Agenda 10-02-07
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
OCTOBER 2, 2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
DISTRI T I
Jose Rodriguez
Vice Mayor
Mack McCray
Commissioner - District II
Carl McKoy
Commissioner - 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
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the 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 - Time Limit - Three (3) Minutes
. 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, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
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 who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
October 2, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father William Stomski- St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. November 7, 2007 City Commission meeting has been postponed to
Tuesday, November 13, 2007. The Agenda Preview meeting will be held
on November 9, 2007 at 9 a,m.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. National Geographic Information Systems Day - Nov. 14, 2007
b. National Customer Service Week - Oct. 1-5, 2007
Agenda
Regular City Commission
Boynton Beach, FL
October 2, 2007
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Accept the resignation of Susan Buchanan, a regular member of the Education
and Youth Advisory Board.
B. Appointments
Appointment
To Be Made
Length of Term
Board Expiration Date
Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2)
Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2)
Planning & Development Board Alt 9 mo term to 12/07
Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2)
Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2)
Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (2)
Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2)
II McCray
III Rodriguez
I Weiland
II McCray
III Rodriguez
I Weiland
II McCray
II McCray
III Rodriguez
IV McKoy
Mayor Taylor
III Rodriguez
III Rodriguez
III Rodriguez
IV McKoy
Mayor Taylor
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A, Minutes
1. Special City Commission - September 13, 2007
2. Agenda Preview Conference - September 14, 2007
3. Regular City Commission - September 18, 2007
:2
Agenda
Regular City Commission
Boynton Beach, FL
October 2, 2007
B, Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Approve the Senior Center Emergency Re-roof due to water damage in
the amount of $138,400. Re-roofing quotation is based on Bid #036-
2511-06/0D for re-roofs and roof repairs.
2. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR
& BYPASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid #072-2822-
07/0D to Advance Generator Sales and Service Inc. of Royal Palm
Beach, FL in an estimated amount of $71,000.
C. Resolutions
1. Proposed Resolution No. R07-115 RE: Approving and
authorizing execution of a contract for design services for $322,410 to
Miller Legg to provide construction documents, bidding assistance and
construction review for the redevelopment of Boat Club Park, the
boardwalk/day dock Jaycee Park and replacement of the boardwalk at
Oceanfront Park.
2. Proposed Resolution No. R07-116 RE: Approving and
authorizing signing of an Agreement- for Water Service outside the City
Limits with Frederick Johnson for the property at 1047 Highland Rd.
Lantana, FL (Ridge Grove Lt. 61)
3. Proposed Resolution No. R07-117 RE: Approving and
authorizing execution of a revised agreement between Palm Beach
County and the City to provide funding in an amount up to $380,000 for
improvements to Boat Club Park.
4. Proposed Resolution No. R07-118 RE: Approving
Task Order U-07-04 for "SCADA AND TELEMETRY GOODS AND
SERVICES" RFP #037-2821-07/00 in the amount of $996,397.42 for the
replacement of the existing water treatment plant control systems and
replacement of the SCADA system.
5, Proposed Resolution No. R07-119 RE: Approving and
authorizing execution of an Agreement with Counseling Services
Institute, Inc. for an Employee Assistance Program for the City of
Boynton Beach employees for an estimated annual expenditure of
$10,080.
6. Proposed Resolution No. R07-120 RE: Amending
Resolution No. R06-085 deleting William Mummert, Director of Financial
Services and Mary Munro, Assistant to the Director of Finance, and
adding Lori Laverriere, Interim Director of Financial Services for the City
3
Agenda
Regular City Commission
Boynton Beach, FL
October 2, 2007
of Boynton Beach to the list of designated individuals authorized as
signatories for all City accounts at the Bank of America.
D. Approve the reduction of a letter of credit for the Marina Village at Boynton
Beach from $739,469.23 by 90% to $73,946.92.
E. Authorize Mayor and/or City Manager to present Boynton Beach Property Tax
Reform proposal to Florida Taxation and Budget Reform Commission Public
Hearing on October 10th (Miami-Dade) or October 11th (Broward County).
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
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.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
Railroad Avenue (ABAN 07-005)
Jeff Tom berg
4th Street LLC
East of the F.E,C. Railroad between SE 2nd Avenue and SE 4th
Avenue (adjacent to 399-417 SE 4th Street)
Request for abandonment of a portion of Railroad Avenue right-
of-way approximately 30 feet wide by 484 feet long. (1st
Reading of Proposed Ordinance No. 07-029)
SE 4th Avenue (ABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 4th Street (adjacent to 416-417
SE 4th Avenue)
Request for abandonment of the west one-half of SE 4th Avenue
right-of-way located east of Railroad Avenue, approximately 20
feet wide by 122 feet long. (1st Reading of Proposed
Ordinance No. 07-030)
C. Amending Chapter IV Site Plan Review of the City's Land Development
Regulations specifying the circumstances wherein Conditions of Approval on a
given site plan pertaining to "Unity of Title" may be released. (1st Reading of
Proposed Ordinance 07-031)
IX. CITY MANAGER'S REPORT:
None
4
Agenda
Regular City Commission
Boynton Beach, FL
October 2, 2007
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January 2008
B. Discuss Possible Funding for Board Recognition Dinner - December 2007
XI. NEW BUSINESS:
A. Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-026 Re: Amending
Article 1 of Chapter 2, Section 2-13.2 relating to the Community
Redevelopment Agency (CRA) to provide that the City Commission shall
be the governing body of the CRA and the Mayor and Vice Mayor the CRA
Chairperson and Vice-Chairperson.
2. Proposed Ordinance No. 07-027 RE: Amending Part
III of the Land Development Regulations, Chapter I, Article V. Impact
Fees and Dedications revising the definition for residential unit to exclude
hotels, condominium hotel units, extended stay hotel units or timeshares.
3. Proposed Ordinance No. 07-028 RE: Amending
Article III, of Chapter 18 of Boynton Beach Code of Ordinances, entitled
"Pensions for Police Officers" and amend Section 18-172 providing for
buyback of service.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-032 RE: Amending
Chapter 23, Article II of the Code of Ordinances of the City of Boynton
Beach, entitled "PUBLIC SERVICE TAX" by adding a new Division 4 to
impose a ten percent (10%) utility tax on the purchase of water service
within the City.
D. Resolutions
None
5
Agenda
Regular City Commission
Boynton Beach, FL
October 2, 2007
E. Other
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT THIS
MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHAll FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTEllO, (561) 742-6013 AT lEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 100207 9/28/07 10:00 a.m.
S: \CC\ WP\CCAGENDA \AGENDAS\year 2007\100207.doc
6
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
[8J October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
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RECOMMENDATION: Present Proclamation -0 v?~
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EXPLANA TION: Geographic Information Systems Day was created in 1999 to promote geographic information ~te~;
technology towards educating schools, the general public and organizations in order to showcase the important us~thiP;;
technology to resolve issues in government, education and science, environmental management and national resources. 1ii~
City of Boynton Beach is committed to this year's GIS theme "Discovering the World Through GIS" in order to showcase
GIS applications to schools, organizations and the general public,
[8J Announ cern ents/Presen tati on s 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0
0 Consent Agenda 0 Legal -.J
""
0 Code Compliance & Legal Settlements 0 Unfinished Business f'T'/
-U
0 Public Hearing 0 -.J
PROGRAM IMPACT: This Proclamation will help raise public awareness of GIS technology and its practical applications,
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
u/~~ ~A ~
Depart t H';;j,s Signature
City Manager's Signature
Public Affairs
Assistant to City Manager
~
Department Name
City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
llroclamatton
Whereas, The City of Boynton Beach is extending and expanding invitations to schools
and the general public to increase the understanding of Geographic Information Systems
Technology; and
Whereas, National Geographic Awareness Week is November 12 - 16,2007: and
Whereas, the first GIS day was in November 1999 and was created to promote
Geographic Information Systems technology towards educating schools. the general
public, and organizations in order to showcase the importance of the technology: and
Whereas, Geographic Information Systems technology is utilized to resolve issues in
Government, Education and Science, Environmental Management and National Resources:
and
Whereas, National Geographical Information System (GIS) Day is November 14, 2007;
and
Whereas, the City of Boynton Beach is committed to this year's GIS theme "Discovering
the World through GIS" in order to showcase GIS applications to Schools,
Organizations, and the General Public.
NOW THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim November 14.2007. as:
,t!ational ~eograpbi( 3Jnformation ~p~tem~ j1Bap
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of
October, 2007.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon,) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
[8J October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report C)
-.J
NATURE OF [8J Administrative 0 New Business ""
I'Tl
AGENDA ITEM 0 Consent Agenda 0 Legal -0
0 Code Compliance & Legal Settlements 0 Unfinished Business -.J
0 Public Hearing 0 -0
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RECOMMENDATION: ..
Proclaiming the week of October I through October 5, 2007 as National Customer Service Week in the City ofBo~n
Beach.
EXPLANATION:
As an organization dedicated to serving the public, the City of Boynton Beach fully supports the ideas and practices embodied
in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will
remind our customers how important they are to all of us.
PROGRAM IMPACT:
We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service.
FISCAL IMPACT: (Include Account Number where funds will come from)
None
ALTERNATI~VE.. :
N one I;
I'll \<i-', ~ g
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Department Head's Signature
~
City Manager's Signature
Assistant to City Manager C~
Utilities
Department Name
City Attorney I Finance
XC: Peter Mazzella (w/attachment)
Anthony M. Penn
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
A
An entity built on customer service understands and anticipates the customers' needs, It
designs goods and services to meet those needs and builds products that perform to customers'
expectations.
The City of Boynton Beach strives to deliver services to its citizens in such a manner,
with an emphasis on quality and innovation, The City endeavors to be responsive, cooperative,
and culturally and environmentally sensitive to its citizens, while embracing the highest standards
of integrity and accountability to those it serves,
The U.S, Congress proclaimed National Customer Service Week a national event in
1992 to create a positive message that lasts all year long and to provide a productive opportunity
to generate an even stronger ongoing commitment to customer service excellence, National
Customer Service Week provides the City of Boynton Beach and area businesses the opportunity
to recognize and thank the employees who dedicate themselves to customer satisfaction and to
recognize and thank the customers who are the reason for their existence. This celebration also
offers the public the opportunity to recognize and thank those customer service professionals
who serve them,
The theme of this year's National Customer Service Week is "Connecting with
Customers." There is continued effort at the City of Boynton Beach for achieving excellence in
service, products and environmental quality through integrity, stewardship, creativity, diversity
and innovation, Customer service professionals can go a long way in ensuring customer
satisfaction,
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, do hereby proclaim October 1 - 5, 2007
"National Customer Service Week"
in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs
and activities.
In witness whereof, I have set hereunto my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of October in the
Year 2007.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
v. ADMINISTRATIVE
ITEM A.
Pyle, Judith
From: Claude, Sherri
Sent: Friday, September 14, 2007 9:40 AM
To: Prainito, Janet
Cc: Pyle, Judith; 'srw41@bellsouth.net'
Subject: FW: msg from Susan Buchanan.
From: TomorrowCn@aol.com [mailto:TomorrowCn@aol.com]
Sent: Wednesday, September 12, 2007 7:12 PM
To: Claude, Sherri
Subject: msg from Susan Buchanan.
Hi Sherri,
It is with regret that I must inform you and the board that I will be resigning due to my teaching schedule. It,
and other Board memberships, have already caused me to miss the maximum allowed times,
This semester I have been assigned to teach night classes which will make it almost impossible to attend the
meetings. This schedule is subject to change each semester so it is always difficult for me to predict my
availability .
It has been an honor to be a part of this board. I feel it only fair to the dedicated members that all members
work as hard as they do, Since I cannot do this for the rest of this semester, I hereby submit my resignation.
My best wishes for the continued success of this outstanding group of people.
Susan
PS I wish to send a notice to Steve as well. Will you please send me his current email?
thanks!
See what's new at AOL.com and Make AOL Your Homepage,
9/14/2007
V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 10/02/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION
SUBMITTED
Cwynar William Planning & 02/28/07
Development Board
Immer Judy Community Recreation & 9/24/07
Relations Bd Parks Bd.
Krabill Thomas Veterans Advisory 9/17/07
Commission
* * * Leuchter Kurt Veterans Advisory 5/9/07
Commission
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
S:\CC\WP\BOARDS\APPMENTS\Board Year 2007\APPLlCANTS ELIGIBLE FOR APPOINTMENT 09-18-07.doc
1
CITY OF BOYNTON BEACH
ADVISORY BOARD APPOINTMENT APPLICATIOi\J
Thanky'Ju for '(Jur interesc in se:ving on a Ci::y advisory board and for taking :-e t'~e to.ci D_.~ ~;5 ;0":'-
Please print or type all answers clearly. If interest is expressed -I apJo:-,:::'T"ie,-::::o ~='-': ::rac-, :::-,,:
beard, seieccions must be prioritizec. If :nstructior:s are not followed or ::he 3PQ,ic3tJ1S rD:: ':-1 e::: ,j-:: ;-::5
er,tiie::YI ::h2 forill 'Ivi!l be re::xnec hr cI3ri~caLion.
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Are ,/DU a reg,stered voter'~'
Do you r2sioe within the Boynlon Beach Ciry' limitsl
Do you own!mar,age a business \Nithin ::ne Ci:-y iiGlits:
If "Y2S": name of bL!siness
\r2 y'DJ curreil~:'/ ser\Jing or; a C:;ty: boord?
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Have you ever been convicted of a cri:r,el
If so, when
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Pi ease Indicate by "UGlJer to wnicn ad'/iso,/ ooar::1(s) YO'J are
ol1!y one board. Piecse do not ClecK more than three Joarcs,
the most desired and 3 being the leas~ preferable. For Joard
times and dates, see the attachec iisting,
seeKln<;j 2Jp'Jirtr"':ert, \D_ T::. 52:-,e :-
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Building Board or Acjustment&. AJpe2iiS
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Code Com:Jliance Board
C=ommunity' Reiations Board
':ommunity RedeveloprT'ien: ,~genc,!'"
E:ducation Advisory' Board ., ,-.r
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employees' Pension Board
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What personal qualifications do you possess (i.e., profession, previous experience) which you feel would
'1ke you a good candidate for this board? Please be specific.
First n.' Il~ - n ^,j
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-or
Feet free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East
Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It
will be placed in the City's Talent Bank,aJile to which Commissioners ma'y'turnJorcandidates whenuboaf'd
openings occur.
I hereby certify that the statements and answers provided herein are true and accurate. I understand that,
if appointed, any false statements may be cause for removal from a board.
Signature:~ ~
Date:
g \ 11\01
np
3;:?'10 [:3 2:07 PM
j:"snr.:;s;:a\cc\wp\boarcs\appments\master form - talent bank form.doc
JUDY IMMER
344 Spruce St.
Boynton Beach, FL 33426
(561) 706-5121 alwayslucky1@msn.com
EXPERIENCE:
9/99 - present Purity Wholesale Grocers, Boca Raton FL Benefits Manager
. Fully responsible for all aspects of the benefits program, such as self-insured medical, fully-insured
dental, vision, life, AD&D, long and short-term disability, FMLA, dependent care and medical flexible
spending accounts, HIP AA, and COBRA. In addition to the medical benefits, responsible for all
aspects of the 401k plan, workers' compensation, safety, supervision ofthe maintenance department,
quarterly unemployment taxes, in-depth lmowledge ofHRlS systems, recruiting, and new hire
orientation.
. Medical benefit duties include obtaining quotes and selecting vendors as needed during the annual
renewal process; key liaison between benefit consultants and Purity; troubleshooting employee issues
with vendors, monthly enrollments and terminations, weekly tracking of claim expenses, processing
monthly bills, in-depth lmowledge of plan documents, conducting health fairs at both the headquarters
in Boca Raton and the warehouse in Lebanon, Indiana, and all other benefit issues that arise.
. 401 (k) responsibilities include annual fund review, discrimination testing, quarterly enrollments,
terminations, loan processing, monthly reconciliation reports, QDROs, and bi-weekly transmittal of
employee contributions.
. Shared recruiting responsibility for all positions in all states, using newspaper ads and employment
agencies. Involved in initial phone interviews and arranging for secondary interviews with managers.
. Processing of quarterly unemployment taxes for 39 states and Puerto Rico. Prompt return and
completion of unemployment compensation requests from former employees.
. Supervised the maintenance department whose duties include any and all building repairs and
preventative care, vending machine issues, petty cash, purchasing suppljes, etc,
6/96 - 9/99 GeoSyntec Consultants, Boca Raton, Florida Sr. Human Resources Generalist
. Detailed understanding of HMO and PPO benefit plans, medical and dependent care FSAs, 40 1 (k)
Retirement Plan, short and long-term disability, life and voluntary life insurance coverage, FMLA
HIP AA, employment law, and corporate policies and procedures.
. Conducts all aspects of benefit administration such as new hire enrollment, reconciliation of insurance
premiums for self-funding accounts, COBRA documentation, follow-up and resolution of various
benefit problems and employee concerns.
. As the HRlS system specialist, responsibility included creating ad-hoc reports, updating system
enhancements, inputting new hires, recording payroll changes, etc. Evaluated several HRlS systems for
implementation in 1999.
. Various human resource duties such as providing termination materials to department employees,
monthly compensation analysis using excel spreadsheet and conduct research projects on specific issues
as they arise.
. Supervise and train the Human Resources Secretary.
EDUCATION:
8/93 - 12/95
Lawrence Technological University, Southfield, Michigan. Bachelor of science degree in Business
Administration with emphasis on Human Resources.
12/91 - 8/93
Oakland Community College, Farmington Hills, Michigan. Associate of science degree in Business
Administration.
I
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CITY OF BOYNTON BEACH {~~>[ijJC1~J
ADVISORY BOARD APPOINTMENT APPLICATION
Tr ank you for your interest in serving on a City advisory board and for taking the time to fill out this form.
PI.~~ase print or type all answers clearly. If interest is expressed in appointment to more than one
board, selections must be prioritized. If instructions are not followed or the application is not filled out in its
entirety, the form will be returned for clarification.
Name~6MRS'M, K~A\3.iLL Telephone#56f-797-C)373
Address' II l/-f j,AK~ /~f<J2__1 2D ~ r1 Zip Code :5.3V~
E-rnail Address: KRUZ/;.! if ICIH61MAlL , CoiV'.
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Ple:lse indicate (by number) to which advisory board(s) you are seeking appointment. You may serve on
onl)' one board. Please do not check more than three boards. Prioritize your choices by number, 1 being
the most desired and 3 being the least preferable. For board requirements, responsibilities and meeting
tim:~s and dates, see the attached listing.
Current occupation or, if retired,;J 1--. ' ;J
pri:>r occupation .A q, r:$f1/l.D lZ>IJi))e..J3/2
Ed .Jcation fj ~ H ~M 6 L- (}eR1.J
"---Y ;1.,/'1
(../ ~~/./?
Are you a registered voter? j!;.
Do you reside \/vi:hin the BO'>'iiton Beach Ci'c">, limits?
Do you own/manage a business within the City limits:
If "yes", name of business
rE: you currently serving on a City board?
Ha:e you served on a City board'in the past?
Ifso, which board(s) and when?
!/Yes
No
~\,(::"C
Yes
r, ' "
1\..,.
:x No
'{es
Yes
-
Ha'/e you ever been convicted of a crime?
If so, when
where
__ Arts Commission
___ Building Board of Adjustment & Appeals
___ Cemetery Board
___ Code Compliance Board
___ Community Redevelopment Agency*
___ Community Relations Board
___ Education and Youth Advisory Board
___ Employees' Pension Board
Firefighters' Pension Tn..isrFOfid--
Golf Course Advisory Committee
Library Board
Planning & Development Board
Police Officers' Retirement Trust Fund
Recreation & Parks Board
Senior Advisory Board
Veterans Advisory Commission**
:j.
Resume required
**list Branch of Military Service or Organization on Reverse Side.
S:\CC\WP\BOARDS\APPMENTS\Master Form - Talent Bank Form.doc Revised 1/11/2007 11:16 AM
.-'y
What personal qualifications do you possess (i.e., profession, previous experience, branch of military service
or organization) which you feel would make you a good candidate for this board? Please be specific.
First AI\' ;] r71 r
Choice: I v ~J- r ~ .~ 7.. Y ~ftf(>} ,0 4.--)0 S ft yv uJ ITh. j--J -,;
[J1DLD~6b 2-'1 Y.D{rt5 0P- 7k . bJ-lRftl L M,Lfhtt,
/ / /
Second f .
Choice: --.:> E - I TI IS rR- f2> - W 'If'!. LJ'AJ
MJ1. H;u I<- YJ-7?fZ S, B~r:.M A MF.J1 k72 0 [ 1M c )/ nJ ;( Yerl.f:5 /1Y)
r')I{n Lr//;; ,J18t1Ja CJF?hE /)tlf12Ifi.!?JJ LE:11tIA)
Third
Choice:
Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East
Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It
will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board
openings occur.
I hereby certify that the statements and answers provided herein are true and accurate. I understand that,
if appointed, any fa . atements m be cause for removal from a board.
Date: LJ 9-/5 - /) 7
, I
Revised 1/18/07 4:20 PM
S:\CC\WP\80ARDS\APPMENTS\Master Form - Talent Bank Form.doc
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VI.-CONSENT AGENDA
ITEM 8.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned iI Requested City Commission Date Final Form Must be Turned in
Meeting Dates to City Clerk's Office Meeting Dates to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon,) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
[8J October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (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
RECOMMENDATION: Motion to approve the Senior Center Emergency Re-roof due to water damage in the amount of
$138,400. Re-roofmg quotation is based on the City Bid #036-2511-06/CJD for re-roofs and roof repairs.
EXPLANATION: Staff has recognized over the years roofleaks at the Senior Center due to the conflicting rooflines. The
building has been modified and expanded a number of times causing incongruent roof intersection points. This problem has
compounded into several bubbles in the roofmg materials on both the flat deck areas and the sloped roof areas along the
flashing at the roofmg intersections into the deck areas along with problem areas around several abandoned ventilation pipes.
Staff had allocated $500,000 in CIP FY200912010 with the intention of placing an entirely new roofing structure upon the
Senior Center that would eliminate the problematic roof intersections. However, as a result of a recent remediation issue, we
must move quickly to ensure a watertight facility. The interior of the Senior Center is sustaining water damage to the drywall
and suspended ceiling along with creating the threat of damage to equipment and furnishings. As noted, funding is projected in
the future years of the Capital Improvement Plan for a redesign and construction of the entire roofmg system, but it now appears
that it is not advisable to wait due to the present water intrusion. Based on the angle of the sloped roof areas and to address the
aesthetics of the building based on its age/design, we are proposing barrel tile for the sloped roof areas and built-up for the flat
deck areas.
PROGRAM IMP ACT: The roof on any building is of vital importance to the protection of the structure from interior walls to
electrical systems to contents. Although this proposal does not satisfy the full architectural and aesthetic goals of the proposed
project in FY0911 0, this maintenance project will nevertheless achieve our pressing current need to provide a watertight roofing
system. The project will address our roofing needs for the next 15 to 20 years and it will do so at a cost savings to the Five Year
CIP Plan in the amount of$361,600.
FISCAL IMPACT: $138,400 in the FY2007/08 CIP budget. Staff will identify cost savings from other projects, or other
projects that can be deferred in order to fund this work. In no scenario will the FY2007/08 CIP expenditures exceed the levels
approved by the City Commission as part of CIP approval in the FY2007/08 Budget.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Continue to patch suspicious areas on the roof and possibly su tain additional water damage, until the
ally re-roofed or the r g system is re-designed.
City Manager's Signature
PJbL c WoctL->
Department Name
Assistant to City Manager
{;h/Ii-/
City Attorney I Finance
S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. -",'.
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ROOF SYSTEMS, INC"
State License #CCC1325862
Therma Seal Roof Systems, Inc.
1011 Fairfield Drive
West Palm Beach, FL 33407
Phone: (561) 721-9921
Fax' (561) 721-9922
Septernber13,2007
City of Boynton Beach
Public Warks
Paula LeBlanc
Boynton Beach, Florida
Re: Senior Center
Dear Mrs. LeBlanc.
Sinned Roofs: (specified and recommend Tile because ofJow slope)
1. Tear off and dispose of the existing roofing down to decking.
2" Adhere ~ith hot asphalt 90# tile underlayment over mechanically attach an ASlM 30#.,
3. Install all new 26 gauge galvanized metal flashing.
4" Install Spanish S barrel tile (foam set) color to be selected by owners.
5. 50 year tile warranty
Flat Roofs:
1. Completely tear off and dispose of the existing roof systems down to a smooth workable
surface. and install a base sheet over the rosin paper attached to the plywood deck using nails
and tintags per code.
2. Install all new 26 gauge galvanized metal flashing.
3. Furnish and install gutters and downspouts to replace existing.
4. Remove and in-fill abandoned curbs and doghouses, @ $40.00 l-"Ier man hour.
S, Solidly mop one ply of modified bitumen over two layers of premhun itmer plies, in hot
asphalt.
6. 20~year manufacturers NOL warranty.
'j Include Ale, Plumbing. and Electrical work necessary for the re-roof.
8. Licenses. insurance, permits. hoisting, clean-up, labor and materials included.
Prices:
Modified Bitumen @ $8.00 per square foot x 5300 ,., $42,400.00
Tile @ $10 per square fo\)t x 9600 = $ 96,000.00
Yours truly,
'''r
.l,"i/.., ,/,
;/:'/l;/" ~ .
Mike ).rca;d"
Estimator
Solutions Driven. Customer Focused.
VI.-CONSENT AGENDA
ITEM B 2
CITY OF BOYNTON BEACH ·
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 Septernber 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
[8J October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE
GENERATOR & BY PASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid#072-2822-07/CJD to Advance
Generator Sales and Service, Inc. of Royal Palm Beach, Florida in an estimated amount of: $71,000.00.
CONTRACT PERIOD:
DECEMBER 2,2007 TO DECMBER 1, 2009
EXPLANATION: On September 6, 2007, Procurement Services received and opened six (6) proposals. The proposals
have been reviewed and it was determined that Advance Generator Sales was the lowest, most responsive, responsible
bidder who met all specifications. Advance Generator Sales & Service has our current contract and has proven to be
a responsible, capable vendor performing satisfactorily. Paula LeBlanc, Facilities Management Supervisor and Dan
Spooner, Utilities Manager concur with this recommendation (see memo#07-096 and #07-121).
PROGRAM IMP ACT: The purpose of this bid is to secure prices for a period of two (2) years for Maintenance/Parts
and Repair (labor & parts) for emergency diesel propane portable and stationary generators and by-pampu~
located throughout the City. ~ :::;-<
f'T'/ -< <:>
The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, ~d p~
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best iHtere1$(ftf
. ~~
~C~ ~.z
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...... 0
ESTIMATED EXPENDITlJR&..> ,:g;;;::
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FISCAL IMPACT:
ACCOUNT#:
001-2511-519-46.25
401-2810-536-4620
401-2811-536-4620
401-2815-536-4620
401-2816-536-4620
401-2824-536-4620
TOTAL:
$15,000.00
$ 500.00
$19,000.00
$ 5,000.00
$31,000.00
$ 500.00
$71,000.00
(Facilities)
(Utilities)
(Utilities)
(Utilities)
(Utilities)
(Utili ties)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Paula Leblanc - Facilities Management Supervisor
Daniel Spooner - Utilities Manager
File
~.'-"':',,Y,c,
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Last Years Expenditure:
Facilities:
Utilities
FY 06-07
FY 06-07
$23,792.08
$44,805.10
$68,597.18
Department Head's Signature
City anager's Si nature
Assistant to City Manager (~
~ City Attorn,y! Fim",,,
ALTERNATIVES: It is imperative that we maintain the generators all year fo
there are storms.
:&i1aL)~~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Paula Leblanc - Facilities Management Supervisor
Daniel Spooner- Utilities Manager
File
MEMORANDUM
UTILITIES # 07- 121
RECEiVED
SEP \ 2007
From:
Bobby Jenkins, Deputy Finance Director
Procurement
Kofi Boateng, P.E. ^ ~rr- I
Utilities Director \1..V V'. ....~
PRO\,,\. .
To:
\' ~ \L~
q \''-'<\0+
Date:
September 12, 2007
Subject:
Diesel/Propane Generator & By-Pass Pump Maintenance Bid
Bid #072-2822-07/CJD
Bid Award Request
Bids were opened for diesel/propane generator & by-pass pump maintenance
and the tabulation sheets have been reviewed. The Utilities Department
recommends that the bid be awarded to the low bidder, Advance Generator.
Advance Generator had the previous bid and has proven to be responsive and
capable.
The estimated and budgeted expenditures
$5~,000.00 from Account #s
401-2810-536-4620
401-2811-536-4620
401-2815-536-4620
401-2816-536-4620
and
401-2824-536-4620.
for Utilities for FY2007/2008 are
$ 500.00,
$19,000.00,
$ 5,000.00,
$31,000.00
$ 500.00
I have signed and attached the bid tabulation sheets.
If additional information is needed you may contact me directly at extension
6401.
KB/hs
Attachments
Cc: Dan Spooner
Melvin Pinkney
Dave Ailstock
George Peck
Les Sarkkinen
Barb Conboy
Michael Low
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 07-096
TO:
Bobby Jenkins, Deputy Finance Director
PROCUREMENT
~~/
"._.._~"""
FROM:
Christine Roberts, Assistant Director of Public Works
Paula Leblanc, Facilities Management supervis~ ./
September 10, 2007 Ut
THRU:
DATE:
SUBJECT:
Diesel/Propane Generator & By-Pass Pump Maintenance Bid
Bid #072-2822-07/CJD
Bid Award Request
I attended the bid opening and I have reviewed the tabulation sheets emailed to
me. I would recommend that the bid be awarded to the low bidder, Advance
Generator. Advance Generator had the previous bid and has proven to be
responsive and capable.
The estimated and budgeted expenditures for Facilities for FY2007 is $15,000
from Account #001-2511-519-46.25,
I have signed and attached the bid tabulation sheets.
Should you need any additional information, please call me at Ext 6205,
Attachments
Copy: Carol Doppler, Procurement Buyer
Barbara Conboy, Utilities Manager
Daniel Spooner, Utilities Manager
Victor F, Wooten, Crew Supervisor
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR^'.
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0
0 September 4, 2007 August 20, 2007 (Noon) 0
0 September 18, 2007 September 3, 2007 (Noon) 0
[gJ October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
October 16. 2007 October I, 2007 (Noon
November 7, 2007 October 15,2007 (Noon)
November 20,2007 November 5, 2007 (Noon)
December 4, 2007 November 19, 2007 (Noon)
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[gJ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDA TION: Motion to approve and authorize the execution of a Resolution for a Contract for Design Services for
$322,4 I 0 to Miller Legg to provide construction documents, bidding assistance and construction review for the redevelopment of
Boat Club Park, the boardwalk/day dock at Jaycee Park and replacement of the boardwalk at Oceanfront Park.
EXPLANATION: A Request for Qualifications was advertised for the three (3) projects. Five (5) proposals were received that
were reviewed by Wally Majors, Recreation and Parks Director, Tom Balfe, Parks Manager, and Jeff Livergood, Director of Public
Works/Engineering. Miller Legg scored the highest. Their fasks will include coordination of the design team, development of
construction documents, development of bid documents, assist with bidding and selection, and on-site construction meetings
throughout the duration of the project.
PROGRAM IMP ACT: The Oceanfront Park project includes the possible redesign of the boardwalk to address safety concerns
and long term maintenance, The Jaycee Park project is Phase II of the park development which is the addition of a small fishing
pier/day dock. Renovation of Boat Club Park will include renovation or replacement of the restroom, replacement of the picnic
pavilions, upgraded landscaping and, iffunding allows, replacement of the handrail along the boardwalk.
FISCAL IMP ACT: The total contract amount is $322,4 I 0 with the separate project allocations as follows:
Oceanfront Park $205,606
Jaycee Park $ 6 1,925
Boat Club Park $ 55,425
The funds are budgeted in the CIP in the following accounts:
302-4204-580-63- I 5 Oceanfront Park $2,000,000
302-4299-580-63-05 Jaycee Park $ 400,000
302-4108-580-62-01 BoatClubPark $ 414,500
6,lsJ
~
City Manager's Signature
urdv
AL TERNA TIVES: Not to enter into the contract.
Department Head's Signature
Department Name
Assistant to City Manager
G)~ -~ -
City Attorney / Finance
Recreation and Parks
S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC
August 28, 2007
Via Facsimile 561-742-6233
or E-mail recdept@ci.boynton-beach.fl.us
and US Postal Service
Mr. Wally Majors, Director
Recreation and Parks Department
CITY OF BOYNTON BEACH
P.O. Box 310
Boynton Beach, Florida, 33425-0310
Re: "The Replacement of Oceanfront Park Boardwalk; Construction of Jaycee Park Boardwalk
and Construction Improvements at Boat Club Park", RFQ# 040-2730-07/CJO
Miller Legg Proposal No: 07-P0196 REVISED
Dear Mr. Majors:
Thank you and the City staff for the opportunity to submit the attached Agreement for Professional
Services for the above-referenced Project. The drafts of scopes of work have been revised as negotiated.
We are looking forward to beginning the initial design plans and kick-off meeting with you, Jody Rivers.
Tom Balfe, Jeffrey Livergood and other City staff essential to these projects.
Attached you will find separate scopes of work; one for each of the park sites. This was done since the
nature of each project has emphasis on a different set of needs. The scope and fees are summarized as
follows:
A. Oceanfront Park Boardwalk Replacement, FEE: $205,060.00
B. Boat Club Park Improvements, FEE: $55,425.00
C. Jaycee Park Dock and Boardwalk, FEE: $61,925.00
We anticipate that these scopes and fees will be authorized under a single master agreement
administered through the City Finance Department consistent with draft agreement document provided in
the RFQ package. We are requesting your written approval on the attached scopes of work and fee
proposals at your earliest convenience. Upon receipt of your written approval and contract documents we
will schedule a kick-off meeting to discuss design issues.
Should you have any questions, please do not hesitate to contact me at (561) 689-1138, Ext. 262 or
tcaruso@millerleQQ.com. Again, thank you for this opportunity, and I look forward to speaking with you
soon.
TMc/ch/princiPal~1
Attachment(s)
\ IPbo_mainldataIProposalsI2007107-p0196 boynton IDocuments\Contracts\07-PO 196._Boynton_ Bch_ LAS Agreement. REVISED
081707.doc
IMP R 0 V I N G COM M U NIT I E S.
Palm Beach Office: 2005 Vista Parkway . Suite 100 . West Palm Beach. Florida' 33411-2719
(561)689-1138' Fax: (561)689-8108
wwwmillerlegg.com
-~~-~-_._~-~----~-~.~-~----~._._._---------- --
eRE A TIN G E N V I RON MEN T S.
AGREEMENT FOR PROFESSIONAL SERVICES
Iient:
City of Boynton Beach
Client Contact:
Wally Majors, Director
Recreation and Parks Department
Address: 100 Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Address:
P.O. Box 310
Boynton Beach, Florida 33425-0310
Date:
August 28, 2007
Proposal No: 07-P0196(A) T:
45S R: 43E S:
22
Project Name and Location: Oceanfront Park Boardwalk Replacement "Project"
Description of Services to be Provided: See Exhibit A, Pages 1 - 10
Fee:
Lump Sum of
$205,060.00
and/or
Hourly Not To Exceed
Retainer:
$10,000.00
(Payable upon execution of this Agreement)
NA
$pecial Conditions: Pursuant to the City of Boynton Beach Standard Agreement
The undersigned agree to the attached General Conditions and Special Provisions which are
incorporated and made a part of this Agreement. Any additional requested services will be addressed
in a separate agreement.
Miller, Legg & Associates, Inc. d/b/a Miller Legg
(Consultant)
City of Boynton Beach (Client)
Signature
Date:
Date:
Signature
Michael D. Kroll, RLNPrincipal
William Mummert/Finance Director
MDK/ch/ch
Attachments: General Conditions/Special Provisions
Client Billing Instructions
Rate Schedule/Exhibits A and B
un_________ ___nun ~
AGREEMENT FOR PROFESSIONAL SERVICES
Wally Majors, Director
Recreation and Parks Department
Client:
City of Boynton Beach
Client Contact:
P.O. Box 310
Boynton Beach, Florida 33425-0310
Address: 100 Boynton Beach Blvd
Boynton Beach, Florida 33425-0310
Address:
July 18, 2007
Proposal No: 07-P0196(B) T:
45S R: 43E S:
22
Date:
Project Name and Location: Boat Club Park Restroom Replacement "Project"
Description of Services to be Provided: See Exhibit A, Pages 1 - 6
Fee:
Lump Sum of
$55,425.00
and/or
Hourly Not To Exceed
$3,000.00
Retainer:
(Payable upon execution of this Agreement)
NA
Special Conditions: Pursuant to City of Boynton Beach Standard Agreement (See attached Exhibit B).
The undersigned agree to the attached General Conditions and Special Provisions which are
incorporated and made a part of this Agreement. Any additional requested services will be addressed
in a separate agreement.
Miller, Legg & Associates, Inc. d/b/a Miller Legg
(Consultant)
City of Boynton Beach (Client)
Date:
Date:
Signature
Signature
Michael D. Kroll, RLAlPrincipal
William Mummert/Finance Director
MDK/ch/ch
Attachments: General Conditions/Special Provisions
Client Billing Instructions
Rate Schedule/Exhibits A and B
0/
AGREEMENT FOR PROFESSIONAL SERVICES
Client:
City of Boynton Beach
Client Contact:
Wally Majors, Director
Recreation and Parks Department
Address: 100 Boynton Beach Blvd
Boynton Beach, Florida 33425-0310
Address:
P.O. Box 310
Boynton Beach, Florida 33425-0310
Date:
July 18, 2007
Proposal No: 07-P0196(C) T:
45S R: 43E S:
22
Project Name and Location: Jaycee Park Dock and Boardwalk "Project"
Description of Services to be Provided: See Exhibit A, Pages 1 - 5
Fee:
Lump Sum of
$61,925.00
and/or
Hourly Not To Exceed
$1,500.00
~tainer:
(Payable upon execution of this Agreement)
NA
Special Conditions: Pursuant to City of Boynton Beach Standard Agreement (See attached Exhibit B).
The undersigned agree to the attached General Conditions and Special Provisions which are
incorporated and made a part of this Agreement. Any additional requested services will be addressed
in a separate agreement.
Miller, Legg & Associates, Inc. d/b/a Miller Legg
(Consultant)
City of Boynton Beach (Client)
Signature
Date:
Date:
Signature
Michael D. Kroll, RLA/Principal
William MummerVFinance Director
MDK/ch/ch
A.ttachments: General Conditions/Special Provisions
Client Billing Instructions
Rate Schedule/Exhibits A and B
- - - ----'_.__..,._------_.._-.~_._-"---"'-_._._._-_., ~----~_.__...._----------_.__._------ - -.. --... --._---_.~_.__."'.---
~
CONSUL T ANT AGREEMENT
THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter
referred to as the "City", and MILLER, LEGG & ASSOCIATES, hereinafter referred to as the
"Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specitied.
1. PROJECT DESIGNATION. The Consultant is retained by the City to provide
construction documents, assistance and construction review for the redevelopment of Board Club
Park, the boardwalk/day dock at Jaycee Park and replacement of the boardwalk at Oceanfront
Park, all within the Citv of Bovnton Beach. The Consultant's tasks will include. but is not
. -' .
limited to. the coordination of the design team, development of construction documents,
development of bid documents, assistance with bidding and selection, and on-site construction
meetings throughout the duration of the Project.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Exhibit "A", which is attached hereto and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon
approval by the City Commission.
4. PAYMENT. The Consultant shall be paid a fixed fee of $322,4 10.00 by the Citv for
completed work and for services rendered under this agreement as follows:
a. The Consultant may submit invoices to the City once per month during the
progress of the work for partial payment for work completed to date. Such invoices \vill be
checked by the City, and upon approval thereof, payment will be made to the Consultant in the
amount approved.
b. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the Completion
of the work under this agreement and it's acceptance by the City.
c. Payment as provided in this section shall be full compensation for \vork
performed, services rendered and for all materials, supplies. equipment and incidentals necessary
to complete the work.
d. The Consultant's records and accounts pertaining to the agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, dra\vings.
specifications, and other materials produced by the Consultant in connection with the services
rendered under this agreement shall be the property of the City whether the project for which they
are made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all federal, state, and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnity, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to person, the
employees, or damage to property occasioned by a negligent act, error or omission of the
Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration
of this agreement, workers compensation, and comprehensive general liability insurance with a
minimum coverage of $1,000,000 per occurrence and professional liability insurance in the
amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an
additional named insured and shall include a provision prohibiting cancellation of said policy
except upon thirty (30) days prior written notice to the City. Certificates of coverage as required
by this section shall be delivered to the City prior to execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the
Consultant is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither consultant nor employee of consultant shall be
entitled to any benefits accorded City employees by_virtue of the services provjded under this
agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Consultant, or any employee of
Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has
not employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation ofthis warranty, the
City shall be the right to annul this contract without liability or, in its discretjon to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
11. DISCRIMINA TION PROHIBITED. The Consultant, with regard to the work
performed by it under thjs agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
Page 2 of 4
13 . NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving thirty
(30) days written notice to the Consultant. Consultant shall be paid for work completed up to the
date of termination.
b. In the event of the death of a member, partner or officer of the Consultant. or any
of its supervisory personnel assigned to the project, the surviving members 0 C the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this agreement between survwmg
members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be
construed under Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
To City:
Kurt Bressner, City Manager
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
To Consultant:
Miller, Legg & Associates
ATTN:
16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the occurrence of any event rendering any portion or provision of this agreement
void, shall in no way affect the validity or enforceability of any other portion or provision of the
agreement. Any void provision shall be deemed severed from the agreement and the balance of
the agreement shall be construed and enforced as if the agreement did not contain the particular
portion or provision held to be void. The parties further agree to reform the agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent oC the
stricken provision.
Page 3 of 4
17. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This agreement
may be amended only by written instrument signed by both the City and Consultant.
DATED this
day of
2007.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:
City Clerk
By:
City Manager
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
MILLER, LEGG & ASSOCIATES
By:
Print Name:
Printed Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2007, by
or has produced
, he/she is personally known to me
(type of identification) as identification.
Notary Public - State of Florida
S:\CA\AGMTSIConsultantsIConsultant Agreement Oceanti-ont Park.doc
Page 4 of 4
CLIENT BILLING INSTRUCTIONS
FOR AGREEMENT FOR PROFESSIONAL SERVICES
The following billing information must be completed by the Client. Client must notify Consultant of
any changes to this information within one billing cycle.
I) PROJECT & CONTACT INFORMATION
Accounting/Billing Contact:
Accounting Check Run Dates:
Phone Number:
Fax Number:
E-mail Address:
Project Name:
Project Manager Name:
Phone Number:
Fax Number:
E-mail Address:
II) BILLING INFORMATION
Original Invoice should be addressed as follows:
Client/Company Name:
Attention:
Billing Address:
Fax Number:
Copies should be forwarded to:
Client/Company Name:
Attention :
Billing Address:
Fax Number:
III) INVOICE SUPPORTING DOCUMENTS/FORMATTING
Please note that additional fees may be added for any of the following services:
Special Invoice Requirements 0
(provide details/include copy)
Project/P.O.lContract Number Reference 0
Number of Invoice Copies
Comments:
IV) pAYMFNT OPTION~
Please check appropriate box. Check 0
Note: Please include our invoice number on your
check.
Direct Deposit/Wire Transfer 0
Note: Please reference our project number when you
set up the wire transfer. Bank info will be provided
upon completion of form.
Proposal No: 07-POI96 (A.I:LC)
'i of 7
Initial: ML:
Client.
---~'
2007 RATE SCHEDULE
Professional Services
Administrative AssistantfT echnical Assistant
Project Administrator
CAD Operator
Technician
Senior Technician
Technical Specialist
Senior Technical Specialist I
Senior Technical Specialist /I
Designer
Senior Designer I
Senior Designer II
Construction Specialist
Senior Construction Specialist I
Senior Construction Specialist /I
Engineer I
Engineer /I
Engineer /II
Senior Engineer
Biologist I
Biologist /I
Project Biologist
Senior Biologist
Environmental Scientist
Senior Environmental Scientist
Landscape Designer I
Landscape Designer /I
Senior Landscape Designer I
Senior Landscape Designer II
Landscape Architect I / Planner I
Landscape Architect /I / Planner /I
Project Landscape Architect/Project Planner
Senior Landscape Architect/Senior Planner
Surveyor I
Surveyor /I
Surveyor III
Senior Surveyor
2-Person Survey Crew
3-Person Survey Crew
4-Person Survey Crew
2-Person Senior Survey Crew
3-Person Senior Survey Crew
GIS Specialist
Senior GIS Specialist I
Senior GIS Specialist /I
Senior GIS Specialist III
GIS Coordinator
Director
Principal
Senior Principal
Expert Witness
Hourlv
Rate
$ 55
$ 75
$ 60
$ 70
$ 80
$ 95
$ 105
$ 115
$ 100
$ 110
$ 140
$ 100
$ 115
$ 150
$ 110
$ 125
$ 170
$ 195
$ 80
$ 90
$ 115
$ 145
$ 100
$ 150
$ 85
$ 90
$ 95
$ 100
$ 105
$ 110
$ 130
$ 160
$ 90
$ 100
$ 110
$ 150
$ 135
$ 165
$ 195
$ 145
$ 175
$ 95
$ 105
$ 120
$ 140
$ 160
$ 200
$ 230
$ 300
$ 300
Proposal No: 07-P0196 (A,B.C)
----~--- "___n -'~_'___._ _ __.__..., .~~____. _.. ..___ __n
60f7
Initial: ML:
. .___~Ii~t:_____ ~
In-house Reimbursable Expenses
Rate
Courier Zone 1 (0 - 30 Miles)
Courier Zone 2 (31 - 60 Miles)
Courier Zone 3 (61 - 75 Miles)
Mileage (per mile)
Color Copies (<8 1/2" X 11 ") (per copy)
Color Copies (<11" X 17") (per copy)
Blackline Prints (<24" X 36") (per sheet)
Mylars (<24" X 36") (per sheet)
Vellums (<24" X 36") (per sheet)
Official Record Docs (per page)
Copies
Postage
Fax Transmissions
$ 25.00
$ 50.00
$ 60.00
$ 0.56
$ 1.00
$ 2.00
$ 2.20
$ 7.00
$ 5.50
$ 1.00
Out-of-Pocket Expenses
Cost + 15%
'Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of
invoice amount or $25.00.
NOTE: These rates are subject to change after January 1, 2008
Proposal No: 07-P0196 (A.H,C)
7 oj' 7
Initial: ML:
Client-
~
~._._-----_._---._--_._-._---_...__..~-----
CLIENT BILLING INSTRUCTIONS
FOR AGREEMENT FOR PROFESSIONAL SERVICES
The following billing information must be completed by the Client. Client must notify Consultant of
any changes to this information within one billing cycle.
I) PROJECT & CONTACT INFORMATION
Project Name:
Project Manager Name:
Phone Number:
Fax Number:
E-mail Address:
Accounting/Billing Contact:
Accounting Check Run Dates:
Phone Number:
Fax Number:
E-mail Address:
II) BILLING INFORMATION
Original Invoice should be addressed as follows:
Client/Company Name:
Attention:
Billing Address:
:ax Number:
Copies should be forwarded to:
Client/Company Name:
Attention :
Billing Address:
Fax Number:
III) INVOICE SUPPORTING DOCUMENTS/FORMATTING
Please note that additional fees may be added for any of the following services:
Special Invoice Requirements
(provide details/include copy) 0
Project/P.O./Contract Number Reference 0
Number of Invoice Copies
Comments:
IV) PAYMFNT nPTION~
Please check appropriate box. Check 0
Note: Please include our invoice number on your
check.
Direct Deposit/Wire Transfer 0
Note: Please reference our project number when you
set up the wire transfer. Bank info will be provided
upon completion of form.
Proposal No: 07-POI96 (A.B,C)
501'7
Initial: ML:
Client:
~
2007 RATE SCHEDULE
Professional Services
Administrative AssistantJT echnical Assistant
Project Administrator
CAD Operator
Technician
Senior Technician
Technical Specialist
Senior Technical Specialist I
Senior Technical Specialist II
Designer
Senior Designer I
Senior Designer II
Construction Specialist
Senior Construction Specialist I
Senior Construction Specialist II
Engineer I
Engineer II
Engineer III
Senior Engineer
Biologist I
Biologist II
Project Biologist
Senior Biologist
Environmental Scientist
Senior Environmental Scientist
Landscape Designer I
Landscape Designer II
Senior Landscape Designer I
Senior Landscape Designer II
Landscape Architect I / Planner I
Landscape Architect II / Planner II
Project Landscape Architect/Project Planner
Senior Landscape Architect/Senior Planner
Surveyor I
Surveyor II
Surveyor III
Senior Surveyor
2-Person Survey Crew
3-Person Survey Crew
4-Person Survey Crew
2-Person Senior Survey Crew
3-Person Senior Survey Crew
GIS Specialist
Senior GIS Specialist I
Senior GIS Specialist II
Senior GIS Specialist III
GIS Coordinator
Director
Principal
Senior Principal
Expert Witness
Proposal No: 07-P0196 (A.B,C)
(, of 7
Initial: [VIL
Hourly
Rate
$ 55
$ 75
$ 60
$ 70
$ 80
$ 95
$ 105
$ 115
$ 100
$ 110
$ 140
$ 100
$ 115
$ 150
$ 110
$ 125
$ 170
$ 195
$ 80
$ 90
$ 115
$ 145
$ 100
$ 150
$ 85
$ 90
$ 95
$ 100
$ 105
$ 110
$ 130
$ 160
$ 90
S 100
S 110
$ 150
$ 135
$ 165
$ 195
$ 145
$ 175
----~.-.-.-
$ 95
$ 105
$ 120
$ 140
$ 160
$ 200
$ 230
S 300
$ 300
Client
~
In-house Reimbursable Expenses
Rate
Courier Zone 1 (0 - 30 Miles)
Courier Zone 2 (31 - 60 Miles)
Courier Zone 3 (61 - 75 Miles)
Mileage (per mile)
Color Copies (<8 1/2" X 11 ") (per copy)
Color Copies (<11 II X 17") (per copy)
Blackline Prints (<24" X 36") (per sheet)
Mylars (<24" X 36") (per sheet)
Vellums (<24" X 36") (per sheet)
Official Record Docs (per page)
Copies
Postage
Fax Transmissions
$ 25.00
$ 50.00
$ 60.00
$ 0.56
$ 1.00
$ 2.00
$ 2.20
$ 7.00
$ 5.50
$ 1.00
*
*
Out-of-Pocket EXDenses
Cost + 15%
*Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of
invoice amount or $25.00.
NOTE: These rates are subject to change after January 1 , 2008
Proposal No: 07-PO] 96 (A.B,C)
7 of 7 Initial: ML:
-- _..~-'-_.__._--------.,----_.._-,_.- -- - --------._--
...~C1i~~t~_.___ ~
Proposal No. 07-P0196(A)
EXHIBIT A - SCOPE OF SERVICES
Boardwalk Replacement at City of Boynton Beach Oceanfront Park
in the Town of Ocean Ridge, Florida
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: Providing Landscape Architectural
Services for replacement of existing boardwalk and minor structures at the city of
Boynton Beach Oceanfront Boardwalk Park in the Town of Ocean Ridge, Palm
Beach County, Florida. The park is located at 6415 North Ocean Boulevard,
Ocean Ridge, Florida; Government Lot 5 in TWP 45S / RGE 43E / SEC 22.
Professional Services shall include: Environmental Permitting, Surveying,
Architectural Design, Structural Engineering, Electrical Engineering and
Landscape Architecture. These services include provision of Client consultation,
design document preparation, coordination assistance with the City's Recreation
and Parks Department, Public Works Department, Purchasing Department and
Building Department, as well as, limited construction administration and
construction observation for the assigned project. The Consultant shall provide
sequential plan submittals for Client review and approval of park amenities
renovation, minor structures, hardscape, lighting and landscape through to
completion of bid set documents for the City's solicitation and selection of
qualified contractors.
2.0 BASIS OF SCOPE
2.1 Environmental:
The agencies with jurisdiction for this project include the Florida Department
of Environmental Protection (FDEP), Palm Beach County DERM, and the
Town of Ocean Ridge.
Mitigation for dune impacts, if any, will be addressed at Oceanfront Park.
Design of mitigation for Oceanfront Park is included in the scope. If mitigation
is to be at another location, an additional service may be needed.
Miller Legg cannot guarantee the issuance of required permits.
An assessment of tree resource issues of the site as may be regulated by
Palm Beach County ERD are not included in this scope, but can be provided
as an additional service.
2.2 Survey:
Provide Certified Boundary and Topographic Surveys as required by
paragraph 62B-33.008(3)(f), F.A.C. for (FDEP) permitting in accordance with
Survey Requirements set forth in Section 62B-33.0081.
Survey to be based on legal description provided by Client.
Page 1 of 10
Initial: ML:
Client:
Proposal No. 07 -PO 196(A)
· Depiction of trees on survey drawing to be in accordance with code
requirements of Florida Department of Environmental Protection (FDEP).
Topographic Survey: Elevations to be shown as contours.
· Parking spaces shown and identified.
If boundary inconsistencies (i.e. overlaps, hiatuses) with ad joiners exist, a
survey report per minimum technical standards may be required and an
additional fee may be required.
· Should the government land corner or agency monuments necessary to
control the site boundary be lost or obliterated, Consultant shall require
additional fees to restore said corners.
· Only the location of visible aboveground utilities based on site observation
will be shown. Consultant cannot guarantee that all utilities will be located.
2.3 Architectural, Structural and Electrical:
· Professional architectural and engineering services including Schematic
Design (30%), Design Development (60%), development of final
Construction Documents (90/1..00%), Permitting, assistance in
Bidding/Negotiation of a Contract for Construction and limited Construction
Administration relative to the proposed covered shade shelters along the
boardwalk of the Ocean Front Park.
· Architectural Design of vertical structures will be provided.
· Structural engineering of rigid platforms (boardwalks), vertical construction
and/or architectural structures, as needed will be provided.
· Electrical design including points of connection, metering, wiring, circuitry,
conduit, pull-boxes, fixtures and lamping and load schedules as needed will
be provided.
2.4 Landscape Architecture:
All plan design development, layout and detailing for Schematic Design
(30%) review submittal, Design Development (60%) review submittal and
development of final Construction Documents (90/100%) for bidding
purposes, Permitting, and assistance in Bidding/Negotiation of a Contract for
Construction and limited Construction Administration.
· Final plan documents will be reproduced by Miller Legg and be made
available for purchase by bidders interested in submitting proposals to our
Client for selection as the General Contractor.
Survey prepared by Miller Legg for compliance with CCCL permitting
requirements will serve as base plan.
Page 2 of 10
Initial: ML:
Client:
Proposal No. 07-P0196(A)
Field modifications for proposed amenities shall be made in conjunction with
Town of Ocean Ridge and under the direction of the Client for resolution of
unforeseen site conditions that may be encountered during the construction
process.
Irrigation design for beach parks will be provided as necessary and
performance specifications provided for modification to existing irrigation
systems. Water source is potable water and permit modifications are to be
processed though the Boynton Beach Utility Department.
There are existing trees on the site and tree removal activity is proposed in
conjunction with securing permits from FDEP. Tree removal/relocation is
limited to existing Seagrape masses and other exotic invasive plant
materials. It is contemplated that tree removal documents are not required
for removal of invasive exotic materials. Coordination will be provided with
the Client and Town of Ocean Ridge Horticulturist.
Site furnishings, once selected by the Client, will be consistently utilized
throughout the Beach Parks.
Landscape and amenity maintenance and life cycle report will be prepared
and provided to Boynton Beach Public Works at the conclusion of park
facility construction.
2.5 Site Civil Engineering
Engineering design and permit processing of utility connections will be an
additional service. Modifications to paving, grading and drainage: drainage
study & permit investigation; plans and detailing of utility connections,
extensions and diversions; and permit submittals are not contemplated as
being necessary for this project. If required for any reason, services will be
provided as an additional service with Client authorization.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
3.1 All readily available site data in either hard copy, or electronic base files for each
park and beach access point including proposed plans from other Consultants,
including but not limited to:
. Current Boundary Survey and Legal Description
. Site Plans and/or Engineering Plans from Building Dept Records
. Shop Drawings consistent with existing park site furnishings
. Soil Borings
. Water and Sewer Utility Plans or Maps
3.2 Aerial photographs of the park.
3.3 Unrestricted access to the park, authorized by the City of Boynton Beach.
Page 3 of 10
Initial: ML:
Client:
Proposal No. 07-P0196(A)
3.4 Tree Removal/Relocation Permits shall be provided by the City Horticulturist
based on plans provided by the Consultant.
3.5 Plan will be processed for review through the Town of Ocean Ridge.
3.6 The services of the City Purchasing Department for soliciting construction bids,
contracting construction services, processing contractor invoices, and processing
purchase requests to venders for site furnishings and structure.
3.7 Expedited permitting through Boynton Beach Utility Department and coordination
for obtaining approvals.
3.8 Coordination assistance with agencies such as: Town of Ocean Ridge, Palm
Beach County DERM and/or FDEP as may be required.
3.9 Regular required construction observation, contractor coordination, and contract
administration for all construction activities including but not limited to:
architectural, structural, plumbing, drainage, electrical, planting, irrigation and
playground/court installation will be provided by the Client's Public Works Staff.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be divided into the following tasks:
SURVEY TASKS
Task 1.
Prepare Certified Boundary and Topographic Survey- Consultant
shall prepare the Certified Boundary and Topographic Survey in accordance with
requirements set forth in D.E.P. Survey Requirements 62B-33.0081 and the
Minimum Technical Standards in Chapter 61G17-6 of the Florida Administrative
Code, pursuant to Section 472.027, Florida Statutes with the following
procedures.
· Recover Sectional and CCCL Horizontal and Vertical Control Monuments.
· Set two permanent benchmarks (NA VD 1988 datum).
· Gather topographic features of Park Site including Beach and Dune
areas.
· Locate and identify trees and vegetation areas.
· Locate all existing visible above ground improvements.
· Prepare CADD drawing of topographic survey for design base map.
· Set monuments at the calculated Parcel corner locations as per the Legal
Description provided by The City of Boynton Beach, Florida.
· Reduce Field Data and produce DTM and required site contour lines.
Page 4 of 10
Initial: ML:
Client:
Task 2.
Task 3.
Task 4.
Proposal No. 07-P0196(A)
FEE: Lump Sum of $31,100.00
ENVIRONMENTAL TASKS
Coastal Construction Control Line (CCCL) Permitting - Consultant shall visit
the Oceanfront Park site and assess the existing conditions and participate in
one (1) on-site jurisdictional determination with representatives of the FDEP.
Consultant shall prepare and submit an application and sketches indicating
proposed project plan and support data to the FDEP for approval. Includes
submittal of layout for alternate surfacing materials to permit accessible route
from beach access ramps to hard sand line (high tide line). This includes
responses to up to two (2) requests for additional information (RAI) and
coordination with FDEP for up to four (4) months. Reponses to other RAI's
and/or additional coordination beyond (4) months shall be provided as an
additional service.
FEE: Lump Sum of $16,650.00
Dune Mitigation Design - Consultant shall design a mitigation plan to offset
dune impacts associated with the proposed improvements. This plan shall
include location, planting plan and schedule, existing dunes and vegetation, and
plants to be removed. The plan will also include a plan that documents
maintenance and monitoring required in accordance with the permit.
FEE: Lump Sum of $3,800.00
LANDSCAPE ARCHITECTURAL TASKS
Landscape Architectural Design
A. Management and Coordination - Consultant shall prepare Schematic Design
Documents (30% CD Submittal) illustrating a maximum of three (3)
preliminary site plan options for the proposed alignment of the boardwalk,
including the use of alternate deck materials. Options for the boardwalk will
include: access from parking, elevated seating areas, hand rail detail, ramp
locations, locations of shaded seating structures, location and type of open
showers, location and type of turtle friendly lighting. Services include
development of site furnishings, either custom built or manufactured stock
and related material for submission to Client and Town of Ocean Ridge Site
Plan Review. Design Development Documents (60% CD Submittal) further
defining the project elements established in the Schematic Design Phase will
then be prepared by Consultant. Design Development will address provides
site plan, minimum details and cross-sections that include the following
proposed items:
. Proposed boardwalk replacement shall be located generally in the same area
as the existing boardwalk, and roughly the same 1,000 foot length.
Alignment, width, access, activity spaces and overlook opportunities are all
design factors that will be addressed for improvement and enhancement.
Page 5 of 10 Initial: ML: Client:
Proposal No. 07-P0196(A)
Alternate deck materials, such as natural wood, pavers, concrete, segmental
concrete and new generation synthetics will be evaluated for
recommendation.
· A retaining wall or stem wall shall be located along the eastern edge of the
deck opposite the parking area curb to provide boardwalk stability and
erosion protection. Handrail design will be fastened to the concrete in a
manner that is attractive, concealed and easily replaced for maintenance
during the life of the boardwalk. Both cast-in-place and precast wall systems
and components will be evaluated for recommendation. Handrail materials
will also be evaluated for recommendation.
· Six (6) existing shaded seating structures will be replaced with new designs
that emerge from the deck layout and complement both the proposed deck
and the existing enclosed structures including Lifeguard Office, Food Service
and Restrooms. These shade structures are not intended as shelters, but as
sitting areas that provide a measure of relief from sun as well as designated
observation areas with panoramic ocean views. The shade structures may
have an accessible platform, integrated seating and a separated bypass
boardwalk.
· Existing ramp access to the beach and stair locations will be evaluated for
practicality, re-routing and re-design to follow current ADAAG standards.
· Design of adjacent landscape areas and provision of native plant palette
alternates suitable for beach dune community.
· Design of stair access from passive park lower parking to upper boardwalk
area parking.
· Evaluation and recommendations of alternate surfacing materials to permit
accessible route from beach access ramps to hard sand line (high tide line)
as well as the provision of layout, details and specifications for approved
materials.
B. Consultant shall prepare non-structural Final Construction Documents (90%
and 100% CD Submittal) based on the Design Development documents
approved by the Client and Town of Ocean Ridge, including:
· Horizontal and vertical control layout of the boardwalk area.
· Cross-sections, details and general notes sufficient for soliciting bids from
qualified contractors.
· Specialty site construction and/or furnishing details
· Full coordination with Architect, Structural and Electrical Engineer for related
plans and specifications.
· A landscape plan.
· Landscape notes and details including: plant schedule, depicting quantity,
species, size at installation of all proposed plant material.
C. Consultant shall prepare irrigation performance specifications for
modifications, adjustments and expansion the existing irrigation system.
D. Opinion of Probable Cost (OPC) - Consultant shall prepare a pre-
development OPC estimate as attachment for Client review with 60 % plans
and final plans submittals. The OPC estimate shall consist of permit fees,
boardwalk, structural concrete and metals, vertical architecture, drainage,
shower water and sewer improvements, environmental lighting. Consultant
Page 6 of 10
Initial: ML:
Client:
Task 5.
Task 6.
Proposal No. 07-P0196(A)
shall research existing utilities and drainage requirements for the purpose of
the estimate. The OPC estimate shall be based on the site plan prepared by
the Consultant.
One set of revisions required by Client upon review of the design
development concept plan shall be included in this fee. Subsequent
revisions to the concept or site plan, if required, shall be provided as an
additional service.
FEE: Lump Sum of $84,410.00
Construction Services - Consultant shall provide limited construction services
as follows:
Coordination: Consultant shall provide the Client plan documents, technical
specifications in CSI Master Spec format and product specifications to be
combined with the City's General and Special Conditions project manual for
solicitation of bids by the Client's Purchasing Department for the site
development work on the Project.
Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1)
pre-construction conference, review material shop drawings, and prepare
responses to contractor RFI's prior to commencement of construction.
Construction Observation: Shall include up to twelve (12) periodic observations
of the work.
FEE: Lump Sum of $25,200.00
ARCHITECTURE DESIGN TASKS
A. Stephen Boruff Architects (SBA) shall prepare Schematic Design Documents
(30% CD Submittal) illustrating the floor plan and elevations for the proposed
shade structures, including structural engineering. Options for structures will
include open frame, flat trellis and "sail-cloth" type architecture. Services include
Development of colored exterior elevations and related material for submission
to Client and Town of Ocean Ridge. Based upon the City's Schematic Design
Review, Consultant shall prepare Design Development Documents (60% CD
Submittal) further defining the project elements established in the Schematic
Design Phase.
B. SBA shall Prepare Final Construction Documents (90% and 100% CD
Submittal) and note form specifications based on the Design Development and
the Client approved documents.
C. SBA shall Assist City of Boynton Beach in obtaining a permit for building
construction. All Town of Ocean Ridge building department review comments
will be addressed for issuance of a building permit prior to bidding.
Page 7 of 10
Initial: ML: Client:
Task 7.
Task 8.
Task 9.
Proposal No. 07-P0196(A)
D. SBA shall provide final plan electronic files to Miller Legg for bid set
documents that will be made available for purchase by interested bidders and will
Assist City of Boynton Beach in obtaining bids/negotiating a contract for
construction from General Contractors.
E. SBA shall attend three (3) review meetings (in Boynton Beach) with the team
to coordinate the development of the project, including the following:
a. One (1) 30% Schematic Design Submittal review.
b. One (1) 60% Design Development Submittal review.
c. One (1) 90%/100% Construction Documents Submittal review.
F. SBA shall provide Construction Administration services during the
construction of the project including, but not limited to the following:
a. Answer Request for Information (RFI) from the General Contractor.
b. Review shop drawing and product data submittals from the General
Contractor.
c. Two (2) site visits during the construction of the project including the
preparation of a "punch list" at Substantial Completion.
FEE: Lump sum of $11,500.00
STRUCTURAL ENGINEERING TASKS
Retaining Wall/Railing Analysis and Design - Bridge Design Associates (BOA)
shall prepare details and recommendations for retaining wall and railing system
eastward of the adjacent parking area.
FEE: Lump Sum of $3,500.00
Boardwalk Analysis - BOA shall evaluate the condition of the existing
boardwalks to the beach with specific attention to the wood pilings, and identify
alternative deck materials and construction methods for City approval. Upon City
approval, BOA shall provide construction documents of approved deck materials
with details and note form specification for building department review.
FEE: Lump Sum of $11,000.00
Seating Shelter Foundation Design - BOA will provide design criteria and
foundation design for Architecturally designed covered seating shelters.
FEE: Lump sum of $2,900.00
Page 8 of 10
Initial: ML:
Client:
Task 10.
Task 11.
Task 12.
Task 13.
Proposal No. 07-P0196(A)
ELECTRICAL ENGINEERING TASKS
Lighting Design - Electrical Design Associates shall prepare wiring, circuitry,
schedule of fixtures, details, note form specifications and recommendations for
turtle friendly boardwalk lighting, plans for FDEP CCCL permitting and City of
Boynton Beach Building Department review and permitting.
FEE: Lump Sum of $7,000.00
MISCELLANEOUS TASKS
Additional Meetings/Miscellaneous Coordination - Consultant shall attend
meetings at the direction of Client on an hourly basis. These meetings shall be
above and beyond the meetings proposed in the previous tasks. The fee for this
Task is estimated not to exceed $5,000.00 without prior authorization from
Client.
FEE: Hourly per the attached Rate Schedule.
Miscellaneous Services - Consultant shall provide miscellaneous services as
requested and authorized in writing by Client. The fee for this task is estimated
not to exceed $5,000.00 without prior authorization from Client
FEE: Hourly per the attached Rate Schedule.
Reimbursable Expenses - Consultant shall provide services, as necessary, to
assist Client in the processing of documents, permitting, construction
coordination or other requested tasks to facilitate successful completion of the
Project. Costs incurred in providing these services shall be reimbursed in
accordance with the General Conditions. For this Project an initial budget of
$8,000.00 in reimbursable expenses shall be established. This budget may be
increased upon authorization from the Client.
Page 9 of 10
Initial: ML: Client:
Proposal No. 07-P0196(A)
FEE SUMMARY
TASK LUMP SUM Hourly SUBTOTAL
NUMBER TASK FEE NTE Fee BUDGET FEE
Task 1 Prepare Certified Boundary
and Topooraphic Survey $31,100.00 $0.00 $0.00 $31,100.00
Task 2 Coastal Construction Control
Line (CCCL) Permittino $16,650.00 $0.00 $0.00 $16,650.00
Task 3 Dune MitiQation Desian $3,800.00 $0.00 $0.00 $3,800.00
Task 4 Landscape Architectural
Services $84,410.00 $0.00 $0.00 $84,410.00
Task 5 Construction Services $25,200.00 $0.00 $0.00 $25,200.00
Task 6 Architecture Desian $11,500.00 $0.00 $0.00 $11,500.00
Task 7 Retaining Wall/Railing
Analvsis and Desion $3,500.00 $0.00 $0.00 $3,500.00
Task 8 Boardwalk Analysis $11,000.00 $0.00 $0.00 $11,000.00
Task 9 Seating Shelter Foundation
Desion $2,900.00 $0.00 $0.00 $2,900.00
Task 10 Liahtino Desion $7,000.00 $0.00 $0.00 $7,000.00
Task 11 Additional Meetinos $0.00 $5,000.00 $0.00 $5,000.00
Task 12 Misc. Services $0.00 $5,000.00 $0.00 $5,000.00
Task 13 Reimbursable Expenses $0.00 $0.00 $8,000.00 $8,000.00
TOTAL FEE $197,060.00 $10,000.00 $8,000.00 $215,060.00
\ IPbo-mainldata IProposals\2007107-po 196 boynton IDocuments I Contracts IScopeI07-PO 196_Boynton_Bch_LAS_scope_A. doc
Page 10 of 10
Initial: ML:
Client:
Proposal No. 07-0196(B)
EXHIBIT A - SCOPE OF SERVICES
Restroom Replacement at Boat Club Park, Boynton Beach
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: Providing Landscape Architectural
Services for restoration or replacement of existing restroom and minor structures
at the Boat Club Park in the City of Boynton Beach, Palm Beach County, Florida.
Boat Club Park located at 2010 North Federal Highway in Boynton Beach,
Florida. TWP 45S / RGE 43E / SEe 15. Professional Services shall include:
Special Purpose Survey, Architectural Analysis & Design, Structural Engineering,
Electrical Engineering and Landscape Architecture. These services include
provision of Client consultation, design document preparation, coordination
assistance with the City's Parks & Recreation Department, Public Works
Department, Purchasing Department and Building Department, as well as,
limited construction administration and construction observation for the assigned
project. The Consultant shall provide sequential plan submittals for Client review
and approval of minor park structures, lighting and landscape through to
completion of bid set documents for the City's solicitation and selection of
qualified contractors.
2.0 BASIS OF SCOPE
2.1 Survey:
Consultant shall deliver a Specific Purpose Survey of the Proposed
Improvements Site and adjacent area.
Should the Site Control Points necessary to perform survey operations be
lost or obliterated, Consultant shall require additional fees to restore said lost
control points.
Survey prepared by Miller Legg for compliance with City of Boynton Beach
Building Department requirements will serve as base plan.
2.2 Architectural, Structural and Electrical:
. Professional architectural and engineering services shall include Schematic
Design (30%), Design Development (60%), development of final
Construction Documents (90/100%), Permitting, assistance in
Bidding/Negotiation of a Contract for Construction and limited Construction
Administration relative to the proposed floor plan and elevations of the public
restroom and covered shelters, including structural, mechanical, electrical
and plumbing design to five feet (5') outside the building line.
General assessment of the existing restroom structure to be renovated shall
be provided with recommendations. Includes determination of user
accessibility to facilities within the structure according to ADAAG. Should
Page 1 of 6
Initial: ML:..
Client:
Proposal No. 07-0196(8)
renovation be a viable direction to proceed, plan design and detail
specifications described herein will be prepared accordingly.
· A conventional spread footing will be specified for restroom building
replacement only. If deep foundations, grade beams or piles are required,
design modifications will be provided as an additional service.
· Architecture for the buildings will include establishing an architectural existing
theme of the park, and exploring the use of "sail-cloth" type shade structures.
· Any service not specifically written in this proposal, any changes requested
after approval of the Schematic Design (30%), any revisions to drawings or
other documents when such revisions are inconsistent with written approvals
or instructions previously given shall be provided as additional services.
· Structural engineering of rigid vertical construction and/or architectural
structures, as needed will be provided.
· Electrical design including points of connection, metering, wiring, circuitry,
conduit, pull-boxes, fixtures and lam ping and load schedules as needed will
be provided.
· This proposal is based on City of Boynton Beach furnishing Stephen Boruff
Architects with the following information:
A geotechnical subsurface report stating the bearing capacity of the soils in
pounds per square foot (in accordance with the Florida Building Code) and a
recommendation for foundation design. A conventional spread footing will be
used. If deep foundations, grade beams or piles are required, this will
increase the fee.
2.3 Landscape Architecture:
The point of contact, project manager and coordinator for City of Boynton
Beach the project Registered Landscape Architect at Miller Legg. All plan
submittals and team communications shall routed to Miller Legg for record
keeping and single point of contact.
· Landscape Plans and details are not included.
Irrigation Plans and details are not included. Irrigation modifications and/or
adjustments shall be the responsibility of the general contractor.
· Tree Removal/Relocation is not included but can be provided as an
Additional Service.
2.4 Site Civil Engineering:
· Engineering design and permit processing of utility connections will be an
additional service. Modifications to paving, grading and drainage: drainage
study & permit investigation; plans and detailing of utility connections,
extensions and diversions; and permit submittals are not contemplated as
Page 2 of 6
Initial: ML:
Client:
Proposal No. 07-0196(B)
being necessary for this project. If required for any reason, services will be
provided as an additional service with Client authorization.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
3.1 All readily available site data in either hard copy, or electronic base files for each
park and beach access point including proposed plans from other Consultants,
including but not limited to:
. Current Boundary Survey and Legal Description
. Site Plans and/or Engineering Plans from Building Dept Records
. Shop Drawings consistent with existing park site furnishings
. Soil Borings
. Water and Sewer Utility Plans or Maps
3.2 Aerial photographs of the park.
3.3 Unrestricted access to the park, authorized by the City of Boynton Beach.
3.4 A geotechnical subsurface report stating the bearing capacity of the soils in
pounds per square foot (in accordance with the Florida Building Code) and a
recommendation for foundation design.
3.5 The services of the City Engineering and Public Works Departments for
expedited plan review and expedited permit processing for construction.
3.6 The services of the City Purchasing Department for soliciting construction bids,
contracting construction services, processing contractor invoices, and processing
purchase requests to venders for site furnishings and structure.
3.7 Expedited permitting through Boynton Beach Utility Department and coordination
for obtaining approvals.
3.8 Coordination assistance with agencies such as: Palm Beach County and/or
FDEP as may be required.
3.9 Regular required construction observation, contractor coordination, and contract
administration for all construction activities including but not limited to:
architectural, structural, plumbing, drainage, electrical, planting, irrigation and
playground/court installation will be provided by the Client's Public Works Staff.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be divided into the following tasks:
SURVEY TASKS
Task 1.
Horizontal and Vertical Control - Consultant shall recover/set Horizontal and
Vertical Control for use in Property Location and Design Survey.
FEE: Lump Sum of $6,700.00
Page 3 of 6
Initial: ML: Client:
Task 2.
Task 3.
Proposal No. 07-0196(8)
Specific Purpose Survey - Consultant shall prepare a Specific Purpose Survey
of the Proposed Improvements Site and adjacent area showing existing above
ground improvements, topographic features, buildings, trees and edge of
pavement.
FEE: Lump Sum of $2,575.00
ARCHITECTURE DESIGN TASKS
A.
Stephen Boruff Architects (SBA) shall prepare Schematic Design
Documents (30% CD Submittal) illustrating the floor plan and elevations
of the public restroom and covered shelters including structural,
mechanical, electrical and plumbing design to five feet (5') outside the
building line. Architecture for the buildings will include relating to the
existing theme of the park, and exploring the use of "sail-cloth" type
shade structures.
B. SBA shall prepare colored exterior elevations and related material for
submission to City of Boynton Beach Site Plan Review.
C. SBA shall prepare Design Development Documents (60% CD Submittal)
further defining the project elements established in the Schematic Design
Phase.
D. SBA shall prepare Final Construction Documents (90% and 100% CD
Submittal) based on the Design Development and the City of Boynton
Beach approved documents.
E. SBA shall assist in obtaining a permit for building construction. All
building department review comments will be addressed for issuance of a
building permit prior to bidding.
F. SBA shall assist Client in obtaining bids/negotiating a contract for
construction from General Contractors.
G. SBA shall attend three (3) review meetings (in Boynton Beach) with the
team to coordinate the development of the project, including the
following:
One (1) 30% Schematic Design Submittal review.
One (1) 60% Design Development Submittal review.
One (1) 90%/100% Construction Documents Submittal review.
Page 4 of 6
Initial: ML:
Client:
Task 4.
Task 5.
Task 6.
Task 7.
Proposal No. 07-0196(8)
H. SBA shall provide Construction Administration services during the
construction of the project, including, but not limited to the following:
Answer Request for Information (RFI) from the General Contractor.
Review shop drawing and product data submittals from the General
Contractor.
Four (4) site visits during the construction of the project including the
preparation of a "punch list" at Substantial Completion.
FEE: Lump sum of $25,800.00.
STRUCTURAL ENGINEERING TASKS
Restroom Structural Design - Bridge Design Associates will provide structural
engineering design, detailing and specifications for new public restrooms.
FEE: Lump sum of $4,600.00
Construction Services - Consultant shall provide limited construction services
as follows:
Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1)
pre-construction conference.
Construction Observation: Shall include up to three (3) periodic observations of
the landscape work.
FEE: Lump Sum of $1,400.00
ELECTRICAL ENGINEERING TASKS
Lighting Design - Electrical Design Associates shall prepare wIring, circuitry,
schedule of fixtures, details, note form specifications and recommendations for
restroom electrical service and covered shelters compliant with the City of
Boynton Beach Building Department review and permitting requirements.
FEE: Lump Sum of $3,450.00
LANDSCAPE ARCHITECTURE PROJECT MANAGEMENT
Management and Coordination - Consultant shall participate with the Project
Architect in establishing a suitable design vocabulary for Boat Club Park, as well
as coordinate Architecture and Engineering production of Schematic Design
Documents (30% CD Submittal) and Design Development Documents (60% CD
Submittal), including assembly and submittal of document packages to the City
of Boynton Beach for respective phase reviews and bidding assistance. All
project documents to the Client will have Consultant Corporate contact
information.
FEE: Lump Sum of $6,400.00
Page 5 of 6
Initial: ML: Client:
Task 8.
Task 9.
Task 10.
Proposal No. 07-0196(8)
MISCELLANEOUS TASKS
Additional Meetings/Miscellaneous Coordination - Consultant shall attend
meetings at the direction of Client on an hourly basis. These meetings shall be
above and beyond the meetings proposed in the previous tasks. The fee for this
Task is estimated not to exceed $1,500.00 without prior authorization from
Client.
FEE: Hourly per the attached Rate Schedule.
Miscellaneous Services - Consultant shall provide miscellaneous services as
requested and authorized in writing by Client. The fee for this task is estimated
not to exceed $1,500.00 without additional authorization for the Client.
FEE: Hourly per the attached Rate Schedule.
Reimbursable Expenses - Consultant shall provide services, as necessary, to
assist Client in the processing of documents, permitting, construction
coordination or other requested tasks to facilitate successful completion of the
Project. Costs incurred in providing these services shall be reimbursed in
accordance with the General Conditions. For this Project an initial budget of
$4,500.00 in reimbursable expenses shall be established. This budget may be
increased upon authorization from the Client.
FEE SUMMARY
TASK LUMP SUM HOURLY SUBTOTAL
NUMBER TASK FEE NTE FEE BUDGET FEE
Task 1 Horizontal and Vertical $6,700.00 $0.00 $0.00 $6,700.00
Control
Task 2 Specific Purpose Survey $2,575.00 $0.00 $0.00 $2,575.00
Task 3 Architecture Design $25,800.00 $0.00 $0.00 $25,800.00
Task 4 Restroom Structural
Engineering Design $4,600.00 $0.00 $0.00 $4,600.00
Task 5 Construction Svcs $1,400.00 $0.00 $0.00 $1,400.00
Task 6 Lighting Design $3,450.00 $0.00 $0.00 $3,450.00
Task 7 Project MQt & Coordination $6,400.00 $0.00 $0.00 $6,400.00
Task 8 Additional Meetings $0.00 $1,500.00 $0.00 $1,500.00
Task 9 Misc. Services $0.00 $1,500.00 $0.00 $1,500.00
Task 1 0 Reimbursable Expenses $0.00 $0.00 $4,500.00 $4,500.00
TOTAL FEE $50,925.00 $3,000.00 $4,500.00 $58,425.00
I \Pbo-mai n\data\Proposals\2007\07 -p0196 boynton\DocumentsIContracts\Scope\07_
P0196_Boynton_Bch_LAS_scope_B_REVISED 071907.doc
Page 6 of 6
Initial: ML:
Client:
Proposal No. 07-P0196 (C)
EXHIBIT A - SCOPE OF SERVICES
Pier/Dock at Jaycee Park at Boynton Beach
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: Providing consultant services for
seagrass survey, environmental permitting, a pier/dock and boardwalk design at
the proposed Jaycee Park in the City of Boynton Beach, Palm Beach County,
Florida. Jaycee Park is located on South Federal Highway, Section 33,
Township 45 South, Range 43 East in Boynton Beach, Florida. Professional
Services shall include: Special Purpose Survey, Seagrass Survey, Environmental
Permitting and Mitigation, Structural Engineering, and Landscape Architecture.
These services include provision of Client consultation, design document
preparation, coordination assistance with the City's Parks & Recreation
Department, Public Works Department, Purchasing Department and Building
Department, as well as, limited construction administration and construction
observation for the assigned project. The Consultant shall provide sequential
plan submittals for Client review and approval of park minor structures, lighting
and landscape through to completion of bid set documents for the City's
solicitation and selection of qualified contractors.
2.0 BASIS OF SCOPE
2.1 Survey:
Consultant shall deliver a Specific Purpose Topographic Survey of only the
East Boundary of Jaycee Park
Should the Site Control Points necessary to perform survey operations be
lost or obliterated, Consultant shall require additional fees to restore said lost
control points.
2.2 Environmental:
The agencies with jurisdiction for this project include the U.S. Army Corps of
Engineers (USACOE), Florida Department of Environmental Protection
(FDEP), and the City of Boynton Beach.
Permitting for this project includes the pier/dock and modification of the
mangrove mitigation area only. Permitting of improvements to the rest of
Jaycee Park are not included in this scope but can be provided as an
additional service.
Consultant cannot guarantee the issuance of required permits.
2.3 Structural Engineering:
Consultant shall prepare design of day dock / pier conforming to U.S. Army
Corps of Engineers (USACOE), Florida Department of Environmental
Protection (FDEP) permitting requirements and conforms to criteria and
recommended standards of United States Coast Guard (USCG).
Page 1 of 5
Initial: ML:
Client:
Proposal No. 07-P0196 (C)
2.4 Landscape Architecture:
· The point of contact, project manager and coordinator for City of Boynton
Beach is the Project Landscape Architect at Miller Legg. All plan submittals
and team communications shall be routed to Miller Legg for record keeping
and single point of contact.
· Landscape Plans and Details are not included but can be provided as an
optional service
Irrigation design for Jaycee Park is not included, but can be provided as an
optional service.
· Tree Removal/Relocation is not included, but can be provided as an
Additional Service.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
3.1 Copy of Current Boundary Survey and Legal Description.
3.2 Previous seagrass surveys, topographic and/or bathymetric surveys and
any other pertinent information.
3.3 Proposed plans for development of the upland portion of Jaycee Park as
prepared by PBS&J.
3.4 Unrestricted access to Park site.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be divided into tasks as follows:
SURVEY TASKS
Task 1 .
Horizontal and Vertical Control - Consultant shall recover/set Horizontal and
Vertical Control for use in Property Location and Topographic Survey.
FEE: Lump Sum of $2,100.00
Task 2.
Specific Purpose Topographic Survey - Consultant shall prepare a Specific
Purpose Topographic Survey of only the East boundary showing 1 foot contours
and existing topographic features of the ground, shore line and waterway from
100 feet west of the existing shore line to the west edge of the existing cut line of
the Intercoastal Waterway.
FEE: Lump Sum of $4,825.00
Page 2 of 5
Initial: ML:
Client:
Task 3.
Task 4.
Task 5.
Task 6.
Proposal No. 07-P0196 (C)
ENVIRONMENTAL TASKS
Environmental Resource Permitting - Consultant shall prepare and submit
applications, permit sketches, exhibits, worksheets, calculations, and other
support data to the USACOE and the FDEP normally required for permit
approval. Consultant shall schedule and participate in up to two (2) on-site
jurisdictional determination meetings with representatives of the USACOE, and
FDEP. This task includes preparation of a draft Public Notice and Statement of
Findings to accelerate processing due to USACOE staffing/workload issues.
Following the initial submittal, Consultant shall respond to up to two (2) Requests
for Additional Information (RAI) from each agency and coordinate with agency
representatives as normally required based on previous experience for up to 9
months. Additional coordination beyond 9 months shall be provided as an
additional service.
FEE: Lump Sum of $18,000.00
Seagrass Survey - Consultant shall perform a seagrass survey to determine
the presence or absence of seagrasses within the proposed project limits. This
survey will be performed using meandering transects with SCUBA/snorkeling
equipment. The approximate boundaries of seagrass beds, if observed, will be
mapped using Differential Global Positioning Satellite (dGPS) and displayed on
an aerial map. Per regulatory guidance, seagrass surveys for Johnson's
seagrass should occur between April and September. Results from seagrass
surveys performed outside this time period may require supplemental data
collection prior to acceptance by applicable regulatory agencies. Additional data
collection or seagrass surveys outside this survey area can be provided as an
additional service. A preliminary estimate of seagrass impacts, if applicable, is
included in this Task. The results of this survey will be included in a summary
report.
FEE: Lump Sum of $5,900.00
STRUCTURAL ENGINEERING TASKS
Day Slip Dock/Pier and Boardwalk Design - Consultant shall provide structural
design, detailing and specifications for the proposed day dock / boardwalk on the
Intracoastal Waterway at Jaycee Park.
FEE: Lump Sum of $18,900.00
Construction Services - Consultant shall provide limited construction services
as follows:
Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1)
pre-construction conference.
Construction Observation: Shall include up to three (3) periodic observations of
the landscape work.
FEE: Lump Sum of $1,400.00
Page 3 of 5
Initial: ML:
Client:
Task 7.
Task 8.
Task 9.
Task 10.
Task 11.
Proposal No. 07-P0196 (C)
LANDSCAPE ARCHITECTURE PROJECT MANAGEMENT
Management and Coordination - Consultant shall participate with the
Environmental Specialist and Structural Engineer, as well as coordinate
production of Schematic Design Documents (30% CD Submittal) and Design
Development Documents (60% CD Submittal), including assembly and submittal
of document packages to the City of Boynton Beach for respective phase
reviews and bidding assistance. All project documents to the Client will have
Consultant Corporate contact information.
FEE: Lump Sum of $6,300.00
MISCELLANEOUS TASKS
Additional Meetings/Miscellaneous Coordination - Consultant shall attend
meetings at the direction of Client on an hourly basis. These meetings shall be
above and beyond the meetings proposed in the previous tasks. The fee for this
task is estimated not to exceed $1,500.00 without prior authorization from Client.
FEE: Hourly per the attached Rate Schedule.
Reimbursable Expenses - Consultant shall provide services, as necessary, to
assist Client in the processing of documents, permitting, construction
coordination or other requested tasks to facilitate successful completion of the
Project. Costs incurred in providing these services shall be reimbursed in-
accordance with the General Conditions. For this Project an initial budget of
$4,500.00 in reimbursable expenses shall be established. This budget may be
increased upon authorization from the Client.
OPT/ONAL TASKS
Mangrove Mitigation Area Permit Modification - Consultant shall investigate
the previously permitted mangrove mitigation area on-site for the potential of
adding a passive-use boardwalk. This Task includes preparing and submitting a
revised passive-use conservation easement document, permit modification
request for the boardwalk addition and responding to up to one (1) RAI.
Recordation of the revised conservation easement document will be performed
by the Client.
FEE: Lump Sum of $5,300.00
Landscape Architectural Design
A. Consultant shall prepare submittals of Final Construction Documents (90%
and 100% CD Submittal) based on the Design Development documents
approved by the City of Boynton Beach, including:
· Full coordination with Environmental Professional and Structural Engineer for
related plans and specifications.
Page 4 of 5
Initial: ML:
Client:
Proposal No. 07-P0196 (C)
. A landscape plan supplement to proposed overall park landscape.
. Landscape notes and details including: plant schedule, depicting quantity,
species, size at installation of all proposed plant material.
B. Consultant shall prepare irrigation performance specifications for
modifications, adjustments and expansion the existing irrigation system.
One set of revisions required by Client upon review of the Design Development
Submittal shall be included in this task. Subsequent revisions to the concept or
site plan, if required, shall be provided as an additional service.
FEE: Lump Sum of $4,500.00
FEE SUMMARY
-i
TASK LUMP SUM HOURLY SUBTOTAL I
!
NUMBER TASK FEE NTE FEE BUDGET FEE -1
Horizontal and Vertical
Task 1 Control $2,100.00 $0.00 $0.00 $2,100.00 I
Specific Purpose
Task 2 I
Topoqraphic Survey $4,825.00 $0.00 $0.00 $4,825.00 i
Environmental Resource I !
I
Task 3 Permittinq $18,000.00 $0.00 $0.00 I $18,000.00
Task 4 Seaqrass Survey $5,900.00 $0.00 $0.00 $5,900.0C
! ~
Task 5 Day Slip Dock/Pier and $18,900.00 I
Boardwalk Desiqn $18,900.00 $0.00 $0.00
Task 6 Construction Services $1,400.00 $0.00 $0.00 $1,400.00 I
Landscape Architectural
Task 7 Proiect Manaqement Svcs $6,300.00 $0.00 $0.00 $6,300.00
Task 8 Additional Meetinqs $0.00 $1,500.00 $0.00 . $1,500.00 i
Task 9 Reimbursable Expenses $0.00 $0.00 $4,500.00 $4,500.00 I
TOTAL FEE $57,525.00 $1,500.00 $4,500.00 $63,425.00
~~."--_.~- I
I
OPTIONAL FEE SUMMARY
TASK LUMP SUM HOURLY \ SUBTOTAL 1
NUMBER TASK FEE NTE FEE BUDGET I FEE I
1
I ~ ~
Mangrove Mitigation Area I
Task 1 0 I
Permit Modification $5,300.00 $0.00 . $0.00 \____ $5,300.00~
Landscape Architectural :
Task 11 Desiqn Svcs $4,500.00 $0.00 $0.00 $4,500.00 I
TOTAL FEE $9,800.00 $ 0.00 $ 0.00 $9,800.00
F:\Proposals\2007\07-p0196 boynton\DoCuments\Contracts\Scope\07~P0196 Boynton Bch LASscope C REVISED 071906 doc
Page 5 of 5
Initial: ML:
Client:
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
D August 21,2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
~ October 2, 2007 September 17, 2007 (Noon) D December 4,2007 November 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: : Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Frederick Johnson for the property at 1047 Highland Rd, Lantana, FL (Ridge Grove Lt 61).
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map).
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
fJ/
k-~~
~
UTILITIES
City Manager's Signature
Assistant to City Manager ~
>- -
~C .~
City Attorney / Finance
De artment Head's Signature
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
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
8 CITY OF BOYNTON BEACH AND FREDERICK
9 JOHNSON; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1047 Highland Road, Lantana, Florida (Ridge Grove
14 Lot 61); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
II -
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
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.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Frederick Johnson, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA\RESO\Agreements\Water Service\.Johnson Water Service Agrecment.doc
1
2 , PASSED AND ADOPTED this _ day of October, 2007.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Mack McCray
18
19
20 Commissioner - Carl McKoy
21 Attest:
22
23
24
25 I I Janet M. Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
S:\CA \RESO\Agreements\Water Service\1ohnson Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
Jam::: c 1\. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Cormnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of d;;/ ,200 l, by and between
~!"F;.oF~;cJL. ~\'\f,~~ hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
,
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records ofPalm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-D6.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
F='"n:; l.~Pl'd-, ~'I'.fi"""o "-.) (INSERT NAME)
1 IN WITN~SS WHEREOF, the parties hereto have set their hands and seals this J3
-Ilkr ,2007.
WITNESS:
7~ f11 MA
:1I';ss Signature
~[fJ y"" ;-f'_ M (Jnfis
,
Printed Witness Name
~~ ~~.tl
Wj.!ness Si'gii'a,tur Q
~ I!J- -.J ,t::hJ Fr j11?)
Printed Witness Name
day of
IND~tZ AS O~R(S):
Owner Signatur~
F<t:U€e.\v~ ~",,'f){~t-.j
Printed Owner Name
Witness Signature
Qg 0----
Owner Signatu~
F"~l:'\~{.;r:/k- :r~ nns.cl t--J
Printed Owner Name
Printed Witness Name
Witness Signature
Printed Witness Name
FOR INDNIDUAL(S)NOT ARIZATION:
STATE OF -170-1lk )
la' () it. ) ss:
COUNTY 0 .. 4J]( J1CJ..l
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
~resaid, and i <. .the County aforesaid to take acknowledgments, personally appeared
en I . '~ItC...... to me known to be the person(s) described in an~ who
executed the fore oing instrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification: rDLTt :; ffX5 -;)59 -7"7- .:;~c..;.3 - 0 .
11 WITNESS my hand and official seal in the County and State last aforesaid this ;;<) day of
.-r'L~1 ,2007
(N ot~ Seal) l~tJlY ~\.; Notary Public State of Florida ('.'1 ,HI' /7. 11- /
. Carol A Mahoney ~ ~ ,
My CommI'ssI'on r-:' .i/'._ My Commission 00460414 l'
~.: Expires 0811012009 Notary Pub IC
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and In the County aforesaid to take acknowledgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal 'affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
Goren. Cheret. Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlWe,
~~SnF-0r.l~~ JO.~n.s~u
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is descnbed as follows:
PCNNo.:OO-L{S - ~~- ()9 - 08 - 000-66 {()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 0$ day of
d d , 20 sf] and the powers and authority shall ~ irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;(3 day of
J]1;[)tJ,c Jf , in the year 20 ~7
J d" h f
Sealed and elivered ill t e presence 0
f~ )tf~tr
W~s Si~aturf1
t? r ( of> 0 Ct-- -r oS
Print Name
,
~~
~. /V
Owner Signa
" ...,.-. N
.,--. . II' ,ll.....i'l ~
t".0t",De;.f )\(' X d()(),,r.~
Print Name
/
.,..-.... f /~, C._ /
'~'/I...L- '---1-'-1 lj.<..c... ,./ " .
"'--" , I I
Witness Signature /' j
~'/>_ ,/.-::" /,J c.:...~ /,?!~~
Print Name
Witness Signature
f) C2--
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-t-,~
Owner Signature
F(,~-f_l vL -:f~ hr.so0
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA
)
) SS:
\
)
COlJl'~TY OF PALM BEACH
~: FOREGOING INSTRUMENT ~ ac. k:\>o~ledged .\>efore me this 13 day of
I ,L~, 20fil, by ." \C ( \f Il ~ I( jo ~U7 "OVt and
who are known to or who have produced
I l ~ ~ . -77..,J ,Pas identififtation and wh,O did/did ,no; take an oath.
~t&-Q fl I~Ct (,-~ y
liOTARY PNBL1C / )
{I([.I 11 J ~O r1()H eL r(
Type or Print Name I --......-
Commission No.
My Commission Expires:
S:\CA\AGMTS\Water Service'power ofatty.doc - 1-{)..O6
H:\l 990\900 I 82.BB\AGMIiPower of Attorney-lnd 1-30-06.doc
~otary Public State of Florid;-
varol A Mahoney
~y Commission DD460414
,expires 08/10/2009
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1 in. = 89.6 feet
I
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2040 2060 2070
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o 168~ 67016601650164!~
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Location -1047 Highland Rd
/' Railroads
Tax Parcels 2005
LOT Labels
L7 Tax Parcels 2003
LOT Labels
, L7 Tax Parcels 2002
LOT Labels
Sewer Lines
Sewer Lines (Manatee Bay)
Water Mains
/ Water Mains (Manatee Bay)
I Street Centerlines
I' STREET Labels
l Streets (Manatee Bay)
. hydranCequipmentprjSP _Proje
I TRSgrid
Water
:i- L7 Utility Service Area
!
i
,0_. 1."\ --I 7
~)- I~<j. ,-~.- ,
-'--.-< --- --..-.
Location Address: 1047 HIGHLAND RD
, YieVll Ma~, .
~{,' _~"'~:';' 8':!:,:~,.,.: _y..'.: .~-:'.:: "" ::"1'~~<,:,:~i'N "'IfL,;,,, 0 - :EAi:::
I~JL/ l.Cti.t:.. /;
Municipality: UNINCORPORATED
{{,.tit'
Jr?-lk. tf~..
Parcel Control Number: 00-43-45-09-08-000-0610
Subdivision: RIDGE GROVE IN
Official Records Book: 21797 Page: 1091 Sale Date: May-2007
Le9aU)_es_criQ~jo.1l: RIDGE GROVE LT 61
-.----.....--'
Owner Information
Name: JOHNSON FREDERICK W
l",:~,,~!M~~!;i+0i!i1' I
Mailing Address: 1047 HIGHLAND RD
LAKE WORTH FL 334626111
~ Sales Information
Sales Date Book/Page
May-2007 2179711091
Dee-1998 1._0850LQ'Z.'ZS>
Aug-1987 053~0828
Price Sale.IYQe
Owner
~A<'4~_;,1
$57,000 WA RRANTY DEED JOHNSON FREDERICK W
$25,000 WA RRANTY DEED SUGAR BELLE CORP
$16,500 WA RRANTY DEED
["" Exemptions
I Exemption Information Unavailable.
I Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
UssLC.Qde: 0100
20Q7 P 2Q06 200S
$22.691 $25 759 $18.500
. $48.489 $35 917 $23.323
$71,180 $61 676 $41,823
Property Information
Number of Units: 1
*Total Square Feet: 384
l
Description: RESIDENTIAL
* in residential properties may indicate living area.
P = Preliminary Values
ssesse an axa e a ues I
Tax Year: 2007 P 2006 2005 ,
Assessed Value: $71.180 $61.676 $41.823 li0;ilii..iaqal,t'PiJ I
Exemption Amount: $0 $0 $0
Taxable Value: $71.180 $61.676 $41.823 i
i
A
d
dT
bl V I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2007 P 20Q6 1005
$1.197 $1 126 $797
$226 $264 $243
$1.423 $1 390 $1.040
l2~;~,,~~q~P;J
I",x ColiectorWeb..Si.te
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
r-f-- 1
http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=004345090800006l O&geonav... 8/22/2007
JOHNSON FREDERICK W
-:N Number: 00-43-45-09-08-000-0610
........ilding Structural Data and Drawing are for the Current Tax Roll.
BUILDING!
Structural Element for Building 1
Extra Feature
Description Year Built Units
"Itio 1946 360
CILITY BUILDING 1946 108
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14, Floor Type 1
15. Floor Type 2
16. Stories
ASB. SHG,
1946
NO HTG/AC
NONE
NONE
1
1
o
N/A
GABLE/ HIP
ASPH/COMP. SHG.
WALL BD./ WOOD
N/A
VINYL/ ASPH TILE
N/A
1
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 384
Total Square Footage: 384
Total Area Under Air: 384
lii;d~~KII
Zoning
RM
Units
1
~ili~1
11a;'I,~Li:iI!\'~tl
1<,ecQEU;~9.!~r} I Exemption~~-File I Informijtion I Exernptiollii I Community I Employment I New Home Bl!'@!: I Office Locations
Value Adiustment Board I Save OUI' Home~ I Senior Corner I Disclaimer
HomJ; I Links I Glossary I EAQ I Forms I Contact Us I PAPA
(s;) 2007 Palm Beach County Property Appraiser.
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VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORIVl
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 Meetine: Dates in to Citv Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
~ October 2. 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D City Manager's Report
D New Business
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RECOMMENDATION: Approve and execute, via a Resolution, the REVISED agreement between.:::c
Palm Beach County and the City to provide funding in an amount up to $380,000 for improvements to
Boat Club Park. The original agreement, which was ratified. during the August 7, 2007 City
Commission meeting, was missing the following verbiage: the Project reoresents recreation projects
enumerated in the 1996 $25.3 Million Park Imorovement Revenue Bond Issue, as amended: and. The
verbiage was added to the revised agreement.
Legal
Unfinished Business
EXPLANATION: Palm Beach County inadvertently did not include some verbiage to the agreement that
was originally submitted to the City for ratification. Although the change was minor, it was inconsistent
with Article 1, Section 1.01 of the agreement, i.e. The foregoing recitals are true and correct and are
incorporated herein as iffully set forth. Consequently, it was necessary to revise agreement by adding
the missing verbiage.
PROGRAM IMP ACT: Boat Club Park is used by thousands of people every week. With support from
the County, we will be able to make significant aesthetic and functional improvements to one of our
most popular facilities. The park will be safer, look better, and be easier to maintain.
FISCAL IMPACT: $37,500 is currently allocated in the CIP (Account # 302-4108-580.62-01) for
planning and design costs. The $380,000 received from the County ~i co construction costs.
" -----..--------
Department Head's Signature
Assistant to City Manager CJtv..A/
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Department Name
City Attorney! Finance
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVISED INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH TO PROVIDE FUNDING IN AN
AMOUNT UP TO $380,000.00 TO ASSIST WITH COSTS
FOR CONSTRUCTION OF BOAT CLUB PARK
RENOV ATIONS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the original Interlocal Agreement to provide funding for Boat Club
Park was approved at the City Commission meeting on August 7, 2007; and
WHEREAS, Palm Beach County inadvertently did not include language referencing
that the project represents recreation projects enumerated in the 1996 $25.3 million Park
Improvement Revenue Bond Issue; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens and residents of
the City of Boynton Beach to authorize execution of the revised Interlocal Agreement with
Palm Beach County to provide funding in an amount up to $380,000.00 for improvements to
24 Boat Club Park.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confinned as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
2 the Mayor and City Clerk to execute a revised Interlocal Agreement between the City of
3 Boynton Beach and Palm Beach County to provide funding in an amount up to $380,000.00
4 for improvements to Boat Club Park, a copy of said Agreement is attached hereto and made
5 a part here as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon
7 passage.
8 PASSED AND ADOPTED this _ day of October, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(561) 966-6600
Fax: (561) 642-2640
wwwpbcparks.com
.
Palm Beach County
Board of County
Commissioners
Addie L Greene, Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Warren H. Newell
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
August29,2007
Mr. Wally Majors, Parks and Recreation Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: 2002 Recreation and Cultural Facilities Bond - Revised Funding
Agreement for Boat Club Park Renovation
Dear Mr. Majors:
Per our previous conversations, we needed to add a new paragraph to the
"Whereas" section of this Agreement (the third "Whereas") in orderto specify
an additional County funding source. Although this change does not modify
any of the terms to which the City has agreed, the City nevertheless needs tL
re-sign the Agreement due to this change.
Therefore, we are requesting that you have the attached revised Interlocal
Agreement approved on behalf of the City of Boynton Beach, and return both
executed originals to us for approval by the Board of County Commissioners.
Contact Susan Yinger, Administrative Support Manager, at 966-6653 if you
have any questions on the Agreement. On behalf of Commissioner Mary
McCarty and the Board of County Commissioners, we look forward to
assisting the City of Boynton Beach with the costs of construction of
improvements to Boat Club Park.
Sin~, ~
~~~--
Dennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
Attachment - Two originals of Bond Agreement for Execution and Return
Copy to:
Commissioner Mary McCarty, District 7
Kurt Bressner, City Manager
Paul King, Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR BOAT CLUB PARK RENOVATIONS
THIS INTERLOCAL AGREEMENT is made and entered into on ,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal
corporation, hereinafter referred to as "MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, MUNICIPALITY owns and operates Boat Club Park located on South
Federal Highway in Boynton Beach, hereinafter referred to as "the Project"; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
construction of renovations to the Project; and
WHEREAS, the Project represents recreation projects enumerated in the 1996
$25.3 Million Park Improvement Revenue Bond Issue, as amended; and
WHEREAS, on November 5,2002, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $50 Million (lithe $50 Million Recreation and
Cultural Facilities Bond"); and
WHEREAS, the COUNTY has approved a recreation and cultural facilities project
list and proposed funding allocations, as amended, for the $50 Million Recreation and
Cultural Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, both parties desire to increase the recreational and cultural
opportunities for residents of Palm Beach County and to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
1
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if
fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist MUNICIPALITY in the funding of the Project.
Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $380,000
for the construction of the Project as more fully described in the Project Description,
Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as
Exhibit "A".
Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to
complete construction of the Project. The parties agree that the COUNTY shall provide its
portion of the funding only after MUNICIPALITY has expended $0.
Section 1.05 COUNTY's representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the
construction of the Project shall be Wally Majors, Recreation and Parks Director, Boynton
Beach, 561-742-6255.
Section 1.06 MUNICIPALITY shall construct renovations on the property as more fully
described in Exhibit "B" attached hereto and made a part hereof.
Section1.07 MUNICIPALITY shall utilize its procurement process for all construction
services required for the Project. Said procurement process shall be consistent with all
federal, state and local jaws, ruies and regulations. COUNTY shall have no contractual
obligation to any person retained by MUNICIPALITY with regard to the Project. Any
dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is
solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY
harmless for same to the extent permitted by law and subject to the limitations of Section
768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the
Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit
"A", attached hereto and made a part hereof, and with all applicable federal, state and local
laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto,
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MUNICIPALITY shall initiate its procurement process to select the necessary professional
engineer and/or architect to perform all engineering and/or architectural design work,
including, but not limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's
programming phase documents (Le., site plan, floor plan, elevations, etc.) to the
COUNTY's Representative for review. The COUNTY's Representative shall review said
programming phase documents to ensure consistency with the intent of this Interlocal
Agreement.
Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Prior to MUNICIPALITY commencing construction of the Project,
MUNICIPALITY shall provide a copy of all plans and specifications, along with the
associated costs thereof, to the COUNTY's Representative for review to ensure
consistency with the intent of this Interlocal Agreement.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
public for its intended use within thirty six (36) months from the date of execution of this
Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this
period for the purpose of completing the Project. COUNTY shall not unreasonably deny
MUNICIPALITY's request for said extension.
Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered,
percentage of completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by
MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required
for completion of the Project. The COUNTY shall not dispense any funds to
MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said
excess funds for the Project.
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Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this
Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed
on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for
each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45)
days of such special request. For each requested payment, MUNICIPALITY shall provide
to the COUNTY's Representative a fully completed and executed Contract Payment
Request Form and a Contractual Services Purchase Schedule Form, attached hereto and
made a part hereof as Exhibit "C". Said forms shall include information listing each invoice
as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date;
and the amount paid by MUNICIPALITY along with the number and date of the respective
check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid
by MUNICIPALITY along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by MUNICIPALITY on the Project and shall also certify that each
vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by
MUNICIPALITY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total
amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the
Project and provides COUNTY with either a Certificate of Occupancy or a Project
Completion Certification as determined by COUNTY, and the COUNTY receives and
approves all documentation as required in accordance with this Interlocal Agreement. The
COUNTY's representative shall visit the Project site to verify and approve said final
rei mbu rsement.
Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the
COUNTY no later than ninety (90) days following completion of the Project and provision of
either a Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$0 for pre-agreement costs.
Section 3.06 For construction projects fully funded by the County, no more than 10% of
the County's funding for the project shall be used for design and engineering costs for the
project and be eligible for reimbursement under this Agreement. For construction projects
not fully funded by the County, all design and engineering costs associated with the project
shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the
County.
Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended
its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a
certification, in a form acceptable to the County, from an independent auditor that the
MUNICIPALITY has complied with this Project funding provision. The County will be
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entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under
this Agreement.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any
other capital improvement required by or of MUNICIPALITY.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project. MUNICIPALITY shall be
responsible for all costs, expenses, fees and charges, and liability related to the operation
and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by
the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance
with industry standards for such facilities to prevent undue deterioration and to encourage
public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to
MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY
transfers ownership of the Project to a party or parties not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to assume, in writing,
MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from
MUNICIPALITY for its participation to the full extent of the funding assistance awarded to
accomplish the Project. Should MUNICIPALITY transfer management of the project to a
party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue
to be responsible for the liabilities and obligations as set forth herein. Further,
MUNICIPALITY shall not transfer management of the Project to a third party without the
written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
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respect to use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community
and social purposes only unless otherwise agreed to in writing by the parties hereto.
Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent
location at the completed Project indicating that the COUNTY was a contributor to the
development of the Project. Said plaque or marker shall include the County seal and a list
of County Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design/construction of the Project for at least five
(5) years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall be retained by MUNICIPALITY until final
resolution of matters resulting from any litigation, claim, or special audit that starts prior to
the expiration of the five (5) year period. The COUNTY reserves the right, upon
reasonable request and during normal business hours, to inspect said Project and shall
have access to such books, records, and documents as required in this section for the
purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
With a copy to:
County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
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As to the MUNICIPALITY:
City Manager
City of Boynton Beach
100 East Boynton Beach, Boulevard
Boynton Beach, Florida 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the
terms and conditions as set forth herein and where MUNICIPALITY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do
so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require MUNICIPALITY to
reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement
either in whole or in part once the COUNTY has reasonably determined that no other
remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the I nterlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof. The
parties hereto may pursue any and all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that MUNICIPALITY is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its
Board of County Commissioners. It is further acknowledged that the County only
contributes funding under this Agreement and operates no control over the Project. In the
event a claim or lawsuit is brought against County or any of its officers, agents or
employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims,
liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating
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to any intentional or negligent act or omission of MUNICIPALITY its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnification
shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this
Agreement, the foregoing indemnification shall apply not only during the term of this
Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY
is eligible to receive reimbursement from the County.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with coverage
limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property
insurance, in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate
limits based on the MUNICIPALITY'S replacement cost or probable maximum loss
estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully
responsible for any deductible or self-insured retention.
The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability
and obligations under this Interlocal Agreement.
The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work
associated with this Agreement to maintain:
1. Workers' Compensation coverage in accordance with Florida Statutes
including endorsements for U.S. Longshore and Harbor Workers
Compensation Act and the Merchant Marine Act (Jones Act) in the event any
portion of the scope of services/work occurs over, near, or contiguous to any
navigable bodies of water.
2. Commercial General Liability coverage at limits of not less than $1,000,000
Each Occurrence. The COUNTY shall be added an "Additional Insured".
3. Business Auto Insurance with limits of not less than $1,000,000 Each
Accident.
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4. If the construction work being performed exceeds $200,000, a payment and
performance bond for the total amount of their construction contract, in
accordance with Florida Statute 255.05.
5. The Contractor agrees to carry builder's risk insurance while the project is in
the course of construction in an amount at least equal to the estimated
completed project value as well as subsequent modifications of that sum.
ARTICLE 13: PUBLIC ENTITY CRIMES
As provided in Section 287.132-133, Florida Statutes, by entering into this contract or
performing any work in furtherance hereof, MUNICIPALITY 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. This
notice is required by Section 287.133 (3)(a), Florida Statutes.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the provisions, terms
and conditions contained in this Interlocal Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17: THIRD PARTY BENEFICIARIES
This Agreement is made solely and specifically among and for the benefit of the parties
hereto, and their respective successors and assigns subject to the express provisions
hereof relating to successors and assigns, and no other person shall have any rights,
interest, or claims hereunder or be entitled to any benefits under or on account of this
Agreement as a third-party beneficiary or otherwise.
9
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
SHARTON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
ATTEST:
By:
Clerk
APPROVED AS TO TERMS AND
CONDITIONS:
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Commissioner Addie L. Greene, Chairperson
CITY OF BOYNTON BEACH
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Municipality Attorney
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EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
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'~rhe City of
Boynton Beach
MAY 2 2 )(1107
,-_lJ j
Recreation & Parks Department
Administration
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6224
FAX: (561) 742-6233
Email: majorsw@ci.boynton-beach.fl.us
www.boynton-beach.org
May 11,2007
Commission Mary McCarty
Board of County Commissioners
Palm Beach County
301 N. Olive Avenue
West Palm Beach, FL 33401
Dear Commission McCarty:
Thank you for your donation of$380,000 for the renovation of Boat Club Park. This park is heavily
used by both Boynton Beach and Palm Beach County residents and is being "loved to death." These
funds will go a long way towards enhancing the facilities and the aesthetic nature of the park. Our plans
are as follows:
· Renovation or replacement of the restroom - this building is the first and last to be used by
boaters and is a vital component of the park.
· Replacement of the picnic sheiters - these shelters were constructed in the 1960' s and ere
outdated and deteriorated. We plan to replace them with modern shelters that emulate the
nautical theme of the park.
· Replacement of park furnis~ings - the existing benches were constructed with the original
shelters and are damaged and uncomfortable. Parks should be inviting places and the
replacement of the furnishings will compliment the nautical theme of the shelters.
· Landscaping - plants do have a "life span" and most of the plants in the park are either at the end
of their years or have already been removed.
· Replacement of the handrails on the boardwalk - the flat handrails on the boardwalk are
commonly used to clean fish. This has created gouged, stained and splintered handrails.
Replacement with a round metal handrail will prevent this in the future.
Americas Gateway to the Gulfstream
The following is a breakdown of the cost estimates:
ELEMENT COST
Restrooms 175,000
Picnic Shelters 110,000
Park Furnishing 50,000
Landscaping 25,000
Handrails 20,000
TOTAL $380,000
An aerial map that indicates that location of the renovations and a legal description are attached.
If you need any other information to proceed with the Agreement, please let us know. We look forward
to working with you on this project. Thank you.
Sincerely,
/
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Wally Majors, Director
Recreation and Parks Department
(attachments)
c: Dennis Eshleman, Director, PBC Parks and Recreation Department
Susan Yinger, Administrative Support Manager, PBC Parks and Recreation Department
Jody Rivers, Parks Superintendent, City of Boynton Beach
Kurt Bressner, City Manager, City of Boynton Beach
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
13
iDJEST A
:UIBIl B
lC::; 5, u f 5
liifarranty ))ted
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(SIAIUIOn fOUl- SImON 619 01 'S)
GENE MOORE, LAWYER
639 E. Ocean Avenue
Post Office Box 910
Boyn ton Beach, na.
33425
lJ~(J lnbrnturr,
Mod. thi.
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day 01
January
1985
Ilrlmrrn
ARNOLD STROSHEIN, Individually and a~
non-homeatead property
Trustee,
conveying hi~
~eparate
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00
01 the (oun,.., of
Palm Beach
SIal. 01
Florida
. Qfonlor.. and
CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation
who.. po.1 olfiet odd".. i. 1 02 E a ~ t Boy n ton Be a c h B I V d .
Boynton Beach, Florida
33435
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0/ ,he (oun,.., of
Palm Beach
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Florida
. oront....
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.UnrJII'I~, Thai ",id gronlo" 10, and in (on.id..otion 01 the \Um 01
TEN----------------------------------------------___no/100
.# 00110...
, and oth.r 900d and yoluable (OnJ.id.fo'ion, '0 \aid gronlor in hand paid by laid ;ro"'.., the rt<eipt wh.,eo' i. h.,.by
z ad nowl.dgtd. ha. g,anttd. bargoin.d and ",Id to t'" ",id g,on'... and gran'.... "'il\ and oui9"1 10....'. 'h. lollowing
~ d..crib.d land. .ituol.. lyinV and Wing in P a I m Bee c h (oun". FIo,ida. 'o-wi"
~ From the Southweat corner of LOT 12, SAM BROWN JR.'S HYPOLUXO SUBDIVISION, according to
~ the Plat thereof, recorded in Plat Book I, Page 81 of the Public Recorda of Palm Beach
County, Florida, running Easterly along the South line of said Lot 12, a distance of
94.84 feet to the Eaat right-of-way line of State Road No.5 and an iron pipe, THE POINT
OF BEGINNING; thence running an angle of 82026' from Eaat to North running Northerly along
the Eaat right-of-way line of State Road No.5, a diatance of 203.44 feet, thence turning
an angle of 97034' from South to East and running Eaat a diatance of 328.62 feet to an iron
pipe, thence turning an angle from Weat to South of 82026' and runnning Southerly on a' line
parallel to the West line hereof, a distance of 203.44 feet to an iron pipe; thence turning
an angle of 97034' from North to Weat and running Weat a diatance of 328.62 feet to an iron
pipe and THE POINT OF BEGINNING. SUBJECT TO: eaaemente, re~ervationa, reatrictiona, road-
right-of-way of record, if any. and taxea for the year 1985 and thereafter.SUBJECT FURTHER
G to that certain mortgage in the original princpal amount of $95,000,00 in favor of Millicen
v Opportunities Corp., said mortgage being dated January 16, 1978 and recorded in O.R.B.2802
'I D at Page 1341 of the Public Records of Palm Beach County, Florida, which mortgage Grantees
) V agree to assume and pay.
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I and .aid gronto, dotl ...."by lully worron' ,h. ,ili. 10 .oid lond. and will d.r.nd the ",In. again.' ,'" law/ul claim. 01 011
~ p."onl _hom,ot..,.,.
., "Grantor" and ..gront.... or. uu.d fOf \in9ulo, 0' plvto', 0\ con't"a. 'Iqui,,,.
.11n _Unrlll m~'r'nr. G,onlo, ho. h...unta .., gro,,'o,'. h<y1 ond "01 ,he day and Y'O' II", oba.. w,ill.n.
~d. ~ol.d and d"i'''~d in Ou' p,...ne.,
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(s.c./)
Ind ividual
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( Seal)
5 T A Tf OF FLORIDA'
COUNTY Of PALM BEACH
, HEREBY CERllfY rho. 0" 'hi. day b.lor. ..... an ollicH duly ollO~~ 'a 'ok. CKknowle<lg....nh. peno_1Iy oppea,ed
ARNOLD STROSHEIN, INDIVIDUALLY AND AS TRUSTEE.
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Notary Publi<
:;;';-n: G.n. 1.400r8 ~ L_
~ P. O. Box 910 ......::::--
Boynlon Beech, ....
R ec. .)-: G, U
Fla. St. - /7J2 <:;u
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NOTARY PUBLIC STATE Of flORIDA AT LARGE
MY COMMISSION EXPIRES SEPT 23. 198&
BOf(OEl) THRU GENERAL INS. UNDERWRITERS
RECORD VERlREO
PALM B1:ACH COUNTY FLA
JOHN B. DUNKLE
CLERK CIRCUIT COURT
-
TLL CALL. # 55
Return: G... """
p, o. ""'" 910
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Fl.. St. - b d W. '0-<:>
surtaX -
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DEC-20-1988 03:27pm 88-351741
OPB 5909 P3 1058
PROJECT B
EXHIBIT B
PAGE 1 of']
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This I""'ument Prepeud by:
!
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.udr....
HIS II"STRLIMENT WAS P.fi~"'~,RrD BT
GENE MCCrt
....nOl-<NEy.AT.l..AW
P. c.,BOX 91G
1lO.....'ON &EACH. FLOAolOh -3:J.4;06
Con 1,100,000.00 Doc 6,050.00
JOHN B DUNKLE, CLERK - P9 COUNTY, ~L
Property Appraisers PlTc" identification (Folio) Humber(s):
SPACE AIlOVE THIS liNE FOR REtaRDING DATA
litis Mlarl'llnty Jl)ccd ,\f"d,. Il,e 10th .I,,>, o{ November A. D, IC) 88 by
KIRSCH HOLDING CO.INC., a New Jersey Corporation
IlerpiHllfh'r coHea dlf:~ qruJllor, 10
CITY OF BOYNTON BEACH, FLORIDA, A Florida Municipal Corporation
'''/''l.'~ ,.",'offi<~ (Illd"." i, city Hall, Boynton Beach, F lor ida 33435
lH'r(.itlufh" ('ul(('(1 tllC! !trulllpt':
ry.,'''tlf'\f'r Il'fll hrl!"ill Ih.' If"III' "IIII,lI1t"," ;1nll "W:I;lIII"~" Inflllllr ..II lhf' partir. III thi, in~humf'nl and
du' 1,,'If'. IClI;>l frl.H"'f'IIIJ1tilr- ,11..1 ...","ll~ ..I ...di\idu.al,_ ilUtl lh~ .urcnl11U and a..IIIlII' of rorpontiun,)
ttJitnessdh: Tim' ,/". """""r. {or "",I ill co",i,/..,utioll ,,{ ,/,~ "'"' 0/ $10.00
I'"lu"I,I.. co",i,l,'rulioll'. ".....ip~ ...1".".o( is 1"."./,,' lIc~lIoll.I,.,I!l"'1. I".".!'y W,,"I.. !'"r(loim. ,ell"
mi,~,. r~I,'",e,. co,,,"'ys ",,,I (oll{i"''' 111110 1111' w,,"t~r. ,,/I 11,,01 Cl'rllIill.lu,"/ ,jlllnl. ill Palm
Cuullty. F1om/a. ,'iz:
a",/ oll.rr
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Beach
LOT 7, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION, to the Town of
Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat
Book 1 at Page 81, LESS the Right-of-Way for state Road 5, (U.S.
Highway # 1)
SUBJECT TO: easements, reservations, restrictions, road-right-of-way~
of record, if any, and taxes for the year 1988 and thereafter.
logether wll" all Ihe lenement,. heredilomellt. and appurl.nonces Iherolo belonging or In any-
wise appertaining.
10 Hallt and to Hold, Ihe ,orne in Ie. ,impl. {or.ver.
Rnd II,e grail lor hereby co,'enan" will, ,aid gran I.. 11,01 ,h. granlor I, low/ully ,.i:t.d 0/ ,old 1011.1
ill {.e ,imple: II.al II,. gralllor "a. good right and lawful ou,llOrily 10 ,.ll and conv.y ,old land; thnl th.
grolllor he,e/'y fully woTtun" II,. lille 10 ,aid land and will de{.nd II,. ,am. against Ihe low{ul claim, o{
"ll persall' whom,oeve,; 011.1 11,01 ,aid land i, free 0/ 011 .ncumhranc.,. exc.p' laxe. accruing sub,..qu.nl
10 Decemb.r ) I. 19 87
lit ltJitness ~hereof, ,,,. .01.1 grantor 1,0' .igned 011.1 ,,01..1 Ihe.e pro..nls Ihe day and y.ar
Ii,,' "bove wrillen.
r.,.lIce: KIRSCH-He-I:;UlN~.l.;Y-;"', INC"
..il. New ,:re.J:'s~~po::::J.ticn ~
'," C~~Y:~:~,~'~'~':""'~'~~~,~.~.~.~'~.aD
C . Noweis" RECor~O VE:RI[EO
STATE Of NEW JERSEY PALM BEACH COIJ j TY. FLA.
COUNTY Of -MONMOUTH . JOHN B. DUN LE '
CLERK CIRCUIT COUtII-,HEREBY CERTIFY .hlt 00 ,hi. day. before me. an
olfic., duly authoriz<d in ,he Stale afo....id and in .he CoulI'y aforesaid, '0 uke acknowledsmenll, penonally appeared
Irving B. Kirsch, President of Kirsch Holding Co., Inc., a New Jersey
Corporation
to me k"own to be ,he penon described in alld who executed the 1,..~oil'S in",')menl and . he acknowledsed
before me thillt he executed the same.
WITNESS my hand and official seal in the County and. :itate laJ~ .Irf,reli~ii tiul
November A. D. 19 88
10th
My commission expires
6/28/89
e Ii rI ",rt..OftJ~.....~!~.~.~.~..M:..~m...:......
~'1 i>ublic NOTARY PUBUCI1lJ)NEW JERSEY
.. Mv Commipion F.xpir~s June 28. 1989
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PROJECT B
EXllBIT B
PAGE 2 of 3
Thl~ Instrument Prepared by:
alidl"':
THIS IN~rT(. ,:.fIT WAS Ph:rXf,iH.O BY
GE.NE. "'ior,(
AnCr;1'-i~Y.AT-LAW
P. O..BOX 910
OOmTON BUCW, n.~ ~
,
J
DEC-20-1988 OJ: 27pm 88-351742
ORB 5909 pg 1059
Property Appnlsm Pareel Identlfteallon (Folio) Number(s):
Con 1,000,000.00 Doc 5,500,00
JOHN 8 DUNKLE, CLERK - P8 COUNTY, rL
SPACE AsaVE THIS LINE fOA AEtoAOINO DATA
lhis lLnJan'anty .IDrcd Me,"" I/,e / [) Pf.... "a)' of /j/U.,;i>y/iE<. :\. [) I(i 88 1,)'
IRVING B.KIRSCH and CLARA F. KIRSCH, his wife (a/k/a Clara Kirsch)
Ilere'iou/ter culled 111(-' orolllur, 10
CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal
Corporation
",fH>SO pos/office (lI/"r"ss is City Hall, Boynton Beach, Florida 33435
11I'rei,w{t('r culle,1 tile qnHtlc'r': , .
;I~ h~;.~,~:r 1',~:I"~: I/;;";~'~I" "I:~;" ~~,' "~:,d "::,':;:::.' .,tn;~'d"~J':::~~~' .",::j'"I:'~~ ,;o~~c:::~'rJ~a;~'~' .:':;0<::;'. o;n\:~";~~;':~i".r:1
~(Jilnrssrlh: T/IClI ,Ill' f{nllllor. fur 0",1 ill (.lI,,~idc'r(lliIHl of III(' sltm uf ~ 10.00 and oilier
puluuJ)/(J cotlsitll'ru/ions. rp("pipl UJ/lt'r('of is Ilf'rc.I,~. (1CktlOll,/(.,/ql"1. IlI'r(,/lY {fronts. hor!lotlls. 5~IlJ. alic.>Iu. reo
mises. r('lpusr!s. ("rHI(I('YS (l11l1 ('oH/inns Ulllu lilt' "rol1l('('. {Ill dHlI eNluIII 1011(1 sitllC1le in Palm Beach
CoulIly, Fioric/o. lliz'
LOTS 8 and 9 of SAM BROWN JR. '5 HYPOLUXO SUBDIVISION, to the Town
of Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat book
1 at Page 81, LESS the Right-of-Way for State Road 5 ( U.S. Highway
No.1) SEE ATTACHED FOR FURTHER LEGAL DESCRIPTION TO SUBMERGED LANDS.
SUBJECT TO: easements, reservations, restrictions and road-right-of
way of record, if any, and taxes for the year 198B and therafter.
Iogelher will. all II.. lenemenl.. heredllamellll alld appurlenancu Iherelo belonging or In any-
wise Clppl'rfaining.
Io Malle and to <<old, II.. .ame in fee simple forever.
Rnd II" grail lor h.,eby covenall/' with said grall/.. 11.01 fhe grall/or i. lawfully seized of .aiel 10",(
ill f.e simple; :hal Il,. grall!or I",. good righl and /owful out/lOrily 10 .ell and convey said lalltl; illaf ille
gran/or h.,e{,y fully worton I. Ihe fille 10 saiel lalld a"eI will defend Il,e 'ame aguiml Ihe lawful clal"" of
oil perJam wllOm.oev~r; and 11,01 ,aid land is free of all encumb,ance!, except laxe! accruing mb..queni
/0 December 31, 19 88
In lMitness ljfhereof, II.. 'Old gra"lor 1.0' S1\llle.J clCu:Ls_Id-tku-~ Ihe day and yeor
I".f above wrillen. /
S,glled ..aled anJ deliver resellce, ~-..:~
-=~'~~jdii)ft~Kir~hhL-)'h' h~'I::
ULiU~~L fjl."VJhLA\
Clara F. Kirsch \
STATE OF NEW.JERSEY
COUNTY Of MONMOUTH
1 HEREBY CER1'lfY that on thi. day. before me, an
orcic~r duly :\ulhNized in the StOlle: 41tor~said and in the County alor~said. to takt ac:knowledgmenu, perJOnaUy a.ppeared
IRVING B. KIRSCH AND CLARA F. KIRSCH, his wife
to mr known to be the person dcscrit.ed in and who rxerulrd the forq.'..~'H{ in"tru.r.~!...,'.t and they lcknow1edsed
bdorc me thitt theyxecu,tr.d the same,
\VITi'tE.SS my hand and oflicial sral in the County anoJ Stat.: '~l~ If,:,,r.:..id thi\
10th
day 01
November
A. D. 19 88
.N9~"nh~ ~:I~Lh~~'~"--""
~~J;} .l\'0T""i p:'::". '.'r IiCo" JenOLI
. \ ':..' . r ,)/I~ 28, 1989
My commission expires 6/28/89
ORB 5909 pg 1. U6U
PROJECT B
EXHIBIT B
PAGE 3 of 3
AND a Tract of s~erged land in Section 15, Township 45 South,
Range 43 East, Palm Beach County, Florida, more particularly.
described.as follows:
Beginning at a point in the South line of Lot 9, Sam Brown Jr.'s
Hypoluxo Subdivision, according to the plat thereof, on file in
the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, page Bl, at a
distance of 989.93 feet South 890 19' 00" East of the Southwest
corner of said Lot 9, said point being in the high water line.of
the West shore of Lake Worth; thence North 120 06' 34" East, along
said high water line a distance of 149.40 feet to a point in the
North line of said Lot 9; thence South 890 lB' 20" East, along said
North line projected Easterly, a distance of 217 feet, more or less
to a point in the City of Boynton Beach Bulkhead Line, as established
November 19, 1956, by Ordinance No. 289-1; thence South 40 42' 28"
West, along said City of Boynton Beach Bulkhead Line, a distance of
146.77 feet, to a point in the Easterly projection of the said South
line of Lot 9; thence North 890 19' 00" Mest, along the Easterly
projection of the said South line of Lot 9, a distance of 237 feet,
more or less, to the Point of Beginning.
RECORD VERIFIED
PALM BEACH COUN fY. FLA.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES
PURCHASE SCHEDULE FORM
14
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT C
CONTRACT PAYMENT REQUEST
Date
Grantee:
Project Name:
Submission #:
Reimbursement Period:
Item
~
Project Costs
This Submission
Cumulative
Project Costs
Consulting Services
(CS)
Contractual Services
(C)
Materials, Supplies, Direct Purchases
(M)
Equipment, Furniture
(E)
TOT AL PROJECT COSTS
Kev Leaend
rc.s..;.cons.u.jffn.g..ss.iVices....................................................................]
[C = Contractual Services [
j M = Materials, Supplies, Direct Purchases [
l..~....~..~.~.~.i.:..~~~~:..~~~~.~~.~~~..................................................................1
tification: I hereby certify that the above
,,^penses were incurred for the work identified as
being accomplished in the attached progress
reports.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Administrator
Date
Financial Officer
Date
%)
PBC USE ONLY
$
$
$
$
$
$
County Funding Participation
Total Project Costs To Date:
County Obligation To Date
County Retainage (
County Funds Previously Disbursed
County Funds Due this Billing
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls
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EXHIBIT D
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
15
i CERTIFICATE OF COVERAGE
Certificate Holder
ATTN DICK COHEN
PALM BEACH COUNTY BOARD OF COUNTY
::;OMMISSIONERS
RISK MANAGEMENT DEPARTMENT
160 AUSTRALIAN AVENUE
WEST PALM BEACH FL 33406
Administrator
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
Issue Date 10/11/06
COVERAGES
1 ~~~,~sO~OC~~RD~~~~~~TA:~E :o"NRTE::C;"~:~~~,~:;~~~~~~~~,~~ ~~;~~C~E;~G:~~~ ,":,~~~~~;,~~;~~ ~~:~~~~~:"~R~O: ~~~I~~~~~INN~:'Z~~;:g~N;F~~~~~g~~~~:NT
I AGREEMENT OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0055 \ COVERAGE PERIOD: FROM 1011/06 1 COVERAGE PERIOD: TO 10/1/071201 AM STANDARD TIME
TYPE OF COVERAGE _ LIABILITY TYPE OF COVERAGE - PROPERTY
General Liability
o Comprehensive General liability, Bodily InJUry, Property Damage and
Personal Injury
o Errors and Omissions Liability
o Supplemental Employment Practice
o Employee Benefits Program Administration Liability
o Medical Attendants'/Medical Directors' Malpractice Liability
o Broad Form Property Damage
o Law Enforcement Liability
o Underground, Explosion & Collapse Hazard
Limits of Liability
. Combined Single Limit
Deductible NIA
A'
1l2J
o
o
~
,i1e Liability
.. owned Autos (Private Passenger)
Ail owned Autos (Other than Private Passenger)
Hired Autos
Non-Owned Autos
Limits of Liability
. Combined Single Limit
Deductible N/A
o Buildings
o Basic Form
o SpeCial Form
o Personal Property
o Basic Form
o Special Form
o Agreed Amount
o Deductible N/A
o Coicsurance NIP.
o Blanket
o Specific
o Replacement Cost'
o Actual Cash Value
o Miscellaneous
o tnland Manne
o Electronic Data Processing
o Bond
o
Limits of Liability on File with Administrator
TYPE OF COVERAGE - WORKERS' COMPENSATION
o Statutory Workers' Compensation
o Employers Liability $1,000,000 Each Accident
$1,000.000 By Disease
$1,000,000 Aggregate By Disease
o Deductible N/A
o
\ Automobile/Equipment - Deductible
! 0 Pllysical Damage Per Schedule _ Comprehensive - Auto Per Schedule - Collision - Auto Per Schedule - Miscellaneous EqUipment
\ Other
The limit of liability is $2,000,000 (combined single limit) bodily injury and/or property damage each occurrence in excess of a self-Insured retention of $
$ 100,000. This limit is solely for any liability resulting from entry of a claims biil pursuant to Section 766.26 (5) Florida Statutes or liability imposed pursuant
to Federal Law or actions outside the State of Florida.
Description of Operations/LocationsNehiclesfSpecialltems
iRe: Events, activities, elections and functions authOrized by the certificate holder involVing the designated member while being held upon the
I premises of the Certificate Holder.
The certificate holder is hereby added as an addillonal insured, as respects the member's liability regarding the above described event.
-----------"-------- .-------..---..-.--- ---~_._-----~---~---
.,
THIS CERTIFICATE DOES ~JOl AMEND, EXTEND OR
THI~ CERTIFICA TE IS ISSUE.D AS A MATIER uF INfORMATION ONLY AND CONFERS NO RIGHTS UI-'ON THE CERTIFICATE HOLDER
I ALlER THE COVERAGE AFFORDED BY THE AGt"~EEMENT ABOVE
I DESIGNATED MEMBER
I
CITY OF BOYNTON BEACH
PO BOX 310
BOYNTON BEACH FL 33425
CANCElLA liONS
SHOULD ANY PART or THE ABOVE DESCRIBED AGREEMENT BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WllL ENDEAVOR TO MAIL 4S DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE. BUT FAilURE TO MAll
SUCH NOTICE SHALL IMPOSE NO OBUGA1ION OR LIABILITY OF ANY KIND UPON THE
PROGRAM, ITS AGENTS OR REPRESENTATIVES
\~~J)<~
AUTHORIZED REPRESENTATIVE
---"
FMIT-CERT (10/96)
fimSTATE
NATIONAL
,rau"'HGl~~
STATE NATIONAL INSURANCE CO.
CERTIFICATE OF INSURANCE
DATE ISSUED: 10/12/06
PRODUCER
Arthur J. Gallagher & Co
2255 Glades Road
Suite 400 E,
Boca Raton, Fl 33431
This cerllflc2te Is Issued as a matter of information only and confers no rights upon
Il1e certificate holder, This cerlificaoo Does NOT amend, extend or alter the coverage I
affordGd by Ihe policies below, ,
COMPANIES AFFORDING COVERAGE'.
INSURED
City of Boynton Baach. Fl
100 E, Boynton Beach Blvd.
8oynton Beach. FL 33435
COMPANY (A)
COMPANY (B)
STATE NAllONAL INS\)B6L'i...Q,~.etJ'.!L-____.___,_
COMPANY (C) ____.__"''"'_'''_''__________,____________
COMPANY (0)
COVERAGES
This Is to certify that the policies of Insurance HSIaO below have been Issued to Ihe insured namoo above for the policy period indicalod,
notwithstanding any requirement, term Of condition of any contr.lcA Of otller document with respect to which this certlOcate may be ",sued or mav
jl<!rtaln, the Insurance afforded by the policies described herein Is subjeol to alllhe lerms. exclusions and conditions of sucl1 policies limits show;',
may have been reduced by p"ld claims,
CO
I.TR
Gl;:NI!RAI. LlABll.ITY
A no COMMl:::R:CtAL GENERAL l!J\BltJ1Y
o CLAIM! MADE 00 oC.CtHt
o {,)WI'JER'S & COI(fRACTOR'S FRQT
r
1
---j
TYPE OF IN"8UFtANCE
POliCY NUMBER
POl."r(;y I;;FFECTlV!::
lJ.1\ TE tr..~bliODtYY
I '('lJ 1 11X>
I
~=+ ~--
POUcy (iXPll~ tlON
OA'f\: MM'~DIYY
m.'li(:7 OaNAAAL ACGR!:GA. Tt;
P~DUCTS.COMPJOP AG.G
EACHOCGURRENCE
FII~F.: DAMAGE (8~ 01lIJ lfe)
MEO. !:XPENSE teny Qrli!! r;:t""1l0"l)
t,rMITS
l.iDn 021'..6'9 '15
~1>_f&1Ql~
I
I
f
I ^
AurO!.lOBllE LIAS/lilY
o fl.-t~y AUTO
Q All O\vm:o AUTOS
o SCHEOUlto AUTQS
o HI~OAlJlOS
o NO~O\"INl:O "UfOS
o GARAGE UAP.:IUTY
"k!tA~~e
COMBINED SINGLE LIMIT
800ft Y INJURY ~ ~"""'I
OODlL Y INJURY i~ 100'......'.)
PROPERfv OMtI'cl3S
H!L__.__,
I
-1
EXCF..5S L~\BlltTY
A tJ UMBRELLA F01~M
l'Jo:1 OTf-lF.R TtrAN IJMfm.JflI,/J.. rOlltM
EACH OCCURRENCE
,.l,GGR!GA'tE
S5,OOB.lX'O
S1Q,OQO,fJO{)
ltOe 02e~ 1~
10!1/Q-S
,IJ,!01i'(l1
WORK;R~~~""ENSJ\1l0N MOO 02"'" 1S 1011<>' I
hE:=",--- I I I
XXXX - POLlC,' SUBJECT TO 81F.' As por Goneral Endorseroont SNS G!':N 01
-. ~. , _ ___ _n M _ M _ .
DESCRIPTION OF OPERA TIONSfLOCA TiONSNEHICLESfSPECIAL ITEMS - All operations usual to a City Government Including
Palm 8'lBCh County Board of County Commissioners. a political subd/Yl!;ion of the State of Florida, Its Officers, EmploYil6S and
Agents as additfonal insured as their Interes!s may appaar throughout !he policy penod for munic1pal actlVllIes In coofcl1nation andlor
I.. ,~:~~:~~:nr':~:~;~:. Ba~c:h, C;~llnty E3()ar<!_o!C;()lJ!'ty.c:()fTlmi.~i(Jf1.El!s:,!'" ..0the.r.term~.13fKi c_o,,~itk}ns .of policyr<3r11ai'.'.un.ch,,"~ed
I
I
I
I
I
10J0Hl;r
ST;\ TUTORY LIMITS
StJlutO('!
EACH ACCfDENT
f)jSeAS~,P()l,ICe lI~OT
Dt$f,^SE~EACH EMPlOYEE
I
L
Palm Beac~ CountyBoard of C~
l....>omtnlsSloners I
Risk Mgl DepL ,
160 AustraliaJi Dr, I
West Palm Beach, FL 33406 I
Attention: Dick Cohen
Aulhorl:zed signature:
J'"
~/
",/1,-
.".-./:~-~,- j.>~;;-';':;;"'_/., ',,: -L -or" ~ - "
Sandra M, DOllaghf
I Should any 01 the aboVe descrthed policies be ""ncelled har",e Ihe expiration
dSle t11ereof, the Issuing company will endeavor to meil e2 days wrtlten notice to
the mrtificaoo holder nal11<Jd to the len, but failure to mall such notice shall impose
I ~o obligation or liabi!ity of any kind upon the company, ils agents or
Lepreaenlauves.
Meadowbrook Insurance Group
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20,2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
~ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: A motion to approve the second Task Order for the RFP: "SCADA and Telemetry Goods
and Services" RFP# 037-2821-07/CJD in the amount of: $ 996,397.42.
EXPLANATION: At the Commission meeting of June 19, 2007, DcR Engineering, Inc. of Lakeland, Florida was
awarded a contract to provide Supervisory Control and Data Acquisition (SCADA) System and Telemetry System
services for the Utilities Department on a task order basis. This second task order is specifically for the replacement
of the existing water treatment plant control systems and replacement of the Supervisory Control Data Acquisition
(SCADA) system. The current equipment is no longer sold by the original manufacturer and support is becoming
extremely difficult and costly. The SCADA system is no longer available and has a difficult migration path to its
modern alternative which is itself scheduled for obsolescence. The project will replace the SCADA package with the
identical system, VTCSADA from Trihedral, currently in use in our remote telemetry systems. This will enable us ~
unify the current (4) separate systems in one, thereby reducing cost and complexity and increasing relia~ty.rlJi:i
addition to the modernization aspect the project is also intended to be the foundation for our future utilit~pe~
Information Technology needs such as Computerized Maintenance Management Systems (CMMS) and L~rator~
Information Management Systems (LIMS) which will be a part of the foundation of our Asset Managemen"fqysteri.,
needs. The first task order was approved at the August 7, 2007 Commission meeting for the modernizatiQii; of OO1e
"'17 '
remote telemetry systems. ~ ~ Z
-0 .:..,)-1
-"" 0
......... ,--. .....",..
PROGRAM IMP ACT: The purpose of this second task order is a phase of a multi year project and calltJ'or tJI{;;
installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control s~em~fT1
our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift ~ti01lS~
Subsequent phases will complete the replacement of the remote control systems at the lift stations and also replace tht?=
Water Treatment Plant control systems, merging everything into one single system. This phase of the project is
expected to take about one year.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: These funds have been budgeted in the CIP 2007-2008 Budget to be charged as follows:
ACCOUNT#
403-5000-590-96-02 WTR 132
EXPENDITURE:
$996,397.42
ALTERNATIVES: By not doing this task order, we would be providing substandard service to our customers.
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~
~
i(J~ City Attorney / Finance
/J~qi',"
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Michael Low- Deputy Utilities Director
Barb Conboy - Utilities Manager Admin & Finance
Karen Risely - Contract Coordinator
Pete Mazzella -- Deputy Utilities Director
File
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE CITY MANAGER TO EXECUTE
6 TASK ORDER NO. U07-04 IN THE AMOUNT OF
7 $996,397.42 WITH DCR ENGINEERING SERVICES,
8 INC., FOR THE REPLACEMENT OF THE EXISTING
9 WATER TREATMENT PLANT CONTROL SYSTEMS
10 AND REPLACEMENT OF THE SUPERVISORY
11 CONTROL DATA ACQUISTION (SCADA) SYSTEM;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, at the Commission meeting of June 19,2007, DcR Engineering, Inc.,
16 of Lakeland Florida was awarded a contract to provide Supervisory Control and Data
17 Acquisition (SCADA) system and Telemetry system services for the Utilities Department on
18 a task order basis; and
19 'VHEREAS, the purpose of this Task Order is specifically for the replacement of the
20 existing water treatment plant controls systems and replacement of the Supervisory Control
21 Data Acquisition (SCADA) system; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to authorize execution of Task Order U-07-04 in the amount of $996,397.42,
25 with DcR Engineering Services, Inc., for the replacement of the existing water treatment
26 plant controls systems and replacement of the Supervisory Control Data Acquisition
27 (SCADA) system.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreements\Task - Change Orders\DCR Task Order U-07-04.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager of Task Order
6 U-07-04 in the amount of $996,397.42, with DcR Engineering Services, Inc., for the
7 replacement of the existing water treatment plant controls systems and replacement of the
8 Supervisory Control Data Acquisition (SCADA) system, a copy of which is attached hereto
9 as exhibit "A".
10
Section 3.
This Resolution shall become effective immediately upon passage.
11
PASSED AND ADOPTED this _ day of October, 2007.
12 II
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 ATTEST:
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:ICAIRESOlAgreementslTask - Change OrderslDCR Task Order U-07-04.doc
City of Boynton Beach
Utilities Department
Utilities #07-112
TO:
RQbby;Jenkin$~.
.~~,~J~J~t FimtIlce Dir~.C!?~I''' .
4~...-
Kofi Boateng '. 0 - s.
Utilities Director .,
DATE:
16th July, 2007
FROM:
PHONE:
PROJECT:
RFP #037-2821-07/CJD SCADA and Telemetry Goods and Services:
Phase 2, Plant Control Systems and SCADA
SUBJECT:
Task Order # U-07 -04
Please find the attached task order U-07-004 for DcR Engineering Services, Inc based upon RFP # 037-2821-
07/CJD SCADA and Telemetry Goods and Services and ensuing contract approved under resolution R07-059.
This task order is specifically for the replacement of the existing water treatment plant control systems and
replacement of the Supervisory Control and Data Acquisition (SCADA) system. The current equipment is no
longer sold by the original manufacturer and support is becoming extremely difficult and costly. The SCADA
system is no longer available and has a difficult migration path to its modem alternative, which is itself scheduled
for obsolescence. The project will replace the SCADA package with the identical system, VTCSADA from
Trihedral, currently in use in our remote telemetry systems. This will enable us to unify the current 4 separate
systems into one, thereby reducing cost and complexity and increasing reliability. In addition to the modernization
aspect the project is also intended to be the foundation for our future utility specific Information Technology
needs such as Computerized Maintenance Management Systems (CMMS) and Laboratory Information
Management Systems (LIMS) which will be a part of the foundation of our Asset Management systems needs. As
such all the systems will be based around the open architecture philosophy. A separate task order has already been
approved for the modernization of our remote telemetry systems.
The attached documents include the Task Order, an exhibit showing the cost breakdown, the associated
pricing sheets from the RFP submission from DcR Engineering Services, Inc. and a copy of the contract with
them.
Funds are available in the CIP at Utilities Account No. 403-5000-590-96-02 WTR 132 $996,397.42
CC Jim Cherof, City Attorney
Peter Wallace, ITS Director
Pete Mazzella
Barb Conboy
Michael Low
Project File
TASK ORDER NO. U-07-04
CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
124 East Woolbright Road
Boynton Beach, Florida 33435
Title of Project: RFP #037-2821-07 JCJD SCADA and Telemetry Goods and Services:
Phase 2, Plant Control Systems and SCADA
A. SCOPE OF SERVICES:
Back~round
The City of Boynton Beach has two Water Treatment Plants with independent and separate SCADA
systems employing ten (10) Siemens Series TI 545 PLC's and Intellution Fix 32 SCADA systems. The plants
share the business Ethernet network on separate domains. Visibility between plants is limited.
Communication between the plants employs a gigabit leased fiber line partially installed above ground.
There are no network architecture drawings available and no hardware, programming, graphics or tag
naming standards. Control programming has been done on a limited basis internally but mainly through
a number of external companies. There are limited records of control programs and no rigid system of
managing or recording changes. There is no Process Data Historian other than limited trending of some
control variables. The PLC's are outof support and finding replacement hardware is expensive and
difficult. In addition, finding support to make program modifications is increasingly difficult due to the
age ofthe PLC's.
A thorough control system strategy should be developed to prepare the City to upgrade the control
systems in both Water Treatment Plants to current technology. Upgrading the two plants will provide
better control, more readily available hardware and software support, and create a system that is easily
scalable and capable for enhancements with additional features and functionality.
Proiect Goals
The primary goal of the Control System Upgrade project is to replace the existing Control Systems in both
the East and West Water Treatment plants with a new, fully supported Control System the City can use,
maintain and expand as desired now and into the future.
The secondary goal of the Control System Upgrade project is to install a Control System that will
communicate with the CMMS and L1MS systems within the City and participate in a totally integrated
Asset Management System.
This task will provide engineering, design, configuration, installation and training services required to
provide the City with remote monitoring and control of the City's Water Treatment. This task will include
all hardware, software, installation, startup and checkout for the deliverables itemized below.
Page 1 of 5
DEUVERABLES AND SERVICES INCLUDED:
Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project
deliverables and pricing. The scope of services has been broken down to allow easy evaluation of the
individual tasks required for this project. A budgetary value has been assigned to each task and subtask
to illustrate the approximate costs associated with each. The value of the task is the sum of each of its
subtasks. These budgetary values are engineering estimates prior to the detailed engineering and
intended for budgeting purposes.
1. Control System Upgrade Functional Study
1.1. Research, review and record the specifics of the existing Control Systems at each Water Treatment
Plant. This includes obtaining and reviewing available drawings, verifying PLC equipment and
locations, verifying control network architecture and researching the HMI stations.
1.2. Meet with plant and engineering personnel to determine the options for a running change-over to
the new control system. Meetings will concentrate on down-time and process surge capabilities,
system uptime requirements and options for manual control during the change-over.
1.3. Determine the Control System platform that best meets the needs ofthe City. Determination will be
made based on existing control requirements, future expandability needs, and additional
enhancements required by the City, local hardware and software support availability, and cost
concerns.
1.4. Provide a written path of migration from the existing control system to the new control system. The
path of migration will detail the estimated cost and schedule of the migration with major
component purchases and milestone events.
2. Control System Detailed Engineering
2.1. Network Architecture Design - Perform detailed engineering to design the network architecture
required to support the new control system. Engineering will include design drawings and bills
of material. Design drawings will indicate the network topology, routing, connections and node
assignments.
2.2. Control Panel Design - Perform detailed engineering to design the necessary control panel
modifications and/or additions required for the new control system. Engineering will include
design drawings and bills of material. Design drawings will include panel layouts, control power
wiring details, I/O module wiring details, I/O assignments, cable routing and connection details.
2.3. Sequence of Migration - Provide a written sequence of migration describing in detail the areas,
processors and I/O to be converted, in which order, and what will be required to maintain
operations during the transition as much as possible. The written sequence will also detail the
potential problems and any backup plans to address such problems, should they occur.
2.4. PLC and SCADA Existing Program Evaluation - Review the existing plant controls and control
programs. Evaluate the ability and value of importing and convert the existing PLC programs.
Review the SCADA applications to verify the requirements to implement the new system.
2.5. Detailed Written Estimate - Provide a detailed written estimate of remainder of the Task Order
costs based on the results of the Functional Study and Detailed Engineering.
3. Control System PLC and SCADA Programming
3.1. Control System PLC Programming
3.1.1. Based on the results of the detailed engineering, create the PLC programs for the new
control system either through import or rewrite.
3.1.2. Simulate the new Control System PLC programs for testing purposes.
3.1.3. Present the new Control System PLC programs to the City for pre-installation evaluation
Page2of5
and approval.
3.2. Control System SCADA Programming
3.2.1. Based on the results of the detailed engineering, create the SCADA graphics and logic for
the new control system. The SCADA graphics will be similar to the existing HMI system to
reduce operator training requirements.
3.2.2. Present the new Control System SCADA to the City for pre-installation evaluation and
approval.
3.2.3. Test the new Control System SCADA with the new Control System PLC programs.
4. Electrical Construction for the new Control System
4.1. PLC Control Panel Construction - Furnish PLC and panel materials, build and deliver the
necessary PLC Control Panels based on the results of the detailed engineering. The PLC Control
Panels will be built using good industry standards and after City design approval and will be
quality tested prior to delivery.
4.2. PLC Control Panel Installation -Install the PLC Control Panels based on the results of the
detailed engineering. The PLC Control Panels will be installed using good industry standards
and after City design and location approval. Demolition required to install the PLC Control
Panels will be performed with City approval.
4.3. Electrical Field Power Wiring -Install the power feeds and grounding to the new PLC Control
Panels based on the results of the detailed engineering. The power feeds and grounding for the
PLC Control Panels will be installed using good industry standards and after City design and
source approval.
4.4. Electrical Field I/O Terminations -Install the I/O wiring from the existing PLC Control Panels to
the new PLC Control Panels based on the results of the detailed engineering. The control
network will be installed using good industry standards and after City design approval.
4.5. Electrical Field Network Wiring -Install the control network for the new PLC Control Panels
based on the results of the deta iled engineering. The control network will be installed using
good industry standards and after City design approval.
5. Migration and Commissioning
5.1. Control System PLC Commissioning
5.1.1. Coordinate with City engineering, management and operations to schedule the
individual commissioning stages per the detailed engineering migration plan.
5.1.2. Perform onsite replacement of the PlC systems.
5.1.3. Validate the electrical wiring and configuration of the PlC systems including the 1/0 and
network connectivity.
5.1.4. Commission the new PlC systems by working with City engineering, management and
operations to test the new systems during production.
5.1.5. Validate the new PLC systems' functionality through a series of operational tests.
Document the results of this validation for City approval.
5.2. Control System SCADA Commissioning
5.2.1. Coordinate with City engineering, management and operations to schedule the
individual commissioning stages per the detailed engineering migration plan.
5.2.2. Install the new SCADA graphics onsite to prepare for the SCADA commissioning.
5.2.3. Commission the new SCADA graphics in tandem with the PLC commissioning. Work with
City engineering, management and operations to test the SCADA systems during
production.
5.2.4. Validate the new SCADA systems' functionality through a series of operational tests.
Page 3 of 5
5.2.5. Document the results of this validation for City approval.
6. Documentation
6.1. Control System PLC Documentation
6.1.1. Provide to the City in paper and electronic format the O&M Manuals for the PlC
components used in the PLC Control System.
6.1.2. Provide to the City in paper and electronic format the electrical design drawings for the
PlC Control System.
6.1.3. Provide to the City in paper and electronic format a functional description of the
operation of the operation of the plant. This will be the document used for PLC
programming.
6.1.4. Provide to the City in electronic format the PlC Programs for the PLC Control System.
6.2. Control System SCADA Documentation
6.2.1. Provide to the City in paper and electronic format the O&M Manuals for the SCADA
components used in the new Control System.
6.2.2. Provide to the City in paper and electronic format screen snapshots of the graphics,
scripts and configuration specifics of the SCADA system.
Proiect Requirements
· The City will provide a lead contact person for the duration of the project.
· The City will provide full access to all necessary information required by the consultant on a
timely basis.
· The contractor will appoint appropriate project management and hold regular progress meetings
with the City.
· All reports, drawings or other such material will be provided to the City in electronic format
using MS Office or Adobe Acrobat.
B. SCHEDUlL
The final schedule for DCR Engineering ServiCEs, Inc.'s services will extend from our authorization
date to 720 calendar days.
Page40f5
C. COMPENSATION TO THE ENGII\EER
For conducting the base services delineated in Section A, Task Order U-07-04 is amended to the
Agreement dated June 19, 2007; OCR shall receive the lump sum fee of $ 996,397.42. This fee
includes all labor and other direct costs for the scope of work specified in Section A of this Task
Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts
requested by the City, which are beyond the scope of work identified in Section A of this Task
Order, the compensation to OCR for this additional work will be negotiated separately from this
scope. Partial payments of the lump sum fees are to be paid to OCR on a monthly basis in
proportion to the percentage of work completed and materials received.
AMOUNT AUTHORIZED FOR
TASK ORDER NO. U-Ol-04
$
996,397.42
~~/
/ --_.~\. /
b~d l I'
SU mltte By: \I -I"
Todd B dbenner, P.E.
Presid, nt, OcR Engineering Services, Inc.
,IL----
CiTY OF BOYNTON BEACH, FLORIDA
Approved By:
Kurt Bressner
City Manager
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secreta ry
Page 5 of 5
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PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES
SECTION ONE PERSONNEL TITLE HOURLY RA TE/Classificc
1 1 Administrative Assistant $ 26.53 ClK
1 .2 CAD Operator $ 48.00 CAD
1 .3 Designer $ 94.75 PE
1 .4 Senior Designer $ 1 1 3.70 SRE
1 .5 Engineer $ 94.75 PE
1 .6 Senior Engineer $ 1 1 3.70 SRE
1 .7 Programmer $ 94.75 PGM
1 .8 Project Manager $ 94.75 PE
1 .9 Mechanic IPanel Shop Tech $ 63.1 8 PST
1 10 Electrician $ 56.85 ELI
1 1 1 Senior Electrician $ 69.50 IT
1 12 Telemetry Technician $ 69.50 TT
--
I 13 Senior Telemetry Technician $ 78.33 STT
tion
*Rates are based on no esculation throughout the term of the contract
SECTION TWO I TELEMETRY HARDWARE I PROPOSED COST SUMMARY
LIFT STATIONS TYPE NUMBER COST PER UNIT
2. 1 DUPLEX 1 54 $ 8,879.88
2.2 TRIPLEX 5 $ 1 0,495.62
2 3 QUADRUPLEX 1 $ 1 0,838 .95
=={=tfl;ttt=th;t(;;;;};j(=ft:t((}=(=t;;:ttIt:;=(j:=:(fIItttjII;==tit:t:II@tf(f=:=j=(;tt;ft=I)t,I::i::I:)tltf:ttt(;:ttl(t);ItI;tt=;;:I=jt==);;=t:ttt(;;,);:;
.:-:.:.:.:.:.;.:.:.;.:.:-:.:.:.:.:.:.;.;.:.:-:.:.:.:.;.:.:.:.:.:.:.:.:-:.:-:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:-:.:.:.:.:.;.:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:,:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:<:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.: ..
RAW WATER LOCATION NUMBER COST PER WELL
WELLS
2 .4 EAST 20 $ 7, 762. 1 6
WELL FIELD
2. 5 WEST 1 1 $ 7 762. 1 6
WELL FIELD ,
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE
28
PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES
Respondents will also indicate how their proposed system conforms to the overall needs of the
City including telemetry and connectivity to the proscribed SCADA system as well as any
associated cost. Details of any proposed warranty should be provided. Respondents may insert
this information in a format oftheir choice and attach it to the proposal section of this document.
Cost consists offurnishing all the tools, materials, equipment and supplies; the performance
of all labor, handling, services and incidentals, including applicable taxes.
Please refer to the detailed pricing information and costs in Section 2 for line item breakouts of
the above unit pricing. All Motorola hardware is based on net user price with a five percent (5%)
discount. All other materials are provided at cost plus nineteen percent markup. All labor is
based on the rate provided. A further breakdown of the line items including material costs, vendor
quotations, labor hours and labor classifications are available at the request of City of Boynton
Beach.
~ I
An additional 2% will be added to all purchase order amounts exceeding $75,000.00, if
performance and payment bonding is required by the City.
Attached is our warranty agreement which includes two years of materials, inclusive of lightning
damage, and a lifetime warranty of all software supplied by OCR Engineering Services, Inc.
THIS PAGE TO BE SUBMITTED ALONG WIlli PROPOSAL
IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE
29
;) ~7 0.;;::: u
,,0 - ~-' I
AGREEMENT
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred
to as "the City", and DCR Engineering Services, Inc., with a business address of P.O. Box 935,
Mulberry, Florida 33860, hereinafter referred to as "the Contractor", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform services in
connection with the project designated "SCADA AND TELEMETRY SYSTEM GOODS
AND SERVICES FOR THE CITY OF BOYNTON BEACH".
2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit 'A'
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
CITY's assigned project manager.
3. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to the execution of a written
amendment to this Agreement by both parties.
4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Contractor to proceed. Contractor shall perform all services
and provi-de all work product required to develop recommendations and timetable for
implementation.
5. PAYMENT. The Contractor shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on Exhibit 'A'
attached hereto.
b. The Contractor may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be checked by
the City, and upon approval thereof, payment will be made to the Contractor in the amount
approved.
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
CA- 4
e. The Contractor's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Contractor in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Contractor shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Contractor's endeavors.
7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its
.~ offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Contractor's own employees, or damage to
property occasioned by a negligent act, omission or failure ofthe Contractor.
9. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by th;~
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Contractor nor any employee of Contractor
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Contractor,
or any employee of Contractor.
11. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
CA-4
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Contractor.
b. In the event of the death of a member, partner or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Contractor and the City, if the City so chooses.
16. DISPUTES. A..LJ.Y dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Contractor shall be sent to the following address:
Name Todd Bredbenner, President
DCR Engineering Services
Street P.O. Box 935
City, State, Zip Mulberry, FL 33860
18. INTEGRATED AGREEMENT. This agreement, together with attachments, including, but
not limited to all bid documents prepared by the City and the Contractor, and addenda,
represents the entire and integrated agreement between the City and the Contractor and
CA-4
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Contractor.
DATED this ~ day of
.Ju..n e
,2007 .
CITY OF BOYNTON BEACH
~
City Manager
~----/-A-
-------\; t:J'lM 7-----~-
Contractor
Attest/ Authe
.~ 'd t
~res) .en
Title
(!r: Yn.
Ci Clerk
(Corporate Seal)
Approved as to Form:
\
Attest/Authenticated:
cL--
.----
CA-4
EXHIBIT 'A'
SCOPE OF SERVICES
The Scope of Services is the means by which the Goal is to be evaluated and addressed. This list
may not be all encompassing, and any additional specific means must be approved in advance. It
is expected that all coordination of activities will be conducted through the Department's
assigned liaison(s). Information and/or work documents, obtained through this Scope of
Services, shall be distributed only through the Department as deemed appropriate.
1. Upgrading and integration of the current (4) SCADA systems for the water treatment plants,
well fields and lift stations into a single system incorporating the chosen Trihedral
VTSCADA software. A Process Data Historian will be included with user definable data
search capability and connectivity to any potential future Asset Management System.
2. Installing new or retrofitting existing remote location telemetry and control systems utilizing
Motorola MOSCADTM PLC's or EQUIVALENT, and associated radio communication
equipment, base stations and connections to the plant SCADA system.
3. Retrofitting portions of conventional analog based or hard-wired control systems currently in
place to interface with the proscribed SCADA system. Modifications of all hardware,
software and ancillary devices involved in such retrofit activities will be the sole
responsibility of the respondent. The selected firm must demonstrate its familiarity with and
ability to perform such tasks.
4. Expanding the SCADA system to include monitoring and/or control of additional equipment,
including equipment or processes not currently automated by any existing SCADA system.
5. Installing new or retrofitting existing PLC's according to any prevalent standard, including
any hardware installation issues up to and including any measurement or control device, and
any associated programming.
6. Assist in troubleshooting any potentially faulty hardware, software, telemetry or associated
systems, and correcting any identified faults.
7. Assisting in, or undertaking, the design and installation of any Manufacturing Execution
System infrastructure including any hardware, software, control panels, wiring,
instrumentation and any other related or associated systems.
8. Assist in the preparation and ongoing maintenance of all appropriate standards including
those associated with Programming, System Security, HMI, hardware, software and
telemetry.
Exhibit' A'
ACORD* CERTIFICA TE OF LIABILITY INSURANCE OP 10 1~ DATE (MMlDDIYYYY)
DCRE001 03/06/07
PRODUCER THIS CERTIFICATE IS ISSlED AS A MATTER OF INFORMATION
Huckleberry, Sibley & Harvey, ONLY AND CONFERS NO RIGHlS UPON THE CERTIFICATE
Ins. & Bonds, Inc. CORPORATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1020 N Orlando Ave #200 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW
Maitland FL 32751
Phone: 407-647-1616 Fax:407-628-1635 INSURERS AFFORDING COVERAGE NAlC #
INSURED INSURER A: Valley Forae Insurance Co 20508
INSURER B: Continental Insurance Co. 35289
DCR Engineering Services, Inc. INSURER C: Transportat.ion Insurance Co 20494
PO Box 935 INSURER D:
Mulberry FL 33860 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NPMED ABOVE FOR THE POLICY PERIOD INDICATED. NCJ1"IMTHSTANDING
ANY REQUIREMENT. TERM OR CONDrrlON OF ANY CONTRACT OR OTHER DOCUMENTWTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFCRDED BV THE POLICIES DESCRIBED HERE'" IS SUBJECTTO ALL THE TERMS. EXCLUSIONS AND COODrrlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOVvN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRI TYPE OF INSURANCE POLICY NUMBER 'D'1..~IMMlDDIY DATE IMMlDDIYI'I UMllS
~NERAL UABIUTY EACH OCClRRENCE $1,000,000
A ~ COMMERCIAL GENERAL LIABILITY U1044207091 03/01/07 03/01/08 PREMISES lEa OCC1JRlnce) $50,000
I-- o CLAIMS MADE ~ OCCUR MED EXP (Anyone parson) $ 5,000
Contract Liab as GL EXTENSION ENDORSEMENT PERSONAL &ADV INJURY $1,000,000
>--
per policy form GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP N3G $2,000,000
h r;;t PRO- h - .... u _
POLICY i:~ i JECr LOC
AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $1,000,000
-
B ~ ANY AUTO U1044214963 03/01/07 03/01/08 (Ea accident)
- ALL OVvNED AUTOS BODILY INJURY
(Per person) $
SCHEDULEDAUTOS
-
~ HIRED AUTOS BODILY INJURY
(Per accident) $
~ NON-OVvNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACaDENT $
R ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
EXCESS/UMBRELlA UABILITY EACH OCCLRRENCE $ 10,000,000
C ~ OCCUR 0 CLAIMS MADE 01044207107 03/01/07 03/01/08 AGGREGATE $ 10,000,000
Follow $
8 DEDUCllBLE Form EL $
X RETENTION 510,000 $
X ITORy LIMITS I IUE~- .......---
WORKERS COMPEMiATlON AND
A EMPLOYERS' UABILlTY WC249341678 01/01/07 01/01/08 E.L. EACH ACCDENT $ 500,000
!>J.lY PROPRIETORlPARTNERIEXECUTIVE
OFFICERlMEMBER EXCLUDED? BLANJCET lOl..J:VER OF SOBRO E.L. DISEASE - EAEMPLOYEE $ 500,000
mMtS~Jm~~s below E.L. DISEASE. POLICY LIMIT $500,000
OTHER
A Leased/Rented Eqp. U1044207091 03/01/07 03/01/08 Per Item $250,000
A Installation Fltr U1044207091 03/01/07 03/01/08 Per Job $250,000
DESCRlPll0N OF OPERATIONS I LOCATIONS I VEHICLES I EXClUSIONS ADDED BY ENDORSEMENr / SPECIAL PROVISIOOS
Leased/Rented Equipment: Special Form/ACV/$10,OOO Deductible Applies.
Certificate holder is included as additional insured with respects to
General Liability.
City of Boynton Beach
P.O.Box 310
Boynton Beach FL 33425-0310
CANCELLATION
C I TYBOY SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATlON
DATE THEREOF,.THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGAllON OR LlABlLllY OF ANY KlND UPON THE INSURER, 115 AGENlS OR
REPRESENTATIVES.
B. (L r~~
CERTIFICATE HOLDER
ACORD 25 (2001108)
@ACORD CORPORATION 1988
ACORD".
CERTIFICATE OF LIABILITY INSURANCE
OP 10 DATE (MM/DD/YYYYl
DCRE002 03 07 07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Huckleberry, Sibley & Harvey,
T~S. & Bonds, Inc. CORPORATE
20 N Orlando Ave #200
tland FL 32751
....one: 407-647-1616 Fax: 407-628-1635
INSURED
DCR Engineering Services, Inc.
PO Box 935
Mulberry FL 33860
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSURERS AFFORDING COVERAGE
INSURER A: Hous ton Casual t
INSURER B:
!INSURER C:
. INSURER D:
INSURER E:
NAIC#
42374
lYPE OF INSURANCE
GENERAL LIABILllY
COMMERCIAL GENERAL LlABILl1Y
CLAIMS MADE D OCCUR
POLICY NUMBER
LIMITS
EACH OCCURRENCE $
$
$
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT I $
(Ee accidant)
ANY AUTO I
I-- .-.
ALL OWNED AUTOS
f-- BODiLY INJURY is
SCHEDULED AUTOS (Par person) i
I-- I
HIRED AUTOS BODILY INJURY I
f-- i $
NON-OWNED AUTOS (Per eccident)
W ,
I
I i PROPERlY DAMAGE S
i (Per accident)
-
GARAGE UABILllY AUTO ONLY - EA ACCIDENT S
~ ANY AUTO i OTHER THAN EA ACC $
I AUTO ONLY:
AGG $
EXCESS/UMBRELLA LIABILllY i EACH OCCURRENCE i$
:=J OCCUR D CLAIMS MADE I I
i AGGREGATE '$
i
i '$
=4. DEDUCTIBl.E I i ~
I i $ --
RETENTION $ I I
WORKERS COMPENSAll0N AND I TORY LIMITS I IOJ~-
EMPLOYERS' UABILllY I I E.!.. EACH ACCIDENT 1$
ANY PROPRIETOR/PARTNER/EXECUTIVE I
OFFICERlMEMBER EXCLUDED? I I ! E.!.. DISEASE - EA EMPLOYEE $
I ,
If ~es, describe under , I
S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
A Prof Liability i HC055043802 08/12/06 08/12/07 Ea Claim $2,000,000
Claims Made Form RETRO DATE 7-12-00 , Dedt. $75.000
DESCRIPll0N OF OPERA 110NS / LOCA 110NS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
For Information Only
CANCELLA nON
INFONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAll0
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ==- DAYS WRITTEN
NOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT.,BUT FAILURE TO DO \Ll
, .
IMPOSE NO OBLlGAll0N OR L1ABILllY OF ANY KIND UPON THE INSURER, ITS AGEN. .(
REPRESENTA TlVES.
';":2 0 . ~\l. t'
D. -a 7 ~ c.-I1
CERTIFICATE HOLDER
ACORD 25 (2001/08)
@ACORDCORPORATION 198
VI.-CONSENT AGENDA
ITEM C.S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21,2007 August 6, 2007 (Noon.) D October 16,2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20,2007 November 5, 2007 (Noon)
[gJ October 2, 2007 September 17, 2007 (Noon) December 4, 2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrati ve D New Business
AGENDA ITEM [gJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Motion to approve and authorize the execution ofa Resolution for an agreement with Counseling
Services Institute, Inc. for an estimated annual expenditure of $1 0,080.00
EXPLANATION: On August 29,2007, Human Resources went out to quote for an Employee Assistance Program for
the City of Boynton Beach employees. The current agreement with Life Enrichment, The Center for Family Services of Palm
Beach County, Inc. expires as of September 30, 2007.
Counseling Services, Institute, Inc was selected based on their scope of services and their competitive bid. They offer
confidential, professional EAP Services from their central location in Boca Raton, Florida, and have a national and
international affiliate network that is both credentialed and reliable for immediate service. They offer assessment, diagnosis
and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal
problems to become personnel problems. The services include, but are not limited to legal, financial, mental health,
addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic
problems for children, HIV and AIDS education, support groups and psychiatric disorders, sexual harassment prevention
education, critical debriefing and workplace violence intervention and prevention. They also coordinate benefits with the
City's insurance provider Blue CrosslBlue Shield of Florida.
A further purpose ofretaining an EAP for City employees is to keep the City of Boynton Beach compliant with regulations
covering policies pertaining to the drug-free workplace. The EAP program also keeps the City compliant with Worker's
Compensation regulations, which require yearly education on substance abuse to be presented in the workplace. Supervisory
and management training will also be provided on an on-going basis. A further service of Counseling Services Institute is an
on-going Education, Awareness and Prevention program to help insure prevention and/or timely interventions thereby
reducing liability for the City.
PROGRAM IMP ACT: The purpose of this quote was to retain a consulting firm for the EAP program for the City of
Boynton Beach employees.
FISCAL IMPACT: The estimated expenditure will be approximately $10,080 depending on the City's headcount. The
cost for each employee is $ I 2.00 per year. This amount is covered in the Human Resources budget under Employee
Assistance Program line item (Account # 001-1610-513-34-30), where $26,000 was initially budgeted. The plan is to use the
savings to begin Diversity Training for City employees.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Not enter into a contract with an EAP provider and not be compliant with Worker's Compensation
regulations and the Drug Free workplace requirements; Renew the agreement with Life Enrichment, The Center for Family
Services of Palm Beach County, Inc. for $20,160.00 annually for the same services; Enter into an agreement with one (l) of
the other three (3) vendors who submitted quotes and pay between $20,865 and $17,640 annually for the same services.
~
Assistant to City Manager ~
City Manager's Signature
Human Resources Department
Department Name
-~_.
City Attorney / Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
IT
I.
Ii
I
1
2 RESOLUTION NO. R07-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING EXECUTION OF AN AGREEMENT
8 WITH COUNSELING SERVICES INSTITUTE, INC.,
9 FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH
10 AN ESTIMATED ANNUAL EXPENDITURE OF
11 $10,080.00; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, on August 29,2007, the Human Resources Department requested quotes
15 for an Employee Assistance Program for the City of Boynton Beach employees; and
16 WHEREAS, five companies responded to the request for quotes with Counseling
17 Services Institute, Inc., being selected based on their scope of services and their competitive
181 bid; and
19 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
20 interest of the City to enter into the Employee Assistance Progran1 Agreement with
21 Counseling Services Institute, Inc for a period of one (I) year.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
24
25 incorporated herein by this reference.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
27 approves and authorizes the City Manager and City Clerk to execute the Employee Assistance
28 Program Agreement between the City of Boynton Beach and Counseling Services Institute,
29 Inc., for an Employee Assistance Program for the period of one (1) year and an estimated
S:\CA \RESO\Agreements\Counseling Services Institute (EAP).doc
expenditure of$10,080.00, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
2
3 PASSED AND ADOPTED this _ day of October, 2007.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12
13 Vice Mayor - Jose Rodliguez
14
15
16
17 Commissioner - Ronald Weiland
18
1911
20
21 Commissioner - Mack McCray
22
23
24
25 Commissioner - Carl McKoy
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
35
36
S :\CA:RESO:Agreements\Counseling Services Institute (EAP).doc
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred to
as the '"City", and COUNSELING SERVICES INSTITUTE, hereinafter referred to as '"CSI", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. CSI is retained by the City to provide confidential,
professional Employee Assistance Services to the employees of the City of Boynton Beach and their
dependants.
2. SCOPE OF SERVICES. CSI agrees to perform the services, identified on Exhibit "A",
which is attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies.
3. TERM. This Agreement shall be for a period of one (1) year commencing on the date the
Agreement is executed by the City.
4. PAYMENT. CSI shall be an estimated annual amount of $1 0,080.00, or a cost of $12.00 per
year for each ofthe City's employees for services rendered under this agreement as follows:
a. CSI will submit invoices to the City on a quarterly basis during the term of the
agreement. Such invoices will be checked by the City, and upon approval thereof, payment will be
made to CSI in the amount approved.
5. COMPLIANCE WITH LAWS. CSI shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
6. iNDEMNIFICATION. CSI shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to person, the employees, or damage
to property occasioned by a negligent act, error or omission of CSI, as further discussed in Exhibit
"A."
7. INDEPENDENT CONTRACTOR. CSI and the City agree that CSI is an independent
contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither CSI nor its employees shall be entitled to any benefits accorded City
employees by virtue of the services provided under this agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to CSI, or any employee of CSI.
8. COVENANT AGAINST CONTINGENT FEES. CSI warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for CSI, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for CSI, any fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall be the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
9. DISCRIMINATION PROHIBITED. CSI, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
10. ASSIGNMENT. CSI shall not sublet or assign any of the servIces covered by this
agreement without the express written consent of the City.
11. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
12. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving thirty
(30) days written notice to CSI. CSI shall be paid for work completed up to the date of termination.
13. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be construed
under Florida Law.
14. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this agreement, workers compensation, and comprehensive general liability insurance with a
minimum coverage of $1,000,000 per occurrence and professional liability insurance in the amount
of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City prior to execution of this agreement.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
To City:
Kurt Bressner, City Manager
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
To CSI:
Donna Hearn, LMHC, CAP, Director
COUNSELING SERVICES INSTITUTE
7601 Federal Hwy., Suite l65-B
Boca Raton, FL 33487
16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the occurrence of any event rendering any portion or provision of this agreement void,
shall in no way affect the validity or enforceability of any other portion or provision of the
agreement. Any void provision shall be deemed severed from the agreement and the balance of the
agreement shall be construed and enforced as if the agreement did not contain the particular portion
or provision held to be void. The parties further agree to reform the agreement to replace any
Page 2 of3
stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provIsion.
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and CSI and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both the City and CSI.
DATED this
day of
2007.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:
By:
City Clerk
City Manager
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
COUNSELING SERVICES INSTITUTE
By:
Print Name:
Printed Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
has produced
, he/she is personally known to me or
(type of identification) as identification.
2007, by
Notary Public - State of Florida
S:\CA\AGMTS\Consultants\Counseling Services Institute.doc
Page 3 of3
Submitted by:
Service Areas:
Mailing Address:
Phone:
Fax:
Services:
Fee For Service:
Time Period:
Licenses:
Certifications:
Liability Ins:
Memberships:
EMPLOYEE ASSISTANCE PROGRAM PROPOSAL
FOR
THE CITY OF BOYNTON BEACH
Counseling Services Institute
Donna Hearn, LMHC, CAP, SAP, Director
Local and Statewide
National Referral Network
International Referral Network - Rome; Paris; Switzerland
7601 Federal Hwy., Suite l65-B, Boca Raton, FL 33487
561-995-9500
800-492-0253
561-995-9510
Confidential, professional Employment Assistant Program services
for the City of Boynton Beach employees and their dependents.
$12.00 per employee per year
One year from date of contract
Mental Health Counselor License
Certifying Board Addiction Professionals
(CBAPF) #369
SAP - Substance Abuse Professional - Dept. Of Transportation
Western World; Scottsdale lnsurance Compo
Greater Boca Raton Chamber of Commerce
National Assoc. of Alcohol and Drug Abuse Counselors
Children's Cancer Caring Network
National Addiction and Psychiatric Services for Children
Y A TC - Youth Automotive Training Center
Florida Alcohol and Drug Abuse Foundation
-1-
SCOPE OF WORK
The following proposal will offer confidential, professional Employee Assistance
Services ("EAP") to the employees and their dependents of the City of Boynton Beach.
The Counseling Services Institute in Boca Raton, Florida will coordinate all activities of
the EAP through its director, Donna Hearn, in the central location in Boca Raton, and has
a national and international affiliate network that is both credentialed and reliable for
immediate service. The purpose of the EAP is to offer assessment, diagnosis and
treatment or referral services to employees and their dependents for a variety of
incidences that can cause personal problems to become personnel problems. The services
include, but are not limited to legal, financial, mental health, addiction, stress
management, eating/gambling disorders, career consultations, marriage and family
counseling, scholastic problems for children, HIV and AIDS education, support groups
and psychiatric disorders, sexual harassment prevention education, critical debriefing and
workplace violence intervention and prevention. A further purpose is to keep the City of
Boynton Beach compliant with regulations covering policies pertaining to drug-free
workplace. An EAP also keeps the City of Boynton Beach compliant with Worker's
Compo regulations, which require yearly education on substance abuse to be presented in
the workplace. Supervisory and management training will also be provided on an on-
going basis.
A further service of CSI's EAP is on-gomg Education, Awareness and Prevention
program to help insure prevention and/or timely interventions thereby reducing liability.
-2-
EMPLOYEE ASSISTANCE PROGRAM OVERVIEW
I. Schedule of Services Provided in base EAP:
A: For employees
* 5 - individual sessions per employee for evaluation and referral
* 1 - individual session for family members
* All - alcohol or drug evaluations
* 6 - one hour Stress Management Program
* Drug-Free Workplace education for all employees presented quarterly
* Certificates of Participation for all employees receiving Drug-Free Workplace
education
* Confidential, personal take-home assessments for indication of alcohol or other
drug problems.
B: For the employer
* Consultation on the design and implementation of necessary policies and
procedures
* Training for supervisors and managers
* Recognition and documentation of performance problems
* How to utilize the EAP
* In-House promotion of the EAP
* Confidential statistical utilization review
* Annual EAP evaluation
')
- -)-
The following services will be included in the proposal:
For the employees and their dependents:
* 5 office visits per employee
* 1 office visit for dependents
* all alcohol and drug evaluations at no charge
* 6 - one hour stress management sessions per year
* access to monthly educational programs
* referral services to most quality-oriented/cost-effective outside programs when
necessary
* S.A.S.S.I. evaluations for alcohol/drug abuse DUI referrals
* monitoring of all treatment modalities for one year
* 800-number to contact main Boca Raton office
* reduced fees for psychiatric and substance abuse programs and drug tests
Counseling Services Institute shall perform for the City of Boynton Beach employees and
their eligible family members the following services:
· Marital counseling
· Divorce adjustment counseling
· lob-related counseling
· Parent/child counseling
· Substance abuse assessment and counseling or referral
· Senior services
· Counseling or referral related to physical or developmental disabilities
· Mental Health assessment and counseling
· Unlimited Legal! Financial Consultations provided by EAP
· Elder care resource and referral per contract year
IT IS IMPORTANT TO NOTE THAT NO ONE WILL BE DENIED SERVICES
BECAUSE OF INABILITY TO PAY OR LACK OF INSURANCE. THIS IS THE
PHILOSOPHY OF CSI. ALL EMPLOYEES, DEPENDENTS ARE GIVEN THIS
NOTICE IN WRITING.
-4-
The following services will be offered directly to the City of Boynton Beach:
. Technical assistance in the development ofEAP policies & procedures.
. Case management (coordination of community resources, follow-up and
case advocacy)
. Referral to specialized services not offered by EAP, but required by an
employee/eligible family member
. Telephone consultation with EAP staff as necessary
. On-site consultation by EAP staff in those cases where EAP & the City
of Boynton Beach deem it necessary
. Priority for EAP appointments
. Benefit Talks / Fairs as needed
. New Employee Orientation
. Drug Free Workplace Training
. U.S. Department of Transportation (DOT) Compliance Training
* Program Promotion
* Confidential, quarterly evaluation on program utilization
* Supervisory and Management Training on:
+ Ongoing Orientation for New Employees
+ Documentation of Performance Problems
+ Recognition of Substance Abuse in the Workplace
+ Violence Prevention/Intervention
+ Legal Liability of Supervisor
+ Do's and Don'ts of Confronting Employees
+ Sexual Harassment Recognition Issues
+ 6-Hour Stress Management For Supervisors
+ Critical Debriefing
-5-
PROGRAM DEVELOPMENT AND IMPLEMENT A TION FOR THE CITY OF
BOYNTON BEACH
CSI agrees to offer the following services to the City of Boynton Beach to help establish
an EAP:
Develop policy and policy statements as well as procedures aimed at personalizing a
workplace safety philosophy about the use of an EAP in the workplace.
Meet with human resource professionals to help them develop policy statement and
encourage support from the top.
Promote kickoff of Employee Assistance Program to individuals utilizing the City of
Boynton Beach human resource staff.
Attend safety meetings, educational programs, or monthly meetings of employees to be
available for questions and interventions.
Provide the company with a flyer or use their existing form of communication to promote
the program.
Provide on-going education to employees, fan1ilies about health and well-being in the
workplace.
Aid the City of Boynton Beach in keeping compliant as required by the Federal Worker's
Compensation policy of safety sensitive positions.
Provide a network of resources to maintain an evaluation of the EAP system on an annual
basis with quarterly reports reflecting the demographics and utilization review rates.
INDIVIDUALS:
"Member" as discussed in this section refers to the City's employee and/or his or her
dependents.
All service providers are licensed or certified in their specialty fields and will agree to see
the member to do initial evaluation with 24 to 72 hours of call as indicated by severity of
problem. Members will be contacted by a provider for the purpose of scheduling the
initial appointment.
Upon initial intake and prior to meeting with the service provider, the member will
complete a demographic information packet at our office, including providing medical
health insurance information where applicable.
-6-
Each member will receive lone-hour assessment session per referral whether it a self-
referral or supervisory. All referrals will be afforded the utmost in confidentiality as
deemed necessary by Federal Regulations and State law and as stated in our philosophy.
Assessment and referral services will also be available to family members.
Counseling Services Institute agrees to provide all members with the opportunity for
educational events throughout the year, at no fee. Counseling Services Institute will
provide mailings to announce the event, time and location on a continuous schedule.
The stress management program includes 6 one-hour sessions on-site, family members
invited, with emphasis on biofeedback and relaxation techniques.
SUPERVISORY AND MANAGEMENT TRAINING
CSI agrees to provide supervisory and managerial staff with the following:
Policy and procedure implementation workshops.
Training workshops which include documentation necessities; the legalities of policy
enforcement; confrontation of employees on work related performance only; do's and
don'ts of documentation and confrontation; how to initiate and EAP referral: follow-up
and evaluation.
Separate sessions for supervisors and managers include orientation; signs and symptoms
of performance problems; recognizing the need for a medical, legal or financial referral;
and how to facilitate the manager's role with the EAP liaison.
Supervisors will be educated about referrals to agencies, the supervisor's role in the
referral and treatment process, and what to accept when the employee returns to the work
force. The EAP provider will submit follow-up documentation for one year following
treatment on a monthly basis as agreed upon with treatment providers.
CSI will offer orientation and training programs quarterly. We believe the success of the
program lies in education. Training will be provided on site for 5 or more employees.
All training sessions will be geared toward the convenience of the employer with a
minimum of 1 hour per quarter.
PROGRAM PROMOTION
CSI agrees to promote the program to all employees through pamphlets designed to
explain the EAP and CSI.
CSI agrees to attend weekly orientation meetings for all new employees and to answer
any questions not of a confidential nature.
-7-
Periodic one-page flyers will be distributed to the human resource department for
disbursement to employees on a variety of topics that may interest them. The topics will
be presented on or off premises in either a lecture of film format and will deal with issues
that are timely and topical. These issues will help to enhance the education of employees
and thus prevention measures.
CSI will insert prevention articles in paychecks, newsletters, memos or whatever device
human resource now uses to promote activities. CSI will incur all expenses for mailing,
insertions publications, etc.
A booklet for supervisors will be used to help better utilization ofthe program.
PROGRAM EVALUATION
Quarterly reports will be submitted to the company which will disclose utilization rates,
demographic information, types of problems identified, referral rates, which departments
refer (when requested), and whether or not the referral was a supervisory or self-referral.
All employees, and family members will have the opportunity to fill out quality assurance
evaluations and report his or her experience with the EAP directly and confidentially to
the company as per their request.
You will receive similar information upon request as anonymous reporting for
confidentially reasons. Also, a quality assurance evaluation will be sent to your company
by employees who agree to fill out the evaluation.
FINAL EV ALUA TION
CSI agrees to conduct a summarized final evaluation of the program based on participant
evaluations, supervisory evaluations and oral reporting of clients.
This report will contain strengths and weaknesses of the program, suggestions for future
programs, utilization review records, candid, confidential and anonymous employee
reactions, supervisory feedback and administrative points of interest.
This report will also identify any documentable financial savings that can be attribute to
the EAP.
-8-
TIMETABLE
CSI agrees to conduct an informational orientation campaign for existing employees from
FY07108 through September, 30, 2008. A brochure will be provided for family members.
Training sessions for supervisory staff will begin FY 07/08 and continue through
September 30, 2008. This education should be presented prior to general employee
orientation so that supervisors will have adequate knowledge of program when asked
questions, etc. It is preferable to have all supervisors knowledgeable about the program
as early as possible.
All orientation, both for employees and supervisors will continue both weekly and
monthly from FY07/08 through September 30,2008. lt is important that this is ongoing
and current. CSI will try to accommodate the schedule of all employees on all shifts
when possible.
Topics are presented monthly either in-house or out-house and the City of Boynton
Beach employees will be invited to those workshops, lectures, films, etc.
Quarterly reports will be presented during the first 15 days of the month following the
end of the quarter.
Final summary information will be gathered all year and presented in person 30 days
prior to close of contract.
FEES
CSI will ask for $12.00 per employee per year for all services covered in this proposal.
CSI will not assume any costs for referral to outside sources but will try to find the most
quality-oriented, cost-effective referral when necessary. Because CSI contracts with a
variety of professionals, it is often not necessary to go outside of our network. CSl
agrees to negotiate fees for admissions to substance abuse treatment programs.
psychiatric institutions and outside referral sources when possible.
It is the belief that employees under duress may not be able to negotiate these services
and should be represented by professionals. CSI will not assume any financial
responsibility for such services and will have employees read and sign an "Explanation of
Fees" form.
Payment of fees to CSI from the City of Boynton Beach should be paid on a quarterly
basis by the 15th of the month following the quarter unless otherwise requested.
-9-
ASSISTANCE FROM THE CITY OF BOYNTON BEACH
CSI requests that the City of Boynton Beach petition their health insurance carrier to
admit providers of services most recommended by the CSI to their provider lists, thus
making utilization of those services more available to employees. This will also save the
City of Boynton Beach insurance dollars and can help further stretch employee benefits.
CSI requests that rooms and audio-visual equipment be provided to help host the
educational programs and orientations. Whenever possible, attendance by a particular
supervisor or an introduction of the EAP liaison in the beginning of the session would
enhance the educational sessions. Support from the top always helps.
CSl requests that supervisors refrain from "hall talk" about personnel problems that have
been sent to the EAP. CSI reminds all involved that confidentiality is of the utmost
importance. CSI requests that the supervisor call the EAP provider directly to ask
questions rather than transact through an employee. This would be detailed more closely
in supervisory training.
Education, awareness and prevention make a great EAP. The more you use our services,
the more the City of Boynton Beach and employees benefit. To show a savings in
insurance benefits, employee acuity, etc., interaction with the EAP is a must. Thousands
of dollars in health benefits can be saved monthly with proper diagnosis, referral and
treatment by an EAP. By utilizing an EAP, hundreds of employees and families who
previously had little or no recourse to help can have better lives.
INDEMNIFICA nON/HOLD HARMLESS AGREEMENT
Counseling Services Institute agrees, in addition to any other obligation, to indemnify the
City of Boynton Beach and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City of Boynton Beach, their agents, elected officials
and employees from and against all claims, actions, liabilities, losses (including economic
losses), costs arising out of any injury or alleged A) bodily injury, sickness, disease or
death or injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting of claims to have
resulted in whole or in part from any actual or alleged act or omission of COUNSELING
SERVICES INSTITUTE, any subcontractor, anyone directly of indirectly employed by
any of entities to whom CSI may refer, of anyone for whose acts any affiliate may be
liable in the performance of the EAP; of B) violation of law, statute, ordinance,
governmental administration order, rule, regulation of the EAP; or C) liens, claims or
actions made by COUNSELING SERVICES INSTITUTE or any affiliate or other party
performing the EAP services.
The indemnification obligations hereunder shall not be limited by limitation on the
amount, type of damages, compensation or benefits payable by or for COUNSELING
SERVICES INSTITUTE or an affiliate under Worker's Compensation acts, disability
benefit acts, other employee benefits acts or any statutory bar.
-10-
COUNSELING SERVICES INSTITUTE further agrees to incur all expenses, including
attorney's fees, incurred by the City of Boynton Beach to enforce this agreement.
If agreement is acceptable, signature of this form will act as a binding agreement and
subsequent contract will be submitted on request.
Donna Hearn, LMHC, CAP, Director
Counseling Services Institute
City of Boynton Beach
-11-
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VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D
D September 4, 2007 August 20, 2007 (Noon) 0
D September 18, 2007 September 3, 2007 (Noon) 0
[gJ October 2, 2007 September 17,2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16,2007 October 1,2007 (Noon
November 7,2007 October 15, 2007 (Noon)
NATURE OF
AGENDA ITEM
D
D
[gJ
D
D
Announcements/Presentations D
Administrative D
Consent Agenda D
Code Compliance & Legal Settlements D
Public Hearing D
City Manager's Report
New Business
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November 19, 2007 (N~)
N
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November 20, 2007
Legal
Unfinished Business
CX)
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RECOMMENDATION: Amend Resolution No. R06-085 deleting William Mummert, Director of Financial Services
and Mary Munro, Assistant to the Director of Finance, and adding Lori Laverriere, Interim Director of Financial
Services for the City of Boynton Beach to the list of designated individuals authorized as signatories for all City
accounts at the Bank of America
EXPLANATION: Bank of America requires a Resolution approved by the City Commission listing authorized signers
on the City's bank accounts. Due to the resignation of William Mummert and retirement of Mary Munro, and
appointment of Lori Laverriere, the signature resolution needs to be amended. The current authorized signers are
Jerry Taylor, Mayor; William Mummert, Director of Financial Services, Mary Munro, Assistant to the Director of
Finance Services and Bobby Jenkins, Jr., Assistant Director of Finance Services.
PROGRAM IMPACT: NONE
FISCAL IMPACT: NONE
ALTERNATIVES: NONE
Department Head's Signature
Assistant to City Manager
Department Name
City Attorney / Finance
S\BULLETlNlFORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 THE SIGNATURE RESOLUTION FOR CITY
6 ACCOUNTS AT BANK OF AMERICA; AUTHORIZING
7 THE EXECUTION OF A REVISED SIGNATURE
8 RESOLUTION; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach approved Resolution
12 No. R06-085, designating specified individuals as authorized signatories on City accounts at
13 Bank of America; and
14 WHEREAS, due to retirements and changes in personnel, it is necessary to remove
15 William Mummert, Director of Financial Services, remove Mary Munro, Assistant to the
16 Director of Financial Services, and add Lori Laverriere, Interim Director of Financial Services
17 II as authorized signatories on City accounts at Bank of America; and
18 I WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to
I
19 be in the best interests of the citizens and residents of the City of Boynton Beach, to amend
20 Resolution No. R06-085 to remove William Mummert and Mary Munro and to add Lori
21 Laverriere to the list of designated individuals authorized as signatories for all City accounts
22 at Bank of America;
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
26 being true and correct and are hereby made a specific part of this Resolu60n upon adoption
27 hereof.
28
Section 2.
Resolution No. R06-085, IS hereby amended to provide that the
S:\CA\RESO\Agreements\Authorizing Signatures Bank Amercia 092507.doc
following individuals are designated as authorized signatories on City accounts at Bank of
2 America:
3
4
5
6
7
Mayor Jerry Taylor
Lori Laverriere, Interim Director of Financial Services
Bobby Jenkins, Jr., Assistant Director of Financial Services
Section 3. The City Commission of the City of Boynton Beach, Florida does
8
hereby authorize execution of any documents from Bank of America necessary to amend the
9
list of authorized signatories on City accounts.
10
11
12
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2007.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 ATTEST:
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (Corporate Seal)
38
39
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Authorizing Signatures Bank Amercia 092507.doc
VI.-CONSENT AGENDA
ITEM D.
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
D August 21, 2007 August 6,2007 (Noon.) D
D September 4, 2007 August 20, 2007 (Noon) D
D September 18, 2007 September 3, 2007 (Noon) D
[gJ October 2, 2007 September 17, 2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Tumed
in to City Clerk's Office
October 16, 2007
October 1,2007 (Noon
November 7, 2007
October 15,2007 (Noon)
November 20, 2007
November 5,2007 (Noon)
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November 19, 2007 (N1tQI))
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December 4,2007
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
[gJ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report .;:-
D New Business ""'0
::i:
D Legal N
D Unfinished Business W
en
D
RECOMMENDATION:
Motion to approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to
$73,946.92. A letter dated August 15, 2007 requesting the reduction is attached.
EXPLANATION:
This request represents the completion of the construction and installation of the required public improvements to support the
Project and the necessary terms of the utilities permit. The remaining 10% will be held until the one-year warranty period is
complete.
PROGRAM IMP ACT:
FISCAL IMPACT: 001-0000-220-99-00
ALTERNATIVES:
~~
City Manager's Signature
Assistant to City Manager Cku</'
M011l1~
~ (4I07 Depa
Jf!.L_-
Department Name
City Attorney / Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RECEIVED
~i~;'5_:'1;:~i~:;i.~;.~L:6:;i::~;~'i~~~,~----
MARINA VILLAGE
.,:- BOYN'~ON SEACr:
AUG 1 6 2007
DATE:
8-15-07
BOYNTON BEACH UTILITIES
TO: Pete Mazzella
FROM: Brian Smith
RE: Our Letter of Credit # 11184/Land Developmen't Permit No. 4685
Mr. Mazzella,
This Jetter is to serve as The Related Group's request to reduce the Jetter of credit
referenced above. Please reduce the amount of $739,469.23 down to 5'10. Thank you for
your assistance in this matter.
Brian Smith
13~~
625 Caso. Loma: Blvd., Boynton Beach, Florida 33435
Office (561) 703-2185 Fax (561) 742-2206
Email: bsmith@wptmarine.com
v
{': ':Cly IIIr.lI__
-0 J'I F" 0 R 1 D A.
Telf 305.577-7212
Fax:: 305.577~7402
~. ~JI'c..&N .~..ua,R.. 1MJ'TBR: 0; CBIJ.I'fNO..Il184
.~ lwy2, ~
,.
;' TO; City Commk~n of Boynton Beach
clo City Engineer, Agent for the City
100 East Boynton Beach Boulevard
Boynton Beach. Florida 33435
Attn; Laurinda Logan
Tel:561-74~-6482
Fax:561-742-6285
RE: Our Letter of Credit No.1 I 184
Land Development Permit No. 4685
Plat: Marina Village at Boynton Beach
Aggregate Amount:USD739,469.23
Expiration Date: June 30, 2005
/
. .We hereby open our Clean Irrevo,cable Letter of Credit No. 11184 in favor of the City of
Boynton Bea~ Florida ("City") for the initial amount of Seven Hundred and Thirty N"me
Thousand Fopur Hundred Sixty N'me and 23/100 US Dollars ($739,469.23) effective as
of this date, which sbaI.I remain effective until released by a Resolution adoPted by the
City CommisSIon at a regular City Commission scheduled meeting.
This Letter of Credit is issued pursuant to the teems of that certain Utility Permit
(heteinafter, "Permit"), issued to TRO-Boynton Beach, as Developer, by the City of
Boynton Beach, Florida, to a project to be known as Marina Village at Boynton Beach
(hereinafter, called the 'CProject"), and to constIUct and install the required public
improvements to support the Project subsequent io recordation of said plat for the Project
pursuant to the terms of the Permit, This Letter of Credit,. however, is independent of
said Permit and reference herein is for information only.
The imtial amount of funds available under this Letter of Credit and stated above be
reduced from time to time by the City Engineer, as the agent for the City of Boynton
Beach, in accordance with the requirements of the SubdivisIon, Platting and Required
Improvem.ents Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development
Regulations. We hereby agree that such reduction shall not be effective until we have
furnished a written amendment to this Letter of Credit Such amendment shall reference
this Letter of Credit as well as the Pennit Number and Project Name. as set out herein,
and the new amount requested.
Continue on Page 2 of2
25 W. Flagler Street, Miami. Florida 33130 305-5n-7333 305-577-7460 Fax
Funds under this Letter of Credit are available to the City hereunder, not to exceed the
current available amount subsequent to any authorized reductions of this Credit against
CITY NATIONAL BANK OF FLORIDA
Clean Irrevocable Letter or Credit No. lU84 (page 2 of2)
the City' 1 d~mand) by in authorized agent named above, for payment to us mentioning
our Letter of Credit No. 11184.
When the City's demand for payment is received at City National Bank of Florida, 25
West Flagler Street, International Dept. Miami, Florida 33130 on or prior to the
Expiration Date. it will be promptly honored.
Venue for any and all legal actions necessary to enforce the tenns of this Letter of Credit
shaH be in Palm Beach County, Florida.
Except as is inconsistent with the express proyisions hereof: this Letter of Credit is
subject to the Uniform Customs and Practices For Documentary Credits (1993
Revisions). International Chamber of Commerce Publication No. 500.
Kindly address all correspondence regarding this Letter of Credit to the attention of
Letter of Credit Department mentioning specifically our Credit Number 11184.
Bank of Florida
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David Helme, EVP.
Chief Credit Officer
IU84p(
VI.-CONSENT AGENDA
ITEM E.
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 Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
[gJ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [gJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Authorize Mayor and/or City Manager to present Boynton Beach Property Tax Reform
proposal to Florida Taxation and Budget Reform Commission Public Hearing on October 10th (Miami-Dade) or October 11 th
(Broward County).
EXPLANA nON: While the property tax referendum is scheduled for January 29, 2008 (referendum language attached),
the Florida Taxation and Budget Reform Commission is proceeding with taking testimony on property tax issues. The City's
property tax reform, approved by the City Commission earlier in 2007, may offer the Commission with good ideas on
property tax reform as opposed to the legislative formula approved in June 2007. Authorization from the City Commission to
present the City's proposal to the Taxation and Budget Reform Commission is requested.
PROGRAM IMPACT: None
FISCAL IMPACT: (Include Account Number where funds will come from) none
AL TERNA TIVES: Do not authorize presentation.
Department Head's Signature
~re
Assistant to City Manager
cft/../
City Attorney / Finance
Department Name
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORMDOC
]he Citl} 0/ &l}DtOD Beach
OFFICE OF THE Cl7Y MANAGER
100 E. Boynton Beach Boulevard
P.D. Box 310
Boynton Beach Flonda 33425-0310
City Managers Office: (561) 742-6010
FAX' (561) 742-6011
e-malf: bressnerk@ci.boynton-beach.fI.us
www.boynton-beach.org
City of Boynton Beach
White Paper on Property Assessment and the Property Tax Issue
March 27,2007
Prepared by Kurt Bressner
City Manager
On Behalf of the City Commission of the
City of Boynton Beach, Florida
Introduction: The City of Boynton Beach has been watching and commenting on the various
property tax proposals being considered in the Legislature. In our opinion, the emphasis for any
property tax refonn needs to be based on a realistic assumption that the "Save Our Homes"
Constitutional Amendment is not going away. This program has shifted the burden of property tax
costs away from owner-occupied residents who claim their home as their primary residence to
renters, businesses and part-time residents. Given the reality that "Save Our Homes" is not likely to
be eliminated the City has looked at several ideas starting with the property assessment practices.
Our approach is to work with this as a given and focus on what can be done to provide better equity
across all classes of taxable property in Florida.
At its meeting of March 20, 2007, the Boynton Beach City Commission cndOised the following six
basic property tax and property assessment ideas. The City Commission reviewed these items
because cities should be part of the solution and offer suggestions for improvement.
This letter, however will focus on points 5 and 6 from the list because we think that these two points
may offer promise to break the logjam in the debate on property tax and shift the focus to the real
dilemma - there are two classes of taxable property in Florida - protected and not-protected. Our
proposal provides a means of protection and portability to all taxable property.
The Six Basic Points
The six basic points addressed by the Boynton Beach City Commission on March 20, 2007 were:
1. Base future property tax legislation on the 2007 base and not on a rollback formula, as this will
adversely affect delivery of City services. Tax limitation legislation using the 2007 base must
provide a cap methodology that requires extra-ordinary votes to go above the cap. The annual cap
should be adjusted based on a logical formula, not just the CPl. The level of service decisions in a
community must be vested in the hands of local elected officials. In Boynton Beach's case, our
Public Safety costs have exceeded the total receipt of property tax revenue since 2000. This is by
choice because we choose to provide this level of service. If the desire is to increase the rate of
taxation for residents beyond a certain limitation, this should be allowed by an extra-ordinary vote.
In our case, this would require the affirmative vote of four of five elected members of the City
Commission.
2. Provide a two-year phase-in of the increase in the homestead exemption from $25,000 to
$50,000. This year the exemption would be to $37,500 and the second year to $50,000. The
financial impact on Boynton Beach would be a revenue loss of$3.1M. It would be painful, but we
could address this over a two-year period, if needed. This would be about $1.6M in cuts for each of
the next two years.
3. Endorse legislation for changing the assessment practice from "highest and best use" to current
use. While this will have an undetermined negative impact on the City's taxable value, the current
practice of basing property value on speculation of what a property would be worth if it were
developed is unfair and should be changed.
4. Resist the concept of sales tax increases to serve as replacement revenue. This is a revenue
stream that is closely impacted by the economy. ln addition, such replacement revenue could be
subject to annual appropriation by the legislature and therefore not guaranteed. This year, as we
understand it, the state budget shortfall is approximately $1 Billion due to a drop in sales tax
revenues and reduction of document stamp revenues because a very slow real estate market.
Increasing the sales tax by 2.5% or two 1 % adjustments merely adds to an already regressive tax that
impacts lower income families' more than upper income families.
5. Work with others to support a possible change in how property values are assessed over time
and how taxable properties are reported. We believe a methodology of reporting assessment
information that smooths the taxable value is essential for all classes of property.
6. Leave the "Save our Homes" but perhaps allow deployment of smoothing oftaxable value to
help those who choose to upgrade or downsize their principal place of residence. This could have the
impact of a built-in portability mechanism.
Our Recommendation to Reduce the Inequity of Property Assessment Practices, Keep the Save Our
Homes Constitutional Amendment and Provide a Means of Portability For All Taxable Property
Specific to points #5 and #6 above we, offer the following basic scenario for all taxable property in
the state:
a. Each parcel should have reported taxable value based on the average taxable value of the
property over the past three or five years. For property currently covered under the "Save Our
Homes" amendment, this would have a negligible downward impact on the taxable value for the
property as the statutory "the lesser of 3% or the CPI" would still apply but the averaged or
"smoothed" value ofthese properties would be somewhat less. The impact to taxing bodies would
be less taxable value being applied from this class of properties as compared with other properties
not protected under "Save Our Homes." For commercial, industrial, rental and part-time residential
property, the impact of this change would buffer the sharp annual increases in taxable value by
averaging the prior four years with the new taxable value coming out in a given year. In this
instance, a five-year smoothing would help slow down the increase in taxable value of the property
to allow more modest tax impacts.
b. If a property is sold, the prior four years of taxable value is factored into the new taxable
value based on the sales price. This would apply to all taxable property in the state, regardless of
whether it is subject to the "Save Our Homes" provisions. In doing so, for example a family who
decides to move into a larger house that has a market value of $400,000 but is a property that has
2
AAfERICA '8 GATEWA Y TO THE GULF8TREA~f
been protected from increases because of "Save Our Homes" would have a smoothed assessment
based on the prior four years oftaxable value (as held by the former owner) and the one year ofne\\
taxable value based on the sale of the home to the new owner. The new owner would continue to
derive value from "Save Our Homes" based on the historic taxable value of the property for at least
four more years as the value of the home would be as follows:
Year One - Four Years of Prior Years' Taxable Value (old owner) plus one year (new owner) New Taxable
Value - averaged = new taxable value.
Year Two - Four Years of Prior Years' Taxable Value (three years of old owner taxable value and one year of
new owner taxable value) plus New Taxable Value- averaged = new taxable value.
Year Three - Four Years of Prior Years' Taxable Value (two years old owner taxable value and two years new
owner taxable value) plus New Taxable Value- averaged = new taxable value.
Year Four - Four Years of Prior Years' Taxable Value (one year of old owner taxable value and three years of
new owner taxable value) plus New Taxable Value- averaged = new taxable value.
Year Five - Four Years of Prior Years'Taxable Value (no old owner taxable value and five years of new owner
taxable value) = new taxable value.
Year Six - Five Years of Prior Year's Taxable Value averaged = new taxable value. (The cycle continues each
year - if the property is sold anytime, the prior values are still factored)
This scenario would replace the "re-set" of the property value based solely on the market price of the
property.
Note to the above: If the property were covered under "Save Our Homes", the assessment
limitations would still apply. The "break" to the owner who buys the property is being able to take
advantage of four years prior value history plus the new taxable value based on the property sale.
hence the smoothing benefit.
The implication of this process is a built-in portability as suggested in our point #6 above based on
the blended taxable value of the property. This would be available to ALL classes of taxable
property in the state. In the residential real estate market, this proposal would possibly serve as an
incentive for current homeowners to change homes without being hit with huge property tax
increases because the increase in the value of their new home would be sheltered with the five-year
smoothing process.
We realize that this proposal does not cover all variations in property transactions, specifically new
homes or buildings. However, there is already a built-in lag time of 18 to 24 months in new
construction before the full value of the improved property is reflected in the taxable value of the
property. Therefore, owners of new buildings enjoy the services oflocal government without paying
full price for these services during this 18 to 24 month lag time.
If the Legislature changes the process of assessment from "highest and best use" to "current use"
(see point # 3) above the results should be reflected in slower growth of taxable values.
AAfERICA '8 GA'T'ETVA r 7YJ 7'IIE GFLF8TREAAI
We respectfully request that these ideas be given consideration by members of the Legislature. We
don't have all the answers but we are coming forward with ideas that could help create a specific and
appropriate dialog about property taxes, property assessments and portability in Florida.
Respectfully submitted,
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Mack McCray, City Commissioner
Carl McKoy, City Commissioner
Ronald Weiland, City Commissioner
4
AAfERICA'8 GATElVA Y TO THE GULF8TREAAf
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTIONS 3, 4, 6, AND 9;
ARTICLE XII, SECTION 27
AD VALOREM PROPERTY TAXATION: ASSESSMENTS,
EXEMPTIONS, LIMITATIONS, AND HOMESTEADS.-Proposing amendments
to the State Constitution to increase the homestead exemption from $25,000 to 75
percent of the just value of the property up to $200,000 and 15 percent of the just
value of the property above $200,000 up to $500,000, to subject the $500,000
threshold to annual adjustments based on the percentage change in per capita
personal income, to authorize an increase in the $500,000 threshold amount by a
two-thirds vote of the Legislature, and to specify minimum homestead exemption
amounts of $50,000 for everyone except low-income seniors and $100,000 for low-
income seniors; to provide for transitional assessments of homestead property under
the increased homestead exemption that include preserving application of Save-
Our-Homes provisions until an irrevocable election is made; to revise Save-Our-
Homes provisions to conform to provisions providing for the increased homestead
exemption and transitional assessments of homestead property; to require the
Legislature to limit the authority of counties, municipalities, and special districts to
increase ad valorem taxes; to authorize an exemption from ad valorem taxes of no
less than $25,000 of assessed value of tangible personal property; to provide for
assessing rent-restricted affordable housing property and waterfront property used
for commercial fishing, water-dependent activities, and public access at less than
just value; and to schedule the amendments to take effect upon approval by the
voters and operate retroactively to January 1,2008, if approved in a special election
held on January 29, 2008, or shall take effect January 1, 2009, if approved in the
general election held in November of 2008.
Boynton jumps into tax debate
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By Will Vash
.
Boynton jumps into tax debate
BOYNTON BEACH - City leaders, weary of proposed property-tax reform in
Tallahassee that could cost the city millions in revenue, are taking a lead role pushing
creative solutions to lessen the blow for municipalities across the state.
Browse
Specials
& Deals
From local
Dealerships
Palm Beach Post Staff Writer
Friday, March 30, 2007
Autos
PalmBeacbPost.com
In a letter this week to legislators, City Manager Kurt Bressner outlined several proposals
discussed by commissioners to lighten the impact or at least spread out the revenue loss over-time.
"We are proposing that all taxable property be
. . based on the average of the past five years of
Latest breakl11g news, photos and all of to day's Post stones. ta bl I th th b
xa e va ue ra er an a year- y-year
approach," Bressner said. "This provides a way
to smooth the impact of an increase in the
taxable value of a property in any given year, and it also provides a built-in portability without changing the
Save Our Homes" provisions.
The legislature is considering substantial controls on assessing the taxable value of property, cutting how
much local governments can collect in taxes.
Property owners asked for relief from rising tax bills during last year's elections, and lawmakers responded
this session with proposals that would cut property valuations, replace them with a sales tax and roll back
local government budgets.
Though lawmakers in Tallahassee are still debating the various proposals, Sen. Jeff Atwater, R-North Palm
Beach, said he thought Boynton Beach grasped the real issues.
Atwater said he did not know if it would be possible to deploy the smoothing or rolling averages of property
valuation included in the proposal, but supports "the concept of looking at a longer-term value of the property
than the spikes we've been seeing."
The Save Our Homes cap approved by voters in 1992 limits assessment increases to 3 percent a year on
homesteaded properties - primary residences - but homeowners lose that protection when they sell.
1 of3
3/30/20077:55 AM
Boynton jumps into tax debate
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The city could lose between $12.5 million and $12.8 million if a proposal in the House passes that contains a
rollback to 2001 tax-rate levels.
Rep. Maria Sachs, O-Oelray Beach, said she hasn't discussed the Boynton Beach proposal with city leaders
but favors cutting local government budgets.
"We need all government - cities, counties and the state - to roll back their budgets and put in caps," she said
Thursday.
Mayor Jerry Taylor said it was incumbent on cities to make suggestions to legislators before it was too late.
"Whichever way they go, it's going to be an impact on every municipality in this state," Taylor said. "If it's
going to happen, we were thinking of ways to make the easiest impacts on the city."
Those suggestions include:
. Basing future property tax legislation on the 2007 property tax base and not on a rollback formula, which
would adversely affect delivery of city services. If the desire is to increase the rate of taxation for residents
beyond a certain limit, it should require the support of at least four commission members.
. Provide a two-year phase-in of any increase in the $25,000 homestead exemption. The exemption would be
$37,500 this year and $50,000 the following year. That would be a $3.4 million loss to Boynton Beach over
two years, not one.
. Create legislation for changing the assessment practice from highest-and-best use to current use. "While this
will have an undetermined negative impact on the city's taxable value," the city's proposal said, "th~ curr~nt
practice of basing property value on speculation of what a property would be worth if it 'vvere developed is
unfair and should be changed."
. Do not use sales-tax increases to serve as replacement revenue, because that revenue stream is heavily
affected by the economy.
. Leave Save Our Homes but allow smoothing of taxable value to help those who choose to upgrade or
downsize their homes.
As the Boynton Beach proposals make the rounds in Tallahassee, Bressner said, the city is looking at every
program and service it provides to prepare for all scenarios.
"There will have to be a service adjustment downward. But we still have to provide a level of acceptable
service," Bressner said. "Ultimately that will be a policy decision of the city commission."
Find this article at:
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20f3
Ji30!2007 7:55 A\1
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D
D September 4, 2007 August 20, 2007 (Noon) D
D September 18, 2007 September 3, 2007 (Noon) D
[gJ October 2, 2007 September 17, 2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16, 2007 October 1,2007 (Noon
November 7, 2007 October 15,2007 (Noon)
November 20, 2007
November 5, 2007 (Noonb
-.-J
November 19, 2007 (No~
-U
December 4,2007
NATURE OF
AGENDA ITEM
D
D
D
D
[gJ
N
D City Manager's Report ;j
D --
New Business -""'
[gJ c.n
Legal
D Unfmished Business 0'.
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
RECOMMENDATION: Please place this request on the October 2,2007 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on September 11,2007,
recommended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 07-084.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4th Street LLC
East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th Avenue (adjacent to 399-
417 SE 4th Street)
Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30
feet wide by 484 feet long.
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATI N/A
~C"M' 'So
Ity anager sIgnature
ent Director
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S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-005 RR Ave\Agenda Item Request Railroad Ave ABAN 07-005 10-2-07.doc
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF RAILROAD A VENUE RIGHT-OF-
WAY APPROXIMATELY 30 FEET WIDE BY 484 FEET
LONG, LOCATED EAST OF THE F.E.C. RAILROAD
BETWEEN SE2ND AVENUE AND SE 4TH AVENUE
(ADJACENT TO 399-417 SE 4TH AVENUE), SUBJECT
TO STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
II
I
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II
WHEREAS, Jeff Tomberg is requesting that the City abandon a 30 feet wide by 484
feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad
between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street).
subject to staff comments; and
\VHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and
City Commission on the proposed abandonment; and
,I
I
WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the
City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located
east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to
399-417 SE 4th Street), subject to staff comments. The property being abandoned is more
particularly described as follows:
That portion of Railroad A venue being described as bounded on the south by the
south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west
line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-of-way
line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on
S:\C rdlnances\Abandonments\Railroad Avenue.doc
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Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records
of Palm Beach County, Florida.
AND
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11,
Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ..2-- day of
,2007.
S:IC rdinanceslAbandonmentslRailroad Avenue.doc
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SECOND, FINAL READING AND PASSAGE THIS __day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Jal1et 1\1. Prainito, City Clerk
(Corporate Seal)
S:\CA rdinances\Abandonments\Railroad Avenue.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 30 feet wide by 484 feet long portion of
the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd
Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street), subject to staff
comments. The property being abandoned is more particularly described as follows:
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
north line of Lot 3, Block "B" (extended westerly); bounded on the east by the
west line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-
of-way line of the Florida East Coast Railroad right-of-way, all as shown by the
Plat on Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the
Public Records of Palm Beach County, Florida.
AND
That portion of Railroad A venue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast
Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in
Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of
ATTEST:
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito
City Clerk
Kurt Bressner, City Manager
S:ICA IOrdi nanceslAbandonmentslRailroad Avenue .doc
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this ~__ day of
,2007.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S :\CA \Ordi nances\Aba ndon ments\Ra i I road A ven ue. doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 07-084
THRU:
Chair and Members
Community Redevelopment Agency Board
Michael W. Rump~N?'
Planning and Zoning Director
TO:
FROM:
Kathleen Zeitler /(7..,
Planner
DATE:
September 4, 2007
SUBJECT:
Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
(adjacent to 399 - 417 SE 4th Street)
ABAN 07-005
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of Railroad Avenue, an unimproved
3D-foot right-of-way, located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several
oarcels in the area and is considering future development of a residential project. This unimproved right-of-way is
:tuated adjacent to six (6) parcels _of land to the east (all owned by 4th Street LLC) and the Florida East Coast (FEC)
Railroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately
483.46 feet long. It is described as follows:
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, Block "B"
(extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded
on the east by the west line of Lots 3, 4, 5, and 6, Block "B"; bounded on the west by the east right-of-way line
of the Florida East Coast Railroad right-of-way, all as shown by the Plat on Pence Subdivision No.1; as
recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida.
And
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6 (extended
westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the
west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public
Records of Palm Beach County, Florida; said described property consisting of approximately 14,503 square feet
.or 0.33 acre.
The subject portion of the 30-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries
of the Pence Subdivision No.1 Plat. The approved plat was recorded in Plat Book 1, Page 33 on March 25, 1910.
Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public
highways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and
gal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
law. The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties.
Page 2
Memorandum No. PZ 07-084
ABAN 07-005
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their property, and no other property owners will be adversely affected by the abandonment.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street,
zoned Community Commercial (C-3);
South -
Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at
513 SE 4th Street, zoned Community Commercial (C-3);
East
Several parcels (399-416 SE 4th Street), including vacant commercial and multi-family
residential uses, zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue;
and,
West -
Right-of-way for the FEC Railroad, then farther west are single-family residences zoned
R-1A (Single-family Residential).
BACKGROUND
The subject abandonment request is for a segment of the 3D-foot unimproved Railroad Avenue right-of-way that
extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenue,
located immediately south of the subject right-of-way, was previously abandoned to the properties to the east (513
and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In addition, a segment of unimproved Railroad
Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue)
in July of 2005, by Ordinance 05-030.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is
divided in half, with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC
Railway right-of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County
Property Appraiser's Mapping & GIS Department, a right-of-way is not considered to be real property to which a
portion of abandoned property can be transferred. In addition, property to be abandoned, when located in a
platted subdivision, must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat;
however, the FEC Railway right-of-way pre-dates the plat, and is included on the plat only as an existing right-of-
way adjacent to the boundaries of the plat. Therefore, the entire width (30 feet) of the abandoned property would
be transferred to the applicant in accordance with standard procedures conducted by the County's Prope~
Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22,
Article III, Section 4 of the Land Development Regulations, All public utility companies have been notified and the
abandonment request has been advertised in the local newspaper.
Page 3
Memorandum No. PZ 07-084
ABAN 07-005
r\ summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
"ave no objection to the proposed abandonment upon compliance with their specific conditions of approval.
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purpose, and therefore is
recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to
the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-005 RR Ave\Staff Report.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
SE 3RDAVENUE
40 20 0
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40
80 120 160
I Feet
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IX:
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Joseph M. Tucker. P.LS.
_EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. AVENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDEDWESTERL Y); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK 1 , PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORlDA.
AND
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LTh'E OF THE FLORIDA EAST <;::OAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
Al'~'D
THAT PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WA.Y LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
S. <!!'ef / 0 f' c
LB 2102 .
Joe Tucker
I HEREBY CERTIFY THAT THE DESCRlPTION AND THE AITACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER61G176,FLORIDAAPMINISTRATIVE CODE, SETFORTH,
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 472;027, FLORIDA i
STATIITES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, AT OR MAP IS FOR INFORMATION PURPOSES ONI.. Y AND IS NOT VALID
. NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF JHE DESCRIPTION SHOWN HEREON, TIlERE HAS BEEN NO FIELD WORK
VJEWING OF TIlE SUBJECT PROPERlY, ORMONUMENTS SET IN CONNECTION. .
wrrn TIffi PREPARATION OF TIllS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOVlN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR
FOR RlGHrS OF WAYS, EASENIENTS OR RESERVATIONS OF RECORD
Phons:
'Boca (561) 391-4388
Boynton (561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKER. P.LS.
219 S.E.23rdAve.- P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment ofa segment ofthe 30-foot right-of-way of Railroad Avenue
File Number: ABAN 07-005
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
--
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. The abandonment of this 30-foot unimproved right-of-way (Railroad X
Avenue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development permit for future development of the
property.
.., As required after site plan approval, the proposed new development shall X
"-.
generate and submit a boundary record plat (as a minirnum) to reflect the
area contained therein, the easernents for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION i
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None I X I
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
3. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREO\WP\PROJECTS\5E 4'1li Street & RR ABAN\ABAN 07~005 RR Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Railroad Avenue Abandonment (ABAN 07-005)
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot right-of-way of Railroad
Avenue
LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WPIPROJECTSISE 4th Street & RR ABAN\ABAN 07-005 RR Ave\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
September 11,2007
Vote
Vice Chair Rodriguez seconded the motion that passed unanimously.
B. Railroad Avenue
Abandonment
DESCRIPTION:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4TH Street LLC
East of the F.E.C. Railroad between SE 2nd
Avenue and SE 2nd Avenue and SE 4th Avenue
(adjacent to 399-417 SE 4th Street)
Request for abandonment of a portion of
Railroad Avenue right-of-way approximately
30 feet wide by 484 feet long
1.
PROJECf:
AGENT:
OWNER:
LOCATION:
Ms. Zeitler advised the applicant, 4th Street LLC, requested the abandonment of a 30
foot right-of-way on Railroad Avenue. The property was unimproved, was 30 feet wide
by 483 feet long, and was -located adjacent to the FEC Railroad. Applicant had
submitted a copy of the title opinion, met all the requirements, received comments from
City staff and public utility companies. Excluding BellSouth and the Engineering
Division, all public utility providers had indicated they had no objection to the
applicant's request. Both the Engineering Division and BellSouth required conditions of
approval, and applicant would ensure the conditions of approval were satisfied prior to
any future development of the property.
Mr. Tomberg advised, if the property were to be abandoned, half would go to 4th Street
LLC and the other half to the FEC Railroad. Applicant contacted both parties and
provided notice of the hearing. He contended the City previously abandoned two
parcels to the south of the property in question.
Chair Taylor opened the floor for public hearing.
Cheryl Meadows, 419 SE 4th Street, expressed dissatisfaction with the condition of
the easement, which was littered with empty beer cans and trash, and also noted
concerns as to the manner in which the property would be utilized.
Board discussion ensued as to responsibility for cleaning up the right-of-way.
6
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
September 11, 2007
Jeff Tomberg, agent for 4th Street LLC, indicated the trash referred to by Ms.
Meadows, was located in the abandoned area. He pointed out, upon abandonment of
the right-of-way, the property would become the responsibility of the applicant, and the
applicant would work with Code to ensure all problems were remedied.
The board requested staff endeavor to clear the property.
Motion
Mr. Weiland moved to approve Item B, under New Business. Vice Chair Rodriguez
seconded the motion that passed unanimously.
IX. Pulled Consent Agenda Items
A. Approval of the Minutes - eRA Board Meeting - August 14/ 2007
Mr. Weiland requested clarification as to the status of Rufus Ribs, and whether they
could utilize the existing location as well as a second location.
Chair Tayior explained Rufus Ribs would be permitted to do so, provided they could
comply with the stipulations set forth in the new regulations for mobile vendors. There
was some question as to whether two units would fit on their property. Rufus Ribs
believed the property was large enough to accommodate the two units; but they would
still be required to comply with the regulations.
Mr. Weiland understood Rufus Ribs could either work out of the building itself or out of
the cart, but not both.
Lisa Bright, eRA Executive Director, concurred with Mr. Weiland, adding there was a
problem with the proximity of the kitchen versus the cooker, and Rufus Ribs had,
therefore, considered purchasing a special cooker, in order to have a solidified unit in
one spot.
Motion
Mr. Weiland moved to approve the minutes of August 14, 2007. Vice Chair Rodriguez
seconded the motion that passed unanimously.
X. Old Business:
A. Approval of CRA Marina Dockage Agreement and Rental Rates for FY
2007-2008 (Tabled from August 14, 2007 meeting)
7
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Tumed
in to City Clerk's Office
c=J August21,2007
D September 4, 2007
D September 18, 2007
[gJ October 2, 2007
August 6,2007 (Noon.) D October 16, 2007
August 20,2007 (Noon) D November 7, 2007
September 3, 2007 (Noon) D November 20, 2007
Septernber 17, 2007 (Noon) D December 4, 2007
October 1,2007 (Noon
October 15, 2007 (No~
(/)
November 5, 2007 (No~
November 19, 2007 (N~)
-0
-
~
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
[gJ Public Hearing
D City Manager's Report <?1
D New Business C7\
[gJ Legal
D Unfinished Business
o
RECOMMENDATION: Please place this request on the October 2,2007 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on September 11,2007,
recommended that the request be approved with the additional condition that the adjacent property owned by the applicant,
be cleared ofth-e burned structure within 90 days from the date ofCRA action. For further details pertaining to this request,
see attached Department Memorandum No. 07-085.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
SE 4th Avenue (ABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue)
Request for abandonment of the west one-half of SE 4th Avenue right-of-way located
east of Railroad Avenue, approximately 20 feet wide by 122 feet long.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES' N/A
'"1
ity Manager's Signature
~
Assistant to City Manager
.~
Planning and Z' . g Director City Attorney / Finance
S :IPlanning\SHARED\ WPIPROJ CTSISE 4th Street & RR ABAN\ABAN 07 -004 SE 4th A ve\Agenda Item Request SE 4th Ave ABAN 07-004 10-2-
07.doc
.,.,.,.
~J'
~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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: I
, I
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF THE WEST ONE-HALF OF SE 4TH AVENUE, A 20
FOOT WIDE BY 122 FOOT LONG RIGHT-OF-WAY,
LOCATED BETWEEN RAILROAD AVENUE AND SE
4TH STREET, SUBJECT TO STAFF COMMENTS~
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA~ AND
PROVIDING AN EFFECTIVE DATE.
I
I
II
WHEREAS, Jeff Tomberg is requesting that the City abandon a 20 foot wide by ] 22
foot long right-of-way located between Railroad Avenue and Southeast 4th Street (adjacent to
416-417 SE 4th Avenue), subject to staff comments; and
II
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the
City Commission adopts that finding.
II
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 20 foot wide by 122 foot long right-of-way located between Railroad Avenue and
Southeast 4th Street (adjacent to 416-417 SE 4th Avenue), subject to staff comments. The
property being abandoned is more particularly described as follows:
That portion of SE 4th A venue being described as bounded on the south by the north
line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5: bounded
on the east by the east line of Lots 4 and 7 (extended); bounded on the west by the
east right-of-way line of Railroad Avenue, all as shown by the Plat of Sunset Court;
as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County,
Florida.
S:\CA rdlnances\Abandonments\SE 4th Avenue.doc
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Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE THIS _day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
II
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, City Clerk
(Corporate Seal)
S:ICA rdinanceslAbandonmentslSE 4th Avenue.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 20 foot wide by 122 foot long right-of-
way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-4] 7 SE 4th
Avenue), subject to staff comments. The property being abandoned is more particularly
described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the
north line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5;
bounded on the east by the east line of Lots 4 and 7 (extended); bounded on the
west by the east right-of-way line of Railroad Avenue, all as shown by the Plat of
Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of
Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
TN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this
day of , 2007.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito Kurt Bressner, City Manager
City Clerk
ST ATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
S:ICAIOrdlnanceslAbandonmentslSE 4th Avenue.doc
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this
,2007.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICAIOrdinanceslAbandonmentslSE 4th Avenue.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
TO:
Chair and Members
Community Redeve,W Agency Board
Michael W. Rumpf 1 ...
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler t2--
Planner
DATE:
September 4, 2007
SUBJECT:
Abandonment of a segment of SE 4th Avenue
(adjacent to 416-417 SE 4th Avenue)
ABAN 07-004
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way
(SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels
in the area and is considering future development of a residential project. The portion of right-of-way to bp
abandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railro,
Avenue. The platted right-of-way subJect to this specific request is 20 feet wide and approximately 122 feet long.
It is described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the north line of Lot 6 and 7;
bounded on the north by the south line of Lot 4 and 5; bounded on the east by the east line of Lots 4 and 7
(extended); bounded on the west by the east right of way line of Railroad Avenue, all as shown by the Plat of
Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida; said
described property consisting of approximately 2,448 square feet or 0.06 acre.
The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the
boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25,
1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the
perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon,
reserving however unto itself, its successors and legal representative, the reversions or reversion of same,
whenever abandoned by the public or discontinued by law". The City makes no representation regarding the
impact of the reversionary language on title to the adjacent properties.
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their property, and no other property owners will be adversely affected by the abandon men
Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and
Exhibit "8", the legal description of the area to be abandoned. The following is a description of the land uses and
zoning districts of all properties that surround the SE 4th Avenue right-of-way:
Page 2
Memorandum No. PZ 07-085
'\BAN 07-004
East
417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant commercial
parcel zoned Community Commercial (C-3);
416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single-
family residence zoned Community Commercial (C-3);
The eastern one-half of SE 4th Avenue right-of-way, and adjacent occupied single-family
residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and,
North -
South -
West -
Right-of-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast
Railroad right-of-way.
BACKGROUND
The subject abandonment request is for the western segment of the 20-foot improved SE 4th Avenue right-of-way
that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The
applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN
07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94-
171) and July of 2005, (Ordinance 05-030).
ANALYSIS
'hen a right-of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferred
from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected
by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the
other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public
notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land
Development Regulations. All public utility companies have been notified and the abandonment request has been
advertised in the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTSI DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "C"- Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
Page 3
Memorandum No. PZ 07-085
ABAN 07-004
have no objection to the proposed abandonment upon compliance with their specific conditions of approval which
include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be
abandoned, and the establishment of a 10 foot utility easement for Bellsouth.
It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be
abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be
relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the
eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way
terminates to the west of developed property preventing future extension of this right-of-way. There are also no
isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer
serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels.
The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding
continuation of their utility services and access to their property. Therefore, based on the above findings, staff is
recommending approval of the request to abandon the portion of the 20-foot improved roadway as described
above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "C" -
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
40 20 0
r-'--_
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80 120 160
I Feet
....
w
w
0::
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tn
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"'l:t
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J03eph M. Tueker. P.LS.
EXHIBIT "B"
BOUNDARY SURVEYS
MOFlTCiAGE SURVEYS
CONST.RUCilCN :..AYOUT
219 S.E. 23rd AVENUE o' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734:7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. A VENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK II, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3,BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "8",
BOUNDED ON THE \VEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO, 1; AS RECORDED IN PLAT BOOK 1, PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERL'i); BOlJNDED ON THE EAST BY T&e WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY nr
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY Th
PLA T OF SUNSET COURT; AS RECORDED IN PLA T BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAYBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY TIIAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAP1ER 61 G176, FLORIDA ADMINISTRATIVE CODE, SET FORTH l
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA .
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE '
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, P AT OR MAP IS FO:R. INFORMATION PURPOSES O~ Y AND IS NOT VALID
BY; ~. :~ 5. ~ef- / of' 2
}0SJ H . TUCKE DATE I os; 117
ROOISTERED L SURVEYO NO. 3285 LB 2102 .
STATE OF FLORIDA
. NOTE: TIIIS IS NOT A SKETCH OF SUR VEl', BUT ONL I' A GRAPHIC DEPICTIONS
OF TIffi DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWING OF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONN"'ECTION.
WITH THE PREPARATION OF TIilS INFORMA.TION SHOWN HEREON.
Joe Tucker
NOTE: LMl)S SHOW'"N HEREON WERE NOT ABSTRACTED BY THE SUR VEYOR
1 FOR RlGIITS OF WAYS, E.A.SE1vlENTS OR RESERVATIONS OF RECORD
Phone:
-Boca (561) 391-4388
Boynton (561) 737-6546
FAX (561) 7~-7546
JOSEPH M. TUCKER, P,L.S.
219 S.E. 23rd Ave. 0 P.O. Box 759
Boynton Beach. FL 33435
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue
File Number: ABAN 07-004
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
-
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated X
ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or
abandoned (and agreed to by the Utilities Department).
2. All utility services within this project shall be relocated at the applicant's X
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. As required after site plan approval, the proposed new developrnent shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easernents for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING -----
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
There shall be two (2) four-inch (4") Schedule-40 PYC conduits required to , I
5. X
be installed along the northernmost ten-feet (10') of the current right-of-way I
of Southeast 4th A venue, between Southeast 4th Street and westerly to the !
Florida East Coast Railroad right-of-way. I
/I I I I
6. The above-mentioned ten-feet (10') shan be recorded and delivered to X I .~
Bellsouth Telecommunications, Inc. as a utility easement. I
7. Should there be any relocation or adjustments of Bellsouth' s facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD I
CONDITIONS
Comments:
I
8. Remove burned structure on adjacent property within 90 days from the date X ,
I
of CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS I
Comments: --r-----~
To be determined. I
S:IPlanning\SHARED\WP\PROJECTS\SE 4TH Street & RR ABAN\ABAN 07-004 SE 4'1 Ave\CQA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
AGENT'S ADDRESS:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-045 SE 4th Ave\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
September 11, 2007
New Business:
A. SE 4th Avenue
Abandonment
DESCRIPTION:
SE 4th Avenue (ABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 4th Street
(adjacent to 416-417 SE 4th Avenue)
Request for abandonment of the west one-
half of SE 4th Avenue right-of-way located east
of Railroad Avenue, approximately 20 feet wide
by 122 feet long
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
Kathleen Zeitler, City Planner, informed the board the applicant was requesting to
abandon a portion of the improved 20-foot right-of-way for SE 4th Avenue, the western
half of the road, which was located between SE 4th Street and Railroad Avenue. The
applicant submitted ownership and encumbrance reports and met all notice
requirements to the public and utility providers. Previous requests for abandonment in
the area had been approved. All utility providers, excluding BellSouth, indicated they
had no objection to the abandonment. The Engineering Division and BellSouth required
conditions of approval, which must be satisfied prior to future development of the
applicant's property. The applicant had agreed to the conditions of approval, at the
applicant's expense, which included relocation of the existing utilities, and the
establishment of a 10-foot utility easement for BellSouth. Staff reviewed the request
and recommended approval with the conditions.
Jeff Tomberg, representing 4th Street LLC, advised the right-of-way to be abandoned
currently served no purpose under the current plan for land assemblage. Fourth Street
LLC owned the property on both sides of the right-of-way, and would be the only party
to be affected. Applicant would meet the conditions set forth by staff.
Chair Taylor opened the public hearing.
Dennis Meadows, 419 SE 4th Street, commented he owned the lot in the back where
the road would be abandoned. He was desirous of seeing a plan before the property
was abandoned and expressed concern as to the manner in which the property would
be used.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
September 11, 2007
Chair Taylor explained the abandonment was merely being discussed at this point, and
would be required to come back before the board for additional hearings and for
approval.
Board discussion ensued regarding the monetary value of the property, and whether
deed restrictions were necessary.
Ms. Zeitler replied she was not aware of any monetary value for which the City or CRA
would be reimbursed if the right-of-way were to be abandoned. If the right-of-way
were to be abandoned for private development, it would be listed on the tax rolls and
the City would benefit from the tax value.
Attorney Doody opined an abandonment process did not necessarily entail the
conveyance of title. The process could be effectuated through the adoption of a
resolution, which would represent the board's actions of abandonment. There would be
no deed or instrument recorded, other than the resolution. Accordingly, no deed
restrictions would be imposed on the property. Under Florida law, in terms of
abandonment, if one were to take a line down the center of the property, the title
would revert to the adjoining property owners.
Mr. Tomberg pointed out the applicant owned the property surrounding the street, and
the street had not been used for any purpose. BellSouth was the only known utility,
and the applicant was well aware of BellSouth's requirements. As to the proposed
project, the applicant had been in discussions with CRA staff regarding zoning and land
use requirements.
Attorney Doody indicated the right-of-way was in favor of the City and not the CRA. As
such, any action taken by this board would serve as a recommendation to the City. It
was his understanding the City would address this item at a later date.
Mr. Tomburg advised the property in question was vacant land. The north side of the
property was torn down approximately six years ago and on the south side, the existing
structure was recently burned down as part of a demonstration by the Boynton Beach
Fire Department. He contended the property was in the process of being cleared of
debris.
Motion
Mr. Weiland moved to approve abandoning the rights-of-way, with the condition that
the property would be cleaned up within three months.
Mr. Tomberg agreed, on behalf of the applicant, to the conditions imposed
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
September 11, 2007
Vote
Vice Chair Rodriguez seconded the motion that passed unanimously.
B. Railroad Avenue
Abandonment
DESCRIPTION:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4TH Street LLC
East of the F.E.C. Railroad between SE 2nd
Avenue and SE 2nd Avenue and SE 4th Avenue
(adjacent to 399-417 SE 4th Street)
Request for abandonment of a portion of
Railroad Avenue right-of-way approximately
30 feet wide by 484 feet long
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
Ms. Zeitler advised the applicant, 4th Street LLC, requested the abandonment of a 30
foot right-of-way on Railroad Avenue. The property was unimproved, was 30 feet wide
by 483 feet long, and was located adjacent to the FEC Railroad. Applicant had
submitted a copy of the title opinion, met all the requirements, received comments from
City staff and public utility companies. Excluding BellSouth and the Engineering
Division, all public utility providers had indicated they had no objection to the
applicant's request. Both the Engineering Division and BellSouth required conditions of
approval, and applicant would ensure the conditions of approval were satisfied prior to
any future development of the property.
Mr. Tomberg advised, if the property were to be abandoned, half would go to 4th Street
LLC and the other half to the FEC Railroad. Applicant contacted both parties and
provided notice of the hearing. He contended the City previously abandoned two
parcels to the south of the property in question.
Chair Taylor opened the floor for public hearing.
Cheryl Meadows, 419 SE 4th Street, expressed dissatisfaction with the condition of
the easement, which was littered with empty beer cans and trash, and also noted
concerns as to the manner in which the property would be utilized.
Board discussion ensued as to responsibility for cleaning up the right-of-way.
6
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18,2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
[gJ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [gJ Legal
D Code Compliance & Legal Settlements D Unfinished Business
[gJ Public Hearing D
RECOMMENDATION: Approve the attached Ordinance 07- _ amending Chapter IV Site Plan Review
of the City's Land Development Regulations specifying the circumstances wherein Conditions of
Approval on a given site plan pertaining to "Unity of Title" may be released.
EXPLANATION: As a matter of policy, staff has traditionally recommended that Unity of Title be
required, as a condition of site plan approval, for developments with multiple parcels and/or
components, such as mixed use development projects. The purpose has been to insure that the
entire project gets developed (even if it is done in phases) by preventing the sale of individual
components resulting in a truncated project that fails to conform with the approved site plan and/or is
owned and operated by different parties in a manner inconsistent with the initial project objectives.
The downside of this requirement, however, is that it severely limits flexibility on certain projects that
may, in fact, require or benefit from different types of developers owning or operating its various
components. Accordingly, staff is recommending a code amendment that states, in effect, that in
cases where Unity of Title is a condition of site plan approval, this condition can be released under the
following conditions:
1. The project as a whole, including its various components, must be administered by a property
owners association (POA) with reserves for property maintenance of at least 18 months.
2. The owners of the various components must execute perpetual cross access and shared
parking agreements.
3. A sign program approved by the City must be in place that regulates all project signage in
conformance with the City's Land Development Regulations and is applicable to all components
of the project.
4. The owners must agree to the continued calculation of overall project density based on the
entire project despite the creation of individual parcels with multiple owners.
Staff believes that these code amendments will allow developers of mixed use projects the required
flexibility while at the same time addressing the primary concerns that led City staff to originally require
a Unity of Title.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: N/A
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTERNATIVES: Maintain the current policy of requiring developers to provide Unity of Title for mixed
use development projects.
~
City Manager's Signature
Assistant to City Manager ~
Department of Development
City Attorney / Finance
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 4, SITE PLAN REVIEW, AS CONTAINED IN
6 THE LAND DEVELOPMENT REGULATIONS, BY
7 CREATING SUBSECTION 8.G. TO SECTION 8,
8 REVIEW STANDARDS; TO ADDRESS THE
9 REQUIREMENT OF UNITY OF TITLE AS A
10 CONDITION OF APPROVAL OF A SITE PLAN;
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City's practice has traditionally recommended that Unity of Title be
15 required as a condition of a site plan approval for a development project with multiple parcels
16 and/or components, such as mixed use development projects; and
17 WHEREAS, the City's purpose of recommending a Unity of Title is to insure that the
18 entire project gets developed by preventing the sale of individual components resulting in a
19 truncated project that fails to conform with the approved site plan and/or is owned and
20 operated by different parties in a manner inconsistent with the initial project's objectives; and
21 WHEREAS, the City's staff has recognized that the requirement of Unity of Title may
22 limit the flexibility on certain projects that may require or benefit from different types of
23 developers owning or operating its various components; and
24 WHEREAS, the City Commission, upon recommendation of the City's staff, deems it
25 appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
26 to amend the Land Development Regulations of the City of Boynton Beach to provide for the
27 requirement of Unity of Title and, in matters where Unity of Title is a condition of a site plan
28 approval, to provide prerequisites which will allow such condition to be released.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and incorporated
3 herein by this reference.
4
Section 2.
Chapter 4, Site Plan Review, of the Land Development Regulations of
5 the City of Boynton Beach Code of Ordinances is hereby amended to create a subsection 8.G.
6 to Section 8 as follows:
7
8
9
10
11
12
13
14
15
16 II
] 7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
CHAPTER 4
SITE PLAN REVIEW
* * *
Sec. 8.
Review Standards.
The following standards shall be utilized by the planning and zoning
department and all other applicable departments for review and evaluation of all
required plans and exhibits.
* * *
G. The planning and zoning department and/or all other applicable departments
may recommend as a condition of approval of a site plan for a development with multiple
parcels and/or components, that a Unity of Title among the parcels and/or components be
required. However, in cases where Unity of Title is a condition of site plan approval. this
condition may be released under the following conditions:
1. The proiect as a whole, including its various components, is
administered by a property owner's association with fee reserves for property
maintenance of at least eighteen (18) months;
2. The owners of the various components has executed perpetual cross
access and shared parking agreements;
3. A sign program approved by the City is in place that regulates all
proiect signage in conformance with the Citv's Land Development Regulations and is
applicable to all components of the proiect; and
4. The owners have agreed to the continued calculation of overall proiect
densitv based on the entire proiect despite the creation of individual parcels with
multiple owners.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
q
1
2
Section 3.
Each and every other provision of said chapter, not herein specifically
3 amended, shaIl remain in fuIl force and effect as originaIly adopted.
4
Section 4.
AIl ordinances or parts of ordinance in conflict herewith be and the
5 same are hereby repealed.
6 Section 5. Should any section or provision of this Ordinance or portion hereof be
7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
8 remainder of this Ordinance.
9
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shaIl become effective immediately.
10
11
12
FIRST READING this _ day of , 2007.
SECOND, FINAL RE.AJ)ING AND PASSAGE this _ day of
,2007.
13
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
TTEST:
anet M. Prainito, CMC
ity Clerk
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4,2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative [gJ New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Request by developer for annexation of balance of Gulfstream Gardens development
(7.966 acres of 15.36 acres) into the CRA.
EXPLANATION: In 2006 a 15.46 parcel was assembled for development along South Federal Highway. A portion of the
property was already in the City (7.494 acres) while the balance was unincorporated Palm Beach County (7.966 acres). The
7.494 acre portion of the property already in the City limits was also in the limits of the CRA. The unincorporated 7.966
acres was subsequently annexed into the City to form Phase 1 and Phase II of Gulfstream Gardens. However, there was not
an automatic annexation ofthe 7.966 acres into the CRA. The developer has requested that the balance of the property be
annexed at this time into the CRA. This would make the entire property eligible for CRA incentives. The boundary of the
original CRAlCity parcel (7.494) is not contiguous (see map). In response to the developer's request, staff did two things:
1. We confirmed with the County that the property could be annexed into the CRA without creating another mini-CRA.
This was important for budget and audit requirements. The County indicated that this could be done without
creating another CRA.
2. We calculated the financial tax loss to the City with the annexation of the 7.966 acres into the CRA. If annexed, the
CRA would receive the tax revenue from the post-development property value while the City would retain the value
of the property when it was annexed into the City. Based on our projections and a 2010-2011 completion date for
the development, using a millage rate of 6.4553%, the annual loss to the City with annexation would be $281,970.
This is based on an assumed taxable value of the project at $89M. This loss would continue each year.
PROGRAM IMP ACT: Given the impact of tax caps and other revenue restrictions, annexation of the property is not
recommended. In addition, consideration of any expansion of the CRA should include a fiscal impact analysis,
FISCAL IMPACT: (Include Account Number where funds will come from) -- See attached spreadsheet showing a 12-
year revenue loss projection to the City with annexation into the CRA.
ALTERN A TIVES: 1. Proceed with the annexation and request that CRA provide replacement revenue or in-kind services
in the amount of$300,000 a year to compensate for the loss of property tax revenue for the City.
2. Proceed with the annexation with no revenue sharing formula from the CRA to make up for lost property tax revenue to
the City.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUES~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~/
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
t/
f------ . ~0
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WEINER & ARONSON, P.A.
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
August 31,2007
Via Email & Reqular Mail
Mr Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Gulfstream Gardens
Our File No.: LOC0002
Dear Kurt:
Thank you very much for your email reply. We understand your initial position with respect to
this particular situation. Regardless, we believe that this matter should be addressed as quickly as
possible. Tax Record Certification for January 1,2008 is fast approaching and a decision should be
made so that the Property Appraiser's records are correct as of that date.
We respectfully request that this matter be placed upon the appropriate City and Community
Redevelopment Agency agendas. If we could be of further assistance in making certain that they
are on the agenda, please feel free to contact me.
ver:! tiUly y~urs,
\ \ \ \ ~,_\ .//.-
./ Mlc~ael S\, Wflner
MSW:vf ./
Cc: Mr. Rick Lococo
James Cherof, Esquire
OILOC0002:Letter to Kurt BressneLAugust 31. 2007.doc
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eRA BOUNDARIES
PHASE II
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6,2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 ONoon) 0 November 7, 2007 October 15,2007 (Noon)
~ September 18,2007 September 3, 2007 ONoon) 0 November 20, 2007 November 5, 2007 (Noon)
~ Is!- hit du't..~ September 17,2007 (Noon) 0 December 4,2007
October 2'R;07. ' November 19, 2007 (Noon)
~~d J7
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve the attached Ordinance on second reading to amend Chapter 2, Section 2-13.2 of
the City of Boynton Beach Code of Ordinances, relating to the Community Redevelopment Agency (CRA).
EXPLANATION: When the City Commission recently declared itself to be the CRA Board pursuant to the authority
set forth in Florida Statute 163.357, it rendered obsolete the provisions of the City Code being amended by this Ordinance.
PROGRAM IMPACT: None.
FISCAL IMPACT: None
ALTERNATIVES: None.
.,
\.
~'\~
Department Head's Signature
~w,
Assistant to City Manager W ~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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ORDINANCE D7 -o~b
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING ARTICLE I OF
CHAPTER 2 SECTION 2-13.2 RELATING TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) TO PROVIDE THAT THE CITY
COMMISSION SHALL BE THE GOVERNING BODY OF THE CRA
AND THE MAYOR AND VICE MAYOR THE CRA CHAIRPERSON
AND VICE-CHAIRPERSON; PROVIDING FOR CONFLICT.
SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
WHEREAS, On June 16, 2007 the City Commission of the City of Boynton
Beach, Florida, pursuant to the authority vested in the Commission as set forth in Section
163.357, Florida Statutes, designated itself to be the community redevelopment agency of
the City of Boynton Beach and vested itself with all rights, powers, duties privileges, and
immunities vested by law in the community redevelopment agency, subject to all
responsibilities and liabilities imposed or current; and
WHEREAS, the City Commission desires to conform the City's Code of
Ordinances to properly reflect that the City Commission constitutes the community
redevelopment agency.
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Article I, "Administration" of Chapter 2, Sec. 2-13.2. is hereby
amended to read as follows:
Sec. 2-13.2. Governing body of community redevelopment agency.
(a) The members of the City Commission shall appoint in accordance "ith the pro\'ision:J
of Chapter 163.: 57(1 )(gc), Florida Statutes, constitute the governing bodv (Board) of the
Page 1
1 Community Redevelopment Agency. the board of commissioners illlQas the go':eming body of
2 the community redevelopment area. The board will be composed of~seven (7~) members.
3 (c) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor
4 the Vice Chairperson of the Board of the Community Redevelopment AgencyThc City
5 Commission, at the last meeting in March of each year, commencing March 2001, shall
6 appoint the Chair and Vice Chair of the Community Redevelopment .^~gency. The term
7 of appointment to the position of Chair or Vice Chair of the Board is one (1) year
8 commencing the first Tuesday in April follov:ing appointment. Board members may bc
9 appointed to consecuti'/c tenus as Chair or Vice Chair, not to exceed three (3)
10 consecuti'le terms
11 Section 3. Conflicting Ordinances.
12 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
13 the extent of such conflict.
14 Section 4. Severability.
15 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
16 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
17 the validity ofthe remaining portions of this Ordinance.
18 Section 5. Inclusion in Code.
19 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that
20 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON
21 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or
22 relettered and the word "ordinance" may be changed to "section," "article," or such other
23 appropriate word or phrase in order to accomplish such intentions.
Page 2
1 Section 6. Effective Date.
2 This Ordinance shall be effective immediately after adoption by the City Commission.
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PASSED FIRST READING this!L day of~, 2007.
SECOND AND FINAL READING ADOPTED this _ day of
,2007.
CITY OF BO'r'NTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
II
Commissioner - Carl McKoy
I'
I
I
Janet M. Pr~inito, CMC
City Clerk
(Corporate Seal)
Page 3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORln
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.2
Requested City Commission
Meeting Dates
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
September 18, 2007
Is! ,.e~
October 2,jp07
,Jpd lLdw-}
August 6,2007 ONoon.) 0 October 16,2007
August 20,2007 (Noon) 0 November 7,2007
September 3, 2007 ONoon) 0 November 20,2007
September 17, 2007 ONoon) 0 December 4,2007
October I, 2007 (Noon
o August 21, 2007
o
~
~
October 15,2007 (Noon)
September 4, 2007
November 5, 2007 (Noon)
November 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
0 Announ cements/Presentations 0 City Manager's Report
0 Administrative 0 New Business
0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Approval of the attached Ordinance No. 07- _ amending Part III of the Land
Development Regulations, Chapter I, Article V Impact Fees and Dedications.
-
EXPLANATION: Staff has determined that, in light of the recent emergence of a unique type of
residential unit, commonly called a "Condominium Hotel Unit", essentially a hotel room owned by
private individuals, there was a need to include such a unit in the code. The fact that the City of
Boynton Beach has not defined and addressed such units in its code has resulted in confusion as to
how to treat them, particularly when it came to the application of parks and recreation facilities impact
fees and dedications. Therefore, the attached ordinance amendment is being proposed in the interests
of clarity and to insure that all such units are treated in a consistent manner.
PROGRAM IMPACT: N/A
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
ALTERNATIVES: The absence of such an ordinance amendment will result in continued confusion and
inconsistency in the application of park and recreation impact fees on these increasingly common
residential unit types.
~aM'
anager's Signature
Assistant to City Manager (#'
Department of Development
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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2
ORDINANCE NO. 07-
'"'
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING P ART III~ LAND DEVELOPMENT
REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT
FEES AND DEDICATIONS, BY AMENDING SECTION
3, SUBPARAGRAPH E; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, staff has recently reviewed the Parks and Recreation Impact Fee
Ordinance; and
WHEREAS, as a result of this review, staff recommends revising the definition for
residential unit to exclude hotels, condominium hotel units, extended stay hotel units or
timeshares; and
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
Article Y., Sections 3E are hereby amended follows:
Section 3. Establishment of parks and recreation facilities
impact fee or land dedications in lieu thereof.
E. DEFll\TITIONS. When used in this section, the following temlS shall have
the following meanings:
APPLICANT - The person or entity applying, or required by the city code to
apply, for a building permit for the construction of three or more dwelling units, or
for the construction of one or more dwelling units within a development of three or
more units. Applicant is synonymous with owner.
DWELLING - A living facility for one or more persons, such as a one-family
house, an apartment or a condominium.
IMPACT FEE - Park and recreation facilities impact fee.
OBLIGOR - Any person or entity who is obligated to pay a park and recreation
facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee
Ordinance.
S:\CA \OrdinancesIParks\Park Fee Ordinance (exclude hotels j090407doc
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PARK _ A public park within the city that is not owned or operated by the county.
RESIDENTIAL UNIT - An apartment, condominium, single-family detached
house, mobile home, single-family attached house or multi-family housing
established for human habitation. This excludes hotels, condominium hotel units,
extended stay hotel units or timeshares.
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Section 3.
Each and every other provision of Chapter 26, not herein specifically
8 amended shall remain in full force and effect as previously enacted.
9
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
10 same are hereby repealed.
11
Section 5,
Should any section or provision of this ordinance or portion hereof~
12 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
13 invalid, such decision shall not affect the remainder of this ordinance.
14
Section 6.
Authority is hereby granted to codify said ordinance.
15
Section 7.
This ordinance shall become effective immediately after passage.
S:\CA\Ordinances\Parks\Park Fee Ordinance (exclude hotels)090407.doc
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4 2007.
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23 ATTEST:
24,
25/1
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28/ Janet Prainito, City Clerk
")0
~../.
30
3 1 (CORPORA TE SEAL)
1
2
FIRST READING this _ day of_______~__, 2()O~.
SECOND, FINAL READING AND PASSAGE this
day of October,
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Car] McKoy
S:\CAIOrdinancesIParks\Park Fee Ordmance (exclude hotels)090407doc
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.3
'~.-"\vo,
V': ~t.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 ONoon,) 0
0 September 4, 2007 August 20, 2007 ONoon) 0
[2J September ~ 2007 . September 3, 2007 (Noon) 0
~ I sf ~ r September 17,2007 ONoon) 0
0;:2'1~
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
October 16, 2007 October 1,2007 (Noon
November 7,2007 October 15, 2007 (Noon)
November 20, 2007
November 5, 2007 (Noone
December 4, 2007
November 19,2007
~-':'"!fII,
(-
(NOO!}))
r',)
W
D Announcements/Presentations 0 City Manager's Report -:J
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal ...-
0 0 w
Code Compliance & Legal Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to amend Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled
"Pensions for Police Officers," and amend Section 18-172 providing for buyback of service.
EXPLANATION: On June 20, 2006 the City Commission adopted fmal Ordinance No. 06-036 which repealed Article III,
of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," and replaced it with a new
Article III, thereof to be entitled "Municipal Police Officers' Retirement Trust Fund". The new article was intended to
c1a.rify and compile all pension related ordinances into one clear and concise easy to read document entitled "Municipal
Police Offices' Retirement Trust Fund" and to comply with numerous amendments to Chapter 185 of the Florida Statutes.
On July 7,2006 the Ordinance was sent to the Florida Department of Management Services, Division of Retirement for their
review. Per the attached letter from Patricia Shoemaker, Benefits Administrator, several sections of the ordinance were not
in compliance with Chapter 185 and revisions to Ordinance No. 06-036 were recommended.
PROGRAM IMP ACT: The proposed ordinance rectifies the deficiencies noted by the state and the attached letter dated
August 17, 2007 from Ms. Henson summarizes the changes that were made to Ordinance No. 06-036. These amendments
allow the Police Officers Pension Plan to be in compliance with Chapter 185 of the Florida Statutes.
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FISCAL IMPACT: Based on the actuarial impact statement of December 1, 2006 and the subsequent review of the
proposed plan amendments by the Segal Company, the City's pension consultant, this proposed revision to Article III, of
Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," will result in no increase in
cost to the City.
ALTERNATIVES: NONE
~~~~
~~w,
Financial Service
Department Name
~ D/MJ
ty Attorn / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA.
4 AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTOl\
5 BEACH CODE OF ORDINANCES, ENTITLED "PENSIONS FOR
6 POLICE OFFICERS;" AMENDING SECTION 18-172 PROVIDING FOR
7 BUYBACK OF SERVICE;" PROVIDING FOR CODIFICATION;
8 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY:
9 AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
10
11 WHEREAS, the State Legislature of the State of Florida has enacted numerous
12 amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers'
13 Retirement Trust Funds; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
15 revise its Police Officers' Pension Ordinance in order to comply with State Statutes:
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
1? II THE CITY OF BOYNTON BEACH, FLORIDA:
18
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true
19 and correct and are incorporated herein by this reference
Section 2.
Section 18-167 of Article III of Chapter 18 ofthe Boynton Beach Code of
21 Ordinances is hereby amended as follows:
22 Section 18-167. Powers of the Board of Trustees.
23
24
25
A.
The Board of Trustees may:
1.
Invest and reinvest the assets of the Boynton Beach Police Officers'
Pension Fund in annuity and life insurance contracts of life insurance
CODING:
Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 1 of 11
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companies in amounts sufficient to provide, in whole or in part, the
benefits to which all the participants in the Pension Fund shall be
entitled under the provisions of this Article and pay the initial and
subsequent premiums thereon from the integral part of the Fund. If
current state contributions are adequate to fund minimum requirements
of Chapter 185, Florida Statutes additional State funds may be used to
provide benefits that exceed requirements of Chapter 185.
Invest and reinvest the assets of the retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank insured
by the Bank Insurance Fund, or a savings and loan association
insured by the Savings Association Insurance Fund which is
administered by the Federal Deposit LTlsura...Tlce Corporation or a
state or federal chartered credit union whose share accounts are
insured by the National Credit Union Share Insurance Fund.
b. The aggregate investment of Fund assets in:
(1) Obligations of the United States or obligations
guaranteed as to principal and interest by the
Government of the United States;
(2) Bonds issued by the State ofIsrael;
(3) Bonds or other evidences of indebtedness issued or
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guaranteed by a corporation organized under the laws of
the United States, any state or organized telTitory of the
United States, orthe District of Columbia. However, the
average rating of such investments in bonds shall be no
lower than AA-:
(4)
County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or of
any other state agency, which have been approved as to
legal and fiscal sufficiency by the state board of
administration; and
(5)
Obligations of any municipal authority issued pursuant to
the laws of this state; provided, however, that for each of
the five (5) years next preceding the date of investment
the income of such authority available for fixed-charges
shall have been not less than 1.5 times its average annual
fixed-charges requirement over the life of its obligations:
shall not at cost cxceed sixty fivc pcrcent (65~:)) of the
fund's assets; nor shall morc than ten porcent (l O%} of
the fund's assets be im'ested in the bonds or other
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certificates of indebtedness of anyone (1) issuing
company; not shall the aggregate of such in','ostment in
uny one (1) issuing company exceed threo percent (3%)
of the outstanding bonds or other certificates of
indebtedness of that company.
c. The aggregate investment of Fund assets in the common stock or
capital stock issued by a corporation organized under the laws of
the United States, any state, or organized territory ofthe United
States or the District of Columbia shall not, at market, exceed
sixty-five percent (65%) ofthe fund's assets; nor shall more than
five percent (5%) of the fund's assets be invested in common
stock or capital stock of anyone (1) issuing company; nor shall
the aggregate of such investment in anyone (1) issuing company
exceed five tffi:ee-percent (~-:3-%) of the outstanding common or
capital stock of that company. The Board of Trustees may invest
in foreign securities up to the limits permitted by Florida Statutes
SI85.06(b).
d. Real Estate, except that the aggregate investment of Fund assets
in Real Estate may not exceed ten percent (l0%) of assets.
Issue drafts upon the Boynton Beach Police Officers Pension Fund
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pursuant to this Article and rules and regulations prescribed by the Board
of Trustees. All such drafts shall be consecutively numbered and shall
be signed by the Chainllan and Secretary of the Board or their designee
and shall state upon their faces the purpose for which the drafts are
drawn. The City Treasurer shall retain such drafts v.'hen paid, as
permanent vouchers for disbursements made, and no money shall be
otherwise drawn from the Fund.
4.
Convert into cash any securities of the Fund as it may deem advisable,
having regard for the cash requirements of the fund.
5.
Keep complete record of all receipts and disbursements and of the
Boards, acts and proceedings.
6.
The Board of Trustees may cause any investment in securities held by it
to be registered in or transferred into its name as trustee or into the name
of such nominee as it may direct but the books and records shall at all
times show that all investments are part of the Fund.
B.
The sole and exclusive administration of, and the responsibilities for. the proper
operation of the retirement fund and for making effective the provisions of this
chapter are vested in the Board of Trustees.
c.
The Board of Trustees shall retain a professionally qualified independent
consultant who shall evaluate the perfom1ance of any existing professional
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money manager and shall make recommendations to the Board of Trustees
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regarding the selection of money managers, if necessary.
The term
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"professionally qualified independent consultant" shall have the meaning as set
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forth in Florida Statutes S 185.06(5)(b), Florida Statutes.
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The Board of Trustees may employ such independent professional, technical or
D.
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other advisers as may be needed to fulfill the Board's responsibilities under this
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Pension Plan. These professionals include but are not limited to: legal counsel,
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actuary and certified public accountants. If the Board chooses to use the City's
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legal counsel, actuary or other professional, technical or other advisers, it must
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do so only under terms and conditions acceptable to the Board.
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Section 3.
Paragraph E of Section 18-169 of Article III of Chapter 18 of the Boynton
12 Beach Code of Ordinances is hereby amended as follows:
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14 Section 18-169. Requirements for Retirement-Benefit Amounts.
15
* * *
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E.
Separation from Service.
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1.
Effective for terminations on and after October 1, 2002, if a member
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leaves the service of the City before accumulating aggregate time of 5
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years toward retirement and before being eligible to retire, such member
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shall be entitled to a refund of all of his or her contributions made to the
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Section 4.
Fund, without interest.
2.
If any member who had been in the service of the City for at least ten
(10) years elects to leave his or her accrued contributions in the Fund,
such police officer upon attaining age fifty (50) years or more (\\'ithout
reaching what would have been twenty years of service had he not
terminated his employment) may receive an early retirement benefit at
the actuarial equivalent of the amount of such retirement income
otherwise payable to him or her at early retirement or upon attaining
what would have been normal retirement had he not tem1inated his
employment, such police officer may receive his or her accrued nonnal
retirement benefit.
3.
Effective for terminations after October 1,2002, ifanymemberwho had
been in the service ofthe City for at least five (5) years elects to leave his
or her accrued contributions in the Fund, such police officer, upon
attaining what would have been the earliest normal retirement had he not
terminated his or her employment, may receive the accrued normal
retirement benefit. The member mav receive the benefits pavable in the
normal form or any option available under Section 18-170.
Section 18-172 of Article ill of Chapter 18 of the Boynton Beach Code of
20 Ordinances is hereby amended as follows:
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1 Section 18-172. Buy Back of Service
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A.
Re-employment.
When any former police officer ofthe city is re-employed,
he will become a member of the plan upon re-employment as a full time
permanent police officer. When a former police officer of the City is re-
employed and had withdrawn contributions previously made to the plan, he may
reinstate his previous service provided upon satisfaction of each of the following
conditions:
1.
The break in city employment is not more than sixty (60) months; and
2.
The plan is paid the total amount previously withdrawn (consisting of
accumulated member contributions plus any interest previously paid by
the plan on those contributions) within six months of re-emplovment.
This total amount is brought forward with interest for the total number of
months from the date of withdrawal to the date of repayment, calculated
to the nearest month. This calculated amount equals the amount to be
repaid to the Plan in a lump sum. The interest to bring forward the total
amount will be at the equivalent compound monthly rate derived from
the eaming rate assumed by the actuary in the most recent actuarial
valuation submitted to the Division of Retirement pursuant to Chapter
112, Part VII, Florida Statutes.
B.
Prior police officer service.
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Unless otherwise prohibited by law, the years or fractional parts of years that a
police officer previously served as a police officer '.vith the city during a period
of employment and for which accumulated contributions were withdrm",n from
the fund, or the years and fractional parts of years that a police officcr served as a
police officer for this or any other municipal, county, or state police department
or service in the military shall be added to the years of credited service provided
that:
1.
The police officer contributes to the Fund the sum that would have been
contributed, based on the police officer's salary and the employee
contribution rate in effect at the time that the credited service is
requested, had the police officer been a member of this system for the
years or fractional parts of years for which the credit is requested plus
amount actuarially determined such that the crediting of service does not
result in any cost to the Fund plus payment of costs for all professional
services rendered to the Board in connection with the purchase of years
of credited service.
2.
Payment by the police officer of the requirement amount may be made
within six (6) months of the request for credit and in one (I) lump sum
payment, or the police officer can buyback this time over a period equal
to the length of time being purchased or five (5) years, whichever is
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Section 5.
greater, at an interest rate which is equal to the Fund's actuarial
assumption. A police officer may request to purchase a maximum of
five (5) years of service. No credit shall be given for any service until all
years of service which are to be repurchased, have been repurchased.
3.
The credit purchased under this section shall count for benefit
computation purposes, but not for vesting.
4.
In no event, however, may credited service be purchased pursuant to this
section for prior service with any other municipal, county or state police
department, if such prior service forms or will form the basis of a
retirement benefit or pension from another retirement system or plan.
This sub-paragraph does not apply to military service.
It is the intention ofthe City Commission of the City of Boynton Beach
13 that the provisions ofthis Ordinance shall become and be made a part ofthe Code of Ordinances
14 of the City of Boynton Beach, Florida. The Sections ofthis ordinance may be renumbered, re-
15 lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or
16 phrase in order to accomplish such intention.
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Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
18 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
19
Section 7.
If any clause, section, or other part or application of this Ordinance shall
20 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
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unconstitutional or invalid part or application shall be considered as eliminated and so not
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effecting the validity ofthe remaining portions or applications remaining in full force and effect.
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Section 8. This Ordinance shall become effective upon passage.
FIRST READING this _ day of
.2007.
SECOND, FINAL READING AND PASSAGE this _ day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, CMC
City Clerk
(CORPORA TE SEAL)
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HANSON. PERRY & JENSEN, P.A.
400 ExECUTIVE CENTER DRIVE, SUITE 207 - WEST PALM BEACH, FLORIDA 33401-2922
.L HANSON*
Ian son @hp]law.com
ANN H. PERRY
aperry@hpjlaw.com
BONNI SPATARAJENSEN
bs)ensen@hp)law.com
TELEPHONE (561) 686.6550
FACSIMILE (561) 686.2802
August 17, 2007
. ALSO ADMITTED IN N. Y.
VIA EMAIL DELIVERY
Bill Mummert, Finance Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
MummertB@ci.boynton-beach.fl,us
Re: Boynton Beach Municipal Police Officers
Pension Fund
Pension Plan Document
File No.: 0188.0050
Dear Bill:
Pursuant to our telephone conversation, below is a summary of the proposed
amendment to the Boynton Beach Municipal Police Officers Pension Fund ("Fund")
Plan Document ("Plan").
In response to the City's Ordinance 06-036, the State of Florida Division of
Retirement Municipal Police Officers and Firefighters Pension Trust Funds Office (UMPF
Office") sent the enclosed letter dated July 28,2006. To address the issues contained
in that letter, the Board of Trustees of the Fund responded by proposing the enclosed
amendment to the Plan.
In summary, the proposed amendment provides as follows:
Ordinance Section 1 - page 3, lines 18 - 20 and page 4, lines 1 - 5 - Deletes the
limitation on municipal bonds contained in sub-subparagraph (5) which is a
verbatim recitation of the limitation contained in subparagraph c. The language
appears in sub-subparagraph (5) by mistake. Additionally subparagraph c is
amendment to mirror the state law provision of Florida Statutes 9185.06(1 )(b)4b
regarding the limitations on investments in anyone issuing company to 5%.
Ordinance Section 3 - page 7, lines 15, 17 and 18 - Adds clarifying language to indicate
that distribution will be upon reaching the earliest retirement date. It also
~~
Bill Mummert, Finance Director
City of Boynton Beach
August 17, 2007
Page 2 of 2
provides that these participants are entitled to chose from amongst the optional
forms of benefits available under the Plan.
Ordinance Section 4 - page 8 lines 6 -9 and line 11 and page 9, lines 2 - 5 - Amends
the section to comply with the provisions of Florida Statutes ~185.02(5)(a). The
change allows the member to make repayment within 6 months of re-
employment and removes the 5 years break in service provision. Also clarifies
the buyback provisions to make this section consistent with the provisions of the
Plan's definition of creditable service and the provisions of Florida Statutes
~185.02(5)(a).
I have also enclosed for your reference a copy of the actuarial impact statement
prepared by the Fund's Actuary, Gabriel, Roeder, Smith and Company.
If you have any questions regarding this matter, please do not hesitate to contact
me.
Si'JGrre1y yours, A (~\
'i~\
Bonni S. Jens(n'-..J
Copy to: Chairman and Secretary
Barbara LaDue
H:\BB 0188\City\mummert August 17.wpd
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the fund.
E~C{( ph
-(1[JfY\
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Section 18-167. Powers of the Board oHIrustees.
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A. The Board of Trustees may:
4
1.
Invest and reinvest the assets of the Boynton Beach Police Officers'
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Pension Fund in annuity and life insurance contracts of life insurance
6
companies in amounts sufficient to provide, in whole or in part, the
7
benefits to which all the participants in the municipal police officers,
8
rotiremeHt troGt fund Pension Fund shall be entitled under the provisions
9
of this ordinance Article and pay the initial and subsequent premiums
10
thereon from the integral part of the Fund. If current state contributions
11
are adequate to fund minimum requirements of Chapter 185, Florida
12
Statutes additional State funds may be used to provide benefits that
13
exceed requirements of Chapter 185.
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2.
Invest and reinvest the assets ofthe retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank insured
17
by the Bank Insurance Fund, or a savings and loan association
18
insured by the Savings Association Insurance Fund which is
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administered by the Federal Deposit Insurance Corporation or a
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state or federal chartered credit union whose share accounts are
21
insured by the National Credit Union Share Insurance Fund.
22
b.
The aggregate investment offEund assets in:
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(1) Obligations ofthe United States or obligations guaranteed
as to principal and interest by the Government of the
United States;
(2) Bonds issued by the State ofIsrael;
(3) Bonds or other evidences of indebtedness issued Dr
guaranteed by a corporation organized under the laws of
the United States, any state or organized territory of the
United States, or the District of Columbia. However, the
average rating of such investments in bonds shall be no
lower than AA-;
(4) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or of
any other state agency, which have been approved as to
legal and fiscal sufficiency by the slate board of
administration; and
(5) Obligations of any municipal authority issued pursuant to
the laws of this state; provided, however, that for each of
the five ill years next preceding the date of investment
the income of such authority available for fixed-charges
shall have been not less than 1.5 times its average annual
fixed-charges requirement over the life of its obligations;
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shall not at cost exceed sixty-five percent (65%1 of the
fund's assets; nor shall more than ten percent (10%} oflhe
fund's assets be invested in the bonds or other certificates
of indebtedness of anyone ill issuing company; not shall
the aggregate of such investment in anyone ill issuing
company exceed three percent (3%} of the outstanding
bonds or other certificates of indebtedness of that
company.
c. The aggregate investment of fEund assets in the common stock or
capital stock issued by a corporation organized under the laws of
the United States, any state, or organized territory of the United
States or the District of Columbia shall not, at market, exceed
sixty-five percent (65%} of the fund's assets; nor shall more than
five percent (5%} of the fund's assets be invested in common
stock or capital stock of anyone !.l.Lissuing company; nor shall
the aggregate of such investment in anyone ill issuing company
exceed three percent (3%} of the outstanding common or capital
stock of that company. The Board of Trustees may invest ~
ton percent (10~<.) of plan assets in foreign securities up to the
limits permitted by Florida Statutes S I 85.06(b ).
d. Real Estate, except that the aggregate investment of fEund assets
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COnING:
in Real Estate may not exceed ten percent ( 1 O%} of assets.
3. Issue drafts upon the Boynton Beach Police Officers Pension Fund
pursuant to this ordinance Articleandrules and regulations prescribed by
the Board of Trustees. All such drafts shall be consecutively numbered
and shall be signed by the Chainnan and Secretary of the Board or their
designee and shall state upon their faces the purpose for which the drafts
are drawn. The City Treasurer shall retain such drafts when paid, as
permanent vouchers for disbursements made, and no money shall be
otherwise drawn from the Fund.
4. Convert into cash any securities of the Fund as it may deem advisable,
having regard for the cash requirements oft~e fund,
5. Keep complete record of all receipts and disbursements and of the
Boards, acts and proceedings.
6. The aBoard of t- Irustees may cause any investment in securities held by
it to be registered in or transferred into its name as trustee or into the
name of such nominee as it may direct but the books and records shall at
all times show that all investments are part of the fEund.
The sole and exclusive administration of, and the responsibilities for, the proper
operation of the retirement fund and for making effective the provisions of this
chapter are vested in the aBoard of tlrustees.
The Board of Trustees shall retain a professionally qualified independent
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or personal representatives of such deceased member shall be entitled to a
refund of 100% of the contributions made by the member to the Fund, without
interest.
Separation from Service.
1-. Effective for terminations on and after October 1, 2002, if a member leaves the
service of the City before accumulating aggregate time of 5 years toward
retirement and before being eligible to retire, such member shall be entitled to a
refund of all of his or her contributions made to the Fund, without interest.
2. If any member who had been in the service of the City for at least ten (10} years
elects to leave his or her accrued contributions in the Fund, such police officer
upon attaining age fifiyJ501 years or more (without reaching what would have
been twenty years of service had he not terminated his employment) may
receive an early retirement benefit at the actuarial equivalent of the amount of
such retirement income otherwise payable to him or her at early retirement or
upon attaining what would have been normal retirement had he not terminated
his employment, such police officer may receive his or her accrued normal
retirement benefit.
3. Effective for terminations after October 1, 2002, if any member who had been in
the service of the City for at least five (51 years elects to leave his or her accrued
contributions in the Fund, such police officer, upon attaining what would have
been normal retirement had he not terminated his or her employment, may
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receive the accrued normal retirement benefit. Fla. Stat. Chapter 185; Ord. No,
02-063, 92.
Monthly Supplemental Benefits.
I. Effective October 1, 2006, any eligible retiree, including DROP participants, or
beneficiary receiving pension benefits is entitled to a monthly supplemental
pension benefit. The benefit pool will be funded by one hundred percent
fl OO%} of the annual earnings and ten percent (l0%} of the principal created by
the contributions set forth in sub-paragraph 12..4 below.
a. Such benefit will be funded by a one (1 %) contribution from the
Members and a one (1%) contribution from the 185 monies. The
Member and the 185 contributions shall be effective October 1,
2001. Employees will contribute to this benefit through twenty
(20) years of service.
b. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The shares
shall be determined based upon the sum of an eligible retiree's
years and partial years of credited service (maximum credit is
twenty (20) years) plus the eligible retiree's years and partial
retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall be
determined by totaling all of the shares of eligible retirees divided
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B. If a deceased member officer failed to name a beneficiary in the manner
prescribed above in subsection -i-A, or if the. beneficiary (or beneficiaries)
named by the deceased member predeceases the member, the death benefit, if
any, which may be payable under the plan with respect to such deceased police
officer may be paid at the discretion of the Board of Trustees to the estate of the
deceased member, provided that the a-Board of tIrustees may direct that the
commuted value of the remaining monthly income payments be paid in a lump
sum. Any payment made to any person pursuant to this section shall operate as
a complete discharge of all obligations under the plan with regard to such
deceased member and shall oot,~.ubject to review by anyone, but shall be
final, binding and conclusive on all persons ever interested hereunder.
Section 18-172. Buy Back of Service
A. Re-emp10yment. When any former police officer of the city is reemployed, he
will become a member of the plan upon re-employment as a full time pennanent
police officer. When a fonner police officer of the City
is re-employed and had withdrawn contributions previously made to the plan, he may
reinstate his previous service upon satisfaction of each of the following conditions:
1. The break in city employment is not more than sixtv (60} months; and
2. The plan is paid the total amount previously withdrawn (consisting of
accumulated member contributions plus any interest previously paid by
the plan on those contributions). This total amount is brought forward
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CODlNG:
with interest for the total number of months from the date of withdrawal
to the date of repayment, calculated to the nearest month. This calculated
amount equals the amount to be repaid to the Plan in a lump sum. The
interest to bring forward the total amount will be at the equivalent
compound monthly rate derived from the earning rate assumed by the
actuary in the most recent actuarial valuation submitted to the Division
of Retirement pursuant to Florida Statutes c Chapter 112, Jr-E.art VII,
Florida Statutes. (Ord. No. 96-05, S 1,3-696).
Prior police officer service. Unless otherwise prohibited by law, the years or
fractional parts of years that a police officer previously served as a police officer
with the city during a period of employment and for which accumulated
contributions were withdrawn from the fund, or the years and fractional parts of
,years that a police officer served as a pollce officer for this or any other
municipal, county, or state police department or service in the military shaIl be
added to the years of credited service provided that:
1. The police officer contributes to the fEund the sum that would have been
contributed, based on the police officer's salary and the employee
contribution rate in effect at the time that the credited service is
requested, had the police officer been a member of this system for the
years or fractional parts of years for which the credit is requested plus
amount actuarially determined such that the crediting of service does not
Words in strike trn-ough type are deletions from existing law;
Words in underscore type are additions.
S:\CA \PENS 10N\POLlCE\Restatement 03-01-06.doc
Page 37 of 63
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II
result in any cost to the fEund plus payment of costs for all professional
services rendered to the e~oard in connection with the purchase of years
of credited service,
2. Payment by the police officer of the requirement amount may be made
within six @ months of the request for credit and in one OlJump sum
payment, or the police officer can buy back this time over a period equal
to the length of time being purchased or five ill years, whichever is
greater, at an interest rate which is equal to the .(Eund's actuarial
assumption. A police officer may request to purchase a maximum of
five (5) years of service. No credit shall be given for any service until all
years of service which are to be repurchased, have been repurchased.
3. The credit purchased under this section shall COW1t for benefit
computation purposes, but not for vesting.
4. In no event, however, may credited service be purchased pursuant to this
section for prior service with any other municipal, county or state police
department, if such prior service fonns or will form the basis of a
retirement benefit or pension from another retirement system or plan.
This paragraph does not apply to military service.
Section 18-173. Rollovers
A. Direct transfers of eligible rollover distributions.
1. General. This subsection applies to distributions made on or after
CODWO: Words in strilce through type are deletions from existing law;
Words in underscore type are additions.
Page 38 of63
S:\CA \PENSION\PO LlCE\Rc:statcmcnt OJ-Ol-06.doc
DEPARTMENT OF MANAGEMENT
SERVICES
''We serve those who
serve Florida."
JEB BUSH
Governor
Tom Lewis, Jr.
Secretary
MyAorida.com
Division of Retirement
Municipal Police Officers' &
Firefighters' Retirement
Trust Funds Office
PO Box 3010
Tallahassee, Florida
32315-3010
Telephone:
Toll Free:
877-RET-MPFP
(877-738-6737)
Local:
850-922-0667
Fax:
850-921-2161
Internet:
wwwMyFloridacnm/fn;/mpf
E-Mail:
mpf@dms.myfI.orida.com
L.AJi n \ U I ,
July 28, 2006
AUG - 2 2006
Ms. Bonni S, Jensen
Hanson, Peny & Jensen, P. A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401-2922
Dear Ms. Jensen:
This is to acknowledge receipt of your July 7 letter with attached actuarial
impact statement and final Ordinance No. 06-036 amending and revising the
Police Officers' Retirement Plan.
In reviewing the ordinance to determine compliance with the provisions of
Chapter 185, F. S., please consider the following comments:
Page 6, nwnber 4 "Creditable service," paragraph (~) states that no police
officer will receive credit for years or fractional parts of yeas of service if he
has withdrawn his contributions to the fund, unless the officer repays into the
fund tb,e amount he has withdrawn, plus interest as determined by the board
in accordance with s. 18-172.
/
Page 36, Section 18-172, provides for the "Buy Back of Service," and
provides that a police officer may reinstate bis previous service upon the
satisfaction of the following conditions: 1. The break in city employment is
not more than 60 months.
i/
This provision should be amended to comply with s. 185.02(5)(a), allowing
the police officer to receive credit for any prior service as long as he repays
his contribution, plus interest into the fund. He has at least 90 days after
reemploY'..nent to make such repayment. There are no restrictions found in
the statutes pertaining to breaks in emplo~ent.
~
Further, on page 37, paragraph B "Prior police officer service," provides that
unless otherwise prohibited by law, the years or fractional parts of years that
a police officer previously served as a police officer with the city during a j
period of employment and for 'which accumulated contributions were
withdrawn from the fund, or the years and fractional parts of years that a
police officer served as a police officer for this or some other department or
[service in the military] shall be added to the years of credited service
provided that...the police officer contribute an amount actuarially determined
such that the. crediting does not result in any cost to the fund. /
Again, this provision should be amended in compliance with s, 185.02(5)(a)
as explained above.
July 28, 2006
Page 2
Paragraph B appears to include the purchase of prior [service in the military]; however, on page 38; at
the very bottom of that section, under paragraph 4, there is a statement added which says, "This
paragraph does not apply to military service." What is the intent of this sentence?
/.
Page 15, Section 18-167, "Powers of the Board of Trustees," paragraph c, appears to expand the
Board's investment parameters from the statutory 50% to 65% for common or capital stock, but it
restricts such inves1ments to d % of the outstanding common or capital stock of that company. This
provision should be amended to comply with s. 185.06(1)(b)4b, which provides that the aggregate of
such investment in anyone issuing company shall not exceed ~% of the outstanding common or
capital stock of that company. The inves1ment parameters may be liberalized (with the exception of
the 10% foreign restriction), but may not be ree;tricted below the statutory parameters. A similar
provision is found above this language in paragraph (5), however, it appears to apply to obligations of
municipal authority...or it may be a typo that OCCUlTed as this section was cut and pasted. At any rate,
you may wish to review this whole section. .
~
Page 26, paragraph E, "Separation from Service," number 3, provides that effective October 1, 2002,
if a member who bas been in the service of the City for at least 5 years elects to leave his accrued
contributions in the fund, such police officer upon attaining what would have been his nonnal
retirement had he liot terminated employment, may receive his accrued normal retirement benefit. ,~
(Ordinance No. 02-063). By the term "accrued normal retirement benefit" does this mean he will
receive a monthly retirement benefit based on the normal or optional form selected by the member?
H.s>w nop.~ th;s-Pl"ovision work in conjunction with Section 18-168. "Norrual Retirement.," ~hich
provides that a member shall become eligible for a retirement benefit after 20 years of service, upon
reacnmg age ::>5 wrtli I U years ot service, or age 50 with 15 years of service? -
Please review and provide an explanation andlor a copy of the proposed ordinance making the
necessary changes.
ThaDk you for your cooperation and assistance in this matter.
Sincerely,
r9~~ J:,f)/~
Patricia F. Shoemaker
Benefits Administrator
Municipal Police Officers' and
Firefighters' Retirement Funds
pfs
cc: Gary Chapman, Chairman
Toby Athol, Secretary
Barbara LaDue, Pension Administrator
J. Stephen Palmquist, Plan Actuary
Charles Slavin, Actuary, Division of Retirement
y
r~ SEGAL
THE SEGAL COMPANY
2018 Powers Ferry Road. Suite 850 Atlanta, GA 30339-5003
T 678.306.3100 F 678.306.3190 lNWW.segalco.com
August 15, 2007
Mr. Bill Mummert
Director of Financial Services
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Review of Proposed Police Officer Pension Plan Amendment which addresses
changes outlined in the letter from the State dated July 28, 2006
Dear Bill:
The following summarizes our review of the above proposed changes.
Proposed changes:
In the above noted letter, Patricia Shoemaker outlines certain plan provisions that require
modification to bring the Plan into compliance with particular items of Chapter 185. These items
include adjustment to certain investment parameters, details on rules associated with service buy
backs and the benefit provided a terminated vested employee at retirement.
Impact on plan funding:
These changes are administrative in nature and are not anticipated to affect plan funding.
Projection of required contributions:
The proposed changes are not anticipated to affect required plan contributions.
Please feel free to contact me at 678-306-3119 to discuss any of the above items.
Sincerely,
~?/
Leon F. (Rocky) Joyner, Jr.
Vice President and Actuary
6107562v1/07011.002
Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON. D.C
)tf..~". Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE
A rjjoc MEXICO CITY OSLO PARIS
GRS
Gabriel Roeder Smith & Company
Consultants & Actuaries
301 East Las Olas Blvd.
Suite 200
Ft. Lauderdale, FL 33301-2254
954.527.1616 phone
954.525.0083 fax
www.gabrielroeder.com
December 1,2006
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....-
BonniS.Jensen, Esq.
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401-2922
Re: Boynton Beach Police Officers Pension Fund
Dear Bonni:
We have reviewed the draft of the amendment that addresses changes outlined in the
letter by Trish Shoemaker dated July 28, 2006. It is our opinion that the proposed
changes included in the document will have no actuarial impact on the Fund.
W.e welcome your questions and comments.
Sincerely yours,
~p~
J. Stephen Palmquist 0
JSP/rb
cc: Barbara LaDue
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 ONoon.) 0 October 16, 2007 October I, 2007 ONoon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18,2007 September 3, 2007 ONoon) 0 November 20, 2007 November 5, 2007 (Noon)
~ October 2, 2007 September 17, 2007 ONoon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve an Ordinance amending Chapter 23 of the Code of Ordinances of the City of
Boynton Beach by adding a new division 4 to impose a ten (10%) percent utility tax on the purchase of water service within
the City.
EXPLANATION: The City of Boynton Beach is authorized to levy a Public Service Tax on the purchase of water
service within the City, pursuant to Chapter 166.231 Florida Statutes. The City has not increased or expended the scope of
utilities subject to public services since 1989 when it fIrst levied a service tax on electrical, fuel, and gas but not on water
services. The City Commission has determined that the Public Service Tax on water should be established at ten (10%)
percent.
PROGRAM IMP ACT: Since the City already imposes a Public Service Tax on the utilities, the addition of water as a
taxable category will have no significant program impact.
FISCAL IMPACT: The levy of the Public Service Tax on water will generate additional tax revenue to the City.
AL TERNA TIVES: Impose no Public Service Tax or a Public Service Tax less than 10 percent.
\c
Department Head's Signature
Assistant to City Manager
~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 23, ARTICLE II OF THE
5 CODE OF ORDINANCES OF THE CITY OF BOYNTON
6 BEACH, ENTITLED "PUBLIC SERVICE TAX" BY ADDING
7 A NEW DIVISION 4 TO IMPOSE A TEN PERCENT (10%)
8 UTILITY TAX ON THE PURCHASE OF WATER SERVICE
9 WITHIN THE CITY; PROVIDING FOR A.~ EFFECTIVE
10 DATE OF THE LEVY, SEVERABILITY, CONFLICT,
11 CODIFICATION AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City Commission of the City of Boynton Beach is charged with
14 protecting and preserving the public health, safety and welfare of the citizens, residents and
1 5 guests of the City of Boynton Beach; and
16 WHEREAS, the City of Boynton Beach (the "City"), a municipal corporation organized
17 and operating under the laws of the State of Florida, desires to levy a public utility tax on the
18 I I purchase of water service within the City, as authorized by the provisions of Chapter ] 06 and
19 203, Florida Statutes; and
20 WHEREAS, the City has not increased or expended the scope of utilities subject to
21 public services taxes since 1989 when it first levied a service tax on electrical, fuel, and gas, but
22 not on water services; and
23 WHEREAS, the City Commission has determined that the Public Utility Tax should be
24 established at ten percent (10%) of the payments received by the seller of the taxable item from
25 the purchaser of any water service as authorized by Chapter 166 , Florida Statutes; and
26 WHEREAS, the City Commission has detem1ined that the public health. safety and
27 welfare requires that said utility tax be imposed in order to maintain effective and efficient
28 services and defray the cost thereof.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 1 of 4
1
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clause is true and correct and
ratified and confirmed by the City Commission.
Section 2. Article II, Public Service Tax, of Chapter 23 of the Code of Ord
of the City of Boynton Beach, Florida is hereby amended to add a new Division 4, to
follows:
DIVISION 4 WATER SERVICE
SECTION 23.100 LEVIED.
Effective April L 2008, there is hereby imposed and levied upon each and every
purchase of water service within the City a tax in the amount specified in section 23.101
hereof, to be collected as hereinafter provided.
SECTION 23.101 AMOUNT OF TAX.
There is hereby levied and imposed by the City, upon every purchase of water services in
the corporate limits of the City, included in or reflected by the authorized utility
franchisee to the purchaser hereunder, a tax of ten (10) percent. The total amount of
taxes due pursuant to this section shall be computed to the nearest whole cent.
SECTION 23.102 APPLICATION OF TAX.
The tax hereby imposed and levied shall apply to the purchase of water service,
furnished periodically after installation or connection and shall not be applicable to
installation costs, meter deposits, deposits guaranteeing payment or other charges made
by the authorized utility franchisee for availability of service to the consumer.
- ---- - -
SECTION 23.103. CITY'S RESPONSIBILITY.
The City is required and it shall be its duty to render to each purchaser, bills at least once
a month, covering all the purchases of water service, and the amount of the tax imposed
hereunder shall be entered and shown by it as a separate item on each such bill and shall
become due and payable to the City whenever such bill becomes due and payable to the
City. Each such bill shall include purchases applicable to but one (1) location, or to but
one (1) family or business where more than one (1) family or business uses separate
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 2 of 4
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hereby
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mances
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read as
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metered services at one (l) location in the corporate limits ofthe City.
SECTION 23.104 FUEL ADJUSTMENT CHARGE.
The tax imposed by this article shall not be applied against any fuel adiustment charge,
and such charge shall be separately stated on each bill. Fuel adiustment charge shall
mean all increases in the cost of utility service to the ultimate consumer resulting from an
increase in the cost of fuel to the utility subsequent to October 1, 1973.
SECTION 23.105 COLLECTION OF TAX.
The authorized utility franchisee is hereby authorized and required and it shall be its duty
to collect the tax imposed hereunder from such purchaser at the time of payment of each
such bill. and to report and pay over, on or before the 20th of each fiscal month to the
City, all such taxes levied and collected during the preceding fiscal month. The Citv
manager of the City shall cause to be brought all suits and actions and to take all
proceedings in the name of the City as may be necessary for the recovery of such tax.
SECTION 23.106 PAYMENT OF TAX.
The purchaser is required and it shall be the purchaser's duty to pay the tax imposed
I hereunder to the authorized utility franchisee as agent for the City at the time of payment
of each such bill.
I
SECTION 23.107 FAILURE TO PAY TAX.
(a) It shall be unlawful for any purchaser of water services to evade the
payment ofthe tax imposed herein or any part thereof, or to fail or neglect to pav such tax
within thirty (30) days after same has become due and payable.
(b) If the purchaser shall fail, neglect or refuse to pay such tax, the Citv is
hereby empowered to discontinue to make any further sales or to render any further water
service to the purchaser until the total amount, including such tax as is imposed
hereunder, shown upon such bill has been paid in full, provided that such discontinuation
of water service shall only occur when the procedures required by City regulations and
State law have been satisfied.
SECTION 23. 1 08 CONFORMANCE WITH STATE LAW
It is the City's intent by the adoption of this regulation to impose no more than the
maximum public service tax authorized by Chapter 166, Florida Statutes. In the event of
a conflict with any provisions of Chapter 166 and these regulations the provision of
Chanter 166 shall control and these reQ1]lations shall be intemreted to conform with the
orovisions of state statute.
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 3 of4
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_~_8~ 1--_
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33 ATTEST:
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SECTION 23.109
GRANT OF AUTHORITY TO ADMINISTER TAX
The City Manager is granted authority to enact administrative regulations and procedures
to implement the billing, collection and enforcement of the water service tax, provided
the regulations and procedures are consistent with the procedures and regulations
required by state law. All administrative procedures and regulations shall be in writing
and the form and substance approved by the City Attorney.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
10
hereby repealed to the extent of such conflict.
11
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
12
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
13
way affect the validity of the remaining portions of this Ordinance.
14
Section 5.
This ordinance shall become effective as provided by law.
1 5 Passed on the first reading, this
day of
,2007.
16 Passed on the second reading, this
day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 4 of 4