAGE U,S. Mail - Rate .39 first class 6,000
ELECTRICITY KWH including surcharge for peak 1,150,000
usage, Avg mthly 1,1 mKWH consumed
+ 10% increase
4302 WATER CONSUMPTION Budgeted for 1 m gallons/month 12,000
4303 IRR/PROCESS REUSE WATER Irrigation water cost 1,1 m gal/day @ $.25/1000 99,000
4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2,000
ments as required in maintenance and
operations,
4500 INSURANCE EXPENSE 45001 General Professional Liability 43,000
45002 Auto 15,000
45003 Employment Practices 40,000
45004 Fiduciary 2,000
45006 Petroleum Storage Tank 1,000
45007 Pollution Liability 16,000
45008 Commercial Property 180,000
45009 Boiler & Machinery 7,000
45010 Mobil Equip & EDP 8,000
45011 Employee Dishonesty 2,000
.....................
314,000
F:ldOCsIBudget\fy2006'2007Iaccl delai! fy0607 mw
Page 4 of 9
7/1212006 1 :14 PM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
F:\docs\Budget\fy2DD6-2DD7\acct detail fy0607 mw
Page 5 of 9
7112/20061:14 PM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERA TIONS/MAINTENANCE
DESCRIPTION
2006-2007
BUDGET
ACCT. NO. ACCOUNT TITLE
4902 LICENSES AND PERMITS 17,000
STATE
Professional & Operators license renewal 2,000
Operating Permit 7,500
Storage Tank 50
Risk Management 1,000
10,550
PALM BEACH COUNTY
Air Pollution Licenses 100
Wellfield Permit 75
Storm Water 500
Tags on Trucks 200
Wastewater 2,150
3,025
CITY & SPECIAL DISTRICT
Solid Waste Assessment/Lake Worth Drainage 2,400
Special District Fee 175
Other 850
3,425
5400 MEMBERSHIP DUES AND Dues - Professional organizations 11,000
SUBSCRIPTIONS Professional Registration and licenses, journals
and subscriptions.
5410 TECHNICAL TRAINING
CPEs required for lie renewal per FLDEP
Lab Technical, and Quality Assurance
Short Schools; Personnel Seminars and
technical conferences; computer classes
54101 Conferences
54102 Meals
54103 Travel & Lodging
54104 CEU courses
2,000
1,000
3,000
3,000
9,000
5420
EDUCATIONAL EXPENSES
Classes, books & fees,
5,000
TOTAL OPERATIONS/MAINT.
$1,772,000
-----------
-----------
F:ldocsIBudgetlfy2006-2007\acc: delail !y0607 mw
Page 6 of 9
7/12/20061:14 PM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
CHEMICALS AND SUPPLIES
ACCT. NO. ACCOUNT TITLE
DESCRIPTION
5100 OFFICE SUPPLIES
Copier paper, stationery, printer ink cartridges
business cards, check printing,
general office supplies, & necessities,
5201 SAFETY SUPPLIES
Gloves, protective glasses, face shields,
hearing protection, overboots, ear-plugs,
muffs, emergency eye wash, cartridge respirators,
gas cartridge, sterile storage bags for resp-
irators, disinfection systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, chemical spill absorb-
ents, oil sorbent, liquid chemical neutralizers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion detector tubes,
signs, labels, tags, first aid supplies, fire
extinguishers and accessories, hazardous
area lights, emergency small tools, safety
charts, books,
5202 GENERAL OPERATING
SUPPLIES
Operating supplies, raingear, hard-hats,
boots, drager tubes, gloves, hoses,
firehoses, chart pens, charts, DO meters,
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies,
5203 JANITORIAL SUPPLIES
Mops, brooms, paper goods, brushes, all
necessary janitorial cleaning supplies,
5204 LABORATORY SUPPLIES
Laboratory upgrades and replacements.
Reagents, glassware, replacement of equip-
ment, apparatus. Lab supplies consumed by
Process testing done in house,
5210 CHEMICALS
52101 Polymer: 455,000 Ibs @ ,B81b
$400,000
52102 Lime: Calculated 900 tons @ $139,00
per ton,
52103 Chlorine: 195 tons @ $678.05/ton,
52104 Bisulfite: 300,000 Ibs. @ $,096/lb
52105 Misc. Chemicals
52106 Caustic 34,000 gal @$2,04 per gal
52107 Sulfuric Acid 200,000 Ibs. @ $,091b,
125,000
135,000
29,000
4,000
69,000
18,000
F :ldocsIBudgetlfy2006-2007\acct detail Iv0607 mw
Page 7 of 9
7/12120061:14 PM
2006-2007
BUDGET
8,000
6,000
20,000
4,000
7,000
780.000
ACCT. NO.
5220
5230
5240
5250
5251
5252
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT TITLE
CHEMICALS AND SUPPLIES (cont.)
DESCRIPTION
OIL, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas,
LUBRICANTS grease, oil, and lubricants for pumps and
mowers.
CONSTRUCTION MATERIAL
UNIFORMS
SMALL TOOLS AND
EQUIPMENT PURCHASE
OFFICE EQUIPMENT
LAB EQUIPMENT
TOTAL CHEMICALS AND
SUPPLIES
F:\dOcs\Budget\fy2006-2007\acct detail fy0607 mw
Walkways, signs, fencing, rails, platforms,
small shelters, concrete, etc. Additional office
and storage units.
Board participates 50% in uniform rental.
Provides five (5)
new sets of uniforms to non-renters each year
basis cost of $200,00 per employee.
Approved protective safety shoes: $85,00 - $190.00
employee per year.
Handtools, drills, bits, files, small toolboxes,
electrical equipment, and small maintenance
tools < $750.00 value,
Filing cabinets, chairs, calculators, adding
machines, office mats, shelves, printers,
tables < $750.00 value,
Small equipment <$750.00
Page 8 of 9
7/1212006 1:14 PM
2006-2007
BUDGET
15,000
3,000
8,000
5,000
2,000
1,000
$859,000
-----------
. -----------
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING CONTINGENCY
2006-2007
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $0
items which are exceeded during the budget
year. Status of this Fund to be reported to
Board, GASB & GAAP requirements.
ENGINEERING
2006-2007
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3150 GENERAL 31501 General/Permit Assistance (permit renewal) 25.000
31502 Process Control 25,000
3151 FWENNOAA - Testing 40,000
-- $90,000
3162 PRE-TREATMENT 5,000 $5,000
TOTAL ENGINEERING
$95,000
-----------
-----------
GRAND TOTAL BUDGET:
$5,072,000
-----------
-----------
F:ldocsIBudgellfy2006-2007Iacct detail fy0607 rnw
Page 9 of 9
7/12/2005114 PM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET
FlY 2006/2007
JUNT
10. DESCRIPTION 2002-2003 2003-2004 2004-2005 2005-2006 2005-2006 2006.2007 ,
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
12 REGULAR WAGES $79,050 $ 96,000 $ 113,103 $126,000 $105,000 $130.000
01 LEGAL 2,389 3,200 2,694 4,000 0 4,000
;02 ENGINEERING 23,690 4,900 1,768 4,000 2,000 4,000
101 AUDIT 4,000 2,000 4,000 4,000 4,000 5,000
12 TESTING 16,628 14,800 17,299 17 ,000 17,000 18,000
)6 METER CALIBRATION 0 0 90 1,000 2,000 1,000
)04 SERVICES (LAWN MAINT) 9,550 9,100 7,800 9,000 8,000 9,000
II FUEL FOR VEHICLES 0 0 90 1,000 1,000 1,000
)0 ELECTRICITY 97,544 116,000 123,942 135,000 150.000 150,000
)01 INSURANCE 26,861 22,409 21,230 25,000 18,000 30,000
)14 M & R EQUIPMENT 11,128 19,300 9,913 10,000 6,000 10.000
W M & R BUILDING 107 200 1,051 1,000 0 1,000
)2 LICENSES & PERMITS 0 0 0 0 0 0
)4 SUPPLIES LAB 0 0 0 1.000 0 1,000
03 CHEMICALS CHLORINE 40,999 37,000 66,574 90,000 85,000 97,000
--..-
)'L BUDGET: $311,946 $ 324,909 $ 369,554 $428,000 $398,000 $461,000
F:\docs\8uagenfy2006_2C07\FiEU5E det ilummary0507
Page 1 of 1
Draft 7113120068:14 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET
FlY 2006/2007
2006-2007
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
R 1212 REGULAR WAGES Reuse charged ($36.00/hr) $130,000
for work performed on system
R31101 LEGAL Atttorney fees associated with 4,000
reclaim
R 31502 ENGINEERING Engineering fees associated 4,000
with reclaim
R 32001 AUDIT Audit fees for reclaim 5,000
R 3402 TESTING Costs associated for lab fee 18,000
required by DEP
R 3406 METER CALIBRATION Calibration of transmitters, 1,000
totallizers, recorders as required
R 35004 SERVICES Cost incurred for maintenance 9,000
of grounds associated with reclaim
R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000
R 4300 ELECTRICITY per KWH including surcharge for 150,000
peak usage
R 45001 INSURANCE Property liability package for 30,000
reclaim covered under plant
policy
R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000
pumps & equipment
R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000
buildings
R 4902 LICENSE & PERMITS Cost for State & local reclaim 0
permits
R 5204 LAB SUPPLIES Lab supplies consumed for 1,000
testing required by DEP
R 52103 CHEMICALS Chlorine 143 tons @ $678 97,000
per ton -----------
TOTAL BUDGET: $461,000
!'C:\docs\8udget\fy20D6-2007\REUSE del summary0607
Page 1 of 1
South Central Regional Wastewater Treatment & Disposal Board
REPAIR & REPLACEMENT FUNDS
2006/2007
Paint interior Headword
"A" Plant RAS Plant Upgrade
Replace Diamond Plate with Grating "A" Plant Clarifier Bridge
"B" Plant Waste Pumps
Total
Page 2 of 3
112/2006 1 :27:01 PM
:\docs\B udget\fy2 006-2007\SalientBudgeto6G 7 .doc
$ 50,000
350,000
20,000
100,000
$ 520.000
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20, 2006, by a vote of 9-0, Authorization to establish
Wastewater User Rate to Cities for Fiscal Year 2006/2007 as follows:
TOTAL:
2006/2007
$0.8032/1,000 Gal.
$0.1800/1,000 Gal
$0.9832/1,000 GAL
Operations & Maintenance
Reserves
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Boynton 071006,doc
AGENDA #1.2
South Central Regional Wastewater Treatment & Disp)sal Board
WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND
USER RATE & PROJECTED REVENUES
F fY 2006/2007
RATE
0.8032/1,000/gal
0.1800/1.000/oal
0.9832/1.000/aal
O&M
Reserves
Total
O&M Budaet
$5,072,000
OPERATIONS & MAINTENANCE
.,."'-....._~.........._......_-~~------.....".,---_.~~....",...-.~~,._.._._-.....,.......-.--....-......
PROJECTED FLOW
MINIMUM 17.3 mgd
AVERAGE 17.8 mgd
MAXIMUM 18.3 mgd
RATE
$0.8032/1,000/gal
INCOME
$5,071,806
$0.8032/1,000/gal
$5,218,390
$0.8032/1,000/gal
$5,364,974
RESERVES FOR REPAIRS & REPLACEMENT
--~-._--'~'-~'---.............._._._-,--,'>--........."..,.._,..---...--....---.._---
PROJECTED FLOW
MINIMUM 17.3 mgd
AVERAGE 17.8 mgd
MAXIMUM 18.3 mgd
F :Idocs 18 udget\fy2006-2007\rates0607
RATE
$0.18/1,000 GALS.
INCOME
$1,136,610
$0.18/1,000 GALS.
$1,169,460
$0.18/1,000 GALS.
$1,202,310
Page 1 of 1
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, Authorization to establish
Reclaim User Rate to Cities for Fiscal Year 2006/2007 as follows:
Operations & Maintenance
2006/2007
$0.260/1,000 Gal.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of ' by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Boynton 071006,doc
AGENDA #1.3
South Central Regional Wastewater Treatment and Disposal Board
RECLAIM USER RATE OPERATION & MAINTENANCE
FN 2006/2007
'riginal Retail Customers (1.1 billion gal/year) 3 year average
ity of Delray Beach (263 million gal/year) No History (De/ray Muni, Hamlet,Lakeview)
CRWWTP (396 million gal/year) average
otal = (1.759 billion gal/year)
rojected budget O&M = $461,000
Reclaim user rate based on projected flows = $
$461,000/1,759,000,000 gal
Rate
0.2621 0.26/1,000 GAL
User Flows RATE Revenue
Original Retail Customers 1.1 billion gal/year J.22/1 000 gal + surchargE 318,000
City of Boynton Beach ? 0.26/1000 gal unknown
City of Delray Beach:
Delray Muni GC 96 million gal/year 0.26/1000 gal 24,960
Hamlet 125 million gal/year 0.26/1000 gal 32,500
Lakeview 43 million gal/year 0.26/1000 gal 11,180
SCRWWTP 396 million gal/year 0.26/1000 gal 102,960
$ 489,600
F: \docs \8 udget\fy2006-2007\rates0607
Page 1 of 1
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20, 2006, by a vote of 9-0, Acceptance of 2006/2007
Organizational Chart and Salary Range Revision.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Boynton 071006.doc
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, VI.-CONSENT AGENDA
ITEM C.12.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
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
C8J August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August J 5, 2006 July 31,2006 (Noon) 0 October ]7,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8. 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 A nnouncements/Presentati on s 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TlON: Motion to approve and authorize the execution of a Resolution for a Feasibility Study to determine
fund raising viability for the Congress A venue Boundless Park in the amount of $ I 6,500,
EXPLANATION: The Master Plan for the Congress Avenue Boundless Park has been completed and is estimated to cost
approximately $8,600,000, Major elements of the park include a therapeutic recreation center, a "Boundless Playground", a
palm court to provide a shaded area for parents to view the playground, a splash fountain, a hobby boat pond which will
expand the realm of play for those in wheelchairs and walkers, a koi pond to offer park users an opportunity to interact with
nature, and a series of paved trails that will meander through the various areas of the park, Also included will be picnic areas,
a children's performance platform, sensory gardens, environmental education areas and access to the hard-surface tennis
courts,
Because of the cost of the park, it is recommended that funds for construction be raised through a fund raising campaign.
Prior to the onset of the campaign, it is recommended that a feasibility study be conducted to evaluate the funding
opportunities and methods, The feasibility study will verifY that favorable conditions exist for a successful campaign, that the
project is perceived as having a positive value and worth, and that the project can command the interest, participation and
financial support necessary to ensure a successful campaign. The Waters Pelton Organization, Inc. specializes in fund raising
campaigns on both a small and large scale, This would be considered a small scale campaign, An overview of the firm is
attached (Attachment A), An Introduction to the Feasibility Study Process is also attached (Attachment B), It is believed that
the cost for the feasibility study will be a sound investment in this unique project
PROGRAM IMPACT: Development of the park will provide opportunities for programming for special populations such
as the sight impaired, physically impaired and mentally challenged, Activities for those who cannot participate in the City's
existing activities will be offered through the therapeutic center. These activities will include programs for children, teens and
adults, The park will be accessible for adults with limitations who wish to bring their children or grandchildren to a park,
The park will offer opportunities for all children to play together regardless of their abilities, Additionally, the therapeutic
center can be used by groups for meetings.
FISCAL IMP ACT: The cost of the feasibility study is $ I 6,500 and can be funded using existing funds in Parks Other
Contractual Services (Account # 001-2731-572-49-17). There is currently a balance of approximately $34,000.
ALTERNATIVES: Do not do the feasibility study,
SIWIIIIIN.!-ORMS.\(iFND/\ ITEM REQUEST !-OR~l DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
J2~~tm,
Assistant to City Manager __~_
~
DepfU1ment Head's Signature
\
City Attorney! Finance
Department Name
Recreation and Parks
\ III '11111"IH*\l\ ,\1 i1'\!l\ 111,1\1 kll)IISI HiR\l !l()C
26
1 RESOLUTION NO. R06
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AN AGREEMENT WITH THE
6 WATERS PELTON ORGANIZATION, INC. FOR
7 CONGRESS AVENUE BOUNDLESS PARK
8 FEASIBILITY; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11
12 WHEREAS, the Master Plan for Congress Avenue Boundless Park has been
13 completed and the estimated cost to complete the major elements of the plan are
14 approximately $8,600,000, an amount currently requiring a funding source; and
15 WHEREAS, the City Administration has made recommendations that funding for
16 construction be raised through a fundraising campaign but recommends that a feasibility
17 study be conducted to evaluate funding opportunities and methods; and
18
WHEREAS,
The Waters Pelton Organization, Inc. specializes III funding
19 campaigns on both a small and large scale and is available to conduct a feasibility study for
20 $16,500.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby approves a proposal from The Waters Pelton Organization, Inc. to propose a
28 feasibility study, a copy ofthe proposal being attached hereto as "Exhibit A."
S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant- Waters Pelton Org Inc.doc
1
2
3
4
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24 City Clerk
25
26
27 (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\RESO\Agreements\Consultant Agmt Resos\Consultant - Waters Pelton Org Inc.doc
City of Bo.ynton Beach Recreation & P:
Attachment A
Campaign Feasibility Study
BACKGROUND
Working with GlattingJackson's Parks and Public Space Pla.nning Group, the City of
Boynton Beach Recreation and Parks Department (BBRPD) completed a master
plan for its Congress Avenue Park, located at the comer of Charter Drive and
Congress Avenue in Boynton Beach, Florida.
Ibis master plan was developed with extensive input from vanous non-profit
organizations throughout Palm Beach County starting with a full day Visioning
Workshop. The resulting plan is designed to be the county's first <'boundless park,"
a place where all children (and adults), with and without disabilities, can develop
essential skills for life as they learn together through play.
The central themes of the park include a <<Boundless Playground," serving kids of all
ages and abilities, as well as Chinese garden design principles in honor of Boynton
Beach's Chinese sister city Qufu. Over 30 people participated in the Workshop,
including representatives of social services agencies such as The Arc, United Way of
Palm Beach County, the Lions Club, Coalition for Independent Living Options and
United Cerebral Palsy.
Because the total project is estimated to cost between $10-12 million, BBRPD has
determined that a fund raising feasibility study should be conducted to determine
sources of leadership and funding for the project. This effort will enable the City of
Boynton Beach to ensure that local citizens are not burdened with the full cost of the
facilities added to their tax bills.
The Waters Pelton Organization, Inc. (WPO), has submitted this proposal to
conduct the study, and will work closely with BBRPD's representatives in carrying
out this assignment. Charlotte Pelton, President of the firm, will serve as the
Manag;ng Consultant for the study, with senior development/administrative staff
assisting in the effort Included in this document is a proposed outline of study
activities, methodology for completing the process in a timely and efficient fashion,
and a statement of associated costs.
1HE W,HERS PELTON ORG.\NIBTION, INC.
2
Fund Raising , Planning . Public Relations
(:It, uf Huynton Beach Recreation & Parks Department
Campaign Feasibility Study
Proposal
The WPO Team
WPO provides services to its clients on a Project Team basis, utilizing team members'
experience and expertise as required to best serve the client's particular needs. Resumes are
provided for each organization's principals as well as the additional team members to be
assigned to this project.
About The Waters Pelton Organization
The Waters Pelton Organization, Inc. (WPO) is a national fund raising, planning and public
relations firm providing specialized services to a variety of non-profit organizations across
the country. The firm is involved with various organizations in arts and culture, social
services, environment, faith-based services, education, government and health care. Since its
inception, the firm has provided consulting services to organizations in over 350 cities across
the country.
WPO has the experience and professional staff to provide a number of specialized services
aimed at enhancing the effectiveness of each client organization. The quality of our service
is exemplified by the wealth of experience and expertise of our principals, associates and
staff. Each member of our team is motivated to provide the highest quality service and to
help further enhance the firm's reputation as the right choice to handle planning, fund
raising and public relations needs.
Services include Fund Raising Counsel, Capital Campaign Management, Strategic Planning
Studies, Development Assessment Studies, Campaign Feasibility Studies, Database Analysis/
Donor Audits, Public Relations, and Management Consulting. The partners and associates
of the firm have been responsible for raising in excess of $1.8 billion for various charitable
enterprises through their collective efforts.
Headquartered in West Palm Beach, Florida, WPO encompasses four additional regional
offices located in Chattanooga, Dallas/Fort Worth, Sacramento and Tampa.
J. Keith Waters
Chairman & CEO
The founding member of the firm, Mr. Waters is responsible for direction of all operations
for the company, which encompasses associates and support personnel in locations
throughout the country.
Mr. Waters received a BA degree in Communications from the University of Kentucky and
holds numerous certifications in fund raising, planned giving and management.
nlE W.\TERS PELTOI' ORG,\0:IZ,\TI00:, 10:c.
10
Fund RalSing , Pbnnmg , Public Relations
City of Bo.ynton Beach Recreation & Parks Department
Proposal
Call1p:ugn Feasibility Study
He is a member of the Association of Fundraising Professionals (AFP), the Business
Development Board and the Palm Beach County Cultural Council. He has also served as
the Chief Executive Officer of the Palm Beach International Film Festival, and on the
boards of several prominent organizations including The Salvation Army, Palm Beach Zoo
and National Association of Religious Broadcasting.
Mr. Waters has personally worked with organizations in over 200 cities across the country,
providing special management counsel to such prestigious organizations as The Salvation
Army, Boys & Girls Clubs of America, YMCA, Hospice, United Way, and other cultural,
environmental, education and human services organizations. In addition, Mr. Waters is a
frequent guest lecturer across the country specializing in campaign strategic
planning/management, leadership development and organizational management.
Charlotte Pelton
President
As a principal of the firm, Ms. Pelton is responsible for all marketing and research activities.
She also manages a variety of the finn's projects in the education, cultural, social service and
environmental arenas.
Ms. Pelton has over twenty years of experience in strategic planning, marketing and business
development with several Fortune 100 companies including Holiday Inns, Inc. and FPL. She
also served as Chief Operating Officer and Director of Marketing Services for the Palm
Beach County Cultural Council and worked extensively within the corporate and cultural
circles of the South Florida region.
She earned a BS in Business Administration from the University of Southern Mississippi and
completed postgraduate work at Memphis State University.
Ms. Pelton is a member of the Association of Fundraising Professionals (AFP), and
Executive Women of the Palm Beaches (EWPB), where she serves as a member of the
Board of Directors and as Chair of Executive Women Outreach, Inc., the charitable
foundation of EWPB. She also serves on the boards of the Suncoast High School
Foundation where she was the founding Chair and the West Palm Beach Library
Foundation, as well as on the advisory boards of the Arthur R. Marshall Foundation and
Pura Vida Missions, Inc. In addition, she volunteers for the American Heart Association
and the American Cancer Society. Past board service has included Florida Stage and the
Palm Beach International Film Festival, and as Arts Committee Chair for the Memphis in
May International Festival.
nIE W.lTERS PELTOl'; ORG.\l':IZ.\TIOl':, Il';c.
I I
Fund Raising . PlalUling , Public Relations
City of Bovnton Beach Recre"tlClfi & Parks Department
Campaigp Feasibility Study
Proposal
References
Ms. Judy Mitchell
Chief Executive Officer
Kravis Center for the Performing Arts
West Palm Beach, FL
(561) 651-4209
Mr. Scott Badesch
Executive Director
United Way of Palm Beach County
Boynton Beach, FL
(561) 375-6600
Ms. Mary Riedel
Community Affairs Manager
Sun Sentinel Company
200 East Las alas Boulevard
Ft. Lauderdale, FL 33301
(954) 356-4340
Ms. Suzette Wexner
President
Palm Healthcare Foundation
West Palm Beach, FL
(561) 833-6333
THE W_\TERS PELTOl" ORG_\l"IZ,\TIOl", Il"C
12
Fund Raising . Plannin~ . Public R.ebtion~
Chattanooga
Attachment B
THE WATERS PELTON ORGANIZATION, INC.
FUND RAISING · PLANNING. PUBLIC RELATIONS
477 South Rosemary Avenue, Suite 316
West Pahn Beach, FL 33405
Telephone (561) 626-0026
FAX (561) 626-9tt9
Congress Avenue "Boundless" Park
Feasibility Study
Management Proposal
City of Boynton Beach
Recreation & Parks Department
Boynton Beach, Florida
DalJasfFort Worth
Sacramento
Tampa
West Palm Beach
City afEoynton Beach Recreation & Parks Department
Campaign Feasibility Stud~'
Proposal
BACKGROUND
Working with GlattingJackson's Parks and Public Space Planning Group, the City of
Boynton Beach Recreation and Parks Department (BBRPD) completed a master
plan for its Congress Avenue Park, located at the comer of Charter Drive and
Congress Avenue in Boynton Beach, Florida.
This master plan was developed with extensive input from vanous non-profit
organizations throughout Palm Beach County starting with a full day Visioning
Workshop. The resulting plan is designed to be the county's first '1Joundless park,"
a place where all children (and adults), with and without disabilities, can develop
essential skills for life as they learn together through play.
The central themes of the park include a "Boundless Playground," serving kids of all
ages and abilities, as well as Chinese garden design principles in honor of Boynton
Beach's Chinese sister city Qufu. Over 30 people participated in the Workshop,
including representatives of social services agencies such as The Arc, United Way of
Palm Beach County, the Iions Club, Coalition for Independent Iiving Options and
United Cerebral Palsy.
Because the total project is estimated to cost between $10-12 million, BBRPD has
determined that a fund raising feasibility study should be conducted to determine
sources of leadership and funding for the project. This effort will enable the City of
Boynton Beach to ensure that local citizens are not burdened with the full cost of the
facilities added to their tax bills.
The Waters Pelton Organization, Inc. (WPO), has submitted this proposal to
conduct the study, and will work closely with BBRPD's representatives in carrying
out this assignment. Charlotte Pelton, President of the firm, will serve as the
Managing Consultant for the study, with senior development/administrative staff
assisting in the effort. Included in this document is a proposed outline of study
activities, methodology for completing the process in a timely and efficient fashion,
and a statement of associated costs.
1HE W.\TERS PELTO)'o; ORG.\1'-:IZ,\TIOl", II'c.
2
Fund Raismg , Plannl11g' Public RclatlOlls
City of Bovnton Beach Recreation & Parks Department
Proposal
Campaign Feasibility Study
KEY ISSUES TO BE ADDRESSED
The following issues will be clarified in the process of completing the Campaign
Feasibility Study:
Funding Needs
1) Based on the identified needs and subsequent discussions with BBRPD staff and
city leaders, what are the specific capital development needs and the priority of
each?
2) What type of funding is needed and what are the anticipated uses?
3) What amount is cUttendy available (i.e., reserves) for this project?
4) What additional amount would be needed from a development campaign?
Community Attitudes
5) What is the attitude and oudook of local community representatives (city
officials, key potential donors, community leaders) toward a projected capital
development campaign?
Prospects for a Successful Campaign
6) What are the significant indicators for success of the campaign?
7) What are the strengths and weaknesses in terms of the leadership potential
within the community? Can these leaders produce significant campaign gifts
through their influence with others in the community? Can the project attract the
needed outside leadership for the campaign? What actions need to be taken to
strengthen the effort in this regard?
8) How is the campaign perceived by the vanous donor constituencies or
prospective constituencies? Do they support the need for the proposed capital
development plan?
THE W~\TERS PE.LTO/>: ORG~-\J"IZ.\TIO/>:, I/>:c.
3
Fund Raising . Planning . Public Relations
City of Bovnton Beach Recreation & Parks Department
, Campaign Feasibility Study
)'roposal
The Case for Support
9) What are the strengths and weaknesses of the Case for Support for the capital
projects to be presented by BBRPD?
10) How can the project be best positioned to ensure the appropriate levels of
support for capital needs?
Fnnding Sources
11) What companies, foundations and individuals can be expected to make
significant contributions to the campaign? What amonnts can be anticipated?
12) What would be the source or sources of a "lead gift" to the campaign?
13) What prospects exist for public sector (governmental) capital grants or funding
programs?
Campaign Leadership
14) What is the recommended organizational structure of the campaign?
15) Which key community leaders should be involved in the campaign leadership
structure?
Proposed Time Frame
16) What other local organizations are planning a campaign within the next one to
two years?
17) Is there a consensus among City of Boynton Beach officials and community
leaders as to the most desirable time for a campaign?
18) What timetable is recommended in terms of both pre-campaign preparation and
the actual duration of the campaign?
THE W.\TERS PELTOJ'.: ORG,\1'-':IZ.\1l0J'.:, !J'.:c.
4
Fund R2ising . Planning , Public RelatIOns
City of Boynton Beach Recreation & Parks Dq>artment
Proposal
Campaign Feasibility Study
THE THREE-PART STUDY PROCESS
(I) Development of the Case for Support
Working with BBRPD staff and drawing on various planning documents, WPO will
prepare a comprehensive Case for Support, which sets forth:
· Future plans for the park;
· The specific costs involved in reaching these goals; and
· The difference the capital support being discussed will make in the quality of
the proposed park and the impact the park will have on the citizens it aims to
serve throughout Palm Beach County and beyond.
(II) Testing the Case
WPO will then utilize this preliminary statement in conducting approximately 40
confidential, in-depth interviews with City of Boynton Beach leadership, prominent
community leaders, and potential donors and will raise these questions:
· Reaction to the pre]itnin~ry Case for Support in terms of its importance and
its objectives for the future;
· Sources of support available, and at approximately what levels, from various
prospective donor constituencies;
· Individuals who would be in a position to provide the type of fund raising
leadership required for the task;
· Components of the plan with the most appeal;
· Personal willingness to be involved in asking others to participate;
· Ways in which the Case for Support can be shared; and
· Willingness to support the program (personal, company, foundation)
In addition to the personal interview process, a special questionnaire will be
developed and issued to 250 select Boynton Beach residents, selected potential
THE W_HERS PELTOl" ORG_\l"I2. \ 110l", Il"c.
5
Fund Raising , Planrung . Public Relations
(:ity of Bovnton Beach Recreation & Parks Department
Campaign Feasibility Study
Propo"'i!
donors and community leaders to allow for additional reaction and input into the
development of the campaign plan.
(III) Strategy. Structure. Systems. Staffing
On the basis of what is learned during the personal interview process and through
the questionnaires, WPO will submit a comprehensive written report to BBRPD,
within 30 days of completing the surveys and interviews, which represents our
findings, conclusions and recommendations.
Specifically, this document will cover:
. How much of the stated campaign funding will be available within a specified
pledge period;
. How much it will cost to raise;
. A detailed plan for the campaign and its implementation;
. The timetable needed to develop the structure and secure the funding;
. Systems, staffing and prospective volunteer leadership suggested for the
program; and
. A description of steps to be taken in starting the effort to obtain significant
capital support.
When the report is submitted it will be accompanied by:
. An Executive Snmma.ry of findings in the study;
. An overview of responses to specific questions during the interview process;
. A complete and confidential analysis of the personal interviews; and
. A complete listing of individuals participating in the study.
FEE STRUCTURE
The finn's comprehensive fee for management of the study will be sixteen thousand,
five hundred dollars ($16,500). Payment of the fee will be as follows:
$ 10,000
Upon Approval
'fiIE W,\TERS PELTO]-.; ORG_\]-';JZ_UIO]-';, !]-.;C
6
Fund Raising , Plannmg , Public Relations
Cit;y of Boynton Beach Recreation & Parks Dt;partment
Proposal
Canwaigp Feasibilit;y Study
$ 4,000
$ 2,500
Week #4
Delivery of Final Report
nlE W_HERS PELTON ORG_\NIL\TIOr-:, Ir-:c.
7
Fund Raising , Planning . Public Relations
City of Bovnton Beach Recreation & Parks Department
Campaign Feasibility Study
l'soposal
STATEMENT OF SERVICES
This management agreement will include the following services:
. Services of the Managing Consultant, Charlotte Pelton, and Senior
development and administrative support personnel.
. Discussions of the Master Plan and Feasibility Study format with BBRPD
staff and key leaders.
. Gathering of all materials needed to develop a strategic approach to the
Feasibility Study process.
. Orientation with BBRPD representatives, other city officials and community
leaders to review the study plan and identify prospective interviewees.
. Preparation of the Case for Support to be used as the basis for interviews
and questionnaire survey responses.
. Management of a series of approximately 40 interviews with selected study
participants. It is understood and agreed BBRPD staff members will arrange
these interviews.
. Preparation and submission of the study questionnaire to approximately 250
additional study participants.
. Preparation of a detailed report of all findings related to the study process
and the recommendations resulting from those findings.
THE W_\TERS PELTON ORG_\NIZ_\110N, INC.
8
FW1J Rai~ing . Planning . PubLc Relation~
City of Boynton Beach Recreation & Parks Department
Proposal
Campaign Feasibility Study
APPROVAL
The acceptance of conditions stated in this agreement and the approval by both
parties is hereby given as evidenced by the signatures hereto:
mE WATERS PELTON ORGANIZATION. INe.
6-07-06
Date
Approved this
day of
, 2006.
CITY OF BOYNTON BEACH
RECREATION AND PARKS DEPARTMENT
Print Name / Position
Print Name / Position
THE W.HERS PELTON ORG.\NIZ.HION, INC
9
Fund Raising . Planning . Public Relations
(:ity of Boynton Beach Recreation & Parks Department.
Campaign Feasibility Study
Proposal
The WPO Team
WPO provides setvlces to its clients on a Project Team basis, utilizing team members'
experience and expertise as required to best serve the client's particular needs. Resumes are
provided for each organization's principals as well as the additional team members to be
assigned to this project.
About The Waters Pelton Organization
The Waters Pelton Organization, Inc. (WPO) is a national fund raising, planning and public
relations firm providing specialized services to a variety of non-profit organizations across
the country. The firm is involved with various organizations in arts and culture, social
services, environment, faith-based services, education, government and healthcare. Since its
inception, the firm has provided consulting services to organizations in over 350 cities across
the country.
WPO has the experience and professional staff to provide a number of specialized services
aimed at enhancing the effectiveness of each client organization. The quality of our service
is exemplified by the wealth of experience and expertise of our principals, associates and
staff. Each member of our team is motivated to provide the highest quality service and to
help further enhance the firm's reputation as the right choice to handle planning, fund
raising and public relations needs.
Services include Fund Raising Counsel, Capital Campaign Management, Strategic Planning
Studies, Development Assessment Studies, Campaign Feasibility Studies, Database Analysis/
Donor Audits, Public Relations, and Management Consulting. The partners and associates
of the firm have been responsible for raising in excess of $1.8 billion for various charitable
enterprises through their collective efforts.
Headquartered in West Palm Beach, Florida, WPO encompasses four additional regional
offices located in Chattanooga, Dallas/Fort Worth, Sacramento and Tampa.
J. Keith Waters
Chairman & CEO
The founding member of the firm, Mr. Waters is responsible for direction of all operations
for the company, which encompasses associates and support personnel in locations
throughout the country.
Mr. Waters received a BA degree in Communications from the University of Kentucky and
holds numerous certifications in fund raising, planned giving and management.
THE W.\TERS PELTO]\; ORG.\]\;IZ.\TIO]\;, !]\;C.
10
Fund Raising . PLuming , Public Relations
City of Boynton Beach Recreation & Parks Department
Proposal
Campaign Feasibility Stud)'
He is a member of the Association of Fundraising Professionals (AFP), the Business
Development Board and the Palm Beach County Cultural Council. He has also served as
the Chief Executive Officer of the Palm Beach International Film Festival, and on the
boards of several prominent organizations including The Salvation Army, Palm Beach Zoo
and National Association of Religious Broadcasting.
Mr. Waters has personally worked with organizations in over 200 cities across the country,
providing special management counsel to such prestigious organizations as The Salvation
Army, Boys & Girls Clubs of America, YMCA, Hospice, United Way, and other cultural,
environmental, education and human services organizations. In addition, Mr. Waters is a
frequent guest lecturer across the country specializing in campaign strategic
planning/management, leadership development and organizational management.
Charlotte Pelton
President
As a principal of the firm, Ms. Pelton is responsible for all marketing and research activities.
She also manages a variety of the finn's projects in the education, cultural, social service and
environmental arenas.
Ms. Pelton has over twenty years of experience in strategic planning, marketing and business
development with several Fortune 100 companies including Holiday Inns, Inc. and FPL. She
also served as Chief Operating Officer and Director of Marketing Services for the Palm
Beach County Cultural Council and worked extensively within the corporate and cultural
circles of the South Florida region.
She earned a BS in Business Administration from the University of Southern Mississippi and
completed postgraduate work at Memphis State University.
Ms. Pelton is a member of the Association of Fundraising Professionals (AFP), and
Executive Women of the Palm Beaches (EWPB), where she serves as a member of the
Board of Directors and as Chair of Executive Women Outreach, Inc., the charitable
foundation of EWPB. She also serves on the boards of the Suncoast High School
Foundation where she was the founding Chair and the West Palm Beach Library
Foundation, as well as on the advisory boards of the Arthur R. Marshall Foundation and
Pu:ra Vida Missions, Inc. In addition, she volunteers for the American Heart Association
and the American Cancer Society. Past board service has included Florida Stage and the
Palm Beach International Film Festival, and as Arts Committee Chair for the Memphis in
May International Festival.
'fiIE W~nERS PELTOI' ORG~-u',aZ~nl01', II'c.
11
Fund Raising , Planning , Public Relations
City of Boynton Beach Recreation & Parks Department
Campaig:n Feaslbilit), Study
proposal
References
Ms. Judy Mitchell
Chief Executive Officer
Kravis Center for the Performing Arts
West Palm Beach, FL
(561) 651-4209
Mr. Scott Badesch
Executive Director
United Way of Palm Beach County
Boynton Beach, FL
(561) 375-6600
Ms. Mary Riedel
Community Affairs Manager
Sun Sentinel Company
200 East Las alas Boulevard
Ft. Lauderdale, FL 33301
(954) 356-4340
Ms. Suzette Wexner
President
Palm Healthcare Foundation
West Palm Beach, FL
(561) 833-6333
THE W_HERS PELTON ORG_\NIL\TION, INC.
12
Fund Raising . Planning . Public Relattons
"1._CONSEN" I\GENU~
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Requested City Commission Date final form Must be Turned Requested City commission Date final form Must be Turned
~ ~ ~ ~~~
0 August \,2006 Ju\y \7,2006 (1'Ioon.) 0 october 3, 2006 september \S, 2006 (1'Ioon)
0 August \ 5,2006 Ju\Y 3 \,2006 (1'Ioon) 0 october \7,2006 october 2, 2006 (Noon)
0 september 6, 2006 August \4,2006 (1'IoOn) 0 November S, 2006 october \6, 2[)06 (NOon)
0 September \9,2006 September 5,2006 (1'Ioon) 0 November 2 \,2006 November 6 2006 (1'IoOn)
crr" OF BO"N'fON BEi\Cll
i\GENDi\ I'fENl REQ\JES'f FORM
C) --\
-,-~\-<
0 AnnouncementslPresentations 0 City Manager's Rel'ort (
NATURE OF 0 Administrative 0 NeW Business
AGENDA rrEM 0 Consent Agenda 0 Legal -~
0 code Compliance & Lega\ settlements 0 Unfinished Business -v
0 0 ~
public Hearing '-;'?
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RECOMMEND A T10N:
MoUoO '0 approve 'ulI release 0' ,.re'Y 'or ,be pro;ed knowu as cao,erburY (Lots 86-89 - Quau'u" park) lu'be
a..ouo' 0,$466,853.20, aod re'u'" 'be per'or..aoee bOod ou..ber 08742543 'ro" ,be Fldel'ty aod Deposll Co..pauy
0' MarY'aud 10 'bls a"ouu"o tbe pro;ed developer, WestbroOke lIo....
EXPLANA T10N:
'fbe Cao,erburY pro;ed es'ab\lSbed a per'or....ee bood wllb ,be C,ty '0 guarautee ,be ,os'allaliOu aud saUs'adorY
operaliou 0' ,be water aod ,.wer sys'e"s ,.rv,og ,be pro;ee'. "," 0' 'bese uUIllles bave beeu los'alled aod ..ve
operaled as <<peded tbrougboU"be ooe-year warrao'Y pcrlod. The surety ..ay 'bcre'ore be re'uroed to lbe
developer.
PROGRAM lMP ACT: None
F1SCAL lMP ACT: None
UTILlTIES
Del'artment Name
XC ~cr Mazzella (w!coPY o'all"b"cnts)
Chris Roschek "
Mary Munro, finance Del't.
City Attorney
Fi\e
S ',BU\ If lI'l\FOR MS,^GENO A nlM REQUfST fORM DOC
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CITy OF lJOl'NTON RlEAClI
AGENDA ITE1\;J R/i:QlJEST FORl\;J
o
R.equested City COl1Jl11.ission
~
April 6, 2004
Date Final FOTl1J MUst be lUIned
~
March l5, 2004 (Noon.)
R.eqUeSted City Corh_, .
-'~"lSS10n
~
o June 1, 2004
t8J June 15, 2004
o JUly 6, 2004
o JUly 20. 2004
Date Final FOTl1J Must be lUl1Jed
~
May l7, 2004 Ovoon)
o April 20, 2004
o May 4, 2004
A.Pri15, 2004 (Noon)
o May 18, 2004
A.Pril 19, 2004 (NOOn)
May 3, 2004 (Noon)
May 31,2004 Ovoon)
lVA. TlJR.F; OF
A.GElVDA.ITEAt
o
o
o
t8J
o
Administrative
Announcement
City Manager's RepOrt
Consent Agenda
COde 'O"'P1i_elLega/ SettJe"",n~
June 14,2004 (NOOn)
JUly 5, 2004 (Noon)
lUECO~lVDA.TIOlV'
MOlio. '0 oeeep, Pertor';'..ee 1Io.d
Ilo",,,, h1 "'e 0"'0",,, of $46(; 85J 20 :0. 08742543 fro", FIdelity ..d DeP08;, c
""Pro.e"",.", for tile prOjec, k.o;"" S ~""ety for "'e saliSfOoto,." eOlOp1elio. a o:;'Pa.y of MaryJa.d a.d "'estbrooke
' .. a.'erblUy at Qoa.,o", l7;nag II perforl11.allce of the Water ahd
Xl'L""'.....,.,01\T, e. . ....ee
~e d"clopee of tJds Projee, h.. e1ec,
""POd"e "'e prOWd;"g of ""ee ..d ::::::::~';:;,e:: :; ;;:r.:~ahle "a'ee aDd SOttJ'a,." ....ee ,,,,pro..,,,..,,, So ..
)Gl4M IMp A.CT: NOlle
:"A.L lA1.PA.CT: lVOlle
:R1VA.TJl.rES: lVOlle
o
o
o
o
o
Legal
New BUSiness
Presentation
PUblic Hearing
Unfini.shed BUSiness
UTILITIES
Department Nal1J.e
City Manager's Signat!lre
'So"."""" (W1copy of ''"'Chmen,,)
tra COnbo;' ,:'
Munro, Finance Dept. (W/origin J
a performance bond)
City Attol11ey / Finance /1[,,- D
.....lan '\..esOllrces
:1J1.GENDA ITEM. REQU"'STF
<; -ORM,DOC
\
PERFORMANCE BOND
Bond No. 08742543
Premium: $3,735.00 (Two Years)
KNOW All MEN BY THESE PRESENTs:
That we, ~ Homes a FloIida GeneIaJ Partnership, hereinafter called
PRINCIPAL, and Fidelity and 0._ CMIpany of Maryland, a Surely company authorized to
do business in the State of Florida, heminafter ref-to as SUReTy. are held 8IId finnty bound
unto lhe CiIy 01 Boynton Beach, a poIi1ica1 subdivision of the state of FIQrida, hereinafter caned
CITY, the lull and just SUm of Four HundlJld Sixty Six Thousand Eight HundJed Fifty Three
8I1d 201100 U.S. DellalS 1$46a.llS3.2o) lawful money of the IJniled SIaIes of America,lo be paid
to the City of Soy"'on Beach, 10 which pa_ Win 8/ld truly be m_, we bind 0UISeIves,. Our
heils, OJrecutDlS, adminislratono, SUCcesso,s and assigns, joinfIy and severaly. finnIy by these
presents:
WHEREAS, the - bound PRINCIPAl has _ approval from the CtTY fur the
recording of a COfIain SUbdivtslcm plat "- as Canlemwy at Quamum IIi/Iage and SUCh
IllCOlding is Prior 10 comJl/Otion of construclion or the Required """"""'" as -bed by
lhe SubdMsion, PlattIng 8/ld Reciufn.l '''''''''''''"'' Regulations, Chaplets 2.5, 5 and 6
I'OSpedjyefy or the land Deve/opnent Regulations of the City of Boynton Beach, hereioafter the
REGULA TIONS, pertaining to said subdMsion;
WHEREAs, PRINCIPAL has been issued that cortaln im__ 01 Water
Distribution and SanIIaIy Sewer """'-ments ICGA Project No. 02-_) hereinatter the
PERMIT. fur CDnslruction of said Required ~, a COpy of which is atlached hereto 8/ld
by reference made a part hereof; and
IMiEREAS, n is was one of the COnditions of said REGulATIONS end PERMIT that this
bond be executed.
NOW, THEREFoRE, the COndiIons of this DbIigat;on are SUCh that lithe above bound
PRtNCIPAl ShatI in at - C<lIIIf>Iy or cause _IS to COIlIpIy _ the Ienns 8/ld -os
of said PERMIT Wflhjn the time _, and shaH in evesy _ IuIfiIf their DbIfgdon
thereunder 8/ld under the plans Ihenrin releJred 10, Ihen this obtitIation Is to be VOid; otheIWise n
shall remain in full force and effect.
The PRtNCIPAl8/ld CITY _that the City Enotneer may, in writing, __ the initial
amount stated above in accoRtance With the requirements of said REGULATIONS.
The SUReTy UNCoNDfllONALL Y CONIIENANTs AND AGREEs that II the
PRINCIPAlIaiIs to petfonn all or any part of the construction _ required by said PERMIT and
REGULATIONS within the lime -, the SURETY, _n thirty (30) days -... notice from
the CITY or its aulhorized &gent or Dllicer, . or the -u/I, to the PRINCIPAl or its authorized
- Dr Dllicer, Will ~ perfonn 8IId CDmpIete the 8fofesaid CDnstruction _ 8IId pay the
cost therew, including, but not limiIed to, engineering, legal, 8/ld contingent costs, Iogether_
any damagas either direct or COOSequenf;af. Should the SlJRETY fail or ""use to petfann and
complete the said imJlrovements, CITY, in view of the public inlefest. heaJth, safely and we""",
IadDlS involved and the IndUCOmeet in "->g.8/ld IiIing the said p/at, shall have the right to
resort 10 any and alIlega/ remedies _ the PRINCIPAl and/or SURETY, or both at Jaw and
in equily Including SJlO<:ificaIIy the $JJecific petfonnance, 10 which the PRINCIPAL and SlJRETY
unCOnditionally agree.
The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE lhallhe
CITY. ails option. shall have the right 10 cons\fUCI or. pulSuanllo public advel1isement and
receipt of bids. cause 10 be construcled the aforesaid improvements in case Ihe PRINCIPAL shall
fall or refuse to do so in accoroance with the termS of said PERMIT. In lhe evenl CITY should
exerciSe and give effec\ 10 such right. the PRINCiPAL and SURETY shall be jointly and _By
liable hereunder 10 reimbUrse the CITY the lotal cost thereof. including bUI not llmiled 10.
engineerino. 1elJlII. and contingent cosIS. logether with any _. either direclor
consequential. which may be sustatned on account of the failure of the PRINCIPAL 10 cany out
and execute an lheobllgalions for construction of Required Improvements pUlSuant 10 lhe
REGULATIONS and PERMIT.
IN WITNESS 1IIiHEREOF. lhe PRINCIPAL has executed \heS8 presents Ihis 17'" daY of
May, 2004.
(CORPORATE SEAL)
Am~~~~
CiJ\1.J9tf\- fi8:DMW
Type N~me, a~~,l~~ J
CONTIU{.!..t:-IY ~rU::::.---fL
(Impressionable corporate seal)
Westbrooke Homes, a Florida General Partnership
By: Westbrooke companies, Inc., a Delaware
co~~on A.
By:/~~
S1lTE OF California
}~
C(JJNTY OF Orange
0,., May 17th. 2004
. before me, Esther A. Stepien. Notary Public
P/tSONALLY APPEARED Christine Maestas
peJl()nally known to me (or proved to me on the hatis of SlJ/isfactory
evilence) to be the person(.t) whose name(s) islare mhscribed to the
witJin instrument and acknowledged to me that helshe/they ext!C1ttet!
tIu!~ in. hWlrerldzeir authorized capacity(ies), and !hot by hi"'ltheir
.sigrature(s) on the mstrltment the person(s), 01' tlte entity upon behnlf
~fJhich the per.wn(s) acted, executed the uJ.wrument
Siglatun~
f};iN)\) ~. ~11
-..-~.-.-..-.-__...........-.~
ESTHER A STEPIEN
~. Commission #1361368 z
~. Notary PUblic. - Canromia !
Z Orange County f
j _ _ _ ~~rn....~~~1~~
WITNESS my hand arul official seaL
Thi:t area for 0fficiaJ. NOlarial Seal
OPTIONAL
ThQJgh the data below Is not required by Jaw, it may prove valuable to persons relying on the document and could
pr$ent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAl
o CORPORATE OFACER
llTlEt$l
Bond Number 08742543
TITlE OF lYPE OF DOCUMENT
o PARTNER{S)
o LIMITED
o GENERAL
DV ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDlANlCONSERVATOR
o OTHER:_
Two
NUMBER OF PAGES
May 17th. 2004
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PER~S) Oi'l ENm'Y!IES)
~~~~sit Com~_'!lE!Maryfand
10-1232 (REV. 5/01)
ALL-PURPOSE ACKNOWLEDGEMENT
Westbrooke Homes, a Florida general partnership
illGNERffl} OTHER THAN NAMED ABOVE---
power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereo~ d~s ~ . nate, constitute and
appoint Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS a. ~ 1\. of Irvine, California,
EACH its true and lawful agent and Attorney-in-Fact, to mak ~ \ e'v, r.. \ ~ . behalf as surety, and
as its act and deed: any and all bonds and under .; ~. cu~' r undertakings in pursuance of
these presents, shall be as bindi~ng upon ~~~I al ,.f'd.~}. r~ents and purposes, as if they had been
duly executed. and ac1m@iwled ~ ~y el~. ,M:J ompany at its office in Baltimore, Md., in their
own properpersons~ er If~L~\\!i e on behalf of Paul A. BLAND, Dana L. DOWERS, Christine
MAEST AS, Kathe~ A ~~if.{O'iA, dated July 17,2003,
The said Assistant ~~~e~ certify that the extract set forth on the reverse side hereof is a uue copy of Article VI,
Section 2, of the By-~Ms'aid Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of January,
A.D. 2004.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
v:y J~
By:
Assistant Secretary Paul C. Rogers
~~
Vice President
T. E. Smith
State of Maryland }SS'
City of Baltimore .
On this 22nd day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
s;S/pJ
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
~
ZURICH
TIDS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We ar-e making the following informational disclosures in compliance with The :rerrorism Risk Insurance Act of
2002. No action is required on your part. .
Disclosure of Terrorism Premium
. .
The premium charge for risk ofloss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived. This amount is refl~ed in the total premium for this bond.
Disclosure ofAvaiJabilitv of Cove~e for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism
Disclosure of Federal Share of Insnrance COnlDBDV'S TelTOrism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an: annual aggregate deductIble. For 2002, the insurance company deductible is 1 % of
direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of
-ect earned premium in the prior year; and for 2005. 15% of direct earned premiUm in the prior year. The federal
...are of an insurance company's losseS above its deductIble is 90%. In the event the United States..gov~ent
participates in losses, the United States goverr:ifuentmay direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does. not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in anyone calendar year. .
Defmition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretaryof1he
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism.; .
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of~e United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign. person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States. Government by coercion
B~ no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (~cept for workers ' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000. . . .
r- 'se disclosures are informational only and do not modify your bond or affect your rights nnder the bond.
Copyright Zurich American Insurance Company 2003
Zurich Terrorism Disclosure Notice
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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
[gJ August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$500 each from Commissioners Ensler, McCray, Vice Mayor McKoy and
Mayor Taylor's Community Investment Fund for the Great Boynton Beach School Supply Drive.
EXPLANATION: Commission approval is requested for alIocation of$500 from each Commissioners fund to the Great
Boynton Beach School Supply Drive for the colIection of school supplies that wilI be given to schools in Boynton Beach. The
schools will determine how the supplies will be distributed to the children
PROGRAM IMPACT: AlIocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to alIocate
subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Name
Department Head's Signature
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 25,2006
Requested by Mayor/Commissioner: Commissioner Ensler
Amount Requested: $500
RecipientJPayee: Great Boynton Beach School Supply Drive
Description of project, program, or activity to be funded: Collection of school supplies that
will be given to schools. The school will determine how they will be distributed to the
children.
Dated: 1-015- t:1?
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. $6,000 has been used to date by the requesting Member, leaving a
balance of available funds of 4,000. This request would bring the available amount down to
$3,500.
Accordingly:
X There are funds available as requeste
o There are insufficient funds available a
Dated: 7 b.S'/o~ By:
/ I
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: 7 /!5f~
By: Jr~~
S:\City MgMdministration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 28,2006
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $500
Recipient/Payee: Great Boynton Beach School Supply Drive
Description of project, program, or activity to be funded: Collection of school supplies that
will be given to schools. The school will determine how they will be distributed to the
children.
Dated: 1-c2 ~-,(;~
By: r!L-- /;1 ~~
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. $7,000 has been used to date by the requesting Member, leaving a
balance of available funds of $3,000. This request would bring the available amount down to
$2,500.
Accordingly:
)i.. There are funds available as requested
o There are insufficient funds available a
Dated:
1 ~g IbCo
I
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.
Dated:
By: rrf~!h~
anager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 28,2006
Requested by Mayor/Commissioner: Vice Mayor McKoy
Amount Requested: $500
RecipientlPayee: Great Boynton Beach School Supply Drive
Description of project, program, or activity to be funded: Collection of school supplies that
will be given to schools. The school will determine how they will be distributed to the
children.
Dated: 1~2 f( - GJ ~
By:rr/~-&
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
$6,000.
Accordingly:
X There are funds available as requeste
o There are insufficient funds available a
Dated: 1 fR/ 0 "
Finance D rector
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.
Dated:
By~J im4
ty Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 28, 2006
Requested by Mayor/Commissioner: Commissioner McCray
Amount Requested: $500
Recipient/Payee: Great Boynton Beach School Supply Drive
Description of project, program, or activity to be funded: Collection of school supplies that
will be given to schools. The school will determine how they will be distributed to the
children.
Dated: 7-,~ f{ - C ~
By:lr~t"..J~
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. $5,500 has been used to date by the requesting Member, leaving a
balance of available funds of $4,500. This request would bring the available amount down to
$4,000.
Accordingly:
)( There are funds available as requeste
o There are insufficient funds available as
Dated:----1.f5t 10(.
I
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.
Dated:
By: U!{!/<<!jb~
Ci Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
City Conducts School Supply Drive
Dist. /I Commissioner Heads Up Annual Project
The City of Boynton Beach is again collecting supplies for children in the
city's schools. The "Great Boynton Beach School Supply Drive" will run
through the first day of school, Wednesday, August 16, 2006. Supplies
include pencils, pens, crayons, notebooks, notebook paper, backpacks,
calculators, lunch boxes, scissors, rulers and glue sticks. All supplies should
be new; no used items please. Drop off points include Boynton Beach City
Hall, 100 E. Boynton Beach Blvd.; Boynton Beach Public library, 208 S.
Se9crest Blvd.; City Hall in the Mall, Boynton Beach Mall, 801 N. Congress
.. . ext to Macy's; and the Ezell Hester, Jr. Community Center, 1901 N.
t Blvd.
ommissioner Mack McCray, who has continued the City's
f the school supply drive, reiterated this year, "Today's students
ture leaders, and it is imperative that we provide them with the
y need to assist them in their education. This includes basic
s, which will enable our young people to better focus on the learning
ess."
The supplies will be given to the schools, which will determine how they will
be distributed to the children. The City will not give the supplies directly to
the students.
For more information, call (561) 742-6025.
###
.....................
..... ...... ... lOJIIIon .11tJICII. ·
Great..oIIUPpIy DriY8
Now through August 16, 2006
Pencils, Pens, Crayons, Notebooks, Notebook
Paper, Backpacks, Calculators, Lunch Boxes,
Scissors, Rulers, Glue sticks
AU supplies should be new .. no used items
Drop Off Points
City Half
Boynton Beach Ubrary
City Hall in the Mall
Ezell Heste~ Jr. Community Center
7/25/2006
Page 2 of2
Requested City Commission
Meeting Dates
[gj August I, 2006
o August 15, 2006
o September 6, 2006
o September 19,2006
NATURE OF
AGENDA ITEM
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~H
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
July 17,2006 (Noon.) 0 October 3, 2006
July31,2006 (Noon) 0 October 17. 2006
August 14,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 2] , 2006
September 18,2006 (Noon)
October 2, 2006 (Noon)
..'-' :~
',')-!
October 16,2006 (NoonL_
i--'<
November 6, 2006 (N~!.Il.
~~~D
-_.J.
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
[gj Public Hearing
o City Manager's Report
o New Business
[gj Legal
o UnfInished Business
o
-:::::J
f:?
---, ;--;~
--{'f]
~
-
c;
RECOMMENDATION: Please place this request to adopt the updated Federal Highway Corridor Community
Redevelopment Plan on the August 1,2006, City Commission Agenda under Public Hearing and First Reading. The CRA
Board on July 11,2006 recommended that the subject request be approved excluding the last section related to revenue
projections.
EXPLANATION: The Plan update is the result of joint CRA/City workshops where consensus was achieved on specifIc
direction on redevelopment such as extension of the southern boundary for planning area IV south, to include properties on
the south side of Woolbright Road. Also influencing the proposed changes are the related amendments to the Comprehensive
Plan and zoning regulations approved since the Plan was originally adopted in 200 I. The related amendments include the
following: 1) Establishment of the Mixed Use-Core (MXC) land use classifIcation; 2) Establishment ofthe Infill Planned Unit
Development (IPUD) district under the Special High Density Residential (SHDR) land use classifIcation for Study Areas I
and V; 3) The designation of the downtown as an Urban Central Business District which allows for an increase in the
threshold for Developments of Regional Impact (DRI); ind 4) The designation of a Transportation Concurrency Exception
Area (TCEA) for portions of the CRA.
In part, specifIc recommended changes include: 1) support for presentation of historic structures, either as their intended uses
or adaptively reused; 2) expanding the emphasis on preservation of existing single-family neighborhoods east of Federal
Highway; 3) provisions for gas stations and auto repair facilities in all planning areas except Area III, subject to established
locational and design criteria; and 4) as indicated above, the adjustment of a planning area boundary allow for Mixed Use
developments on all comers of the Woolbright Road - Federal Highway intersection.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo ent De artment Dire tor
Pl~g ~ z~L C;ty Attorney I Fin",,,
S:\Planning\SHAREDlWP\PROJECTS\Federal Highway Corridor Redevelopment Plan FoJder\Agcnda Item Request Fed Highway Corridor Rcdev. 8-1-
06.dot
S:\BULLfTlN\FORMS\AGENDA IHM REQUEST FORM DOC
FEDERAL HIGHWAY CORRIDOR
COMMUNITY REDEVELOPMENT PLAN
UPDATE
Prepared for:
The City of Boynton Beach
Community Redevelopment Agency
July 1, 2006
FEDERAL HIGHWAY CORRIDOR
NEIGHBORHHOD REDEVELOPMENT PLAN UPDATE
Table of Contents
Section I - Introduction. ............. ................. ......... .................... .... ......... ....... ..... ... ..... ..........1
Section II - Implementation Measures Undertaken.............................................................8
Section III - Community Redevelopment Agency............................................................l1
Section IV - Analysis of Existing Conditions ...................................................................13
Overview...... ........ ............... ............ ..... ... ... ....... .... ........... ........... ..................... ......13
Planning Area I ..... ....... .................. ...... .... .................... ....... ........ ..... ..... ......... ....... .26
Planning Area II. ... ....... .... ...... ................... ........ ... .... ....... ...... ... .... ...................... ....3 7
Planning Area III.. ........... ....... ...... ..... ........ ............. ............ ... ........ ....... ...... ........... .45
Planning Area IV................. ..................... ........ ......... ......... ............ ..... ..... .......... ...57
Planning Area V............ ........ ............... ...... ........... .... .......... ................ ... ..... ...... .....66
Section V - Market Analysis ............... ........ ... .... .......... .................. ....... ............ .... ...... ......76
Section VI - Issues and Opportunities, Redevelopment Strategies ...................................88
Section VII - Redevelopment Programs and Projects.......................................................95
Section VIII - Neighborhood Impacts of Redevelopment Activities..............................106
Section IX - Goals, Objectives and Policies ...................................................................1 08
Appendix ..... .............. .... ................... ... ........ ........ ............... ............... ..... .... .................... ..112
Maps
Map 1.1 - Planning Areas............... ................ .............. ...... ......................... ........................7
Map 2.1 - TCEA and Urban CBD .....................................................................................10
Map 4.1 - Planning Areas................................................................................................ ..15
Map 4.2 - Roadway Network...... ....... ............ .... ...... ....... .... ....... ....... ....... ... ..... ...... ........ ...22
Map 4.3 - Water Lines......... ....... .... ..... ....... ...... .............. ...... ...... ...... ....... .... .... ............. .....23
Map 4.4 - Sewer Lines ... .......... ........ ...... .... ....... ..... ......... .......... ...... ..... ........... ....... ...........24
Map 4.5 - Parks .. ........... ......... ..... .... ..... .......... ....... ...... .... ...... ......... ...... ... ....... ............ .......25
Map 4.6 - Planning Area 1 Location..................................................................................27
Map 4.7 - Planning Area I Land Use ................................................................................28
Map 4.8 - Planning Area I Zoning.....................................................................................29
Map 4.9 - Planning Area I Redevelopment Projects ........ ....... .................... ......... .......... ...36
Map 4.10 - Planning Area II Location ..... ............ ... ............ ...................... ...... ............... ...38
Map 4.11 - Planning Area II Land Use .............................................................................39
Map 4.12 - Planning Area II Zoning........................................... .......................................40
Map 4.13 - Planning Area III Location .............................................................................46
Map 4.14 - Planning Area III Land Use............................................................................47
Map 4.15 - Planning Area III Zoning ................................................................................48
Map 4.16 - Planning Area III Redevelopment Projects ....................................................56
Map 4.6 - Planning Area IV Location............................................................................. ..58
Map 4.7 - Planning Area IV Land Use..............................................................................59
Map 4.8 - Planning Area IV Zoning ..................................................................................60
Map 4.9 - Planning Area IV Redevelopment Projects ......................................................65
Map 4.6 _ Planning Area V Location ................................................................................67
Map 4.7 - Planning Area V Land Use ............. ................ ................. ....... ........... ........... ....68
Map 4.8 - Planning Area V Zoning ...................................................................................69
Map 4.9 - Planning Area V Redevelopment Projects .......................................................75
Map 7.1 - Proposed Zoning.. ............... ..... ............................ ........ ......... ............... ...........1 03
II
Tables
Table 4.1 - Existing Corridor Land Use Designations ......................................................16
Table 4.2 - Existing Corridor Zoning Districts .................................................................17
Table 4.3 - Peak 2005 Traffic Counts ...............................................................................20
Table 4.4 - Area I Existing Zoning Districts.....................................................................32
Table 4.5 - Area I Existing Land Use Designations..........................................................33
Table 4.6 - Area II Existing Zoning Districts....................................................................42
Table 4.7 - Area II Existing Land Use Designations ........................................................43
Table 4.8 - Area III Existing Zoning Districts ..................................................................50
Table 4.9 - Area III Existing Land Use Designations .......................................................51
Table 4.10 - Area IV Existing Zoning Districts ................................................................62
Table 4.9 - Area IV Existing Land Use Designations.......................................................63
Table 4.8 - Area V Existing Zoning Districts ...................................................................71
Table 4.9 - Area V Existing Land Use Designations ........................................................72
Table 5.1 - Comparison of Hotels and Hotel Units...........................................................78
Table 5.2 - Retail and Office Supply and Demand in the
Reduced Region Market, 2015 ....... ........... ....... ........................ ....................84
Table 5.3 - Retail and Office Supply and Demand in the
Expanded Regional Market, 2015. ...... .... ........................ ..... ... ...... ................85
Table 8.1 - School Capacity and Enrollment, 2005-2010/2011......................................106
iii
SECTION I
INTRODUCTION
The Federal Highway Corridor Community Redevelopment Plan was adopted by
the City of Boynton Beach on May 15, 2001. In the intervening five years, the City and
the Community Redevelopment Agency have taken a number of steps toward
implementation of the plan. Both have realized that an updating of the plan is warranted
to recognize the achievements to date, and to ensure that future implementation measures
produce the results envisioned in the original plan.
Redevelopment efforts in the City of Boynton Beach commenced in August 1981
when the City established the Boynton Beach Community Redevelopment Agency
(CRA) in accordance with Chapter 163, Part 3, F.S. On May 4, 1982, the City of
Boynton Beach declared a portion of the downtown area to be suffering from slum and
blighted conditions, as evidenced in Resolution 82-KK, and established a Community
Redevelopment Area (also referred to as CRA) that initially contained 180 acres. The
original boundary of the CRA included a core portion of the Federal Highway corridor
from the Boynton Canal on the north to SE 6th Avenue on the south.
In April of 1983, pursuant to its finding of necessity, the City commenced
preparation of the Boynton Beach Community Redevelopment Plan comprising a
redevelopment program pursuant to the Community Redevelopment Act of 1969 as
amended from time to time. The plan was subsequently adopted on August 21, 1984.
The Redevelopment Plan examined the current conditions at that time, the market
opportunities, and made some key recommendations for redevelopment that focused on
the downtown area, which centered on Boynton Beach Boulevard and Federal Highway.
Broadly, the plan recommended the creation of a unique identity for downtown
that should be pedestrian friendly, marine focused and oriented toward the water. To
achieve this broad goal, the plan made three key recommendations. First, the plan
recommended construction of a mixed use development consisting of a public waterfront
park, specialty retail and residential uses. Next, the plan recommended construction of a
hotel with convention space in order to recapture the City's share of the tourism industry.
The third broad recommendation was the creation of a marina and marine related uses
east of Federal Highway along the Intracoastal Waterway (JCW).
At the time that the original Community Redevelopment Plan was prepared and
those recommendations were made, the Florida Department of Transportation (DOT) was
planning roadway improvements in the area. The DOT had previously made
improvements to Boynton Beach Boulevard. The next phase of planned work was to
construct a bridge at Boynton Beach Boulevard that spanned the JCW, and then remove
the existing bridge at Ocean A venue. The redevelopment plan contained
recommendations that were based upon the DOT roadway work being completed. The
plan was specific in stating that the success of the recommended redevelopment concepts
would hinge upon the construction of the Boynton Beach Boulevard bridge, and removal
of the Ocean Avenue bridge to the south. The planned bridge, however, was never
constructed because of neighborhood preservation issues raised by residents, and the
Ocean Avenue bridge continues to provide access to the east in this immediate area.
The Boynton Beach Community Redevelopment Agency subsequently expanded
the boundary of the original CRA. The expanded area included an additional 518.76
acres of land lying west of the Florida East Coast Railroad to Interstate 95, between the
2
Boynton Canal on the north and Ocean Avenue on the south. The redevelopment plan
text was updated to provide recommendations for the expanded area, which included
focusing on Boynton Beach Boulevard as a gateway to Boynton Beach and preservation
of the residential character of the expanded CRA area, which was composed mainly of
residential land uses.
In September 1996, the City of Boynton Beach conducted a citywide visioning
seSSIOn. More than 100 community representatives participated in the American
Assembly Process, which resulted in a policy statement that addressed seven key issues
of concern. Among these were commercial revitalization and economic development.
The City utilized this policy statement to commence the process of specific planning
efforts for the redevelopment of downtown and the marina areas, as well as for major
roadway corridors. These efforts resulted in the Boynton Beach 20/20 Redevelopment
Master Plan (20/20 Plan) that was completed in September 1998. The 20/20 Plan
addressed the seven key issues identified during the American Assembly Process and
restated them in terms of specific goals and objectives. A number of these goals and
objectives will be addressed in part or in whole through the preparation of the Federal
Highway Corridor Community Redevelopment Plan. Generally, these focus on uses and
needed development standards within the Federal Highway Corridor, and are summarized
as follows:
Goal 2: Commercial Revitalization
Objective 2.1 - Expand the CRA boundary to increase financial resources during
redevelopment plan implementation.
3
Objective 2.4 - Prepare overall design standards for the entire length of Federal
Highway within the City.
Goal 3: Downtown Redevelopment
Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle
friendly, and where mixed uses and infill development are encouraged.
Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural
center/marina area district that addresses such issues as mixed uses, signage and
landscaping.
Through the documented conditions of slum and blight contained in the 20/20
Plan, the CRA board evidenced the need to expand the CRA to include those portions of
the Federal Highway Corridor to both the north and south City limits, consistent with
Objective 2.1 of the 20/20 Plan. These are referred to as the North Subarea and the South
Subarea. While the boundaries were expanded, the redevelopment plan text was not
updated to include this additional land area. This plan, therefore, will serve two
purposes. First, it is a redevelopment plan for the Federal Highway Corridor that focuses
on uses and development standards along Federal Highway. Second, it is of sufficient
scope and format to meet the requirements of Chapter 163.362 to allow for the
Community Redevelopment Plan text update for the expanded CRA area.
The boundaries of this expanded area, on which this redevelopment plan IS
focused, are the city limits on the north, the ICW on the east, the municipal boundary on
the south, and the Florida East Coast Railroad and Palm Boulevard on the west. The
entire Federal Highway Corridor area now contains approximately 1,094.98 acres. The
legal description for the North and South Subareas is contained in the Appendix. Map
4
1.1, which is contained on page 6, depicts the boundaries of the Federal Highway
Corridor, including the North and South Subareas of the CRA that were added.
The boundaries of the expanded Community Redevelopment Area were drawn to
take into account the need for physical redevelopment as well as the need to protect
neighborhood areas from the presence of blighting influences. Properties located within
the redevelopment area that are not presently in need of redevelopment assistance, are
threatened by the nearby presence of blighting conditions and, therefore, are included to
preserve their long term viability. As a general standard, the boundary of a proposed
redevelopment area includes areas which clearly meet the slum or blight criteria, as well
as areas that may not be considered individually, but which are otherwise necessary to
achieve the objective of eliminating blight and preventing its spread. Additionally, some
physically sound areas were included in the expanded redevelopment area based on their
functional relationship to the Federal Highway Corridor and the uses contiguous to it.
5
Federal Highway Corridor
Community Redevelopment Plan
PLANNING AREAS
1.1
. ~l)l L ! I L .; ~ ~1 ~....
11 l ~1/if' '." ,,~~ jEll
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3,500 1,750 0
3,500 Feet
6
SECTION II
IMPLEMENTATION MEASURES UNDERTAKEN
Following adoption of the Federal Highway Corridor Community Redevelopment
Plan on May 15, 2001, both the City and the Community Redevelopment Agency took a
series of steps toward implementation of the plan, which are outlined below.
A new future land use category, Mixed Use-Core (MXC) was added to the
Comprehensive Plan to allow development in the downtown area to increase in density to
a maximum density of 80 dwelling units per acre (du/ac) and a maximum floor area ratio
(FAR) of 4.0. While the plan recommended that no maximum density be set, both
Florida Statute Chapter 163 and the Florida Administrative Code, which set minimum
criteria for local comprehensive plans require the statement of maximum densities and
intensities for all land use categories. Coupled with this Comprehensive Plan
amendment, the City's Zoning Code was amended to establish the Mixed Use-High
Intensity and Mixed Use-Low Intensity zoning districts to be consistent with the newly-
created Mixed Use Core and the existing Mixed Use land use categories.
The Special High Density Residential (SHDR) land use category In the
Comprehensive Plan was redefined to allow its use for redevelopment in Study Areas I
and V, and a companion zoning district, Infill Planned Unit Development (IPUD) was
adopted to encourage assembly of small parcels of land for redevelopment and allows for
residential densities of 20 dulac. The IPUD regulations are similar to the existing PUD
regulations; however, the IPUD regulations are written for development on parcels
ranging from one to five acres, whereas, the PUD regulations have a minimum parcel size
of five acres.
7
In 2003, the Comprehensive Plan was amended to designate a portion of the
downtown as an Urban Central Business District. This designation allows an increase in
the thresholds for Developments of Regional Impact (DRI); thereby, encouraging large-
scale developments by removing the threat of heightened scrutiny and review by both
State and regional agencies.
In 2005, the City and Palm Beach County agreed to the establishment of a
Transportation Concurrency Exception Area (TCEA) for portions of the Community
Redevelopment Area, including the portion of the Federal Highway Corridor Study area
between the Boynton Canal and Woolbright Road. The Comprehensive Plan
amendments, adopted by both the City and Palm Beach County, allow approval of
developments within the TCEA that would otherwise exceed traffic concurrency
requirements. To offset the traffic impacts, the City and the CRA will implement specific
measures to increase opportunities for multi-modal transportation. Map 2.1, found on
page 9, shows the areas covered by the Urban CBD and the TCEA.
Impacts of the implementation measures will be discussed later in this study
update.
8
Federal Highway Corridor
Community Redevelopment Plan
TCEA and Urban CaD
Map 2.1
1, If~~Q:I~, \ ~ ;I~ ~~~T~IJsEA= ! ~~J~-
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9
SECTION III
COMMUNITY REDEVELOPMENT AGENCY
The Community Redevelopment Agency (CRA) of the City of Boynton Beach
was established in May 1982 pursuant to Resolution 82-KK. As authorized by the
Community Redevelopment Act, the City of Boynton Beach has delegated powers to the
Boynton Beach CRA allowed under Florida Statutes that are necessary and convenient to
undertake redevelopment efforts. The powers of the CRA are contained in Section
163.370, Florida Statutes. These include, but are not necessarily limited to, the following
activities:
o Acquire property deemed necessary for community redevelopment, except that
the use of eminent domain shall require specific approval from the City
Commission;
o Hold, improve, clear, or prepare any acquired property for redevelopment;
o Dispose of property acquired within the Community Redevelopment Area for
uses in accordance with the adopted community redevelopment plan;
o Carry out programs of repair and rehabilitation;
o Plan for and assist in the relocation of persons displaced by redevelopment
activities;
o Receive and utilize tax increment revenues to fund redevelopment activities;
o Appropriate such funds and make such expenditures as are necessary to carry out
the purposes of the Community Redevelopment Act of 1969; and
o Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places.
The CRA may undertake any additional action not specifically mentioned above
if such action is necessary to undertake redevelopment efforts, except that the following
IO
powers remain under the control of the Boynton Beach City Commission, pursuant to
Section 163.358, Florida Statutes:
o The power to determine an area to be a slum or blighted area, or combination
thereof; to designate such area as appropriate for community redevelopment; and
to hold any public hearings required with respect thereto;
o The power to grant final approval to community redevelopment plans and
modifications thereof;
o The power to authorize the issuance of revenue bonds as set forth In Section
163.385, Florida Statutes;
o The power to approve the acqUIsItlon, demolition, removal, or disposal of
property as provided in Section 163.370(3), Florida Statutes, and the power to
assume the responsibility to bear loss as provided in Section 163.370(3), Florida
Statutes; and,
o The power to approve the development of community policing innovations.
11
SECTION IV
ANALYSIS OF EXISTING CONDITIONS
Overview
General Description
The Federal Highway Conidor Community Redevelopment Area, including the
North and South Subareas of the CRA, is comprised of approximately 1,095 acres. The
Corridor contains a variety of uses broadly described as including various intensities of
residential and commercial uses; light industrial uses; office uses; recreational areas; and,
several conservation overlay sites. There are also vacant tracts within the area, as well as
instances of non-residential developed parcels that are under utilized or developed but
abandoned; victims of economic difficulties.
The redevelopment area can be divided into smaller planning subareas. These
smaller planning areas are defined by general development characteristics. Map 4.1,
which is shown on page 14, depicts the five small planning areas within the conidor.
Originally, the boundary lines of the planning areas were drawn along geographic
features such as streets or water features. Where no such features existed, boundaries
were extended across properties without regards to lot lines, thus leaving some ambiguity
as to which planning area a property was located. The update has revised boundaries to
follow property lines, where possible to give a greater degree of certainty to the plan.
Area I extends from the C-16 Canal to the north City limits and is coincidental
with the North Subarea of the expanded CRA. Area II lies between the C-16 canal and
just south of a line extended from NE 6th Avenue across Federal Highway to the
Intracoastal Waterway (JCW). Martin Luther King Boulevard is centrally located in this
12
planning area. Area III extends from the southern edge of the second planning area
southward to a line extended from SE 2nd Avenue across Federal Highway to the ICW.
Area III includes both Boynton Beach Boulevard and Ocean Avenue. Area IV extends
from the southern edge of the third planning area south to a line extended from
approximately SW 18th Avenue to the ICW. The south property lines of the two
shopping centers on the south side of Woolbright Road mark the new southern edge of
planning Area IV. The last planning area, Area V, lies between the southern edge of the
fourth planning area and the municipal limits on the south.
Note that while some planning areas share a few similar characteristics,
such as Areas IV and V that coincidently contain multifamily uses on the east side, there
are sufficient differences between the various areas to warrant individualized attention to
each one. Differences include, for example, uses, densities, intensities and proximity to
the core downtown business district. Each of these small planning areas plays an
important role in the redevelopment of the Federal Highway Corridor Community
Redevelopment Area as a whole.
13
Federal Highway Corridor
Community Redevelopment Plan
PLANNING AREAS
Map 4.1
3,500 1.750 0
3,500 Feet
14
Land Use - Land use designations within the entire Federal Highway Corridor are
extremely varied. Detailed discussions of each planning area that follow this overview
each contain an exhibit that depicts the Future Land Use Plan Map designations that exist
within the subject planning area.
The future land use designations information is displayed in Table 4.1, which is
below. As Table 4.1 demonstrates, there are a variety ofland use designations within the
Corridor. While the central portion of the Federal Highway Corridor centered on the
downtown area is largely designated Mixed Use and Mixed Use-Core, the other areas
feature a mix of designations without any apparent order or hierarchy ofland uses.
MX
MX-C
Land Use Designation
Low Density Residential
Moderate Density
Residential
Medium
Residential
High Density Residential
Special High Density
Residential(l)
Mixed Use(l)
Mixed Use-Core(l)
Density 9.68 dulac
Abbreviation
LDR
MoDR
MeDR
HDR
SHDR
10.80 du/ac
20.00 du/ac
OC Offire
LRC Local Retail
GC General Commercial(2)
R Recreational
(I) Portions of this land use category also exists with a conservation overlay designation
(2)Also designated mixed use ifuse and development meet specified requirements
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map",
updated March 2006.
40 dulac-FAR 2.0
80.00 du/ac- FAR
4.0
FAR 0.40
FAR 0.50
FAR 0.50
Signage for commercial uses throughout the Federal Highway Corridor lacks any
continuity or coordination. Sign designs have no unifying theme with regard to
15
architectural details, landscaping, color, size or placement. Additionally, some signs are
in need of maintenance or repair. Overall, commercial signage detracts from the
appearance of the corridor. It was also noted that there are two signs in different places
on the north end of the corridor that purport to mark the municipal boundaries.
Conversely, the city limits on the south end are not clearly marked.
Zoning & Housing Units - Zoning districts and parcels for residential uses are depicted in
the exhibits included in the detailed discussions of the planning areas that follow this
overview. At the time of the original plan, there were an estimated 4,739 residential units
within the redevelopment area. Through March 2006, developments have been approved
which will add 2,949 residential units within the study area. This number includes built
and approved but unbuilt units. Table 4.2, below, presents the zoning districts identified
in the area.
Abbreviation
RIA
RIAA
R1
R2
R3
PUD
IPUD
CBD
C1
C2
C3
C4
MU-L
MU-H
REC
Source:
Table 4.2--Existing Corridor Zoning Districts
Zoning District Density
Residential, Single Family 5.80 du/ac
Residential, Single Family 5.40 du/ac net
Residential, Single Family 7.26 du/ac
Residential, Duplex 9.6 du/ac
Residential, Multi-family 10.80 du/ac
Planned Unit Development
Infill Planned Unit Development
Central Business District
Office, Professional
Commercial, Neighborhood
Commercial, Community
Commercial, General
Mixed Use-Low Intensity
Mixed Use-High Intensity
Recreation
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
20.00 du/ac
40.00 du/ac
80.00 du/ac
16
Street Layout and Circulation - The street layout within the Federal Highway
Corridor can be broadly described as predominantly a modified grid pattern, with streets
on the east side of the corridor terminating in cul-de-sacs or dead ends because of the
Intracoastal Waterway. Federal Highway itself is a major north-south arterial connecting
the eastern seaboard of the United States. It runs through the eastern, mainland portion of
Florida. Through the City of Boynton Beach, it is currently a four-lane divided highway
with bike lanes in both directions and sidewalks along both sides. The speed limit within
the city limits varies between 35 MPH and 40 MPH. Map 4.2, on page 21, depicts the
street pattern within the area.
The Florida East Coast (FEC) Railroad also runs along the eastern portion of
Florida and, in the City of Boynton Beach, just west of Federal Highway, forming the
western boundary of the Corridor study area from the C-16 canal southward. Since the
railroad tracks run along the west side of Federal Highway throughout the City, it tends to
separate the more commercial Federal Highway area from the more residential western
areas. The locations at which the tracks can be crossed are important for access and
traffic circulation between the west side and the east side. Each of the cross streets at the
signalized intersections on Federal Highway provides access to the west including FEC
railroad crossings. The majority of other streets, however, do not cross the tracks.
The South Florida Regional Transportation Authority (RT A) has established as
one of its long term goals to partner with stakeholders to implement premium transit
services along the FEC Corridor from Miami-Dade to Martin counties. The possibility of
passenger rail service with a station in the downtown area would provide an opportunity
17
for a transit-oriented-development (TOD) surrounding the station. It would also provide
an opportunity for establishing a multi-modal transfer station in this area.
Currently, Palm Tran offers motorized transit service through the study area with
two routes:
· Route I offers north-south service through the Federal Highway Corridor
connecting riders from the Gardens Mall in Palm Beach Gardens to the Mizner
Park area of Boca Raton. Twenty-minute service is provided Monday through
Friday, with thirty-minute service on Saturdays and sixty-minute service provided
on Sundays.
· Route 71 provides service to the area via Boynton Beach Boulevard, Ocean
A venue and Federal Highway. Sixty-minute service is provided seven days a
week. The Route also provides service to the Boynton Beach Tri-Rail Station and
the Boynton Beach Mall.
The Florida Department of Transportation (FDOT) has developed a system for
access management for roadways such as Federal Highway. Access management is a
comprehensive approach to the control and regulation of all aspects of highway access.
This is done by assigning a specific classification to roadways. These classifications
contain separation standards for access features such as driveways, medians and signals.
The portion of Federal Highway located within the City of Boynton Beach is classified
by FDOT as an "urban minor arterial" with an Access Classification of "5, Restrictive."
Restrictive means the opposing lanes are separated by a median. For a Classification 5,
the desirable driveway connection spacing is 245 feet, the desirable median opening
spacing for a directional opening (limited turning movements allowed) is 660 feet and for
a full opening (all turning movements allowed) is 1,320 feet. Desirable spacing between
traffic signals is 1,320 feet.
]8
The Palm Beach County Traffic Division maintains monitoring traffic counting
sites, both along Federal Highway and on major east-west roads within or immediately
adjacent to, the study area.
19
Table 4.3-Peak 2005 Traffic Counts
2002 2005 Growth
STREET NAME LOCATION PEAK PEAK Rate
FEDERAL HIGHWAY 500' NofGatewayBlvd 18,970 20,509 +2.64%
FEDERAL HIGHWAY 200' N of Ocean Blvd. 28,057 27,765 -0.35%
FEDERAL HIGHWAY 200' S of Boynton Canal 21,668 26,666 +7.16%
FEDERAL HIGHWAY 800' N ofW oolbright Rd 27,398 27,164 -0.28%
FEDERAL HIGHWAY 100' S ofWoolbrightRd 31,415 31,509 +0.10%
GATEWAY BLVD. 200' E ofI-95 22,725 26,276 +4.96%
BOYNTON BEACH BLVD 600' E of 1-95 33,123 34,557 +1.42%
BOYNTON BEACH BLVD 150' W ofNE 4th Ave 17,940 17,887 -0.10%
OCEAN AVE 100' W ofICCW 9,201 6,836 -9.43%
WOOLBRIGHT RD 600' E ofI-95 39,965 39,243 -0.61%
WOOLBRIGHT RD 100' W ofICCW 12,047 12,750 +1.91%
Source: Palm Beach County Traffic Division, "Peak 2005 Traffic Counts", June 20,
2005
School Capacity - In 2002, Palm Beach County and its municipalities entered into
an interlocal agreement with the School District to establish a level of service for public
education facilities and to provide facilities at the adopted level of service to meet the
demands of new residential development concurrently with demands for other necessary
services such as transportation, potable water, wastewater, etc. This means that any
proposed increase in residential densities must be reviewed by the School District to
determine its impacts on local public school capacity.
Infrastructure - The City of Boynton Beach 1996 Comprehensive Plan Evaluation
and Appraisal Report indicates that the entire Federal Highway Corridor Community
Redevelopment Area is served by public water and sewer lines provided by the City.
Map 4.3 on page 23, shows the layout of public water lines. Map 4.4 on page 24, shows
the layout of sewer lines within the study area.
20
Open Space Areas - The Federal Highway Corridor features a number of both
active and passive public parks and recreational areas. Three of these, Intracoastal Park,
Boat Ramp Park and Jaycee Park have an orientation toward the Intracoastal Waterway.
In addition to the public parks, there are approximately twelve points of access to the
water by way of public streets. Map 4.5, shown on page 24, shows the location and type
of open space and recreational areas.
21
Federal Highway Corridor
Community Redevelopment Plan
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Federal Highway Corridor
Community Redevelopment Plan
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25
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Federal Highway Corridor
Community Redevelopment Plan
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28
Federal Highway Corridor
Community Redevelopment Plan
Planning Area I Zoning
4.8
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R1A Single Family _C4 General Cormlercial _IPUD Inrill Planned unit Development
R1 Single Family _CBD Central BusinesS District _MU-l. Mixed Use Low
[2, R2 ~ex _PCD Planned commercial DevelopmentL0. MU-H Mixed Use High
_R3 MUlti FalTily E3M1 Liglt IncJustrial CJSMU SUburban I\IIixed use
_ PUD Plamed Unit Developmenlllill P1D Planned Industrial Development
29
PlanniDi! Area I
Overview
Planning Area I extends from the northern city limits to the C-16 canal, which forms a
physical and psychological boundary from the adjacent planning area to the south. Within this
portion of the corridor, the FEC railroad right-of-way is contiguous to Federal Highway on the
west side, while the western boundary of the corridor study area extends west of that, lying along
4th Street, which is also Palm Boulevard. The eastern side of this planning area extends to the
Boynton Beach municipal limits that is roughly the centerline of the ICWW in this area.
Street Layout and Circulation
The FEC rail line, which is contiguous to and slightly elevated above Federal Highway in
this area, serves to sever the continuity of this portion of the corridor and directly affects the
development appearance of it. Land lying west of the tracks in the study area is not readily
noticeable or highly visible. Additionally, the railway severely limits access from the west onto
Federal Highway. Planning Area I has only two access points from the west onto Federal
Highway. The first is at Gateway Boulevard, which is a signalized intersection with full median
opemngs. Because Gateway Boulevard provides direct access to and from Interstate-95, this
intersection is a major node. The second access is from NE 15th Avenue, which is roughly 700
feet north of the C-16 Canal; the southern edge of this planning area. The intersection ofNE 15th
A venue provides a full median opening, but it is not a signalized intersection. Additionally, NE
15th Avenue is a local street that provides access to the surrounding single family residential
neighborhood that lies to the west of Federal Highway.
30
In addition to limiting access, the rail line, in conjunction with the Federal Highway
right-of-way, defines the appearance of the corridor. The expanse of the two rights of way
convey an appearance of very low density or open area, which is underscored by the landscaping
enhancements completed by the FDOT. As a result, a sense of community exists largely only on
the eastern side of Federal Highway in planning Area I.
Land within the eastern portion of Planning Area I is constrained by Federal Highway on
the west and the Intracoastal Waterway on the east. Parcels tend to be narrow and extend the full
width between Federal Highway and the ICW. As a result, there are numerous direct street and
driveway access points on the east side of the planning area. The driveway separation in this
area, however, is generally close to the 245-foot separation that is considered desirable by the
FDOT for this portion of Federal Highway.
Zoning
The zoning districts in planning Area I and the existing uses are not inconsistent. The
Coastal Management Element of the Comprehensive Plan, however, noted that one multi-family
development, which is located on the ICW in roughly the middle of the planning area, has an
existing density of 38.3, which exceeds the land use plan and zoning designation of 10.8
dwelling units per acre. There are a number of residential parcels or lots in the central and
northern portion of Area I east of Federal Highway that are either under utilized or vacant.
Similarly, there are commercially zoned parcels that are either vacant or developed but not to the
level of development permitted under the zoning regulations.
The commercial zoning districts on the east side of Federal Highway are long and
narrow, paralleling the roadway. Commercial lands in this location were likely to have been
established many decades ago to benefit from the railroad. At that time, the train was important
31
to and served the community, and Federal Highway was a small, two lane road. Over the years,
however, the importance of the railroad to the community has diminished. At the same time,
Federal Highway has been widened and medians added to address the shift in modes of
transportation. The necessary right-of-way to accomplish the roadway improvements was taken
from the east side of Federal Highway since the west side bordered the FEe. The end result is
commercial parcels of land of marginal depth that invite strip development or isolated free
standing uses that lack landscaping; a desirable transition to the adjacent residential properties;
and, often, feature inadequate parking. Table 4.4 depicts the zoning districts that exist in Area I.
Abbreviation
RIA
RlAA
R3
PUD
IPUD
C2
C3
REC
Source:
Table 4.4-Area I Existing Zoning Districts
Zoning District Density
Residential, Single Family 5.80 dulac
Residential, Single Family 5.40 dulac net
Residential, Multi-family 10.80 du/ac
Planned Unit Development
Infill Planned Unit Development
Commercial, Neighborhood
Commercial, Community
Recreation
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
20.00 dulac
Land Use
Land use in Area I is predominantly residential, with a mix of single-family and multi-
family. The east side Federal Highway has a variety of housing and housing conditions that
range in allowable zoning density from 5.4 to 20.0 units per acre. Two recreational areas that
provide access to the Intracoastal Waterway are located on the east side. The west side of
Federal Highway, beyond the FEC railroad, contains less varied housing, and conditions are not
as varied. Table 4.5 shows the land use districts that exist in planning Area I.
32
Abbreviation
LDR
HDR
SHDR
Table 4.5.--Area I Existing Land Use Designations
Land Use Designation Density Allowed
Low Density Residential 4.84 du/ac
High Density Residential 10.80 du/ac
Special High Density 20.00 du/ac
Residential
LRC Local Retail
R Recreational
(J) Also designated mixed use ifuse and development meet specified requirements
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
March 2006.
Residential - On the east side of Federal Highway, there are a few lower density
communities. The ones on the southernmost end of the planning area are in stabile condition,
and showing signs of upward transition. This neighborhood appears to have been constructed
around the 1950s as a first wave of retirement homes. It was noted that redevelopment in these
lower density communities has started to occur, beginning particularly with those lots that front
on the Intracoastal Waterway. Modest homes in these areas are giving way to large, two story
residential units. The lower density community on the northern end of Area I appears older than
its southern counterpart, and consists largely of moderate to marginal housing with an overall
appearance of a neighborhood in decline. Numerous newer multi-family communities exist
throughout this planning area that range from attractive to exclusive in appearance.
Two mobile home parks that existed at the time of the original study are being replaced with
recently approved townhouse and multi-family condominiums.
The west side of Federal Highway within the corridor study area, north of Gateway
Boulevard, contains a planned unit development that is separated and insulated from Federal
Highway. The development is elevated well above the grade level of Federal Highway, and has
berming and fencing on its perimeter, with no direct access onto the highway. South of Gateway
33
Boulevard is a commercial node and then a large area of modest residential units in need of
rehabilitation and a recently completed zero-lot line residential development. A mobile home
park that existed at the time of the study has been approved for redevelopment as a townhouse
community.
Commercial - Some commercial uses flank portions of Federal Highway. On the east
side of Federal Highway, commercial land uses include vacant lands; several one-story shopping
plazas; a motel; restaurants; and, both an active and an abandoned gas station. As noted above,
parcel depth has been diminished over the years due to improvements to Federal Highway.
Conversion of several of these commercial areas to high density residential developments is
taking place.
On the west side there are only two commercial nodes. The northern node is centered on
and oriented toward Gateway Boulevard more than Federal Highway. It contains marginal, one
story neighborhood strip mall retail uses. The location, orientation and nature of these retail
facilities, in conjunction with the barrier created by the railroad right-of-way, indicate that they
are not likely to serve either Federal Highway users or the preponderance of residential uses in
this planning area, which are located on the east side of Federal Highway. The southern node is
centered around NE 15th Avenue. Commercial uses include a funeral home as well as several
vacant tracts of land.
The intersection of Gateway Boulevard and Federal Highway, which should be
considered a major node, contains residential on the northwest and southeast comers and
commercial uses on the two remaining comers. The northeast comer features a gas station and
the southwest comer features the marginal retail discussed above, and is set far back from the
intersection due to the FEC right-of-way.
34
Recreation - Area I features two recreational sites on the east side of Federal Highway,
proximate to the Intracoastal Waterway. The southern recreational area is a functioning boat
ramp park. Because of the facility's proximity to the inlet, the park serves much of the South
County area. As a result, there has been an increase in noise, traffic and parking that has
presented issues for the surrounding community. The City of Boynton Beach has recently
increased parking at the facility.
Just north of the boat launch area is Intracoastal Park, developed with approximately
$1.725 million in funding provided by Palm Beach County, in addition to City funds. The site
contains active and passive recreational facilities.
Impacts of Implementation Measures
Following adoption of the amended Special High Density Residential land use category
and the companion Infill Planned Unit Development regulations, a number of marginal
commercial uses have been redeveloped as townhouse and multi-family condominium
communities. The six projects approved as of March 2006, will provide a total of 449 residential
units in the planning area. Since three of these developments are replacing antiquated mobile
home parks, this is not a net gain of 449 units; however, with today's building standards, these
new units will be better able to withstand the effects of storm events, thus providing a safer
environment for the occupants. Locations of these projects are shown on the following map.
35
Federal Highway Corridor
Community Redevelopment Plan
Planning Area I Redevelopment Projects
Map 4.9
NE 26TH AV
t>
o
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36
PLANNING AREA II
37
Federal Highway Corridor
Community Redevelopment Plan
Planning Area II Location
Map 4.10
1. t ' ;'
flLlttt=i
NE.12TH-AVE
'- I~_JJJ=_=L /
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250
o
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38
Federal Highway Corridor
Community Redevelopment Plan
Planning Area II Land Use
Map 4.11
500
250
o
500 Feet
Legend
CJLOW DENSITY RESIDENTIAL (LDRIIbx. U40.U1A... _AGIDCIlLTURE (A)
DIlODERATE DENSITY RESIIlEIITIAL (MOIlft) II... 7.26 D,U1Ac~ _RECREATlDMAL (HI
IiiiIDUEDlUII DENsm RESIOENTIAL (!lEDR) II.... &.S8 D,U./A_ _PUBLIC & PRIVATE GOVERNMENTAL/fJlSTITUlIONAL (PPGl)
_HIGH DENSITY RESIDENTlAL jHDR) II... 1U D.U1A.,. _MIXED USE (IIX)
_SPECIAL HIGH DENSITY RESIDENTIAL (SHVRI _IIIXED USE CORE (MXCI
I'mOFFICE COMMERCIAL lOCI IlllIIIIIXED USE SUBURBAN (MXS)
_LOCAL RETAIL COMMERCIAL (LRCI Ii!!llDEVB.OPIlENT OF REGIONAllUPACT (DRI)
_GENERAL COIIIIERCIAL lOCI B[)CONSER\IlI\TION (CON)
.IIOUSTRlAl PI (Z5CONSER\M.T1ON OVERLAY (C/O)
39
Federal Highway Corridor
Community Redevelopment Plan
Planning Area II Zoning
Map 4.12
legend
CJR1MA SilgIe Family IIIilC1 Office Professional _PU Public Usage
~R1MB SilgJe Famity -C2 Neighborhood Commercial -REC Reaeation
R1M Single Family -C3 Canmunity Coomercial -AG Agriculture
, R1A Single Famity -C4 General ConmerciaI -IPUO InfiII Planned Unit Development
..' R1 Single Family _COO Central Business District _MU-llbed Use Low
ffilllR2 Duplex -pco PIamed Commercial Development gMU-H Mixed Use High
-R3 MuIIi Fanily fi!i']M1 light IndusIriaI EJSMU Subu-ban Mixed Use
- PUD Plamed Unit Development _P1D P1aMed Industrial Development
40
Planning Area IJ
Overview
Planning Area II extends from the C-16 canal on the north to just south of an extension of
NE 6th Avenue on the south. The FEC railroad right-of-way is the western boundary of the
planning area. The centerline of the Intracoastal Waterway is the eastern edge of Area II. The
FEC is roughly 75 feet west of Federal Highway on the north end of the area. On the southern
end of Area II, however, the railroad right-of-way is roughly 200 feet west of Federal Highway.
Martin Luther King Boulevard, which is NE 10th A venue, is the center of this planning area.
Street Lavout and Circulation
The FEC railway has a direct impact on circulation and land use patterns in Area II.
Access to Federal Highway from land to the west of the FEC is limited to only two points.
Martin Luther King Boulevard is the first access point. This intersection is signalized and has
full median openings. Martin Luther King Boulevard contains some commercial uses and is a
focal street for the residential community that surrounds it. Further, this street is the only one in
Area II that provides citizens with northbound access on Federal Highway. As a result, this
intersection should be considered a major node. The second FEC crossing is at NE 6th Avenue,
which provides southbound access to Federal Highway for the industrial area and residential
community to the west. NE 6th Avenue is not signalized and provides no median break.
On the east side of Federal Highway, streets are predominantly a grid pattern. Access to
Federal Highway is provided by each of the east-west avenues at intervals that range from
approximately 280 feet and more. From the north boundary of Area II to Martin Luther King
Boulevard, driveway separations are generally close to the 245-foot DOT guideline. South of
41
there, however, driveway spacing varies. On-street parking is available in this portion of Federal
Highway.
Zoning
There are five zoning districts present in planning Area II. These are shown in Table 4.6.
The zoning districts and existing uses are not inconsistent with one another. The Coastal
Management Element of the Comprehensive Plan, however, noted that three developments on
southern edge of the planning area have densities of 40, 18.1 and 17.9 units per acre, which
exceed the existing land use plan and zoning designations.
Abbreviation
RIA
R1AA
R1
R3
C4
MU-L
Source:
Table 4.6--Area II Existin~ Zonin~ Districts
Zoning District Density
Residential, Single Family 5.80 du/ac
Residential, Single Family 5.40 du/ac net
Residential, Single Family 7.26 du/ac
Residential, Multi-family 10.80 du/ac
Commercial, General
Mixed Use-Low Intensity 40.00 du/ac
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
There is only one commercial zoning district in Area II, which is the C4, General
Commercial district. This is the most intense commercial district available within the City of
Boynton Beach, and is intended to facilitate development along major trafficways. According to
the Code, the intent of C-4 zoning is to preserve the design integrity of major highways by
grouping "highway uses," which include local serving commercial uses as well as uses that lean
more toward industrial in their nature. Federal Highway in this vicinity, however, is surrounded
by residential uses with no transition in land use from residential to the heavy commercial and,
as in planning Area I, the commercially zoned land is of marginal depth on both sides of Federal
Highway. As a result, the C4 zoning district category allows for some uses that are traditionally
considered incompatible when contiguous to, or a part of, residential communities.
42
Land Use
There are only two land use designations in Area II, which are shown in Table 4.7.
Existing land use in Area II is commercial along the entire length of Federal Highway. East of
the commercial strip is residential land. These properties have a land use designation of mixed
use, but are zoned residentially at densities of 5.8, 7.26 and 10.8 dwelling units per acre. Some
residential lots appear to be non-conforming with regard to minimum size and width. Many of
the houses are in need of maintenance. Overall, the land appears to be underutilized, and the
neighborhood in need of code enforcement.
Table 4.7.--Area II Existing Land Use Designations
Abbreviation Land Use Designation Density Allowed
MX Mixed Use 40 du/ac
GC General Commercial(1)
(I)Also designated mixed use ifuse and development meet specified requirements
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
March 2006.
The commercial land uses include vacant lots and auto related facilities such as car rental,
car wash, auto parts and repair; an adult entertainment establishment; a U-Haul rental with
outdoor storage and display; outdoor boat sales; offices; restaurants; and retail. The more intense
commercial uses that exist in Area II, such as the auto related facilities, outdoor storage and
display, and adult entertainment are incompatible with the surrounding residential
neighborhoods. Additionally, the marginal depth and overall SIze of many of the parcels,
particularly on the west side of Federal Highway, do not allow for adequate landscaping, parking
and buffering. Additionally, many structures are situated on or near the Federal Highway right-
of-way line.
43
In addition to the commercial and residential uses, there is an Elks club located on the
east side of Federal Highway. Beyond this, however, no other similar types of uses, community
uses, public facilities, or open spaces were noted in Area II.
Land uses at the intersection of Martin Luther King Boulevard and Federal Highway are
very low scale retail uses. These include a vacant structure, vertical blinds shop, seafood market
and a barbeque.
Impacts of Implementation Measures
A single rezoning to Mixed Use-Low Intensity has been approved in this area for a mixed
use structure approximately 45 feet in height containing retail and office uses. While the zoning
regulations allow densities of 40 du/ac and structure heights up to 75 feet, the shallow depth of
the commercially-designated parcels and the close proximity of single-family residences make
achieving those maximums problematic. In addition, the development potential allowed by the
future land use designation and potential zoning category has contributed to causing property
owners to have an over-inflated value of their land, rather than considering the limiting factors of
the development regulations and the size and configuration of the individual parcels.
44
PLANNING AREA III
45
Federal Highway Corridor
Community Redevelopment Plan
Planning Area III Location
Map 4.13
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46
Federal Highway Corridor
Community Redevelopment Plan
Planning Area III Land Use
Map 4.14
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Legend
CJ LOW DENSITY RESIDENTIAL (LOR) Max 4,84 D,U,IAcre
CJ MODERATE DENSITY RESIDENTIAL (MOOR) Max. 7.26 D,U.lAcre
a MEDIUM DENSITV RESIDENTIAl (ME DR) Max. 9,58 D,U.lA""e
_ HIGH DENSITV RESIDENTIAl (HDR) M.., 10.8 D,LJiAcre
_ SPECIAL HIGH DENSITY RESIDENTIAL (SHDR)
[gJ OFFICE COMMERCIAL lOCI
_ LOCAL RETAIL COMMERCIAL (LRC)
_ GENERAL COMMERCIAL (GC)
1m'! INDUSTRIAL (I)
_ AGRICULTURE (A)
_ RECREATIONAL (R)
_ PUBLIC 1\ PRIVATE GOVERNMENTALlINSTITUnONAL IPPGI)
_ MIXED USE (UX)
_ MIXED USE CORE (MXC)
Il1li!l MIXED USE SUBURBAN (MXS)
![ill DEVELOPMENT OF REGIONAL IMFACT (ORI)
o CONSERVATION (CON)
1m CONS",RVATION OVERLA" (Cia)
+
-
47
Federal Highway Corridor
Community Redevelopment Plan
Planning Area III Zoning
Map 4.15
I
,
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Legend
500
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::::::J RtAIIA Single r....i., E Ct otfic:e ProMoional _ PU PuIJlic Uo_
ill!!!! RtA!lll 5i..... F....iIy _ C2 HMgb_d eomm....ioI _ REC __
R1AA 5mgJ. r...uJy _ C3 Com...-iIy Comm.rciol _ AG Agricullum
RtA 5i...ler_ijy _ C4 G._Comme<cU1 _ PUD InIiI_dUnito-loprHnt
Rt Si.gIe r~mily _ coo C-'" B_ss District _ MU-I.. Mind UM Low
illill R2 Duple. _ PCD PI......d Co_cioI 0.,,,,-...1 ~ MU-fI Mi.... UMIligh
. R3 Multi Fomily [['J Ml light bKluslrgl 0 SMU Suburb"" Mi..d Us.
~ PUD P~nMd Unit Oevelopm.nt m PfD Plilnn.d Indus-mill Development
+
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48
Planum!! Area III
Overview
Planning Area III contains the heart of downtown Boynton Beach, and includes the
original Community Redevelopment Area. A line extended from the north edge of Mangrove
Nature Park forms the north boundary of the planning area. The eastern city limits, which is
roughly in the centerline of the Intracoastal Waterway channel forms the east edge. The south
edge of Area III is generally formed by SE 2nd Avenue. The western boundary is the FEC
railway.
Street Layout and Circulation
The street pattern in Area III is a downtown grid with access to Federal Highway from
both the east and west sides of the roadway. This planning area has two signalized intersections
on Federal Highway, which are at Boynton Beach Boulevard and Ocean Avenue. These two
intersections are 1,056 feet apart, which is 20 percent short of the spacing desired by FDOT.
Typically, FDOT desires a minimum of 1,320 feet between intersections. These two
intersections provide full median openings. The balance of the median openings are directional,
meaning that only limited turning movements are allowed, and vary in separation. Driveway
access in this area varies in distance separation.
Boynton Beach Boulevard provides direct access to Interstate 95 from Federal Highway
and, as such, should be considered a node of activity. Boynton Beach Boulevard, as a major
right-of-way, terminates at Federal Highway. Ocean Avenue, which is just to the south, carries
traffic across the Intracoastal Waterway to the Atlantic Ocean beaches and, therefore, should also
be considered a major node of activity. The bridge at Ocean A venue was recently rebuilt with
49
enhanced architectural features that continue the streetscape theme of Ocean A venue, and
developers in the downtown area are being strongly encouraged to utilize many of these same
features in their projects to create visual harmony.
The FEC railway does not have a significant limiting impact in this planning area as it
does in the two planning areas to the north. On the northernmost end of Area III, land between
the railway and Federal Highway is approximately 200 feet deep. Land between the FEC and
Federal Highway continues to gain depth throughout the balance of the corridor. On the
southern edge of Area III, there is more than an estimated 400 feet between the two
transportation corridors. The three FEC crossings in Area III provide ready access to the Federal
Highway Corridor for land to the west. If passenger rail service is restored on the line and a
station is established in the downtown, it will have important impacts on both land use planning
and transportation planning for the subarea and the City as a whole.
Zoning
Approximately nine lots spanning across NE 4th A venue contiguous to the railway are
zoned for heavy commercial uses. Beyond that, however, the balance of land within Area III is
zoned either Central Business District or Mixed Use-High Intensity. Table 4.8 shows the zoning
districts that exist in Area III.
Abbreviation
CBD
C4
MU-H
Source:
Table 4.8-Area III Existing Zoning Districts
Zoning District Density
Central Business District
Commercial, General
Mixed Use-High Intensity 80 duJac
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
50
The CBD zoning district is intended to provide a focal point in the community that
integrates a variety of office, retail and residential uses. The district standards, densities and
intensities are designed to create a synergy between permitted uses and to create a critical mass
of upscale development that establishes a pedestrian environment and promotes the local
economy.
Land Use
The land use designation in Area III is depicted in Table 4.9. The land use designations
and the existing uses are not inconsistent. The northeast portion of this planning area has a
special conservation overlay district. This is the Mangrove Nature Park that is a natural preserve
containing scenic boardwalks that lead out to the Intracoastal Waterway.
Table 4.9.--Area III Existing Land Use Designations
Abbreviation Land Use Designation Density Allowed
MX Mixed Use(l) 40 du/ac
MX-C Mixed Use-Core(I) 80 du/ac
GC General Commercial
(I) A portion also designated conservation overlay
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
March 2006.
The northernmost portion of Area III contains a propane gas outlet and a large Goodyear
facility on the west side between Federal Highway the FEC right-of-way; uses similar to those in
Area II as they are suggestive of heavy commercial uses. Other uses on the north end, however,
include low scale community serving retail and businesses.
The intersection of Boynton Beach Boulevard and Federal Highway contains
commercial uses. A large chain drugstore occupies the northwest comer, while the southwest
comer features a gas station. The northeast comer contains Boynton Plaza, a small scale strip
shopping plaza in moderate condition with front-field parking. A redevelopment plan for the
51
shopping plaza has been approved for the site; however, construction has not commenced. A
storm water retention pond is located between the mangrove park and the existing shopping
center. Immediately north is St. Marks Church and school facility. The southeast comer of the
intersection was purchased by the CRA and cleared of the motel that existed on the site. A
portion of the property is being used to create a promenade, which will link to the Intracoastal
Waterway and the Mangrove Park.
Land along Federal Highway and Ocean Avenue is in a variety of uses and appears to be
under-utilized, particularly when considered in conjunction with the Central Business District
zoning that is in place and the Mixed Use-High Intensity zoning district that could be requested.
Along the west side of Federal Highway, between the gas station and adjacent small office
building at the comer of Boynton Beach Boulevard and Ocean Avenue, there is a large vacant lot
that is designated for parking for the church that is immediately to the south. Veteran's Park is
also located in this area. The church, in addition to the parking lot, also has extensive parking
behind the building. Across Federal Highway is the remote drive in facility for Bank of America
and, to the south of that, the main building for the bank. Other uses south of this area include
retail and office.
Along Ocean A venue on the east side of Federal Highway, there is one story strip retail
development and a small shopping plaza. The north side of Ocean Avenue in this area is
contiguous to the Intracoastal Waterway and the uses are marine-oriented and include charter
fishing and diving businesses, and two successful waterfront restaurants. A mixed use
development project with a marina located north of these uses has been approved and is nearing
completion.
52
The west side of Ocean Avenue has been newly renovated and enhanced with streetscape
elements. The north side of this block-long area features small scale retail and restaurants in a
pedestrian environment. The two blocks south of Ocean Avenue along the west side of Federal
Highway have been approved for a mixed use project.
The intersection of Ocean Avenue and Federal Highway, which is another major node, is
low scale development, which is emphasized by the width of Federal Highway. Other than the
mixed use project, the intersection contains retail and office uses, except for the northeast corner
which has a bank building.
Recommendations for planning Area III were included in the original CRA plan, and then
subsequently contained in the Boynton Beach 20/20 Redevelopment Master Plan that was
finalized in September 1998. The original CRA plan envisioned further development
specifically of the area between Boynton Beach Boulevard and Ocean A venue. The CRA plan
suggested the following in this area:
o A waterfront public park/specialty retail/residential project that occupies the northeast
corner of the Boynton Beach Boulevard and Federal Highway intersection, replacing the
existing strip shopping center;
o A hotel project that would overlook the waterfront amenities; both the marina and the
mangrove park; and,
o A marina project that would include specialty retail shops and more restaurants.
The waterfront projects would bring population into the downtown area to support the
desired retail and restaurants. The hotel project would serve a similar purpose, as well as capture
the City's share of the tourism industry. Note that the CRA plan conducted a market study and
concluded that the area would support a hotel. The marina project would not only bring
population to the downtown, but would also enhance the water orientation of this area, which is a
53
valuable asset. Parking for these suggested developments was not directly addressed, other than
to note that it would have to be carefully coordinated. The CRA plan also envisioned a
pedestrian environment along the west side of Federal Highway, as well as along Boynton Beach
Boulevard and Ocean A venue. All of these recommendations were made, however, predicated
on the completion of the Boynton Beach Boulevard Bridge that FDOT had planned to construct
across the ICW. The bridge was not constructed, and the existing Ocean Avenue bridge will
remain in place.
The Boynton Beach 20120 Redevelopment Plan that was completed in 1998 also
contained recommendations for this immediate portion of planning Area III. The 20/20 Plan,
like the CRA plan, envisioned a waterfront plaza and overall redevelopment of the northeast
corner of the Boynton Beach Boulevard and Federal Highway intersection. It also called for a
pedestrian environment along Federal Highway, recommending building placement near the
property line. Retail uses were envisioned along both sides of Federal Highway, with pedestrian
access placed mid-block. The 20120 Plan did not discuss a specific mixed-use marina project,
and did not consider the hotel concept recommended in the eRA plan, but did address parking.
The 20120 Plan noted that parking to serve the proposed retail uses would be critical in attracting
people downtown, particularly during the initial phases of operation. As a result, the 20/20 Plan
proposed parking in the northeast corner of Federal Highway and Ocean A venue, behind the
buildings that have street frontage. This parking was proposed to serve the commercial uses that
would be located on both the east and west sides of Federal Highway.
Impacts of Implementation Measures
The Mixed Use-High Intensity zoning district allows for a diversity of land uses and
accommodates and encourages a mixture of residential, office, retail, recreational and other
54
miscellaneous uses on assembled parcels in the downtown area. It is consistent with the Mixed
Use-Core land use designation. Three projects, utilizing this zoning district, have been approved
since adoption of the Federal Highway Corridor Community Redevelopment Plan. The
Residences at Marina Village, which is nearing completion, contains 350 residential units, with
12 of them being townhouses. The other two will add another 696 residential units to the study
area.
55
Federal Highway Corridor
Community Redevelopment Plan
Planning Area III Redevelopment Projects
Map 4.16
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56
PLANNING AREA IV
57
Federal Highway Corridor
Community Redevelopment Plan
Planning Area IV Location
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58
Federal Highway Corridor
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Map 4.18
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Legend
C]LOW DENSITY RESIDENTIAL (LOR) Max. 4.84 D.UJA... _AGRICULTURE (A)
DMODERATE llEJtSITY RESIDENTIAL (1IIODR) Max. 7.26 D,UJA... _RECREATIONAL (R)
I'DIlEDIUII DENSITY RESIDENTIAL (1IIEDR) M~1l. 9.58 D,UJAor. _PUBLIC & PRIVATE GOVERNMENTALllNSTlTUTlONAL (PPGI)
_HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.UJA... _MIXED USE (1IIX)
_SPECIAL HIGH DENSITY RESIDENTIAL (SHOO) _MIXED USE CORE luxq
[jJ'JOFACE COMMERCIAL lOCI _MIXED USE SUBURBAN (UXS)
_LOCAl RETAL COMMERCIAL (LRq _DEVELOPMENT OF REGIONAL IUPACT (DRI)
_GEIlERAL COMMERCIAL IGC) CCJCONSERVATlOH (CON)
I'!:JSIINDUSTRlAL ~I e;zJCONSERVATION OVERLAY ICIOI
59
+
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Federal Highway Corridor
Community Redevelopment Plan
Planning Area IV Zoning
Map 4.19
HUDSON AVE
r
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Legend
c:JRfAAII Single F;omlly _C1 0IIice ProfessIoN' _PU Public u,...
!iE!lRfAAB SIn(/lo F~1IIiIy _0 lIeigbbomood C_era..1 _flEC __
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60
Plannin2 Area IV
Overview
The north boundary of Planning Area IV is S.E 2nd Avenue. The eastern edge is the
municipal boundary, which is roughly the centerline of the Intracoastal Waterway. The southern
edge of Area IV is being extended to include the two shopping plazas immediately to the south
of the intersection of Federal Highway and Woolbright Road. The western edge of the corridor
in this area is the FEC railway. In this portion of the corridor, Federal Highway is in the middle
of the study area.
Street Layout and Circulation
The street system and circulation on the west side of Federal Highway is a traditional grid
pattern In contrast, land on the east side of Federal Highway is representative of newer
development. Streets are curvilinear and serve only the development in which they are located,
providing no interparcel access.
Planning Area IV contains one signalized intersection, at Woolbright Road and Federal
Highway. Because Woolbright Road provides a direct link between 1-95 and the barrier island,
this intersection is a major node. There are two other streets that intersect with Federal Highway
that also provide crossing to the west at the FEC railway. These are SE 5th A venue and SE I ih
Avenue. While these two streets intersect with Federal Highway, there are no median openings
at these intersections. There is, however, a median opening at SE 10th A venue.
61
Zoning
The zomng districts in Area IV are varied, and accommodate single family and
multifamily development, mixed use, office, commercial and recreational uses. The zoning
districts that are present are shown in Table 4.10.
Abbreviation
RlAA
R2
R3
MU-L
OC
C3
REC
Source:
Table 4.10--Area IV Existing Zoning Districts
Zoning District Density
Residential, Single Family 5.40 du/ac net
Residential, Duplex 9.60 du/ac
Residential, Multi-family 10.80 du/ac
Mixed Use-Low Intensity 40.00 du/ac
Commercial, Office
Commercial, Community
Recreation
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
The existing uses are not inconsistent with the uses permitted in the various zomng
categories. The Coastal Management Element of the Comprehensive Plan, however, noted that
there were four developments that had densities that exceed those allowed by zoning. These are
the Sterling Village condominiums and three other contiguous developments. The first was
noted as having a density of 30 units per acre; the next of 18 units per acre; the third of 20.3 units
per acre; and 18.6 units per acre at Sterling Village. The maximum allowable density under the
existing zoning is 10.8 dwelling units per acre.
Land Use
The land use designations present in Area IV are shown in Table 4.11, which is included
on the following page. Existing uses and land use plan uses are not inconsistent, although
several developments have densities greater than otherwise permitted.
Existing land uses in Area IV are mixed. The northeast quadrant of this planning area is
occupied predominantly by Sterling Village, which is a garden-style multifamily condominium
62
development. Field inspection of Sterling Village indicated that many of the units are seasonally
occupied, and occupants are largely age 55 and older. South of this is Boynton Isles, a single
family detached community that has a water orientation.
Separating this residential
neighborhood from Federal Highway is a pocket of commercial development that includes the
Women's Club, a single commercial use, and office uses of which one or more is vacant. To the
south of the commercial pocket are two condominium developments, Snug Harbor and Bermuda
Cay, which has recently converted from a multi-family rental complex. On the northeast comer
of Woolbright Road and Federal Highway is a gas station. To the south of the intersection is a
shopping plaza containing a large supermarket, bank, large chain drugstore, several restaurants
and fast food establishments.
Table 4.11.--Area IV Existing Land Use Designations
Land Use Designation Density Allowed
Low Density Residential 4.84 du/ac
Medium Density 9.68 du/ac
Residential
HDR High Density Residential
MX Mixed Use
LRC Local Retail
R Recreational
(I)Also designated mixed use ifuse and development meet specified requirements
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
March 2006.
Abbreviation
LDR
MeDR
10.80 du/ac
40 du/ac
The west side of the Federal Highway in Area IV is commercial. Uses are uncoordinated
and unrelated. These include several banks; a motel, several fast food establishments; a church
located in a defunct shopping center; personal services; and, several vacant parcels. The overall
impression of this portion of the planning area is marginal and in a state of decline. At the
intersection of Federal Highway and Woolbright Road, the above mentioned mixed use project is
on the northwest comer. The approved site plan for this development includes retail and office
uses fronting on both Federal Highway and Woolbright Road, two residential towers, parking
63
garages and townhouses. On the southwest comer is a gas station surrounded by a shopping
plaza which contains a large supermarket, restaurants, and a variety of retail stores.
The aforementioned commercial uses on the west side of Federal Highway wrap around
an area of residential duplex development. This small community is surrounded on the east,
south and a portion ofthe west by commercially zoned land. The balance of the west side of the
residential area is contiguous to the FEC railway. Pence Park, which is a public recreational
facility, is to the north of this community.
Impacts of Implementation Measures
Two rezonings to Mixed Use-Low Intensity have been approved since adoption of the
Corridor Plan. The first, at the northwest comer of Woolbright Road and Federal Highway is on
the site of a former lumber yard. The property was split by the original south boundary of the
Planning Area. In order for the property to be developed under a single set of development
regulations, it was decided to include all of the property in Planning Area IV. In all, it will
provide an additional 378 residential units,in a combination oftownhomes, apartments and lofts,
as well as retail and office spaces. The second rezoning to Mixed Use-Low Intensity is located
on on the west side of Federal Highway between SE 5th Avenue and SE 6th Avenue. It is
approved for 48 residential condominium lofts, as well as commercial uses. While each of these
projects has been approved, construction has not begun.
64
Federal Highway Corridor
Community Redevelopment Plan
Planning Area IV Redevelopment Projects
Map 4.20
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65
PLANNING AREA V
66
Federal Highway Corridor
Community Redevelopment Plan
Planning Area V Location Map
Map 4.21
1.000
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67
t'..,'"''
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Federal Highway Corridor
Community Redevelopment Plan
Planning Area V Land Use
Map 4.22
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CJ LOW DEllSITY RESIOEIlTIAL ILDR} MilL U4 D.UJ_ _AGRICULTURE IA)
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. HIGH DENSITY RESIlENTW.IHDRlMu. 10.1 D.UJAcn .1iIllED USE III"
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68
Federal Highway Corridor
Community Redevelopment Plan
Planning Area V Zoning
Map 4.23
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CJR1AA.A Sir.gle Famil, ~Cl Office Professional _PU Public Usage
G\illR1AA11 SOlgIe Family _C2 Iiolghllorhood Cammen:iaI ~ R""",amn
RIM SinIlIe F....ily _C3 Community Comm"""'" ~ AgricvllJr.
RIA SilgI. Farm'y ~ GOMfaI Comm.n:ial _IPUO InM Planned Unrt Dewlopm.",
Rl Singl. Family _ceo Cenlral 811....... Dislriol --..u-t.loiJOed Use low
i'iilllR2 Duplex _PCD Plann.d Common:ia! D.velop....ent IIIIlMU-H Mixed Uselbgh
_R3 t.tulti Fami-}J' ffZ3M1 lig.ht Industrial c::::JSMU Suburban Mixed Use
IImPUD Planned Unit [)e.~lopment III!PIC Pt~d InduWial De'i@[opment
69
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Plannin2: Area V
Overview
The southernmost planning area, Area V, occupies the balance of the Federal
Highway Corridor from the southern edge of Area N south to the municipal limits. The
centerline of the Intracoastal Waterway forms the eastern edge of the planning area, and
the FEC railway is the western boundary. The southernmost 3,600 feet or so of Area V
contains numerous parcels of land that are not within the City of Boynton Beach.
Additionally, a part of the east side of Federal Highway is not within the City. These
properties are in the City's future annexation area and will be added to the City when
requested by the property owners.
Street Layout and Circulation
With the exception of multifamily residential development located on the west
side of Federal Highway around SE 21st Avenue that has grid pattern, the street layout in
this planning area can be described as curvilinear. Streets were designed to serve only
the immediate development in which they are located, and not to provide interparcel
access.
Planning Area V has two signalized intersections on Federal Highway, which are
at SE 23rd Street and Gulfstream Boulevard. These two intersections provide full median
openings. Additionally, these are the only two east-west streets that provide access to the
west across the FEC railway right-of-way. The balance of the median openings are
directional and vary in separation. Driveway access in this area varies in distance
separation. -'-
70
The intersections of SE 23rd Street and Gulfstream Boulevard with Federal
Highway are important because of their size and the fact that they provide western
access. As a result, these should be considered major nodes.
Zoning
A broad range of zoning categories exist in Area V, which are shown in Table 4.12.
Abbreviation
RlAA
Rl
R3
PUD
IPUD
C2
C3
C4
REC
Source:
Table 4.12--Area V Existing Zoning Districts
Zoning District Density
Residential, Single Family 5.40 du/ac net
Residential, Single Family 7.26 du/ac
Residential, Multi-family 10.80 du/ac
Planned Unit Development
Infill Planned Unit Development 20.00 du/ac
Commercial, Neighborhood
Commercial, Community
Commercial, General
Recreation
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
The existing uses are not inconsistent with the uses permitted under the applicable
zoning districts. The Coastal Management Element of the Comprehensive Plan,
however, noted that there were five developments that had densities that exceed those
allowed by zoning. These existing densities were 27.7, 25.4, 32.2, 21 and 5.3 units per
acre. The maximum density permitted by the zoning district for the first four
developments is 10.8 units per acre. The fifth development has land use that allows a
maximum of 3 units per acre. As a result, these residential communities are non-
conforming uses.
71
Land Use
Land use designations in Area V are extremely varied. Table 4.13 depicts the
existing future land use designations.
Table 4.13.--Area V Existing Land Use Designations
Abbreviation Land Use Designation Density Allowed
LDR Low Density Residential 4.84 duJac
MoDR Moderate Density Residential 7.26 duJac
MeDR Medium Density Residential 9.68 duJac
HDR High Density Residential 10.80 duJac
SHDR Special High Density Residential 20.00 du/ac(l)
LRC Local Retail
GC General Commercial
R Recreational
(I) A portion also designated conservation overlay district
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map",
updated March 2006.
Area V contains not only a mix of land uses, but these uses are arranged with no
apparent logical order. Commencing at the northwest study area boundary uses include,
a fire station, medical offices; assisted living facility; residential; motels; and,
miscellaneous free standing retail uses. In the southern portion, these uses appear
marginal, uncoordinated and in a state of decline. The Federal Highway and Gulfstream
Boulevard node is just north of the southern boundary of the study area. On the northeast
comer there is an adult entertainment establishment. To the north and west of this is a
declining shopping plaza.
The east side of Federal Highway at the southern end of Area V is not within the
City of Boynton Beach. The southernmost portion is vacant property within the Town of
Gulfstream and has a recreational land use designation. Farther north, the property is in
unincorporated Palm Beach County and is within the City of Boynton Beach's future
annexation area. Tradewinds Estates, a single family development lying between Federal
72
Highway and the ICWW, is in unincorporated Palm Beach County. Approximately 87%
of the properties in this subdivision are supplied with water and sewer services by the
City and have annexation agreements with the City. Other uses in this area, however,
include outdoor storage and display of various items. The poor appearance of these retail
facilities detracts from the area. Continuing north on Federal Highway to the southern
city limits, uses include multifamily units and Jaycee Park, which is a public, passive
recreation area with ICWW orientation. North of that, there are more multifamily units,
and then a number of commercial sites that are either vacant, or developed but
abandoned. Continuing north, there are more multifamily developments and then various
commercial uses that include fast food establishments.
Impacts of Implementation Measures
Adoption of the IPUD zoning regulations sparked a flurry of redevelopment
activities within the subarea. Most of that activity has occurred from the node at the
Federal Highway and SE 23rd Avenue southward to the node at Federal Highway and
Gateway Boulevard. In addition to replacing existing and declining development,
including a mobile home park, it has encouraged assembly of small parcels and the
annexation of lands formerly lying in unincorporated Palm Beach County. The ten
projects that have been approved through March 2006, will add 912 residential units to
the study area. While the majority of these developments have been solely townhouses
and condominiums, approval has been given to replace the declining shopping plaza at
the northwest comer of the Federal Highway and Gateway Boulevard intersection with a
mixed use development, consisting of commercial uses along the Federal Highway
73
frontage and both condominiums and townhouses on the more western portions of the
property.:.
74
Federal Highway Corridor
Community Redevelopment Plan
Planning Area V Redevelopment Projects
Map 4.24
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75
SECTION V
MARKET ANALYSIS
Introduction
The Community Redevelopment Agency redevelopment plan that was adopted in
August 1984 recommended the development of a convention style hotel within the
Central Business District, which is also planning Area III in this analysis. Additionally,
both the CRA redevelopment plan and the Boynton Beach 20/20 Redevelopment Master
Plan suggested mixed use developments, to include retail, in the core downtown area.
Approximately 17 years has passed since the initial recommendation for a hotel,
additional retail space and office uses that was contained in the CRA plan. This section of
the Federal Highway Conidor Study, therefore, will review the hotel market at this time
as well as the market for mixed use retail to determine if prior recommendations are still
viable.
Hotel Market Analysis
The CRA plan adopted in 1984 examined conditions in what was identified as the
competing markets; the Lake Worth and Delray Beach downtown districts. The plan
noted that Boynton Beach's location between these two areas indicated that the City
could expect to share in some of the advantages and disadvantages experienced by the
surrounding areas. The CRA redevelopment plan found that in 1984, the "least favorable
market indicator" was the number of hotel and motel units available. At that time,
Boynton Beach had 239 hotel and motel units combined, compared to 598 total units in
Delray Beach and 828 units in Lake Worth. While a breakdown of the number of units by
hotel or motel was not provided, the CRA plan stated that the units within Boynton Beach
76
were not only smaller in number, but provided in comparatively smaller facilities that
could not accommodate meetings or conferences. As a result, the plan indicated that
Boynton Beach was likely not capturing the full economic benefits of the convention and
tourism industry.
Almost 17 years has transpired since the recommendation to take advantage of
this market segment through siting of a convention type hotel in the core downtown area.
As a result, a review of current market conditions is warranted to determine if the
recommendation for placement of a hotel is still a valid land use consideration.
The data contained in Table 5.1 on the following page provide information
concerning hotel and hotel units within both the County and the regional market area,
which includes not only Delray Beach and Lake Worth as included in the original CRA
plan, but also Manalapan that is just north of Boynton Beach. A convention style Ritz-
Carlton hotel has been constructed in Manalapan since completion of the CRA plan and,
therefore, must be included in the regional market area. Note that only hotels are
examined is this analysis, and not motels since they do not provide convention or banquet
facilities, or other "full service" amenities found in hotels. The classification to determine
whether a facility is a hotel or motel has been taken from the Florida Department of
Business and Professional Regulation Division of Hotels and Restaurants Master Listing
of Accounts prepared January 8, 2001. The State determines whether a facility is a hotel,
which is classified as 02, or is a motel, which is classified as 03.
The first half of Table 5.1 compares the number of hotel facilities in the City of
Boynton Beach to those in all of Palm Beach County. Boynton Beach has approximately
77
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6.2 percent of all hotels in the County, compared to neighboring Delray Beach and Lake Worth.
each of which have 4.6 percent of all hotels in the County. The Ritz-Carlton in Manalapan
constitutes ].5 percent of all hotels in Palm Beach. Similarly, Boynton Beach has 4 hotels that
constitute 36.4 percent of all hotels in the market region, compared to 27.3 percent each for
Delray Beach and Lake Worth, which each have 3 of the 1] hotels in the market region.
Manalapan's hotel represents 9.] percent of the hotels in the market region.
The data were then examined to compare hotels that had ] 00 rooms or more, since that
would be the very minimum number desired to support banquet or conference facilities. These
data show that Boynton Beach has 3 hotels with] 00 or more rooms, compared to the County that
has a total of 43 hotels with ] 00 or more rooms, which equates to Boynton Beach having 7
percent of all hotels with ] 00 or more rooms in Palm Beach County. This compares to Delray
Beach that has 4.7 percent of the hotels with an excess of JOO rooms. Lake Worth and
Manalapan each have only 2.3 percent of the hotels with more than 100 rooms. Similarly,
Boynton Beach has a greater percentage of the market region's hotels with JOO rooms or more.
The City has three such hotels, which represents almost 43 percent of the hotels in the market
region. It should be noted, however, that one of these is a Holiday Inn Express located proximate
to Interstate 95. Although the hotel does provide meeting rooms, it is of minimal size featuring
only 100 rooms, and is not representative of typical conference resort hotels. A second hotel in
Boynton Beach is the Holiday Inn - Catalina on North Congress Avenue, which has been
reported to Boynton Beach Planning staff as maintaining a high occupancy rate due to flight
crews from Palm Beach International Airport. As a result, the higher percentage of
79
hotels with greater than 100 rooms in Boynton Beach may be diminished because of these two
unique circumstances. Further, a review of the number hotels with 100 rooms or more in the
regional market shows that each of the competing areas --- Delray Beach, Lake Worth and
Manalapan --- have one water oriented hotel facility with conference or meeting room space. The
City of Boynton Beach, however, has no such facility.
The second portion of Table 5.1 examines the number of units available, rather than the
number of hotel facilities. Palm Beach County has a total of 10,063 hotel units. The data in Table
5.1 show that Boynton Beach is competitive with Delray Beach. Boynton Beach has 740 hotel
units for 7.4 percent of all units in Palm Beach County, while Delray Beach has 790 hotel units
for a total of just under 8 percent of all units countywide. Lake Worth has a total of255 units and
Manalapan 270 units, which is equal to 2.5 percent and 2.7 percent of all hotel units in the
County, respectively. Similarly, Boynton Beach and Delray Beach are competitive with each
other on a regional level, with Boynton Beach maintaining 36 percent of all hotel units within the
region, while Delray Beach has 38.4 percent. Boynton Beach and Delray Beach each have
slightly more than 4 percent of the units countywide that are located in hotels that have 100 units
or more, as well as roughly the same percentage of similar units compared on a regional basis.
Once again, however, Boynton Beach has no units in a conference sized hotel with a water
orientation, while Delray Beach enjoys almost 41 percent of such units; Lake Worth 16.7 percent
of similar units; and, Manalapan more than 42 percent of the region's units in conference sized
hotel facilities. The hotel in Delray Beach with a water orientation is the Marriott Delray Beach
located on North Ocean Boulevard with 260 units. The similar hotel in Lake Worth is the
Gulfstream Hotel located on the west side of the Intracoastal Waterway. This hotel features only
106 rooms and is a minimal conference hotel. It has a total of 2 meeting rooms that seat only 5 to
80
] 2 people, and a total of 2 banquet rooms that accommodate a maximum of 50 to 100 people.
The third regional hotel is the Ritz-Carlton in Manalapan that has full meeting and conferencing
facilities, and features 270 rooms with a water orientation.
This analysis examined existing market conditions in the County, as well as in the
competitive market region as initially examined in the original CRA plan and expanded to
account for the newer development in Manalapan. The results indicate that there is still a market
niche for a conference-sized hotel with a water orientation within the City of Boynton Beach.
While the CRA plan suggested a hotel with 100 to 200 rooms, it is recommended that the City of
Boynton Beach consider a hotel that approaches or slightly exceeds the upper end of this size to
be competitive with the Marriott in Delray Beach that has 260 rooms and the Ritz-Carlton in
Manalapan that has 270 rooms.
According to the Palm Beach Property Appraiser's office, the Delray Beach hotel is
situated on approximately 4.5 acres, which equates to an estimated 754 square feet per hotel
room. The Manalapan resort site is approximately 6.8 acres including its extensive pool, patio
and deck areas, which equate to 1,097 square feet per hotel room. These data indicate that the
City of Boynton Beach should consider a redevelopment site for a hotel that ranges between 3.5
acres and 5 acres to accommodate a convention type hotel that has 200 rooms.
Retail Market Analysis
In addition to recommending a convention type hotel, the original CRA plan suggested
mixed uses to include retail and office. Specifically, the CRA plan suggested an additional
50,000 square feet of retail, including restaurants, and an additional 20,000 to 30,000 square feet
of office use. The Boynton Beach 20/20 Redevelopment Plan provided similar recommendations
with regard to uses, although it did not specify a target square footage of additional uses.
81
In recommending additional non-residential uses in the downtown area, the CRA plan
considered population distribution in the regional market that includes Boynton Beach, Delray
Beach and Lake Worth, as well as income and homeownership as an indicator of market
stability. Since the CRA plan was prepared almost 17 years ago, however, a reexamination of
market projections is warranted. The Planning Division of Palm Beach County completed a
"Commercial Needs Assessment Report", revised through December 1999, that examined office
and retail demand projected in the year 2015. The study focused on portions of Palm Beach that
are west of the subject study area, but considered supply and demand for retail and office
throughout all of Palm Beach County. The Needs Assessment utilized smaller planning sectors
that are used by the Metropolitan Planning Organization (MPO). While the focus of the analysis
was on areas west of the Federal Highway Corridor, the Needs Assessment considered all of
Palm Beach County to take into account mobility, travel patterns and relationships between the
various smaller planning sectors that were utilized.
The Federal Highway Corridor is not isolated within a singular smaller planning sector.
Further, issues such as future population distribution and mobility greatly affect the demand and
specific location for retail and office. As a result, the data contained in the Needs Assessment
study were examined at several different levels to determine future supply and demand for office
and retail.
A reduced regional market area was considered, which extended from Interstate 95 east
to the Atlantic Ocean, north to a line south of Forest Hill Boulevard, and south to a line that is
north of Clint Moore Road. This is a narrowly defined area that encompasses MPO planning
sectors 43 and 53, and is referred to as the reduced regional market. The second area that was
examined included the first area, but extended more westerly to Florida's Turnpike. This second
82
area includes MPO planning sectors 42 and 43, which are north of Boynton Beach Boulevard, as
well as 52 and 53 that are roughly south of Boynton Beach Boulevard. As a result, the core
downtown of Boynton Beach lies approximately halfway between these northern and southern
planning areas. Referred to as the expanded regional market, this area takes into account personal
mobility within the general vicinity. The data for the third planning area that were considered
included all of Palm Beach County, which provides for regional mobility.
The supply and demand data for offices uses in the year 2015 for these three areas was
taken from the "Commercial Needs Assessment Report". This information is summarized in
Table 5.2, which is on the following page.
These data for the reduced regional market indicate that in the year 2015, there will be a
surplus of retail space totaling approximately 317,700 square feet. At the same time, however,
these data indicate that there will be a deficit of office space in this area that totals more than 1.9
million square feet. The retail demand that was calculated throughout the Needs Assessment
analysis is based upon population within a give sector. A predetermined square footage of retail
per capita was used for neighborhood, community and regional retail facilities within a given
MPO planning sector to determine the amount of total square footage that would be needed. The
projected population within a planning sector, therefore, determined the amount of retail that the
given sector could support. The methodology, however, does not take into account mobility and
transportation routes. As a result, it would not be appropriate to consider the data contained in
Table 5.2 as a definitive analysis of need within a specific sector
83
Use
Total Retail
Total Office
Retail
Sector 43
Sector 53
Office
Sector 43 883,133 sq. ft. 2,960,181 sq. ft.
Sector 53 2,662,866 sq. ft. 2,574,592 sq. ft.
Note: Parenthetical numbers indicate future deficit or need for the stated use
Source: Palm Beach County, FL, Planning Division, Commercial Needs Assessment Report,
revised December 1999.
Table 5.2.-- Retail and Office Supply and Demand in the Reduced
Regional Market, 2015
Supply Demand
7,427,470 sq. ft. 7,109,743 sq. ft.
3,545,999 sq. ft. 5,534,773 sq. ft.
Difference
317,727 sq. ft.
(1,988,774) sq. ft.
2,531,334 sq. ft.
4,896,136 sq. ft.
3,807,506 sq. ft.
3,302,237 sq. ft.
(1,276,172) sq. ft.
1,593,899 sq. ft.
(2,077,048) sq. ft.
88,274 sq. ft.
Similarly, office space demand was calculated with a formula that also involved planning
sector population. The methodology utilized was predicated on a predetermined ratio of 253
employees for each 1,000 people. The sector population was, therefore, divided by 1,000 and
then multiplied by 253 to determine the number of employees within a sector. That result was
then multiplied by 200 square feet of office, which is, according the study, the amount of office
space per employee in an average, new suburban office. The resulting number was the estimate
of the amount of square feet of office space required for the population within a given sector. As
with retail uses, however, this methodology does not take into account issues such as mobility
and transportation routes.
The second analysis of the data included a review of the expanded regional market. This
analysis assumes that there is the potential for mobility of population within the larger region,
but not necessarily throughout the entire county. Table 5.3 shows the results of the supply and
demand in the year 2015 in the expanded region.
84
Table 5.3.-- Retail and Office Supply and Demand in the Expanded
Regional Market, 2015
Supply Demand
23,723,756 sq. ft. 29,009,181 sq. ft.
14,409,857 sq. ft. 22,751,140 sq. ft.
Use
Total Retail
Total Office
Retail
Sector 42
Sector 43
Sector 52
Sector 53
Office
Sector 42 6,285,127 sq. ft. 9,634,393 sq. ft.
Sector 43 883,133 sq. ft. 2,960,181 sq. ft.
Sector 52 4,578,731 sq. ft. 7,581,974 sq. ft.
Sector 53 2,662,866 sq. ft. 2,574,592 sq. ft.
Note: Parenthetical numbers indicate future deficit or need for the stated use
Source: Palm Beach County, FL, Planning Division, Commercial Needs Assessment Report,
revised December 1999.
8,115,938 sq. ft.
2,531,334 sq. ft.
8,180,348 sq. ft.
4,896,136 sq. ft.
12,250,989 sq. ft.
3,807,506 sq. ft.
9,648,449 sq. ft.
3,302,237 sq. ft.
Difference
(5,285,425) sq. ft.
(8,341,283) sq. ft.
(4,135,051) sq. ft.
(1,276,172) sq. ft.
(1,468,101) sq. ft.
1,593,899 sq. ft.
(3,349,266) sq. ft.
(2,077,048) sq. ft.
(3,003,243) sq. ft.
88,274 sq. ft
The Date in Table 5.2 examine the expanded regional market, and indicate a deficit of
need for both additional retail and office space in the year 2015. The data for the expanded area
indicates a need for almost 5.3 million square feet of additional retail space, and more than 8.3
million square feet of office space.
In comparing the data contained in Table 5.2 and Table 5.3, it becomes apparent that the
difference in the projected deficit is a result of a projection of greater population, bearing in mind
that demand for both types of uses is predicated on the population within a given MPO planning
sector. The additional population is projected west of Interstate 95 and results in a very dramatic
increase in both retail and office demand within the expanded regional market. Note that these
numbers do not take into account any increase in population east of Interstate 95 that could occur
as a result of redevelopment but not anticipated at the time that the population projections were
prepared.
The third area analyzed was the entire area of Palm Beach County. Overall, the Needs
Assessment found that there would be a deficit of retail totaling approximately 1.35 million
85
square feet in the year 2015. At the same time, however, the analysis determined that there
would be a surplus of office space of approximately 14.7 million square feet. This gross number
assumes, however, an ability and willingness to traverse all of Palm Beach County for both retail
and office needs. This includes retail needs that would otherwise be met on a reduced regional
level. As a result, these data suggest that there may be a need to examine the distribution of these
non-residential uses, but they do not necessarily suggest an adjustment to the square footage of
either retail or office uses.
The Commercial Needs Assessment merits consideration as an important tool for
analyzing the demand of non-residential land uses in Palm Beach in order to determine if there
will be a reasonable balance of competing land uses in the future. This can assist county planners
in assessing requests for land use amendments as well as determining if the general distribution
of land use designations will meet future needs. On a more area specific basis, however, the
study may not be the appropriate tool to determine the exact square footage of retail and office
uses. The analysis is a useful guide, however, in that it provides an indication of need by region.
Note that the report stated that other considerations such as reduced density in the far west and a
movement toward infill development in the east will play an important role in determining where
non-residential uses will ultimately locate.
In summary, the expanded regional analysis of market demand for retail and office space
in the year 2015 appears to be the most balanced approach to determining future need. This
approach allows for some mobility of population but does not make an assumption that the entire
population will traverse the County. In effect, examining the expanded regional market assumes
that individuals will travel some distance outside of their immediate community, but not
necessarily travel long distances for retail and employment on a regular basis.
86
The result of the data analysis for future retail and office demand indicates that the
population growth and employment in the general region of the core downtown area of Boynton
Beach will support additional retail and office uses in the downtown area. While the data from
the Needs Assessment analysis indicates a definitive square footage of retail and office uses, it is
recommended that these numbers be viewed as indicators of deficit or surplus and not be relied
upon as a definitive area of development because of variables that cannot be expressly
quantified. These would include, for example, variations in population growth and population
mobility. Nevertheless, the Needs Assessment analysis shows that a demand for commercial and
office will exist. The exact square footage of commercial and office space that is constructed will
be determined by land availability and market demand.
87
SECTION VI
ISSUES AND OPPORTUNITIES:
REDEVELOPMENT STRATEGIES
General Description
Current development patterns and land uses within the entire Federal Highway Corridor
present challenges and opportunities for development and redevelopment that provide the
framework for an overall approach to redevelopment strategies. The original CRA plan adopted
in 1984 and the Boynton Beach 20/20 Redevelopment Plan that was finalized in 1998 both
identified the Central Business District, which is planning Area III, as the primary focus of
activity, although each of those plans recommended somewhat differing approaches to
development or redevelopment.
Existing and planned development, and current or recently completed improvements in
Area III continue to emphasize the importance of this planning area as the focus of activity, with
the four remaining planning areas serving to create a functional and orderly hierarchy of
development that will enhance the success of the core downtown. Broadly, Areas II and IV,
which are contiguous to the north and south edges of the downtown, respectively, are the
gateways to downtown. These planning areas should contain mixed use residential and non-
residential developments of lesser intensity than the downtown, with commercial uses that serve
the surrounding neighborhoods. Areas I and V, which are the northernmost and southernmost
areas, are the entrances to the City of Boynton Beach. These areas should invite residential uses
at intensities that will provide additional population base to assist in sustaining the Central
Business District. Land uses, development intensities and standards should emphasize this
gradual transition into the core downtown.
88
To undertake this approach to development and redevelopment within the Federal
Highway Corridor Community Redevelopment Area, the issues and opportunities identified
through the analysis of existing conditions are evaluated to formulate general redevelopment
strategies. Because Area III is the focal point within the Federal Highway Corridor, it will be
addressed first, followed by consideration of Areas II and IV that flank the downtown, and then
by the outer edges of the Corridor that are defined by Area I and Area V.
None of the prior studies for the planning areas made any consideration for historical
resources. While the City of Boynton Beach has relatively few historic structures, compared to
other coastal communities in Palm Beach County, nevertheless, the ones remaining are a part of
the fabric of the City. In 1993 the City conducted a survey of those structures that were possibly
eligible for recognition, either at the National, State or local level. Since that study was
conducted, a number of these have been either destroyed to make way for redevelopment or have
been altered to the point that they no longer have any significance as historical resources. The
few remaining of these structures should be allowed to remain, either as their intended uses or
adaptively reused as a part of the redevelopment plans.
The Downtown: Area III
Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements that
merit consideration and implementation in one, unified approach. Both plans called for a mixed
use project to be located within the downtown redevelopment area. Similarly, both plans
recognized the need for such development to provide a node of activity in the downtown; the
importance of a pedestrian orientation; and, the importance of adequate public parking. The 1984
CRA Plan also identified an opportunity to capture a share of the tourism market by providing
for a convention style hotel.
89
The water orientation of the downtown provides a unique opportunity for pedestrian
oriented, mixed use activity that could include residential uses as well as destination office, retail
and restaurants. The downtown is not only privileged to have the Intracoastal Waterway on its
east as well as potential points of redevelopment and pedestrian interest, immediately to the west
of the geographic limits of the Corridor. At the same time however, Federal Highway that forms
the spine of the Corridor is an arterial roadway that has the main purpose of moving vehicular
traffic north and south; not catering to pedestrian traffic moving east and west. Because of these
issues and opportunities, redevelopment approaches within Area III should focus on several key
elements to ensure success. Overall, these will establish a compactness and critical mass of
development and population to establish the downtown as a destination area, and to ensure its
success and long term viability. The general goal in Area III is to create a pedestrian oriented
destination. These following strategies will assist in achieving this broad goal:
o Establish a focal point. Attract a stabilizing focus of development, such as the convention
style hotel recommended in the 1984 CRA Plan, to locate east of Federal Highway to take
advantage of the water orientation. The analysis indicates that there is a market opportunity
for this use. The hotel will provide a focal node of activity; an initial residential component
to establish a population in the downtown; and, an injection of economic activity for the
CRA.
o Encourage mixed use development. Continue to promote and encourage the mixed use,
marine oriented project to be located north of Ocean A venue proximate to the Intracoastal
Waterway. The mixed use project, similar to a hotel, will provide pedestrian activity in the
downtown area and contribute toward a vibrant atmosphere. Additionally, encourage
residential components in development projects to build a population base in the
downtown.
o Create a destination atmosphere. Permitted uses should be only those that are destination
types of uses, and not those that typically rely upon the capture of drive-by traffic.
Destination types of uses include, for example, personal services, specialty retail, offices,
full service restaurants and residential uses. Conversely, vehicular oriented uses include, by
way of example, vehicular related uses, fast food restaurants and "drive-thru" facilities.
o Require urban form. Create development standards in the downtown that require
intensity, bulk and building massing to establish the downtown area as a focal point.
90
Building height at heights greater than that allowed in the surrounding areas should be
encouraged.
o Encourage public activity in aU of downtown. Provide public parking in a centralized
area within the downtown. It is very important that the parking is located on the west side
of Federal Highway to allow pedestrians the opportunity to explore points of interest west
of the parking, as well as to cross Federal Highway to explore areas of activity on the east
side proximate to the ICW. Because Federal Highway serves as a physical and
psychological barrier, pedestrians that initiate their visit to downtown by parking on the east
side of the highway will not cross it to explore areas of interest to the west.
o Define pedestrian spaces. Require reduced building setbacks to better define pedestrian
spaces. Specifically, parking lots located between the use and the public rights of way
should be discouraged or prohibited.
o Create a safe pedestrian environment. Require development that fronts along Federal
Highway to be designed in a manner that discourages mid-block crossings by pedestrians,
and emphasizes the corners as important nodes of activity.
o Establish an aesthetically pleasing identity. Create an aesthetic identity for the downtown
through the development, use and rhythmic placement of public street furnishings, lighting,
and other types of enrichments, as well as creation and implementation of development
design criteria that address architecture, colors and signage in addition to general
development standards.
91
The Gateways to Downtown: Areas II and IV
These two planning areas are the front doors to the downtown core area; the gateway
neighborhoods. As such, they will serve two broad functions. First, their appearance must
convey their important role as gateways to downtown. Currently, however, many of the existing
uses, and the appearance and placement of development features do not create the desired
appearance of gateway neighborhoods. Additionally, many of the existing types of commercial
uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal
Highway. Second, these planning areas must provide sufficient housing opportunities to build the
critical mass of population necessary for a successful downtown area. The general goal is to
create identifiable communities that provide the gateways to downtown. As a result, the
following strategies to accomplish this are as follows:
o Establish a sense of community. Provide for mixed use development that is
predominantly residential, with non-residential components that serve the immediate
community. Non-residential uses should be neighborhood serving in nature, as opposed to
those uses that are heavy commercial uses, those that are automobile oriented, or those that
are generally not considered to be neighborhood oriented.
o Protect community character. Establish standards to protect the character of the
residential community that could be affected by the development of multiple, similar types
of non-residential uses. This will encourage a diversity of nonresidential, neighborhood-
serving establishments.
o Require a transition to the downtown urban form. Create development standards in the
gateway communities that establish a logical transition to the downtown. Building scale,
massing and placement should be less intense than that of the central business district, but
greater than surrounding areas.
o Provide for a variety of adequate housing. Establish intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the downtown
area and general economic expansion.
o Require compatibility between uses. Create development standards that provide for
adequate setbacks and buffering between residential and non-residential uses to protect the
residential neighborhoods.
o Enhance the visual appearance of the community Ensure that uses or land development
regulations provide adequate safeguards to protect the visual appearance of the community.
92
The Entrances to the City: Planning Areas I and V
Planning Areas I and V have the pivotal role of being the entrances to the City of
Boynton Beach. As such, it is important that these two planning areas provide an aesthetically
pleasing appearance; a good first impression. Additionally, while Areas I and V contain
commercial uses, the impression is one of residential character. The overall goal, therefore, for
these two planning areas is to provide a strong residential base that is aesthetically inviting.
Many of the strategies for these two areas are similar to those of adjacent planning areas, with a
notable exception concerning a lesser intensity of use. The following strategies will further the
overall redevelopment goal:
o Encourage a variety of housing. Develop intensity standards that allow for a variety of
housing styles and types at intensities that will assist in supporting the downtown area and
general economic expansion.
o Protect community character. Establish standards to protect the character of the
residential community that could be affected by the development of multiple, similar types
of uses. This will encourage a diversity of nonresidential, uses. Additionally, non-
residential uses should be community serving in nature, as opposed to those uses that are
heavy commercial uses, those that are automobile oriented, or those that are generally not
considered to be neighborhood oriented.
o Require a transition to the adjacent gateway neighborhoods. Create development
standards in the city entrance communities that establish a logical transition to the gateway
communities. Building scale, massing and placement should be less intense than that of the
adjacent planning areas, but substantial enough to announce an arrival in the City.
o Require compatibility between uses. Create development standards that provide for
adequate setbacks and buffering between residential and non-residential uses to protect the
residential neighborhoods.
o Enhance the visual appearance of the community Ensure that uses or land development
regulations provide adequate safeguards to protect the visual appearance of the community.
93
In addition to these strategies that are specific to the defined planning areas, the following
strategies are recommended for the entire Federal Highway Corridor Community Redevelopment
Area:
o Provide consistency between existing uses and the zoning and land use map. There are
instances within the planning areas where zoning is not consistent with land use, or where
existing uses are not consistent with zoning requirements. Regulations should be created
and implemented to provide conformity.
o Emphasize major activity nodes. Nodes of activity or transitions to other neighborhoods,
such as the major signalized intersections, should be emphasized through mechanisms such
as building placement, orientation and architectural features.
o Improve visual appearance with coordinated sign age. Signs throughout the entire
corridor lack aesthetic appeal and continuity of style. Regulations can address these issues.
o Consider a public presence. The entire Federal Highway Corridor is devoid of any public
presence. Establishing a public building such as a library, fire station or similar use could
contribute to community stability by providing a landmark or focus.
o Recognize historical resources. The few remaining historical structures within the
planning area should be offered a measure of protection. Regulations should recognize that
many of these buildings will be unlikely to meet development standards and allow their
continuation, either as their intended use or adapted for new uses.
94
SECTION VII
REDEVELOPMENT PROGRAMS AND PROJECTS
The programs and projects listed below will implement the redevelopment strategies
discussed in Section VI. These programs and projects should be implemented to eliminate or
decrease the blighting influences found in the Federal Highway Corridor Redevelopment Area,
as well as enhance the corridor's long term viability.
Comprehensive Plan Amendments
Recommendation 1: Amend the Comprehensive Plan text to create two subcategories of
land use within the land use plan designation of Mixed Use, amending the current language as
appropriate. The first category should be a Mixed Use-High (MU-H) and the other a Mixed Use-
Low (MU-L). The MU-H would apply to the core downtown area, which is Planning Area III.
The MU-L would apply to the gateway communities, which are Planning Areas II and IV. The
MU-L designation would be less intense than the MU-H, with an emphasis on residential with
neighborhood serving retail.
Purpose: This will establish the requisite legal basis for land use plan and code
amendments.
Recommendation 2: Amend the Future Land Use Plan Map to redesignate the
downtown, Area III, as Mixed Use-High, and to redesignate the gateway communities, Areas II
and IV, as Mixed Use-Low.
Purpose: This will establish the desired hierarchy of land uses leading into the
downtown area.
95
Recommendation 3. Amend the Future Land Use Map to remove existing conforming
single family neighborhoods east of Federal Highway, proximate to the Intracoastal Waterway
from the Mixed Use land use category.
Purpose: This would provide some measure of assurance to the property owners that
these areas will not be easily converted to mixed use developments.
New Development Standards
Recommendation 4: Create development standards for the MU-H district. Specifically
consider eliminating restrictions on density, but maintaining control of the visual appearance of
development. Creative, well planned development will be able to provide additional residential
units that will contribute positively to a vibrant and successful downtown while meeting height
limitations imposed by the City.
According to the current provisions in the zoning code, height is restricted throughout
Boynton Beach to 45 feet with a maximum Central Business District density of 40 units per acre
and a conditional maximum height of 100 feet. Because of the very compact area of the
downtown in combination with the desire to make the downtown a clear focal point in the
community, this intensity of development is not sufficient to achieve the desired goals for
downtown development and redevelopment.
As a result, the City should not include a density maximum in the future MU-H, which is
the recommended designation for Area III, and increase the maximum height in Area III from
100 feet to 150 feet. This will create a more prominent visual focal point and establish the
desirable level of activity in the downtown area.
Additionally, consider eliminating the
96
following uses that may otherwise be permitted or conditionally permitted in the current CBD
zoning category:
0 Auction houses
0 Bus terminals
0 Drive-thru facilities
0 Funeral homes
0 Motels (not hotels)
0 Outdoor storage or display
o Private parking garages (allow public parking garages)
o Vehicle related uses, such as: gas stations; auto parts, storage, rental, display, repaIr
facilities; detailing or car washes
Consider allowing the following that are otherwise conditionally permitted or not
addressed in the current CBD zoning category:
o Allow multi-family residential uses as a permitted rather than conditional use if the entire
first floor is dedicated to commercial, retail or office uses
o Specifically encourage tourist oriented uses that have a water orientation
Purpose: This will encourage development and redevelopment that is pedestrian and not
automobile oriented, as well provide an attractive development environment for a conference
style hotel.
Note: Proposed areas for the MU-H and MU-L zoning districts are shown on Map 7.1 on
page 103.
Recommendation 5: Create development standards for the MU-L district. Specifically,
as with the MU-H district, consider eliminating restrictions on density, but maintaining control
of the visual appearance of development through height limitations. Increase the maximum
height in these two areas only to 75 feet and eliminate density requirements. This height is half
97
of that which is recommended for the downtown area and will provide an appropriate transition
from the gateway communities to the central business area.
In addition, consider eliminating the following types of vehicle oriented, non-
neighborhood serving uses that may be otherwise permitted in the current gateway
neighborhoods:
o Adult entertainment establishments
o Auction houses
o Bus terminals
o Lumber yards and building material stores, including sales to contractors
o Rooming and boarding houses
o Sale of ammunition and firearms
o Taxicab parking
o Trade or business labor pools
o Outdoor storage and display
o Vehicle and boat service related uses, such as:; auto parts, storage, rental, display,; detailing
or vehicle washes
o Wholesaling
Consider allowing regulations that provide for the following as conditional uses:
o Grocery or food stores sized between 15,000 square feet and 80,000 square feet
o Drive-thru facilities
o Gas stations and auto repair shops that meet established locational and design criteria
Purpose: This will establish an aesthetically pleasing, logical transition into the
downtown area; provide for neighborhood serving uses rather than those that are transient
or vehicle oriented; and, provide additional population to support the downtown.
Note: Proposed areas for the MU-H and MU-L zoning districts are shown on Map 7.1 on
page 103.
98
RecommendationS: Provide for appropriate locations of houses of worship, schools and
similar institutions to ensure that they have a balanced distribution throughout the community.
Purpose: Such regulations will ensure a balance of these community serving land uses
throughout the City.
Recommendation 6: Protect residential neighborhoods. It has been generally recognized
that there are some uses which, because of their very nature, are identified as having serious
objectionable characteristics. Specifically, there are studies that exist that demonstrate that adult
uses result in an adverse secondary effect on adjacent properties. Further, it is recognized that
local governments have powers to regulate establishments that serve alcoholic beverages. As a
result, the City should consider developing regulations for the placement of facilities that serve
alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the
deleterious effect on surrounding areas that have already been declared to be in a blighted
condition. Distance separations between land that is land use planned or zoned to allow
residential uses and facilities that provide for the sales of alcohol should be established in the
range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability
of adult facilities that serve alcohol that do not meet the distance separation requirement should
be amortized.
Recommendation 7: Develop signage standards that address in detail issues such as sign
height; width; style; lettering; color; placement; landscaping; and, content. Define signage,
including a definition concerning advertising on commercial vehicles and prohibition of parking
such vehicles in a manner that constitutes signage proximate to the right of way. Require new
signs or substantial repairs to existing signs to comply with the regulations.
Purpose: Detailed sign regulations will greatly enhance the appearance of the corridor.
99
Design Criteria
Recommendation 8: Develop a design program for structures, slgnage and street
furniture, that includes the implementation of a color palate and architectural themes in the
context of the downtown and gateway communities.
Purpose: The program will create a sense of identity and visual appeal for the
redevelopment area.
Recommendation 9: Create land development regulations for Areas II, III and IV that
address building placement, parking, parking location, mixed uses, and pedestrian chanalization.
Incorporate the following guidelines:
o Landscape programs and standards should be developed
o Parking for uses should not be located contiguous to Federal Highway
o Shared parking standards should be reviewed
o Standards for payment in lieu of providing parking should be developed for Area III
o Buildings on Federal Highway should have the appearance of multi-story structures
o Incentives should be provided for developing mixed use projects
o Pedestrian unloading or drop-off areas should be considered as a requirement
o Standards to identify nodes of activity, such as signalized intersections, should be
developed within the corridor
o Structures should be designed to discourage mid-block crossings on Federal Highway by
providing pedestrian access at the corners of intersections
o Standards should be developed to allow a limited number of automobile related uses, such
as gas stations and auto repairs, to locate in the planning areas with a lessened impact on the
corridor while providing essential services to the residents
Purpose: Development standards will create a sense of place, reduce the blighted
appearance, and enhance the aesthetic appeal of the Federal Highway Corridor.
Specific Projects to Implement Redevelopment
Project 1 - Convention Hotel: Assemble a three to five acre size parcel of land in the
downtown, which is Area III, and market it for a convention style hotel. The market analysis
100
contained in Section IV of this study indicates that there is a market niche in Boynton Beach for
a water oriented convention type hotel recommended in the 1984 CRA plan.
While acquisition of land for use as a hotel site may eliminate some of the retail uses
from the tax base, the net result would be a significant increase in the tax base. The increase
would result from new construction designed for better utilization of land. For example, in the
year 2000, the Lake Worth water oriented hotel, which is of minimal convention size, had a
taxable value of more than $2.5 million that resulted in ad valorem revenues of $69.6 thousand.
Similarly, the Delray hotel property had a total taxable value of more than $19.9 million for total
ad valorem revenues of almost $524.8 thousand, while the Manalapan property was valued at
$64.4 million for a total of $1.22 million in ad valorem revenues.
Project 2 - Public Parking: Assemble property in the downtown area, which is Area III,
on the west side of Federal Highway for use as surface parking. As demand increases, the
property could be developed as a parking garage to serve the downtown area. The garage could
contain mixed uses at grade level and on upper stories to enhance activity in the downtown.
Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the
City of Federal Highway by installing visible, attractive signs at the appropriate locations.
Remove any existing signs that are no longer at the entrance to the city due to municipal
expansion. Consider identifying the downtown and gateway communities as well.
Project 4 - Establish a Public Presence: All planning areas except planning Area II
have some type of public presence. Establish a highly visible public use in Area II. A library, fire
station or police substation would be an ideal use in this area to provide service to the northern
portion of the city. Location on the west side of Federal Highway would be preferable for fire or
police facilities to reduce noise impacts on adjacent residential uses. If a public facility is located
101
on the west side, the CRA should work with the Department of Transportation to obtain a
median opening for emergency vehicles.
Project 5 - Address Outdoor Storage: Outdoor storage and display presents visual
blight at both the south end of the corridor and in Area II. At the south end of the corridor, where
outdoor display is located largely in the unincorporated areas of Palm Beach County. The City
should initiate efforts to work with Palm Beach to discontinue this practice. In the remaining
areas that are within the City of Boynton Beach, the City should amortize out the outdoor storage
and display within the Federal Highway Corridor.
Project 6 - Provide Pedestrian Crossings: At major nodes of activity such as signalized
intersections, implement a program for unique materials and designs for pedestrian crossings. In
addition, work with the Department of Transportation to "bulb out" the sidewalks at these
intersections~ This will afford pedestrians slightly more non-vehicular area, and tends to have the
effect of slowing traffic somewhat because of the visual perception of small travel lanes.
102
Federal Highway Corridor
Proposed Zoning
Map 7.1
Legend
Proposed Zoning - R-3 750 0 1,500 Feet
- MU-H1GH D R-l
- MU-llYN'.I D R-1A
- Mu-uwn 0 R-1M
- MU-LCIM 11III Rrc
103
SECTION VIII
NEIGHBORHOOD IMPACTS
OF REDEVELOPMENT ACTIVITIES
The redevelopment area contains a number of residential units. The following section
describes the potential impacts of redevelopment efforts on the residential neighborhoods of the
redevelopment area and surrounding areas. While the potential impacts of the recommended
programs and projects have been identified, it is possible that impacts resulting from
implementation of redevelopment actions may be undetermined. As a result, the potential
neighborhood impacts of site specific projects will be evaluated as each is presented for
consideration by the Community Redevelopment Agency. Development regulations for the
Mixed Use zoning districts are written to protect existing conforming single family residential
areas; however, two established single family neighborhood exist within Planning Area II that
have a Mixed Use land use designation and are zoned for single family residential development.
While these neighborhoods are not considered to be non-conforming, residents of these areas
have some misgivings about the possible conversion of their property, and have requested the
land use designation be amended to a Low Density Residential designation. In order to assuage
their fears, the City should move forward with this request. In addition to providing a measure
of comfort to the property owners, it will reduce the potential number of residents needing to be
evacuated in a major storm event, since all of these properties are located in the Hurricane
Evacuation Zone. It will also make it more difficult for the land to be considered for a higher
density land use designation in the future.
104
Traffic Circulation
The redevelopment area contains an existing roadway network that services the entire
area, with Federal Highway serving as the main transportation artery of the corridor. Because
Federal Highway serves the surrounding neighborhoods and major redevelopment is anticipated
to occur proximate to it, redevelopment activities are not anticipated to effect traffic circulation
within the residential areas.
The major effects of redevelopment efforts on the existing roadway system will occur
through efforts to revitalize and redevelop the core downtown area; Planning Area III. The
development and redevelopment of a compact downtown core should have a positive effect by
encouraging alternate means of transportation, particularly where employment, entertainment
and housing are within walking distance of each other. A recommended component of
redevelopment in Area III, along with the gateway communities of Area II and IV, is sufficient
housing to support the downtown. This will afford residents the opportunity to walk or utilize
alternative modes of transportation for work, shopping or dining.
Although implementation of individual redevelopment projects may reqUIre
improvements or modifications to the existing roadway network, these localized impacts will be
reviewed when specific project design is undertaken. Architectural design should minimize
pedestrian and vehicular conflicts, while signage programs and design guidelines will enhance
the general appearance of the corridor.
Community Facilities and Services
Redevelopment activity within the Federal Highway corridor redevelopment area is
expected to have a positive impact on community facilities and services. In 2005, the City's
Fire/Rescue Station 4 was constructed on Federal Highway just south ofSE 18th Avenue. This is
105
the City's only fire/rescue facility east of the FEC railroad, and should have a positive effect on
response times and insurance rates for properties located in the Federal Highway Corridor.
The plan proposes to add a public presence in Planning Area II, where such a presence
does not currently exist. In addition, the plan proposes residential development and
redevelopment of areas around the core downtown that will provide a variety of housing for all
individuals, and commercial development and redevelopment that will be neighborhood serving.
Effect on School Population
There are no existing public schools within the redevelopment area. The redevelopment
area lies within two of the Palm Beach County School District's Concurrency Service Areas
(CSA); 17 and 19. These service areas are used in assessing public school concurrency. Table
8.1 shows the design capacity for all schools by type compared to 2004/2005 fiscal year and
projected percentage of utilization over the ensuing six years for each of the two CSAs.
Table 8.1. -- School Capacity and Enrollment, 2005-2010/2011
Proiected Percentaee of Utilization
All Facilities by FISH 200412005 200512006 200612007 200712008 200812009 200912010 201012011
School Types Capacity
CSA 17
Hi2h 7,513 87% 90% 97% 105% 106% 109% 113%
Middle 3,582 95% 96% 90% 90% 95% 98% 102%
Elementary 9,127 86% 87% 88% 90% 88% 91% 92%
CSA 19
Hi2h No Hi~h School Facilities in CSA
Middle 3,085 76% 67% 78% 80% 87% 91% 94%
Elementary 4,014 74% 74% 77% 81% 80% 81% 82%
Source: School District of Palm Beach County 2006-2010 Five Year Plan and Capital Budget,
July 1, 2005.
One of the recommended components of this redevelopment plan includes the provision
of additional housing units to strengthen the viability of the core downtown area. The additional
housing units anticipated, however, will likely be apartment units located proximate to the
106
downtown. Because of the unit style and location, it is likely that the resident population of
these units will be predominantly single or two person households. As a result, the impact on the
school population should be minimal. The effects of specific redevelopment projects with a
residential component that creates a net increase in housing are reviewed by the School District
on an individual basis as they are proposed.
Relocation Impacts
As a result of redevelopment activities, a relative few relocation activities are anticipated
to occur. It is not the intent of this redevelopment plan for the CRA to undertake activities that
would cause large scale dislocation of existing residents. Rather, it is anticipated that residential
redevelopment projects undertaken by the private sector may initially result in the need for
relocation on a temporary basis, but will ultimately result in additional housing units available in
the redevelopment area.
Environmental Quality
The redevelopment programs and projects suggested by this plan are intended to improve
the overall environmental quality. The architectural guidelines, improved signage and zoning
changes for will have a positive impact on surrounding residential areas.
107
SECTION IX
GOALS, OBJECTIVES AND POLICIES
The underlying concept behind the goals and objectives contained in the original
Community Redevelopment Plan for the downtown core are still applicable, with minor
revisions to address changing circumstances. The concept of those goals and objectives are
included within this section. Additional goals, objectives and policies have been added to address
the entire Federal Highway corridor.
GOAL 1: The Community Redevelopment Agency will undertake programs and projects to
establish a unique identity for the Federal Highway Corridor Redevelopment Area.
Objective 1.1: Community planning areas shall be identifiable
Policy l.IA: Develop a coordinated signage program that effectively identifies the entrances to
each of the planning communities.
Policy 1.IB: Develop a strategy to promote these community planning areas to citizens and the
general public.
Policy 1.1 C: Ensure that each planning community has a public presence
Policy l.ID: Utilize the waterfront orientation as a unique feature in the redevelopment of the
downtown.
Policy l.IE: Create an environment that encourages a variety of full time activity In the
downtown.
Objective 1.2: Community planning areas shall form a hierarchy that lead to the core downtown.
Policy 1.2A: Create zoning and land development regulations that allow for the greatest building
height and diversity of mixed uses in the downtown.
Policy 1.2B: Create zoning and land development regulations for communities adjacent to the
downtown that allow for a height and mix of uses that provides a transition into the downtown
Policy 1.2C: Maintain existing height regulations for the two planning communities that are the
entrances to the city.
108
Objective 1.3: Community planning areas shall include a balance of sustainable, functional land
uses.
Policy 1.3A: Land uses within the downtown area shall be mixed uses that include residential,
destination commercial, retail and restaurants as well as uses with a marine orientation.
Policy 1.3B: Permitted land uses within the downtown area shall be destination uses and not
those with a vehicular orientation.
Policy 1.3C: Land development regulations for the downtown community shall discourage single
user commercial uses with front field parking.
Policy 1.3D: Land uses within the communities that form the gateways to downtown shall allow
mixed uses that include residential and neighborhood serving retail.
Policy 1.3E: Within the communities that form the gateways to downtown, general commercial
uses that have a vehicle orientation shall be discouraged.
Policy 1.3F: A range of residential styles and intensities shall be encouraged within the
communities that form the gateways to downtown.
Policy I.3G: A range of residential styles and intensities shall be encouraged within the
communities that are the entrances to the city.
Policy 1.3H: Land development regulations shall address buffering and setbacks between
residential uses and non-residential uses to protect the community.
Policy 1.31: Continuing use or adaptive reuse of identified historical structures shall be
encouraged.
GOAL 2: The Community Redevelopment Agency shall foster economIC growth and
redevelopment within the Redevelopment Area.
Objective 2.1: Provide incentives for development and redevelopment.
Policy 2.1A: Land use plan designations to allow for mixed use development, as recommended
by the redevelopment plan, shall be initiated by the CRA.
Policy 2.1B: Land development regulations shall provide alternatives to parking requirements in
the downtown area.
Policy 2.1 C: The Community Redevelopment Agency shall pursue the construction of specified
redevelopment projects within the downtown area. Its role in the projects shall be one of active
109
participation and may include, but not necessarily be limited to, property acquisition, building
demolition, provision of parking facilities and infrastructure improvements.
Objective 2.2: Maximize economic value of development and redevelopment
Policy 2.2A: Development and redevelopment projects that provide for increased employment
opponunities for residents shall be encouraged.
Policy 2.2B: When possible, CRA funding for projects shall be structured to encourage
investment in redevelopment and rehabilitation, in either the same project or adjacent areas.
Policy 2.3C: The Community Redevelopment Agency shall initiate programs and projects that
focus on business development and act as catalysts to leverage additional investment by private
enterprise.
Objective 2.3: Encourage public activity in the downtown community
Policy 2.3A: The Community Redevelopment Agency shall develop a program to market the
downtown.
Policy 2.3B: The CRA shall develop a strategy to provide for regularly scheduled special events
in the downtown area
GOAL 3: The Community Redevelopment Agency will pursue activities and projects that will
create an aesthetically pleasing environment.
Objective 3.1: Provide for appropriate land uses in the Federal Highway Corridor.
Policy 3.1A: Uses that have a vehicular orientation shall not be permitted in the downtown
community; gas stations and auto repair shops shall only be permitted as conditional uses in the
communities that are the gateways to the downtown provided they meet locational and design
criteria.
Policy 3.1B: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune
tellers, body piercing shops, head shops and other similar uses, shall not be permitted to locate
within the redevelopment area.
Policy 3.1 C: Land uses that incorporate outdoor storage or permanent outdoor display shall not
be permitted.
110
Objective 3.2: Provide for appropriate land development regulations.
Policy 3.2A: Land development regulations shall provide a coordinated signage program for the
redevelopment area.
Policy 3.2B: The CRA shall develop an architectural theme and color palate for the
redevelopment area.
Policy 3.2C: The CRA shall develop and implement a streetscape program that may include
street furniture, special signage, unique crosswalk treatments and landscaping.
111
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE
5 UPDATED FEDERAL HIGHWAY CORRIDOR
6 COMMUNITY REDEVELOPMENT PLAN; PROVIDING
7 FOR CONFLICTS, SEVERABILITY, AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the Federal Highway Corridor Redevelopment Plan, which constitutes a
11 partial update of the existing 1983 CRA Redevelopment Plan was adopted by the City
12 Commission ofthe City of Boynton beach on May 15, 2001; and
13 WHEREAS, the Plan update is the result of joint CRA and City Commission
14 workshops where a consensus was achieved on specific direction on redevelopment such as
15 extension of the southern boundary fir planning area IV south, to include properties on the
16 south side of Woolbright Road; and
17 WHEREAS, this updated Plan conforms to the provisions of Chapter 163.362 of the
18 Florida Statues regarding Community Redevelopment Plans and establishes the basis for
19 Comprehensive Plan amendments, Code revisions and rezonings in the Federal Highway
20 Corridor;
21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are true and correct and incorporated
24 herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
25
26 adopts the updated Federal Highway Corridor Community Redevelopment Plan, prepared for
S:\CA\Ordinances\updated Federal Highway Plan Ord.doc
- I -
the City of Boynton Beach Community Redevelopment Agency, dated July 1,2006.
2
Section 3.
All laws and ordinances in conflict with any provisions of this ordinance
3 are hereby repealed.
4
Section 4.
Should any section or provision of this Ordinance or any portion thereof
5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
6 remainder of this Ordinance.
7
Section s.
This Ordinance shall become effective immediately upon passage.
8
FIRST READING this _ day of August, 2006.
9
10 SECOND, FINAL READING AND PASSAGE this _ day of August, 2006.
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor ~ Jerry Taylor
15
16
17 Vice Mayor ~ Carl McKoy
18
19
20 Commissioner ~ Robert Ensler
21
22
23 Commissioner ~ Mack McCray
24
25
26 Commissioner ~ Muir C. Ferguson
27 ATTEST:
28
29
30 City Clerk
31
32
33 (Corporate Seal)
S:\CA \Ordinances\updated Federal Highway Plan Ord.doc
- 2 -
/~~\~YC \
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VIII.-PUBlIC HEARING
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORn'.
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
o August I, 2006
o August ]5,2006
o September 6, 2006
o September 19,2006
July 17,2006 (Noon.)
o October 3. 2006
o October 17, 2006
o November 8, 2006
o November 21, 2006
September 18, 2006 (Noon)
July 31, 2006 (Noon)
October 2,2006 (Noon)
August 14,2006 (Noon)
October 16,2006 (Noon)
September 5, 2006 (Noon)
November 6,2006 (Noon)
NATURE OF
AGENDA ITEM
0 AnnouncementslPresentations 0
0 Administrative 0
0 Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
_...-.~ -.-{
...._~ ~-<
City Manager's Report '.-
New Business
Legal
UnfInished Business
f'.)
,.
...._~"
c:)
RECOMMENDATION: Please place this request on the August 1,2006 City Commission Agenda under Public ..'-
Hearing. The Conununity Redevelopment Agency Board on July II, 2006, reconunended approval of a six (6) month time
extension in lieu of the 12 month request. For further details pertaining to the request, see attached Department Memorandum
No. 06-133.
., ;
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Ul
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason S. Mankoff ofW einer & Aronson, P.A.
New Century Companies, LLC
Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard
Request for a one-year site plan time extension for approved site plan and height
exception granted on August 2,2005, from August 2,2006 to August 2,2007.
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNA TIVES:
N/A
N/A
N/A
UC'~M .
~ Ity anager's SIgnature
Assistant to City Manager
~IJ~
Planning alliI 20 . g Irector City Attorney / Finance
S:\Planning\SHAREDlWP\PROJECTS\Heritage Club @ Boynton Beach\SPTE 06-006\Agenda Itcm Request Heritage Club SPTE 06-006 8-] .06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
TO:
THRU:
FROM:
DATE:
PROJECf:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-133
Chair and Members
Community Redevelopment Agency Board
Michael RumPf~
Director of Planning and Zoning
Kathleen Zeitler )C2-
Planner
July 3, 2006
Heritage Club / SPTE 06-006
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
New Century Companies, LLC
Michael S. Weiner, Esquire and Jason S. Mankoff / Weiner & Aronson, P.A.
Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard (see Location Map - Exhibit "A")
Special High Density Residential (SHDR - 20 du/ac)
Planned Unit Development (PUD - 20 du/ac)
No change proposed
No change proposed
Office: 6,544 square feet
Retail: 9,494 square feet
Restaurant: 3,500 square feet
Residential: 70 Townhouse Units, and 96 Multi-family Units
361,635 square feet (8.302 acres)
Developed property (self-service storage) designated Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
Developed outparcel (adult entertainment) designated Local Retail Commercial (LRC)
and zoned Community Commercial (C-3), then the right-of-way of Gulfstream
Boulevard, then developed commercial (fast-foOd and office building) designated Local
Retail Commercial (LRC) and zoned Community Commercial (C-3);
Page 2
Memorandum No. PZ 05-140
East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream
designated Recreation (REC) and zoned Outdoor Recreation (OR); and
West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then a recently
approved project (Boynton Dixie) designated Medium Density Residential (MDR) and
zoned Planned Unit Development (PUD) for 82 townhouse units.
BACKGROUND
Mr. Michael Weiner, Esquire, agent for the applicant (New Century Companies, LLC) is requesting a one (1)-
year time extension for the Heritage Club at Boynton Beach Site Plan Development Order (NWSP 05-014)
which was approved by the City Commission on August 2, 2005. The site plan approval is valid for one (1)
year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration
date of this site plan, including concurrency certification would be extended to August 2, 2007.
According to the original site plan staff report, the proposed Heritage Club at Boynton Beach is a Planned Unit
Development approved for a large scale, mixed-use project containing 19,538 sq. ft. of commercial (office,
retail and restaurant) and 166 multi-family residential units. The project has been approved for the following:
a Land Use amendment (LUAR 05-005) from Local Retail Commercial (LRC) to Special High Density Residential
(SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-005) from Community Commercial (C-3) to Planned
Unit Development (PUD) zoning district, a new Site Plan (NWSP 05-014), and a Height Exception (HTEX 05-
004).
The subject property is currently developed with a one (l)-story shopping center and related parking areas.
Redevelopment of the site includes razing the existing commercial buildings and replacing them with two (2)
proposed 4-story mixed-use buildings, including their interior parking garages, and thirteen (13) 3-story
townhouse buildings.
The approved site plan divides the property into two distinct areas, both in function and in architectural design.
The proposed commercial uses would be placed on the ground floors of two (2) four-story structures along the
Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a
restaurant containing 3,500 square. feet of space. Condominium residential uses would occupy the upper
floors. To the west of the mixed use building on the north would be a residential building, also containing four
stories. This building and the mixed use building fronting on Federal Highway would contain a total of 84
residential units. The south mixed use building would have 12 residential units on the upper floors. A five-unit
townhouse structure, three stories in height, would be located west of the south mixed use building. The two
mixed use structures, separated by a "main street" that forms an enby into the property from Federal Highway,
will connect with the townhouse uses on the western portion of the site. The north buildings will enclose a
four-level parking structure, two (2) outdoor recreation areas and a one-story clubhouse/activity area. The
south commercial building and the adjacent townhouses will enclose a 2-level parking structure. The proposed
broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas.
West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on
Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the
project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the
access to the townhouse area provided from the "main street", a secondary access is provided on Gulfstream
Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of
the property.
Page 3
Memorandum No. PZ 05-140
The mixed use buildings and their adjacent residential structures are designed in a "post-modern" architectural
style, while the townhouses are "traditional" in design. In using different architectural styles, the developers
have created two distinct areas for the development, with the more vibrant and urbane mixed use portion
along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway.
Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along
Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream
Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the
mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas.
A Height Exception (HTEX 05-004) was also approved for this project at the time of site plan approval. The
height exception is only for the mixed-use buildings (Buildings 1 and 2) that have portions of their structures
that exceed the district's maximum height threshold of 45 feet. The elevations show that several decorative
towers would reach as high as 60 feet in height, however they account for a small percentage (10%) of the
entire roofline. Both mixed-use buildings would meet code as it relates to building height because their roof
level would be 41 feet in height and the top of the parapet wall would be 46 feet in height. The parapet wall
may exceed the 45-foot threshold only if the wall itself is five (5) feet or less in height. Approval of the
requested site plan time extension will also extend the previously approved height exception for the mixed
use buildings.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the application for time extension on May
24, 2006, a total of 70 days prior to the expiration date of the new site plan.
According to the time extension application, Mr. Mankoff indicates that the property owner / developer, New
Century Companies LLC, has been "diligently working to secure a building permit for the project" and lists the
following accomplishments as demonstrating their "good faith" efforts: (1) site permit, plat, and other
engineering permit applications have been submitted; (2) construction documents are approximately sixty
percent (60%) complete; (3) environmental report approved for remediation of dry cleaners, and (4) capacity
reservation fees in the amount of $30,120.55 have been paid in full to the City.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for the Heritage Club
project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential
units. Based on the Traffic Division's review, it has been determined that the residential portion of the
proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm
Beach County which exempts residential units from traffic concurrency requirements, while the retail and
office components would generate less daily and peak hour trips than the existing retail space which is to be
demolished. The project meets the Traffic Performance Standards of Palm Beach County, but is contingent
upon the provision of a southbound exclusive right-turn lane onto the project access driveway on North
Federal Highway. No building permits are to be issued after the build-out date of 2008.
Page 4
Memorandum No. PZ 05-140
As for utilities, the applicant has paid the required utility reservation fee to the City, however the reservation
will expire on August 31, 2006. Per the Utilities Director, if the applicant obtains building permits or pays the
full capital facilities charge prior to the August 31, 2006 expiration date, the reservation will not have to be
renewed. otherwise, the applicant will be subject to applying for a renewal of the utilities reservation (see
Exhibit "c" - Conditions of Approval).
The site plan time extension is still subject to the original 71 conditions of site plan approval, with the
exception of Condition #9, regarding payment of the utilities reservation fee. Lastly, no new land
development regulations are now in place against which the project should be reviewed and modified.
SUMMARY/RECOMMENDATION
Staff recommends approval of this request for a one (1 )-year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) for the Heritage Club at Boynton Beach project. If this request for
extension were approved, the expiration of this site plan, including concurrency certification, would be
extended to August 2, 2007. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and
economic revitalization. The proposed Heritage Club at Boynton Beach project will provide an opportunity for
redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby
properties, and contribute to the overall economic development of the City. In addition, the Heritage Club
project is proposed at a scale and massing that will proVide a transition into the downtown area and provide a
variety of housing and mixed uses on site. If this request for site plan time extension is approved, all
outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the
building permit process.
S:\Planning\SHARED\WP\PROJECTS\Heritage Oub @ Boynton Beach\SPTE 06-006\Staff Reportdoc
LOCATION MAP
Heritage Club @ Boynton Beach
Exhibit A
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EXHIBIT "e"
Conditions of Approval
Project name: Heritage Club at Boynton Beach
File number: SPTE 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval.
~.~
Heritage Club SPTE 06-006
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
2. The utilities reservation for this project will expire on August 31, 2006 unless
the applicant obtains building permits or pays the full capital facilities charge
by August 31, 2006. Otherwise, the applicant will be subject to applying for
a renewal of the utilities reservation.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Heritage Club@ Boynton Beach\SPTE 06-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Heritage Club at Boynton Beach
APPLICANT:
New Century Companies, LLC
APPLICANT'S AGENT:
Michael S. Weiner, Esquire / Weiner & Aronson, P.A.
AGENT'S ADDRESS:
102 North Swinton Avenue, Delray Beach, Florida 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 1, 2006
TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) to August 2, 2007
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard (see Exhibit "A" - Location Map).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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'I.SHARED\WP\PROJECTS\Heritage C1ub@ Boynton Beach\SPTE 06-006\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 11, 2006
Mr. Arthur Forester, a resident of Laurel Hills, which abuts the industrial park advised the
existing fence was in shambles and in some sections, was missing. He was looking for strong
sturdy fencing to keep animals, vagrants and truck noise out. He thought the fence was of good
design and a suitable replacement offering security, aesthetics and safety.
All property owners within 400 feet were noticed. Ms. Zeitler clarified the two foot limited access
easement was within FPL's six (6) foot utility easement. The western edge had a two (2) foot
limited access easement and to the east of that was the remaining four (4) feet of the FPL
easement.
A neighborhood homeowner agreed with the comments made by Mr. Forester. She expressed
her home was broken into in February and the fence needed to be addressed.
Ms. Bonnie Altadonna, a resident for 31 years, expressed concern with the dilapidated
condition of the fence and pieces of the fence were falling down. She asked where the liability
rests.
Motion
Ms. Heavilin moved to approve the request for relief from Chapter 2, Zoning, Section 4.L. Ms.
Horenburger seconded the motion that unanimously passed.
B. Heritage Club
Site Plan Time Extension
Project:
Agent:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason
S. Mankoff of Weiner & Aaronson, P.A.
New Century Companies, LLC
Northwest corner of the intersection of
Federal Highway and Gulfstream Boulevard
Request for a one-year Site Plan Time
Extension for approved site plan and height
exception granted on August 2, 2005, from
August 2, 2006 to August 2, 2007.
Location:
Description:
Ms. Zeitler, Planning and Zoning, presented the request. The project was approved for 6,544
square feet of office, 9,494 square feet of retail, 3,500 square feet of restaurant, 70 townhome
units and 96 multi-family units on 8.3 acres. The applicant received a land use amendment from
Local Retail Commercial (LRC) to Special High Density Residential, a rezoning from Community
Commercial to PUD and a new site plan and height exception.
The applicant was requesting a time extension of one year. The site plan was originally approved
on August 2, 2005. Ms. Zeitler explained if the applicants did not have their building permit by
the expiration of the one-year time period, they would need to apply for an extension. The
request, if granted, would change the new the extension to August 2/ 2007 and would include
their concurrency certification. Staff recommended approval, subject to the 71 conditions of
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 11, 2006
approval. The environmental report has been approved for remediation of the dry-cleaners and
the Capacity Reservation Fee in the amount of $30,120.55 has been paid in full.
Ashley Vargo, Weiner & Aaronson, 209 N. Sea crest Blvd., representing the co-applicant,
New Century Companies, LLC, agreed with staff and the presentation. She clarified New Century
Companies LLC was the contract vendee and co-applicant with 3,600 Holdings LLC who was the
actual owner of the property.
Ms. Heavilin asked for the basis of the request. Ms. Vargo indicated the hurricane slowed them
down as did the remediation approvals for the dry-cleaners.
Ms. Horenburger inquired why the client had not acquired the property and thought by this time,
the property would have been acquired. She also announced they had previously discussed the
site plans they see on a regular basis that cannot meet the one year deadline. She wanted to
make a motion the CRA formally ask the City Commission to have site plan approvals last for 18
months as opposed to one year. This concept would be discussed later in the meeting. Ms.
Vargo also responded the closing was set for October.
Chair Tillman opened the floor for public hearing. There were no comments received.
Motion
Ms. Horenburger moved to extend the site plan for six months to make the request an even 18
months. If the City Commission entertained what they would be discussing later, it would be
consistent. Vice Chair Norem seconded the motion.
Ms. Heavilin was not comfortable with the six-month extension. She felt the approval should be
consistent with other site plans they have approved for 12 months. Ms. Horenburger explained
this would be a starting point. Mr. DeMarco agreed with Ms. Horenburger. Ms. Zeitler explained
the Code had regulations for increments of one-year time extensions. She also pointed out there
were two staff conditions of approval attached to the request, one of them being the Utility
Reservation Fee.
Attorney Spillias indicated if the six-month extension was not in the Code, it would, in effect,
constitute a denial. Ms. Zeitler read from the Code which indicated the extension could be made
for up to 12 months. Ms. Vargo requested the extension for one year. Ms. Horenburger
responded they could come back in six months for an extension.
Vote
A vote was taken on the motion. Motion passed 4-1 with Ms. Heavilin dissenting.
C. Federal Highway Corridor Plan
Ms. Vivian Brooks, eRA Planning Director announced the plan changes were a result of
various studies conducted resulting from the 20/20 Plan. This request would make the Federal
Highway Corridor Plan consistent with the consensus of several joint and City workshops. They
were also updating the corridor plan with comprehensive plan changes made as a result of the
adoption of the plan, which took place a few years ago. The document was the marked up draft,
5
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
[8] August], 2006 Ju]y ]7,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) '--)
0 ':.~) --~
0 August 15, 2006 July 31, 2006 (Noon) October 17,2006 October 2,2006 (Noon).,-, --.~-~ ../
---~: ~..........
C__ --<: t:-:;
0 0 ~_._---- .,
September 6, 2006 August 14,2006 (Noon) November 8, 2006 October 16, 2006 (Noonf- 'ctj
~'-'.
0 0 ~~. _.~ ,-
September] 9,2006 September 5, 2006 (Noon) November 21,2006 November 6, 2006 (Noon)
-.-'.
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
[8] Public Hearing
o City Manager's Report
o New Business
o Legal
o UnfInished Business
o
o
8
.~
~rn
.:~") -"'.:~
no
C}'1
RECOMMENDATION: Please place this request on the August I, 2006 City Commission Agenda under Public
Hearing. The Community Redevelopment Agency Board on July II, 2006, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06- I 32.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Boynton Industrial Park North (ZNCV 06-008)
Merle Denbesten
Boynton Industrial Park POA, Inc.
West of 1-95 and north of Boynton Beach Boulevard. Strip of land two feet wide by
1,705 feet in length located west of the 60 foot right of way of West Industrial Avenue,
opposite lots 118 of the Laurel Hills Subdivision (3rd Addition) through lots 165 Laurel
Hills Subdivision (4th Addition), which are located north ofNW 8th Avenue
Request relief from Chapter 2, Zoning, Section 4.L. - buffer walls, to allow a six (6) foot
steel privacy fence along the west property line of Boynton Industrial Park North, in lieu
of the required six (6) foot stucco masonry buffer wall required to separate an industrial
zoning district from an abutting residential zoning district.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
CIJJl,5ity Manager's Sign?tture
! )
jVLr. {,j L .L
Planning and' Zonintthrector City Attorney / Finance
S:'J'lanningISHARED\WP\PROJECTSIBoynton Industrial Park ZNCVlAgenda Item Request Boynton Industrial North Pk ZNCV 06-008 8-I-06.dot
Assistant to City Manager
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
Meeting
Date:
File No:
Location:
peN:
Agentl
Owner:
Project
Name:
Variance
Request:
Property
Location:
North:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-132
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION
July 11, 2006
ZNCV 06-008
On the west side of West Industrial Avenue, north of NW 8th Avenue
08-43-45- 20- 20-000-0000
Merle Denbesten / Boynton Industrial Park POA, Ine.
Boynton Industrial Park North - Buffer Wall
Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot
steel privacy fence along the west property line of Boynton Industrial Park North, in
lieu of the required six (6) foot stucco masonry buffer wall required to separate an
industrial zoning district from an abutting residential zoning district.
The site is located west of 1-95 and north of Boynton Beach Boulevard (see Exhibit
"A" Location Map). The subject property, totaling 0.078 acre, is currently zoned M-
1 (Light Industrial) and classified Industrial (I). The subject property is legally
described as the west two (2) feet of the Plat of Boynton Beach Industrial Park
North, less the north 332.40 feet. More specifically, the subject property is a strip
of land two feet wide by 1,705 feet in length which is located between the eastern
limits of Laurel Hills Subdivision (3rd and 4th Additions) and the 60 foot right of way
of West Industrial Avenue, at the western limits of Boynton Industrial Park North
(see Exhibit "B").
The following is a description of the land uses and zoning designation of the
properties that surround this site:
Right-of-way (285 feet in width) for Boynton Canal (C-16), farther north (across
canal) property classified Industrial (I), zoned Planned Industrial District (PID) and
developed as industrial uses;
Page 2
Memorandum No. PZ 06-132
ZNCV 06-008
South:
Tract "B" including a 50 foot easement along the west property line of Boynton
Industrial Park classified Industrial (I), zoned light Industrial (M-I), and developed
as industrial;
East:
Right-of-way (60 feet in width) for West Industrial Avenue, and farther east
property classified Industrial (I), zoned light Industrial (M-I), and developed with
industrial uses as Boynton Industrial Park North; and,
West:
Property classified low Density Residential (lOR), zoned Single Family Residential
(R-IA), and developed as a single family residential subdivision (laurel Hills, 3rd
and 4th Additions).
NATURE OF REQUEST
The subject property is a two (2) foot strip of land platted as part of Boynton Beach Industrial
Park North. The subject property lies between a residential subdivision (laurel Hills) and a 60
foot right-Of-way (West Industrial Avenue). Currently, there is a masonry buffer wall located on
the subject property, but over the years it has fallen into disrepair and must be replaced. The
Boynton Industrial Park Property Owners Association, Inc., owner of the subject property, is
requesting a zoning code variance to seek relief from Chapter 2, Section 4.l. of the current land
Development Regulations which states as follows:
l. BUFFER WAllS. For new construction or major modification to existing developments,
where a commercial and/or industrial district abuts a residential district, a solid, stucco
masonry wall painted on both sides at least six (6) feet in height shall be located within
the required side and/or rear yards except with respect to corner lots, said buffer walls
shall be required only on interior lot lines. Said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shall be setback two (2) feet from adjoining property lines.
The applicant explains that due to the narrowness of the subject property and the existing
easements, a masonry wall can not possibly comply with the current setback requirement of two
(2) feet without encroaching into the adjacent FPl easement located within the right-of-way.
The applicant is proposing to construct a steel privacy fence (in lieu of the masonry wall) within
the two (2) foot wide strip owned by the Industrial Park, in order to comply with the setback and
encroachment restrictions of buffer walls.
Industrial properties, due to the intensity of their uses, are required to provide for additional
buffering to minimize land use conflicts when located adjacent to residential neighborhoods.
landscaping elements, including dense vegetation, berms, and buffer walls, can proVide
~ffective barriers, and mitigate the impacts of unattractive views, vehicle headlights, and noise,
Nithout sacrificing the functional necessities of the industrial site.
Page 3
Memorandum No. PZ 06-132
ZNCV 06-008
The buffer wall is required only along the west property line of the Boynton Industrial Park North
where it is adjacent to residential lots. The west property line of the Boynton Industrial Park
North runs north and south, parallel with West Industrial Avenue, for a length of 1,705 feet. The
west property line also comprises the rear property lines of the adjacent residential lots in Laurel
Hills. The buffer wall is required to be at least six (6) feet in height and located at least two (2)
feet from the property line so that it can be maintained without trespassing onto adjacent
properties.
The applicant is proposing to construct a six (6) foot steel fence in lieu of the required minimum
six (6) foot masonry wall. The variance request is to the construction material of the buffer wall,
and is necessary to comply with the required setback and prevent encroachment into an
easement.
The proposed steel fence is manufactured by Basteel Perimeter Systems (www.Basteel.com) and
consists of precision-formed, high strength steel posts, rails, and panels, all galvanized for
superior corrosion resistance, with a custom bonded color-coat finish intended to resist fading,
chalking, and peeling (see Exhibit "e"). This low maintenance fence is hurricane-rated for 140
miles per hour wind load and consists of a unique, alternating panel design which promotes air
flow, yet provides screening. The panels are finished on both sides for an equally attractive
front and back of the fence. The applicant proposes a six (6) foot white steel fence to replace
the worn masonry louvered fence/wall. A few sections of the proposed fence have been
installed on the subject property for inspection purposes.
BACKGROUND
Boynton Beach Industrial Park North was platted in 1981 (Plat Book 43, Pages 20-22) and
includes the following note under Dedication and Reservation 2. Easements C. "The 2.00 foot
limited access easement along the west line of the plat as shown hereon is for the construction
and maintenance of a buffer wall and is hereby dedicated to the Boynton Industrial Park
Property Owner's Association, Inc. and is the perpetual maintenance obligation of said
Association". Within the area reserved for the buffer wall is a two (2) foot wide limited access
easement which is indicated on the recorded plat and survey submitted.
The applicant indicates that the existing masonry (louvered) buffer wall was constructed in the
early 1980's and met the zoning code requirements at the time. However, the existing buffer
wall does not comply with the two (2) foot setback from the adjoining residential property which
is required by the current code. Therefore, the existing buffer wall is considered to be a
nonconforming structure by today's standards. A nonconforming structure may undergo normal
maintenance and repair and remain nonconforming. However, total replacement of the wall is
necessary, and a new wall is required by the code to comply with current requirements.
Justification for the requested variance was submitted by the applicant (see Exhibit "0"). The
applicant's justification statement indicates that due to the narrow (2 foot) width of the subject
property, and an adjoining FPL utility easement within the right-of-way, replacement of the
existing masonry wall with another masonry wall would require large continuous footers which
would either not comply with the two (2) foot setback, or would encroach into the FPL easement
Page 4
Memorandum No. PZ 06-] 32
ZNCV 06-008
and right-of-way, or both. FPL's letter states that no encroachment into the easement will be
allowed (see Exhibit "E"). The City Engineer has reviewed the applicant's request and finds the
following: (1) that the repair or replacement with a masonry wall is impractical due to the
limited width (two-feet) of the limited access easement and its location at the edge of a FP&L
easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is compatible and
meets the intent of the requirement to screen the industrial uses from the adjacent residential
uses (see Exhibit "F").
ANALYSIS
The Board has the authority to grant a variance that will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the city ordinance would result in
unnecessary and undue hardship. However, the code states that a zoning code variance cannot
be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same Zoning district.
The narrow strip of land on which the subject buffer wall is required to be installed lies
between a residential subdivision and a 60 foot right-of-way. The two (2) foot wide strip
of land contains a two (2) foot limited access easement for maintenance of the required
buffer wall. The plat for Boynton Industrial Park indicates that the two (2) foot limited
access easement is included within a six (6) foot Florida Power & Light utility easement.
Replacement of the existing masonry wall is necessary due to disrepair. However,
replacement with a similar masonry louvered wall would use of a crane, which staff
understands to be precluded by the existence of overhead power lines within the FPL
easement. Current code requirements regarding setbacks and easement encroachment
cannot be met without the requested variance due to site constraints.
b. That the special conditions and circumstances do not result from the actions of the
applicant
At the time the existing buffer wall was constructed, it complied with code requirements.
Due to code revisions since then that stipulate that "said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shaH be setback two (2) feet from adjoining property lines", a variance to this provision is
required, and is not due to actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
This site and it's constraints present a unique situation that is not applicable to others in
the same zoning district. The granting of the variance will not confer any special privilege
on the applicant that is denied by the ordinance to others.
Page 5
Memorandum No. PZ 06-] 32
ZNCV 06-008
cf. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant.
Literal interpretation of the provIsions of the ordinance regarding the buffer wall
requirements would present an undue hardship on the applicant. Due to the two (2) foot
width of the subject property and the adjacent utility easement, it is not pOSSible for a
masonry wall to comply with the two (2) foot setback, and not encroach into the adjacent
utility easement. The utility provider (FPL) has denied permission to encroach into the
easement (see Exhibit "Et').
e. That the variance granted is the minimum variance that will make pOSSible the reasonable
use of the land, building, or structure.
The applicant is requesting the minimum variance, in that the variance requests a buffer
wall of an alternative material other than masonry, to allow the proposed buffer wall to
comply with the required setback and not encroach into the adjacent utility easement.
The applicant is proposing to construct a six (6) foot high steel fence which is hurricane-
rated for 140 mile per hour wind speeds, in lieu of a masonry wall.
f. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter [ordinance] and that such variance will not be injurious to the area
involved or othelWise detrimental to the public welfare.
The granting of the variance will meet the general intent and purpose of the ordinance,
which is to buffer industrially-zoned property from residentially-zoned property with a
continuous barrier. Granting of such variance will not be injurious to the area or
detrimental to the welfare of the public.
g. Variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of
such property would cause the adjacent property or structures to becoming
nonconforming. Applicant shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of
additional property.
This criteria is not applicable to the requested variance. The requested variance is to the
building materials of the required masonry wall, not a variance to the minimum lot area or
lot frontage requirements.
RECOMMENDATION
Staff recommends approval of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a steel fence in
lieu of the required minimum six (6) foot high stucco masonry buffer wall to separate an
industrial district from the abutting residential district. It is the position of staff that the
Page 6
Memorandum No. PZ 06-132
ZNCV 06-008
applicant has demonstrated that this request represents an undue hardship or the minimum
necessary to make possible the reasonable use of the property. The purpose of the buffer
requirement is to provide a visual and noise barrier between the residential and industrial
properties. Due to site constraints, there are no alternative solutions which comply with the
code requirements without the need for the requested variance.
Staff conditions and any other condition(s) recommended by the Community Redevelopment
Agency Board or the City Commission will be included in Exhibit "G" - Conditions of Approval.
S:\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton industrial Park North\ZNCV 06-008\staff report buffer wall.doc
MWR/kz
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1 in. = 205.1 feet
1640
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SUBJECT PROPERTY
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C)
BOYNTON INDUSTRIAL PARK POA, INe.
250 N.E. Dine Highway
Stuart, FL 34994
April 25. 2006
City of Boynton Beach
Planning & Zoning Division
P.O. Box 310
Boynton Beach, FL 33425-0310
Subject: Code Variance - Buffer Wall- West Industrial Avenue
Gentlemen:
Please consider the following prevailing conditions and circumstances that prohibit
compliance with existing City of Boynton Beach Codes; Chapter (2) Section (4)
Reference (L) in replacement of existing dectepit buffer wall.
A. Strip of land, owned by BIPPOA on which subject buffer wall is required to
be installed, is only two (2') feet wide and is located at the western
extremity of a long standing FPL Utility' Easement ER No.7034 granted
August 19, 1961 (O.R.B. 672, Pgs. 40-41) and the eastern extremity of
Laurel Hills Third Addition (Plat Book 23, Page 126) and Fourth Addition
(Plat Book 23, Page 142).
B. The dedicated property on which the present buffer wall was constructed
during early 1980's by developer complied with the codes in existence at
that time. Allotted space is inadequate for oompliance with current codes
without variance.
c. Weare unaware of any similar circumstanceS in zoning district that would be
adversely affected by requested varianCe.
D. Code requirements for building a concrete, masonry or stucco wall without
encroaching on another property or easement is not possible within the 2'
strip of land owned by BIPPOA. Enclosed please fiDd copy of a letter from
Florida Power & Light, dated. April 7, 2006 and under the signature of
Joseph O'Hagen, which denies any encroachment upon their easement. This
obviously produces an Wltenablehardship upon land and BIPPOA.
EXHIBIT "0"
Page 2
E. The only alternative we have found meeting the 140 mph hurricane code
and feasible to install within the 2' space is the Basteel shadow box buffer.
wall/fence. By granting variance requested a very aesthetically pleasing and
protective buffer intended by . the code can be realized. .
F. Chapter (2), Section (4). Reference (L) is achieved and is in no way
potentially detrimental of public welfare.
G. There is no practical alternative land available for acquisition by BIPPOA
on which a buffer wall that meets existing codes could be constructed.
We appreciate your consideration in granting our variation request
Sincerely,
~ .
Merle DenBesten, Vice President
AFFIDA VlT:
This is to certi1}r that no conditions exist whereby additional adjacent land could be
acquired by BlPPOA for purpose of constructing of Buffer Wall between Laurel
~IISThird andF~....Induscri"~venue..
SIgned; ~. Vice PreslCfent for
Boynton Industrial Park Property Owners Association, Inc.
SWORN AND SUBSCffiED BEFORE ME THIS. ;15 TH DAY OF J!h.~' ,." J
2006 ~
NOTARY:
COmmission Expires:
8Apr.24. 2006:' 1 : 21PM:l6'32:YF"'IHR SE
~ f".l~ LlM'tJ<
No. 3035;:1& p, '
-
F=PL-
AarWlI """IJIM COII(IeIlf, '.0." 14M....... ft..-..
EXHIBIT "E"
April 7, 2006
Mr. Rj,chaId Ko7.t1J. Pre$ident
Boynton Beacb Property 0wDex$ AssociatiOZl. Inc,
2S0 N. E. Dixit Highway
StusrI, FL 34994
RE: Use of Florida Power &. Light Easement
Dear Mr. Kozell:
YQUt A$Soeiation has ulted permission to enaoad1_ me easement fur the
tramrni~tOD right-or.~ lIlong the west 3idc 01 West Indusui8I Avenue in Boyntr)n
Beacl1..
At present. the easement is mucll natrOMf in 'Width tt. the sQDdards ~ lISC for
acquiring ~ p!Opaty rights. The opaatioos qineers orFl~ Power.t Light
Company would swt be able to repair or Iq)Iace the c:xhtiDg pole ~ if"fYIC a1lo'M:d
the AJsociatiOll to coaoacl1 by three feet into the Ul(eJDeIIt for . sttuctul'aI foothIa for the
new fence. At ~ there is only. four foot ~<<tion from 1bc cxl~ feDcc to tbe
wooden pole suuctures.
, Florida Powor &. Light Company cannot .!low the use of Ibis right-of-way fw the
~ fence. PlClllJe COIIIider other options for a ~ without intruc:hg ~ the
easement.
If you need Ill)' additional information, please let me know.
~y,
Florida Power &: Light Company
~..D'7/dj~ k
Joseph O'Hagan
CoJporate Real Estate
Copy: Michael W. Rumpf, DireCtor ofPlaDning and Zoning
.. '"' e,... cotIIpHY
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EXHIBIT "F"
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-069
TO:
Ed Breese
Principal Planner
FROM:
Kathleen Zeitler
Planner k
H. David Kelley, Jr., PE/PSMV
City Engineer
DATE:
June 23,2006
SUBJECT:
Buffer Wall Variance
Boynton Industrial Park North
Pursuant to your e-mail dated yesterday, we have reviewed your request in regards to the installation of a
metal fence in lieu of a "stuccoed masonary wall and/or a engineered pre-cast concrete slat wall, etc.
Since the record plat reflects only a 2-foot Limited Access Easement (LAB) between the record plat
property line and the edge of a FP & L easement, a replacement wall of this type and size would be
impractical. Therefore, the repair/replacement of the required masonry material is not recommended.
Upon review the material for the proposed Basteel Perimeter System steel wall, we find it to be
compatible and meets the intention of the original development condition of a screen wall between this
industrial development and the residential units to the west. Maintenance will also be an added benefit in
that it will require less effort. Therefore, it finds this alternative acceptable to the original condition. ,
If you have any questions regarding this matter, please me at telephone extension #6988.
xc: Laurinda Logan, PE, Senior Engineer
- File
S:\Engineering\ Memorandums\Memorandums 2006\06--069 KELLEY- Industrial Park North Buffer Wall Varience.doc
EXHIBIT "G"
Conditions of Approval
Project name: Boynton Industrial Park North Buffer Wall
File number: ZNCV 06-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVlRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Industrial Park North ZNCV\ 06-Q08\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Industrial Park North
APPLICANT'S AGENT: Mr. Merle Denbesten, Boynton Industrial Park POA, Inc.
APPLICANT'S ADDRESS: 1060 West Industrial Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 1,2006
TYPE OF RELIEF SOUGHT: Buffer Wall ZNCV 06-008: Relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer
Walls, to allow a six (6) foot steel privacy fence along the west property
line in lieu of the required six (6) foot stucco masonry buffer wall
required to separate an industrial district from an abutting residential
district.
LOCATION OF PROPERTY: North of NW 8th Avenue on the west side of West Industrial Avenue,
Boynton Beach, FL 33426
DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO.
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 "E" 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\Boynton Industrial Park North ZNCV\06-008\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 11, 2006
Motion
Ms. Heavilin moved to approve the agenda as amended. Mr. DeMarco seconded the motion
that unanimously carried.
V. Public Comments
There were no public comments received.
VI. Consent Agenda:
A. CRA Board Minutes - June 13, 2006
B. CRA Financial Results - June 30, 2006
C. Fa<;ade Grant Reimbursement - Main Street Car Wash - $15,000
D. CRA Budget Amendments - June 30 2006
Motion
A motion was made by Mr. to approve the Consent Agenda. Ms. Horenburger seconded the
motion that unanimously carried.
VII. Public Hearing
Old Business
There were no public hearings for this Item.
New Business
A. Boynton Industrial Park North
Zoning Code Variance
Project:
Owner:
Location:
Boynton Industrial Park North (ZNCV 0-008)
Merle Denbesten
Boynton Industrial Park POA, Inc. West of 1-95 and
north of Boynton Beach Boulevard. Strip of land two
feet wide by 1,705 feet in length located west of the
60 foot right-of-way of West Industrial Avenue,
opposite lots 118 of the laurel Hills Subdivision (3rd
Addition) through lots 165 laurel Hills Subdivision
(4th Addition), which are located north of NW 8th
Avenue.
Request relief from Chapter 2, Zoning, Section 4.L.
buffer walls, to allow a six (6) foot steel privacy fence
along the west property line of Boynton Industrial
Park North, in lieu of the required six (6) foot stucco
Description:
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 11, 2006
masonry buffer wall required to separate an
industrial zoning district from an abutting residential
zoning district.
Attorney Spillias announced these were quasi-judicial hearings. He asked whether the board
members had any ex-parte communications on Items A, B or C. There were no communications
disclosed. Attorney Spillias administered the oath to all persons wishing to speak on the items.
Ms. Kathleen Zeitler, Planning and Zoning presented the request. The property was located
on the western limits of the industrial park. The plat indicated a two foot limited access
easement along the western property line of the industrial park. She explained this was platted
for maintenance of the required buffer wall. On the opposite side was an FPL Utility Easement
and a 60 foot right-of-way for West Industrial Avenue.
Staff reviewed the request and indicated it met the criteria for variance approval. Due to the two
foot width of the property, it was not possible for the existing masonry wall to be replaced with a
new masonry wall because of the footer requires three feet in width. FPL, in a letter, indicated
no encroachment into the easement would be allowed. The City Engineer reviewed the request
and recommended utilizing the steel fence in lieu of the masonry wall. Staff recommended
approval.
Vice Chair Norem had questions about encroachment of the easement, and asked whether FPL
would have approved the request if the footer were underground. He also asked if the original
request to FPL was to encroach three feet into their easement. Ms. Zeitler responded the letter
asked to be allowed to encroach and the response was no.
Mr. John Phillips, owner of lots 4 and 5, explained the issue was longstanding. The footer
needed for a masonry wall was 36 inches. The association owned 24 inches, requiring a 12-inch
encroachment. The letter asked for three feet and FPL denied any and all encroachments. There
was a short discussion regarding follow-up. Ms. Zeitler added FPL was aware the encroachment
would be an underground encroachment and had a concern their ability to repair their poles
would be impaired. Mr. Phillips explained the total FPL easement was six (6) feet, of which two
feet was a limited access easement. He thought if they moved into the easement even one foot,
with the poles there exceeding 40 or 50 feet in height, he thought FPL's concerns centered
around the conflict of those footings and the liability for the wall. There was also a short history
of the existing masonry wall that needed to be replaced. Ms. Horenburger explained it was her
experience if a meeting were held with FPL, sometimes accommodations could be made. Ms.
Zeitler explained at the time the original wall was constructed, the Codes were different. She
clarified the choices were to ask for either a variance for setbacks or encroach into the easement.
She clarified the applicant has opted for the steel fence which meets hurricane wind load
standards, and does not require a large footer. She elaborated because the fence could meet the
two foot setback requirement, a variance for the setbacks was not required, only a variance for
the materials of the fence. The steel fence met the intent to screen the industrial portion of the
area from the residential. The variance criteria, specifically the "Hardship" aspect was discussed.
Chair Tillman asked for public comment on this item.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 11, 2006
Mr. Arthur Forester, a resident of Laurel Hills, which abuts the industrial park advised the
existing fence was in shambles and in some sections, was missing. He was looking for strong
sturdy fencing to keep animals, vagrants and truck noise out. He thought the fence was of good
design and a suitable replacement offering security, aesthetics and safety.
All property owners within 400 feet were noticed. Ms. Zeitler clarified the two foot limited access
easement was within FPL's six (6) foot utility easement. The western edge had a two (2) foot
limited access easement and to the east of that was the remaining four (4) feet of the FPL
easement.
A neighborhood homeowner agreed with the comments made by Mr. Forester. She expressed
her home was broken into in February and the fence needed to be addressed.
Ms. Bonnie Altadonna, a resident for 31 years, expressed concern with the dilapidated
condition of the fence and pieces of the fence were falling down. She asked where the liability
rests.
Motion
Ms. Heavilin moved to approve the request for relief from Chapter 2, Zoning, Section 4.L. Ms.
Horenburger seconded the motion that unanimously passed.
B. Heritage Club
Site Plan Time Extension
Location:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason
S. Mankoff of Weiner & Aaronson, P .A.
New Century Companies, LLC
Northwest corner of the intersection of
Federal Highway and Gulfstream Boulevard
Request for a one-year Site Plan Time
Extension for approved site plan and height
exception granted on August 2, 2005, from
August 2, 2006 to August 2, 2007.
Project:
Agent:
Descri ption:
Ms. Zeitler, Planning and Zoning, presented the request. The project was approved for 6,544
square feet of office, 9,494 square feet of retail, 3,500 square feet of restaurant, 70 townhome
units and 96 multi-family units on 8.3 acres. The applicant received a land use amendment from
Local Retail Commercial (LRC) to Special High Density Residential, a rezoning from Community
Commercial to PUD and a new site plan and height exception.
The applicant was requesting a time extension of one year. The site plan was originally approved
on August 2, 2005. Ms. Zeitler explained if the applicants did not have their building permit by
the expiration of the one-year time period, they would need to apply for an extension. The
request, if granted, would change the new the extension to August 2, 2007 and would include
their concurrency certification. Staff recommended approval, subject to the 71 conditions of
4
XII. - LEGAL - 1st Reading
ITEM C.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
[8J August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August IS, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 2 I, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the August I, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reconunended that the subject request
be approved, on July 25, 2006. For further details pertaining to the request, see attached Department Memorandum No.
06-143.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park NOPC #16 (DRIA 06-001)
Eugene A. Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side ofI-95 between Miner Road and the Boynton (C-16) Canal
Request for Development of Regional Impact Amendment (DRIA), in part, to allow an
increase in the maximum allowable dweIIing units from 1,105 to 1,905 units.
PROGRAM IMPACT:
FlSCAL IMPACT:
ALTERNATIVES:
~
Developme
4'~. ~ Me
../' Planning and Zonin irector City Attorney / Finance
S:\Planning\SHAREDlWP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #]6 DRlA 06-001
Assistant to City Manager
8-15-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 06-143
FROM:
Chair and Members
Planning and Deve0ment Board
Michael RU~(,l
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THROUGH:
DATE:
July 12, 2006
SUBJECT:
Quantum Park - DRIA 06-001/MPMD 06-003
Master Plan Amendment #16
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton (C-
16) Canal (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is
requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.O. has been subsequently amended
14 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-
02,01-54, 02-54, 04-77 and 05-13. The City Commission denied Amendment #11 on February
20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing
Master Plan.
Amendment #16 proposes amending the maximum number of dwelling units allowable on
parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as
well as amending the existing use designations on several lots in the Master Plan. The
requested changes are depicted in Exhibit "C"- Proposed Master Plan and described as follows:
1) Change in the Master Plan designation of Lots 17 and 52 from Office/Industrial and
Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU);
2) Change in the Master Plan designation of Lot 58 from Office/Industrial (0/1) to
Mixed Use (MU);
3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905;
4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of
Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway
Boulevard. Providing a Master Plan designation of Mixed Use (MU) for both lots;
5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the
Project shall remain 63,752 ADT", and adopting FOOT accepted traffic standards;
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
6) Elimination of Note #4 on the Master Plan indicating "Building height shall not
exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not
appropriate for inclusion on the Master Plan.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on February
15, 2005. The subject Amendment #16 proposes to amend the maximum number of dwelling
units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as
change in use designation on several lots. Therefore the review of the DRI amendment also
constitutes a review of the change to the Master Plan for Quantum Parle In addition to State
Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations
Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval.
First review comments were generated and the Technical Advisory Review Team (TART)
reviewed the Master Plan change on June 27,2006.
ANAL YSIS
Notice of Proposed Chanae (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DRI. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence" .
2
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 800 residential dwelling units to the1, 105
currently approved, for a total of 1,905 dwelling units. The proposed modification
exceeds the thresholds outlined above. However, the change also eliminates industrial
potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units
for a non-substantial change determination, the Treasure Coast Regional Planning
Council, in their review of the proposed amendment and discussions with the
Department of Community Affairs, has determined the proposed change could be
reviewed under the guidelines of Chapter 380.06(19)(e)5.c., due to the fact that no new
or additional regional impacts appear evident as a result of the proposed change.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651 (3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Since Amendment
#16 involves changes to land use categories, including an increase to the Mixed Use
(MU) category by 18.58 acres, while commensurately decreasing the Office/Industrial
(01) and Office/lndustrial/lndustrial with Retail sales (01 & Ind/R), the provision appears
to be met. Associated with the requested use designation changes, the applicant is also
requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the
Project shall remain 63,752 ADT'. Essentially, that note indicates that the DRI has a
vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant
for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to
today's accepted criteria (by FDOT and the County alike) for determining traffic impact,
the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips
(ADT). As such, the traffic consultant estimates a decrease in the number of peak hour
trips as a result of this amendment.
Conclusion
The proposed changes delineated in Amendment #16 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DR!. There are six (6) major changes proposed. The applicant provided the following descriptive
summary of these changes:
3
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
Lots 17 and 52 (7.8 Acres)
These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 &
IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)".
Lot 58 (4.93 Acres)
This lot is currently designated as Office/Industrial (01) Land Use. The Land Use would be
revised to Mixed Use (MU).
Increasino the maximum number of residential units by 800. from 1.105 to 1.905
The maximum number of allowed dwelling units would be increased to 1,905 on lots designated
Mixed Use (MU) on the Master Plan.
Creation of Lots 102 and 103 and orovidino a Master Plan desionation of Mixed Use (MU) for
both lots
The creation of Lots 102 and 103 would occur through the abandonment of the remaining
portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway
Boulevard and be designated Mixed Use (MU).
Elimination of Note #3 on the Master Plan indicatino "Total Vested Trios for the Proiect shall
remain 63.752 ADT"
The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the
County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip
calculations instead of Average Daily Trips (ADT).
Elirnination of Note #4 on the Master Plan indicatino "Buildino heioht shall not exceed 60 feet in
Mixed Use areas"
The applicant has suggested removal of this note since it is no longer a correct statement with
the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff
indicated that height was not a Master Plan component in their review of NOPC #15 in 2005.
The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion
of valuable industrial land to residential uses. The City had considerable acreage for residential
purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. At that time, the applicant indicated that they
understood the concerns of the City and that they would limit the amount of residential use to a
maximum of 1,000 dwelling units in an effort to address staffs fears of the loss of industrial land.
4
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
The applicant subsequently submitted NOPC #15 in 2005 for an additional 105 dwelling units. In
that particular case, the applicant proposed to commit those 105 dwelling units to parcels
already designated as Mixed Use (MU), which did not entail any further conversion of industrial
land.
Now the applicant has submitted NOPC #16, which proposes to add 800 additional dwelling
units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park.
Additionally, the request includes the conversion of two (2) more vacant lots with industrial
potential (Lots 17 and 52 - a total of 7.8 acres) to Mixed Use (MU) and the conversion of two (2)
roadway tracts to the Mixed Use (MU) designation. This would appear to place staff in the same
position it argued back in 2000, opposing any further conversion of industrial potential properties
to residential purposes.
The proposed change to the Master Plan was analyzed from three perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria
used when analyzing rezoning requests relative to necessity.
Impacts
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory
Review Team (TART) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this
amendment process, proposed to update the DRI to conform with the accepted criteria (utilized
by FDOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM
and PM) trip calculations instead of Average Daily Trips (ADT).
Based on the TART review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the
thresholds of development or the maximum square footage for each land use, which could not
be exceeded. As a result of the proposed change, Peak Hour Trips generated by these land
uses depicted in the Master Plan become the benchmark for measuring traffic and the
associated impacts of any change. Pinder Troutman's traffic analysis indicates that the
proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak
Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856
PM Peak Hour trips when compared with the original Application for Development Approval
(ADA).
5
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have
no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the
intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be
conducted by the applicant, in compliance with a Development Order condition of approval
under Ordinance 01-54 (see Exhibit "0"). The Palm Beach County Traffic Engineering Division
has conducted their initial review and has requested the applicant provide additional
information, prior to formal response (see Exhibit "E").
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that they
have not identified any new or additional regional impacts resulting from the proposed
amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would
constitute a Substantial Deviation under Section 380.06(19)(b)9 of the Florida State Statutes, a
finding which would cause the development to be subject to further DRI review. Based upon
their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not
identified any regional impacts, indicates that the City could conclude the same, under Section
380.06(19)(e)5.c. Florida Statutes, and it could make a finding that would allow the proposed
change to proceed without further DRI review.
The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working
with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on
creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at
the Tri-Rail station site. They indicate approximately 500 residential units and a mix of
nonresidential uses would be required for a successful TOO on the Tri-Rail site. TCRPC
encourages the City to receive some assurances from the applicant that they will support and
authorize the City and SFRT A to make the necessary changes to the development order in the
near future to accommodate the TOO. The applicant has indicated to staff that part of their
intent to request an increase in the number of residential units in this NOPC was to lay the
groundwork for a future amendment, when they and the SFRT A were in agreement on
proceeding on a deal.
However, staff is very hesitant to recommend for this change, when the 800 residential units
being requested to be added to the DRI, cannot currently be accommodated on the lots with
Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail
site is unsuccessful, the applicant will be motivated to request further amendments to lots with
industrial potential in order to accommodate the then vested residential units.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. During the TART process,
there were local issues identified by the members. The Traffic Division of Public Works
expressed concern over the potential impacts associated with the contemplated abandonment
of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard. Additionally, Palm
Beach County Traffic Division has requested the applicant provide an AM and PM peak hour
analysis for various project access intersections, including Gateway and Quantum Boulevard, to
identify problems and introduce mitigation measures. Therefore, staff recommends a traffic
study be prepared by the applicant, evaluating those impacts (see Exhibit "F" _ Conditions of
6
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
Approval). Staff also notes that no formal abandonment applications have been submitted
concurrent with this NOPC request. The applicant has indicated that abandonment petitions
would be submitted in the future, as part of the site plan review process for adjacent lots. With
the lack of a traffic study addressing Public Work's concerns over intersection impacts
associated with proposed roadway abandonments, staff recommends denial of the request to
create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed
Use (MU).
The Utilities Department has indicated that any unforeseen impacts to the water and sewer
systems and related levels of service will be borne by the developer. Drainage impacts will be
reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements
of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
Certain aspects of the change proposed by the applicant present issues that appear contrary to
City policies. The proposed changes are discussed below:
Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Office/lndustrial and
Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed
Use (MU)".
As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of
valuable industrial land to residential uses. The City had considerable acreage for residential
purposes, but the amount of vacant industrial land that could accommodate business and
industry, which create jobs, generates substantial property taxes and requires fewer City
services, was in short supply. The applicant indicated that they understood the concerns of the
City and that they would limit the amount of residential use in an effort to address staffs fears of
the loss of industrial land.
The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units. In
that particular case, the applicant proposed to commit those 105 dwelling units to parcels
already designated as "Mixed Use (MU)", which did not entail any further conversion of
industrial land. Staff did not oppose that amendment, since no lots with industrial potential were
requested to be converted to Mixed Use (MU). However, now the applicant has submitted
NOPC #16, which proposes to convert 7.8 more acres with industrial potential to Mixed Use
(MU).
In 2005, the City contracted with a professional planning consultant, Michele Mellgren &
Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make
recommendation. The consultant generally recommended that the City preserve its remaining
industrial zoning and more specifically recommended that the City:
1. Amend the comprehensive plan to include one or more goals, objectives or policies
that would strongly discourage or prohibit the conversion or use of industrial land, to or
for non-industrial uses.
2. Amend the regulations of the PID district, as appropriate, to prohibit any additional
residential uses.
7
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
The City has since issued an RFP (Request For Proposals) to hire a consultant to implement
the recommendations of the study and prepare appropriate code amendments. The results of
the RFP's are to be presented to the Commission in August, for selection of the consultant.
Policy 1.19.4 of the Comprehensive Plan states, "The City shall continue to encourage and
enforce the development of industrial land as industrial parks or concentrated industrial areas in
order to maximize the linkages between complementary industries". The continued conversion
of industrial potential property within Quantum Park, especially conversion to residential uses,
appears to directly contradict City policy, and place greater burden on City services, almost
always with loss in City tax revenue.
Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to
request bids from economic development and planning professionals to prepare a study
documenting the importance of having land designated for industrial use and strategies to
preserve, promote and manage light-industrial development. This initiative is a result of the
concerns expressed at various levels of government and business in Palm Beach County
regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have
reclassified industrial lands for residential use.
The need for industrial space is not expected to diminish. The City regularly receives inquiries
from the Business Development Board, realtors and businesses looking to relocate. One
example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square
feet in Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generally provide
higher paying jobs than commercial/retail businesses, which not only benefits the City, but
residents seeking employment as well. Additionally, staff acknowledged the retail potential of
parcels along Gateway Boulevard and supported a previous amendment request by the
applicant to allow a retail component to a principal industrial use. Staff reasoned that it needed
to make a concerted effort to retain and attract industrial tenants, rather than entertain a
potential request to eliminate the industrial land use for commercial or mixed use all the way
along Gateway Boulevard.
Since the year 2000, approximately 93 acres within Quantum Park and along South Congress
Avenue have been converted from industrial land use or zoning districts to residential use or
Mixed Use (MU). This has greatly reduced the ability of the City to attract spin-off businesses
from Scripps, start-up businesses or companies looking to relocate.
If the requested amendment is approved, the number of acres within Quantum Park with a
Mixed Use (MU) land designation will be 113.44 acres out of 553.13, or 20% of the property,
which exceeds any other land use designation within the park.
Lot 58 (4.93 Acres): This lot is currently designated as Office/Industrial (01) Land Use. The Land
Use would be revised to Mixed Use (MU).
This particular lot is currently developed with an office building, which obviously precludes the
industrial potential for the parcel under the present design. However, in times of demand,
buildings and sites are redeveloped to reflect the need or trend at that time. The applicant is
proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and
better use than that in place.
8
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
Increasinq the maximum number of residential units by 800. from 1.105 to 1.905: The applicant
is proposing to increase the maximum number of allowed dwelling units to 1,905 on lots
designated Mixed Use (MU) on the Master Plan.
Staff reviewed the request for 800 additional residential units in the context of opposing further
conversion of parcels with industrial potential to Mixed Use (MU). In conducting the review, staff
researched the total combined units represented by those existing within or approved for the
immediately surrounding area. The currently approved, but unconstructed residential units in
Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the
Boynton Village SMU. and approved at High Ridge Road and Miner Road total 3,106 units.
Additionally, recently approved or built commercial/office square footage in Quantum Park and
the immediate area (Quantum Park Village North and South projects, Renaissance Commons
and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals
are less than 50% complete and therefore represent lands or space available elsewhere for the
proposed uses.
With this number of dwelling units coming on line, and the nearly one million square feet of
commercial/office uncompleted, there does not appear to be justification for the request to
"rezone" land designated for industrial and/or office uses to residential/commercial use.
Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with
an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning
Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses
would be required for a successful TOO on the Tri-Rail site. This concept makes sense for
three reasons. First, the Tri-Rail site has a Governmental & Institutional (G&I) land use
designation and would not decrease industrial potential. Second, it creates a multi-modal hub
and reduces potential reliance upon the automobile. Thirdly, it creates a great opportunity to
provide workforce housing.
As noted earlier, TCRPC encourages the City to receive some assurances from the applicant
that they will support and authorize the City and SFRT A to make the necessary changes to the
development order in the near future to accommodate the TOO. The applicant has indicated to
staff that part of their intent with requesting the number of residential units in this NOPC was to
lay the groundwork for a future amendment, when they and the SFRT A were in agreement on
proceeding on a deal.
Staff is very hesitant to recommend for the change, when the 800 residential units requested to
be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU)
designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful,
the applicant will be motivated to request further amendments in order to accommodate the then
vested residential units.
Creation of Lots 102 and 103 and orovidinq a Master Plan desiqnation of Mixed Use (MU) for
both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the
remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of
Gateway Boulevard and designate them Mixed Use (MU).
As noted earlier, the Traffic Division of Public Works expressed concern over the potential
impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the
reallocation of traffic to Quantum Boulevard. Therefore, they recommend a traffic study be
9
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach
County Traffic Division has requested the applicant provide an AM and PM peak hour analysis
for various project access intersections, including Gateway and Quantum Boulevard, to identify
problems and introduce mitigation measures. Since no formal abandonment applications have
been submitted concurrent with this NOPC request, and with the lack of a traffic study
addressing Public Work's and Palm Beach County concerns over intersection impacts, staff
recommends denial of the request to create new lots 102 and 103 from the abandoned roadway
tracts and designate them Mixed Use (MU). Staff would recommend re-evaluation of the request
in a future NOPC request, once the appropriate traffic studies are concluded, mitigation
measures, if any, conducted and formal abandonment applications submitted. Since the
applicant indicates they intend to submit a follow-up NOPC request involving the TOO request
at the Tri-Rail Station, this should not be an inconvenience on their part.
Elimination of Note #3 on the Master Plan indicatinq 'Total Vested Trips for the Proiect shall
remain 63.752 ADT": The applicant is proposing to update the DRI to today's accepted criteria
(by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour
(AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on
the Master Plan indicatinq "Buildinq heiqht shall not exceed 60 feet in Mixed Use areas": The
applicant has suggested removal of this note since it is no longer a correct statement with the
increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated
that height was not a Master Plan component in their review of NOPC #15 in 2005.
In each case of the requests to eliminate notes from the Master Plan, staff views these
proposals as housekeeping matters and does not object to their elimination. FOOT did not raise
any concerns with the conversion of trip calculations to AM and PM Peak Hour and the
discussion of building heights is better left to the Code of Ordinances. With that said, staff
recommends approval of the request to remove Notes #3 and #4.
Conclusion
Staff concludes that the request to amend the land use designation on Lots 17, 52 and 58 is not
in the City's best interest. Throughout this report, staff has noted the desire to retain the
industrial potential on the parcels. The need to be able to attract and retain light industry is
important to the community and acknowledged by the consultant hired by the City Commission
to study the M-1 zoning district. The consultant recommended a halt to further conversions of
industrial land to residential uses. Additionally, when analyzing the request within the scope of
Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each,
which would appear inadequate for the development of a first rate, well-integrated mixed use
project. The other mixed use projects in Quantum range from 14.2 acres to 26.5 acres.
Staff is very hesitant to support an increase in the maximum number of allowable residential
units in the DRI, when the 800 residential units requested to be added, cannot currently be
accommodated on the lots with Mixed Use (MU) designation. If the requested amendment
included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO), including
an increase in the corresponding dwelling units, staff would have supported that component of
the request. Without this component, the request for a 72% increase in the number of residential
units does not appear to be justified. As such, staff recommends denial of the request for
800 additional residential units.
Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103),
from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns
10
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach
County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable
levels of service and safe operating conditions, conduct a traffic analysis, including necessary
mitigation measures. Without the traffic study, staff cannot support this request.
The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by
staff as a housekeeping matter, and as such, staff recommends their approval.
In conclusion, staff recommends the applicant withdraw this application and bring forward a new
NOPC (Notice of Proposed Change) to the DRI, under the following conditions:
1. The Tri-Rail site is made part of the application, incorporating a Mixed Use designation,
with only the additional units conceptualized for the TOO included.
2. A traffic study as requested by the City, County and State is submitted, including
intersection analyses and mitigation measures.
3. The submittal of a formal abandonment application should precede any request to create
lots within existing right-of-way and provide a use designation.
4. The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the
application, including the additional units not conceptualized for the TOO.
RECOMMENDATION
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review.
With regards to the proposed modifications to the Quantum Park Master Plan staff recommends
denial of the requested amendments due to the conflicts noted with the City's Comprehensive
Plan, its inconsistency with the City's current direction to preserve and expand land availability
for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County
and State.
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JEB BUSH
GOVERNOR
~
Florida Department - of Transportation
PLANNING AND ENVIRONMENTAL MANAGEMENT - DISTRICT 4
3400 West Commercial Blvd., R. Lauderdale, FL 33309-3421
Telephone (954) 777-4601 Fax (954) 777-4671
Toll Free Number: 1 -866-336-8435
June 26, 2006
Mr. Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
Dear Mr. Busha:
SUBJECT:
Quantum Park Development of Regional Impact (DRI)
City of Boynton Beach, Palm Beach County
Notification of Proposed Change (NOPe) No. 16
EXHIBIT 0
DENVER J. STUTLER, JR.
SECRETARY
.~ ~ff~~li:~I~F'1
3~ ~; i..,.{l ~;;; g ~. ~ '&,.$
JUN. '} R 7006
ffitt:2;SURE: CUAS',
REGIONAL PLf<NNING COUNCil
As requested in your letter dated May 25,2006, the Department has reviewed the Quantum Park DRI NOPC No. 16.
The Quantum Park DRI is located north ofthe C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of
Congress Avenue in the City of Boynton Beach. The DR! was originally approved on December 18, 1984 as a
mixed-use development. The current buildout date for the DRI is December 18, 2014. The following table
summarizes the DRI's approved land uses and intensities to date:
Approved Development
Land Use Original DO As of 15th
(1984) Amended DO
(2/15/2005)
Industrial 4,183,750 sf 1,700,000 sf
Retail 300,000 sf 469,450 sf
Office 1,969,500 sf 797,900 sf
Hotel 200 rooms 200 rooms
Multi Family Residential NA 1,105 du
Warehouse NA 22,700 sf
High School NA 2,500 students
Auto Dealership NA 53,072 sf
Movie Theater NA 4,000 seats
Restaurant- High Turover NA 28,400 sf
Restaurant - Quality NA 69,250 sf
Convenience Store/Gas NA 3,054 sf
Ice Skating Rink NA 93,430 sf
www.dot.state.f1.us
* RECYO..ED PAPER
Mr. Michael 1. Busha
June 26, 2006
Page 2
In this NOPC, the applicant proposes the following changes:
1. Increase the maximum number of residential units within the Mixed Use area from the currently approved
1,105 units to 1,905 units, an increase of 800 dwelling units.
2. Re-designate lots 17,52,58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52
are currently approved for Office/Industrial w/Retail Sales. Lot 58 is currently designated as
Office/Industrial. No description was provided for Lot 103.
3. Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous
Development Order (DO) Number 15. Note 3 addressed the Total Vested Trips for the DR!. Note 4 stated
that the building height for Mixed Use areas was not to exceed 60 feet.
Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT. The trip threshold
calculated in support of Amendment No. 15, on December 1,2005, was stated to be 65,069 ADT.
4. Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south
of Gateway Boulevard, and convert them to Lots 'i 02 and 103. Change the land use designation of Lots 102
and 103 to Mixed Use.
The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses
for the Quantum Park DR!. The results of a trip generation comparison indicated that the proposed development plan
would generate 1,138 fewer AM peale-hour trips and 856 fewer PM peak-hour trips than the original development
plan.
In conclusion, we have no objection to this NOPC. However, a review of the 2005/2006 Annual Report reveals that
the applicant has not subInitted traffic signal warrant studies for the intersections of Quantum Boulevard with
Gateway Boulevard and Congress A venue, as required by Ordinance No. 01-54. We recommend that the applicant
comply with this Development Order condition.
Please feel free to contact this office at (954) 777-4601 should you have any questions.
Sincerely,
GS:mm/cw
cc: D. Ray Eubanks - Community Program Administrator, FDCA
Bob Romig - Director, Office of Policy Planning, FDOT
Gerry 0 'Reilly - Director of Transportation Development, FDOT
John Krane - Transportation Planning Engineer, FDOT
Chon Wong - Senior Transportation Specialist, FDOT
S,\OPEMlSYSTEMS PLANNINGID4DRl\QUAN11JM\NOPCI6B.DOC
Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
lbny Masilotti. Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Bun Aaronson
County Administrator
Raben Weisman
.An Equal Opportunity
Affirmative Action Employer"
@ prlnlfld on recycI&cJ paper
June 13, 2006
Mr. Michael W. Rumpf
Directar af Planning & Zaning
Department af Develapment
City af Bayntan Beach
P.O. Bax 310
Bayntan Beach, FL 34425-0310
RE:
Quantum Park - NOPC #16
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
EXHIBIT E
The Palm Beach Caunty Traffic Divisian has reviewed the Notificatian of Prapased
Changes to. the previously approved project entitled Quantum Park, pursuant to the
Traffic Performance Standards ir. Article 12 of the Paim Beach County Land
Develapment Code. The project is summarized as follaws:
Municipality:
Quantum Park - North of Gateway Baulevard, west of High Ridge
Raad
Bayntan Beach
location:
Approved:
. Industrial
. Retail
. Office
. Hotel
latest Approval- NOPC 15:
Industrial
Retail
Office
Warehouse
Hatel
High Schaal
Auto. Dealership
Restaurant - HT
Rest8urant - Quality
Canvenience Store/Gas
Multi Family Residential
Fire Statian
Police Station
Park & Ride Facility
latest Approval - NOPC 15:
Industrial
Retail
Office
Warehause
Hotel
High Schaal
Auto. Dealership
Restaurant - HT
Restaurant - Quality
4,183,750 SF
300,000 SF
1,969,500 SF
200 Rooms
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
3,054 SF
1,105 Dwellings
5,500 SF
150 Employees
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Roams
2500 Students
53,072 SF
28,400 SF
69,250 SF
I[D) r ~ @ ~ n w ~ fn1
I ifl)L~ ' 6 ~JJI
e'<\tiTMENT OF DEVELO I
- PM[ NJ
.
. ..
Page - 2
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
3,054 SF
1,905 Dwellings (800 Additional Units)
5,500 SF
150 Employees
New Daily Trips:
New AM PH Trips:
New PM PH Trips:
N/A - Trip Reduction from Original Approval
5,809 - Trip Reduction from Original Approval
7,202 - Trip Reduction from Original Approval
Based on our review, the Traffic Division has the following comments:
· Provide a copy of the latest version of the spreadsheet illustrating all portions of
the project which have been built and in place.
· Provide a comparison of Daily trip generations under the .proposed NOPC #16"
and .Previously Approved" scenarios.
· Provide and AM and PM peak hour analysis for the following project access
intersections, identify problems and introduce mitigations:
o Gateway Boulevard / High Ridge Road
o Gateway Boulevard / Quantum Boulevard
o Gateway Boulevard I Park Ridge Boulevard
o Gateway Boulevard / Congress Avenue
o Quantum Boulevard / Congress Avenue
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/Yl.
Masoud Atefi, M
Project Reviewe
cc: Pinder Troutman Consulting Inc.
File: General - TPS - Mun - Traffic Study Review
F :\TRAFFIC\ma\Admin\Comments\060537 .doc
EXHIBIT "F"
Conditions of Approval
Project name: Quantum Park NOPC #16
File number: DRIA 06-00l/MPMD 06-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
l. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. City Engineering staff agrees with the concurrency requirements of the X
Palm Beach County Traffic Division. Furthermore, the request by the
Florida Department of Transportation shares components with County
requirements. Therefore, Staff recommends that the applicant comply
with the requests of both the Palm Beach County Traffic Division in
its letter dated June 13, 2006 to Mike Rumpf and of the Florida
Department of Transportation in a letter dated June 26, 2006 to
Eugene Gerlica, applicant. The applicant must identify a strategy to
mitigate any identified traffic problems, and provide surety to the City
for any necessary improvements at the intersections of Quantum
Boulevard with Gateway Boulevard and Quantum Boulevard with
Congress A venue, prior to City approval of NOPC #16. The
applicant has chosen to not provide the information necessary to
enable staff to make a qualified statement regarding disposition of
NOPC #16. Therefore, the Engineering staff recommends denial of
NOPC #16.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
-..-
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
3. The elimination of Quantum Lakes Drive and Quantum Boulevard, south of X
Gateway Boulevard, will require formal abandonment by the City, for which
applications need to be filed and approved.
4. If the City Commission supports and approves this NOPC request, staff X
recommends that the approval exclude the dwelling units intended for a
potential Tri-RaiVTOD project (conceptualized as 500 units) from this
application and that they be combined with the subsequent NOPC request
required as a pre-requisite to a TOD project on this parcel.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
6 The Planning and Development Board rejected all conditions of approval. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #I6\COA DRIA.doc
1 ORDINANCE NO. 06-
2 AN ORDINANCE OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-
4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF
5 BOYNTON BEACH BY ADOPTING AN AMENDMENT
6 TO THE QUANTUM PARK DEVELOPMENT OF
7 REGIONAL IMPACT, KNOWN AS THE QUANTUM
8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING
9 THE MASTER PLAN TO INCREASE THE NUMBER OF
10 DWELLING UNITS PERMITTED UNDER THE
11 DEVELOPMENT ORDER FROM 1105 TO 1905
12 DWELLING UNITS; PROVIDING FOR A SAVINGS
13 CLAUSE, REPEALING PROVISION, AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built-
18 out Development of Regional Impact ("DRI") comprised of 553.13 acres, zoned Planned
19 Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner
20 Road extended south to the Boynton C-16 Canal; and
21 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum
22 Park DRI Development Order, adopted by the City Commission of the City of Boynton
23 Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by
24 Ordinance Nos. 86-11, 86-37, 88-3,94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54,
25 02-54, 04-77, and 05-13 ("Development Order"); and
26 WHEREAS, the proposed Amendment, referred to as Amendment #16 proposed
27 amending the Master Plan for Quantum Park to allow an increase in the number of dwelling
28 units permitted under the Development Order from 1105 to 1905 dwelling units on the real
29 property located in Palm Beach County, Florida, as more particularly described in the
30 attached Exhibit "A"; and
Page 1
1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change
2 ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said
3 NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the
4 Treasure Coast Regional Planning Council ("TCRPC"), and the City; and,
5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
6 City Commission), the governing body of the local government having jurisdiction, pursuant
7 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
8 NOPCs; and
9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
10 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
11 Department of Community Affairs and the TCRPC; and
12 WHEREAS, this City Commission has reviewed this matter on August 1, 2006, and
13 on August 15, 2006, held a duly noticed public hearing on the Application, and has heard and
14 considered the testimony taken thereat; and
15 WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC
16 and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the
17 proposed changes will not create additional regional impacts; and
18 WHEREAS, this City Commission has received and considered the report and
19 recommendations of the Planning and Development Board ofthe City of Boynton Beach; and
20 WHEREAS, this City Commission has made the following FINDINGS OF FACT
21 AND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for
22 an amendment to the Quantum Park DR! Development Order;
Page 2
1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
3
Section 1.
The foregoing "Whereas" clauses are true and correct and incorporated
4 herein by this reference.
5
Section 2.
That the City Commission of the City of Boynton Beach, Florida
6 makes the following findings of fact regarding the Notice of Proposed Change submitted by
7 MFT Development, Inc., the "Master Developer" related to the an amendment to the
8 Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84-
9 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33,
10 96_65,97-20,99-05,00-02,01-54,02-54,04-77, and 05-013; and
11 FINDINGS OF FACT
12
13
14
15
16
17
18
19
20
21
22
23
A.
The proposed development is not in an area of critical state concern
designated pursuant to the provisions of Section 380.05, Florida Statutes;
B. A State Comprehensive Planning Document has been recognized by the
legislature as an advisory policy document for the entire State of Florida, and the
proposed development does not unreasonably interfere with the achievement of
the objective of this advisory policy document;
c.
The proposed amendment to the Development of Regional Impact (DRI)
Development Order will be consistent with the adopted comprehensive plan for
the City of Boynton Beach and is, or will be, consistent with the local land
development regulations, subject to conditions outlined herein, and Part III, Land
Development Regulations, of the City of the Boynton Beach Code of
Ordinances; and
Page 3
1
D.
The proposed development will be consistent with the proposed
2 amendment submitted to and reviewed by the Treasure Coast Regional Planning
3 Council pursuant to Section 380.06(8), Florida Statutes.
4 CONCLUSIONS OF LAW
5 It is hereby determined by the City Commission of the City of Boynton Beach,
6 Florida, in a public meeting, duly constituted and assembled this 15th day of August, 2006,
7 that the Notice of Proposed Change to the Quantum Park Development of Regional Impact
8 submitted by the Master Developer is hereby ordered Approved, subject to the provisions of
9 this Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and
1 0 incorporated herein by reference.
11 1. That this amended DRI Development Order shall constitute the Development Order
12 of this Commission issued in response to the Notice of Proposed Change for the
13 Quantum Park DRI filed by the Master Developer.
14 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
15 amended DRI Development Order.
16 3. That the Development Order shall be amended to modify the Master Plan of the
17 Quantum Park DRI Development Order, as follows:
18
19
20
21
22
23
24
25
26
27
28
a.
The Master Plan designation of the maximum number of dwelling
units allowable within the areas designated for "Mixed Use (MU)"
development shall be increased from 1, I 05 to I ,905 dwelling units;
b.
The Master Plan designation of Lots 17 and 52 as Office/Industrial and
Industrial with Retail Sales (01 & IND/R) shall be changed to Mixed
Use (MU);
c.
The Master Plan designation of Lot 58 as Office/Industrial (OII) shall
be changed to Mixed Use (MU);
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
d. Authorize the creation of Lots 102 and 103 following the abandonment
of the remaining portion of Quantum Lakes Drive, and that portion of
Quantum Boulevard south of Gateway Boulevard. Once created, Lots
102 and 103 shall be designated on the Master Plan as Mixed Use
(MU).
e. Eliminate Note #3 on the Master Plan indicating "Total Vested Trips
for the Project shall remain 63,752 ADT", and adopting FDOT
accepted traffic standards;
f. Eliminate Note #4 on the Master plan indicating "Building height shall
not exceed 60 feet in Mixed use areas".
4.
That this amended DRI Development Order shall be binding upon the Master
15
Developer and its assignees or successors in interest. It is understood that any
16
reference herein to any governmental agency shall be construed to mean any future
17
instrumentality which may be created and designated as successor in interest to, or
18
which otherwise possesses any of the powers and duties of any referenced
19
governmental agency in existence on the effective date of this amended DRI
20
Development Order.
21 5. That in any event that any portion of section of this amended DRI Development
22
Order is determined to be invalid, illegal or unconstitutional by a court of competent
23
jurisdiction, such decision shall in no manner affect the remaining portions or
24
sections of this amended DRI Development Order, which shall remain in full force
25
and effect.
26 6. That the approval granted by this amended DRI Development Order is conditional.
27
Such approval shall not be construed to obviate the duty of the Master Developer to
28
comply with all other applicable local or state permitting procedures.
Page 5
1 7. The amendments proposed by the Master Developer do not create any additional
2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
3
Florida Statutes.
4 8. Actual development phasing will depend upon economic circumstances and Master
5
6
7
Developer's internal business growth. Any proposed development described in the
Notice of Proposed Change are for planning purposes only and the actual
development schedule may vary therefrom.
8 9. The amended DRI Development Order set forth in Section 1 hereof shall become
9 effective upon adoption of the ordinance amending the maximum number of
10 dwelling units allowable within the areas designated for "Mixed Use (MU)" from
11 1,105 to 1,905 dwelling units in the Master Plan, provided such date shall be
12 extended until completion of appellate procedures, if any, relating to the issuance of
13 this amended DRI Development Order.
14 10. Copies of this Ordinance incorporating the amended DRI Development Order
15 amending the land use designation of the subject property to Development of
16 Regional Impact shall be transmitted immediately by certified mail to the Division of
17 Community Planning, the Treasure Coast Regional Planning Council, and the Master
18 Developer.
19 11. Except as otherwise amended herein, the Development Order shall remain in full
20 force and effect.
21
Section 3.
Except as provided herein, the Master Developer shall proceed in strict
22 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
Page 6
1 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
2 regulations of the State of Florida Department of Environmental Protection.
3
Section 4.
That should any section or provision of this Ordinance, or any portion
4 thereofbe declared by a Court of competent jurisdiction to be invalid, such decision shall not
5 affect the remainder of this Ordinance.
6
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
7 repealed.
8
Section 6.
This ordinance shall become effective immediately upon its passage.
9 FIRST READING this _ day of
,2006.
10 SECOND READING and FINAL PASSAGE this _ day of
,2006.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
31 City Clerk
32
33
34 H:\1990\900182.BB\ORD\Quantum DRI Amd NOPC16.doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Page 7
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J August 1, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the August 1,2006 City Commission Agenda nnder Public
Hearing and Legal, Ordinance - First Reading to be combined with the corresponding DRIA item. The Planning and
Development Board, on July 25,2006, subject to requiring the developer and/or occupants of Quantum Park to provide traffic
signals, if warranted, at the Quantum Boulevard - Congress A venue and Gateway Boulevard - Quantum Boulevard
intersections, recommended that the subject request be approved. For further details pertaining to the request, see attached
Department Memorandum No. 06-143.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park NOPC #16 (MPMD 06-003)
Eugene A Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side ofI-95 between Miner Road and the Boynton (C-16) Canal
Request for Master Plan Modification approval, in part, to allow an increase in the
maximum number of dwelling units allowable from 1,105 to 1,905 units and change in
designation oflots 17, 52, 58, 102 and 103 to Mixed Use (MU).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
~ - 7f"'~
./ Planning and Zoning D' ctor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 MPMD 06-003 8-15-06.dot
Assistant to City Manager
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 06-143
FROM:
Chair and Members
Planning and Devez;ent Board
Michael RU~(,l
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THROUGH:
SUBJECT:
July 12,2006
Quantum Park - DRIA 06-001/MPMD 06-003
Master Plan Amendment #16
DATE:
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly built-out Deveiopment of
Regional Impact (DRI) comprised of 553.13 acres, zoned Pianned Industrial Development
(PID). It Is located on the west side of 1-95, between Miner Road extended and the Boynton (G-
16) Canal (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. Is
requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4,1984 by Ordinance No. 84-51. The original D.O. has been subsequenlly amended
14 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, g9-05, 00-
02,01-54,02-54,04-77 and 05-13. The City Commission denied Amendment #11 on February
20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing
Master Plan.
NATURE OF REQUEST
Amendment #16 proposes amending the maximum number of dwelling units allowable on
parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as
well as amending the existing use designations on several lots in the Master Plan. The
requested changes are depicted in Exhibit "C. - proposed Master Plan and described as follows:
1) Change in the Master Plan designation of Lots 17 and 52 from Officellndustrial and
Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU);
2) Change in the Master Plan designation of Lot 58 from Officellndustrial (011) to
Mixed Use (MU);
3) Increasing the maximum number of residential units by 800, from 1,105 to 1 ,905:
4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of
Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway
Boulevard. providing a Master Plan designation of Mixed Use (MU) for both lots;
5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the
project shall remain 63,752 ADT", and adopting FDOT accepted traffic standards;
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
6) Elimination of Note #4 on the Master Plan indicating "Building height shall not
exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not
appropriate for inclusion on the Master Plan.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
The City's land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on February
15, 2005. The subject Amendment #16 proposes to amend the maximum number of dwelling
units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as
change in use designation on several lots. Therefore the review of the DRI amendment also
constitutes a review of the change to the Master Plan for Quantum Parle In addition to State
Statutes, staff has reviewed the Master Plan in accordance with land Development Regulations
Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval.
First review comments were generated and the Technical Advisory Review Team (TART)
reviewed the Master Plan change,on June 27, 2006.
ANAL YSIS
Notice of Proposed ChanQe (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DR!. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: 'The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence" .
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Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 800 residential dwelling units to the1, 105
currently approved, for a total of 1,905 dwelling units. The proposed modification
exceeds the thresholds outlined above. However, the change also eliminates industrial
potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units
for a non-substantial change determination, the Treasure Coast Regional Planning
Council, in their review of the proposed amendment and discussions with the
Department of Community Affairs, has determined the proposed change could be
reviewed under the guidelines of Chapter 380.06(19)(e)5.c., due to the fact that no new
or additional regional impacts appear evident as a result of the proposed change.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651(3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Since Amendment
#16 involves changes to land use categories, including an increase to the Mixed Use
(MU) category by 18.58 acres, while commensurately decreasing the Office/lndustrial
(01) and Office/lndustrial/lndustrial with Retail sales (01 & Ind/R), the provision appears
to be met. Associated with the requested use designation changes, the applicant is also
requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the
Project shall remain 63,752 ADT'. Essentially, that note indicates that the DRI has a
vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant
for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to
today's accepted criteria (by FOOT and the County alike) for determining traffic impact,
the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips
(ADT). As such, the traffic consultant estimates a decrease in the number of peak hour
trips as a result of this amendment.
Conclusion
The proposed changes delineated in Amendment #16 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DR!. There are six (6) major changes proposed. The applicant provided the following descriptive
summary of these changes:
3
Quantum Park - DRIA 06-001/MPMD 06-003
M.emorandum No. PZ 06-143
Lots 17 and 52 (7.8 Acres)
These lots are currently designated as "Officellndustriat and Industrial with Retail Sales (01 &
IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)".
Lot 58 (4.93 Acres)
This lot is currently designated as Officellndustrial (01) Land Use. The Land Use would be
revised to Mixed Use (MU).
IncreasinQ the maximum number of residential units bv 800. from 1.105 to 1.905
The maximum number of allowed dwelling units would be increased to 1,905 on lots designated
Mixed Use (MU) on the Master Plan.
Creation of Lots 102 and 103 and providino a Master Plan desiQnat/on of Mixed Use (MU) for
both lots
The creation of Lots 102 and 103 would occur through the abandonment of the remaining
portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway
Boulevard and be designated Mixed Use (MU).
Elimination of Note #3 on the Master Plan indicatinQ "Total Vested Trips for the Proiect shall
remain 63.752 ADT'
The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the
County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip
calculations instead of Average Daily Trips (ADT).
Elimination of Note #4 on the Master Plan indicatinQ "BuildinQ heiQht shall not exceed 60 feet in
Mixed Use areas"
The applicant has suggested removal of this note since it is no longer a correct statement with
the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff
indicated that height was not a Master Plan component in their review of NOPC #15 in 2005.
The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion
of valuable industrial land to residential uses. The City had considerable acreage for residential
purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. At that time, the applicant indicated that they
understood the concerns of the City and that they would limit the amount of residential use to a
maximum of 1,000 dwelling units in an effort to address staff's fears of the loss of industrial land.
4
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
The applicant subsequently submitted NOPC #15 in 2005 for an additional 105 dwelling units. In
that particular case, the applicant proposed to commit those 105 dwelling units to parcels
already designated as Mixed Use (MU), which did not entail any further conversion of industrial
land.
Now the applicant has submitted NOPC #16, which proposes to add 800 additional dwelling
units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park.
Additionally, the request includes the conversion of two (2) more vacant lots with industrial
potential (Lots 17 and 52 - a total of 7.8 acres) to Mixed Use (MU) and the conversion of two (2)
roadway tracts to the Mixed Use (MU) designation. This would appear to place staff in the same
position it argued back in 2000, opposing any further conversion of industrial potential properties
to residential purposes.
The proposed change to the Master Plan was analyzed from three perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria
used when analyzing rezoning requests relative to necessity.
Impacts
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory
Review Team (TART) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this
amendment process, proposed to update the DRI to conform with the accepted criteria (utilized
by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM
and PM) trip calculations instead of Average Daily Trips (ADT).
Based on the TART review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the
thresholds of development or the maximum square footage for each land use, which could not
be exceeded. As a result of the proposed change, Peak Hour Trips generated by these land
uses depicted in the Master Plan become the benchmark for measuring traffic and the
associated impacts of any change. Pinder Troutman's traffic analysis indicates that the
proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak
Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856
PM Peak Hour trips when compared with the original Application for Development Approval
(ADA).
5
Quantum Park - DRIA 06-001 IMPMD 06-003
Memorandum No. PZ 06-143
In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have
no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the
intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be
conducted by the applicant, in compliance with a Development Order condition of approval
under Ordinance 01-54 (see Exhibit "0"). The Palm Beach County Traffic Engineering Division
has conducted their initial review and has requested the applicant provide additional
information, prior to formal response (see Exhibit "E").
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that they
have not identified any new or additional regional impacts resulting from the proposed
amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would
constitute a Substantial Deviation under Section 380.06(19){b)9 of the Florida State Statutes, a
finding which would cause the development to be subject to further DRI review. Based upon
their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not
identified any regional impacts, indicates that the City could conclude the same, under Section
380.06(19)(e)5.c. Florida Statutes, and it could make a finding that would allow the proposed
change to proceed without further DRI review.
The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working
with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on
creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at
the Tri-Rail station site. They indicate approximately 500 residential units and a mix of
nonresidential uses would be required for a successful TOO on the Tri-Rail site. TCRPC
encourages the City to receive some assurances from the applicant that they will support and
authorize the City and SFRT A to make the necessary changes to the development order in the
near future to accommodate the TOO. The applicant has indicated to staff that part of their
intent to request an increase in the number of residential units in this NOPC was to lay the
groundwork for a future amendment, when they and the SFRT A were in agreement on
proceeding on a deal.
However, staff is very hesitant to recommend for this change, when the 800 residential units
being requested to be added to the DRI, cannot currently be accommodated on the lots with
Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail
site is unsuccessful, the applicant will be motivated to request further amendments to lots with
industrial potential in order to accommodate the then vested residential units.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the juriSdiction of
the City. As such, the City's main focus is local issues and impacts. During the TART process,
there were local issues identified by the members. The Traffic Division of Public Works
expressed concern over the potential impacts associated with the contemplated abandonment
of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard. Additionally, Palm
Beach County Traffic Division has requested the applicant provide an AM and PM peak hour
analysis for various project access intersections, including Gateway and Quantum Boulevard, to
identify problems and introduce mitigation measures. Therefore, staff recommends a traffic
study be prepared by the applicant, evaluating those impacts (see Exhibit "F" - Conditions of
6
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
Approval). Staff also notes that no formal abandonment applications have been submitted
concurrent with this NOPC request. The applicant has indicated that abandonment petitions
would be submitted in the future, as part of the site plan review process for adjacent lots. With
the lack of a traffic study addressing Public Work's concerns over intersection impacts
associated with proposed roadway abandonments, staff recommends denial of the request to
create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed
Use (MU).
The Utilities Department has indicated that any unforeseen impacts to the water and sewer
systems and related levels of service will be borne by the developer. Drainage impacts will be
reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements
of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
Certain aspects of the change proposed by the applicant present issues that appear contrary to
City policies. The proposed changes are discussed below:
Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Officellndustrial and
Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed
Use (MU)".
As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of
valuable industrial land to residential uses. The City had considerable acreage for residential
purposes, but the amount of vacant industrial land that could accommodate business and
industry, which create jobs, generates substantial property taxes and requires fewer City
services, was in short supply. The applicant indicated that they understood the concerns of the
City and that they would limit the amount of residential use in an effort to address staff's fears of
the loss of industrial land.
The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units. In
that particular case, the applicant proposed to commit those 105 dwelling units to parcels
already designated as "Mixed Use (MU)", which did not entail any further conversion of
industrial land. Staff did not oppose that amendment, since no lots with industrial potential were
requested to be converted to Mixed Use (MU). However, now the applicant has submitted
NOPC #16, which proposes to convert 7.8 more acres with industrial potential to Mixed Use
(MU).
In 2005, the City contracted with a professional planning consultant, Michele Mellgren &
Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make
recommendation. The consultant generally recommended that the City preserve its remaining
industrial zoning and more specifically recommended that the City:
1. Amend the comprehensive plan to include one or more goals, objectives or policies
that would strongly discourage or prohibit the conversion or use of industrial land, to or
for non-industrial uses.
2. Amend the regulations of the PID district, as appropriate, to prohibit any additional
residential uses.
7
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
The City has since issued an RFP (Request For Proposals) to hire a consultant to implement
the recommendations of the study and prepare appropriate code amendments. The results of
the RFP's are to be presented to the Commission in August, for selection of the consultant.
Policy 1.19.4 of the Comprehensive Plan states, "The City shall continue to encourage and
enforce the development of industrial land as industrial parks or concentrated industrial areas in
order to maximize the linkages between complementary industries". The continued conversion
of industrial potential property within Quantum Park, especially conversion to residential uses,
appears to directly contradict City policy, and place greater burden on City services, almost
always with loss in City tax revenue.
Additionally, IPARC is partnering with the Economic Development Research Institute (EDR/) to
request bids from economic development and planning professionals to prepare a study
documenting the importance of having land designated for industrial use and strategies to
preserve, promote and manage light-industrial development. This initiative is a result of the
concerns expressed at various levels of government and business in Palm Beach County
regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have
reclassified industrial lands for residential use.
The need for industrial space is not expected to diminish. The City regularly receives inquiries
from the Business Development Board, realtors and businesses looking to relocate. One
example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square
feet in Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generally provide
higher paying jobs than commercial/retail businesses, which not only benefits the City, but
residents seeking employment as well. Additionally, staff acknowledged the retail potential of
parcels along Gateway Boulevard and supported a previous amendment request by the
applicant to allow a retail component to a principal industrial use. Staff reasoned that it needed
to make a concerted effort to retain and attract industrial tenants, rather than entertain a
potential request to eliminate the industrial land use for commercial or mixed use all the way
along Gateway Boulevard.
Since the year 2000, approximately 93 acres within Quantum Park and along South Congress
Avenue have been converted from industrial land use or zoning districts to residential use or
Mixed Use (MU). This has greatly reduced the ability of the City to attract spin-off businesses
from Scripps, start-up businesses or companies looking to relocate.
If the requested amendment is approved, the number of acres within Quantum Park with a
Mixed Use (MU) land designation will be 113.44 acres out of 553.13, or 20% of the property,
which exceeds any other land use designation within the park.
Lot 58 (4.93 Acres): This lot is currently designated as Office/Industrial (Ol) Land Use. The Land
Use would be revised to Mixed Use (MU).
This particular lot is currently developed with an office building, which obviously precludes the
industrial potential for the parcel under the present design. However, in times of demand,
buildings and sites are redeveloped to reflect the need or trend at that time. The applicant is
proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and
better use than that in place.
8
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
Increasinq the maximum number of residential units bv 800, from 1,105 to 1,905: The applicant
is proposing to increase the maximum number of allowed dwelling units to 1,905 on lots
designated Mixed Use (MU) on the Master Plan.
Staff reviewed the request for 800 additional residential units in the context of opposing further
conversion of parcels with industrial potential to Mixed Use (MU). In conducting the review, staff
researched the total combined units represented by those existing within or approved for the
immediately surrounding area. The currently approved, but unconstructed residential units in
Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the
Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units.
Additionally, recently approved or built commercial/office square footage in Quantum Park and
the immediate area (Quantum Park Village North and South projects, Renaissance Commons
and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals
are less than 50% complete and therefore represent lands or space available elsewhere for the
proposed uses.
With this number of dwelling units coming on line, and the nearly one million square feet of
commercial/office uncompleted, there does not appear to be justification for the request to
"rezone" land designated for industrial and/or office uses to residential/commercial use.
Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with
an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning
Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses
would be required for a successful TOO on the Tri-Rail site. This concept makes sense for
three reasons. First, the Tri-Rail site has a Governmental & Institutional (G&I) land use
designation and would not decrease industrial potential. Second, it creates a multi-modal hub
and reduces potential reliance upon the automobile. Thirdly, it creates a great opportunity to
provide workforce housing.
As noted earlier, TCRPC encourages the City to receive some assurances from the applicant
that they will support and authorize the City and SFRT A to make the necessary changes to the
development order in the near future to accommodate the TOO. The applicant has indicated to
staff that part of their intent with requesting the number of residential units in this NOPC was to
lay the groundwork for a future amendment, when they and the SFRT A were in agreement on
proceeding on a deal.
Staff is very hesitant to recommend for the change, when the 800 residential units requested to
be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU)
designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful,
the applicant will be motivated to request further amendments in order to accommodate the then
vested residential units.
Creation of Lots 102 and 103 and providinq a Master Plan desiqnation of Mixed Use (MU) for
both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the
remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of
Gateway Boulevard and designate them Mixed Use (MU).
As noted earlier, the Traffic Division of Public Works expressed concern over the potential
impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the
reallocation of traffic to Quantum Boulevard. Therefore, they recommend a traffic study be
9
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach
County Traffic Division has requested the applicant provide an AM and PM peak hour analysis
for various project access intersections, including Gateway and Quantum Boulevard, to identify
problems and introduce mitigation measures. Since no formal abandonment applications have
been submitted concurrent with this NOPC request, and with the lack of a traffic study
addressing Public Work's and Palm Beach County concerns over intersection impacts, staff
recommends denial of the request to create new lots 102 and 103 from the abandoned roadway
tracts and designate them Mixed Use (MU). Staff would recommend re-evaluation of the request
in a future NOPC request, once the appropriate traffic studies are concluded, mitigation
measures, if any, conducted and formal abandonment applications submitted. Since the
applicant indicates they intend to submit a follow-up NOPC request involving the TOO request
at the Tri-Rail Station, this should not be an inconvenience on their part.
Elimination of Note #3 on the Master Plan indicatinq "Total Vested Trips for the Project shall
remain 63,752 ADT": The applicant is proposing to update the DRI to today's accepted criteria
(by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour
(AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on
the Master Plan indicatinq "Buildinq heiqht shall not exceed 60 feet in Mixed Use areas": The
applicant has suggested removal of this note since it is no longer a correct statement with the
increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated
that height was not a Master Plan component in their review of NOPC #15 in 2005.
In each case of the requests to eliminate notes from the Master Plan, staff views these
proposals as housekeeping matters and does not object to their elimination. FOOT did not raise
any concerns with the conversion of trip calculations to AM and PM Peak Hour and the
discussion of building heights is better left to the Code of Ordinances. With that said, staff
recommends approval of the request to remove Notes #3 and #4.
Conclusion
Staff concludes that the request to amend the land use designation on Lots 17, 52 and 58 is not
in the City's best interest. Throughout this report, staff has noted the desire to retain the
industrial potential on the parcels. The need to be able to attract and retain light industry is
important to the community and acknowledged by the consultant hired by the City Commission
to study the M-1 zoning district. The consultant recommended a halt to further conversions of
industrial land to residential uses. Additionally, when analyzing the request within the scope of
Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each,
which would appear inadequate for the development of a first rate, well-integrated mixed use
project. The other mixed use projects in Quantum range from 14.2 acres to 26.5 acres.
Staff is very hesitant to support an increase in the maximum number of allowable residential
units in the DRI, when the 800 residential units requested to be added, cannot currently be
accommodated on the lots with Mixed Use (MU) designation. If the requested amendment
included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO), including
an increase in the corresponding dwelling units, staff would have supported that component of
the request. Without this component, the request for a 72% increase in the number of residential
units does not appear to be justified. As such, staff recommends denial of the request for
800 additional residential units.
Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103),
from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns
10
Quantum Park - DRIA 06-001/MPMD 06-003
Memorandum No. PZ 06-143
related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach
County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable
levels of service and safe operating conditions, conduct a traffic analysis, including necessary
mitigation measures. Without the traffic study, staff cannot support this request.
The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by
staff as a housekeeping matter, and as such, staff recommends their approval.
In conclusion, staff recommends the applicant withdraw this application and bring forward a new
NOPC (Notice of Proposed Change) to the DRI, under the following conditions:
1. The Tri-Rail site is made part of the application, incorporating a Mixed Use designation,
with only the additional units conceptualized for the TOO included.
2. A traffic study as requested by the City, County and State is submitted, including
intersection analyses and mitigation measures.
3. The submittal of a formal abandonment application should precede any request to create
lots within existing right-of-way and provide a use designation.
4. The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the
application, including the additional units not conceptualized for the TOO.
RECOMMENDATION
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review.
With regards to the proposed modifications to the Quantum Park Master Plan staff recommends
denial of the requested amendments due to the conflicts noted with the City's Comprehensive
Plan, its inconsistency with the City's current direction to preserve and expand land availability
for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County
and State.
S:IPLANNINGISHAREo\WPIPROJECTS\QUANTUM PARK 2006\NOPC #16+ MPMO\DRIA 06-0011STAFF REPORT #16.DOC
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Florida Department of Transportation
EXHIBIT 0
JEB BUSH
GOVERNOR
PLANNING AND ENVIRONMENTAL MANAGEMENT. DISTRICT 4
3400 West Commercial Blvd., Ft. lauderdale, Fl 33309-3421
Telephone (954) 777-4601 Fox (954) 777-4671
Toll Free Number: 1-866.336-8435
DENVER J. STUTLER, JR.
SECRETARY
~~r""~~\\/~iF'l. ..'
3"'~~ ...~g;;.K'~ ~~,
June 26, 2006
JUN '} Ii ?OOfi
Mr. Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
fK&:~SURf (GASI
REGIONAL PLANNING COUNCI;
Dear Mr. Busha:
SUBJECT:
Quantum Park Development of Regional Impact (DR!)
City of Boynton Beach, Palm Beach County
Notification of Proposed Change (NOPC) No. 16
As requested in your letter dated May 25,2006, the Department has reviewed the Quantum Park DR! NOPC No. 16.
The Quantum Park DRI is located north ofthe C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of
Congress Avenue in the City of Boynton Beach. The DR! was originally approved on December 18, 1984 as a
mixed-use development. The current buildout date for the DR! is December 18, 2014_ The following table
summarizes the DRI's approved land uses and intensities to date:
Approved Development
Land Use Original DO As of 15th
(1984) Amended DO
(2/15/2005)
Industrial 4,183,750 sf 1,700,000 sf
Retail 300,000 sf 469,450 sf
Office 1,969,500 sf 797,900 sf
Hotel 200 rooms 200 rooms
Multi Family Residential NA 1,105 du
Warehouse NA 22,700 sf
High School NA 2,500 students
Auto Dealership NA 53,072 sf
Movie Theater NA 4,000 seats
Restaurant- High Turover NA 28,400 sf
Restaurant - Quality NA 69,250 sf
Convenience Store/Gas NA 3,054 sf
Ice Skating Rink NA 93,430 sf
..-
Mr. Michael J. Busha
June 26, 2006
Page 2
In this NOPC, the applicant proposes the following changes:
I. Increase the maximum number of residential units within the Mixed Use area from the currently approved
I, I 05 units to 1,905 units, an increase of 800 dwelling units.
2. Re-designate lots 17,52,58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52
are currently approved for Office/Industrial w/Retail Sales. Lot 58 is currently designated as
Office/Industrial. No description was provided for Lot 103.
3. Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous
Development Order (DO) Number 15. Note 3 addressed the Total Vested Trips for the DRI. Note 4 stated
that the building height for Mixed Use areas was not to exceed 60 feet.
Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT. The trip threshold
calculated in support of Amendment No. 15, on December 1,2005, was stated to be 65,069 ADT.
4. Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south
of Gateway Boulevard, and convert them to Lots i 02 and 103. Change the land use designation of Lots 102
and 103 to Mixed Use.
The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses
for the Quantum Park DRI. The results of a trip generation comparison indicated that the proposed development plan
would generate 1,138 fewer AM peak-hour trips and 856 fewer PM peak-hour trips than the original development
plan.
In conclusion, we have no objection to this NOpe. However, a review of the 2005/2006 Annual Report reveals that
the applicant has not submitted traffic signal warrant studies for the intersections of Quantum Boulevard with
Gateway Boulevard and Congress A venue, as required by Ordinance No. 0 I-54. We recommend that the applicant
comply with this Development Order condition.
Please feel free to contact this office at (954) 777-4601 should you have any questions.
Sincerely,
GS:mmlcw
cc: D. Ray Eubanks - Community Program Administrator, FDCA
Bob Romig - Director, Office of Policy Planning, FDOT
Gerry 0 'Reilly - Director of Transportation Development, FDOT
John Krane - Transportation Planning Engineer, FDOT
Chon Wong - Senior Transportation Specialist, FDOT
S:\OPEMlSYSTEMS PLANNJN0ID40RIlQUAN1UM\NOPCI6B.DOC
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
lbny Masilotti, Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
'An Equal Opportunity
Affirmative Action Employer"
June 13, 2006
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
RE:
Quantum Park - NOPC #16
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
EXHIBIT E
The Palm Beach County Traffic Division has reviewed the Notification of Proposed
Changes to the previously approved project entitled Quantum Park, pursuant to the
Traffic Performance Standards ir. Article 12 of the Paim Beach County Land
Development Code. The project is summarized as follows:
Municipality:
Quantum Park - North of Gateway Boulevard, west of High Ridge
Road
Boynton Beach
Location:
Approved:
. Industrial
. Retail
. Office
. Hotel
Latest Approval - NOPC 15:
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
Latest Approval - NOPC 15:
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
4,183,750 SF
300,000 SF
1,969,500 SF
200 Rooms
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
3,054 SF
1 ,105 Dwellings
5,500 SF
150 Employees
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
~[D). if & if II WI qnJ
wJ !. .fI4, 6 m; JJ).
IL-
I fliF'l\HTME._NT OF DEV . I
'----- ElOf'MENl
'.
, .
Page - 2
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
3,054 SF
1,905 Dwellings (800 Additional Units)
5,500 SF
150 Employees
New Daily Trips:
New AM PH Trips:
New PM PH Trips:
N/A - Trip Reduction from Original Approval
5,809 - Trip Reduction from Original Approval
7,202 - Trip Reduction from Original Approval
Based on our review, the Traffic Division has the following comments:
· Provide a copy of the latest version of the spreadsheet illustrating all portions of
the project which have been built and in place.
· Provide a comparison of Daily trip generations under the .proposed NOPC #16"
and .Previously Approved" scenarios.
· Provide and AM and PM peak hour analysis for the following project access
intersections, identify problems and introduce mitigations:
o Gateway Boulevard / High Ridge Road
o Gateway Boulevard I Quantum Boulevard
o Gateway Boulevard I Park Ridge Boulevard
o Gateway Boulevard I Congress Avenue
o Quantum Boulevard / Congress Avenue
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/7/).
Masoud Atefi, M
Project Reviewe
cc: Pinder Troutman Consulting Inc.
File: General - TPS - Mun - Traffic Study Review
F :\TRAFFIC\ma\Admin\Comments\060537 .doc
EXHIBIT "F"
Conditions of Approval
Project name: Quantum Park NOPC #16
File number: DRIA 06-001lMPMD 06-003
Reference:
I DEP ARTMENTS I INCLUDE I REJECT !
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. City Engineering staff agrees with the concurrency requirements of the X
Palm Beach County Traffic Division. Furthermore, the request by the
Florida Department of Transportation shares components with County
requirements. Therefore, Staff recommends that the applicant comply
with the requests of both the Palm Beach County Traffic Division in
its letter dated June 13, 2006 to Mike Rumpf and of the Florida
Department of Transportation in a letter dated June 26, 2006 to
Eugene Gerlica, applicant. The applicant must identify a strategy to
mitigate any identified traffic problems, and provide surety to the City
for any necessary improvements at the intersections of Quantum
Boulevard with Gateway Boulevard and Quantum Boulevard with
Congress A venue, prior to City approval of NOPC #16. The
applicant has chosen to not provide the information necessary to
enable staff to make a qualified statement regarding disposition of
NOPC #16. Therefore, the Engineering staff recommends denial of
NOPC #16.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X i
,
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
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:
3. The elimination of Quantum Lakes Drive and Quantum Boulevard, south of X
Gateway Boulevard, will require formal abandonment by the City, for which
applications need to be filed and approved.
4. If the City Commission supports and approves this NOPC request, staff X
recommends that the approval exclude the dwelling units intended for a
potential Tn-Rail/TaD project (conceptualized as 500 units) from this
application and that they be combined with the subsequent NOpe request
required as a pre-requisite to a TaD project on this parcel.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
6. The developer and/or occupants of Quantum Park shall provide a traffic X
signal, if warranted, at the Quantum Boulevard - Congress A venue and
Gateway Boulevard - Quantum Boulevard intersections.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\Planning Templates\Condition of Approval 2 page revised 2003 fonn.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park DRI NOPC # 16
APPLICANT'S AGENT: Eugene Gerlica
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an increase in
the maximum number of dwelling units by 800, change in Master Plan
designation of Lots 17, 52, & 58 to Mixed Use (MU), creation of Lots
102 & 103 and designate each (MU) and eliminate Notes #3 & #4 from
the Master Plan.
LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton
(C-16) Canal
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~\Plrlnnina\SHARED\WP\PROJECTS\Quantum Park Amendment #16\DO,doc
ITE-M C.3'U~L - ~st Reading
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 Otlice
[gJ August 1, 2006 July 17,2006 (Noon.) 0 October 3,2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adoption of Ordinance that amends the Art in Public Places Program to clarify that projects which
commenced prior to the establishment of the Public Art Fee are exempt and not subject to the fee, even when a site plan
extension is requested.
EXPLANATION: A property owner who seeks a site plan extension is currently subject to the provisions of the Art in Public
Places Program which imposes a Public Art Fee on the developer. It has been brought to the attention of the City that
imposition of the fee on projects which were first approved prior to the establishment of the fee places an unexpected burden
on those projects. The proposed ordinance remedies that issue by expanding the list of exemption to projects that first
received Commission approval prior to the adoption of the Public Arts Fee ordinance. The Arts Fee ordinance went into effect
on 10/5/05.
There are two collateral issues that will be returned to the Commission for consideration in the near future:
1. Should the Public Art fee be reduced from I % to some lesser amount?
2. Should the Public Art Fee be capped?
Staff is in the process of gathering additional information on these two additional issue. If directed by the Commission, an
additional ordinance will be prepared.
PROGRAM IMPACT: Loss of revenue to the Public Art Fund.
FISCAL IMPACT: The immediate lost fee will be $117,445. It is unknown if other site plan extensions will be sought
which would give rise to additional lost fees.
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~
JMM4 ~
City Attorney / Finance
AL TERNA TlVES: Do not amend the ordinance and maintain the fee for
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates 10t9 City Clerk's_Qftice Meetiog Dates i!uQCity Clerk's Office
~ August I, 2006 July 17.2006 (Noon) D October 3,2006 September 18, 2006 (Noon)
D August 15,2006 July 31. 2006 (Noon) D October 17,2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November 8. 2006 October 16, 2006 (Noon)
D September 19,2006 September 5, 2006 (Noon) D Novcmber 21. 2006 November 6, 2006 (Noon)
D Anno uncem en tslPresentat ions D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Adoption of Ordinance that amends the Art in Public Places Program to clarifY that projects which
commenced prior to the establishment of the Public Art Fee are exempt and not subject to the fee, even when a site plan
extension is requested.
EXPLANA TION: A property owner who seeks a site plan extension is currently subject to the provisions of the Art in Public
Places Program which imposes a Public Art Fee on the developer. It has been brought to the attention of the City that
imposition of the fee on projects which were first approved prior to the establishment of the fee places an unexpected burden
on those projects. The proposed ordinance remedies that issue by expanding the list of exemption to projects that first
received Commission approval prior to the adoption of the Public Arts Fee ordinance. The Arts Fee ordinance went into effect
on 10/5/05.
There are two collateral issues that will be returned to the Commission for consideration in the near future:
I. Should the Public Art fee be reduced from] % to some lesser amount?
2. Should the Public Art Fee be capped?
Staff is in the process of gathering additional infonnation on these two additional issue. If directed by the Commission, an
additional ordinance will be prepared.
PROGRAM IMPACT: Loss of revenue to the Public Art Fund.
FISCAL IMPACT: The immediate lost fee will be $
sought which would give rise to additional lost fees.
It is unknown if other site plan extensions will be
ALTERNA TlVES: Do not amend the ordinance and maintain the fee for projects seeking site pia extensions.
Department Head's Signature
1~
City l'V1anager's Signature
Assistant to City Manager _ ~
Department Name
JMM4 C4u.t
City Attorney I Finance
S IJlIIIIIINFORMS,Vil'Ji)\ 111!\1 RU)lTST I(lRM D()C
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING SECTION 2-163 (b) OF
5 CHAPTER 2 OF THE CODE OF ORDINANCES TO ADD
6 PROJECTS THAT RECEIVED SITE PLAN APPROVAL
7 PRIOR TO OCTOBER 5, 2005 TO THE LIST OF
8 PROJECTS THAT ARE EXEMPT FROM THE PUBLIC
9 ART FEE, PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
11 DATE.
12
13 WHERE, the City Commission has heretofore established a public art fee applicable
14 to all development and redevelopment; and
15 WHEREAS, the City Commission has also adopted a policy which imposes the
16 public arts fee on projects granted a site plan extension subsequent to adoption of the public
17 art fee ( October 5, 2005) ; and
18 WHEREAS, the City Commission, upon recommendation of public comments and
19 staff recommendations, deems it appropriate and in the best interests of the citizens and
20 residents of the City of Boynton Beach to add projects that received site plan approval prior to
21 the adoption of the public art fee (October 5, 2005) to the list of projects exempt from the
22 public arts fee.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27
Section 2.
Section 2-163 (b) of Article XII, Arts in Public Places, is amended to add
28 a new subsection (3) as follows:
29 (3) Proiects which obtained site plan approval prior to October 5, 2005,
30 notwithstanding a subsequent request for site plan extension.
C:\Documents and Settings\jonese\LocaI Settings\Temporary Internet Files\OLK4\PubIic Art Fee
exemptions. doc
Section 3. Each and every other provision of the Land Development Regulations
2 not herein specifically amended, shall remain in full force and effect as originally adopted.
3 Section 4. All laws and ordinances applying to the City of Boynton Beach In
4 conflict with any provision of this ordinance are hereby repealed.
5 Section 5. Should any section or provision of this Ordinance or any portion
6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
7 affect the remainder of this Ordinance.
8 Section 6. Authority is hereby given to codify this Ordinance.
9 Section 7. This Ordinance shall become effective immediately.
10 FIRST READING this _ day of , 2006.
11 SECOND, FINAL READING AND PASSAGE this _ day of , 2006.
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
15 Mayor
16
17
18 Vice Mayor
19
20
21 Commissioner
22
23
24 Commissioner
25
26
27 Commissioner
28 ATTEST:
29
30
31 City Clerk
32
C\Documents and Settings\jonese\Local Settings\Temporary Internet Files\OLK4\Public Art Fee
exemptions. doc
Pyle, Judith
From:
Sent:
T'l:
)ject:
LeJeune, Carisse
Wednesday, July 26, 2006 2: 13 PM
Pager (CM) - Hawkins, Wilfred; Prainito, Janet; Pyle, Judith
Fw: Reconsideration Request - Boynton Beach Lofts
Here are the figures from Mike. If we can get the agenda item finalized before
distribution.. .great! If not, we can put it in their boxes tomorrow. Judy, you can sign
my initials...I have already reviewed the cover sheet. But Wilfred also needs to review
and sign off. Email me if you have any questions.
Thanlk you,
Carisse
Sent from my BlackBerry Wireless Handheld
--------------------------
_____Original Message-----
From: Rumpf, Michael <RumpfM@ci.boynton-beach.fl.us>
To: LeJeune, Carisse <LeJeuneC@ci.boynton-beach.fl.us>
CC: Rumpf, Michael <RumpfM@ci.boynton-beach.fl.us>
Sent: Wed Jul 26 11:42:41 2006
subject: FW: Reconsideration Request - Boynton Beach Lofts
Carisse,
Here is the estimated value, as determined by staff. If we receive a figure
from the developer, we will pass it along to you. Let me know if you need anything
further. Ed
From: Rumpf, Michael
~~nt: Wednesday, July 12, 2006 12:13 PM
Byrne, Nancy
cc: Greene, Quintus
subject: RE: Reconsideration Request - Boynton Beach Lofts
The Boynton Lofts project was filed on November 17, 2004 and approved April 19, 2005. The
Arts Fee was adopted in November 'OS.
Based on 48 units at $200,OOO/unit, and 18,718 sq ft of office/commercial space at
114.57/unit, the total value is estimated at $11,744,521, and total Arts Fee contribution
- $117,445.
From: Bressner, Kurt
Sent: Wednesday, July 12, 2006 11:39 AM
To: Byrne, Nancy; Greene, Quintus
Cc: Rumpf, Michael; LeJeune, Carisse
subject: Reconsideration Request - Boynton Beach Lofts
Please find attached an agenda cover sheet reflecting a reconsideration request for the
arts fee. I told the Commissioner that I did not support the request and that the
Commission would have to amend the code to do what he was proposing. I need to confirm
that Boynton Beach Lofts was on the "grandfathered" list of developments. If you can,
give me a ball park figure on the 1% fee on this development, that would help frame the
issue.
Sigh....
2