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Agenda 06-19-01The City of Boy nton Beach ~00 £. Boynton Beach BouleYard ($6~) ?42-6000 City Commission AGENDA JUNE 19, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager II II1! DISTI ! Visit our Web site www.ci.boynton-beach.fl.us · ¢,~1#~###! ~,~ l/',//#,~ f~' t~ Mill~##/#,e WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT cz'rY OF BOYNTON BEACH COMMISSION MEETINGS HE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes &, Nays" or by a roll call vote. SPEAKING AT COMMISSION-MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, City Commission meetings are 'business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by ~he Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has egun. Public Hearings: Any dUzen 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. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. 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. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. DDRESSING THE COMMISSION: /hen your name is called, please step up to either podium and state, for the record, your name and address. IECORUt4: ,ny person making impertinent or slanderous remarks or who becomes boisterous while addressing the :ommission will be barred from further audience before the Commission by the presiding officer, unless ,ermission to conUnue or again address the Commission is granted by the majority vote of the Commission lembers present. ~Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission ~lYleeUng ~s ~n session. ity Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meeUngs 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). ]une 19, 2001 Note: .CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P,M, Workshop on Fire Assessment Process and Program - 5:00 p.m. on 3une 19, 2001. Location is City Commission Chambers OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation, Rev. George Sweeting, Church of God C. Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPR/ATE REQUEST FORM · GIVE 11' TO THE CI'I~Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORT/ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, PUBI.~C AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTAT/ONS III, ADMINISTRAT/VE: Accept resignation of Dick Lambert, Alternate Member, Code Compliance Board Appointments to be made: Appointment Length of Term To Be Made --- Board Expiration Date Mayor Broening Children & Youth Advisory Bcl Stu/Reg/NonVoting I yr term to 4/02 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt I yr term to 4/02 IV Fisher Cemetery Board Reg 3 yr term to 4/04 CT'abled-2) (Tabled-2) (Tabled-2) (Tabled-2) C:~TY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMISSZON 3UNE 19, 2001 Mayor Broening Code Compliance Board Alt I yr term to 4/02 Mayor Broening I Weiland 1I McCray Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Stu 2 yr term to 4/03 (Tabled-2) ! yr term to 4/02 (Tabled-2) ! yr term to 4/02 (Tabled-2) ]IV Fisher Mayor Broening Golf Course Advisory Committee Alt Golf Course Advisory Committee Alt 5 yr term to 6/06 (Tabled-2) 5 yr term to 6/06 CTabled-2) Mayor Broening Library Board Reg 3 yr term to 4/04 (Tabled-2) Mayor Broening I Weiland Nuisance Abatement Board Nuisance Abatement Board Reg Alt 2 yr term to 4/03 (Tabled-2) i yr term to 4/02 (Tabled-2) ! Weiland Recreation & Parks Board Alt I yr term to 4/02 (Tabled-2) Mayor Broening I Weiland II McCray Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg Reg Alt 2 yr term to 4/03 (Tabled-2) 2 yr term to 4/03 (Tabled-2) i yr term to 4/02 (Tabled-2) ZV. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: Palm Beach County Immunization Van will be at the Boynton Beach Civic Center on Saturday, June 30, 2001, from 10 AM until 2 PM m Invitation for the community to participate in the 2001 Multicultural Festivities on Saturday, June 30, 2001, from 12 noon to 6 PM at the Children's Museum Plaza on Ocean Avenue B. Presentations: 1. Proclamations: "Code Enforcement Officers' Appreciation Week"- June 25-29, 2001 V. 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. Min utes: 1. Agenda Preview Conference of May 31, 2001 2 c~rYOF BOYNTON BEACH AGENDA REGULAR CZTYCOMMZSSZON 3UNEZ~ 2001 2. Regular City Commission Meeting of June 5, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS," Bid #062-2510-01/KR, to Waste Manufacturing Co., Inc. d/b/a Industrial Refuse Sales, for an estimated expenditure of $180,000 Award "MODIFICATION TO THREE (3) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMPLEX," Bid #058-2413-01/C]D to Bradley Heating and Air Conditioning, Inc. in the amount of $23,189 (PROPOSED RESOLUTION NO, R01-202) Extend "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES," Bid #071-2511-01/KR, to Golden Mark Florida Corp./One Source of Hollywood, Florida for an estimated annual expenditure of $117,075.60 Extend "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM," Bid #072-2821-00/C__.lD, to Invensys Meter Systems (formerly known as Sensus Technologies, Inc.) for an additional year for an estimated annual expenditure of $1,000,000 Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, Bid #00C-88P awarded to S & .F Construction Inc. for the "CONSTRUCTION OF A PAVILION AT BOAT CLUB PARK," in the amount of $36,183 (PROPOSED RESOLUTION NO, R01-203) Award "RE-SEAL ROOF OF POLICE STATION LOCATED AT 100 E. BOYNTON BEACH BLVD.,' Bid #066-2511-01/CJD to Advanced Roofing, Inc. in the amount of $48,825 (PROPOSED RESOLUTION NO, 2O4) Award "PURCHASE OF UNIFORMS - TWO YEAR CONTRACT," Bid #053- 1412-01/C]D to various vendors with an estimated annual expenditure of $250,000 Resolutions: Proposed Resolution No. R01-205 Re: Approving a contract between the City of B0ynton Beach and Medical Office Concepts, Inc. for employment related examinations Proposed Resolution No. R01-206 Re: Increasing the local Communications Services Tax rate and waiving the permit fee on telecommunications companies that occupy municipal rights-of-way CTTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMTSS'rON .lUNE 19, 2001 Proposed Resolution No. R01-207 Re: Approving purchase of the ALERT AM Emergency Advisory Radio Station the Proposed Resolution No. R01-208 Re: Accepting Letter of Credit no. BA 455 from BankAtlantic in the amount of $76,900 as surety for construction of the water and sewer systems serving the project known as Lester PUD, Plat 6 Proposed ResoluUon No. R01-209 Re: Reducing the Letter of Credit for Tuscany on the Intracoastal (formerly Bay Vista) from $338,580 to $16,929 Proposed Resolution No. R01-210 Re: Approving and authorizing the signing of the 3oint Participation and Funding Agreement with Palm Beach County for the construction of Hypoluxo Road from Military Trail to Congress Avenue, authorizing an expenditure not to exceed $51,985 for the relocation, adjustment or construction of utility lines Proposed Resolution No. R01-211 Re: Approving an addendum to the Boynton Marina Development Agreement between the City of Boynton Beach and AERC of Virginia, Inc., Successor Developer, extending the completion date for improvements to Casa Loma Blvd. to October 15, 2001 Ratification of Planning & Development Board Action: None Approve Change Proposals #22, #25, and #27 for the Ocean Avenue Promenade project; accept the semi-final accounting report; and appropriate an additional $50,000 from Reserves for Future Appropriation Account #302-1211-512-99-03 Approve the expenditure of $4,000 from the Florida Law Enforcement Trust Fund to support the .Juvenile Transition Center, ];nc. ESTEEM Program Approve an additional expenditure of $1,605 to Purchase Order #11213 to county Lawnscape, ]:nc. for an irrigation system located at the City's 6t~ Avenue Demonstration Garden, for a total of $11,277.46 Approve the designation of $3,000 from Vice Mayor Weiland's discretionary account to Forest Hill Park for the purpose of purchasing and installing a replacement picnic shelter. CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON 3UNE 19, 2001 VI. VII. CZTY MANAGER'S REPORT: Postpone development of interim improvements to Girl Scout Park site pending future master plan development of the full site Review plans to construct a temporary dog park at Congress Avenue Community Park Report on Restoration of Second Stormwater Emergency Bypass Route for Estates of Silverlakes Retention Lake D. Project Team Reports (From 55 Strategic Initiatives): 2.10 Permit & Development Review Process 6.5 Citywide Storm Drainage Projects E. Status Report on Charter School Proposal PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMrl'S None FUTURE AGENDA ZTEMS: Towing Request for Proposals - Workshop at 6 PM on .luly 3rd for Rate Authorization by City Commission B. Status report on new meeting schedule for advisory boards (.luly 3, 2001) Discuss adoption of a Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY IsT - WILL BE DISCUSSED ON :]ULY 3RD) Community Development Block Grant Program. Review of One-year Action Plan (July 3, 2001) E. Comprehensive Plan Amendments (July 17, 2001) Application for funding from County DIP funds for 17t~ & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) -July 17, 2001 5 CZTY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMZSSZON .1UNE 19, 2001 Xm XZ. Project Team Reports (From 55 Strategic Initiatives): 1. 6.9 Capital Improvement Program (July 17, 2001) 2. 5.1 Holiday Program (July 17, 2001) 3. 5.2 TNT Concerts (July 17, 2001) 4. 1.2 Arts Commission Project (September 18, 2001) Community Development Block Grant - Review of Grant Applications (August 7, 2001) I. Review of City Noise Regulations (August 2001) DEVELOPMENT PLANS: None NEIN BUSZNESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-26 Re: Amending the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject ± 0.73-acre property for A Pink Princess Proposed Ordinance No. 01-27 Re: rezoning of ± 0.73-acre property from Office Neighborhood Commercial (C-2) for A Pink Princess Approving the Professional (C-1) to B. Ordinances - ist Reading Proposed Ordinance No, 01-25 Re: Changing the date of municipal elections from the second Tuesday in March to the first Tuesday in November Proposed Ordinance No. 01-28 Re: Approving revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstances, and requiring increased backflow protection in areas served by wastewater reuse systems 6 CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMI'SSZON 3UNE 19, 2001 )(II. XIII. XZVm 3. Proposed Ordinance No. 01-29 Re: public rights-of-way for comm unications facilities 4, Proposed Ordinance No. 01-30 Re: Of Parking Regulations 5. Proposed Ordinance No. 01-31 Re: for CRA 6. Proposed Ordinance No. 01-32 Re: Planned Industrial Development District (PTD) C. Resolutions: None D. Other: None UNFINISHED BUSINESS: OTHER: A. Informational Items by members of the City Commission AD.1OURNMENT: Regulating the use of Initiating Fee-In-Lieu- Economic Incentive Economic Incentive - NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,, FOR SUCH PURPOSE~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACT1VITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR A~ IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA - 06/15/2001 8:48 AM J:~SHRDATA~CC~WI~CCAGENDA~AGENDAS~YEAR 2001~061901 FINAL AGENDA.DOC 7 I I I-AD M I N ISTRATIVE ITEM A l~rom: DICK LAMBERT ~ ESTATE INSPEG'~ON$ Compazry: Phone~Fax: ~ II I I IIII II /11 ............ II · Requested City Commission ' Melting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 May 1, 2001 [V-ANNOUNCEMENTS & PRESENTATIONS ZTEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March7, 2001 (5:00 p.rrL) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To announce to the community that the Palm Beach County Immunization Van will be at the Boynton BeaCh Civic Center on Saturday, June 30, 2001 .from 10am until 2pm. EXPLANATION: The City of Boynton Beach PATCH (Planned Approach to Colnmunity Health) Steering Committee in conjunction with the Palm Beach County Health Department is sponsoring the county immunization van on Saturday, June 30 at the Civic Center. Parents with school aged children in need of up-to-date vaccinations are encouaged to come with their child's immunization records to participate in this free service. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ Department Head's Signat~e ~ ]' C~i~J/Manager's S~gnature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC (Palm Be~ =unty Childhood Immunization C Visit the East Wing of the Boynton Beach Civic Center [00 E. Ocean Avenue Saturday, ~Tune 30th, [0 C1.111. tO ~ p.m. v' No Charge for ]~mmunizations for Children Birth - 18 years of age. Your children's Immunization records are very important. The Health Department cannot give immunizations without the records. If there are absolutely no immunization records available, your child's entire series of immunizations will have to be started over. Please bring identification for each child. Tf available, please bring your child's social security card. If your child is going into 7th grade next year, he or she may need immunizations. Don't wait. Info on Kids Care, SWAT (Students Working Against Tobacco) Free Health Education Free Entertainment & Art in the City Display "A Healthy Community Begins with a Planned Approach to Community Health" For more information, eau PBC ltealth Department 840-4568, or City Neighborhood Services 742-6028. Requested City Commission Meeting Dates [] March 20, 2001 [] Apr/l 3,200I [] April 17,:2001 [] Mayl,2001 ZV-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerkrs Office March ?, 2001 (5:00p,m.): March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Comm/ss~on Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To invite the community to participate in the 2001 Multieultural Festivities. EXPLANATION: In celebration of the cultural diversity of our community, the City's Neighborhood Services Department is sponsoring the Second Annual Multieultural Festival that will be held on SatUrday June 30th from 12 noon to 6pm at the Children's Museum Plaza on Ocean Avenue. Featureed will be entertainment and booths from various cultures in the community. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A / / ALTERNATIVES: N/,& // Depment Head's Silage lCity Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC City of Boynton Beach Neighborhood Services" SaturdaY, 3une 30t~ Noon to 6:00 p.m. Schoolhouse Children's Museum Plaza Z29 E. Ocean Avenue Boynton Beach "B~in9 the family and join. the' Meet people f~om many dive cultural backgrounds inc African American, Chinese, :[ndian, and Latin American. CRAFTS, MU$'T¢ Children's Art !n the City FOOD, ENTERTAZNMENT Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,200t ZV-ANNOUNCEMENTS & PRESENTATZONS Ztem B.Z.a ciTYOF ...... " BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) lune 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Read attached Proclamation into the record at the June 19, 2001 City Commission meeting. EXPLANATION: The "Florida Association of Code Enforcement 0r.A.C.E.) has declared the fourth week of June be set aside by local government to honor and recognize their Code Enforcement Officers." PROGRAM IMPACT: Recognition of the hard work and dedicated efforts of the Code Compliance staff. FISCAL IMPACT: Code Compliance provides a vital function in helping the City of Boynton Beach become a place where one can go to enjoy a high quality of life. This translates into increased property values and tax base, both of which are a major contributor to the overall economic stability of our City. ALTERNATIVES: Not applicable. gnature Depa~h~ent Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, Code Enforcement Officers provide for the safety health and welfare of the citizens in this community through the enforcement of building, zoning, I'iousin~, animal cOntrOl, fire safety,-~'"~" environmental and other codes and ordinances; and WHEREAS, Code Enforcement Offices are often not credited for l saving Ives and improving neighborhoods, asare emergency personnel such as medical services; and ~y do in WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and. WHEREAS, The Flodda Association of Code Enforcement (F.A.C.E.) has declared the fourth week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim the week of June 25 - 29, 2001 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. Duly proclaimed and adopted in regular session this 19· day of June 2001. CITY OF BOYNTON'BEACH By: Gerald Broening, Mayor 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 19th day of June, Two Thousand and One. ATTEST Janet Prainito, CMC, City Clerk Corporate Seal Requested City Commission Meeting Dates V-CONSENT AGENDA Item B-1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May I, 2001 NATURE OF AGENDA ITEM March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5.:00 p.m.) April 18, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.)~ IX] June 19, 2001 June 6, 2001 (5:00 p.m.)~--<~ [] Jllly 3, 2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS", Bid #062-2510-01/KR, to WASTE MANUFACTURING CO., INC. d/b/a INDUSTRIAL REFUSE SALES, for an estimated annual expenditure of $180~000.00. EXPLANATION: On May 10, 2001, Procurement Services received and opened four (4) proposals for the bid referenced above. After careful review of all proposals, it was determined that Industrial Refuse Sales of Ridgeland, Wisconsin is the lowest, most responsive, responsible bidder Who meets all specifications. Industrial Refuse Sales has also provided excellent service in the past. Jeffrey Livergood, Public Works Director; and Larry Quinn, Solid Waste Manager, concur with this award (see attached Memo #01-151). CONTRACT PERIOD: JUNE 20, 2001 TO JUNE 19, 2002 PROGRAM IMPACT: The purpose of this bid is to establish an annual fixed price for the purchase of metal containers and roll-offs to be used throughout the City for commercial/multi-residential accounts for the purpose of refuse collection. FISCAL IMPACT: BUDGET ACCOUNT g/NAME ESTIMATED ANNUAL MACHINERY & EQUIP./DUMPSTERS EXPENDITURE 431-2515-534-64-19 $180,000.00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: JeffLivergood, Public Works Director Larry Quinn~ Solid Waste Manager File S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS MEMORANDUM #01-051 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director Jeffrey Livergood, Public Works DirectOr ~Y¢ (-'"' Larry Quinn, Solid Waste Manager May 18, 2001 Annual Supply of Metal Containers and Roll-offs Bid Award Bid #062-2510-01/KR I have reviewed the attached bid tabulation sheets provided by Karen Riseley and it is my recommendation that the bid be awarded to the apparent low bidder, Industrial Refuse Sales of Eaton Park. The budget account number for this bid is 431-2515-534-64.19 with a FY00/01 Budget of $180,000. 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C~C~ Z O© Z ZZ ~ m ! ~° ,' _ ~ :~z z <: ~_,, m-n: ~: rn 'o~ :~ 0 : m~ ~o ~0 ITIZ ~ C: ' ~0 ~ ' mO c~-~ mz <> ITl · . ~o 3> j~...: Om ~: ,-" m :> _~ ~ ~ rn O0 Z ZZ ~f~ ITEM CITY OF BOYNTON AGENDA ITEM REQUESt) I!: Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] March20,2001 March7,2001 (5:00p.m.) [] MaylS, 2001 [] April3,2001 March21,2001 (5:00p.m.) [] JuneS, 2001 [] April 17, 2001 April 4, 2001 (5:00 p.m.) [] June 19, 2001 [] May 1, 2001 April 18, 2001 (5:00 p.m.) [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the bid for "MODIFICATIONS TO THREE (3) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMPLEX", Bid#058-2413-01/CJD to BRADLEY HEATING AND AIR CONDITIONING, INC. in the amount of: $23,189.00. EXPLANATION: On May 8, 2001, Procurement Services received and opened four (4) bids for the "MODIFICATIONS TO THREE (3) EXISTING IIVAC SYSTEMS WITHIN THE CITY HALI~ COMPLEX". After review of the four (4) proposals, it has been determined that Bradley Heating and Air Conditioning, Inc. of Royal Palm Beach, Florida is the lowest, most responsive, responsible bidder who meets all specifications. Bill De Beck, Project Manager, Engineering concurs with this recommendation (see attached memo #01-075). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the Modifications to three (3) existing IIVAC systems within the City Hall Complex. The work consists of: Installing a new chilled water fan coil unit, supply and return lines, electric service and controls for the City Hall 1" floor Utility Billing area, revise and install new metal ductwork for fresh air makeup system for West Wing 1'' floor ItVAC system, Install a sensor system to connect to existing exhaust system in the East Wing chiller room to bring system up to ASHREA standard 18-1994. FISCAL IMPACT: Facilities Management (West Wing) 001-5000-590-02-59 Facilities Management (East Wing) 001-5000-590-02-63 Utilities (City Hall) 401-2825-536-46-10 TOTAL EXPENDITURE: Deputy Director of Financial Services Funding for the modifications to the ItVAC system are as follows: $ 2,882.00 $10,625.00 $ 9,682.00 City Manager's Signature Procurement Services Department Name City A-~omey / Finance / Human Resources S:~BULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC C: Bill De Beck - Engineering Paul Fleming - Sr. Project Manager Pete Mazzella - Assistant to the Director of Utilities File RESOLUTION NO, R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 058-2413-01/CJI5) TO B1Lad)LEY HEATING AND AIR CONDITIONING, INC., FOR MODIFICATIONS TO THREE (3) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMPLEX, IN THE AMOUNT OF $23,189; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project on May 8, 2001, and it was determined that Bradley Heating and Air Conditioning Inc., was the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for modifications to three (3) existing HVAC systems within the City Hall Complex in the amount of $23,189, to Bradley Heating and Air Conditioning, Inc., and authorizing the Mayor and City Clerk to execute a Contract ~etween the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 2001, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and BRADLEY HEATING AND AIR CONDITIONING, INC. a Florida Corporation (_X__) a Florida General Partnership ( ) a Florida Limited Parmership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total mount of Twenty-three thousand, one hundred and eighty nine dollars and 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated May 8, 2001, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform ali the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: MODIFICATIONS TO THREE (3) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMPLEX Bid Number: #058-2413-01/CJ-D City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $23,189.00. c-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 2.8 2.9 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the fights and liabilities of an independent contractor. 2.10 2.11 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 30 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fall in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the C-3 4.0 5.0 CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due lhe CONTRACTOR, or to collect such liquidated damages fi'om the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal pans of work, and for such others asi City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $50.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 30 calendar days from the commencement date to be indicated in the written "Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants: that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having cl~arge of any property or utilities owned by the CITY and to other owner Or owners of public or private property or utilities when they shall' be affected byl the work to be performed under the contract, and C - 4 shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees fi:om and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees fi.om against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising fi:om this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. C-5 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 8.3.4 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach,_ if necessary, which authorization will be signed by the Mayor. Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine ifa new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit, of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall prOvide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fi-inge benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 9.0 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be STEPHEN BORUFF. C-8 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 10.0 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S Contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 11.0 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as ~they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. C-9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the: CITY and ifthe CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, .~ such measures as will, in the judgment of the City Manager, ensure performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR Shall immediately respect such notice and stop wort~ and cease to have any the possession of the ground and shall forfeit his contract. 12.1.1 12.1.2 Complete the contract in accordance with its terms and conditions, or Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under: the contract and :any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C- 10 13.0 CONTRACT CONTROLS 14.0 15.0 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede ail other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein; and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, ail such time limits are of the essence of the contract. REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materiais, the sole remedy available to CONTRACTOR shall be by extension of the time ailocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an_ act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shail be held responsible for completing the work within the time allocated by this contract. 15.3 15.4 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. C-11 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence off Contractor President or the Vice President Attest as to Contractor C- 12 State of Florida ) SSi County of Palm Beach Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc C- 13 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-075 TO: THRU: FROM: Bill Atkins, Assistant Finance/Purchasing Age~,h ~,,~ John A. Guidry, Interim Director of Engineering~<5- Bill DeBeck, Project Manager .~~ ~ DATE: May 23, 2001 RECEIVED H.~¥ 2~ 200! CITY HALL COMPLEX - BID #058-2413-01/CJD MODIFICATIONS TO THREE (3) EXISTING I-IVAC SYSTEMS The Engineering Department has reviewed the bid results provided by the Purchasing Office on the subject project and hereby recommends contract award as per the following: Project Name: Modifications to Three (3) existing HVAC systems located within the City Hall Complex Bid Number: 058-2413-01/CJD Recommended Contractor: Bradley Heating and Air Conditioning 200 Business Park Way, Suite A Royal Palm Beach, FL 33411 Amount: $23,189.00 Account No.: Facilities Management (WW) 001-5000-590-02-59 Facilities Management (EW) 001-5000-590-02-63 Utilities (CH) 401-2825-536-46-10 Responsibility of Contractor: Verified by reference checks and by previous performance on City projects Compliance with Drawings & Specifications: Engineering Department has verified all data submitted with the bid and finds that the bid submitted by Bradley is in full compliance with the contract documents Client office concurrence: Based upon phone conversations between Bill DeBeck and the Facilities Management Department and Utilities Department informing them of the bid results and prices this project has approval to proceed with contract award If there are any question contact Clem Bucher, Contract Administrator at ext. 6491. JAG:WMD:CJB/ck Xc: Paul Fleming, Sr. Project Manager Pete Mazzella, Ass't. to the Utility Director Sam Reep, Utilities Dept., Customer Relations Richard Fiege, Facilities Management J:\SHRDATAXEngineeringXDeBeck\City Hall Complex-Modifications to (3) HVAC Systems.doc -- Oi m z r-- ~ ;O'rl -- ~i ~ o~ b-~ 0 m m q~ ~ 0 O~>mm' Z~ ~ ~~z 0 ~ o ~ m ~ ~ ~ m ~ '' ~~ o~ ~ ~ 8 ~ z ~ ~ m~ ~ ~ o ~ ~ ' z m m >~ ~ o o ~ m ~ ~o ~ 0 m~ ~m~ ~ 0 Z o 0 0 · - ~ · 0 Z ~ ~Z 0 C~ ~ ~ -- ~ ~ ~ ~>~°~m-- 0 zm ~ ~ ~ ~ -- ~ mm ~ o. o o o m ~ m 0 ~ o o o C .~.oo mm zz zz --< .~.00 ZZ ZZ < ~oo B mm "ri zz ~ ~ " ~ I .~.00 ZZ zz --I -r- m rtl x z 'O rn X V-CO NSENT AGEN DA ITEM B-3. 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 Comnussion Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 200l [] April 17, 2001 [] May 1, 2001 NATURE OF AGENDA ITEM March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April4,2001 (5:00p.m.) [] June19,2001 June6,2001 (5:00 p.m.) ~ April 18,2001 (5:00p.m.) ~ July3,2001 June20,2001 (5:00p.m.~ ~ A~smfive ~ Development Plato ~ ConsemAgenda ~ NewBus~ess ~ Public Heamg ~ Legal ~ Bids ~ Un,shed B~ess ~ ~o~cement ~ ~esentafion ~ CiW M~ger's R~oa RECOMMENDATION: Motion to extend the "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES", Bid #071-2511-01/KR, to GOLDEN MARK FLORIDA CORP./ONE SOURCE of Hollywood, Florida for an estimated annual expenditure of $117, 075.60. EXPLANATION: At the Commission meeting of January 2, 2001, this bid was extended through September 30, 2001 to Golden Mark Florida Corp./One Source. According to the Terms and Conditions, the vendor may ask for a price adjustment by filing written notice to the City not less than ninety (90) days prior to the renewal date (see attached letter). Golden Mark has requested an additional 2% which represents an increase of $ 2,295.60. This vendor has provided adequate service since March, 2000 and we recommend the bid be extended to reflect the 2% increase. Jeffrey Livergood, Public Works Director, and Richard Fiege, Facilities Management Supervisor, concur with this recommendation (see attached Memo). CONTRACT RENEWAL PERIOD: OCTOBER 1, 2001 TO SEPTEMBER 30, 2002 PROGRAM IMPACT: The intent of this bid is to obtain firm pricing for contractual custodial services for the City of Boynton Beach's facilities. This bid was awarded at the Commission meeting of March 7, 2000. During this time period, services were added for the cleaning of the Code Compliance trailer for an additional cost of $ 2,160, bringing the annual expenditure to $114,780.00. The 2% increase is based on this figure. FISCAL IMPACT: BUDGET ACCOUNT/t/NAME Facilities/Janitorial Services 001-2511-519-34-10 Utilities/Other Contractual Srvs. 401-2821-536-49-17 TOTAL Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURE $106,875.72 ~City Manager's Signature Procurement Services Department Name cc: Jeffrey Livergood, Public Works Director Richard Fiege, Facilities Management Supervisor City Attorney f~inance / Human Resources File DEPARTMENT OF PUB MEMORANDUM #0 To: Via: From: Date: Subject: Bill Atkins, Deputy Director of Finance Jeffrey Livergood,. Public Works Director 0_~ Richard A. Fiege, Facilities Management Supervisor May 21, 2001 Golden Mark Contract Extension RECEIVED ~tA¥ 29 2001 PURCHASING OFFICE Since services has been adequate, we would like to request an extension for one additional year, from 10/01/01 to 09/30/02, for the current "Custodial Services Contract" (Bid ~12-2511-00/SP) with Golden Mark Florida Corporation/One Source with an increase of 2% per the attached letter. Original Contract: Contract Adjustment: Adjusted Contract: 2% Increase: FY01/02 Contract: $112,620.00 + 2,160.00 (For the Code Compliance Tr~ler) $114,780.00 + 2,295..60 $117,075.60 This contract is funded in both the Facilities Management (001-2511-519-34.10 = $106,875.65) and the Utilities (401-2821-536-49.17 = $10,199.95) budgets. Should you need any additional information please contact me at Ext. 6020. RAF/PL/pl Attachment Copy: Utilities 05/01/280Z 14:27 95492543% GOLDEN ~,e~:gK ~IN~ P~6E 81/0l 1323 Sou~h 30'J1 Avenue, Hollywood, Florida 33020 ~54-925~3989 · Fax 954-g25-4338 FLOriDA ¢O~P- May 1, 2001 To: Richard Fiege From: Richard Cosby Subject: One year contract extension Richard, per our conversation, Golden Mark Florida Corp/One Source -would appreciate a one year extension of the contract through September 30, 2002 We would certainly appreciate a 2% increase effective 10/I0/01 if your budget permits an increase. We have enjoyed serving as your housekeeper in the past and will corttinue to provide the same service until the end of the contract. Regards! CD'r Z Z oOO ~mm "~m ITl o_ o {3. Z Z 0 0 ~0 ~0 ~Z ;00! ~ ~ '- ~1~ ' . cm~ ~ ~ ~om. mz~ o~~1 mOO m z~ m m m ~ Z~ m m>, / z~ ~ -~ ~ ri , ~. ~ [ >¢- o~ '~ o ~9 ,I z~ ~ z~ m m m ~ ~; :1 o~o~1 ~o~1 ~ ~ ~m~z~ m ~ ~ m ~ _ ~ mi O0 '0'13 mm z :z Z Z V-CONSENT AGENDA ITEM B-4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORMI JEt) -5 i1:25 -Requested City Commission Date Final Form Must be Turned Requested City Commission :Meeting Dates in to City Clerk's Office Meeting Dates [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 [] April 3, 2001 March 21, 2001 (5:00 p.m.) [] June 5, 2001 [] April 17, 2001 April 4, 2001 (5:00 p.m.) [] June 19, 2001 [] May 1, 2001 April 18, 2001 (5:00 p.m.) [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 200l (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: A [] [] motion [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business Announcement [] Presentation City Manager's Report to extend the "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM" Bid #072-2821-00/CJD, to INVENSYS METER SYSTEMS: (formerly know as Sensus Technologies, Inc.) for an additional year for an estimated annual expenditure of: $1,000~000.00. CONTRACT PERIOD: AUGUST 16, 2001 TO AUGUST 15, 2002 NEW BID#069-2821-01/CJD EXPLANATION: We have been piggy-backing the bid with Seacoast Utilities (Palm Beach Gardens) for Sensus brand meters. At the Commission:meeting of June 20, 2000, this bid was extended to Invensys Meter Systems of Uniontown, PA. For the past (12) months this company has provided us with this service in a satisfactory manner. According to the Terms and Conditions of thi~ bid, we have the option to renew this bid and extend prices for an additional (12) months as this is a (5) year contract and may be renewed annually for an additional year. The current bid will expire August 16, 2001. However, we have the option to renew for an additional year under the same Terms, Conditions and price, providing all parties agree. See attached memo #01-116 from Bob Kenyon, Deputy Director of Utilities. PROGRAM IMPACT: The purpose of this bid is to establish an annual fixed price for the purchase of Remote- Touchread radio read meters used by the Utilities Department for new installations and as part of the improvements included in our water main replacement programs. FISCAL IMPACT: 405-5000-590-96.01 CIP WATER 405-5000-590-96.02 R & R WATER 401-2810-536-52.30 WATER METER SUPPLIES 401-2810-536-63.12 WATER METERS ESTIMATED ANNUAL EXPENDITURE: $1,000.000.00 ] ~ Deputy Director of Financial S~~'~ City Manager's Signature Procurement Services ~ ~ Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Distribution: Bob Kenyon - Deputy Director of Utilities Barb Conboy - Administrator File MEMORANDUM Utilities #01-116 TO: FROM; Bill Atkins, Procurement Services Bob Kenyon,(~xc~t/(g'~)k Deputy Utilities Director MAY ~ 2001 PURCHA~iNG OFFICE DATE: May 15, 2001 SUBJECT: Water Meters - Annual Supply of Remote Touch Read Meter System Bid #089-2821-99/CJD The Utilities Department would like to extend the existing bid with Invensys Meter Systems (formerly known as Sensus Technologies, Inc.) for an additional year. This will be our fourth year piggybacking the bid with Seacoast Utilities (Palm Beach Gardens) for water meters and the related remote reading equipment The Seacoast contract is a five year contract which originated April 24, 1997 and may be renewed annually after 2002. The Utilities Department has approximately 30,600 meters in service of which 15,000 have been upgraded to "Touch Read", and over 3000 to radio read during the last four years. Typically, meters have a ten-year life and are changed in our aggressive and ongoing replacement program. This program is cutting read times by over 80% and eliminating inaccurate reads and data entry errors. Additionally, meters are purchased for new installations (growth), and as part of our improvements included in the water main replacement programs. We recommend the Commission continue tO piggyback :the existing Seacoast Utility Bid for water meters and related equipment. We expect to purchase approximately 4,500 meters, accessories, and radio transmitters during the next twelve months. Our anticipated expenditure is $1,000,000.00. Funds are available in accounts 405-5000-590- 96.01 WTR054, 405-5000-590-96.02 WTR060, 401-2810-536-52.30 and 401-2810-536- 63.12. Please submit this request to the City Commission to continue piggybacking this Seacoast Utilities Bid with Invensys for our water meter system needs. /gb XC: Dale Sugerman Dora Formanek Les Sarkkinen Barb Conboy File -. , 'SCNSUS 6621 Bay Circle Suite 161) Norcross. GA 30071 (770) 447-4750 FAX (770) 447-1391 June 5, ~998 Mr. Robert L. Kenyon Deputy Utility Director City of Boynton Beach 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 J U 0 '3 1998 BO"; ,'~ rG~ BEACH UTILITIES SUBJECT: REMOTE METER PRICING ( TOUCHREAD PIT/LID ) Dear Mr. Kenyon, Sensus Technologies, Inc., is pleased to offer the City of Boynton Beach the opportunity to purchase the above referenced meters from the Seacoast Utility Authority contract Bid Number 97-'174-W. The_~ date was~ The contract pricing will remain firm for five (5) years from that date, with a option to renew for an additional five (5) years, and will give your Utility the opportunity to exact a meter change-out program without the worry of cost increases. To obtain an official copy of the meter contract, please contact Seacoast Utility Authority at 561-627-2900. For your review, I am listing 5/8"- 2" pricing below: DESCRIPTION COST SALVAGE VALUE ~PRICE 5/8" x 314'; SR TR/PL METER LESS CONNECTIONS $ 80.31 $ 3.00 $ 77.31 1" SR TR/PL METER LESS CONNECTIONS $121.05 $ 6.00 $115.05 1%" SR TR/PL METER LESS CONNECTIONS $ 248.41 $12.00 $ 236.41 2" SR TPJPL METER LESS CONNECTIONS $ 322.21 $ 20.00 $ 302.21 If you choose to use our Model SR il meters on the 5/8" - 1" size meters, you will be eligible to purchase the 5/8" meter for $ 78.21 ea., and the 1" for $117.80 ea. SEACOAST UTILITY AUTHORITY · ...ENGINEERING/OPERATIONS DIVISION MEMORANDUM TO: FROM: Rim Bishop Wflbert Stewart DATE: May 7, 1997 RE,' ANNUAL CONTRACT FOR SUPPLY OF COLD WATER METERS Bids were opened for subjec~ referenced above on April 24, 1997, the sole Bidder was Sensus Tecluiologies (see attachment). This bid is for a contract time of § years, all meter prices on the attachment shall remain firm for the length of the contract. It is our recommendation that we ask the Authority Board to award the contract to supply cold water meters to Sensus Technologies. ad B. Gregg R. Kellar 0 > C 0 S NSUS ~62~ Bay Circle Suite Norcross. GA 30071 (;'70) 447-4750 FAX (770) 447-1391 June 5,1998 Mr. Robert L. Kenyon Deputy Utility Director City of Boynton Beach 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 J"" 0 3 1998 BO ~' ,,~ !'C;74 BEACH UTILITIES SUBJECT: REMOTE METER PRICING ( TOUCHREAD PIT/LID ) Dear Mr. Kenyon, Sensus Technologies, Inc., is pleased to offer the City of Boynton Beach the opportunity to purchase the above referenced meters from the Seacoast Utility Authority contract Bid Number 97-174-W. The_gl~ date was~. The contract pricing will remain firm for five (5) years from that date, with a option to renew for an additional five (5} years, and will give your Utility the opportunity'to exact a meter change-out program without the worry of cost increases. To obtain an official copy of the meter contract, please contact Seacoast Utility Authority at 561-627-2900. For your review, ! am listing 5/8" - 2" pricing below: DESCRIPTION COST SALVAGE VALUE 5/8" X 3/4" SR TPJPL METER LESS CONNECTIONS $ 80.31 $ 3.00 $ 77.31 1" SR TR/PL METER LESS CONNECTIONS 121.05 $ 6.00 $115.05 1%" SR TPJPL METER LESS CONNECTIONS $ 248.41 $12.00 $ 236.41 2" SR TRJPL METER LESS CONNECTIONS $ 322.21 $ 20.00 $ 302.21 If you choose to'use our Model SR II meters on the 5/8" - 1" size meters, you will be eligible to purchase the 5/8" meter for $ 78.21 ea., and the 1" for $117.80 ea. Mr. Robert L. Kenyon City of Boynton Beach Page Two All of the above meters can be .easily converted to RadioRead for future reading. Meter Transceiver Units ( MXU ) are $135.00 each and are capable of reading two meters without and modifications to the unit. We, at Sensus Technologies, Inc., look forward to providing the City of Boynton Beach with quality water measurement equipment and supedor customer service. Sincerely, David A. Nimtz Manager, Technical Sales Southern Marketing Region DAN/ssm cc: Mr. Tom Lang - Territory Manager file SCOPE SPECIFIC REQUIREMENTS COLD WATERo METERS II. Ao The sole purpose and intent of this' Invitation for Bid is to obtain firm prices and to establish an annual price agreement for the purchase of cold water meters, as requested by Owner. The term of this price agreement shall be for Five also (5) years fi.om the awn rd date and shall contain one renewal option of 5 years. GENERAL Be Prices are requested on the following type meters: o MagnetiC drive, sealed register, positive displacement type in sizes 5/8"x 3/4", 1', 1-1/2' and 2" that comply with the latest edition of AWWA Standard C700-95. Single register, high performance, magnetic drive, compound type in sizes 2', 3', 4' & 6' that comply with the latest edition of AWWA Standard C702-92. In addition, Bidders shall also provide the following: Salvage value and guaranteed cost of repair for each meter listed on bid proposal page. For Positive Displacement Meters: ao Cost of meter with remote encoder register as an add-on for complete meter. b. Cost of remote encoder register only as a retrofit. Meter maintenance plan stating terms and conditions of warranty. This plan must be the standard program offered by the manufacturer to all utilities on a routine basis. For Compound Meters: ao Cost of remote encoder register (with cable) as an add-on for the complete meter. D.I V-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [-']- April 17, 2001 [] Mayl, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) - March 21,200t (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3,2001 Date Final Form Must be Turned in to CiW Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-88P awarded to S & F CONTRUCTION INC. for the CONSTRUCTION OF A PAVILION AT BOAT CLUB PARK in the amount ors 36,183.00. EXPLANATION: Procurement Services Division received a request from the Department of Engineering to "piggy-back" the School District of Palm Beach County, Bid #00C-88P for the construction of a pavilion at Boat Club Park. The existing shelter at the park site is scheduled to be demolished as part of the planned project, and S & F Construction Inc. will construct the new pavihon. The pavilion dimensions are 30' X 44' and include site work, grading, electrical work, pumped concrete, and 500 sq. fi. of connecting sidewalk. Procurement Services recommends Commission's review, evaluation, and approval. PROGRAM IMPACT: This replacement pavilion will be completed in advance of the overall project which will allow continuity of park and recreation facilities in this area. FISCAL IMPACT: Funding for this project is from a Palm Beach County grant for Boat Club Park. Account Description Parks Improvement Account Number 105-3254-513-63-05 Amount $ 36,183.00 ALTERNATIVES: To continue to use the existing shelter at the park site. Deputy Director of Financial Services Procurement Services Department Name f ~ity At~-ney / Finance / Human Resources cc: John Guidry - Utilities Bill DeBeck- Engineering File S:~BULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 01 OF THE £ APPROVING THE PIGGY-BACK" BID OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-88P, TO S & F OF A AMOUNT OF $36~183; PROVIDING AN EFFECTIVE DATE. WHEREAS, Procuremcm Services Division received a request from the Department of Engineenng to "Piggy-Back" the School District of Palm Beach County, Bid No. 00C-88P, for the construction of a pavilion at Boat Club Park; and WHEREAS, the project is funded through a grant award from Palm Beach County. NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of the School District of Palm Beach County, Bid No. 00C-88P, for the construction of a pavilion at Boat Club Park Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~.TTEST: City Clerk s:ResoXBid Award-Park Pavilion061201 Commissioner Commissioner Commissioner INCORPORATED 2180 S.E. 1st Street · Boynton Beach, FL 33435 · (561) 737-4175 .Fax (561) 369-1445 PROPOSAL SUBMITTED TO Parks Dept. City of Boynton Beach STR[ET 100 East Boynton Beach Blvd. CITY. STATE AND ZIP CODE Boynton Beacht Er, 33425-0310 We hereby submit specifications and estimates for: PHONE ......... I DATE (off) 742-6286 I 5/7/01 JOB NAME Pavilion for Boynton Beach Boat DATE OF PLANS I Contract 00C-88P Attn.- Mr. Bill Club DeBeCk · AS-. per term ~O~.~._.~.9.~_~.~.!~.O.~.~__~.~P.P~_~_.~P~.~o~!~_g__gg.9~.~_ and .............. services: .............. ._2_,_).. $ i t e ..... W.9~T_.k.._..a..n.d._ ~ r. _a_d_ .i.n..g:_._...:_,...., _,... ,._-...~.,__-_,_ -_ -_ _-_,__-_- ._-__-. -_ · · -__,_-....,_.-_.-_-..: .-.. -._,_-. ~_....2..,_9 5_2_-.0_0. ......... 3.) Electrical work ......................................... $ 5,790.00 ..... 5_' )_ C_ o.n_n. 9.q~__i_ng:_..~.~.~_e...w_alk-_.. -(.-5 0 0-- s-.f...)...-:-.'---~--..~~:~J.' · t°~ ~..-'.-t-,~...,-.'-. t..:-$-.....-!..-'..-2.5-0--"-(~..-0- .......... .... ~p~e: ...s.~_.P_l.a.P__._a.n__d.__s...U..~..V..gY-to be supp.~_i_9_d__~3 Eng. inee~_i_n.9_.D_._e.p.ar__t.m..~qt ..................... ........ ap.i!_ p.o.i..~..gn~_n_g_..~qt;_ re~._u_%.~_e~..LP.9.~:.m_i-t_~.9.e-.-~-°---b-e-.-~--~-i-¥-e-.d---..Ng.*t rgspp*n.s.-i-.b-.~.e ............... f.o_r.., s_u.b ~u._r.~.ace. D..o..~.~.._~9.n.~.~..~_o..Ds...,.....~.a...~.d__s_g~.p.e..,.__u. ti 1 i.~y_~..!.n__es.,, cu~bi_..n..cJ.,_ ................... or_...- .a..spha_.~ .~_._ ~_~.p ~.~ r_s_.._.._U_~.~ ~.~_t~X .p..p.~_es_ _~_o__ _b_e__r_e~m o .,¥ ..e_~__o_r__r_e_l_9 _c..a _t _ed_' _b_..y.....p.~...h...e_~ s- . p~:.~or., t.O.. _c_o_.m_men_c.e_m__e__n~_. ............................................................................................................................................................. ~e ~ropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: thousand one ). be submitted Thirty six ~yment to ~ made as follows: Invoice to hundred eighty three- - - dollars(S36,183.00 upon completion; payment within thirty days All materiel is 8uaranteed to I)~ aa $~ecified, All wo~k to ~ compl~ in a ~rkmafllike mann~ ~c~in~ to stl~e~ pm~es. Any alt~lt~ ~ d~m~ f~ a~e s~ifica* tiofls inv~iflI I~rl ~sts will ~ IxKut~ only .~n w~en o~e~, and will b~ome an extra Chl~l ~f I~ l~ ~e I~mate. All aEr~ments contmsent u~n strikes, ~ci~ts or dlis~ ~o~ ~r consol. ~fl~ ~ clr~ ~N, tornado i~ othlr ~lSa~ insurance. -~ur ~ am ~lly c~r~ ~ Wo~men's ~m~n~tion Iflsurl~l. Signature V,~ term contract Note: This pre~l may ~e to: 8'/2 / 01 days. withdrawn by us if not accepted within reptm e of ropomd--Th...v, ,,,.e.. sp~ification, and ~nditions a~ ~tisfacto~ and are hereby ~cept~. You are authoriz~ to do the ~rk as s~cifi~, ~yment will ~ made as outlin~ a~ve. Date of ~cepl~ce: Signature Signature DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01,077 RECEIVED ~AY 29 2001 TO: Bill Atkins, Assistant Director Finance/Purchasing Agent THRU: FROM: John A:GUidry, Imerim Director of Engineering Bill DeBeck, ProjectManager ~ DATE: May24,2001 BOAT CLUB PARK PAVILION RECOMMENDATION FOR CONSTRUCTION CONTRACT AWARD REQUEST FOR PLACEMENT ON CITY COMMISSION AGENDA Requirement: Based upon a request from the city Parks Department, the Engineering Department was tasked to provide a replacement pavilion shelter for the Boat Club Park project. The pavilion dimensions are 30' x 44' and include site work and grading; electrical work, pumped concrete and 500 sq. ft. of connecting sidewalk. Background: The City Commission approved the project for the Boat Club Park. The existing shelter at the park site will be demolished as a part of the present planned project and this replacement shelter done in advance of the overall project will permit continuity of park and recreation facilities in this area. Recommended Contractor: S & F Construction is currently under Term Contract as a provider of pavilions for the School District of Palm Beach County as per Bid Number 00C-88P for the period of August 3, 2000 through August 2, 2001. The price for the subject pavilion ( $36,183.00 ) is in accordance with the Bid Summary Sheet, Item B (Shelter 30' x 44' x 8') and the pumped concrete and the connecting sidewalk unit prices are per the additional unit prices on the same Bid summary sheet. The price is considered fair and reasonable for the work required. Account No.: 105-3254-513-~t--90 Responsibility of the Contractor: S & F Construction has performed satisfactory work previously for the City of Boynton Beach and is in good standing with the School District. Drawings and Specifications: Work will be performed in accordance with the Contractor's proposal dated May 7, 2001 which includes the detailed specs for the pavilion, a sketch and color picture. Client Office Concurrence: Bill DeBeck, Engineering Project Manager has coordinated closely with John Wildner, Parks Director in the implementation of this requirement. Placement on the next possible City Commission Agenda would be appreciated. If there are any questions please contact Clem Bucher at ext. 6491. JAG:WMD:CJB/ck Xc: Paul Fleming, Sr. Project Manager John Wilder, Park Director J:\SHRDATA~Engineering~DeBeck~Boat Club Park Pavilion, Contract Award Recommendation.doc · ~0~/11/2001 16:13 56136B1445 SF CONST INO PAGE 03 THE SCHOOl. DI~rRICl' 0 F PALM BEACH COUNT~. F[.ORIDA PURCHASING DEPARTMENT ,t32e FOREST HtLL B~JLEVARD, C-216 WEST PALM BEACH. FL 3340~.5813 (561) 434~218 FAX (,~1) 434~18~ OR. H, 8~N/~ILIN June 15, 2(100 $ & F Construction Inc.. 2t80 SE 1'~ Street Boynton Beach, FL 33435 Arm: Mr'. Jim Ford Subject Letter of Agr~ment Bid Number: ~)C-~P Tide: TERM CO--CT FOR PAVII,ION$ Comract Period: August :3. 2000 througla Angu~t 2, 2001 Dear Mr. Ford, This is to advise you that on Jane 15, 2000 the School Board of Palm Beach Coumy, Florida aceept~ your offer to furnLsh the Pavilions awarded on Bid 00C-W/P, per attached tal~ation. This acceptan~ is subjec~ to compliance with bid specificadom, terms ami condition~, all pertinent laws of the State of Rorida and imu'uctions a~ determined by the General Counsel for mc School Board. . Proof of Insurance aa per Special Condition "O" must be furaished within 15 days of this notification, Your insurance company is required to have the School District of Palm Beae, X County, Florida NAMED AS AN ADDITIONAL INSURED. No work shall commm until we received th~ certificate. Certificate of insurance must reference abov~ bid number, Purchase order(s) will be issued for pavilions as the need arises. The pturehase order will be your notification to proceed. Do not proceed with the construction of pavilion~ until you have received a purcha~ order. Failure to do so may result in non-payment. ' Thank you for your bid and we are looking forward to doing business with you or your company. If you have any questions contact George Prat~ at (561) 434-$306. Sincerely, aron Swan, Director of Purchasing0'- c: bid file <9..George Pratt, Purchasing Agent An Equal Education Opportunity Provider and Affirmative Actian Employer , _/I~ATION TO BiD NO. 00C-~SP SF CONST INC PAGE 02 SUMMARy SHEET ITEM 1. Item _A _ , , , . the eave) ' $. 22.792.00 ~, Shelter 30 x 44 x 8 ('height shall be approximately 8' at the eave) $ 25~ 768.00 C. - Shelter 30' x- 52.' x S, h ' · , " ' ( e~ght shall be approximately 8 at the eave - ~.. ) $ z9,522, uu _.ID. J Shelter, 30' x 60' x 8' (height shalf be approximatelY 8' ai the eave) ' $ ~2 cc= nn tern I - Grand Total Cost (A through D Inclusive) .ADDITIONAL INFORMATION 1. Additional Cost for Fill Additional Cost for Pumped Concrete 3. Additional Cost for Sidewalks 4. Additional Cost for furnishing ! installation of Sod 5. AdditiOnal Cost for installation of Sod only 5. Shelter 40' x 75' × 15' at the eave and 25' center span $10.00 /cu. yd. $18,0q /cu. yd. $~ 2.50 /sq. ft. $ .30 /sq. ff. $ .05 ._/sq. ft. $ 77,~51.00 each VARIANCES: Stale any variances, however slight, to the above specifications. -15;- Palm Beach Model Pavilion Technical Specifications Boynton Beach, FI, Structure shall be designed to be free standing, open air pavilion, and in conformance with all applicable building codes. Manufactured by RCP Shelters, P.O. Box 25, Stuart, FL 34995, ph: 800.525.0207, fax: 561.288.0207, & E- mail: rcp~gate.net Scope: Rectangular picnic pavilion, 20, x 28', over a 4" minimum thickness concrete slab, reinforced with wire woven mesh. Shelter shall have a clear space, without a center column or open knee bracing. The owner or contractor shall be responsible for unloading, temporary storage, soil testing, site preparation, concrete slab & piers, foundation design, and erection. Structures shall be designed by professional, registered engineers. When storing the owner is responsible for protection of materials after arrival. Block members well off the ground and separate with wood strips to allow circulation. Cover top and bottom with moisture resistant paper. Columns: Columns to be structural tube steel & sized to meet loading conditions. Columns to be 8' above grade height. Columns to be factory prime painted with a rust inhibitive modified alkyd primer according to Steel Structures Painting Council (SSPC-SP2) as outlined in AISC 6.5. The columns shall be finished painted with a weather resistant paint, supplied and applied by the owner or GC in the field. Foundation design by the owner or GC. Column anchor bolts to be furnished by GC or owner as required by foundation design. Beams: Beams will be glued laminated southern pine, APA/EWS certified, members factory sealed and individually wrapped for protection in transit. Unloading Note: Use non-marring slings, block materials off of ground. (Per final RCP drawings). Roof Deck: Shall be nominal 2' x8" # 1 grade, T&G, southern pine, edge veed one side, kiln dried, and furnished in specified lengths so that all joints occur over a laminated beam support. (37% stronger than a R/L-EM deck layup). Fascia: Shall be # 1 grade, 2' x 6', CCA pressure treated 0.4 pcf, SYP per AWPA standards. Roof Pitch: Roof pitch to be 3:12. Waterproofing: (Optional) Shall be 20-year warranty, class 'A" fire rated, fiberglass shingles over 15 lb. felt underlayment. Roofing nails to be galvanized, 1 ¼"galvanized and supplied by the manufacturer. Drip edge applied continuously along perimeter. (Alternative - extra cost) Shall be minimum 29-gauge, galvanized metal, UR" panels with 3/4" ribs 9" on center. Matching trim also supplied. All roofing and trim finish painted using the ~Kynar 500" paint system. Color to be chosen by owner from standard'color chart. Choices include Bare Galvalume, Regal White, Light Stone, Ash Gray, Surrey Beige, Roman Blue, Patrician Bronze, Evergreen, Autumn Red, & Tudor Brown {Waterproofing materials may be supplied by owner/contractor, or by RCP at additional cost). Monday, June 19, 2000 ~ ~0'-0" 0/0 BE/~M THIS PRINT IS THE PROPERTY OF RCP SHELTERS AND IS NOT TO BE USED, COPIED, OR REPRODUCED WITHOUT THEIR EXPRESSED WRITTEN PERMISSION. 20' x 2~' Mod~l "P6-202~-03" Shelter RCP Shelters, Inc. P.O. Box 25 * Stuart, FL 341t95-0025 Phone: (800) 525-0207 * Fax (561)? 288-0207 E-mail: rcp~_~ate, net J~m Ford (S6~) 737-4 ~ 75 -icensed and Insured 2180 S.E. 1st Street Boynton Beach, FL 33435 R E A T I 0 N A L Veterans Park - Boca Raton Juno Park- Juno & P A R K P A V I R 0 0 S Village Park- Wellington (Continued itCbrmation on back) L I 0 N S Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 IV-CONSENT AGENDA ITEH B.6 AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the bid for "RE-SEAL ROOF OF POLICE STATION LOCATED AT: 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA", Bid#066-2511-01/CJD to ADVANCED ROOFING, INC. in the amount of: $48,825.00. EXPLANATION: On May 23, 2001, Procurement Services received and opened five (5) bids for the "RE- SEAL ROOF OF POLICE STATION LOCATED AT: 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA". After review of the five (5) proposals, it has been determined that Advanced Roofing, Inc. of Ft. Lauderdale, Florida is the lowest, most responsive, responsible bidder who meets all specifications. Richard Fiege, Facilities Management Supervisor, concurs with this recommendation (see attached memo #01-056). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the Re-Seal of Roof of Police Station. The work 'consists of: cleaning and removal of dirt, debris and deteriorated roofing materials, removal of drain clamps to improve positive drainage; caulking of parapet flashing and metal caps. The application applied is "Geoguard" that will be sprayed and will furnish a manufacturer's 12 year labor and material warranty. FISCAL IMPACT: Funding for the Re-Sealing of Police Roof is: Building Improvements 001-2511-519-62.01 $48,825.00 Deput] Director of Financial Services ~s Signature Procurement Services Deparmaent Name City ~t/omey / Finance / Human Resources S:XBULLET1N~ORMS',AGENDA ITEM REQUEST FORM.DOC C: Jeffrey Livergood - Public. Works Director Richard Fiege_ - Facilities Management Supervisor File RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 066-2511-01/CJD) TO IN THE AMOUNT OF $48 AND CITY CLERK TO AND PROVIDING AN WHEREAS, Procurement Services received and opened Bids for the above mentioned project on May 23, 2001, and it was: determined that Advanced Roofing, Inc., was the most responsive bidder who met .and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to Re-Seal the Roof of the Police Station located at 100 E. Boynton Beach Blvd, Boynton Beach, FL. in the amount of $48,825, to Advanced Roofing, Inc., and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is ~ttached l~ereto as Exhibit "A". Section 2. That Wis Resolution shall become effective immediately. PASSED AND ADOPTED THIS __ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice 'Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner s: ResoLgid Awara~Advmlced Roofing061201 CONTRACT THIS AGREEMENT, made and entered into this day of ., A.D. 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and ADVANCED :ROOFING, INC. a Florida Corporation (_X__) a Florida General Partnership (: ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called"CONTRACTOR". WlTNESSETH That under the due procedure of law, bids were hbretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed.said bids, had determined that the bid in the total amount of Fourty eight thousand, eight hundred and twenty five dollars and 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.0 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated May 22, 2001, which is hereby incorporated by reference into this-agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: Bid Number: RE-SEAL ROOF OF POLICE STATION #066-2511-01/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $48,825.00. C1 2.0 SCOPE OF SERVICES 2.0 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, supenntendents, labor, insurance, and other accessories and services necessary to complete said' ectin accordance with the conditions and prices as stated in the md special conditions of which include all maps, plats, and other drawings and in 2.1 All the work and labor performed under this contract shall be performed, and .all of the material furnished shall be, in strict', and specifications, and CONTRACTOR accepts contained in said plans and specifications every requirement and stipulation therein contained to be contracting to do said work. 2.2 in conformity with the ~ for said work on'file in the office of of the City and ~in accordance with the speCifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in. strict obedience with the direCtiOns which may be given by the City: Manager or his authorized representative, at and for the prices herein plainly set forth. 2.3 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.4 To comply with the provisions of Section 255.05, Florida StatuteS, if applicable. 2.5 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms fi.om all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.6 The CONTRACTOR Shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or pOrtion is completed and ready for use, leaving the same in a neat and presentable condition. C2 2.7 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.0 2.8 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to 'formally accept the project. The fight of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent ~or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.9 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.10 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to 'make good at his own cost any damage or injury occurring fi:om any cause. COMMENCEMENT OF WO~ 3.0 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 60 days following the commencement date as specified in same. c3 3.1 Time is the essence of the contract, In the eVent the CONTRACTOR shall fail ~n the performance of the work specified and required to be performed within the time limit :set forth in the contract, after, due: allowance: for any extension or extensions of time made in accordance with herein before set forth, the not as other day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due the CONTRACTOR, or to collect such liquidated 4.0 5.0 3.2 as soon as practicable, after signature of contract, notify >roposed for principal parts as City Engineer may direct, and shall not employ an that architect may,. within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.0 The CONTRACTOR further agrees to pay $250.00 per day as liquidated damages, for failure to begin within, ten (10) days of "Notice to Proceed" or failure to complete the work within 60 calendar days from the commencement date to .be indicated, in the written "Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.0 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the: detailed plans and specifications necessary, to give a finished result, and including all expense incun'ed in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every One of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C4 5.1 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such depanment~ departments, owner or. owners for the removal and replacement or protection -of such property or utilities. 6.0 INDEMNI~CATION 6.0 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under :this Agreement. 6.1 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions,, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole:or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the, CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support: this obligation of indemnification provided forin this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall .be in compliance with Florida Statute 725.06. 6.2 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the ~insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent :of each other, each one is separate and distinct from the other. 6.3 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to- either the CITY or the CONTRACTOR. C5 7.0 PAYMENT BY CITY 7.0 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions: as provided in the specifications. 8.0 : CH~GES IN THE WORK 8:0. The CITY, without extra work or make from the work, the Contract sum executed underthe conditions of the original Contract. Any c for eXtension of time caused :thereby shall be made in writing at the time such change is ordered. 8.1 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.2 The General. Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.2.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before 'any steps are taken to implement the change order. 8.2.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is: required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.2.3 No claim for extra work will be alloWed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.2.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.2.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. c6 8.3 The value of any change ordered under the Contract for extra work and/or any reductions in work required, Shall be determined under one or more of the following procedures before a written Change Order is issued: 8.3.1 By Such applicable: unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) pement of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to detemne ifa new unit price should be negotiated; or 8.3.2 If no such unit prices are set fo~, then by a lump sum or other unit prices mutually agreed upon by the ,CITY and the CONTRACTOR; or 8.3.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead' and profit. For all labor and. foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.3.3.1 The ~CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.3.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.3.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.3.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C7 9.0 8.3.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits· direct overhead· materials, supplies, :equipment and directly ' related servxces overhead are and general 8.3.3.6 In no cases cost for administering · cost not .fit. 8.3.3.7 For sp~ th{ the shall machinery such as power driven and tractors, or other equipment, performance of the authorized work, payment based on the agreed and the actual time of its the rental price shall not exceed the Book Company in for .Construction Equipment". Rate ks appropriate. 8.3.3.8 day by and that~ at the end of each Such daily records the work done under the contract Duplicate copies of the , be made, signed by the one copy retained by each. 8.4 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported submitted for the done. No claim for extra ~ writing, as aforesaid and the ~ the work is completed. by receipted~ bills. Such statements shall be for the month in which the work was that same was ordered, in the time of the first estimate after PROJECT ENGINEER The project engineer shall be RICHARD FIEGE, FACILITIES MANAGEMENT SUPERVISOR 9~2 The Engineer shall have general supervision and direction of the work. The Engineer is the' agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to C8 10.0 11.0 9.3 insure the proper execution of the contract. As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10il The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to ,prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of ~the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIES: 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. C9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed 'under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if the benefit of his creditors; if a ] of his property; if at any that the performance or that the pro the is or if the C in such notice. ensure the: the CONTAC to and the 3ease af smd 12.1~ 1 Complete the contract in :erms and conditions, or 12.1.2 Obtain ~ or bids the lowest responsible though there Should be contract or s~cient which the Surety may paragraph hereof. paragraph, shall mean COI~ITI~ACTOR under amount the with its the CITY of (even the paragraph) ,alance of the for in the first · as used in this CITY to less the cio !3.0 14.0 15.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents ~relating to the times of performance and completion of the work are for the p~ose of enabling the CITY to complete the construction of a public improvement in-accordance with a predetermined program, all such time limits are of the essence of the contract. REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, bY the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. Cll IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and Witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence off Contractor President or the Vice President Attest as to Contractor c 12 State of Florida County of Palm Beach ) ) SS: On this day of ,2001, personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc C13 PUBLIC WORKS DEPARTMENT Memorandum No. 01-056 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director PROCUREMENT Jeffrey Livergood, Public Works Director C~--~ Richard A. Fiege, Facilities Management Supervisor June 4, 2001 Re-Seal Roof of Police Station Bid #066-2511-01/CJD JU~ 6 2001 If the low bidder ADVANCED ROOFING ($48,825) provides a Confirmation and meets all the requirements of your office, we will awarded the bid. Bidder's Site Inspection recommend that they be Funding is available in our Building Improvements Account ~f1301-2511-519-62.01. Please contact my office if you have any questions and also to advise us when alt the requirements have been met so we can input a requisition into the system. PL/RAF/pl Attachment (Tab Sheet) ~ ~ Z - 0 ~ mm 0 0 ~ z ~ m 0 0 z; ~ m ~ 0 m ~ Zl m ~ ~ I 0~ · Z~ ~ · ..~Z> Z · Z ~' ~ Om ~ o m Z m~ O0 ~ m >o0~0 ~ ~ ~ ~ m ~ ~ ~m Z~ ~om - O~ ~ m > m ~ Z m 'm m m m ~ m~:~m~ ~ Z~ ~00 ~ "~ "0 mm ~ ~0 Em c~- 0 rn m ~m ~r- m~ -- -< --Z --m r- ~z o o --~0 0 o 0 , ~ Oi z ~ ~ ~ _= ;! m~ ~ > ~m ITl -- rrl m _ Z''''' ~ Z > m -0 m m rn m o m c O~r'' ~ m :> ~ ~ ~ o 03 ~0 ~z© mC3 ;o b 63--m 0 -- o :> 'n~z I'-- '" 0 > -~m =~ ~ z> z O> o ::> mC: · 0 O~ 3> ~ C I ~ On1 O, ~m m " - ~ o =~ ~ ~ 0 0 0 ~ > C 0 E Z COI O~ m o~Z o~z m 0 ~m coz co3 'o rriO m° ~ o ~ i Z3> ~ Z OtTI -~C ~ c z aad om ~oo ~ O, mm -'~ ~ 3:5' o . JUN-O6-ZO01 10:23 F~OkI,-ADYAflCED ROOFING IH: 95466~Zg67 T-90O P.OOZ F-430 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work includ:d in these General Documents shall prepare and submit the darn requested in the following schedule of information. This dam must be included in and made part o£ each bid document. Failure to comply W~th this instruction may bc regarded as justification for rejecting the Contractor's proposal. * attach additio~a! shec~s giving the information 1, NameofBidder: Advanced Roofing, Inc. 2. 8usinessAddrcss: 4345 NE 12 Terrace F~, Lauderdale, FL 33334 ~lleal OrgaJlJzcd: October $. 1983 Where Incorporated: Florida How ma. ny years have you been engaged h~ the contracting bu~ness under the present firm name? 16 General character ofwork p~rf'ormed by your company. :too f i rig, Air Condi~ioning, Shce~ Metal, ~4aterprooiing lit. 9. 10. Number of employees. 21 o Background and experience of principal members of your personnel, including officers. Bondingcapac~ty. See a~ached letter Have you ever defaulted on a contract? If so, where and why?* THIS PAGE MUST aE SUBMFITED'.LONG WlTa PROPOS.~L s~q. ~ JUN-O~-2O01 lO:Z4 FROM.,,,~OVANCED ROOFING'INC 954566Z967 STATES'cENT OF BIDDER'S QUALiFICATiONS continued ...... T-900 P.OO3 i:-439 1I. Project E×periancc in performmlce. $ Vahc Contact Name ACt. ached Phone # ll. 12. Con. acts on hand.' Attached ~rgest compktcd projects (include final cost). l) H~lls of Inverrary $2,928,792.00 2) French Frasrancee $ 946,217.00 14. which: * t) ~) 3) 3) Covered Bridge Condo $2,035,000.00 List all lawsuits (design and/or coastruction relate) to which you have been a party and Attached arose from construction projects: * occurred within the last 4 years: * provide case number and style: * Dated at: ~his 23 to day of ~lay 20 m Tide: _ Daniel Stokes (printed or typed) Vica President THIS PAGE MUST BE SUBMITTED ALONG ~ PROPOSAL SBQ.2 JUN-Og-ZO01 10:24 FROI,C"'ADYAflCED ROOFING INC 95458SZ967 T-g00 P.004/019 F-43g BIDDER'S SITE INSPECTION CO~'FIRMATION BID TITLI~: RE-SEAL ROOF OF POLICE STATION LOCATED AT: 100 E. BOYNTON BEACH BLVD., FLORIDA BID N'~JMBER: ~066-2511-01/CJD DATE: ~a~ 23. 2oo! Before me, The undersigned authority, au~orized to t~ke acknowlcdgeme~t~ personally appeared: Daniel Stokes, Vice President as an authorized representative of: Advanced Roofing, Inc. (hereinai~er called the bidder) located at 43/*5 NE 1.2 T~rrac~.. Ft. Laudordal~, FL 33.~.'}~r_ Mild that said biddcr has visited ~he Site oft, he work and has carefully examined the plans and specifications for said pmjecl: and chccked them in detail before submining his bid or proposal. DATE OF INSPECTION BSI- I JUN-OS-Z001 l~:Z4 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER Sm~e of ) ; Coumyof ~owa~d . . ) Daniel Sl:okes , being first duly sworn, deposes and says that: I) (Title) ' (Name of Corporation or Finn) the bidder that has submiued the auached bid: 2) He is fully informed resp~dn~ the preparation and contents, of the ar~ached bid and of ail per~ineau circom_stances respecting such bid; 4) Said bid:is genuine and is not a collusive or sham bid; Further, the said bidder nor any of its officers, parmer% owners, agents, representatives, employees or parties in interest, including ~is affiant, basin any way colluded, conspired, conaived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in counecdon with dm Conu-act for which the aUached bid has been submitxed or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agrcemcnt or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure liuough any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynto_n Beach (Local Public Agency) or any pcrson interested in the proposed Contract; and 5) Thc price or prices quoted in the attached bid are fair and proper and are not tainted by any collasion, conspiracy, connivance or unlawful agreement on the part of ~e bidder or any of its a~ents, representatives, owners, employees, or parties in intcrest, incltuling this affiant. :' '-.':---2 ~ ':'-~: ":-. (Signed) Daniel Stokes (Title) Vice President Subscribed and sworn W bcforc mc day of j ,20 i THIS PAGE TO BE SUBMITTED ALONG WITH BID lIN ORDER FOR PACKAGE TO BE CONSIDERED COIYIPLETE AND ACCEI~ABLE NCA- 1 · ~ JUN-OS-2OO1 1~:Z$ FRO~ADVANCEO ROOFING 954565296T T-g00 P.005/019 F-439 ANTI-KICKBACK STATE; OF FLORIDA COUNTY OF PALM BEACH ) · SS ) I, ~c tmdcrsigned h~r~t~y duly sworn, depose and say ~at no portion of thc sum herein bid will bc paid to any employe~s of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer ofth~ corporation. Sworn and subscribed before mc This 23rd clay of l~y By: , 20 o:~ Printed Information: Daniel Sto~es NAME Vice President Advanced Roofing, Inc. 'OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BI[ SUBMITTED ALONG WITH PROPOSAL I~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AICA. I CONFIRMAT/ON OF M]!NORITY OWNED BUS/NESS i~di~¢ in ~c appropriar~ spa~s pro~idcd which ca~csory il:ds £orm ~ith your bid proposal sh,.~.i making il an ot~i~ial p~rt of your bid response. AMERICAN LNDIAN BLACK HmPA~TC WOMF.~ Do you posses a Certification clualif'yi~§ your busdncss as a "Minority Owned Business'~. NO If YES, name the Orgaaiz~on from which this ceriifi~ion was obtained and daie: Issuins Organization for C~on Dai~ of Co'~iIication THIS PAGE TO BE SIIBMITTED ALONG WITH PROPOSAL Verier% $ignena'c TRIS PAGE TO BF, SU~MITTI~D ALONG WITH PROPOSAL IN ORDF,,R FOR PACKAGg TO BE CONSIDERED COMPLETE .~.ND ACCEPTABLE DFW - 1 · THIS PAGE TO BE SUBMITTED ALONG WiTH PROPOSAL fly ORDER FOR BID PACKAGI; TO Bg CONSIDERED COMPLETE AND ACCEPTABLE ' JUN-OS-ZOO] ~i~:4:~ FRO~ADYAHC£D ROOFING INC 954=$.296, T-gOZ P.O02/OO~ F-444 CONFIRMATION OF DRUG-FREE WORKPLACE IDI~NTICAL TIE BIDS Preference shall be given to businesses with drug-~-ee workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service arc received by the City of Boynton Beach or by any politicaI subdivision for th~ procurement of commodities or contractual service~, a bid received from a business that certifies that it has implememed a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement' notifying employees that: the unlawful manufacture, dislribution, dispensing, possession, or use o£ a controQed substance is prohibited in the workplace and speci~ing ~h¢ actions: that will be ~ken against employees for violations of such prohibition. 2) Inform employees about the dangers of~g abuse in th~ workplace, the busincss's policy of maJntaimng a drug-free workplace, any available drug counseliag, r~abilitation, Md employee assistance programs, and the penalties that way be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy,of the statement specified in subsection (1). In the st~ement specified in subsection (1), notify the employee timr., ~ a condition of working on the commodities Or contractual service~ that are under bid, the employee will abide by the terms of the statemem and will notify the employer or,ny conviction of; or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any conu'olled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory, participation in a krug abuse assistance or rehabilkation program if such is available in the employee's community by, arty employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign ~he statement, I certify that this firm complies fully with the above requirements. ~ V eri~or 'ts' ~ Signature THIS PAGE TO BE SUBMITTED ALONG WITH I~ROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- I 10:43 F~O~^DVANCEO ROOFING 954556296T T-90Z P.003/005 F-444 SAFETY PROGRAM COMPLLa~CE Safety is a high priority in the conducting of business in The City o£ Boynton Beach. Preference and docum 1. Bidder shall provide a copy of the safety Program(s) to be in. off¢ct, for thc duration of the Contract (attach to the back o~ th~s form). 2. The City reserves to of the contractor, 3. Tl~e City reSCues th¢~ conu'actor or where it is determined tha~ the of the safety terms, regulations or As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. TItlS PAGE TO BE SUBMITTED ALONG WITH PROPOS,~[, I~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Requested City Commission Meeting Dates V-CONSENT AGENDA ITEM B-7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 200l [] 17, 20Ol [] May 1, 2001 March 21,200! (5 00 p.m.) [] June 5, 2001 April 4, 2001 (5:00 p.m.) [] June 19, 2001 April 18, 2001 (5:00 p.m.) [] July 3, 2001 May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award "PURCHASE OF UNIFORMS - TWO YEAR CONTRACT" Bid#053-1412-01/CJD to various vendors with an estimated annual expenditure of: $ 250~000.00 CONTRACT PERIOD: JUNE 19, 2001 TO JUNE 18, 2003 EXPLANATION: On April 25, 2001, Procurement Services received and opened five (~ proposals for the bid referenced above. After careful review and evaluation by the Police, Fire, Procurement, and the Warehouse, it has been determined to award this bid to several companies, exceptions to low bid include samples that were not acceptable by user departments and samples did not meet specifications. In reviewing this recommendation, the determining factors were: 1)quality 2) delivery time 3) embroidery time and 4) warehouse processing time. All recommended vendors are considered to be responsive, responsible bidders meeting specifications. Dominic De Mauro, Warehouse Manager concurs with this recommendation (see attached memo). PROGRAM 1MPACT: 'The purpose of this bid is to secure prices for a period of two (2) years for the purchase of uniforms for the Police, Fire and the general worker within the City. FISCAL IMPACT: BUDGET ACCOUNT # WAREHOUSE STOCK 502-0000-141-01-00 Deputy Director of Financial' Services Procurement Services Department Name ESTIMATED ANNUAL EXPENDITURE: City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC C: Dominic De Mauro - Warehouse Manager File t TO: Bill Atkins DATE: May 22, 2001 FROM: DOminic De Mauro ?~ Warehouse Manage SUBJECT: Recommendation for "PURCHASE OF UNIFORMS .TwO YEAR CONTRACT ~.-- BID#053-1412-01/CJD I have reviewed the Tabulation sheet from your office along with an evaluating committee that was made up of: Michael Munro, Police, Jim ..Ness, Fire, Carol Doppler, Procurement Services. The Evaluating factors were: Quality, Delivery Time, Embroidery Time, and Warehouse Processing. Time. The recommendation of the evaluating committee is as follows: Item #1 Item #2 Item #3 Item ~4 Item #5 Item #6 Item #7 Item #8 Item #9 Item #10 Item #11 Item #12 Item #13 Item #14 Item #15 Item #16 Item #17 Item #18 Item #19 Police Shirts Police Trousers Police Shorts Police Jacket Ladies Skirt Ladies Vests Ladies Slacks Ladies Oxford Shirt Fireman Wk/Shirts .EMS Pants Fireman Cargo Shorts Fireman Casual Shorts Industrial Work Tr°users Industrial Work Shirts & cop Industrial Work Trouser Shorts Industrial Work Shirts Industrial Work Pants/Shorts Coveralls Fire/Industrial (hvy) Coveralls Fire/Industrial (ltw0 Martin's Uniforms Martin's Uniforms Martin's Uniforms Special Products Group Mann's Uniforms Martin's uniforms Martin's unifOrms Martin's Uniforms ~rms ,rm ,rm Uniforms Please schedule this for the June 19, 2001 charged to my inventory account: 502-0000-1 expenditure Of: $250,000.00 Thank you /cjd C: Michael Munro - Police Department Jim Ness - Fire Department File .~ This will be an estimated Orri(3 rn 03~ 0 ~) 0 0 Z m ~ Itl '0 0 rn m rtl c._ CZ CZ 0 0 0 0 0 ~ 0 0 0 > xrn o03 i~0 , ~o3 ;o~ou~r'- 0 m 0 i-t1 < ~ < I .~.0o mm zz m 0 0 0 -o~) Z ITl ITl ~ 03 O' ~oo g;o ZZ 000 ~ ~oo ~ mm ¢~ zz cCD 0 ~0 c::Z > --~r m~m m c~ m~ ~ > ~ m z : ~w Z~ZO ~ ~ ~ m ~ z i~ C mix ~ ' OZ ~ Z~ ~ i ~= ~ 0 ~m~.~ o~ ,mi ~ _ ; ~0 ~ - ~:N ~ ~o~ zO mo ~ m~ Z '.- ~0I ~ z 000 ' .~.00 i~ Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 ] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3. Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200il (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] AnnOuncement [] Presentation [] City Manager's Report RECOMMENDATION: Approve renewal of contract with Medical Office Concepts / Dr. Kenneth Lee to provide medical services to the City. EXPLANATION: Dr. Lee provides pre-employment physicals, police and fire annual physicals, Hepatitis B innoculations, TB testing, heavy metals testing, flu shots and other medical services for City employees for a set monthly fee. PROGRAM IMPACT: Insures employees are physically fit to perform the duties of the positions. FISCAL IMPACT: This is a 6% increase over the previous contract from $75,000 to $79.500. ALTERNATIVES: Contract with, or use on a fee for service basis, multiple physicians. D~parm~nt Herd's Signature Department Name ~s Signature City Attorney~Finahc'e / H~nan Resources S:'~BULLETINZFORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTI EXECUTE AN BOYNTON BI INC., EXAM INATI YE DATE. CITY :OF WHEREAS, the City Commission of the City. of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Medical Office Concepts providing for pre-employment examinations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Medical Office Concepts. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2001, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~,TTEST: Commissioner City Clerk s:ca~reso,agreements~Medicai Office ConceDts Reso AGREEMENT THIS AGREEMENT, dated this 7 day of (3 ~ 2001, by and between: THE CITY OF BOYNTON BEACH, a municipal corporation organized and operating under the laws of the State of Florida, with an address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to as "CITY", and MEDICAL OFFICE CONCEPTS, INC., a corporation authorized to do business in the State of Florida, with an address at 1501 Corporate Drive, Suite 240, Boynton Beach, Florida, 33426, hereinafter referred to as "CONTRACTOR". CITY and CONTRACTOR may be collectively referred tO as the "PartieS.'' WHEREAS, CITY has a need for certain medical services to be provided to its employees either as a requirement of their employment and duties or in furtherance of preventative care; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety and welfare of its employees, citizens and residents to enter into an agreement with Medical Office Concepts, Inc. to perform the desired medical services; and WHEREAS, CONTRACTOR has agreed to provide such medical services to the CITY and its employees; NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. The recitations set forth in the above "WHEREAS" clauses are tree and correct and incorporated herein by this reference. Any exhibits attached hereto are hereby incorporated herein and made a specific part of this Agreement. SECTION2. CONTRACTOR'S RESPONSIBILITIES. The CONTRACTOR shall carry out the following responsibilities and such additional responsibilities as CITY may deem necessary for the fulfillment of CONTRACTOR's obligations under this Agreement: 2.1 CONTRACTOR shall perform the following medical services: 2.1.1 pre-employment physical examinations; 2.1.2 annual examinations for police and fire employees; 2.1.3 employee drug screening; 2.1.4 employee immunization as required by the CITY; and C:'~WINIX)WS~ ~ ~ A~rO~ 1901 .do~ Page 1 of 10 2.1.5 specialized medical testing, as requested by CITY, including, but not limited to, heavy metal screening, serum cholinesterase, contagious disease profiles, cardiac stress testing and chest x-rays. 2.1 for CITY's be borne bY the employee. 2.2 CONTRACTOR shall conduct medical examinations which meet or exceed NFPA standards and guidelines and further necessary to maintain or accreditation by regulatory authority for such .employee. 2.3 and use of certain CITY in the t such equipment :ITY employees. If such equipment, upon prior ~ ~ the CITY. thereof, to 2.4 CONTRACTOR shall cOOrdinate any and conjunction with any and all examinations and testing performed by Agreement. 2.5 CONTRACTOR shall provide any and all necessary consultation or case review of examination results at the request of CITY or an employee/patient. Further, upon the employee/patient's request, coNTRACTOR shall forward a written review of the examination results to the emPloyee/Patient or his or her primary physician. 2.6 CONTRACTOR shall make flu shots' available to any CITY employee who wishes to receive it at the City's cost, during the.City's annual flu shot offer dates. 2.7 A primary review by CONTRACTOR of all physical examination results shall include, but is not limited to: 2.7.1 physical examination; 2.7.2 twelve (12) lead EKG; 2.7.3 pulmonary function testing; 2.7.4 audio metric testing; 2.7.5 visual acuity; and \\~I-IRDATAXCA~AGMTS'~viedic~I Office couce~ Agr0~1901.d~: Page 2 of 10 2.7.6 all laboratory findings to include contagious disease profiles and drug screening. 2.8 CONTRACTOR shall perform a secondary review and all cases achieving abnormal results, deviations from baseline -results as determined by comparison with previous examinations, and positive contagious disease profiles. CONTRACTOR shall further perform follow up monitoring upon initial exposure of an employee to air or blood borne pathogens. 2.9 CONTRACTOR shall maintain any and all medical records and any other records created under this Agreement in accordance with the Public Records Laws as set forth in Chapter 119, Florida Statutes, as amended from time to time. SECTION 3. CITY'S RESPONSIBILITES. The CITY shall carry out the following responsibilities and such other duties as may be necessary to fulfill its obligations under this Agreement: 3.1 CITY shall provide CONTRACTOR with the name, the desired testing to be conducted and any other necessary information for each employee or new hire sent to CONTRACTOR for testing or physical examination. 3.2 CITY shall designate a coordinator who shall facilitate the coordination of examination of the designated emploYee(s), the requested testing to be conducted and the CITY's receipt of the testing and examination results. 3.3 CITY shall provide CONTRACTOR with the medical equipment specified in Exhibit "A" to be utilized solely in the performance of medical examination and testing of CITY employees. SECTION 4. TERM. This Agreement shall commence on the date of execution of this Agreement by the last party to execute this Agreement and mn until June 7, 2002. This Agreement may be renewed upon the mutual consent of the parties for additional one (1) year terms. SECTION 5. The CONTRACTOR hereby certifies that only Florida licensed physicians and medical personnel shall perform any and all medical procedures required pursuant to this Agreement.' CONTRACTOR shall supervise and accept responsibility for the medical performance of such personnel. SECTION6. The CITY hereby agrees to pay CONTRACTOR for the faithful performance of the services required under this Agreement, in lawful money of the United States, in accordance with the billing schedule provided in Exhibit "B', attached hereto. CONTRACTOR shall provide CITY with a monthly invoice for payment and a monthly statement of services rendered hereunder. CITY shall pay CONTRACTOR within fifteen (15) calendar days' of CITY's receipt of both CONTRACTOR's invoice and monthly statement. SECTION 7. INSURANCE. \\~HR.DATA\CA~A.~ml Office eo~ce~ Agt051901.do~ Page 3 of 10 7.1 The CONTRACTOR shall not commence work under ~s contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk ~ the CITY nor shall Subcontractor to commence : until all simi the subcontractor has been 7.2 shall be filed with (3.0) days' given tc ~ames authorized: to do business under the laws of the State 7.3 Guide", be no less than A m the latest edition of Bests Key Rating 7.4 shall be in force until all work required to be performed under the terms of the )leted as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as balance of the period of the contract and in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 7.5 Comprehensive General Liability insurance to cover liability bodily injury and property damage. .Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Bodily Injury I. Each Occurrence $1,000,000 2. Annual Aggregate 1,000)000 Property Damage 1. Each Occurrence 1,000;000 2. Annual Aggregate 1,000~000 C. Personal Injury Annual Aggregate 1,000.,000 Do Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. X\~ HRDATA'~..~tX. AG M'r S',.Medicai Office ~ A~051901.d~: Page 4 of 10 7.6 Workers Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees. In the case any work is sublet, the CONTRACTOR shall require the Subcontractors similarly to provide Workers Compensation Insurance for all the latter's employees, unless such employees are covered by the protection afforded by the CONTRACTOR. The CONTRACTOR and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. .Employer's Liability $500,000 per occurrence 7.7 CONTRACTOR shall comply with the financial responsibility requirements of Chapter 458, Florida Statutes, as amended from time to time, and provide certification of such compliance to CITY. 7.8 CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to Persons, property, or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. 7.9 The CITY reserves the fight to: require any other insurance coverage it deems necessary depending upon the exposures. SECTION 8. INDEMNIFICATION. 8.1 CONTRACTOR shall indemnify and save harmless and defend the CITY, its trustees, elected and apPointed officials, agents, servants and employees from and against any and all actions, claimS, suits, causes of action, proceedings, penalties, liabilities and judgments for damages, or equitable relief of any nature whatsoever, arising out of or in connection with any processes, or procedures, acts or omissions, errors, or negligent act of CONTRACTOR, its agents, servants or employees in the performance of services under this Agreement, excluding bona fide statements/expressions pf opinion, set forth as such, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the services performed by the CONTRACTOR pursuant to this Agreement. 8.2 CONTRACTOR shall indemnify CITY for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees and costs that may result by reason of any infringement or claim of infi'ingement of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Agreement. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Agreement, or if any portion of the services or goods related to the performance of the service becomes unusable as a result of any such infringement or claim. \'~ I-IRI)A TA\CA~ACnMTShMedica} Offic~ ~ Asr051901 .da: Page 5 of 10 8.3 The parties recognize that various provisions of this Agreement, including but not ~ the CONTRACTOR and that , requires a specific representations and SECTION 9~ INDEPENDENT CONTRACTOR. 9.1 parties. It is this Agreement and neither is the employee Insurance provisions unemp judgment provided, Agreement shall be those oft Agreement shall be subject to the supervisiOn of party nor its agents shall act as officers, that they are creating any party, and/or { ~ between the contractor under purposes, including, but not limited Federal Act, the and the State and absolute discretion in the hereunder under this pursuant to this neither liable for SECTION 10. THIRD PARTY BENEFICIARIES. 10.1 Agreement. Agreement this Agreement~ obligations in The Parties expressly , this to this party based upon not their intent to create any right~ or SECTION 11. MISCELLANEOUS. 11.1 role that a contract to the j I that each party to this Agreement had the and, accordingly, the the party preparing same shall not apply due \\CI-i'OdAIN~HRDATA\CA~AG~ Office con~ ASr051901 .ck~ Page 6 of 10 11.2 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the Parties without the prior written consent of the other party. 11.3 Amendments. Any modification or amendment to this Agreement must be formalized in writing and executed with the same dignity and formality herewith. 11.4 Records. The Parties shall keep, maintain and preserve books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as is related to personnel hours charged to this engagement, any expenses for which the Parties expect to be reimbursed, or any other records that are related to this Agreement. Such books, accounts and records will be available at all reasonable times for examination and audit by the other party and shall be kept for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes) or as may otherwise be required by law. Incomplete or incorrect entries in SUch books and records will be grounds for disallowance by the other party of any fees:or expenses based upon such entries. 11.5 Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public Records laws, the Parties shall maintain and make available for inspection any and all business records generated pursuant to this Agreement as required by law. 11.6 No Contingent Fees. The Parties warrant that they have not employed or retained any company or person, other than a bona fide employee working solely for such party, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Parties, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct fi:om the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 1117 Notice. Whenever any party de~ires to give notice unto any other party, it must be given by written notice, sent by certifi~ united States mail, with remm receipt requested, by facsimile transmission with certification of transmission to the receiving party, or hand delivery addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice s~l remain such until they shall have been changed by written notice in compliance with the provisions of this Agreement. For the present, the Parties and the CITY designaie the following ~ the respective Places forgiving of notiCe: CITY: City Manager City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No:(561) 742-6010 Facsimile :No. (561) 742-6011 \XC ~ I-ffiDATA'~CA~a. GMT S',Medical Offi~:~ ~ A~05t001.do~ Page 7 of 10 Copy To: James A. Cherof, City Attorney Josias, Goren, Cherofi Doody & Ezrol, P.A: 3099 East Commercial Boulevard, Suite 200 Fort Florida 33308 CONTRACTOR: 1501 , President 11.8 Bindin individually warrants that he party for whom he or she is provisions contained in this Agreement; on behalf of either party ~ Agreement on behalf of the such party with respect to all 11.9 Cit7 Self-Insured. The:Parties hereto understand and agree that the CITY is self- insured. 11.10 Exhibits. Each Exhibit referred to:in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 11.11 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 11.12 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of or situations other than those as to which it shall have been held invalid or not be affected thereby, and shall continue in full force and effect, and be fullest extent permitted by law. 11.13 Governing Law. Florida with venue lying i : governed by the laws of the State of 11.14 Disputes. Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Palm Beach County. 11.15 Joint Defense. In the event that the validity of this Agreement is challenged'through legal proceedings or otherwise, the Parties agree to cooperate with each other in defense of this Agreement, with each Party to bear its own attorney's fees and costs associated with such defense. \\CHkMAIN~ATA\CA~AGM'r SkM~dical Offic* ~ Ag~0$1901.do~ Page 8 of 10 11.16 Attomey's Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and costs, including paralegal fees, in addition to any other remedy afforded by law. 11.17 Extent of Agreement. This Agreement together with the attached Exhibits, as amended herein above represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. 11.18 Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and ali of which together shall constitute one and the same instrument. 11.19 'Materiality and Waiver. The Parties agree that each requirement, duty and obligation set' forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Failure of either party to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 11.20 Compliance with Laws. The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. 11.21 Equal Employment Oppommity. In the performance of this Agreement, the Parties shall not discriminate against any firm, employee or applicant for employment or any other fima/in~vidual in providing services because of sex, age,-race, color, religion, ancestry or national origin. IN WITNESS WHEREOF, the parties have hereunto set its authorized hand this day of ., 2001. ATTEST: CITY OF BOYNTON BEACH JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: MAYOR GERALD BROENING CITY ATTORNEY \',CttkMAIN~ I'{RDA TA\CA",AG~ cai O[tic~ co~p~ A~051901 .dm: Page 9 of 10 ;ES: CONTRACTOR: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) ON THIS ~7 day of ~[~Lk~ ~ ,2001, before me, the undersigned notary public, personally appeared KENNETH LEE, M.D., as PRESIDENT of MEDICAL OFFICE CONCEPTS, INC.; and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same was duly authorized to do so. Personally Known /'' OR Produced Identification Type of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal. N0~AR-Y PUBLIC . - Print or Type Name My Commission Expires: OFFICIAL NOTARY SF. AI'- RHONDA L CARUSO NOTARY r4.,IltLlC STATE OF FLORIDA COMMISSION NO. CC751121 MY COMMI~ION EXP. }UN£ 14,211t,2 Page 10 of 10 EXHIBIT "B" FEE SCHEDULE Fees to be paid by CITY to CONTRACTOR under this Agreement shall be in accordance with the following schedule. Ao Physician and Clinical Service Fee: Includes: 1. 2. 3. 4. 5. $3,312.50 per month All initial and secondary physical examinations for New Hire Employees and Annual examinations for Police and Fire employees. Administrative management of all required documentation for examination and drag screen processing. Twenty-four (24) hour on-call service availability for employee drag screening. Twenty-four (24) hour on-call service availability for emergency access to medical records. Processing of all specialized testing results. Bo Immunization and Supplies Fee: Includes: 1. 2. 3. 4. $318.00 per month All fees for tuberculosis screening for all annual examination employees and new-hire employees. Hepatitis B immunizations for all employees for which the CITY requires. Flu immunization for all CITY employees, excluding serum and including staff to administer Disposable supplies for Pulmonary Function testing and EKG testing as required for CITY employees. Co Specialized and Miscellaneous Testing Fee: Includes: 1. $1,325.00 per month All laboratory fees for specialized medical testing, as requested by CITY, including, but not limited to, heavy metal screening, serum cholinesterase, contagious disease profiles, cardiac stress testing and chest x-rays. Laboratory and Drag Screening Fee: Includes: 1. $1,669.50 per month All laboratory testing for annual physical examinations on required employees and other employees as requested by CITY. Drug screening for new-hire employees and all random drag screening as requested by CITY. EXHIBIT "C" Examination Format - City of Boynton Beach Fire Dept. ANNUAL EXAMS Ii 1. 2. 2. T & D as needed TB test (Time, PPD as needed, CXR as needed billed $70.00 to HR) All examination components (PFT, EKG, Visual, Heating) Labs a. Blood Work 225484 I(CMP, LP, 6AC, CBC, RPF, UA, Hep, HIV) Stress Test (over 40, as needed, SEE LIST) billed $200.00 to HR) Fire Dept. NEW ~ exams 1. All examination components (PFT, EKG, Visual, Hearing) 2. T&D as needed 3. TB test (Tine, PPD as needed, CXR as needed & billed $70.00 to HR) Contact Lyrm or Carol to confirm prior to CXR appt. Labs a. Blood Work 225484 (CMP, LP, 6AC, CBC, RPR, UA, Hep, HIV) b. Drug Screen 75041-0 (10-Panel) Police Dept. ANNUAL exams 1. All examination components (PFT, EKG, Visual, Hearing) 2. T&D as needed 3. TB test (Tine, PPD as needed, CXR as needed & billed to HR) 4. Labs a. Blood Work 225484 (CMP, P, 6AC, CBC, RPR, UA, Hep, HIV) b. Blood Work 007625 (Lead, blood (adult)) 5. Stress Test (Sgts. and Lts- age 30 then every other year- optional) (bill $200.00 to HR for stress tests) 6. Stress Test (Officers and Detectives - Age 30, then every third year- optiOnal (bill $200.00 to HR for stress tests) Police Dept. NEW HIRE exams 1. Ail exam components (PFT, EKG, Visual, Hearing) 2. T&D as needed 3. TB test (Tine, PPD as needed, CXR as needed & billed $70.00 to HR) (Contact Lynn or Carol to confirm prior to CXR appt.) 4. Labs a. Blood Work 225484 (CMP, LP, 6AC, CBC, RPR, UA, Hep, HIV) b. Blood Work 007625 (Lead; blood (adult)) c. Drag Screen 75041-0 (10 Panel, send to LabCorp) General Employees NEW HIRE exams 1. Physical exam (Visual test only) 2. T&D as needed 3. TB test (Tine, PPD as needed, CXR as needed & Patient to pay) Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEH C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] May 15,2001 May2,2001 (5:00p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) [] July3,2001 June20,2001 (5:00p.~ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Adopt Resolution No. relating to increasing the local communications services tax rate and waiving the permit fee on telecommunications compalnes that occupy municipal rights of way. EXPLANATION: Currently all communication companies who supply communition services to residents of the City are requried to pay the City a 7% Public Service Tax Fee. The fees are remitted directly to the City at present. During the 2000 Regular Session, the Florida Legislature passed the "Communications Services Tax Simplification Law". Each city and county provided the state data regarding the amount of fees they collected during Fiscal Year 1998/99. Based on that data the state determined a rate for the City. If the rate established for a particular government was not at the maximum rate established by the state for municipalities, the municipality can pass a resolution to increase their rate to the maximum rate. The law also authorizes a City to charge a $100 permit fee from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. However if the City elects to charge the fee we would have to reduce our rate by .012%. It is my recommendation to not charge the fee and increase our rate by the .012%. PROGRAM IMPACT: If the revenues collected by the state and remitted to the City do not meet or exceed the same dollars we are now collecting this could impact our Capital Improvement Projects and General Fund departments. o Currently 57 '/o of the Public Service Tax goes for Capital Improvement/Debt and 43% goes to the General Fund. FISCAL IMPACT: Based on the statements from the State that our revenue should not decrease there will be no negative impact. ALTERNATIVES: None this is mandated b3~ the S~/a, te Legislature Department He~ad'{ ~ig~ture ' Finance Department Name City~'Manager's Signature City Al~rn~y / Finance / Human Resources S:XBULLET1N~ORMSL~GENDA ITEM REQUEST FORM.DOC VIA E-MAII, ONLY CITY OF BOYNTON BEACH INTER-OFFICE MEMORANDUM TO: FROM: Kurt Bressner, City Manager / Kerry L. Ezrol, Assistant City Attorney 5~,ff~ CC: DATE: RE: Wilfred Hawkins, Assistant City Manager Diane Reese, Finance Director James A. Cherof, City Attorney (w/enclosures) June 5, 2001 City of Boynton Beach ("City") / Communications Services Tax Rate Resolution Enclosed, for your review and placement on the next available Commission agenda, please find a draft resolution in connection with the Communications Services Tax Rate. Also enclosed, please find a copy of the Florida League of Cities narrative explaining the resolution. The enclosed Resolution increases the Communications Services Tax Rate to the maximum rate and also waives the permit fees to increase the maximum rate by. 12%. Please note that the City. Clerk must send a copy of the enacted resolution to the Department of Revenue prior to July 16, 2001 via certified mail. Should you have any questions with regard to this matter, please do not hesitate to contact me. KLE:djd Enclosure(s) H:\1990\900182.BBhMEMOXBressner cstr reso.doc RECEIVED' JUN 5 L DOI CITY MANAGER'S OFFICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 RESOLUTION NO. A RESOLUTION .OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; WAIVING THE PERMIT FEE ON TELE COMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS-OF-WAY; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDNG FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2000 Regular Session, the Florida Legislature passed the "Communications Services Tax Simplification Law", creating Chapter 202, Florida Statutes (2000); and WHEREAS, section 9, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.19(2), Florida Statutes (2000), to state municipalities may impose a local communications services tax at a rate of up to 5.1% for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees: These maximum rates do not include the add-ons of up to 0.12% for municipalities authorized pursuant to section 337.401, Florida Statutes, for municipalities that choose not to levy permit fees, nor do the rates supersede conversion or emergency rates authorized by section 202.20, Florida Statutes, which may be in excess of these maximum rates; and WHEREAS, section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.20(1)(a), Florida Statutes (2000), to set the local communications services tax conversion rates for the period of October l, 2001, through September 30, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends section 202.20(1)(b), Florida Statutes (2000), to set the local communications services tax conversion rates beginning October 1, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, section 13, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature provides that notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under section 202.20, Florida Statutes, which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate, with such increased rate to be effective October l, 2001 if S:\CAXRESO\Communications Service Tax 2.doc I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 notification of the increased rate is provided to the Department of Revenue by certified mail postmarked on or before July 16, 2001. During the period beginning on October 1, 2001, and ending September 30, 2002, the maximum rate established under section 202.19, ,(a) and (b) THE £ THE CITY COMMISSION OF ratified and confirmed part of this Resolution upon Intent. 2002, be the forth in must on or bI It is the intent of the City of Boynmn Beach to increase its local communications services tax rate as provided in section 13, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature. Section 13, Enrolled CS/CS/SB 1878 provides that notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under section 202.20, Florida Statutes, less than the: maximum rate established under section 202.19, Florida Statutes, resolution or ordinance increase its rate up to the maximum rate under section 202.19, Florida Statutes, Mth such increased rate to be effective 1. For the period beginning 2001, andending September 30, lishe~ 19, Florida Statutes, is deemed to rate plus the t :e between the conversion rates set The municipality ~ certified mail postmarked rlt, It is the further intent of the City of Boynton Beach to increase its local communications services tax rate effective October 1, 2002 as provided in section 202.19(2)(a); Florida Statutes, to the maximum tax rate for municipalities that choose not to levy permit fees. It is further the intent of the City of Boynton Beach to waive permit fees authorized pursuant to Section 337.01, Fla. Stat. and thereby increase the maximum rate by .12%. SECTION 3. Increased Local Communications Services Tax Rate. KLE/djdS:\CAXRESO\Communications Service Tax 2.doc 2 The local communications services tax conversion rate established under section 202.20(1){a), Florida Statutes, for the City of Boynton Beach is 5.2%, which is less than the maximum rate of 5.4%, as determined under the provisions of section 13, Enrolled CS/CS/SB 1878. The local communications services tax rate for the City of Boynton Beach is increased to 5.52% which includes the add on of .12%, during the period being on October 1¥ 2001, and ending September 30, 2002. As provided in section 13, Enrolled ~S/CS/SB 1878, this increased rate-is tobe effective October 1, 2001. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 The local communications services tax conversion rate established under section 202.20(1)(b), Florida Statutes, for the City of Boynton Beach is 4.8%, which is less than the maximum rate of 5.1% as established in section 202.19(2)(a), Florida Statutes. The local communications services tax rate for the City of Boynton Beach is increased to 5.22% which includes the add on of.12%. This increased rate is to be effective October 1, 2002. SECTION 4. Notice to the Department of Revenue. The City Clerk shall provide notice of the increased local communications services tax rate to the Department of Revenue by certified mail postmarked on or before July 16, 2001, as provided in section 13, Enrolled CS/CS/SB 1878. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective with respect to communications services reflected on bills dated on or after October 1, 2001. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS DAY OF , 2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER KLE/djdS:\CAkRESO\Communications Service Tax 2.doc 3 { 1 2 3 4 5 6 7 8 9 10 11 12 ATTEST: JANET PRAJNITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATTORNEY KLE/djdS:\CALRESO\Communicafions Service Tax 2.doc 4 MODEL MUNICIPAL RESOLUTION/ORDINANCE TO INCREASE THE LOCAL COMMUNICATIONS SERVICES TAX RATE UP TO THE MAXIMUM RATE ALLOWED FOR A MUNICIPALITY THAT HAS A CONVERSION TAX RATE BELOW THE MAXIMUM RATE FLORIDA LEAGUE OF CITIES June 1, 2001 Florida League Of Cities 301 South Bronough Street Post Office BoX 1757 Tallahassee, Florida 32302-1757 Telephone: (850) 222-9684 Fax: (850) 222-3806 INTRODUCTION This is a Model Municipal Resolution/Ordinance to increase the local communications services tax rate up to the maximum rate allowed for a municipality that has a conversion tax rate below the maximum rate. This Model ReSolution/Ordinance pertains to and implements sections 9, 12 and 13 of Enrolled CS/CS/SB 1878 ("the Bill") by the 2001 Florida Legislature. IF YOUR MUNICIPALITY DECIDES NOT TO INCREASE THE CONVERSION RATE FOR SECTION 12 OF THE BILL, YOU DO NOT HAVE TO ADOPT RESOLUTION/ORDINANCE. SECTION 12 OF THE BILL, WHICH AMENDS SECTION 202.20, FLORIDA STATUTES, PROVIDES THAT CONVE ~CTION REQUIRED BY THE Section 9 of the Bill: amends section 202.19(2), Florida Statutes (2000), to state municipalities may impose a local communications services tax at a rate of up to 5.1% for municipalities that haVe not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit s. These ] the add-ons of up to 0:~2% for municipalities Florida Statutes, for municipalities that.choose not to levy permit fees, nor do the rates supersede conversion or emergency rates authorized by section 202.20, Florida Statutes, which may be in excess of these maximum rates. Section 12 of section 202.20(!)(a), Florida Statutes (2000), to set the local commumcations s conversion rates for the period of October 1, 200I, through September 30, 2002. ' The conversion rates effect without any action required by the local government. Section Florida Statutes (2000), to set the local services ta> October 1, 2002. Again, the conversion rates without any action required by the local government. Section 13 of the Bill provides that notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under section 202.20, Florida Statutes, which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate, with such increased the increased rate is to the before July 16, 2001. 2002, the maximum sum of such maximum paragraphs ( is only app :able ~to be effective October 1, 2001 if notification of )f Revenue by certified :mail postmarked on or )n October 1, 2001, and ending September 30, 202.19, Florida Statutes, is deem~d to be the between the cOnVersion rates set forth in Note that this maximum rate figure through September 30, 2002 and allows a higher maximum rate only for this period due to the timing of receiving tax payments during the first year of implementation for the communications services tax (i.e., a higher rate is provided for due to a t~me lag dunng the first year of maplementatlon). A municipality may increase by resolution or ordinance its conversion rate to up to its maximum rate at any time in the future, subject to the timing and notice provisions in section 202.21, Florida Statutes. The July 16, 2001 deadline is required only if the municipality wants an increase in its tax rate to take effect on October 1, 2001. The timing provisions in section 202.21, Florida Statutes, increases or t in the tax rate may take effect when notice is provided 5, 2.001. rate.: This is a result of how:the:tax this tSB 1878, by going r of If your municipality chooses to inCrease: the local communications services tax rate up to the is somewhat an the by ~ if your rate if, permitted for your municipalityl tO the tax rate conversion tax rate up to the [ax tax rate The City of~ ection 12 ctober 1; if it City tax ofz 0.12~ to be used as' the example municipality. Under Florida Statutes, for the period of a conversion rate of 4.10% to levy permit fees, there ~ period to 3.98%.)Therefore~ if the a resolUtion/ordinance to increaSe its 4.10% for a total rate its conversion up to Under section 13 of the Bill, the City of Alachua could choOse to increase its conversion rate because its conversion rate is less than the maximum rate as determined under the provisions in Alachua's September 30, 4.10%. The ' this same time period, as determined under the of the Bill ~s: 5.1% (the maximum rate established under section 202.19, Florida Statutes) + the difference between 4.10% (the conversion rate for Alachua as provided in section 202.20(1)(a), Florida Statutes) and 3.80% (the conversion rate for Alachua as provided in section 202.20(1)(b), Florida Statutes) or 5.1% + .30% (4.10% - 3.80%) = 5.40% Note that this maximum rate figure of 5.40% is ~nly applicable for the period of October 1, 2001 through September 30, 2002. This formula was developed because of the timing of receiving tax payments during the first year of implementation for the communications services tax. Beginning October 1, 2002, the maximum rate for the City of Alachua would drop back to 5.10% as provided in section 202.19(2)(a), Florida Statutes. Therefore, if the City of Alachua chooses to increase its local communications services tax rate, it could increase the rate from its conversion rate of 4.10% for the period of October 1, 2001 through September 30, 2002, up to 5.40%. Also, remember that the uP to 0.12% increase ifa municipality decides not to levy permit fees is in addition to the tax rate. Thus, if the City of Alachua decided not to levy permit fees and passed a resolution/ordinance to increase its tax rate by the authorized up to 0.12%, this 0.12% would be added to the authorized maximum rate of up to 5.40% for a total tax rate of up to 5.52% for the period of October 1, 2001 through September 30, 2002. [Note: Beginning October 1, 2002, the maximum rate figures for the City of Alachua will change. Under section 202.20(1)(b), Florida Statutes, as amended by section 12 of the Bill, the conversion rate for the City of Alachua will drop from 4.10% to 3.80%, assuming the City has chosen not to levy permit fees, and the maximum rate'beginning on October 1, 2002, drops back to the 5.10% figure as provided in section 202.19(2)(a), Florida Statutes. Thus, the City of Alachua's total tax rate beginning on OctOber 1, 2002 could be up to 5.1% plus 0.12%, if the City decided not to charge permit fees, or 5.22%.] A certified copy of your municipality's Resolution or Ordinance on any tax rate increase should be sent by certified mail to: Revenue Accounting - Communications Services Tax, Florida Department of Revenue, Post Office Box 6609, Tallahassee, Florida 32399-6609. For a tax rate increase to take effect on October 1, 2001, this notice must be postmarked on or before July 16, 2001. If you have any questions on the Model Resolution/Ordinance, please feel free to call Ken Small at the League, 800-616-1513, ext. 275. H:\TELECOMWIODEL MUNICIPAL RESOUTION INTRO RATE INCREASE.doc Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA ITEH C.3. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOI . 7;i ?71 5:23 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dares [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the purchase of the ALERT AM Emergency Advisory Radio Station. EXPLANATION: This AM radio station will supply emergency notification to residents and visitors of the city of evacuations and shelter information. The purchase is funded through a grant award from the Department of Community Affairs, State of Florida. The purchase is based upon a piggyback award from Pinellas County. PROGRAM IMPACT: This radio system will provide emergency and non-emergency information to the citizens of Boynton Beach. It is anticipated that during hurricane season, critical information pertaining to immediate evacuations, shelter information, and evacuation routing will be supplied via a well publicized AM radio channel. Shelter and emergency evacuation routing information will also be available to persons traveling on 1-95. FISCAL IMPACT: The purchase of this system is 100% funded through the grant. $17,390.00 ~~ Pur.~sl :h ~x~ty funding °r ch°°se n°t t°~ C 1-'DL'parmlent Head s Signature Citer Manager' s Sigl~atur e Fire Rescue Department Department Nme ~/ ' CiW AR~ty~F~ce / Hm~ Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACK" PINELLAS COUNTY, RFP # AM STATION IN THE AN WHEREAS, this AM radio station will supply emergency notification to residents and visitors of the City of Boymon Beach of evacuations and shelter information; and WHEREAS, the purchase of this system is 100% funded through a grant award from the Department of Community Affairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" R.F.P. of Pinellas County Bid No. 8152, to Information Station Specialists, Inc., for the purchase of ALERT AM Emergency Advisory Radio Station in the mount of $17,390, 100% funded bya grant award from the Department of Community Affairs. Section 2. That this Resolution shall become effectiVe immediately. PASSED AND ADOPTED this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk s:Reso~.Bid Award~M P.a~o061201 Commissioner Commissioner STATE OF FLORIDA DEPARTM JEB BUSH Governor Mayor Gerald Broening City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 ENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" April 26, 2001 .- Dear Mayor Broening, The Department of Community Affairs is pleased to forward to you an agreement for you recently awarded _com.pe~fifive grin. t funded, fr.o~_m, ~..e.~E.~me~r~n~c~Y,,~es~og~me een;~ru~eP~r~ydnt~}s and Assistance Trust lmnd. t:nclosea are an ongmm ~,~u --~ proper official for an mount not to exceed $19,995 Twenty five (25) percent of the award may be advanced. Please indicate on Attachmem F, Funding/Consideration, section C., 1 or 2, whether or not an advance payment will be ested Ail such requests must be accompanied by a detailed justification as. to the need requ . ' x ' s ma be re nested thereafter, at for advancing the funds. Payment of reimbursable e penditure y q the end of each quarter. After your review, please have the appropriate official sign and return all four documents to this Department within thirty (30) days of the date of this letter for final execution. A fully executed copy will be returned for your records. ' on relations on your award;.we look forward to workin~g with, .Y,_.o~_ttu+~ff~r~)atege of · C gra ..... . , ~ ,-__.a_ ....... ,~,.,,-v mm.,nuemeflt capaolnuc:~ m Floridm If you have any quesUons, please uu ~ (850) 413.9939. Sincerely, Oonesh, Manager Edgar W. dn EWG/so Enclosures 2555 SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278.0466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAl. STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Ovesseas Highway, Suite 212 2552 Shumard Oak Boulevant 2555 Shumard Oak 8o~levald 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 Taliahassee, FL 32399-2100 Matamo~, FL 33050-2227 iS50} 488-2356 (850} 413-9969 (850) 488-7956 Sent By: INFORMATION STA SPC; 616 772 2966; Jun-4-01 11:31; Page 1 Information S~tion Specialists, Inc. PO BOx'51, 3368 88 AvenL~e, Zeeland, MI 49464 616.772.2300 * Fax 6t6.77; ~ * After-Hours Paler 800.901.3698 Emall Bill~heRADIOsourCe.com WebSlte www.theRADIOsource.com TO: Jim Ness DATE: 6-4~)1 OF: BOy~tton Beach Fire Dept FAX: 561-742-6334 FROM: Bill 6aker PHONE: 561-742-6332 Quotation Valid for 2001 ALERT AMe - Emergency Advisory Radio Station With 14.3 minutes of recording time and upto 250 fully dynamic broadcast messages, operated via Veiceprompter style telephone interface. See specifications sheet for detail. Roof or Yard Style provided. (Non-building (isolated) style, adds $1200,00) $13,995.00 Complete Package TranSmitter, Antenna, Prewirecl Grounclplane, Digital Message Programmer in dual door rack-mount Security Cabinet. With all widng, mounts, metering, connectors & inStructions. Special Feat~r,e,s 4-Day Operational Battery Backup Automatic switch-over to battery operation with loss of 120V AC power service. Live Broadcasting with local microphone, real-time NOAA Weather Radio Allows the scheduling of Weather Radio cut-ins as part of the regular programming. Coming soon; weather Warnings broadcast automatically. Siren Interface Allows triggering of different messages, based on cues provided by a siren, alarm or pusl~button system. Continuous Broadcasting Continu<)us broadcasting of messages dudng times ef program updates, to prevent dead air during a disaster Remote monitoring of the broadcast via telephone Verification that your broadcast is on the air. By: INFORMATION STA SPC; 616 772 2966; Jun-4-01 11:31~ Page 2/4 Style Roof/Yard Style Equipment located in the building, antenna on the roof or pole-mounted in the yard N/C Services Frequency Search & FCC License Assistance Research to determine available AM frequencies and preparation of your FCC License AppliCation for your signature and submission. (A FCC License is required unless you are a federal agency and will obtain the license through federal channels.) Installation Assistance This affordable service package allows you to do the physical site preparation, while ISS handles the electronic and FCC documentation work, training your staff in the operation and maintenance. $ 295.00 $ 3100.00 TOTAL $17,390.00 Information Station Specialists will extend the Pineilas County RFP # 001-0259 award to the City of Boynton Beach. Sent By: INFORMATION STA SPC~ 616 772 2966.; Jun-4-01 11:32j Page 3/4 Ordering checklist Choose Style: Isolated, Roof or Yard Frequency selection Services desired Visit our website at www. theRADIOsource_cOnV~_n;x;!.uctS alert~.~.am.htm to view and download literature on the ALERT AM - Emergency Advisory Radio Station. For assistance planning your station, click: www. theRADIOsource.com/pmducts tisaa~)lan.htm, Product availability typically 30 days after receipt of order. Terms: Net 30 days to governmental entities arid their agents; CheCk'With-order Or COD for initial orders from private~sector entities, Prices valid for 180 days from the quotation date. 1-year parts & service warranty. PurchaSeS from ISS, inc., are subject to the iSS 'Standard Terms and Conditions~ agreement, which is signed by the purchaser, becoming part of the contract, Sept By: INFORMATZON STA SPC; 616 772 2966; Jun-4-01 11:32j Page 4/4 _,~t~ndard Terms and Conditions This document shall be pert of a purchase contract with Information Station Specialists. Inc. Billin.~ Payment terms by the buyer of 185 equipment and services (referred to as "buyer' hereafter) shall be net 30 days (maximum). Information Station Specialists, Inc., (referred to as hereafter) reserves the rig~ to bill for equipment at tl~ time ol delivery and separately for labor at the time of completion. Deliveries of equipment and :.provision of services may be in stages and partial billing may occur as the project proceeds, ISS reserves the right to postpone or cancel field labor or subsequenf equipment shipments in the event that invoices beyond 30 days are unpaid. Net 30 payment terms are exclusive of any arrangement or contract the buyer has with any other party, including his customer, if any. A t .5% interest charge shall be levied against invoices not paid withinlthe 30-day period, beginning on the date 30 days has elapsed, and monthly on that calendar date, thereafter. Field Labor : Additional field labor required of ISS technicians due to lack of preparation on the part of the customer or his agents or contractors under his direction which shall be billable at the following formula: Cost + $851hour per technician in the field ~- $40/!1our per technician for travel, billable under separate contract. A 30 day minimum lead time is' required to schedule field labor. &ubmittals By entering into this agreement, the buyer agrees that specifications of the equipment are acceptable to him and to his customer, if the equipment is to be resold to another party, FCC Licensint:l ISS: cannot guarantee FCC approval of license applications in advance of the grant. Radio equipment purchased in advance of the FCC license grant is at the risk of the buyer. Components that might subsequently require return Or modification is subject to billing by ISS for additional freight, labor, parts or restocking fee, payable under a separate contract. Services rendered shall be paid as billed. Reception ISS is not responsible for interference from or to: Environment; Nighttime skywave, power wires, other communications systems Other AM radio stations, TIS or commercial ., unless as a result of I$$ equipment malfunction or manufacturing error. ~ signal rece¢ion cannot be guaranteed at any I(x;ation unless a signal test is performed in advance of the provision of equipment and services.' In such a case, similar reception can be guaranteecl only given the same environmental conditions and equipment configuration that were present during testing. Signature Date Sent By: INFORMATION STA SPC; 616 772 2966~ May-22-01 14:36; Page 2/2 365 COURT STREET CLEARWATER, FLORIDA 337,56 JOHN tlK3(qiaoNI K~dNETH T. WL~..C~H May 3, 2001 INFORMATION SYSTEM SPECIALISTS P.O. Box 51 3368 $$~ Avenue Z~eland, MI 49464-005I Re.' Award of'R~st For.Proposal 001-0259-P(JL) .. Trattic Information Systenm. .. Dear Mr. :Baker. On Tuesday May 1, 2001, tl~.Bo'ard of CotmtY'.Commissioncm'awarded a conlraet ..to your company for Supply of Traffic Information Systems. Prior to.issuanc~ of a purchase order to your co~y, Pim~llas County Will'r~luim proof of insaram:e, as documented in'thc Re;quest'For Proposal docura~m. We.will also r~iuire ex~ution of'the tb.r~ (3) agreements as per attac~. Each ~nt. shall,-require two (2) signatures from. your firm. "Please do not'fill in the.'date on!the f~ont page of the ' .agr~mem% this will be comp!eted,.by Pinollas Couixty; upon'final cXl~uti0n- .' Please rctttm all.:.thr~ egmemenra to us, pr~feraNy by overnight card~.. We will return an.original to you with the purchase ord,r. If you have any qucstion,_q, please call me at 727/464,3311. Attaelmaent: Tl~ee.agrccmcnts for cxccution David.Bil~e~ Director ofEmerge, m'y Mimagcment PUROHASING DEPARTMENT ' 400 SOUTH FT. HARRISON, SIXTH FLOOR CLEARWATER, FLORIDA 33766 '~,..~ TELEPHONE: {?~7} 46~-3311 · F~.: (727) 464-3925 WWW.CO. ptnell~s.?l.u albcc/puroha$img - "Pineffas County is an Equal opportunity i~mpt0yer' - Mem'l)er-Pinetlas Partnership for a Drug. Free Wad(pla;Ge ~ Finted'on recycled paper Sent'By: TNFORUATTON STA SPC; 616 772 2966; May-22-01 14:00; Page 2 P~ l .. OR Y FOR THE INCONVENIENCE, HOWEVER DUE TO CONSTRUCTION, PLEASE ALLOW SUFFICIENT TIME PRIOR TO PROPOSAL SUBMITTAL FOR PARKING AND ENTRY TO 400 SOUTH FORT HARRISON" Pin®lies County BOard ~f CoUnty Commrssloners Purchasing Department 400 ~ FL Harrison, Sixth Fl~or C~ean~ater, Fkxlda 33756 . ~BMIT PROPOSAL TO: IREQUEST FOR PROPOSAL PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS PROPOSAL TITLE: TRAFFIC IN FORMATION SYSTEMS- RADIO & TELECOMUNICATIONS PRE-PROPOSAL CONFERENCE: MANDATORY NON-MANDATORY X NIA DATE/TIME: December 19, 2000 at 2:00 PM, Pinellas County PurchaSing Conference Room, 400 So. Ft. Harrison Ave. Clea~amter, FL. PROPOSAL NO: 001-0259.P (TS) www.co, pineilas.fl.us PAGE 1 OF 15 PAGES COMMISSIONF-P.S NOT BE WITHDRAWN FOR CONTACT PERSON: PRO~OS~. SUaUrrrAL IS DUE:~.3.;00-P._M... i JANUARY 18, 2001 AND MAY 120 DAYS AFTER SUCH DATE AND TIME, :TIM SHOBY PHONE: .Z27 464-3Zll RQBERT ii. $'rL~V,la~T . Ca'[AIRMAN ~ ~N.T~ ~HN ~1 THE ~SiON_OF Pi~I~ C~n~ ~mme~t ~ ~i~ p~ publl= ~1~, ~t~ puUic m~ement ~ ~bllc ~ ~ ~t ~ ~ds a~ ~ ~ our ~s ~y a~ ~. ISSUE DATE: DECEMB~ 8, 2000 Oir~or of PurGhasing r '~"'.TiON A GENERAL CONDITIONS OF REQUEST FOR PROPOSAL A non-mandatory Pre-Proposal Conference will be held December 19, 2000 at 2:00 P.M., 6t~ floor, 400 S. Fort Harrison Ave., Clearwater, FL 33756. Proposal modifications or suggestions may be discussed with County representatives at this time. The Board of County Commissioners reserves the right to reject any or all proposals received if it is felt to be in the best interest of the County to do so. Proposals will be opened Immediately after the proposal submittal date and time by the Pinellas County Purchasing Department, 400 South Fort Harrison Avenue, Annex Building, 6th Floor, Clearwater, FL 33756. The public may attend the proposal opening, but may not immediately review any proposals submitted. The names of respondents only will be read aloud at the time of opening. Pursuant to Section 119.07(3)(m), all proposals submitted shall be subject to review as public records 10 days from opening, or earlier if an Intended decision is reached before the 10-day period expires. General Information and Instructions to Proposers are contained in the Terms and Conditions herein. FOR FURTHER INFORMATION OR QUESTIONS, CONTACT THE PURCHASING DEPARTMENT, telephone 727/404-3311. .prOposals shall be submitted in one (1) odginal and six (6) copies. Please see page 13, Section E. ~ Sent By: INFORMATION STA SPC; 616 772 2966; May-22-01 14:00; SECTION B TRAFFIC INFORMATION SYSTEMS ~ RADIO & TELECOMUNICATIONS 001-0259~P(TS) Page 3 P~$e 2 INTE, NT: Pinellas County is seeking proposals from interested and qualified vendors to sell and install, including site planning, up to five IoW~?powered traffic information systems (TIS) and to assist the County in obtaining any needed licenseS and permits. AWARD: Award will be made lo the most responsive proposal, based on evaluation by a committee of qualified County personnel, including using the evaluation criteria detailed in Section C, Proposal may be accepted on all 'or part of the requirements specified. The County reserves the right to award to multiple providers, PERIOD OF CONTRACT: NIA ~_PT_!..O.,.N OF RENEWAL: NIA ORAL PRESENTATION: An oral presentation of proposal may be requested of any firm, at the Evaluation Committee's discretion. PRICE: Prices/Discounts shall be firm for each twelve (12) month period during the term of the contract. Payments shall be made in accordance with the Florida Prompt Payment Act. PAYMENT/INVOICES: The bidder must specify on the Proposal . Submittal form exactJy the company name and address which must be the same as [nvoiceslsubmiffed for payment as a result of award of this RFP. Further, the successful bidder is resP~onsible for immediately notifying the Purchasing Department of any company name change ..which would cause invoicing to change from that originally submitted. PAYMENT WILL BE MADE IN, IN ARREARS, IN ACCORDANCE WITH FLA. STAT. § 218.70, et. seq., THE FLORIDA PROMPT PAYMENT ACT. ,CANCELLATION AGREEMENT: Pinellas County reserves the right to cancel tltis contract without cause by givingr thirty (30) days prior notice to the contractor in writing the intention to cancel or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contradcor to comply with 'any of the provisions of this contract shall be considered a material breach of contract and shall be-cause for immediate termination of the contract at the discretion of Pinellas County. Sent By: [NFORMATION STA SPC; 616 772 2966; May-22-01 14:00; Page 4 In addition to all other legal remedies a~ii~i~ ~b'Pii~lla~ County, Pinellas County reserves the right to cancel and obtain from another source, an), items which have not been delivered within the period of time stated in proposal, or if no such time s statect, within a reasonable pedod of time from the date of order as determined by Pinellas County. NON-AS~.IGNABILITY: No interest under this contract may be assigned, nor duties hereunder delegated, without prior written oc~nsent of the B°ard of County Co~missionersj In case such co~sent is given, the 10. 11. 12. 13. 14. 15. FISCAL NON-FUNDI..N,, ,,G CLAUSE; In'the event sufficient budgeted funds are no[i available for a new fiscal period, the County shall notify the provider of such occurrence and COntract shall terminate on the last day of current fiscal peric~d withOUt penalty or expense to the:~ County. SERVICES CONTRACT: A written contract in substantially the form attached, incorporating the Request for Proposal and the successful prOposal will be prepared by the County, signed by the successful proposer and presented to the Board of County Commissioners for approval and signature. STAT. EMENT RELATIVE TO "PUBLIC ENTi .~. CRIMES": The contractor is directed to the Flodda Public Entity Crime Act, 287.133, Florida Statutes, and the County's requirement that the successfuli bidder comply with it in alt respects prior to and during the term of this contract. RIGHT TO AUDIT: Pinellas County reserves the privilege of auditing a vendor's records, as such records relate to purchases between PJnellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Purchasing Ordinance 94-51. Records should be maintained for three years from the date of final payment. DEFINITIONS: The terms "vendor", "prOvider", "bidder'', "contractor", "offeror" and "proposer" shall all refer to service provider. CERTIFICATE OF INSURANCE: The provider will be required to provide a certificate of insurance, in accordance with the insurance requirements contained in Section D of this Request for Proposal, pdor to issuance of a Purchase Order. : 16. CONTRA_CT ASSIGNMENT: The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior wriffen permission by the County.i Sent By: :[NFORUATZON STA SPC; 616 772 2966; May-22-0! 14:01; Page 5 Pa~ 4 Subc,,o,n, tractin_¢l,_: If the bidder intends to sdbcontract:a portion of this work, the bidder must disciose that intent in the bid. The and with that disclosure present shall be consl 17. PRE-PROPOSAL CONFERENCE: A s scheduled for December So. Ft. 'Harrison at 2:00 P.M.,' Purchasing All c Proposal. this for 18. 19. ADDITIONAL. SERVICES: The County reserves the rightto request additional services relating to this 'Agreement from the Contractor. When approved by the Board of iCounty Commissioners es an amendment to this Agreement and authorized in writing, the Co~tractor shall provide such additional services as may become necessary. Additionally, the Board of County commissioners and other governmental agencies located within Pinellas[ County, reserve the'right to utilize this contract RIG~S..OF PINELLAS COUp,IN REQUEST. FOR PROPOSAls., ,PROCESS: In addition to all other rights, of the County under Florida law, the County specifically reserves the following: Pinellas County reserves the dght to rank firms and negotiate with the :highest ranking firm.: Negotiation with an individual proPoser does not require negotiation with others. Pinellas County reserves the dght to Select the proposal that it believes will serve the best interest of Pinellas Coun!y. C. Pinellas County reserves the dght to reject any or alt Requests for Proposals. D. Pinei!as County reserves the right to cancel the entire Request for proposal. Pinellas County reserves the dght to remedy or waive technical or immaterial errors in the Request for Proposal or in proposals submitted. 20. F. PJneilas County reserves the right to request any necessary clarifications or proposal data without changing the terms of the proposal. G. Pinellas County reserves the right to make selection of the proposer to perform the services required on the basis of the original proposals without.negotiation. EXC EP~,,O, NS: Proposers are cautioned that if they wish to take exception to any of the terms or conditions of this Request for Proposal, such exception must be filed with the proposal. Failure to file exception to these provisions with the proposal may lead the County to rule that items not exception are non-negotiable. Sent By: INFORUATION STA SPC; 21. WRITI'EN QUESTIONS: 616 772 2966; May-22-01 14:01; Page 6 All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing (mail of fax) to the Purchasing Department and received not tess than ten (10) days prior to the scheduled opening date, Responses to 'questions may be handled as an addendum to the Request for Proposal if deemed to affect the understanding of the requirements of the Request for Proposal, i0r if the response would provide clarification to requirements of the Request for Pr~posal.i The Purch~slng Department will be unable to 22. Award simila~ term COntracts apply sepa, Revised 03/03100 County to utilize the Vendor for all work period. This }s not an exclusive contract. y contract With other companies for interest. In the case of multiple- ately to each term, Sent By: INFORMATION @TA SPC; SECTIO,.N C 616 772 2966; May-22-01 14:01 Page 7 Pa~e ~ 1.0 Purpose of the Request for Proposal Pin stall, assist the ) Provides work, 2.0 Project BackgrOund Pinollas County is a coastal commL coast. Its population is more th backgrounds, pinellas County i square m~es. loCated on a small peninsula on the Florida West. central ; of various ethnic, social, and economic ~econd' smallest county in Florida, 280 The elevation of Pinellas County ranges from Mean Sea Level (MSL) to 97 feet. The County is divided into twa different topographic features that also corresPond to elevation: 1) the ridge. which consists of gently rolling hills, with elevations between 40 and 97 feet; 2) the transition area, with elevations between 10 and 40 feet; 3) theiflood plain, with elevations between MSL and 10 feet; 4) the barrier islands, with elevations between MSL and 10 feet? and 5) the coastal filled areas, that have elevati6ns between MSL and 5: feet. Pinellas County suffers from significant problems regarding public information before, during, and after a disaster. During emergencies such as hurricanes, county residents and visitors neec~ to receive continuous, reliable information without the interference of competing media or contradictory sources. Additionally, those passing through the county need to be given accurate information on road conditions and mutes ofi travel. Information regarding shelter locations, evacuation routes, and bridge c~osures are c~itical. After a disaster, residents need to know where to find disaster relief, the status of their Community disaster and to be kept apprised of the local government's actions. Pineilas County is exploring the option of using Iow-powered AM transmitters to provide this eady warning and public information. Vendors can obtain more background information on the Emergency Management Department and its programs via the lnternet by going to www. pinellascounty.or.g/ema. 3.0 Project Description Pinetlas County envisions reducing its emergency communication gaps by placing these Iow- powered AM radio stations throughout the "county. This would allow all citizens and visitors to receive up-to-the-minute messages relevant to! an emergency event over a standard AM radio. Additionally. the County will have direct access to those messages and can change them remotely. 24-hrs a .day. These transmitters must be "turn-key" and be reliable during day and night time operations. The county will begin this endeavor by Installlngl three (3) Traffic Information Systems in the lower I~aif of Me county, covering the majodty of its population and major traffic routes. The broadcast signal must be able to reach all major bridges leading in and out of the county. Sent By: INFORMATION STA SPC; 4.0 ObJectives 616 772 2966; May-22-01 14:02; Page 8 By installing traffic information systems, Pinetlas County expects to improve emergency public information by providing: continuous, countywide radio coverage including all the major bddges and barrier islands emergency warning and disaster information to Pinellas County residents and visitors hurricane evacuation instructions to motorists travelling county evacuation routes and bridges disaster relief information and instructions after the impact of a disaster up-to-date information by easily accessing the recorder at any given time 5.0 Scope of Work The selected contractor will be responsible for installing up to five traffic information sys[ems (TIS) covedng Pinellas County. The County will prcivide site locations for the systems. However, the contractor will provide his or her expertise in site selection, frequency allocation, and propagation. 5.1 Site Determination Assistance Assist the County in determining the best possible choi~,e from a variety of sites. The determination may include exploring options of using existing facilities, towers, or land for antenna and transmitter placement. The county may call for recommendations on other non- radio aspects such as security, aircraft operations, and access. Discuss options your company can accommodate for systems installed in open-space areas, roof mounts, existing communication towers, or Other limited space locations. 5.2 Frequency Evaluation Conduct AM frequency determinations. The selected contractor shall advise the County on the best possible use of available frequencies. This may include transmitting on one frequency by all transmitters or transmiffing on separate, frequencies or any combination there of. The contractor may be required to conduct a spectrum analysis and determine 'propagation. 5.3 FCC Licensing and Permitting Assistance Assist the county in obtaining all required operating licenses and permits. The contractor will be required to obtain the proper documents from the Federal Communications Commission and assist the County in processing them~ Additionally, the contractor will ensure that the installation of the components, support poles, antennas, etc., meet local ordinances and zoning restrictions ensuring proper permits=:are obtained. The contractor will also coordinate with other organizations such as the Federal Aviation Administration. as needed. 5.4 System Installation Install all the components that make u P the Traffic Information System. The contractor will determine the best support and grounding methods for the system in relation to the site. The contractor will coordinate with the county:: and its utility providers such as telephone and power supporting the systems. Additionally, the County seeks options for redundant components such as alternative power and Cellular phone interface. Sent By: TNFORMATTON STA SPC; 616 772 2966; May-22-01 t4."02; Page 9/18 5.5 Test and Evaluation Conduct tests and measure the effectiveness of broadcasting. The contractor wilt fine tune components as needed, Determine areas where reception is 'bad. The cOntractor will conduct evaluations both during the day and the n ght under various conditions to determine this effeCtiveness, 5,6 ,System Training The co 5.7 System Maintenance and Repair Provide a list of qualified, licensed radio repair services that can maintain the systems and provided 24 hour/7 day repair services, Include companies that provide annual maintenance agreements beyond.the warranty pedod. 6.0 Specifications: TlS AM Transmitter NOAA Weather Radio Receiver Digital Audio Recorder with remote access capability . '.,: '!,.":" ,. -'"" I~'~,~*, , 10 watts Complies with FCC minimum requirements Frequency: 162.550 FIP$: 012103 1§ minutes Multiple tracks or channels with minimUm ability to change sequencing Backup power 3 days Battery or solar with uninterrupted auto switching Cellular telephone inter[ace Dependent Support systems on location Best windload offered Warranty Two years minimum 24houdTday service 7.0 Response Instructions Submit one signed original and three copies of your proposal to the Pinellas County Purchasing DepartmenL 8.0 Evaluation Criteria The County will review and rate all proposals received from potential contractors. This section specifies the criteria that will be used bY the County to evaluate and score responses from responsive and qualified proposals. ProposerS shall include sufficient information to allow the County to thoroughly evaluate and score their proposals. While cOst will be weighted heavily, it will not be the sole deciding factor in the selection process. Each proposal submitted shall be evaluated and ranked by an evaluation committee based upon the following: Sen~ By: INFORUATION STA SPC~ 616 772 2966j · Company QualificaUons and Experience · Project Approach · Maintenance and Support Capability · System Transmission Capability · Total Project Cost May-22-01 14:02; 20 points 10 points 10 points 20 points Total: 100 points Page 10/18 8.1. Company Qualifications and E. xpedence Proposers shall clearly document that theylhave the qualifications and experience necessary to successfully complete the Scope of Work items specified in the RFP. Proposals shall include, but are not limited to, the following: company's primary business focus, company's pdor experience with similar projects, project personnel and experience, and applicable company references. 8.2. Project Approach Proposers shale cleady explain their approach for successfully completing this project. Proposals shall include, but are not limited to, the following: site planning assistance. transmitter and antenna support methodology, AM frequency use, licensing assistance. system installation and experience, propagation verification, and quality assurance measures, Provide a generic schedule, with milestones, in terms of days and/or'weeks that the proposer expects to complete the project The County will consider any alternativesi the proposer recommends that will achieve the same objectives stated in this RFP. Specifically, state any strategy or recommendations regarding design, system type, or remedies= to common problems. 8.3. System Transmission Capability Since the main objective is to reach as many listeners as possible, the County is interested in providing the largest transmission signal, within FCC guidelines, during day and nighttime operations in adverse conditions. Proposers shall address their transmiffers, signal strength, grounding systems, and transmission quali~. 8.4. Total Project Cost Proposers shall clearly list their price for p~viding all products and services included in this project. Proposals shall include a breakdown of labor and material costs that include, but is not limited to, the following: site deterniination assistance, FCC licensing, and system installation. When 'more than one option is provided for this project, provide separate pdce quotes for each option. Include any costs ;required to complete the project not discussed in this RFP. Sent By: TNFORMAT]:ON STA SPC; 616 772 2966; May-22-01 14:03; Page 11/18 Proposal for Pinellas County RFP # 001-0259-P (TS) Traffic Information Systems Information ~}tation Specialists, Inc. Zeeland, MI 616-772-2300 FAX 616-772-2966 Email issl~theRADIO$ource.com Contents General History and Summary Work References Staff Experience Referenced Proje~;t Project Discussions and Costed Proposals Warranty and Service Information Signature Proposal preparation: William. W, Baker Sen~ By: ZNFORMATION STA SPC; 616 772 2966; May-22-01 14:03; Page 12/18 Information Station Specialists - History and Summary Information Station Specialists; since its beginnings in 1983, has become the dominant provider of Highway Advisory (HAR)/Travelers Information (TIS) Radio Equipment and Services in ~ United States. Since 1990, ISS has provided an average of 85% of aiI!HAR/TIS Radio stations installed, l~Ormation Station Specialists is the only company in the United States whose fuiltime business is dedicated strictly to Travelers Information and HigllWay Advisory Radio. [,nfo,,rmation Station ?. peCialists has .made its mark as in ~innovator in HAR and TIS system design, cna,enging conventional theohes of equipment deployment and insta lation. 1SS is credited with: the ..man. ufa. cture of the first .I:~rtable HAR station (for the california Department of Transportation in 1986), me Tirst preassembled antenna: groUodplane (1989), the first TIS station on new in-band AM freqUencies ~ _fo,r.. ~ N~i _o~_ a.l Park _S?rvice i.n 19~.1), ,xpa~ ~'~e liAR ~'~taiofts (SuperStation 3000 ?~z), me hrst unwersall.y ?ortable HAR station (1993),.a trailer-mounted HAR with a flashing advisory s~.n ar~ porta?e gm. u._ndp~anes (R,E~,.CT_System, 1994), Synchronized HAR stations (1995) ~he first TIS raaio program tormat HravelTalk Radio ~-ormat 1996), ~PC co~ntrol of a HAR network, including solar _l~0_wered UHF wireless flashing advisory signs (StationMasterT~ Software. 1997) and the first full-service TISIHAR website and web newsletter (vc,,cw.the~lOs0urce.~, 1999) Now in its 18th year, information Station Specialists provides a spectrum of HAIR and TIS products and ~se~rv~i .c~.s to ~ United.sLateS market, including projec~ planning, FCC licensing and installation services, t-~u field studies and training. The combinatior~ of a quality customized product, a broad range of services and a competitive pricing policy has made: ISS the supplier of choice for most Of the nation's highway departments, airpo~, outdoor recreation areas, and local gOVemmants - the biggest u~ers of HAR/TIS technolOgY. ISS is the sole Provider to many prestigious clients such as the National Park Service, the Pennsylvania Turnpike, the California De~rtment of Transportation and'Kennedy Space Center. More than 1000 stations have ~een provided and installed in all 50 states. Staff Experience Information Station Specialists' staff works as a team to complete your project. William Baker, President, has 20 years of experience in 'the licensing, design and implementation of Travelers Information Raclio Systems. Other t88 staff members a,.~signed to your project (project management, administration, fabrication, installation & training) add an additional 29 years, to yield a total of 49 combined years of experience exclusively within the Travelers Information industry - alt brought to bear on your project. Additionally, Information Station Specialists ~s far and away the best-known name in the industry, with its beginnings as a company in 19~3. No other firm regularly engaged in Travelers Information business can trace its name to a date before 1995. Information Station Specialists has been at the same contact address and telephone number continuously since 1986. Sent By: [NFORUATION STA SPC; 616 772 2966; Uay-22-01 14:03; Page 13/18 Work References New York State Thruway Authority 200 Southern BNd. Albany, NY '12209 Provision and jnstall~iOn of an 11- emp;oying both synchronous and Bill Countermine Status: Ongoing since 1991 ~to New York City 518-471-4279 PO 94274 trte Javier Del Rio installation ( Status: Ongoing since 1990 National Park Service PO Box' 25287 Denver. CO 80225 Status: Ongoing since 1985 Provision of niobe than 100 TIS Stations at National Parks and Historic Sites throughout the USA Frank Weed 303-969-2084 Sent By: INFORMATION STA SPC; 616 772 2966; May-22-01 14:-03; Page 14/18 Project Discussion The proposed projec~ is defined by the geography of the COunty itself and the capabilities of the radio systems which the Federal Communications COmmissiOn makes available for these applications, sFuOr the.sa.k? ~., this pro.?o .~.1, we ha.ye assumed that a total of radio three stations will be installed (as ggestea Dy [ne specifications, ana we have assembled pricing such that it is clear how to extrapolate pricing upward to i~lclude aclclitional radio stations. All of the proposed equipment meets and exce .e? the Specifications of RFP 001-0259-P (TS} dated December 8, 2000. Additionally, the proposed: ALERT:AM Emergency Advisory Radio product offers many further benefits, including: 4 day operatiOnal battery backup system with Iow voltage disconnect circuitry Automatic broadcasting of NOAA weather warnings, auto-¢eset and defeatability Interface with existing or future siren systems'to trigger stored message patterns when sirens Sound Most current transmitter on the market. See: ' www.tfleRADIOsourqe..comtpreducts its transmitter, him for description of features Concentrated antenna groundplane systems which can install in small areas to save space (ALERT AM specifications are attached) We provicls two proposals, herein, due to the two kinds of methodologies presently available for signal propagation: systems wr~h high efficiency TISIH^R antennas (first proposal) and systems with conventional TIS/lIAR antennas (second proposal). Arguments for and against the methodologies are presented, with discussion, Both of these prolxxsals assume that the audio will be produced at a single location and distributed to ali three transmitter/antenna locations via leased telephone line. In this way, all three stations have the same program and are precisely synchronized, to produce the effect of one large COverage area. GPS receivers (The CellSynch Option) synchronizes the carriers to minimize cancellatien interference between the stations, so that even in areas that are equidistant, the signal is intelligible without heterodYning. (The alternate mode of operation is for each station to be entirely independent. This is only an option if the middle location is on a different frequency from the Outer two stations, to prevent interference. .~eneralty, it is thought that this is a negative, since the public is required to learn two different receive equencies. Additionally, the Pinellas County area, due to its geography does not allow enough area such that one station has'the required distance to fade i~t between COver~ge areas. For this reason, we do not propose multiple stations on the same frequency ibroadcesting different messages. Were this design to be used, cross-talk wOuld occur between the Stations and large areas of the county would not receive service. Pricing includes the requested 2 year warranty an additional year above the standard I year warranty), 24 hour service response, licensing, installation and planning services Sent By: INFORMATION ST~ SPC; 616 772 2966; Uey-22-01 14:04; Page 15/18 Proposal #1 - ALERT AM with High Efficiency Antennas Review the Map Orient yourself wfth this proposal by first reviewing the map labeled 'Proposal 1 ." rules all to Pro~ Total rather than partial coverage of the couoty ~uring emergencies Cons sites with area equipment 4) 90 day equipment leadtime Milestones thereafter. Eauiorl~ent ' cost to install Equipment=Delivery and license approval at 90 days; typical, installation completion 30 days ALERT AM Emergency Advisory Radio Systems $13,995.00 (Credit back for single audib source) SuperStation 3000 High Efficiency Antenna SyStems $ 9, 000.00 Ce,phone Interface $ 695.00 Cai/Synch Signal Synchronizers $ 2,200.00 Distribution amplifier $ 600.00 Services I Site Survey 1 FCC Licensing I Turnkey Installation and project management 1 Extended warranty and 24 hour response (2 yrs) ($ 4,0OO.OO) $27,O00.00 $ 695.00 $ 600.00 $ 1,500.00 ' $ 1~5O0.00 $ 295.00 $ 295.00 $44,O00.00 $44,000.00 $ 1,000.00 $ t,000.00 TOTAl..* $119,675.00 Sent'By: INFORMATION STA SPCj 616 772 2966~ May-22-01 14:04; Page 16/18 Sent By: [NFORUATION STA SPC; 616 772 2966; Ma¥-22-01 14:06; Page 17/18 Proposal #2 - ALERT AM with Conventional Antennas Review the Map Odent yourself with this proposal by first reviewing the map labeled "Proposal 2." Pros Lower cost that high efficiency antennas Cons Less overall coverage Milestones Equipment Delivery and license approval :at 30 days, typical, installation completion 30 days thereafter. FCC Licenses typically granted at 90 days. Costs Equipment 3 ALERT AM Emergency Advisory Radio Systemb (Credit back for single audio source) Cellphone Interface 3 Cel/Synch Signal Synchronizers 1 Distribution amplifier $13,995.00 $41.985.00 ($ 4,0oo.o0) $ 695.00 $ 695.00 $ 2,200.00 $ 6,600.00 $ 600.O0 $ 6OOOO Services Site Survey FCC Licensing ~'urnkey Installation and project management Extended warranty and 24 hour response (2 yrs) $ 1,500.00 $ 1,500,00 $ 295.00 $ 295.00 $24,000.00 $24,000.00 $ 1,O00.00 $ 1,000.00 TOTAL $76,67S.00 -Sent By: [NFORMATZON STA SPC; 616 772 2966; May-22-01 14:06; Page 18/18 Standard ISS Warranty and Service Information All Travelers Information/Highway Advisory Radio Stations and the tabor provided by Information Station S~cialists. Inc., (ISS) to install them are warranted by! I.SS for a pedod of one (l) year from the date of installation against defects in worlgnanship. This warranty will be honored by ISS even in Uae event that tile defective component is manufactured by a third-party supplier* Defective com[x3ner~ts can h,~ returned prepaid to ISS for repair or replacement at no: char~ during the 1- y~ar ;W~a~anty peri~:~." This warranty is given in lieu of all other wan'amies expressed or implied i~ctuding warranties of ~nes~ of the Product(s) f~r a particular purpose, In no event shell Information Station SpecialiSts Inc. be liable for incidental or consequential damage to the full extent such may be disclaimed by law. *Computer equipment provided by ISS bears the warranty of the manufacturer. This is the full and complete warranty f~ products anti services. ISS assumes no obi igation or liability for additions or modifications t° the above warranty unless made in writing and signed by an officer of Information Station Specialists, Inc. Service contracts are available after expiration of the warranty ~ Pdcing is $1000.00 per station per year. Service contracts provide for prompt repair and rePlacement of defective c. ompor~nts in [he field. Repair parts may be purchased directly from Information Station Specialists, inc. ISS maintains a 24- hour access line and 24-he, ur fax and email services to make contact simple and immediate. The proposed equipment in~ude8 diagnostic equipment that the user may use to easily identify defective components. Typically, defective modules are removed by the user and sent to ISS for immediate replacement or repair. Free telephone support is p~ovided for all TISIHAR Radio Stations provided by ISS for the life of ~ product.. Technical training may be provided by Information Station Spedalists at the time of system installation or by calling 616-772-2300 to arrange for an appointment. Training is provided at no charge when scheduled with installation wo{k. Signature The following proposal has been prepared by: William W. Baker~ President Infonllation Station Sp~cialisl~ Date Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4. AGENDA ITEM REQUEST FOI Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5i00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates iff to City Clerk's Office [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion'to accept Letter of Credit no. BA 455 from BankAtlantic in the amount of $76,900 as surety for construction of the water and sewer systems serving the project known as Lestcr PUD, Plat 6. EXPLANATION: Lester PUD Plat 6 (aka a portion of Cascade Lakes) is located outside of the City Limits but within the Utilities service area. The enclosed surety will guarantee that thc water and sanitary sewer systems are constructed. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Surety is required by code for the construction of required water and sewer improvements within platted subdivisions. D'~partment Hflffd's Si{~jlature Utilities Department Name City Attom~//~ahce / Human Resources XC: Peter Mazzella (w/copy of attachment) City Attorney " Finance Dept. (w/original letter of credit) File S:'xBULLETIN~FORMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS LESTER PUD PLAT 6 (A/K/A A PORTION~ OF ~), AND ISSUED BY BANKATLANTIC, ( 5) IN THE AMOUNT OF $76,900; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $76,900 as surety for water and sewer systems to serve pro3ect known as Lester PUD Plat 6 (a/k/a a portiOn of Cascade Lakes). NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section t. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit for the project known as Lester PUD Plat 6 (a/k/a a portion of Cascade Lakes), and issued by BankAtlantic, (NO. BA 455) in the amount of $76,900 as surety for water and sewer systems to serve the above project. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this %TTEST: City Clerk (Corporate Seal) s:ca~eso~C - Les~ PUD Plat 6 day of June, 2001 CITY OF BOYNTON BEACH, FLORIDA- Mayor Vice Mayor Commissioner Commissioner Commissioner IRREVOCABLE LETTER OF CREDIT RO. Box 8608 Ft. Lauderdale, FL 33310-8608 (954) 760-5000 May 7, 2001 BENEFICIARY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33437 AMOUNT: $76,900.00 DATE OF EXPIRY: May 6, 2002 PLACE OF EXPIRY: 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304 LETTER OF CREDIT NUMBER: BA455 Gentlemen: We hereby establish our Clean Irrevocable Letter of Credit Number BA455, dated May 7, 2001 in your favor for the account of Cascade Lakes, Ltd., 7777 Glades Road, Suite 410, Boca Raton, Florida 33434 against the terms and conditions described below accompanied by drafts drawn on BankAtlantic, a Federal Savings Bank, 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304 and which bears the signature of the Utilities Director of Boynton Beach. Drawing(s) may be presented at BankAtlantic, a Federal Savings Bank, 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304, attention: Commercial Loan Operations. This Letter of Credit is issued for completion of the on-site and Off-site sanitary sewer and water distribution shown on 98-2046, pages one (1) through eight (8) of the plans by the Wantman Group titled, water and sanitary sewer plans, Lester PUD, Plat 6, dated February 21, 2001. Drafts drawn under this credit must indicate: "Drawn under BankAtlantic, a Federal Savings Bank, Letter of Credit BA455, dated May 7, 2001.. DOCUMENTS REQUIRED: 1. Original BankAflantic Letter of Credit BA455. RECEIVED BOYNTON BEACH UTILITIES City of Boynton Beach May 7, 2001 Page 2 "An Affidavit signed by an authorized agent of the City of Boynton Beach indicating that the total cost to complete the on-site sanitary sewer and water distribution for the project known as Lester PUD, Plat 6". It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year. from the present or any future expiration date hereof unless at least ninety (90) days prior to such date we shall notify you in writing by Certified Mail, Return Receipt Requested, or hand delivery'at the above address that we elect not to consider this Letter of Credit renewed for such additional period. We hereby engage with you that drafts drawn and presented in conformity with the terms of this credit will be duly honored. Payment will .be made via check in the name of Beneficiary listed above, and will be mailed to the Beneficiary's address listed above. Except as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500. As to matters not covered by UCP, this credit shall be subject to and governed by the laws of the State of Florida. This letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida. Sinc~ely, '/Marcia K. Sny~r Executive Vice President Commercial Lending Division Requested City Commission Meeting Dates [] March 20, 2001 [] April 3. 2001 [] April 17. 2001 [] May 1.2001 V-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] May 15. 2001 [] June 5,2001 [] June 19, 2001 [] July 3.2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200l (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Date Final Form Must be Tumed in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16. 2001 (5:00 p.m.) June 6, 200t (5:00 p.m.) June 20. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend approval of resolution reducing the Letter of Credit for TUSCANY ON THE INTRACOASTAL (formerly Bay Vista) from $338,580 to $16,929. EXPLANATION: Please reference the attached Engineering Memorandum, No. 01-071, recommending this reduction based on work completed to date. PROGRAMIMPACT: FISCAL IMPACT: ~Signamre _-Ko Quinms"L. (~ree~e, Direci'or"of Development Development Department Name City Attorl~ 7 ]Sinance / Human Resources S:\BULLET1N~FORMS'xAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON AUTHORIZING A 04)FOR THE FROM $338. EFFECTIVE DATE. FLORIDA, i62451- ON VISTA) $16,929; AND PROVIDING AN WHEREAS, the developer of this parcel, previouSly submitted a Letter of Credit n the amount of $338,580 as surety for excavation and fill for this site; and WHEREAS, the design consultant for the project, Schnars Engineering Corporation, has submitted certification that excavation and fill has been completed in substantial conformance-with the approved plans and permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, >ased upon the recommendation of staff, hereby approves a reduction of a Letter of Credit (No. 562451-04)) from $338,580 to $16,929. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~_TTEST: Commissioner City Clerk (Corporate Seal) s/caXres\letters of Credit\- Red. - Tuscany (Bay Vista)061201 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-071 TO: THRU: FROM: DATE: RE: Quintus Green Director of Development John A. Guidry ~// Interim Director of Engineering ~q~ Laurinda Logan, P.E. ~ CivilEngineer ( ~ May 21,2001 ~ Excavation and Fill Cash Surety TUSCANY ON THE INTRACOASTAL (Formerly Bay Vista) Letter of Credit 562451-04 Altman Development Corporation The design consultant for the above noted project, Schnars Engineering Corporation, has submitted certification that excavation and fill has been completed in substantial conformance with the approved plans and permits. This includes compaction test results. This Department is satisfied with the completion of the actions taken by the developer and the site contractor. This Department recommends a 95% reduction in the Excavation & Fill Surety amount, in accordance with Chapter 7, Section 2.C, Land Development Regulations, City of Boynton Beach Code of Ordinances, for the above noted project. The original surety is in the amount of $338,580.00, therefore the ,r_eduction in surety would be in the amount of $321,651.00. If you have any questions regarding this matter, please contact myself, Laurinda Logan, P.E., Civil Engineer at ext. 6482, or Dave Kelley, P.E., Utility Engineer at ext.6488. LAL/ck Xc: Laurinda Logan, P.E., Civil Engineer, Engineering Department Dave Kelley, P.E., Utility Engineer, Engineering Department Frantz LaFontant, Engineering Inspector, Engineering Department File C:LMy DocumentskBay Vista aka Tuscany on the Intracoastal, Ex. & Fill Cash Surety.doc CITY OF BOYNTON BEACH Department of Engineering OFFICE OF THE DIRECTOR OF ENGINEERING May 21,2001 Mr. James W. Mahannah, P.E. Schnars Engineering Corporation 951 Broken Sound Parkway, Suite 108 Boca Raton, FL 33487 Re: Tuscany on the Intracoastal (Formerly Bay Vista) Letter of Credit No. 562451-04 Schnars Engineering Corporation Proposal No. 99150 Request for Reduction in Surety Dear Mr. Mahannah: We are in receipt of the signed/sealed test results showing conformance with the required compaction requirements. A reduction in surety will be recommended to the Director of Development and will be placed on the earliest possible Commission agenda. If you have any questions, please contact Ms. Laurinda Logan, P.E., Civil Engineer, at 561-742-6482, or Mr. Dave Kelley, P.E., Utility Engineer, at telephone number 561-742-6488. JAG:~LAL/ck xc: Quintus Greene, Director of Development Don Johnson, Building Official H. David Kelley, PE/PSM, Civil/Utility Engineer Laurinda Logan, P.E., Civil Engineer File &\Engineering\Logan\Tuscany on the Intracoastal (Bay Vista) Surety Reduction.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6280 Fax: (561) 742-~285 Requested City Commission Meeting Dates [] March20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA CITY OF BOYNTON BEAC[ ITEM C.6. AGENDA ITEM REQUEST FO1 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] May 15, 2001 May 2, 2001 (5:00 p m ) [] June 5, 2001 May 16, 2001 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report June 19, 2001 June 6, 2001 (5:00 p.m.) July 3, 2001 June 20, 2001 (5:00 p.m.)-~- ~ Development Plus -_ ~ New BusMess ~ LegM ~ Unfinished Bushess ~ ~esenmtion RECOMMENDATION: Motion to approve and authorize signing of the Joint Participation and Funding Agreement with Palm Beach County for the construction of Hypoluxo Road from Military Trail to Congress Ave., authorizing an expenditure not-to-exceed $51,985.00 for the relocation, adjustment or construction of utility lines. EXPLANATION: The Agreement outlines the costs associated with construction/relocation of water and sewer lines based upon bid prices and quantities received by the County. It is advantageous, for coordination and accountability reasons, to have the County's contractor perform the proposed work as part of the roadway project. PROGRAM IMPACT: The proposed construction will maintain the usefulness of our existing water and sewer lines in the project area FISCAL IMPACT: Up to $51,985.00 from the renewal and replacement fund ALTERNATIVES: The City does not have the necessary staff to relocate, construct and adjust the exiting facilities in a timely manner. In addition, restoration costs would make this project cost-prohi~ We do not see, therefore, any reasonable alternative. ' · - Ddpa~ Head's 5~nature- ' City Manager's Signature Utilities C~/]q~ ~ ~7,~ ,/~,~/f~,~ L Department Name ~ City Attorn~/~ Fifiance / Human Resources XC: Peter Mazzella (w/1 copy of attachment) Barbara Conboy " City Attorney " Finance Dept. " S:\BULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC File (w/1 copy of attachment) Department of Engineering and Public Works P~O. Box ~122c) West Palm Beacl~, FL 33416-1229 (561) 684-4000 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman 'An Equal Opportunity Afffrmative Ach'on Employer' April 27, 2001 City of Boynton Beach Utilities Department 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437-2102 ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities JOINT PROJECT PARTICIPATION/FUNDING AGREEMENT IN THE CONSTRUCTION OF HYPOLUXO RD., MILITARY TR. TO CONGRESS AVE. PALM BEACH COUNTY PROJECT NO. 99506 Dear Mr. Mazzella: Enclosed herewith are three original joint project participation/funding agreements for your utility work on the referenced project. Please recall, that Ranger Construction Industries, Inc., the lowest responsive bidder, will be awarded this contract which included your items of work m the amount of $51,985.00. Please review and request the City to execute the agreements and return all three originals for execution by the County. If you have any questions regarding this matter, please feel free to contact this office. Sinc~j~ Omelio. A. Fernandez, P.E., Director Engineering/Public Works Operations OAF/~ Enclosure pc: Edwin A. Jack, P.E., Deputy County Engineer Marlene R. Everitt, Assistant County Attomey-w./Attachment Carl R. Miller, Director, Construction Coordination-w./Summary Evelyn Andrews, Director, Administrative Services-w./Summary Liz Purvis, Senior Budget Analyst/OFMB Richard Farquhar, Fiscal Manager I, Administrative Services-w./Attach. ec: Tanya N. McConnell, P.E., 5 Year Road Program Mgr., Roadway Production Steven B. Carrier, P.E., Special Projects Manager, Roadway Production Div. Serge Jerome, Project Engineer, Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production-w./Attach. F:\ROADWAY~Agtmf99506BBU-LTILdoc ~ printed on recycled paper RESOLUTION ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIREC-I-ING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION/FUNDING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND PALM BEACH COUNTY (COUNTY) FOR THE CONSTRU~ON OF HYPOLUXO ROAD FROM MILITARY TRAIL TO i CONGRESS AVENUE, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $51,985.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY and the COUNTY desire to jointly participate in :he construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements, along the right-of-way of Hypoluxo Road from Military Trail to Congress Avenue roadway improvements; and WHEREAS, said expenditures shall not exceed the amount of $51,985, for the relocation, adjustment or construction of utility lines; NOW, THEREFORE, BE I'T RESOLVED BY THE CI'TY COF4f41'SSl'ON OF THE CI*TY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Joint Participation/Funding Agreement between the City of Boynton Beach and Palm Beach County, a copy of which Agreement is attached hereto as Exhibit "A". Section 2. passage. This Resolution will become effective immediately upon PASSED AND ADOPTED this day of June, 2001. C~'I'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~,TTEST: City Clerk (Corporate Seal) s:ca\Reso\County -.loint Parl~cl3ation/Funding Agr 06080! COmmissioner Commissioner AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF HYPOLUXO RD. MILITARY TR. TO CONGRESS AVE. PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 99506 THIS AGREEMENT, made and entered into this __ day of 2001, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State of Florida, herein referred to as the "CITY", WITNESSETH: WHEREAS, COUNTY and CITY desire to jointly participate in the · construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements, hereinafter referred to as the "Work" along the right-of-way of Hypoluxo Road from Military Trail to Congress Avenue roadway improvements, hereinafter referred to as the "Project"; and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "Work" be constructed with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the right-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 99506. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the mount of $ 51,985.0t'' 'n accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified work. 3. Costs shall be adjusted upon actual contract costs and completion of the project using contract unit prices and actual constructed quantities, said quantifies being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements to an amount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under nm attributable to said construction of the "Work", as outlined in the specification, the CITY will be credited the excess amount. AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. Without v(aiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, COUNTY agrees to indemnify and hold harmless the CITY fi-om and against any claims, losses, demands or causes of action of whatsoever kind or nature that the CITY, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result fi-om the COUNTY's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, CITY agrees to indemnify and hold harmless the COUNTY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the COUNTY, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result fi-om the CITY's negligence or willful misconduct. 10. All pmvis~ons of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 11. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be sent to: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, F133435-3838 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: ROADWAY PRODUCTION AGREEMENT WITH THE CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Warren H. Newell, Chairman ATTEST: SUZANNE KRUSE, CITY CLERK ATTEST: DOROTHY H. WILKEN, CLERK BY: BY: (DATE) (DATE) APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: BY: CITY ATTORNEY COUNTY ATTORNEY F:XROADWAY~AgrmIL99506BBU- J 2 F. do¢ .V. J~I~HDVJ. XV m~ ATTACHMENT "B' PROJECT NAME: HYPOLUXO RD., MILITARY TR. TO CONGRESS AVE. PROJECT NUMBER: 99506 ITEM RANGER CONSTRUCTION INDUSTRIES, INC. QUANTITY/UNITS UNIT PRICE AMOUNT REGULAR ROADWAY ITEMS 65 $ 165.00 $ 1,650.00 17 PREMIUM FOR CONFLICT 4 EA $ 775.00 $ 3,100.00 CONDITION 61 RELOCATE (12" DIP WM) PIPE 800 LF $ 22.00 $ 17,600.00 (Use extg. Pipe & new gaskets) 62 FURNISH & INSTALL 12" DIP WM 2 TN $ 3,335.00 $ 6,670.00 FITTINGS 63 FURNISH & INSTALL 12" MJ DIP 2 TN $ 2,775.00 $ 5,550.00 Fittings 64 12" MJ DIP WATER MAIN GATE 2 EA $ 1,500.00 $ 3,000.00 VALVE ADJUST VALVE BOX (WM) 10 EA CONDUIT 66 SUPPORT (12" WM) (IN TRENCH) 350 LF $ 5.60 REGULAR ROADWAY ITEMS SUBTOTAL $ 1,960.00 $ 39,530.00 CONTINGENCY ITEMS 67 FURNISH & INSTALL 12" DIP 150 LF $ 29.00 $ 4,350.00 WATER MAIN 68 ADJUST MANHOLE 1 EA $ 390.00 $ 390.00 (FRAME AND COVER) 69 PREMIUM TO UPGRADE FROM 3 EA $ 1,665.00 $ 4,995.00 "P" BOX TO "J" BOX 74 DOUBLE ROCK BASE (14") 200 SY $ 13.60 CONTINGENCY PAY ITEMS SUBTOTAL $ 2,720.00 $ 12,455.00 GRANDTOTAL $ 51,985.00 F:LROADWAY~Agrmt~99506BBU-SUM.doc Requested Ci.ty Commission Meeting Dams [] Mamh20. 2001 [] April3, 2001 [] April 17. 2001 [] May 1,2001 V-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI . Dam Final Form Must be Turned in to City Cterk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION:: Approve an addendum to the Boynton Marina Development Agreement between the City of Boynton Beach and AERC of Virginia, Inc. extending the Completion date for improvements to Casa Loma Boulevard to October 15, 2001. EXPLANATION: Section 12. B. of the Boynton Marina Development Agreement, last revised June 6, 2000, requires the Developer to complete improvements to Casa Loma Boulevard depicted on the approved site plan by May 7, 200i. As a result of the change on ownership of the project in December 2000, as well as the need to coordinate the technical details of the proposed improvements with adjacent property owners, it has not been possible to meet the original completion date. PROGRAM IMPACT: The proposed change in the completion date for Casa Loma Boulevard will not adversely affect the project. FISCAL IMPACT: N/A ALTERNATIVES: N/A Quin~ree~ -D~recto~'~t'~Development Department of Development Department Name t-/C~ty Manager's Signature City Attorney I Finance 1 Human Resources S:\BULLETIN~FORMS'ukGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AND EXECUTE A THIRD REVISED DEVELOPMENT AGREEMENT BETWEEN OF BOYNTON BEACH AND AERC OF V~GINIA, SUCCESSOR IN BUSINESS TO OCEAN BREEZE FESTIVAL PARK, INC., EXTENDING THE TIME FOR COMPLETION OF IMPROVEMENTS TO. CASA LOMA BOULEVARD TO OCTOBER 15, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and Developer entered into a First Amendment to Development Agreement on October 5, I998, a Revised Development Agreement on October 13, 1999, and a Second Revised Development Agreement on June 6, 2000, which all constitute part of the original Agreement between the City and Developer dated July 1, 1997; and WHEREAS, Developer and City have agreed to extend the date of completion for ',asa Loma Boulevard improvements to October 15, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City COmmission of the City of Boynton Beach, Florida, hereby authorizes and directs the Mayor and City Clerk to execute the Third Revised Development Agreement attached as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~.TTEST: Commissioner City Clerk s:ca\Reso\Third Revised DA061101 THIRD REVISED DEVELOPMENT AGREEMENT THIS ADDENDUM dated the day of June, 2001, is entered into between the CITY OF BOYNTON BEACH, hereinafter referred to as "City", and AERC OF VIRGINIA, an Ohio Corporation, authorized to dO business in the State of Florida, successor in business to OCEAN BREEZE FESTIVAL PARK, INC., hereinafter referred to as "Developer", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute part of the original agreement between the City and Developer dated July 1, 1997. WHEREAS, the City and the Developer entered into a First Amendment to Development Agreement on October 5, 1998, a Revised Development Agreement on October 13, 1999, and a Second Revised Development Agreement on June 6, 2000; and WHEREAS, Developer and City have agreed to extend the date for completion for Casa Loma Boulevard improvements October 15, 2001; NOW THEREFORE, BOTH PARTIES AGREE AS FOLLOWS: Section 1. That Paragraph 12 B. of the original agreement, "Casa Loma Boulevard" between the City and Developer is hereby amended to read as follows: B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by,.,..~"" ~', , ._....'~nn~, October 15, 2001._ In addition to the improvements shown on the Site Plan .... Section 2. All other terms, provisions and conditions of the odginal agreement not effected by this addendum remain unchanged; Section 3. Each person signing this addendum on behalf of either party individually warrants that he or she has full legal power to execute this addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this addendum. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this __ day of June, 2001. CITY OF BOYNTON BEACH AERC OF VIRGINIA, INC. Mayor Attest: Title City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ., and acknowledged he executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2001. NOTARY PUBLIC My Commission Expires: s:ca\DevtManna\Third Revised Dev Agr060501 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 . [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM Date Final Form Must be Turned in to City Clerk's Office March7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Change Proposals #22, #25, and #27 for the Ocean Avenue Promenade project; to accept the semi-final accounting report; and to appropriate an additional $50,000.00 from Reserves for Future Appropriation Account #302-1211-512-99-03. EXPLANATION: The Ocean Avenue Promenade project is Virtually finished (there are a few off-site improvements that are yet to be completed.) This agenda item is asking the City Commission to authorize three final changes to the project (two of which were a design error causing a plan quantity problem) and one of which is a small adjustment in the final amount of concrete that was installed. The agenda item also authorizes an additional appropriation of $50,000.00 to cover the costs associated with the design errors in plan quantity ($ 32,287.85) and to cover the cost of the improvements on private property associated with a settlement of the threatened legal action ($18,412.50). PROGRAM IMPACT: These actions will allow for the successful closeout of the project, including the expenses that will be incurred through the final Pay Requisition ~8. HOV3~ [tOl,'~AO~ JO AiD S:xBULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FISCAL IMPACT: It will take an additional appropriation of $50,000.00 to cover the balance of the expenses associated with this project. Our design engineers (Gee & Jenson) have offered us a cash credit of $5,000.00 and an additional credit against future design services in the =amount of $15,000.00 for the problems associated with the design errors that caused us to be short on this project's plan quantities. ALTERNATIVES: There are not too many alternatives available at this point. The additional costs on this project were incurred. The only real alternative is to authorize the additional appropriation so that the additional expenses of the project can be covered. It is possible that the City could take legal action against the design engineer, but the amount that could be recovered would most likely be significantly less than the cost associated with putting the legal case together. City Manager's Signature Capital Improvement Projects Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Change PrOposal, #22 Burkhardt Construction, Inc. 1400 Alabama Ave. ~20 West Pahll Beach, Fi. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fax: 659-1400 To: City Of Boynton Beach, Florida 100 East Boynton Beach Bbd.' Boyntofl Beach, Florida 33425 A~ Frantz Lafontant Telephone: 7426282 Fmc 742~265 Project: East Ocean Avenue Promenade City Project f~20 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, FI. 33409 Att: Ray~, P.E. Telephone: 515-6500 Fax: 515-6502 Revision: Asphalt Pavement Removal Increased Th~mess Proposal Date: 2/7/2001, Rev. 2/8/01 item Description A-5 A..~ (Delete) Pavement Removal, 2" Thicleness (Add) Pavement Removal, 4.5" Thickness Quantity Unit Price Amount -3371 SY $4.30 $ (14,495.30) 3371 SY $12.65 $ 42,643.15 Change Proposal f~22, Net Add $ 28,147.8s Change #25 Burkhardt Construction, Inc. 1400 Alabama Ave. ~ West. Palm Beach, FI. 33401 At~ Denr~s E Haynes Telephone: 6591400 Fax: 659-1400 To: c~y of Boynton Beach, Fisr~da 100 East Boynton Beach Boynton Beach, Ror~a 33425 At~ Fmnlz Lafontant Telephone: 742-6282 Fa~ 742-6285 East Ocean Avenue Promenade City Project ENGINEER: ~ee & Jenson One Hanrard Circle West Palm Beach, FL 33409 Att: Ray Davidson, P.E. Telephone:: 515-6500 Fax: 515-6502 Revision: Additional EleCtrical Service From Panel To Pole In Alley Appro~ 150' Away Proposal Date: 12.Mar-01 ' un~ prk~ '~.ount AdditiOnal Length Main Electrical Feed From Panel To Pole In Alley. Plan Sheet E-3 120 LF $34.50 $ 4,140.00 Change Proposal #25, Net Add $ 4,~40.00 laso From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fa~: 659-1400 To: City Of Boynton Beach, Florida 100 East B0ynton Beach Blvd. Boynton Beach, FlOrida 33425 Att: Dale SUgerman TelephOne: 561-742-6456 Fmc. 561-731~0065 Project East Ocean Avenue Promenade City project ~9920 Arch.: Gee & Jenson One Harvard Circle West Palm Beach, FL 33409 Att: Ray Davidson, P.E. Telepho ne: 561-515-6500 Fax: 561-515-6502 Revision: Final Closeout Adjusted Quantities Plans: None Proposal Date: Apd120, 2001 item Description Al0 B3 B4 Concrete Sidewalk Removal Type "F" Curb & Gutter Modified Type "F" Curb & Gutter Quantity Unit Price 154SY" $ 15.50$ 304 LF $ 9.40 $ -304 LF $ 10.00 $ Amount 2,387.00 2,857.60 (3,040.00) Respectfully Submitted, Burkhardt Construction, Inc. David Lockey, Asst. Project Manager Change Proposal ~27, Net Add $ ~ '~ "Z ,'204. GO IL -O I OIA '-r'o SEMI-FINAL ~ BURKHARDT CONSTRUCTION CO GENERAL CONTRACTOR FOR THE INC. Item Amount Sub-total CumUlative:; ~ Total Base contract $1,635,685.60 $1,635~685.60 Change Order #1 -0- li,635,685:60 Change Order #2 1,900.00 1,637,585.60 Change Order #3 1,650.00 . 1,639,235.60 Change Order #4 7,500.00 1,646,735.60 Change Order #5 10,375.00 1,657,110.60 Change Order ~ 15,850.25 ~ . 1,672,960.85 Change Order #8 <20,614~37> 1,652,346.48 Change Proposal #27* 2,204.60 $18,865.48 1,654,551.08 1.15% ~ Change Proposal #22 ~ $ 28,147.85'* 1,682,698.93 Change Proposal #25 4,140.00'* $ 32,287.85 1,686,838.93 1.97% .. ~ Change Order#7 0Nalsh) $18,412.50 $18,412.50 $1,705,251.43 1.13% * Change Proposal #27 is a corrected amount. The proposal was submitted to the City in the amount of $ 2,854.60. It has now been corrected to $ 2,204.60. ** These two expenses (totaling $ 32,287.85) are additional expenses of the project and are due to plan quantity errors made by the design engineers Gee & Jenson. Gee & Jenson has offered a $5,000.00 cash credit and a $15,000.'00 future use creditras compensation for thesedesign errors. SUMMARY OF ALL PROJECT EXPENSES OCEAN AVENUE PROMENADE PROJECT INCOME City Commission appropriation Tom Walsh settlement amount Total available EXPENSES Burkhardt Construction, Inc. Gee & Jenson design services Gee & Jenson construction services Subcontracts Permits Miscellaneous Total expenses $1,940,040.00 3,762.50 $1,943,802.50 $1,705,251.43 183,787.20 29,273.76 67,288.77 1,325.00 105.17 $1,987,031.33 Expenses vs. Income <$ 43,228.83> Total design error expenses to the City Legal settlements Total, unanticipated project expenses $ 32,287.85 18,412.50 $ 50,700.35 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 V-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 ] June 5,2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.} June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the expenditure of $4,000.00 from the Florida Law Enforcement Trust Fund to support the Juvenile Transition Center, Inc. ESTEEM Program. EXPLANATION: The Juvenile Transition Center, Inc., located at the Ezell Hester Community Center, administers a program titled ESTEEM (Encouraging Students Through Education, Employment & Mentoring). The program provides direction and support to children in need of supervision, motivation and educational assistance. The funds will be utilized by the Center to provide FCAT Support and Materials, work experience transportation expense, weekly incentives, daily nutritional snacks, books and software. This program has previously received funding from the Florida Law Enforcement Trust Fund. PROGRAM IMPACT: Provide a structured support program for those children in need of such services thereby reducing the probability that the juvenile participant will engage in delinquent activity. FISCAL IMPACT: This expenditure will not adversely affect the operations of the police department. ALTERNATIVES: None Department Head's Signature C~ty Manager's S~gnature Police Department Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMS'~AGENDA ITEM REQUEST FORM.DOC At the Ezell Hester Community Center 1901 N. SeaCrest BOUlevard Boynton Beach, Florida 33435 OFFICERS Stephanie Mingo-McKoy, President Carl G. McKoy, Vice-President BOARD OF DIRECTORS Lester Lockett, Chairman Secretary Treasurer April 18, 2001 Marshall Gage, Chief of Police Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Gage: Thank you for your recent $4,000. committment on sponsoring one Boynton youth in the E.S.T.E.E.M. (Encouraging Students Through Education, Employment, & Mentoring) year-round program. The funds wilt cover the fo~llowing for one year, beginning this Summer: Technology-based FCAT Support & Materials, Work Experience Transportation Expense, Weekly Incentives, Daily Nutritional Snacks, Books and Sol,are. Chief Gage I have witnessed you embraced this community by showing compassion, support, and a genuine concern for its members. I sincerely thank you for providing resources to those economically disadvantaged, and dedicating your continued support in this community. Res' ectfully yours, l~anie Mingo-Mcrot Pre'dent ~_~ ' ~ Requested City Commission Meeting Dates V-CONSENT AGEN DA ITEM G. CITY OF BOSTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 200t [] April 17, 2001 [] May 1, 2001 March 21, 2001 (5:00 p.m.) [] April 4, 2001 (5:00 p.m.) [] April 18, 2001 (5:00 p.m.) [] June 5, 2001 June 19, 2001 July 3, 2001 May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to approve an additional expenditure of $1,605.00 to Purchase Order #11213 to County Lawnscape, Inc. for an irrigation system located at the City's 6t~ Avenue Demonstration Garden. This brings the total of the Purchase Order to $11,277.46. The additional work was needed due to the extreme drought we are experiencing. EXPLANATION: In January 2001, Neighborhood Services processed a purchase requisition for County Lawnscape, Inc. to install an irrigation system for the 6th Avenue Demonstration Garden in the amount of $9,672.46. This purchase requisition was processed into a Purchase Order based on the required three (3) written quotations as follows: 1. County Lawnscape, InC. $9,672.46 2. Vila & Son Landscaping Corp. $13,100.00 3. All-Around Sprinklers, Inc. $12,400.00 Subsequent to the initial installation of the irrigation system, the Neighborhood Project Specialist requested a low-volume imgation line be installed in the NW comer of the parcel due to the current drought. This additional irrigation work is at a cost of $1,605.00, which brings the total cost for the overall project to $11,277.46 requiring Commission approval. PROGRAM IMPACT: The Demonstration Garden has provided a positive impact on the general neighborhood. The additional low-volume irrigation line was necessary due to the extreme drought. FISCAL IMPACT: Funding is available in the Neighborhood Projects budget allocation as follows: Account Description Account Number Amount Neighborhood Projects 302-1211-512-63-34 $162,570.00 ALTERNATIVES: The alternative would have limited the irrigation~tallation and risk the loss of landscaping in the NW comer of the parcel D~pu~y Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Cc: Dan DeCarlo - Neighborhood Specialist File Memorandum Date: To: From: Re: June 5, 2001 Bill Atkins, Deputy Finance Director ~o, Neighborhood Project Specialist Request for Commission Agenda Purchasing Item Pursuant to Carol Doppler's e-mail directive dated May 31, 2001, I am hereby requesting that a Commission Agenda Item be prepared for approval of the purchase of the Irrigation System for the City's Demonstration Garden located at 611 N.E. 6th Avenue. Please note: Vendor: P.O. Nbr. Date Entered: Original Amount: Purpose: County Lawnscape 011213 01/05/01 $9,672.46 Clearing, grubbing, and installation of Irrigation System 50% of the original work was completed, billed, and paid in February, 2001. The balance of the original P.O. has now been completed, billed, and processed for payment. Additional work was completed recently at my request to irrigate the NW corner of the parcel. This work consisted of a Iow-volume irrigation line needed due to our current drought conditions. The additional cost was $1,605. I Understand that the full cost of the project now exceeds the $10,000 threshold, and that a Commission Agenda Item is required. Please see attached documents for further information. Thank you for your assistance. COUNTY LA RrlYSCAPE. 1NC. April 18, 2001 Of Boymon Beach m~aL: Bm-beu'a Mea~hani 100 E Boynton Beach Blvd. BoYnton Reach, FL 33435 Demonsra'a~on Garden Low Volume Irrigation Addition. We propose to supply material and labor necessa~ to complete the following: N orthea_~ area Ama: 50 feet by 70 ~t on av~.rage This should be completed after topsoil and before planting: Install low-volume zone-valve near mainline. Run feeder line towards center of area to supply loxs:volume pipes from the middle. Inmali Iow-volume tube at approximately 2 foot spachag with 25 rows of 70 feet long on average, Secure drip pfpe to soil using ~vira loops. Pipe will be buried in bed areas under mulch even vAth top of soil. Propased amount: 7~ne Vatve 1.0" [rrltml 100 ex~nne~ted to Maxi¢om J 2.05 Low-volume line approximately 1750 feel; 1400 TOTAL~ $1605 The flow ortho low-volume line is expected to be about lg GPM. This 18 GPM irrigates the entire area and is applied directly to the root systems. A cycle-and-soak-timing schedule will provide good results. Serf Gmdy Vieo president,. County Lawnscape Ine 2234 N. Federal Hwy., Box 1199. Boca Rat:on. FL $$/~$1. (!;61) §98.0,~/~B * Fax .q.qll-!iliDO Lic. # U 18818 www.lawnscapeonlirt¢.com VENDOR TO: 6677 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PURCHASlNG DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 BOCA BATON, FL 3343I'' FEDERAL P.O. DATE: Ol/DS/Ol I.D. ~UISITION NO. ORDERING DEPARTMENT B D NO. YE WANTED A.S .A.P. SHIP TO: CITY OF BOYNTON BEACH CITY MANAGER OFFICE zoo E. BOYNTON BCH BLVD BQYNTON BEACH, FL 3343S **** F.O.B. NEIGHBORHOOD SERVICES APPROVED FL NE~ QUANTITY UOM DESCRIPTION/VENDOR ITEM NO. UNIT COST EXTEb£DEB 33.00 EA PGH ROTORS (ADV) 1360 3 . I?C .~6 7.00 EA ZONE VALVE 3617.4O0O £.,711 .80 1.00 EA CONDUIT/WIRE; CONTROL: NOT PE-39 637.0(]00 637 1. aG EA SITE 16 CLEARED & GRUBBED LOT READ INSTALLATION BEFORE HEAD ADJ, AFTER LANDSCAPE INCLUDED PER PROPOSAL DATED IZ/ll/Z0Oa NOTE: ZEROED QUANTITIES PERTAIN TO WORE BEING PERFORMED BY THE CITY ADDRESS: 611 NE 6TH AVENUE 3 151. Z000 REMARES: IRRIGATION: DEMONSTRATION GARDEN .CCQUNT EE BELOW I FINANCE DEPARTMENT I :LORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-04-116451-54C FHE CITY OF BOYNTON BEACH IS EXEMPT FROM :EDERAL EXCISE TAXES: WHERE TAX ApPUES NVOICE MUST SHOW GROSS PRICE. AMOUNT OF rilE TAX. NET PRICE. EXEMPTION CERTIFICATE NILL BE FURNISH.~D UPON REQUEST. PROJECT PO TOTAL ~ .67Z.46 OUR PURCHASE ORDER NUMBER MUST AP- IMMEDIATELY FOLLOWING SHIPMENT. PEAR ON ALL PACKAGES, TICKETS. INVOICES. 2. PREPAID FREIGHT CHARGEABLE TO STATEMENTS, AND CORRESPONDENCE. I THE CITY OF BOYNTON BEACH MUST BE BNL INVOICES TO: J SUPPORTED BY CARRIER'S RECEIPT, RNANCE DEPAR13~ENT J 3. INVOICES AND sTATEMENTS SUBJECT 1~ E.BOYI~oNBOYNTONBEa_CH,BEAC~ FLBL~l__~42_~310P'O' BOX 31O J TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL , 11 December 2000 Barbara Meacham City of Boynton Beach RE: Demo Park irrigation This proposal is derived from the AutoCAD drawings of Demo Garden. Quantities have been zeroed to accommodate some work being performed by the City. The assumptions for this proposal are: · Cleared and grubbed lot · Head installation before landscaping · Head adjustment after landscaping, included Unit Qty Installed Price PQ PGH Rotors (ADV) 33 96.135 3172.46 Zone Valve 7 387.4 2711.8 MaSter Valve 0 387.4 0 Flow Sensor 0 887.9 0 Pulse transmitter 0 678.6 0 Surge protector 0 97.5 0 Electrical sub 0 910 0 Conduit/wire, control, Not PE-39 I 637 637 Concrete 0 195 0 Site 16 I 3151.2 3151.2 765-2 0 874.9 0 FPL 0 715 0 BLS 0 125 0 Total ~ This project uses a budget of 3 crew days and 2 technician days. A schedule with work starting Monday January 8 can be accommodated. I expect completion less final head adjustment (after landscaping anyway) is possible by January 19. Jeffrey R. Grady /! / Vice President ~,...~ County Lawnscape Inc. U18818 -}l (o - 2.. r,-, ,'l e_. 2254 N; Federal Hwy.. Box 299, Boca Raton. FL 33~51. (561) 998-0~-~3 * Fax 998-5~9( VlLA AND ~::)N LANDSCAPING CORP. 20451 SW 218 STREET MIAMI, FLORIDA 33170 (305)255-920e (30~)255.9207 FAX FAX COVER SHEET ic°~'~NY'' crry... OFBOYNTON BEACH 561 - 742- 6259 HEREIS THE IRRIGATION PRQPOSAL FOR THE BOYNTON BEACH DEMONSTRATION GARDEN THE PRICE l~;3,.?0.00~ TO MAKE AN ADJUSTMENT OF TH~: SPRINKLER HEADS HEIGHT LEVELS WOULD BE AN EXTRA $745.00 AHY CUTTING OR PATCHING OF ANY E. XlSTING ASPHALT OR CONCRETE. ANY DIRECTIONAL BORING. WATER METER, WATER TAP OR ANY WATER FEES. ELECI'RICAL NOOK UP TO CONTROLLER. THANKS JAY CC: BA~ J. MEACHAM JAY R. zWELLING E-MAIL: JAYZQVILA-N-SON,COM ~EC--04--00 MO~ 16:05 ALL AROU~ sPRInKLERS IN 5614~91615 P. ~1 RLI-.PJOUHB SPRINKLERS INO. V~,'OR.'rl4', FL 3~4e, T PAl ,M D~cemb~r 04, 2000 BARBARA .I. MEACIIAM IP`RJGATION PROPOSAL pip.O Rig: D1~.MO PARK LABOR AND IVIA'I'ERIALS TO INSTAI ,l, IRRIGATION SYSTEM AS PER PLANS V 1 ) SITE 16 COMPLETE AS SPECS INCLUDES AG2401 ,a. Ri~ST AND MSP-SURGIZ ARREST 2) 8" IRRiTROL 100 SI~RTF, S VALVES 3) 2" PVFI V~rII,KINS 720A 4) $ - RECTANGULAR VALVE BOXF, S WITH LIDS 5) I - CONCRETE F, lqCLOSUR]~ FOP. FLOW SWITCH 6) i - RAIN]3IRD FS200P 7) 3 - 6" VALVE BOXES W/10" GP.OUlXlD RODS AND CLAMPS 8) T - DISCHARGI~ ZONES SCH 40 PVC I 1/2" TO 3/4" PVC PIPE' 9) 4 - POP ROTOB, S 10) 29 - POH 12" ROTORS 1 !) CONCRETE SLAB FOP. PEDESTAL CLOCK 12) 8 -2" OA'I~ VALVES 13) SCH 80 45' FITTINGS AND NIPPLES 14) GPA.VEL SUMP IN VALVE BOXES 15)//12 OR//14 DIRIgCT BURIAL WIRE 16) SCH 40 RISI~R WITII RL~AR AND CLAMPS 17) CONCRETE BLOCKS OR BRICKS FOR FLOW SENSOR 18) 1 MINI-CLICK RAIN 19)2" SCH 40 MAIN LINE 20) DBY WIRE 2 l) 3/4" OR 1" F,I,IgCTRICAL CONDUIT TO FL, OW SV~'ITCII SYSTEM DOEs lqOT INCLIIDIi CITY WATISP. lvfETER OR INSTALLATION OF SAME. PRICE DOF. S Nor IlqCLUDE F.,LECTRICAL HOOK UP BY P.L,ECTRICAL CONTRACTOR. P.E. -39 WIRJ5 PROVIDED BY CITY OF BOYINTON BIgACH 120 VOI.T I~LIZCTRIC SUPPLY TO TIlVtF. CLOCK; uruc~- ~'o~. ABoVE R~-F~.NCUD WORX: $1 ~.'XO.00 Fn~AL ~STM~NTS $500.00 TOTALI/!~,,~00~.~OU~ UPON CO~Vn'~.~.TZON OI' JOe ~,~.R~T ~UU NOT n, rC~.UDED VNU~SS W,,aVEn ~¥ CITe O~ SUBMITT[~I') BY' ALAIq D. LEWIS pRIgSIDE1NT Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] ^pd~ 17, 2001 [] May 1,2001 V-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi, Date Final Form Must be Turned m to Cit~ Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Tumed in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 I5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the designation of $3, O00 from Vice Mayor Weiland's discretionary account to Forest Hill Park for the purpose of purchasing and installing a replacement picnic shelter. EXPLANATION: It is estimated that a replacement picnic shelter at Forest Hill Park will cost approximately $8,000. There currently is $12,830 available in the C.I.P. account for improvements to Forest Hill Park. In addition to the picnic shelter we plan irrigation improvements to the parlc PROGRAM IMPACT: Function and appearance of Forest Hill Park will be improved. FISCAL IMPACT: This designation will allow additional improvements to be funded at Forest Hill Park. ALTERNATIVES: Minimize th~ improvem, ents to Forest Hill Park. /~ Department Head' s Signature / -~ Or John Wildner / Parks Department Name ~Signature City Attomey/ Finance / Human Resources S :kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC Enrichin~i Childhood us 3/23/01 uotc #: 211408201. c/o Dominica Recreation Products P.O. Box 520700 Longwood, FL 327524)700 Email: sam~v@gametime.com Contact: Sandy Veenhuis Proposal for GameTime Equipment S}'t}p Z/o: CITY OF BOYNTON BEACH gmail: Arm: FOR: FOREST HILL PK ~STRUCTURE ATTN: JOHN WiLDNER, PKS SUPT Phone: 100 E, BOYNTON BEACH BOULEVARD BOY-NTON BEACH, FL 33425 F~x: 33425 (56 l)375-6226 (561)375-6233 1 3420 ~ion 24' X 22' Park Shelter; Bro,,~u 1,238.00 End of Line Items $4,355.00 S4,355 O0 Totals for Quote/t: 21140820t 1 23~ ¢~0 lbs. Total: g4,355 00 Less Discount - S435.50 _ Freight: S564.28 Installation: $1,800.00 Total: $6,283.78 PLAYGROUND STRUCTURE OFFERED IN ACCORDANCE V~TH FLORIDA FLORIDA STATE CONTRACT #650-001.00-1, THIS QUOTATION IS FOR MATERIAi3, DELIVERED AND INSTALLED ONLY. IT DOES NOT INCLUDE sire pREPARATION, CONCRBq'E $I..4J3, SIONED AND AND SEALED ENOINEE.I1JNG DRAWINGS, PERNffI~, STORAGE PRIOR TO INSTALLATION OR ANY OTHER EXTRANEOUS FEES. DELIVERY SHALL BE MADE TO BOYNTON BF~CH DBSIGNATED LOCATION. I of 2 21140820l CITY OF BOYlCI'ON BEACH Requested City Commission Meeting Dates [] March 20, 2001 [] A~I 3,2OOl [] ^pdl ~7, 2001 [] May 1,2001 VI-CITY MANAGER'S REPORT ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Reques~d City Commission Meeting Da~s [] May l5,2001 [] June 5, 2001 [] June 19, 2001 [] July 3,2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Date Final Form Must be Turned ~n to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report Motion to postpone development of interim improvements to Girl Scout Park site pending future masterplan development of the full site. EXPLANATION: Per the attached report from the Parks Department (g01-47), a public forum was hem to investigate interim improvements to Girl Scout Park site..4 majority of the attendees were against interim development at this time. PROGRAM IMPACT: Parks site use will not be expanded at this time. FISCAL IMPACT: Estimated expenditures will not occur at this time. ALTERNATIVES: ~aTr tSn~on~H~:12er' Parks Department Name City Manager's S~gnamre' City Attorney Finance / Human Resources S:~BULLETrN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: CC: PARKS DEPARTMENT MEMORANDUM #01-47 Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager John Wildner, Parks Direct '/"or ~~t Re readon Dfrector"/// Wally Majors, c Barbara Meacham, Parks and Landscape Planner Paul Flemming, Senior Project Manager File RE: Date May 29, 2001 Public Forum - Girl Scout Park Site HISTORY As you are aware, the City Commission recently requested the Recreation and Park Advisory Board to gather public comments about possible improvements to the Girl Scout future park site. The City has owned this nine acre location next to the E-4 canal since 1983. It was originally owned by Palm Beach County and used as a campground by Girl Scout groups. In recent years the site has only been used informally. As indicated in the attached memorandum #01-21, dated March 12, 2001, capital funding for full scale development of the park remains several years away. However, the report lists several interim improvements that have been suggested to the site to:allow for some limited recreational use. MEETING The Recreation and Park Board scheduled a public meeting on May 14, 2001 in the conference room at Bethesda Hospital. The meeting was advertised in the Palm Beach Post and approximately 400 notices were sent to residents who live in the general area close to the future park property. Minutes of the meeting are attached. Less than 20 people attended the meeting. Of this group most had homes which boarded on the park. A presentation of the proposed improvements included a description of the new location for the entrance to the park from Mission Hill Road, a small parking lot for 6 Cars with a pedestrian bridge over the Chapel Hill canal. It was also suggested that picnic tables and trash barrels could be placed in shady location within the site. For the most part meeting attendees were skeptical of the proposed improvements. Several long time residents expressed concerns about crime on the site in the past. They said that this was especially true several years ago prior to the installation of a locked gate on Sunset Road. Prior to that time cars would drive into the site, particularly at night, causing disturbances. It was pointed out that the proposed parking lot would be closed at night. Residents on Mission Hill Road next to the suggested parking lot expressed concern that too few parking spaces were proposed Page 1 of 2 which could cause over flow parking onto the nearby grass, landscaped areas or roadway. When polled by one of the Recreation and Park Board members 9 people raised their hands indicating that they were against the proposed improvements. 4 people expressed some interest in short term development of the site. At one point discussion included the selling of the site to adjacent property owners or to a developer. Further research since the meeting indicates t I the property to park purposes. Other imited use by scouts and other supervised groups or to restore the are~ as. a ;a. ANALYSIS Discussion by the Recreation and Park Board members indicated no clear consensus had been reached. The Board made no recommendations. Staff discussion with the Engineering Department s;nce the meeting has centered on additional improvements needed to address local resident concerns. These ,mprovements might include additional fencing and landscape buffering throughout the site. The possible construction of a picnic shelter with restrooms might also be needed in order to really make the site desirable for picnics. The shady locations proposed for picnic tables are a-long-way from the proposed parking lot. Additional parking may be needed as well. While no special permits would be required to construct a pedestrian bridge over the Chapel Hill canal, it appears the height of the bridge may have to be-somewhat higher than originally anticipated to allow for boats to continue to enter the Chapel Hill canal. The Engineering Department has been requested to contract for a survey in order to better prepare future plans for the site. Cost estim~i-tes for additional improvements will need to be completed in cooperation witlff the Engineering Department. .~- CONCLUSION Without a clear consensus in favor of improvements to Gid Scout Park site, it is difficult to recommend proceeding with limited improvements at this time. Since there is no clear cut master plan for the whole Gid Scout Park site, it is difficult to inspire the surrounding neighborhood with such limited improvements. I would suggest that a more detailed master plan be developed for the site which would show the potential for phased development. Recommend that the full master plan is developed in 2002 and phased development begins in 2003. In the meantime I would also recommend that the City pursue another southeast neighborhood park site which has clearer short term goals. An example of such site is the 2.34 acre Zill property Which the city anticipates acquiring in the near future. This site holds the potential for the location of a basketball court, cl~ildren's playground, and a small picnic area. That neighborhood has already expressed a desire for such improvements, Development of a smaller park with clearer short term goals may better serve the City at this time. Attachment(s) JW/vlr Page 2 of 2 MINUTES OF THE RECREATION AND PARKS BOARD MEETING HELD IN THE CONFERENCE ROOM AT BETHESDA'HOSPITAL ON MONDAY, MAY 14, 2001 AT 7:00 P.M. Present Betty Thomas, 'Chair Jim McMahon,. Vice Chair Elizabeth Pierce Dan Winters Margaret Murphy, Alternate Department Absent Ed Harris Bali Ramnarace Tom Williams Call to Order. Chairperson Thomas called the meeting to order at 7:10 p.m. She introduced the members of the Board and Messrs. Majors and Wildner. She also recognized Ronald Weiland, Vice Mayor, who was in the audience. Approval of Minutes The Board dispensed with the reading of the previous meeting's minutes. New Business The purpose of this meeting'is to gather information from the public concerning Girl Scout Park. Mr. Wildner made the presentation. He introduced Barbara Meacham, Parks & Landscape Planner. He also introduced Paul Fleming, Senior Project Manager from the Engineering Department, who was in the audience. Mr. Wildner stated that in the early 1960's this site was used as a ca mp for the Girl Scouts and it was previously owned by Palm Beach County. The City acquired the park in 1983 and later installed a gate on Sunset Road and gave out keys to neighbors who needed to get to a part of their property. Mr. Wildner stated that Mission Hill Road may be a better.entrance and the City considered putting a bridge over the canal. A vehicular bddge was originally thought of;, however, recently the City was thinking of having some interim uses for this park. There were suggestions of a small pedestrian bddge to the site, a small parking lot along Mission Hill Road with six parking spaces and having the gate closed at night. Meeting Minutes Recreation & Parks Board Bovnton Beach. ~FIorida May 14, 2001 When questioned by a member of the audience regarding whether grass would be planted, Mr. Wildner said probably not. He said they would probably just cut the weeds unless enough people wanted grass to be planted and then that recommendation would be taken baCk to the City Commission. Mr. Fleming said when a new parking lot is created, lighting and landscaping would be required unless there were variances. There were concerns from the audience regarding the park breeding cdme. A gentleman from the audience suggested improving Forest Hill Park and not spending money on this park. There were other concerns from the audience regarding vehicles getting stuck in the sugar sand, litter,, branches from the large Banyan trees, and reducing property values. Dan Winters stated that this is a public forum and he polled the audience and asked who would want this park. Nine people raised their hands against the park and four people were open to the idea. Harold Blanchette, 905 Mission Hill Road, stated that if the public did not want a park, maybe the land should be sold to the adjacent property owners. Mr. Wiidner stated that all the property owners would have to be agreeable to this. Tom Stewart, 944 Sunset Road, has a gate key and stated there have been break-ins in the back. Shad Goldstein, 3105 Chapel Hill Blvd., said that before she bought her home, she called the City and was told nothing would be done to this park for five years. She is concerned regarding cdme. Mr. Wildner said that only recently has his department been directed by City Commission to look into improving this park. Joan Calder, Sunset Road, had a concem regarding children getting hurt, hazards in the park and the liability to the City. Mr. Wildner agreed that the City would need to minimize the risks. There was discussion regarding whether this land could be used for residential development. When questioned, Mr. Wildner said there was no time frame for improvements to the park. The City Commission asked for a report back from the Recreation & Parks Board within a couple of weeks. Meeting Minutes Recreation & Parks Board Boynton Beach~ Florida i May 14, 2001 consi issues:, Mr.. Wiidner said additional buffering COuld be Judy Lindsey, 940 Sunset Road, suggested making the park a natural habitat. It was agreed that there have been a lot less: complaints regarding the park since the gate was installed. Mr. Wildner turned the meeting over to the Recreation & Parks Board. Ms. Murphy asked how far away Forest Hill Park was from this site and what facilities did that park have. Mr. Wildner pointed out the location of Forest Hill Park on the overhead map and stated that there is a children's playground, picnic shelter and softball field there, There is not'a nice view from Forest Hill Park, only the !-95 sound wall, and not a canal. Mr. McMahon thanked everyone for coming to the meeting and for their input. He also thanked Vice Mayor Weiland for attending. Mr. Wildner~said the City is obligated to create parks throughout the City. He will take the consensus of the Recreation & Parks Board to the City Commission. Ms. Pierce said she lives by a park also (Boat Club Park) and understands people's concerns but she also appreciates having a park dose by. Mr. Winters suggested utilizing the park for scouts and other organized groups that are supervised and said it could be regulated rather than not doing anything with the park. It would be a way to utilize the facility: with no. bddge or parking lot. He stated that this was just an idea to think about. Mr. Wildner stated that the odginai intention was for this park to be open only from sundse to sunset and to hire a part-time worker to dose the gates at night. Mr. Wildner asked whether Vice Mayor Weiland wanted to say anything. He declined and stated he would save his comments for the City Commission meeting. Chairperson ThOmas said there have been good suggestions and good ideas presented here tonight. When asked whether the people in the audience would be made aware of upcoming plans, Mr. Wildner said that anyone is welcome to call him at the office. Meeting Minutes Recreation & Parks Board Bovnton Beach. Florida May 14, 2001 Mr. Fleming asked the people in attendance where they lived in proximity to the park. The following people were in attendance: Shad Goldstein, 3105 Chapel Hill Blvd. 2 ladies in the audience- Hillcrest Road Mr. &Mrs. McHugh- 3127 Chapel Hill Blvd. Ken Emerson - 3113 Chapel Hill Blvd. Harold Blanchette - 905 Mission Hill Road Judy Lindsey - 940 Sunset Ddve Mr. & Mrs. Tom Stewart, 944 Sunset Road Peg -902 Chapel Hill Blvd. Joan Calder-937 Sunset Road Jerry Hutton - 938 Mission Hill Road Gearhart: - 933 Hillcrest Road Ad|ournment There being no further business, the meeting properly adjoumed at 8:30 p.m. Respectfully submitted, Bonnie Glinski 4 TO: FROM: CC: RE: Date LEISURE SERVICES - PARKS MEMORANDUM #01-21 Kurt Bressner, City Manager / / John Wildner, Parks Director~,/ Wilfred Hawkins, Assistant City Manager Barbara Meacham, Parks and Landscape Planner File Girl Scout Park Site - Possible: ImprovementS March 12, 2001 HISTORY The property referenced above was originaIlyl used by the Girl Scouts as a campground site during the 1960's. Palm Beach County owned the property through. the early 1980's. They had trouble providing maintenance and security for this location. In 1983 the County turned the property over to the city for a future park site. LOCATION The property is approximately a nine* acre tract adjacent to the E-4 canal West of the Chapel Hill sub-division currently the entrance to the site is from Sunset Road through a residential neighborhood. We normally keep this gate locked to avoid having people ddve into the park especially at night. This causes security concems from residents whose homes back-up to the property. Prior to the City i~i~talling the gate, vehicles would be ddven late at night into the site. At the present time, neighborhood people often walk into the. site during the day using it for fishing and informal picnics. This daytime use seems to be compatible with the neighbors interest. Some problems do occur however with regard to parking on Sunset Road in front of pdvate residences. SUGGESTED IMPROVEMENTS Capital funding for full scale development of the park appears to remain several years away. Consideration has been given to ~ome interim improvements to the site' which would expand its short term recreation potential. Among these suggestions: 1.) relocate the site entrance to Mission Hill Road, this would require the construction of a pedestrian bridge over the Chapel Hill canal. Approximate cost of a small steel bdd'ge would be $25,000. 2.) Construct a small (6 space) gated parking lot off Mission Hill Road. Since the gate would be locked in the evenings, this lot would allow daytime parking for the fishing and picnic users of the park who are now parking on Sunset Road in front of private residences. Approximate cost of the parking lot would be $15,000. Asphalt paths Page I of 2 leading to and from the pedestrian bridges would be approximately S4,000. 3.) Landscaping and irrigation around the parking lot would be needed in order to buffer the existing home to the east of the Mission Hill Road location. Estimated cost is S10,000. picnic tables ant trash barrels could be placed in shady Approximate cost $5,000. 4.) Several locations scattered throughout the site. 5.) Summary of cost is as. follows: Pedestrian Bridges 6.) Attached have discussed to the Mission Hill Road portion of this property. need additional information. $25,000 Parking lot $15,000 Landscaping and Irrigation $10,000 Picnic tables and trash cans $ 5.000 S55,000 Preliminary Total Public input from the neighborhood would be essential before proceeding with this type project. Suggest that letters be sent to :esidents of the Chapel Hill and Mission Hilt neighborhoods inviting them to a special meeting of tne Recreation and Park Advisory Board in order to solicit input concermng this project. Residents living on the east side of the Girl Scout property would most likely have concerns which we would need to address before proceedinc: with this project: It may be. possible t° addreSs financing for th~'s project from that Recreation Dedication account. We are also looking into possible funding through Palm Beach County in the form of grants through D.I.P./R.A.P. programs. At this point we do not have enough information about these programs to know if this project qualifies for this project yet. are sketches of the Girl Scout property and possible improvements we Please advise if you Attachment(s) JWlvlr *= corrected copy 03/14/01 Page 2 of 2 REC '~' Sw ~ SW ,~ SW SW SW 27th AVE t h -~VE } th m MISSION HILL SUNSET RO RD BLVD WHISPER IN $ RNES HILLCRES RD Z RD I DENSE WOODS MISSION HILL ROA VI-CITY MANAGER'S REPORT ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 [] April 3, 2001 March 21,2001 (5:00 p.m.) [] June 5, 2001 [] April 17,2001 April4,2001 (5:00p.m.) [] June 19,2001 [] May 1,2001 April 18,2001 (5:00p.m.) [] July3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p,m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans c'~ [] Consent Agenda [] New Business c:~ ~--~ [] Public Hearing [] Legal c_ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to direct staff to proceed with plans to construct a temporary dog park at Congress Avenue Community Parta: per the attached report from the Parks Department (g01-54). EXPLANATION: The original estimate for a temporary dog park was prepared before water restrictions became an issue. It has been suggested that recycled water be used as an alternative. Per the attached Parks Department report, cost will rise by approximately $20,000. Total estimate for this project is now $46,000. PROGRAM IMPACT: Recreation opportunities for dog owners will be expanded. FISCAL IMPACT: An estimated $46,000 will be expended from the Recreation and Park facilities account. ALTERNATIVES: Postpone plans to develop a dog park in thF ~City. __ /~Department Head s Signature / '~ .... ~r John Wfldner ~/ Parks Depathuent Name Cit~ Manager's Signature City Attorney / Finance / Human Resources SABULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC Memorandum #01-54 To: From: Date: Re: Wilfred Hawkins, Assistant City Manager John Wildner, Parks Director May 31,2001 Dog Park The original estimate for the temporary dog park was prepared before water restrictions became an issue. We planned to install a Iow cost irrigation system with a minimum of number of heads that could run throughout the night to maintain coverage of the site. Now that we have water restrictions we have been exploring recycled water as an option. Even though water restrictions do not apply to recycled water we have been asked by the Regional Wastewater treatment people to restdct the use of this water to daytime hours only. After speaking with dog park advocates they indicated that it would be no problem to close the park for several hours each day. Costs of installing Recycled water system are higher than our odginal estimates. Our odginal estimate for irrigation was $3,000, We have been working with Laurinda Logan of the Engineering Department to prepare estimates for a recycled water system. Preliminary .estimates for a recycled water system includes an additional pump station, bacldlow preventor, additional piping and heads. As best we can tell at this point is that irrigation with recycled water will cost approximately $23,000. (+ $20,000) The total original estimate for the temporary dog park was about $26,000. Including the costs for a recycled water system would bdng the estimate up to approximately $46,000. While these figures are still preliminary, my feeling is that we are providing a demonstration project for recalled water use. We would now have a combined project that could show our city residents the value of using recycled water for irrigation. TEMPORARY DOG PARK AT CONGRESS COMMUNITY PARK ITEM QUANTITY UNIT COST TOTAL 5 foot chainlink,perimeter of less than 3 acres 1000 3 foot fence dividing interior areas. 200 Double gate system 3 Childproof Latch 3 Canine Drinking fountain 1 Bag dispensers 1 Trash containers 1 Top of Line Argentine Bahia Seeding-3 acres 130680 Irrigation system 1 Benches-4'-0" 2 LF $14.00 $14,000.00 LF $10.00 $2,000.00 EA $250.00 $750.00 EA $25.00 $75.00 EA $1,018.00 $1,018.00 EA $15.00 $15.00 EA $249.00 $249.00 SF $0.03 $3,920.40 EA $23,000i00 $23 000.00 EA $219.00 $438.00 $45,465.40 2/23/01 Estimates for Dog Park Irrigation Irrigation material labor electrical Sub -Total Attachments to reclaimed pipe system reducer valve :Four inch meter PiPing 4" duct iron with restrain fittings ,meter vault Iso- valve fo[~ r inch back flow labor Pump Station 10 hp three phase pump & motor pump controls encioser suction & discharge piping Sub -Total Sub -Total 3000 900 9O0 4800 1,200 1,500 600 475 150 3080 2650 9655 1700 3500 1500 1200 7900 Requested City Commission Meeting Dates [] March20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 VI-CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.rr~) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM ' [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: City Manager seeks policy direction from the City Commission to authorize the City Staff to design and build an emergency storm water outlet to the Lake Worth Drainage District (LWDD) Canal #27 north of the subdivision. Silvertake Estates is a 169 home single-family development located at the southwest comer of Golf Road and Congress Avenue: The subdivision was originally approved in 1977 and constructed shortly thereafter. EXPLANATION: The scope of work involves the re-connection of an existing drainage outfall pipe that was apparently disrupted years ago. The work would be on public property within the right-of-way of LWDD Canal #27. Any incidental repair work to the existing, blocked ouffall pipe on private property, would be paid for by the homeowners association pursuant to an agreement between the City and the homeowner's association. The City staff has determined that the City does not have the administrative authority to make this repair because the public benefit to the City has not been demonstrated. The ouffall pipe serves the subdivision only. The City Manager believes it is in the City's best interest to authorize this work which will restore a second storm water outfall from the subdivision. This was originally constructed but was blocked in the late 1970's or the 1980's by parties unknown. The homeowner's association desires having the second storm water ouffall restored to assure protection of the subdivision from flooding in the event that the main outfall east to Congress Avenue becomes disrupted or blocked. PROGRAM IMPACT: None. Staff has design resources to handle the project, to coordinate with homeowners association and secure permits from LWDD. FISCAL IMPACT: Estimated to be $65,000 for the public right-of-way portion of corrective work inclusive of engineering costs. The cost of corrections, if required, to the homeowner association's portion of 36 inch outfall pipe is unknown until site is inspected. A follow-up report with a draft agreement between City and homeowners associaiton will need tobe prepared and submitted to the City Commission and review. Estimated timeline is 60 to 75 days. Department Head's Signature ~aty Manager's S~gnamre DepaFunent Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSX~AGENDA ITEM REQUEST FORM.DOC The Ci o Bo ntonBeach OFFICE OF THE CITY MANAGER 1 O0 ~. Boynton Beach Bouleuard P.O. Box 310 Boynton Beach, FIo~cia 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager~ci, boynton-beachfl, us uyu~w, cfi. boyntort-beach, fl. us To: From: Date: Subject: City Commission Kurt Bressner, City Manager June 11, 2001 Cranbrook Lakes Estates (Silverlake Estates) - Emergency Stormwater Outfall Summary of Request: City Manager seeks policy direction from the City Commission to authorize the City Staff to design and build an emergency storm water outlet to the Lake Worth Drainage District (LWDD) Canal #27 north of the subdivision. Silverlake Estates is a 169 home single- family development located at the southwest comer of Golf Road and Congress Avenue. The subdivision was originally approved in 1977 and constructed shortly thereafter. The scope of work involves the re-connection of an existing drainage outfall pipe that was apparently disrupted years ago. The work would .be on public property within the right-of-waY of LWDD Canal #27. Any incidental repair work to the existing, blocked outfall pipe on private property, would be paid for by the homeowners association pursuant to an agreement between the City and the homeowner's association. The City staff has determined that the City does not have the administrative authority~ to make this repair because the public benefit to the City has not been demonstrated. The outfall pipe serves the subdivision only. The City Manager believes it is in the City's best interest to authorize this work which will restore a second storm water outfall from the subdivision. This was originally constructed but was blocked in the late 1970's or the 1980's by parties unknown. The homeowner's association desires having the second storm water outfall restored to assure protection of the subdivision from flooding in the event that the main outfall east to Congress Avenue becomes disrupted or blocked. In early 1999, representatives of the Silverlakes homeowner's association contacted the City staff about restoring the north storm water outfall. The homeowner's association had alleged that the City either caused or had knowledge of blocking the north outfall. I was unable to ascertain the validity of this claim other than to confirm that the north outfall was blocked and that it once did exist. The north outfall was constructed as part of the original permit and subdivision improvements in 1977. The permitted plans showed an east outfall between Lots 14 and 15 and Lots 20 and 21. This outfall drains into a storm drain in Congress Avenue and then drains into a canal system east of Congress in Golfview Harbour. A weir device that then allows excess storm water to drain easterly via a 30 "storm sewer controls the flow from the subdivision via the east outfall. The second outfall is the one that was blocked. This was constructed between Lots 80 and 81 and Lots 70 and 71. The water drained north toward Golf Road and entered LWDD Canal #27. The water drained easterly along Golf Road then crossed under Congress Avenue: The original pipe as designed was a 36" storm sewer. Again the outfall flow was controlled by the use of a weir device. From the original plans, the east outfall was the secondary outfatl with an invert elevation of 6.5 feet while the north (blocked) outfall was set at 6.0 feet. Prehminary engineering work by staff indicates that because the bottom of LWDD Canal #27 has risen since 1977, the north outfall cannot be :retained at 6.0 and that it must assume the role of a secondary or emergency outfall. This is acceptable to the homeowners. The discussion with the homeowners and the City staffhas extended to today. The staff position is that the City has no responsibility to restore the outfall and that this is essentially a private problem between the homeowners association and the LWDD. I do not agree with this determination and believe that the City has a responsibility to act on behalf of the homeowners to facilitate the restoration of the north outfall. In order to do this; however, the City Commission must be asked to make a policy decision to authorize the staff to design a fix to the blocked storm water outfall. I submit for your consideration the following in support of a policy decision to authorize the City staff to design and install a new connection link to restore the north outfall: The north outfall existed and functioned as an integral part of the storm water management system for the subdivision. The City of Boynton Beach as part of the subdivision improvements in 1977 approved this. 2. While the homeowners have not reported any damage to homes due to flooding since the north outfall was blocked, there has been collateral damage to yards and street flooding. The homeowners believe that if the one existing outfall (east) is blocked in a storm event, there will be house flooding. Staff believes this to be true, however believes that the primary responsibility to maintain the east outfall is vested in the homeowners association. By way of counterpoint, the homeowners association believes that there is a possibility of a failure of the east outfall in the public right of way in Congress Avenue. The staff concedes this point but argues that the City is in a position to repair the line quickly. The homeowners association countered again by stating that this is not as fail safe as restoring the second outfall. The public benefit to restoring this outfall is based on the premise that the City would need to allocate a significant amount of public resources in a storm event to respond to house flooding in the subdivision if the east outfall became blocked. Restoration of the north outfall would, at least, restore a margin of error in the event of a major flood. The City cannot and will not guarantee to the homeowners association that the restoration of the north outfall will be an absolute protection against flooding in Silverlakes. I have had discussions with the Director of the Lake Worth Drainage District, Mr. Winters, who has indicated that the LWDD would respond favorably to a request by the City for a permit to restore the north outfal! and provide access to LWDD Canal #27. I estimate the cost of the restoration of the pipe connection to LWDD Canal #27 inclusiv~ of engineering will be about $65,000. This does not include the possible cost of any repairs .nEeded on the 36" pipe that is located on the homeowner's association property. This wouk~ be the financial responsibility of the homeowners and is best accomplished by an agreemen~ with the City to perform the work at their cost with right of entry and liability waivers obtained. This is a very unusual situation of a City Manager disagreeing with the staff. The law requires that the C~ty Commission rewew this matter and make a pohcy decision before a project of this type can move forward. Cc: James Cherof Wilfred Hawkins Dale Sugerman America's Gateway to the Gulfstream .~r.~m ~-0 &'~.~-- 81 ~0 7~ 'i4 I .~ 0° I$ I '~ 16 ~7 Z,I %.-/ ~8 41 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~ Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19,2001 [] July 3, 2001 VI-CITY MANAGER'S REPORT ~'TEH D, Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 200l (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Announcement [] City.Manager's Report [] Development Plans [] New Business [] Legal [] ,Unfinished Business [] Presentation RECOMMENDATION: Information presentation by staff on two strategic intiatives. EXPLANATION: 1. 2.10 Permit and Development Review Process - This is a joint City/Chamber intitiative to discuss ways by which our permit and development review process can be streamlmed and unproved. A progress report ~s attached. 2. 6.5 City-Wide Storm Drainage Projects - The staff is continuing to work on a menu of storm drainage projects that are proposed throughout Boynton Beach. The staff will present a verbal report at the meeting. PROGRAM IMPACT: Will be reflected in the Proposed Operating and Capital Improvement Budget Submissions for FY 2001-02. FISCAL IMPACT: Information at this time. For 2.10, it is anticipated that there will be a need for permit management software that is web enabled to allow permit holders and customers access to permit information and status of permit review. ALTERNATIVES: Information only. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETIN'ff:ORMS'xAGENDA ITEM REQUEST FORM.DOC Strategic Initiative 2.10 Transform the development review process in Boynton Beach to a facilitative approaCh as opposed to a restrictive approach Status Report May, 2001 Team Members: Kurt Bressner, City Manager Lusia Galav, AICP, Principal Planner Jeff Livergood, P.E., Public Works Director Tim Large, Building Code Administrator Scott Blaise, Code Compliance Administrator Ed Yates, Occupational License Manager Jeannie Heavilin, CRA Board and Chamber of Commerce Jose Aguila, CRA Board Strategic Initiative 2.10 Status Report May, 2001 Background Strategic Initiative 2.10 was developed t° "Transform the development review and implementation process in Boynton Beach to a facilitative approach as opposed to a restrictive approach". A City staff team, chaired by Lusia Galav, was created to address this initiative. During initial team meetings, it became apparent that most perceived concerns about the development process involved permit administration of smaller developments. Thus, the team has concentrated its efforts in this regard. The team recognizes that there are a number of other concerns throughout the City relative to various zoning issues that have been commingled with permit relatedi concerns. Because zoning issues are being addressed in Strategic Initiatives 2.1 and 2.2, the team has dealt strictly with matters related to the permit process. Findings and Investigations The team has identified three primary topics that merit further evaluation. Although these topics do not capture all identified concerns, it is the opinion of the team that by evaluating these three topics then we will have addressed the vast majority of concerns related to the City's permit process. The three topics, and further discussion of each, are as follows: 1. Land Development Regulations The Strategic Initiative Team clearly understands that it is essential to review the various regulations imposed upon builders and developers. Although not all inclusive, many of these regulations are typically associated with local building codes. The team believes it essential to evaluate these regulations to insure that our application of various codes is consistent with standard practice in other communities throughout South Florida. Furthermore, it is the opinion of the team that many perceived concerns by our customers may not lie in the derivations of the codes Or regulation themselves. Rather, concerns are likely based upon our local, and sometimes conflicting, interpretation of same. This team will continue evaluation of various codes and regulations and a summary of our findings and recommendations will be included i n our final report. 2. Education of our Customer(s) and Staff The Strategic Initiative Team recognizes that many perceived concerns about the permit and development process are well founded and valid. However, we readily opine that many concerns, some highly visible, are not so much rooted in problems associated with City process, rather they are based upon ignorance, in a polite way, of our customer. We find that we have, at times, incorrectly expected our customers to be well versed in City code, laws, and policies and we have become frustrated to find that they are not. Many of the concerns raised by our customers are not initiated by repeat customers that are familiar not only with our codes and processes, but our staff as well. These repeat customers are often times contractors and small developers that know their responsibilities and act accordingly. This is not to say that some repeat customers have experienced frustrations similar to first time applicants. We find, however, that many concerns are raised by the small business owner or individual homeowner. It .is these individuals that are usually undertaking a one-time building need our help. We have learned that we must assume that the customer do: : know our cod a us to ~teach:and educate our It is ,licants, as customer various internal disciplines. It is our desire to help the customer in a positive way. the 3. The permit process. This p~icular point has consumed the largest portion of the Strategic Initiative Team's time. Early on, we found ourselves addressing, second hand, rumored concerns of many of our:permit customers. Thus, we found it necessary to conduct an informal workshop to hear from some of our customers that'had experienced problems with City process and/or: staff as part of a building.permit. We conducted a workshop on April 25 and were very 'pleased with the candid conversation and input we received. We leamed that there are specific issues related to a number of topics that generated broadly based themes. We believe it necessary to further evaluate, for example, the number and types of permits issued by the City. Do we assess an inordinate amount of permit requirements and fees such that Boynton Beach is more rigid: than other communities? Do we assess permits and fees for legitimate regulatory control or do we assess these simply to garner revenue? We learned that many of our customers questioned the relationship between a building certificate of occupancy and how that relates to a business occuPational license. We found that many of our customers were confusing the two entities and thus, incorrectly assuming that they were interchangeable. ~Our team desires to further explore the relationship between building occupancy and occupational licensing requirements. The vast majority of our team discussion has involved the overall structure of the City's permit process. We understand that many of our customers feel as if they get lost in the shuffle, not unlike we all find ourselves as consumers feeling in our private lives when we deal with private business. Our customers have expressed concern about a perceived 2 lack of consistency between various staff members that must interpret and adjudicate various codes. Because the human element is so critical in our process, it is our responsibility to do our best to minimize inconsistent direction and/or communication with our customers. The team also heard clearly that there is a desire on the part of our customers to provide them with a liaison. Customers desire to have one central contact that will help them through the permit application process and continue until such time that construction is complete and final. We intend to create this process and will develop this structure as part of our final report. To address other concerns raised by customers, we believe it essential to create a number of "checklists" that will help guide applicants through the permit process. We hope to use this procedure to minimize the number of incomplete submittals by applicants. We plan to research various software applications so that permit tracking by applicants can be done on the internet and we further intend to better track internal permit processing on our existing H.T.E. system. Summary We have provided this interim report to advise of the status of this initiative. We anticipate completing all referenced research components and hope to draft a final report for consideration by the City Manager and City Commission by October 1, 2001. Our action items are as follows: 1. Develop an inventory of existing City permits to determine the validity of value of each. Make recommendations concerning either the elimination or modification of same. 2. Review Land Development Regulations. The City should consider contracting this work so that an independent review is conducted. It is desirous to develop regulations that are, to some degree, consistent with the direction of surrounding communities. 3. Develop educational materials and programs for customers and staff. The Planning staff is currently revising the development manual. 4. Identify specialized customer service training for City staff. Foster consistency and customer understanding among staff. 5. Research electronic tools and software applications to facilitate both internal and external permit monitoring. 6. Create an enhanced staffing structure that will accommodate liaison activities. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3,200t [] April 17, 2001 [] May 1,2001 V!. CITY MANAGER'S REPORT ZTEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned ~n to City Clerk's Office May 2,:2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6,2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Information on status of temporary site for proposed Boynton Beach Charter School EXPLANATION: The City, staff has been working with representatives of a charter school who desire to open a facility for the 2001-02 school year. This is the same charter school that had proposed using the old high school. Recogmzing that use of the old high school building was not possible, the school representatives and the staff worked on alternative sites. The school will be requesting temporary use of a vacant park parcel located at the end of Springfield Blvd. Presently, the school is looking at a parcel dedicated as park property as part of the Nautica Sound PUD (Parcel gl on map) but also has looked at a parcel of property dedicated as park property as part of the Meadows PUD (Parcel #2). The preferred site is parcel gl. In order for this project to proceed as a temporary site;the City will need to consider the following: 1. A lease agreement with the school which stipulates the time-line, costs and conditions of temporary use of parcels #1 or #2. The projected time-line of the agreement is July 3rd Commission Meeting. The agreement is subject to the approval of a Master Plan Amendment (see below). 2. A Master Plan Amendment (Local) which must be heard bY the Planning and Development Board in a special meeting. The school has made application for the hearing. The tentative Commission.review of a P&D Recommendation is July 17th. 3. An informational meeting with area residents to seek input and concerns about the temporary use of either Parcel #1 or Parcel #2. In addition, the School is in the process of reviewing a request of the City to use another vacant park parcel as a possible permanent home for the school. This is a vacant park parcel dedicated as part of the Nautical PUD and is noted on the attached map as Parcel #3. A tentative date for a neighborhood meeting to discuss the temporary use and to seek citizen input on a permanent site is June 28~ at 7 PM at Fire Station #3 on Congress at Miner Rd. PROGRAM IMPACT: Information only at this time. FISCAL IMPACT: ALTERNATIVES: Information only at this time. Information only at this time. Department Head's Signature City Manager's Signature S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates March 7, 2001 (5:00 p.m.) [] May 15, 2001 March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) [] June 5, 2001 [] June 19,2001 [] July 3, 2001 XI-LEGAL ITEM A.1 Date Final Form Must be Turned ~n to Cit~ Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 19, 2001 City Commission Agenda under Legal - Second Reading. This item was approved by the Commission during the Public Hearing held on May 15, 2001. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-080. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCt~IPTION: A PINK PRINCESS Bradley Miller, AICP and Carl A. Cascio George and Marion Uhazie (Janet Kysia) 1120 South Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject + 0.73 acre property. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Director o~m~ing an~ g~ng pjr~r ~f B~ve~pln~nt City Manager's Signature City Attorney / Finance / Human Resources JSSHRDATA~PlanningXSHARED\WPXPROJECTSXA Pink Princess\6-5-01 CC Agenda Request 1st reading land use.dot S:~BULLET1N~ORMS'CtGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 0~.- 2~:' AN Cl'TY OF THE PRO.]ECT AT 1120 SOUTH KNOWN AS A PINI ORDINANCE 89-38 OF SA[D THE THE NG THE WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element a Comprehensive Plan as set forth in Chapter' 163, Florida Statutes, has been ; and WHEREAS, after public hearing and study, the C'~y Commission deems in the best interest of the inhabitants of said City to amend the aforesaid the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE TI' ORDAINED BY THE CZTY COHH~.qSZON OF IE CTrY OF BOYNTON BEACH, FLOI~DA, THAT: ~ Ordinance No. 89-38 of the C~:y is hereby amended tO reflect the : That the Future Land Use of the following described land shall be nated as Local Retail Commercial (LRC). Said land is more particularly as follows: See Attached -Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby 'epealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FI:EST .READING this day of .lune, 2001. SECOND, FINAL READING and PASSAGE this day of , ~001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) LEGAL DESCRIPTION PARCEl. I LOT l-A, LESS THE EAST TWENTY (20) FEET THEREOF, PLAT OF LEE MANOR ISLES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24. PAGE 211, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 138, PAGE 229, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ..... LEGAL DESCRIPTION PARCEL 2 A PORTION OF LOT 1, PLAT OF LEE MANOR ISLES. ~CCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 13~, PAGE ~9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOU. OWS: I COMMENCING AT THE NORTHEASTERLY CORNER OF AFOREMENTIONED LOT 1; THENCE WITH A CURVE TO THE RIGHT ALONG THE NORTHERLY BOUNDARY OF LOT 1, HAVING A INITIAL TANGENT 'BEARING OF NORTH 69 OEGREES, 39 MINUTES, 35 SECONDS WEST, A RADIUS OF 100.00 FEET. AN ARC LENGTH O~ 35.02 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 40 DEGREES, 38 MINUTES, 50 SECONDS WEST, A DISTANCE OF 36.4~ PEET TO THE POINT OF BEGINNING; THENCE WITH A BEARING OF SOUTH 0 DEGREES, 11' MINUTES, 31 SECONDS EAST, A DISTANCE OF 10~.4~ FEET TO A POINT; THENCE WITH A BEARING OF NORTH DEGREES, 02 MINUTES, 00 S;.CONDS WEST, A DISTANCE OF 204.32 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY ~,, AS NOW LAID OUT AND IN USE; THENCE WITH A CURVE TO THE RIGHT ALONG ~AID EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1. HAVINQ AN INITIAL TANGENT BEARING OF NORTH 12 DEQREES,-21 MINUTES, 01 SECONDS EAST, A RAOIUS OF 3769.83 FEET, AN ARC LENGTH OF 129.57 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND ARC LENGTH OF 3G.74 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 61 DEGREES, 20 MINUTES, 10 SECONDS EAST, A DISTANCE OF 63.16 ~:EET TO A POINT OF CURVATURE; THENCE WITH A CURVE TO ':HE RIGHT, HAVING A RADIUS OF 150.00 FEET; AND ARC LENGTH OF $$.4~ FEET TO A POIHT; THENCE WITH A BEARING OF SOUTH 49 DEGREES, 35 MINUTES, 50 SECONDS EAST. DISTANCE OF 10.47 FEET. MORE OR LESS, TO THE POINT OF BEGINNING. PLANNING AND ZONING DMSION MENfORANDUN! NO. PZ 01-080 TO: FROM: THROUGH: Chairmau and Members Community RedeveIopment Agency Board Rumpff''_ '[ C' 2.__ Michael W. Director of Planning and Zoning DATE: April 27, 2001 Project/Applicant: PROJECT DESCRIPTION ,/ A Pink Princess/Janet Kysia Agent: Bradley Miller, AICP 1VIiller Land Planning Con.sulmnts, Inc Owner: George E Uhazie & Marion R. Uhazie Location: 1120 South Federal Highway ..... ,.~_File No: Land Use AmendmentfRezonlng (LUA_R 01-001) Property Description: DeveIoped property located one-half relic north of Woolbright Road consisting of 0.73 acres classified Office Commercial (OC) Ia_ad use and zoned Of-ice Professional (C-I). The property' is divided by SE 11a. Avenue. -The larger, southern portion of the property (26,029 square feet) contains the office building, and parking; the northern portion (5,.784 sqUare feet) is vacant. The building, constructed ca. 1935 and included in the..Ciry 0f'Boynton Be~ch Historic Sites Survey as the Lee Manor/.an, has recentty housed a real estate ....... office, an.d prior to, filet, a bank with a drive-thru facility. '; ..... ._ ........ . .................. ..... ..... :. :.-._. Proposed change/use: To reclassify the subject property' from Oft'ice Commercial (OC) to Local Retail ' Commercial (LRC), and rezone from Office Professional (C-I) ~.o .. Neighborhood Commercial (C-2). ' ._ Adjacent Land Uses and Zoning: North: Developed property classified as Office (OC) land use and zoned Office Professional (C-I), containing ~wo single-story office complexes, fur'~er north is the Boynton Woman's Club, one' of the few properties in the city currendy listed on ff~e National Register of Historic Places. South: Developed property classified as Office (OC) land use and zoned Office Professional (C-l), containing a combi/ladon of single- and r~'o-s~oo, condominium o~]ce comvlex. Furuher sou~ is pro~e,,'ry containing a sk-down restaurant (Il-tOP) also classified as O~ice (~)C) land use and zoned Ofzqce Professional (C-l). Parking and access for the property to the south onto SE i te' Avenue, separating r. he subject property ~om uses loca:ed farther eas~. Then, developed property classified as Low Densi~,' Residendai (LDR) and zoned Single Family Residential with a maximum de~iv/of 5.40 a,',~r~;.~' unit~ per acre (R-iAA) containing single-family homes (Boynton isles). ~. ~ Fit~ Humber: LUAR 014)01 A Pink Princess We.st: Federal Highway right-of-way, then developed property classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3) containing, on the north side of SE I2~ Avenue, a gas station (currently closed), and on the south side, a convenience store (Kwik Stop), then a fast food establishment (Dun_kin' Donuts). PROJECT AN.4.LYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale'' amendment, the property must be less than 10 acres in size. A "small-scale" amendment can be adopted prior to forwarding to the Florida Deparunent of Community Affairs and is not reviewed for compliance with the state, regional aju, d local c~prehensive plans. The subject property contains 0.73 acres, and therefore qualifies as a small-scalcd' amendment. The criteria used to review Comprehe~aive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Furore Land Use Map. ao Whether.the proposed rezoning would be consistent with applicable comprehensive p.lan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan." According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Conkmercial Laud" the following is recommended: .. "The Future Land Use Plan which is proposed for the City and area to be Annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not Change the land use to commercial categories, beyond, that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infili parcels, or commercial uses' of a kigNy specialized nature, Which have special location or site requirements, and therefore cannot, be easily accommod~md on already designated commercial area~', and Policy I. I9.6 of the Laud Use Element reinforces the recommendation and reads: "The City shall not allow commercial acreage wkich is ~eater than the demand which Ms been projected, unless it can be demonstrated that the additional commercial acreage would not recuL-e the proportion of commercial acreage on the City's Future Land Use Map to exceed the proporvion o£commercial acreage on the Palm Beach County Future Land Use Map. The Ci.ty shall not allow commercial unless a parricut~ proper~f is unsuitable for other uses, or a geographic need e:dsts which cannot be fulfilled by e.'dsfimg comn,.~cia!ly-zoned prope:'E/, the commercial use would comply ~-ith all other applicable com=r:hensive plan policies." The proper'c/for which the amendment is requested is wir2fin the ciq~'s ~-u:'ricane evacuation zone, however, the requested change involves corrznercial deve!opmenc and wiIl not increase residential de~irv. Wk.h reference to the recommendation and policy regarding t~he increase of cow~mercia'I oo Page 3 C' File Number: LUAR 01-001 A Pink Princess acreage, the property is already classified among the "Commercial" land use categories· - The requested change is for an increase in intensity'of use from C-I to C-2, rather than a change in use. .Whether the proposed rezoning would be contrary to the established land uae pattern, or would create an isolated district unrelated to'adjacent and nearby districts, or would constitute a grant of special priviIege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning does introduce a new usei :C-2, to the area; however, rather than creating an isolated district, ir may be viewed as a transition between the ex/sting C-1 commercial uses on 'both the' north and south and the ex/sting C-3 uses to the west across Federal ,Highway. The proposed use of the site is compatible with surrounding uses and is not inconsistent with ~ther uses in the Federat Highway corridor. · c. Whether changed or changing conditions make the proposed r~oning desirable. The recent development of the Federal Highway Corridor Communltv Redevelopment Plan may be viewed as changing conditions, since that plan recommends amendments to the current development regulations to encourage neighborh'ood-se~ing retail, particularly in this portion of the corridor that serves as the southern "gateway" to th~ downtown. The property is a par~ of a ~node of commercial development" at the intersection of SE I2~ Avenue and Federal Highway. SE I2e~ Avenue is orie of the few roadways crossing the FEC railway .and cormecting Federal Highway with Seacresr Boulevard. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. ' - The applicant has stated that the appro.v, ai of this application, wilt not se/we to increase .demands on either the potable wa~er or sanitary sewer levels_of se-/~4.ce 6r syst&n~:"i. Palm Beach County has reviewed the traffic study for this project and has i:letermined that the inc~riaie in daily m.'Ps by an average of 379"trips ' meets the Traffic Performance Standards of the County. With ?esPect to solid waste, the Solid Waste Authority has stated, within a letter dated January 8, 2001, thatadequate capacity ex/sm to.accommodate .... - the county's municipalities throughout the 10-year planning period: Lastlyi"drainage infrastructure is already in place and no change is anticipated for the project. e. Whether the proposed rezonifig would be compatible with the Current at, future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The applicant proposes to use the existing structure to house a girls' boutique, 'selling clothes, dolls and gift: items. The structure is listed in the city's Historic Sires Survey as a property with potent/al for National Register nomination, as indicated in the survey. Its continued use and maintenance will heir> to preserve this "time exaa-nple of the development of the city during the Depression/New Deal Era." The statements of impacts to the infrastructure provided by the applicant indicate that the proposed use will only minimally increase traffic and will not increase demomds for other city-provided utility services. [t should be noted, however, that a range of commercial uses are ue,'-rrfirted "by-right" under the C-2 Neighborhood Commercial zoning. The uses inciude small retail stores conra/.nmg up to 5,000 square feet and selling merchandise that ranges from furrfirure and ant/ques to automobile parrs and marine hardware., Page 4 File Number: LUAR 01-001 A Pink Princess Whether the property is physically and economically developable under the existing zoning. The property is developed and could be utilized in its present condition for a broad range of uses permitted under the existing zoning. g. Whether the proposed rezoning is ora scale which is reasonably related to 'the needs of the neighborhood and the city as a whole. Tt~e subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. / h. Whether there are adequate sites elsewhere in the city for the proposed v. se, in dixrricrs where such use is already allowed. There ~ire other properties along Federal Highway that have land use and zoning designations that permit this type of use. The applicant states that "no other (proper;les) have the atmosphere of this particular property.' CONCLUSIONS/RE C Oh~ffI~NDATIONS Under normal circumstances, staff would oppose this proposed reclassification, since it bears rn~y of the cha~:acteristics of spot zoning. In this case however, staff supports the rezoning given that the proposed use and intensity change is generally consistent with the recommendations of the Federal Highway Corridor Commuhity Redevelopment Plan, and since plan implementation will result in the consolidation of zoning districts and/or elimination of inconsistent districts and uses. Tiffs request is also consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. It will be co. mpatible with adjacent land uses and will contribute to the overall economic development and redevelopment of the Federal Highway Corridor and the City in general. Therefore, staff recommends that the subject request be approved. If conditions are recommended by the Community Redevelopment Agency Board or the City Commission, they Will be included as Exhibit "B". ATTACHMENTS [~.CIq~.MA~H.~DATA~Plazu'dng~.W~PROJFgCT~.A ~ Prirr.~.Pini~l~nc..~:g~xff ~or~ LOCATION MAP EXHIBIT ;'A" j u EC · , I / /. / ./ Requested City Commission Meeting Dates [] March 20, 2001 [] Ap~l 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 200I (5:00 p.m.) March 21,200I (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSnished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 19, 2001 City Coirmfission Agenda under Legal - Second Reading. This item was approved by the Commission during the Public Hearing held on May 15, 2001. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-080. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: A PINK PRINCESS Bradley Miller, AICP and Carl A. Cascio George and Marion Uhazie (Janet Kysia) 1120 South Federal Highway Request to rezone the subject + 0.73 acre property from Office Professional (C-l) to Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dkeotor o~in~d Zom~ City Manager's Signature ~(~A~omey / Finance / Human Resources \\CHXMAIN~SHRDATAXPIanningXSHARED\WP~PROJECTS~A Pink Princess\6-5-01 CC Agenda Request 1 st reading rezoning.dot S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 0 01- ~.f/ AN ORDINANCE OF THE I THE CITY OF ~ REGARDING THE AND MARIoN ORDINANCE A CERTAIN OFFICE NEIGHBO OF FLORIDA, E. , BY REZON:ING LAND MORE FROM TO (c-2); SEVERABILITY AND WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Bradley Miller, AICP, Miller Land Planning Consultants, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a :Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly described hereinafter, from Office Professional (C-1) to Neighborhood Commercial (C-2); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW~ THEREFORE, BE 11' ORDA/NED BY THE CI'TY COI4f4TSSION OF THE CZTY OF BOYNTON BEACH, FLOR/DA, THAT: ~ The following described land, located in the City of Boynton Beach, Rodda as set forth as follows: See Attached Exhibit ~A" )e and the same is hereby rezoned Office Professional (C-1) to Neighborhood :ommercial (C-2). A location map is attached hereto as Exhibit "B" and made a of this Ordinance by reference. ~ That the aforesaid Revised Zoning Map of the City shall be ~mended accordingly. ~ All ordinances or parts of ordinances in conflict herewith are repealed. ~ Should any section or provision of this Ordinance or any ion thereof be declared by a court of competent jurisdiction to be invalid, such lecision shall not affect the remainder of this Ordinance. ~ This ordinance shall become effective immediately upon F"[RST READING this day of June, 2001. SECOND, F~NAL READING and PASSAGE this day of.lune, 2001. CTTY OF BOYNTON BEACH, FLO~DA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) s:ca\Ora~Rezoning A Pink LEGAL DESCRIPTION PARCEl. I LOT l-A, LESS THE EAST TWENTY (20) FEET THEREOF, FLAT OF tEE MANOR ISLES, - ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 211, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, A~ RECORDED IN OFFICIAL RECOROS BOOK 13~, PAGE 229, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. .... LECAL DES IPTIOI'-- PARCEL 2 A PORTION OF LOT 1, PLAT OF LEE MANOR I~.ES. ~CCORDIRG TO THE. PI. AT THEREOF ON File IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, LES8 THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 13J, PAGE ~9, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~: COMMENCING AT THE NORTHEASTERLY CORNER OF AFOREMENTIONED LOT 1; THENCE WITH A CURVE TO THE RIGHT ALONG THE NORTHERLY BOUNDARY OF LOT 1, HAVING A INITIAL TANGENT BEARING OF NORTH J9 DEGREES, 39 MINUTES, 35 SECONDS WE~I', A RADIUS OF 1N.0~ FEET. AN ARC LENGTH OF 35.0;~ FEET TO A POINT; THENCE WITH A BEARING OF NORTH 49 DEGREES, 35 MINUTES, SECONDS WEST. A DISTANCE OF $~.4~ PEET TO THE POINT OF BEGINNING; THENCE WITH A BEARING OF ~OUTH 0 I~GREE~ 17 MINUTES, 31 ~ECONDS EAST, A DISTANCE OF 1~L4~ FEET TO A IN)IRT; THENCE WITH A BEARING OF NORTH 86 DEGREES, 02 MINUTES, ~)O ~'~CONOS WEST, A DISTANCE OF 204.32 FEET TO A POINT LYING OH THE EASTERLY RIGHT-OF-WAY UNE OF U~ HIGHWAY ;, AS NOW LAID OUT AN{) IN USE; THENCE WITH A CURVE TO THE RIGHT ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF US HIGHWAY 1, HAVING AN INITIAl. TANGENT BEARING OF NORTH 12 DEGREES,.21 MINUTES, 01 ~ECONO~ EAST, A RADIUS OF 3160.E3 FEET, .AN ARC I. ENGTH OF 120.~T FEET TO A POINT OF COMPOUND CURVATURE; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND ARC LENGTH OF 3~.74 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 51 DEGREES, 20 MIN .UTE~o 10 SECONDS EAST, A DI~I'ANCE OF 8~.1~ FEET TO A POINT OF CURVATURE; THENCE WITH A CURVE TO '¢';4E RIGHT, HAVING A RADIUS OF 1 E0.00 FEET; AND ARC LENGTH OF ~S.4t I~ET TO A POINT: TH;NCE WITH A BEARING OF SOUTH 49 DEGREES, ~J MINUTES, 50 SECONDS ~AST. A DISTANCE OF 10.47 FEET, MORE OR LES8, TO THE POINT OF BEGINNING. LOCATION MAP ; I EXHIBI'[' "~" U EC TO: FROM: THROUGH: Chairman and Members Community Redevelopmenr Agency Board Dick Hudson, Senior Planner ¢1¢'2__ Michael IV. Rumpf Director oe Planning and Zoning DATE: April 27, 200I Project/Applicant: PROJECT DESCR..rP~oN / A Pink Princess/Janet I-,[ysia Agent: Bradley MJJ~er, A_ICP Miller Land Planning Consultants, Inc Owner: George E UhaZie & Marion R. Uhazie Location: 1120 South Federal I-Iighway File No: Land Use AmendmentfRezoning ('LUAJ~. 014501) Properly,- Description: Developed property located one-hal f mile north of Woolbright Road consisting of 0.73 acres classified Office Com.mercial (OC) land use a.ad zoned Office Professiotmt (C-I). The prope.~." is divided by SE 11~. AVenue. ,The larger, southern portion of the proPe.~y (26,029 square fee0 conmins the office building, and parking~ the northern portion (5,784 square fee,.) is vaca_u~. The building, coxstructed ca. I935 and included in the .City' 0f~Boynton Be~ch Historic Sites Survey as the Lee Manor Iron. has recently housed a' rea! estate ....... office, and prior to. that, a bamk with a drive- hththththththththt~U facility. : -... ....... ._ ........................ :., ..... : ...... :...--: ..... :. :-:.,-.. Proposed cha_uge/nse: TO reclassify the subject property from Office Commercial (OC) to Local Real[ ' Commercial ('LRC), and rezone from Office Professionai.(C-i) to '. Neighborhood Commercial (C-2). .. Adjacent La_nd Uses and Zon;ng: N'or-th: Developed Froue.,:~. classified as Office (OC) !and use and zoced O~ce Professional (C-!), cou~Lu.ing r~vo s~gle-s:o~ office complexes, 5z~4~er no~& is ~e Bovnron. Wo~'s Club, · e few propemes ~ ~e city cu~endy listed o= ~ke Na~onal Re~is~er of Kismric Plzces. Deve!o~ed property' classified az Office (OC) !a".d use ~md zoned Office Professions! (C-L), containS.=_ a combinatio= of single- m',.d t~a'o-s~oo' c~.z_orr~_u....~ ;"; '~' off, Ce com~-~. FuzZier s~u~ '~s proF¢~ coa<b~g a sk~own resmur~ (IHOP) also classified az O~Zce (OC) land use and zzaec O~Tce Professio~I (C-t). Parking a_ad access for me proper-q/ ~om uses located File Number: LUAR. 01-001'" A Pink Princess Federal Highway right-of-way, then developed properqi cIazsffied as Lccai Retail Commercial (LRC) and zoned Community Commercial (C-3) containing, on &e not-,,h side of SE'v~_ -,~.ve..ue,. a gas staraon (currently cIosed), amd on the south side, a convenience store (Kwik Stop), then a fast food establishment (Dun. kin' Donum). PROJECT ANAzYsIs Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Ma~ to qualify'as a "smalI-scale" amenciment, the property must be less than 10 acres in' size. A "smalI-sc~Je' amendment can be adopted prior to forwarding to the Florida Depot--orient of Com_raunky Affairs and is not reviewed for compliance with the state, regional and Iocal comprehensive plans. The property contains 0.7? acres, 'and therefore qualifies as a~ "smali-scale/'. amendment. "Fne crimria used to review Comprehehsive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, tter~ C. Comprehensive Plan Ameratmenr&. Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. /'ir' Whether.the proposed rezoning wout. d be consistent with appIicabie corr~rehenxive policies including b~ nor limited to, a prohibiffon agai~r de~i~ arceeding 50 in the hu~c~e evnc~ffon zone without wff~en coorovai of the Ben& Coun~ Emergen~ P~ning Division ~r~ the Civy s deparr~aenr s~II a~o recom~ limiranbns or requirements, which wouM ~ve ro be imposed on s~seouenr d~/elopmenr'of the prope~/, in order ro co~wO with ~Iicies contained in the comprehe~ive p~n." According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Cor~ercial Land" the following is reaommende~: . ?- ''The Future Land Use Plan which is proposed for the City and area to be armexed by the City will accommodate aH of the anticipated demand for cotT~ercial lJad through build-our. Therefore, the City should not change the land use to cdrnmercfaI categories, beyond that which is shown on the proposed Future Land Use Plan,' except for minor bou~.ndar-y adjustragnts, mflll parcels, or commercial uses of a h/gh/y ~ecialized nature, winch have soemal iocanon or stte requzremenra, and therefore cannot, be easily accommodated ~n already designated commercial areas", and Policv I. I9.6 of the Land Use Element reinforces the recorv._meadation and reads: "The City shall not allow commercial acreage w'bHch is proj[ected, mnless ir can be demonsWated nha.~ the addidonz. the propor-don ofcorn.merciat acreage on the Ci~."s Fur'~-e proportion of cormmerciaI acreage on Line Palm Eeac~ Cou: shall not allow' commercial u.n/ess a geowaohic need e.~sts which cm~not be b..z, Iiiled bv the cornzv, erciaI use would comply ~-kh al! ocher applicable The proce.wv. . for which ~e amendment is rezuesred is ',-' " -'~ ax u".' eke ~owe','e:. r/ne requesad change involves commercial de','e[opmen! :a:~ Li'-.zn tZne demand which I'ms been co~--~'.ercial acreage would not recui-e Lmnd Use Man to exceed the :r,; Furare La.n'd Use Nfan. T~.e CIE,' ~,sui.able for ocher uses, or a '_z com-?,ercia!iy-zoned prope,-T.,;, and com,z, rele.nsive plan policies.' and wii! nor. increase V,:i~Z't reierence co c,Se reco.manev, darion ~d coi~cv :eza:d -,., :he i:.creaze of co,xn, erc!~ ' Page 3 File Number: LUAP. 01-001 A Pink Princess acreage, the property is already classified among the "Commercial" IJnd use categories. The requested change is for an increase in intensity of use from C-I to C,2, rather than a change in use Whether che proposed rezoning wouId be contra:7 ro the established land use par:em, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of speciaI privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning does introduce a new use, C-2, to the area; ho, isolated district, it may be viewed as a transition beu,veen the nor'& and sour. h and the existing C-3 uses to the west acr°ss Federal: Hi site is comsatible with surrounding uses and is not inconsistent with corridor. rather than creating an commercial uses on both the The proposed use of ttte uses in the Federal Highway c. Whether changed or changing condfffons ma~ the proposed retorting desirabIe. Tt~e recent development of the Federal Hi_~hwav Corridor CommuNty. Redevelopment Plan may be viewed as changing conditions, since that plan recommends amendments to the current development regulations to encourage neighborgood-sery, lng retail, particularly in this portion of the corridor that serves as the southern "gateway" to the downtown. T~e property is a part of a "node of commercial deveIopment" at the intersection of SE ;12~: Avenue and Federal Highway. SE I2= Avenue is ofie of the few roadways crossing the FEC railway ..and cormecting Federal Highway with Seacrest Boulevard. d. Whether the proposed u. se would be compa.ffbte with utiIity sysreras, roadways, and ocher public facilities. ~ " .-'. The applicant has stated that the approval of ti-ds application will not serve to increase.demands.on either the potable water or sanitary sewer lev'fits o'f se'/Oi'ce Sr sys~rn}'."~PaLm Beach Cotinty has reviewed the ~afr'ic study fo~- this project and has ~eter~ed th'at the inc~'~ai'e in da/Iy m..'~s by an average of 379"er/ps meets the Traffic Performance Standards of the Count.- With ?espec~ to soIid waste, the $oIid Waste Authority has stated, within a letter dared J'antmry 8, 2001, that adequate capacity exists to.accommodate the county's municipalities throughout the 10-ye~pDr~g period. Lasdy~"drainage in~astrucrure is already in place and no change is anticipated for the projecz. :. e. Whether the prqvosed 'rezonifig would be c[~rrqfa.ffble with the' b;arrenr anti,re use of adjacere and nearby properties, or would ~w'ecr toe property values of adjacent or nearby properties. T'ne applicant proposes to use the existS.up structure to house a girIs' bout/qua, selling clothes, dolls ~,ifl: items. The structure is listed in the city's Historic Sites Su~'ev as a pro,eryc with potential for National Register nomination, as indicated in ~e surwey. I:s continued use a_nd mxinie=ance will Ixe!p ~o preserve this "fi_ne exam=la of'the development of the tits' during the De=ressiovJNew Deal Era." The sra. tements of imoacts to the infrasu'ucture provided by the applic:mt Ledica= that the proposed use will ov..!y min~ally increase traffic a.nd will ' ~-=-~= de:v?2~-ds for other ciz.¢-provfded uriiir; sec/ices. [: should kc noted, however, that a range of cormmer:ial uses are :e.."wdxed "by-righ.:" under the C-2 Neighborhood Corrav. ercial zop.-~g. T'ne uses knclude small re~.ai! stores con~kni_ng up to 5,CC0 square feet a::d selling merchandise that ranges 5rom Parmmre az:d antiques to automobile =ares ~qd w_*rk':e..? Page 4 File Number: LUAR 01-1301 A Pink Princess f Whether the property is phyxically and economically developable under the existing zoning. The property is developed and could be utilized in its present condition for a broad range of uses perm/ned under the existing zoning. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. / h. Whether there are adequate sires elsewhere in the city for the proposed use, in districts where such use is already allowed. There ~-e other properties along Federal Highway that have land use and zoning designations that permit this type of use. The applicant states that "no other (properties) have the atmosphere of this particular property.' CONCLU$ION$/1LECOi%,DffF. N-DATIONS lder normal circumstances, staff would oppose this proposed reclassification, since ir'bears rn~y of me characteristics of spot zoning. In this case however, staff supports the rezoning given that the proposed use and intensity change is generally consistent with the recommendations of the Federal Hizhwav Corridor Commuki~ Redevelooment Plan, and since ptan implementation wil/result in the consolidation of zoning districts and/or elimination of inconsistent districts and uses. This request is also consistent with the intent of the Comprehensive Plan; will not create addkionaI impacts on infrasrrucm.re that have not been anticipated in the Comprehensive Plan. It will be co. mpatible with adjacent land uses and will contribute to the overall economic development and redevelopment of the Federal Highway Corridor and the City in general. Therefore, staff recommends that the subject request be approved. If conditions are recommended by the COmmunity Redevelopment Agency Board or the City Commission, they will be included as Exhibit "B'. ATTACHMENTS LOCATION MAP EXHIBIT ."A" U El:::; Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17. 2001 ~-~ May 1, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7. 2001 (5:00 p.m.) March 21,2001. (5:00 p.m.) April 4, 2001 (5:00 p.m,) April 18. 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,200t [] June 5, 2001 ]~ June 19, 2001 [] July 3, 2001 XT-LEGAL ITEH B.1 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement ,, [] Presentation [] City Manager's Report RECOMMENDATION: ApProval of this Ordinance on First Reading, which will amend the City Charter and Code to reflect a change in the date of Municipal Elections from March to November to coincide with county, state and federal elections. EXPLANATION: Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change. In drafting the Ordinance the City Attorney took the liberty of providing that sitting elected officials will continue to serve until their seat is filled in the November election which follows the end of their current term. This avoids cutting short the term to which the official was elected. The change to a November election to coincide with county, state and federal elections, would result in a greater voter participation, as well as reducing any costs associated with elections. PROGRAM IMPACT: n/a FISCAL IMPACT: ALTERNATIVES: Keep the municipal election in March. Depar~ H~d's Signature Deparmaent Name City Manager's Signature city Aaon "ff ance / aum .esources S:~BULLETINLgORMS',AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1 - 25 AN O~INANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA C~GING THE DATE OF MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN MARCH TO THE WHO, OF (SECTIONS 15, CONFLICTS, AN EFFECTIVE ~ WHEREAS, the City COmmission has considered the public benefits of municipal elections that coincide with county, state and federal elections; and WHEREAS, the City Commission has determined that moving municipal elections from the second Tuesday in March, as currently provided for in the Code and Charter, to the first Tuesday in November to coincide with county, state and federal elections would result in a greater voter participation in municipal elections and would reduce costs associated with elections when only municipal candidates are on the ballot; and WHEREAS, Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change; WHEREAS, The City Commission has considered and is guided by the Florida Attorney General's opinion (AGO 2000-61, issued October 6, 2000) that a municipality may by ordinance amend its city charter to move the dates of city elections to coincide with federal, state, and county elections, and to extend~the terms of the sitting commissioners to coincide with the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR/DA, THAT: Sectionl. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Effective immediately upon adoption of this Ordinance municipal elections shall be held on thc first Tuesday in November in years when elections are required to maintain staggered terms as provided for in the City Charter. The next municipal election following the adoption of this Ordinance will be the first Tuesday in November, 2002. Section 3. To provide for the orderly transition of office and to avoid shorting of office for which current elected officials were elected, each elected official who holds office on the date of enactment of this Ordinance shall continue to serve in office until their seat is filled in the November election which follows the expiration of their current elected term. Section 4. All references to "March" in the City Code or Charter, when used in the context of elections shall be construed to mean "November", following the enactment of this ordinance. Section 5. All references to "January" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "September", following the enactment of this ordinance. Section 6. All references to "February" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "October", following the enactment of this ordinance. Section 7. Sections 15, 51,138 and 141 of the City Charter are amended by adding the words and figures in underlined type and by deleting the words and figures in struck through type, as follows: Sec. 15. office. When Commission Members and Mayor to assume The Commission Members and Mayor who are elected in elections held in November of any year, shall assume office on the first regular or special city commission all~ in accordance with the then proceed to Select of this Charter. Sec. 51. Filling vacancy on City Commission. In the event of a vacancy occumng in the members of the City Commission, except at the close of a regular term, ... In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year .... Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, ... Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in September, nor later than noon on the second Tuesday in October of the calendar year in which the election is to be held... Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the first Tuesday in November in an election year. In the event a mn-off election is required as specified in section 139 hereof, said election shall be held on the fourth Tuesday of November. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. Section 8. In the event of a conflict between the provisions of this ordinance and any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 9. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 10. This Ordinance shall'become effective immediately upon passage FIRST READING this day of June 2001. SECOND, FINAL READING AND PASSAGE this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca~xd~Date of Mun Elections TO: CC: FROM: RE: DATE: MEMORANDUM Mayor and City Commissioners Kurt Bressner, City Manager James A. Cherofi City Attorney Change of Date of Municipal Election April 3, 2001 Commissioner Bruce Black has posed substantially the following question: May the City amend its Charter by ordinance to move the date of the municipal election from March to November, or must such change be submitted to the electors by referendum? SHORT ANSWER: The date of the municipal election may be moved by ordinance. AUTHORITY: Section 100.3605, Florida Statutes ANALYSIS: The procedure for changing the date of a municipal election was recently addressed by the Attorney General in response to a question posed by the City Attorney for the City of Mulberry, Florida. The Attorney General reviewed a potential conflict between section 100.3605 Florida Statutes, which authorizes amendment of election dates by ordinance, and 166.031 Florida Statutes, which requires charter amendments to be approved by referendum. The Attorney General concluded that section 100.3605 controls and that: ... the City may by ordinance amend its city charter to move the dates of the city election from April to November .... and to extend the terms of the sitting commissioners to November. I will await the-direction of the Commission before drafting an ordinance to change the date of the municipal election and extending the term of sitting Commissioners to coincide with the new election date. A copy of Attorney General's opinion 2000-61 is attached. J:',SHRDATA\CAXCOMM~motions to reconsider.doc Page I ~''~'~ation Search Result AGO 2000-61 (Cite as: 2000 WL 1508666 (Fla.A.G.)) Rank 1 of 1 Database FL-AG Office of the Attorney General State of Florida · 1 AGO 2000-61 October 6, 2000 RE: MUNICIPALITIES--CHARTERS--REFERENDUM--change in date of election of munlcipal elections and resulting change in terms of sitting officers may be accomplished by ordinance without a referendum, ss. 100.3605 and 166.021, Fla. Stat. Mr.~ Frank Comparetto, Jr. Mulberry City Attorney Citrus & Chemical Bank Building 114 North Tennessee Avenue, Suite 204 Lakeland, Florida 33801-4659 Dear Mr. Comparetto: You ask substantially the following question: the City of Mulberry, pursuant to section 100.3605, Florida Statutes, amend ~ city charter by ordinance to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November? In sum: Pursuant to section 100.3605, Florida Statutes, the City of Mulberry may by ordinance amend its city charter to move the dates of city elections from April to November to coincide with federal, state, and county elections and to extend the terms of the sitting commissioners to November. In Attorney General Opinion 94-31, this office stated that under the then existing statutes, the city commission of the City of Tallahassee could not amend its charter by ordinance to provide for a change in the date on which municipal elections will occur and extend the terms of the sitting officers affected by the change. This conclusion was based on the language of section 166.021 Florida Statutes (1993). Subsections (4) and (5) of the statute sought to implement the broad grant of home rule powers by repealing or converting into ordinances limitations on municipal powers contained in a municipal charter or special act adopted prior to July 1, 1973. Subsection (4) of section 166.021, however, provided that nothing in Chapter 166, Florida Statutes, the Municipal Home Rule Powers Act, was to be construed as permitting any changes in a special law or municipal charter that affect certain subject matters set forth therein, including "the terms of elected officers," without referendum approval as p~°vided in section 166.031, Florida Statutes. ~ring the 1995 legislative session, legislation Was introduced to amend s~ction 166.021, Florida Statutes. Section 1 of Chapter 95-178, Laws of Florida, Copr. © West 2001 No Claim to Orig. U.S. Govt. Works Fla. AGO 2000-61 (Cite as: 2000 WL 1508666, ,1 ,(Fla.A.G.)) Page 2 amended section 166.021(4) to read in pertinent part: 'However, nothing in this act shall be construed to permit any changes in a special law or municipal charter affect and the manner of their election qualifying periods for candidates and for ¢ by such changes in election dates, the terms of elected officers .ection of election dates and in terms of office necessitated approval by referendum of the electors as prowtded in s. 166.031. ,, {e.s.) Section 2 of Chapter 95-178, supra, created section 100.3605, Florida Statutes, relating to the conduct of municipal electionS. [FN1] Subsection (2) of section 100.3605 provides: *2 (2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes." An examination of the legislative history of the 1995 legislation indicates an intent that municipalities would be authorized to amend their charters to change the election dates and qualifying periods for candidates, in terms of office necessitated by such amendment, without a referendum. [FN2] Moreover, the title for Chapter 95-178, Laws of Florida, states in pertinent part: 'An act relating to municipal elections; amending s. 166.021, F.S~; authorizing amendment of a special law or municipal charter for the purpose of changing ~ election dates and qualifying periods for candidates, including any:changes in~y terms of office necessitated thereby, without referendum; creating s. 100.3605, F.S.; providing for change of qualifying periods and electionldates by ordinance and for the orderly transition of office; providing an effective date." While the title to a statute cannot enlarge the operation or effect of an enactment, it may be used as an aid in the~statute's interpretation. [FN3] The title reflects an intent of the Legislature to permit municipalities to amend ' d their charter to change the election dates an qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum. Accordingly, I am of the opinion that pursuant to section 100.360~5, Florida Statutes, the City of Mulberry may by ordinance amend its city char~er to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November. Sincerely, Robert A. Butterworth Attorney General [FN1]. Chapter 9.5-178, Laws of Florida, became effective January 1, 1996. See,~_~s7 3, Ch. 95-178, supra. ~j Copr. © West 2001 No Claim to Orig. U.S. Govt. Works Fla. AGO 2000-61 ~,~ te as: 2000 WL 1508666, *2 (Fla.A.G.)) Page 3 [FN2]. See, House of Representatives Committee on Ethics and Elections Final Bill Analysis & Economic Impact Statement on HB 2209 (passed by the Legislature as Ch. 95-178, Laws of Florida), dated May 10, 1995, stating: HB 2209 authorizes amendment of a municipal charter or special act without referendum for the purpose of changing municipal election dates and qualifying period for candidates and for the adjustment of terms of office necessitated by such date changes .... [FN3]. See, e.g., Parker v. State, 406 So. 2d 1089 (Fla. 1981) (one indicator of legislature's intent is the title of the law enacting the statute); Carlile v. Game and Fresh Water Commission, 354 So. 2d 362, 365 (Fla. 1977) (reference to the title of a legislative act is appropriate in determining legislative intent); Long vo State, 622 So. 2d 536 (Fla. 1st DCA 1993); State, Department of Environmental Regulation v. SCM Gtidco Organics Corporation, 606 So. 2d 722 (Fla. 1st DCA 1992) (to determine legislative intent, court must consider act as whole, i.e., evil to be corrected, language of act, including its title, history of its enactment, and state of law already in existence). Fla. AGO 2000-61, 2000 WL 1508666 (Fla.A.G.) END OF DOCUMENT Copr. © West 2001 No Claim to Orig. U.S. Govt. Works * END*END*END*END* END*END* END*END*END*END*END*E~*E~*E~*E~*E~* E~*E~* E~*E~*E~* 1885068 - IGWE,NICHOLAS Date and Time Priming Started: Date and Time Printing Ended: Offiine Transmission Time: Number of Requests in Group: Number of Lines Charged: 04/24/01 04/24/01 1 122 09:16:26 am (Central) 09:16:26 am (Central) 00:00:00 *END*END*END*END*END*END*END*END* END*END*END* END*END*END*END*END*END*END* END*END*END* Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEAC[ AGENDA ITEM QUEST FOI Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 XI-LEGAL ITEM B.2 Date Final Form Must be Tumed in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstances, and requiring increased backflow protection in areas served by wastewater reuse systems. EXPLANATION: The Florida Dept. of Environmental Protection is requiring all potable water providers in areas served by the South Central Regional Wastewater Treatment Plant's reuse water system to update their respective cross-connection control ordinances so as to provide increased protection through the use of more effective backflow preventers. The ordinance change also substitutes the use of double check valve assemblies in place of pressure vacuum breakers in order to provide a higher level of protection. PROGRAM IMPACT: The ordinance revision will not have an appreciable impact on the existing Cross-Connection Control program. FISCAL IMPACT: None ~"~~ALTERNATIV~S:I~.~-N°ne' Mostj..~ L~,~ .°fthe revisio:s are being req,ired by the~.,,_~ of Environmental Protection. Dep~ent Nme Ci~ ARomey / F~ce / Hm~ Reso~ces XC: Peter Mazzella (w/attachments) City Attorney " Robert Hagel, S. Central Regional" File " S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE O-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WHEN CODE OF ORDINANCES CITY OF l WITH REQUIREMENTS PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it tppropriate yo amend Chapter 26, Article V Section 26-207 (c) to comply with requirements of the State Department of Environmental Pr0tection relative to backflow prevention in areas served by reuse water from the South Central Regional Wastewater Treatment Plant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby · atified and confirmed by the City Commission. Section 2. That Chapter 26, Section 26-207(c) is hereby amended by adding the words and figures in underlined type andby deleting the words and figures in struck-through type, as follows: 26-207(c)(7) An approved backflow prevention device... Type of Facility Minimum Type of Protection Irrigation systems R.P,. or ~ D.C.V.A. Sewage pumping stations (8) For all premises (including residential) in areas serviced by irrigation water from a wastewater reuse system, the public water system shall be protected by an approved double check valve assembly at the service connection.. I Section 3. That each and every other provision of Chapter 26 not hereinbefore specifically amended shall remain in full force and effect as previously enacted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Authority is hereby given to codify this ordinance. This Ordinance shall become effective immediately upon passage. Section 6. Section 7. FIRST READING this day of ,2001. SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk s:ca\ord\Chpt 26 - Section 26-207 amd061101 Commissioner Commissioner 2 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17. 2001 [] May 1. 2001 XI-LEGAL ZTEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw Clerk's Office March:7, 2001 (5:00 p.m,) March 21. 2001 (5:00 p.m.) April 4. 2001 (5:00 p.m.) April 18.2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] May 5, 2001 May 2, 2001 (5:00 p.m.) [] June 5. 2001 May 16, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [-]. Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends that the City Commission approve Ordinance No .... Communications Rights-Of-Way, pursuant to Florida State Statute Section 337.401 providing for registration for placing or maintaining conununications facilities in public rights-of-way. EXPLANATION: The purpose of the Communications Rights-of-Way Ordinance is to assist local government officials in implementing select provisions of the Communications Services Tax Simplification Law, Chapter 2000-260, Laws of Florida. Effective January 1, 2001, Section 337.401, Florida Statutes, is amended to state that the Legislature intends for municipalities and counties to treat "telecommunications companies" in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights-of-way must be generally applicable to all telecommunications companies and may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with municipality or county as a condition of placing or maintaining telecommunications facilities in its roads or rights-of-way. The law further states that a municipality or county may require a telecommunications company to register with the municipality or county. Effective October 1, 2001, Section 337.401, Florida Statutes, is further amended to apply the language above to providers of "communications services" instead of "telecommunications companies." This statutory language is in Section 51, Chapter 2000-260, Laws of Florida. Providers of "communications services' is a broader category than "telecommunications companies," and is def'med to include local telephone, cable, long distance, wireless, etc. The Communications Rights-of-Way Ordinance is designed to impose rules to regulate the placement and maintenance of communications facilities in rights-of-way by providers of communications services. It includes, among other provisions, provisions providing for registration by communications services providers, provisions governing placement or maintenance of communications facility in rights-of-way and insurance and indemnification requirements. Effective October 1, 2001, the new tax structure under the Communications Services Tax Simplification Law takes effect, and the ability to impose franchise or other fees is removed and a general ordinance regulating the placement or maintenance of facilities by the broader providers of communications services, which includes telecommunications companies, is considered necessary. The regulation of cable service providers in not included in the' Communications Rights-of-Way Ordinance. While the definition of "communication services" is broad enough to include cable service, the Ordinance excluded S:\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM "cable service" and notes that cable service providers may be subject to other municipal or county ordinances. Cable service providers are not regulated under the Ordinance in light of Section 337.401 (3)(g) in Section 5 260, Laws of Florida. Subpart (3) (g) provides that. Each municlpahty and county retains authority to terms and conditions related to franchise fees and the definition of gross revenues or other definitions or methodologies related to the payment or assessment of franchise fees On providers of cable Services." PROGRAM IMPACT: Florida State Statute requires the City to implement the Communications Rights-Of-Way Ordinance and procedure. FISCAL IMPACT: Communications Rights-Of-Way registration application fee of $25.00 and applicable permit fees (see attached fee schedule). ALTERNATIVES: None. Required by Florida State Statute /~/partment Head s Signature Department Name City Manager's Signature City Attor~ / Finance / Human Resources S:\BULLETIN~3RMS~,AGENDA ITEM REQUEST FORM.DOC Memorandum To: From: Date: Re: Janet Prainito, City Clerk Wilfred Hawkins, Assistant City Manager June 4,2001 Communications Rights-of-Way Ordinance Please find attached the City of Boynton Beach Communications Rights-of-Way Ordinance and cover memorandum from Kerry Ezrol, Assistant City Attorney. The Ordinance must be registered with the Florida Department of State Division of Elections at I~east 10 days prior to first reading. Please hold this document for first reading at the City Commission Meeting of June 19, 2001 and complete the posting with the Florida Department of State Division of Elections to comply with the 10-day prior notice posting. Let me know if you have any questions. Thank you for your assistance. cc: Kurt-Bressner, City Manager WH/cw Attachments IL iORANDUM TO: Wilfi:ed Hawkins, Director of Administrative Services FROM: Kerry L. Ezrol, Assistant City Attomey ~,,ff~ CC: DATE: RE: James A. Cherof, City Attorney (w/o encl.) June 1, 2001 City of Boynton Beach / Communications Rights-of-Way Ordinance Enclosed, for placement on the next Commission Agenda for first reading, please find the Telecommunications Rights-of-Way Management Ordinance. The enclosed Ordinance is based upon the model developed by the Florida League of Cities and the Industry. However, certain changes have been made. I suggest that you also include as part of the back-up for the agenda item, the Model Communications Rights-of-Way Ordinance as prepared by the Florida League of Cities which was forwarded to you with my February 19, 2001 memorandum. The Model includes an explanation and background for the Ordinance. Pursuant to Section 337.401, F.S., thd Ordinance must be registered with the Florida Department of State Division of Elections at least 10 days prior to first reading by logging in to its website at election.dos.state.fi.us. Once at the 'site, left click on Telecommunication Ordinance and follow the instructions. The contact at the Division of Elections is Misty Pearson and she can be reached at (850) 488-8427 if you have any questions pertaining to the registration of the Ordinance. Should you have any questions, please contact me. KLE/djd Enclosures H:\1990\900182.BBWIEMO~tAWKINS26 ( telecom row ordinance) .doc Posted Ordinances Page 1 of 1 Contact: Bureau of Administrative Code and Weekly (850)488-8427 Search Create Postings Posting Register Jurisdiction - County: J First Reading Date- Public Hearing Date- Posted Ordinances Filter Selections ~ Municipality:] Begin Month: pune M Year: 1200~ M End Month: I' M Year: I M Begin Month: IOune M Year: i2om M End Month: i ~ Year: I ~ This table may be further sorted by selecting one of the column headers below. Posting Ordinance No No Jurisdiction (County/Municipality) 111 2001-17 Ordinance 17, 115 2001 116 Lake / Tavares Palm Beach / Palm Beach Gardens Palm Beach / Boynton Beach First Public Reading Hearing Date Date 06/06/2001 06/20/2001 06/07/2001 07/05/2001 06/19/2001 07/03/2001 .../NoticeListing.asp?FIRSTREADINGDATEYS=2001 &FIRSTREADINGDATEMS=6&HE06/04/2001 APPLICATION T{ CITY OF BOYNTON BEACH ENGINEERING DEPARTMENT Name of Permittee: Business Address: Application Date: Fee: Permit No: Name of Contractor: Business Address: Contact Person/Representative: Phone Number: Fax Number: Type of Construction: Project Name/Location for which permit is desired: IF THIS PROJECT HAS BEEN ASSIGNED A PLAN REVIEW (PR) NUMBER BY THE BUILDING DIVISION, PLEASE INDICATE: By signing this application I agree to abide by all ordinances, resolutions, roles and regulations of the City of Boynton Beach, and agree that the work shall be done in a workmanlike manner, properly safeguarded. I do further agree to indemnify and save the City of Boynton Beach harmless fi:om any and all loss, injury and damage by reason of or growing out of this work; and I shall restore to their present condition any streets, alleys, easements or other property of the City of Boynton Beach or any of its inhabitants which may be affected. In default thereof, the City of Boynton Beach may restore said property to its present condition at my cost and expense: This permit shall expire six (6) months fi:om the date signed by the Director of Engineering, unless an extension has been applied for a minimum of thirty (30) days ~n advance of the expiration date. Signed: Date: Approved: Director of Engineering Telephone No.: Date: J:\SHRDATA\En~ineering\R-O-W PERMIT APPLICATION, CONDITIONS & REQUIREMENTS.doc Revised July 2000 CITY OF BOYNTON BEACH ENGINEERING DEPARTMENT CONSTRUCTION IN RIGHT-OF-WAY PERMITS II. PERMIT APPLICATION REQUIREMENTS The following submissions are: required prior to permit review for construction in public right-of-way or controlled easements: A completed permit application. Type of item requested. (check category from below) 1. [] 2. [] 3. [] Other [] 1. RIGHT-OF-WAY CONSTRUCTION (Utilities) - 1 application, 4 copies of plans sealed by an engineer, $25 application fee (5 copies of plan ifa bridge attachment is proposed), site location plan on cover sheet required. 2. RIGHT-OF-WAY CONSTRUCTION (includes everything except utilities and landscaping) - 1 application, 4 copies of plans sealed by an engineer, site'Iocation plan on cover sheet required. 3. LANDSCAPING/IRRIGATION IN RIGHT-OF-WAY - 1 application, 6 copies of plans signed and sealed by a landscape architect, site location plan on cover sheet required: You may not apply for more than one category on each application. Submit only the applicable sheets for each request. Maximum plan size is 24" x 36", folded in eighths. Plan sizes 8 ½" x 1 i" and 8 ½" x 14" do not have to be folded. Submittals with more than 10 - 24" x 36" size sheets in each set do not require folding. Payment of basic permit fee - see Exhibit "A" attached. Exception: A franchaisee paying the City an annual gross receipts tax based on local service revenues who are exempt pursuant to their Franchaise Agreement. Make checks payable to: City of Boynton Beach Description/drawing of proposed construction & traffic control plan. Restoration plan of restoring property to original state. CONDITIONS OF REVIEW AND APPROVAL A. Review: 1. Primary review will be conducted in the Engineering Department. 2. Secondary reviews will be conducted by Parks and Utilities Departments (based on documents submitted by applicant). B. Approval: 1. Permits are valid for the period noted on the permit. Work must commence 48 hours prior to expiration date, or permit is null and void. 2. Pavement work is guaranteed by applicant for one year subsequent to final acceptance. No additional permits will be issued to an applicant who fails to promptly remedy failures and/or defects. 3. The area impacted by construction in the right-of-way must be restored to its original condition prior to final acceptance or expiration of permit, which ever occurs first. J: \SHRDATA\Engineering\R-O-W PERMIT APPLICATION, CONDITIONS & REQUIREMENTS.doc Revised July 2000 EXI-HBIT "A" · ENGINEERING DEPARTMENT FEE SCI4'F, DULE FOR LAND DEVELOPMENT ~LATED ACTIVITIES TYPE OF ACTIVITY A. B. FEE AbandonmentS (easements or rights-of-way): ............................ : ..... See P&Z Fee Schedule Annexations (legal description review and continuity evaluation only): 1. Less than 5 acres: See P&Z Fee Schedule 2. 5 acres and larger: .................................................................. See P&Z Fee Schedule Platting (Record Plat Review): ............................................................................. .. .... $3,000. FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION TYPE OF ACTIVITY FEE Installation of gravity sanitary and storm sewer including appurtenant manholes and/or catch basins: a. First 100 lineal feet or less: ................. , .......................................................... $ 70. b. Next 400 lineal feet or fraction thereof: ......................................................... $ 40. c. Each additional 500 lineal feet or fraction thereof: ....................................... $ 30. o Installation of all other underground facilities including, but not limited by the following: sanitary force, water, gas, liquid or semi-liquid pipe lines; electric telephone and/or telecommunication conduits or direct burial, including appurtenant manholes and/or junction boxes: a. First 200 lineal'feet or less: ............................................................................ $ b. Next 300 lineal feet or fraction thereofi ......................................................... $ c. Each additional 500 lineal feet or fraction thereofi ....................................... $ 48. 24. 18. Construction or installation of individual catch basins, manholes or junction boxes not erected in connection with an installation governed by #1 or #2 above (each): ................................................... $ 60. All underground crossings of paved roads of widths up to 25 feet of pavement (open cut): Cost per cut: a. For pipe sizes 18" or less in diameter: ........................................................... $ 120. b. For pipe sizes over 18" and up to and including 48" in diameter: ................. $ 180. c. For pipe sizes in excess of 48" in diameter: .................................................. $ 240. Page I of 2 pages FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION TYPE OF ACTIV~ o 10. FEE 11. 12. All underground crossings of paved roads over 25 feet in paving widths (open cuts): Cost per cut: a. For pxp razes of 18 or less m diameter: ....................................................... $ 240. b. ' For pi~e sizes over 18" and up to and including 48" in diameter: ................. $ 360. c. For pipe sizes in excess of 48" in diameter: .................................................. $ 480. ac ack and bore Crossing of paved public roadways including median: Cost per foot: less in diameter: ....................................................... $ 3. and up to and including 8 in diameter: ................. $ 5. razes an excess of 48" in diameter: .................................................. $ 7. for overhead facilities: : ............................................................................ 5; 100. $ 60. feet or fraction thereof: ....................................... $ 40. Turnouts: b. C. or industrial turnout connection: ............................................... $ 400. turnout: ........................................................................................ $ 125. used in,conjunction with turnout (per foot): ................... $ 3. Street Connections: a~ connection for tying into existing and/or new City (each): ............................................................................ 5; 400. b. Where culverts are used in conjunction with street/roadway connections (per lineal foot): ........................................................................ 5; 3. Construction of elevated or submerged facilities crossing City owned canals or waterways: ................................................................ 5; 60. Landscaping within or upon City maintained rights-of-way: .................................... $ 350. + 3% of Cost Ail constraction within or upon City maintained fights-of-way (and easements) including but not limited to turn lanes, new, and expansion of existing roads, and landscaping and irrigation systems within medians: ............................... 3% of Cost Page 2 of 2 pages 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39- ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING THE USE WAY FOR COMMUNICATIONS CHAPTER 25 ~ '- PLACING OR OF Bt OR IN REt G S; WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), is amended to state that because federal and state law require the nondiscriminatory treatment of providers of telecommunications services and because of the desire to promote competition among providers of telecommunications services, it is the intent of the Legislature that municipalities and counties treat telecommunications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to telecommunications companies placing or maintaining telecommunications facilities in C:\WINDOWSXTEMP~BB FLC - Mdl Comnmcams Rghts-of-Wy Ord 060101cln.doe - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 its roads or rights-of-way must be generally apphcable to all telecommunications companies and, notwithstanding any other law, may not require a telecommunications company to applY for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining telecommunications facilities in its roads or rights-of-way; and WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), is further amended to state that because of the unique circumstances applicable to providers of communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way. Rules or regulations imposed by a mumcipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all providers of communications services and, notwithstanding any other law, may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights-of-way; and WHEREAS, it is the intent of the CITY to exercise the CITY's authority over communications services providers' placement and maintenance of facilities in the Public C:\WINDOWS\TEMPXBB FLC - Mdt Comrrmcatns Rghts-of-Wy Ord 060101cln.doc -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Rights-of-Way so as to not interfere with existing CITY utilities and/or systems currently serving its residents; and WHEREAS, it is the CITY's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the Public Rights-of-Way subject to the jurisdiction and control of the CITY: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a umque and physically limited resource and proper management by the CITY is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' placement and maintenance in the Public Rights-of-Way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the CITY to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the CITY that this Ordinance shall not apply to cable service providers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 - The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. Section 2- Repealer Chapter 25.1 (Ordinance O 00-32) of the Code of Ordinances is repealed. 1 2 3 4 5 6 7 8 9 10 ll 12 13 I4 15 16 17 18 19 20 21 22 23 24 Section 3 - Title This Ordinance shall be known and may be cited as the City of Boynton Beach Commtmications Rights-of-Way Ordinance. Section 4 - Intent and Purpose It is the intent of the CITY to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights-of-Way within CITY; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, CITY's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Providers; and minimizing disruption to the Public Rights-of- Way. Section 5 - Definitions For the purposes of this Ordinance, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. "And" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this Ordinance shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References C:\WINDOWS\TEMP~BB FLC - Mdl Comnmcatns Rghts-of-Wy Ord 060101cln.doc -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisiOns of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 1. "Abandonment" shall mean the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable within a conduit, where the conduit' continues to be used, . shall not be "Abandonment" of a Facility in Public Rights-of-Way. 2. "CITY" shall mean City of Boynton Beach, Florida. 3. "Communications Services" shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol uSed for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this Ordinance "cable service", as defined in Section 202.11 (2), Florida Statutes (2000), as it may be amended, is not included in the def'mition of "Communications Services" and cable service providers or providers of service via an open video system may be subject to other ordinances of the CITY. 4. "Communications Services Provider" shall mean any Person providing Communications Services through the placement or maintenance of a Communications Facility in PubliC Rights-of-Way. "Communications Services Provider" shall also include C:\WlNDOWS\TEMPkBB FLC - Mdl Comrrmcatns Rghts-of-Wy:_ !~rd 060101cln.doc_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any Person that places or maintains a Communications Facility in Public Rights-of-Way but does not provide Communications Services. 5. "Communications Facility" or "Facility" or "System" shall mean any permanent or temporary plant, equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights-of-Way of the CITY and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. 6. "FCC" shall mean the Federal Communications Commission. 7. "In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on, over, under or across the Public Rights-of-Way. 8. "Ordinance" shall mean this Ordinance. 9. "Person" shall include any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, all other groups or combinations, and shall include CITY to the extent the CITY acts as a communications services provider.. 10. "Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, grade, excavate, place, repair, extend, replace, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A party providing service only through resale or only through C :\WINDO WS\TEMPXBB FLC - Mdl Comnmcatns Rghts-of-Wy Ord 06010 l cln.doc -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 use of a third party's unbundled network elements is not "placing or maintaining" the Commtmications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the Public Rights-of-Way does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way. 11. "Public Rights-of-Way" shall mean a public right-of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road, waterway, tunnel, alley, or similar property for which the CITY is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the CITY holds a property interest therein. "Public Rights-of-Way" shall not include private property. "Public Rights-of-Way" shall not include any real or personal CITY property except as described above and shall not include CITY buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way. No reference herein, or in any permit, to Public Rights-of-Way shall be deemed to be a representation or guarantee by the CITY that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Registrant shall be deemed to gain only those rights to use as are properly in the CITY and as the CITY may have the undisputed right and power to give. 12. "Registrant" shall mean a Communications Services Provider or other person that has Registered with the CITY in accordance with the provisions of this Ordinance. 13. "Registration" or "Register" shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the CITY. C:\W1NDOWS\TEMPXBB FLC - Mdl Comrm~catns Rghts-of-Wy Ord 060101cln.doc "~ -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 Section 6 -- Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way 1. A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the CITY shall first Register with the CITY in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights-of-Way. A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the CITY as of the Effective Date of this Ordinance shall comply with this Ordinance within sixty (60) days from the Effective Date of this Ordinance, including, but not limited to, Registration, or be in violation hereof. 2. A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights-of-Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the CITY's or another Person's facilities. Registration does not excuse a Communications Services Provider f~om complying with all applicable CITY ordinances, codes or regulations or submitting right-of-way permit applications, including this Ordinance. 3. Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the CITY shall file a single Registration with the CITY which shall include the following information: (a) name of the applicant; C:\WINDOWS\TEMP~BB FLC - Mdl Commncams Rghts-of-Wy Ord 06010l¢ln.doc -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) name, addreSs and telephone number of the applicant's primary contact person in connection with the Registration and :the person to contact in case of an emergency; (c) for Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (d) evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance; (e) a copy of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any; (f) for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation; and (g) a Security Fund in accordance with this Ordinance. 4. The Utilities and Engineering Departments shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection 3 above, the Registration shall be effective and the CITY shall notify the applicant of the effectiveness of Registration in writing. If the CITY determines that the information has not been submitted in accordance with subsection 3 above, the CITY shall notify the applicant of the non-effectiveness of Registration, and reasons for the non- effectiveness, in writing. The CITY shall so reply to an applicant within thirty (30) days afl. er receipt of registration information from the applicant. 5. A Registrant may cancel a Registration upon written notice to the CITY stating that it will no longer place or maintain any Communications Facilities in Public RightS-of-Way within the CITY and will no longer need to obtain permits to perform work in Public Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights-of-Way. ' C:\WINDOWS\TEMPXBB FLC -Mdl Comnmcams Rghts.-of-Wy ~)rd. 060101cln.doc ' 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Registration shall not in itself establish any right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights- of-Way within the CITY, but shall establish for the Registrant a right to apply for a permit, if permitting is required by the CITY. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional CITY's ordinances, as well as any State or Federal laws that may be enacted. 7. A Registrant shall renew its Registration with the CITY by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection 3, except, as of October 1, 2001, subsection 3 (c), a Registrant shall provide updated information to the CITY. If no information in the then-eXisting Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the CITY restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. 8. In accordance with applicable CITY ordinances, codes or regulations and this Ordinance, a permit shall be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition precedent to obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. Individual rights-of-way permits shall be obtained from the Department of Engineering on appropriate form currently in use. 9. A Registrant that places or maintains Communications Facilities in the Public Rights-of-Way shall be required to pay compensation to the CITY as required by applicable law and ordinances of the CITY. C :\W1NDO WS\TEMP~BB FLC -Mdl Commncatns Rghts-0f-Wy Ord 060101 ¢ln.doc -10- 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 7 - Transfer, Sale or Assiunment of AssetS in Public Rights-of-Way If a Registrant transfers, sells or assigns its assetS located in Public Rights-of-Way incident to a transfer, sale or assignment of the Registrant s assets, the transfer e, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the CITY within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant,: then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 4 within sixty (60) days of the transfer, sale or assignment. If permit applications arc pending in the Registrant's name, the transferee, buyer or assignee shall notify the Engineering and Utilities Departments that the transferee, buyer or assignee is the new applicant. Any encumbrance on the Communications Facilities of the Registrant in the Public Rights- of-Way shall be subject and subordinate to the rights of the CITY under this Ordinance and applicable law. Section 8 - Placement or Maintenance of a Communications Facility in Public Rights -of-Way 1. Registrant shall at all times comply with and abide by all applicable provisions of State, Federal and local law and CITY ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way. 2. A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits, if any, have been issued by the CITY or other appropriate authority, except in the case of an emergency. The term C:\W1NDOWS\TEMP~BB FLC- Mdl Commncatns. Rghts-of-V:y~l'd _060101cln'd°c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the CITY of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency and shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the CITY may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit. The CITY may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. 3. As part of any permit application to place a new or replace an existing Facility in Public Rights-of-Way, the Registrant shall provide the Communications following: (a) An engineering plan signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in Section 471.003, Florida Statutes, identifying the location of the proposed Facility, including a description of the Facilities to be installed, where it is to be located, and the approximate size of Facilities and equipment that will be located in Public Rights-of-Way; (b) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); C:\WINDOWS\TEMPXBB FLC -Mdl Conmaicatns Rghts-of-Wy Ord 060101tin.doc -12- 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (c) A maintenance of traffic plan for any disruption of the Public Rights-of-Way; (d) Information on the ability of the Public Rights-of-Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other Persons with facilities in the Public Rights of Way); (e) If appropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way; (f) The timetable for construction of the project or each phase thereof, and the areas of the CITY which will be affected; and (g) Such additional information requested by the CITY that the CITY fmds reasonably necessary to review such permit application. 4. To the extent not otherwise prohibited by State or Federal law, the CITY shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-Of-Way. The CITY shall have the power to prohibit or limit the placement of new or additional Commumcations Facilities within the Public Rights-of Way if there is insufficient space to accommodate all of the requests to place and maintain Facilities in that area of the Public Rights-of-Way, for the protection of existing Facilities in the Public Rights-of-Way or to accommodate CITY plans for public improvements or projects that the CITY determines are in the public interest. 5. All Communications Facilities shall be placed and maintained so as not to interfere with the use of the Public Rights-of-Way by the public and with the rights and convenience of property owners who adjoin any of the Public Rights-of-Way. All Facilities shall be placed underground to the extent that similarly situated utilities (electric, communications, etc.) are so required. The CITY may require the use of trenchless C:\WlNDOWS\TEMPXBB FLC - Mdl Commncatns Rghts-of-Wy Ord 060101 cln.doc - 13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of Facilities in existing conduit. The Registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a. result of the placement or maintenance of its Facility within the Public Rights-of-Way. The CITY may promulgate reasonable rules and regulations concerning the placement or maintenance of a Communications Facility in Public Rights-of-Way consistent with this Ordinance and other applicable law. All Facilities shall be placed underground to the extent not inconsistent with the rules of the Public SerVice Commission. 6. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. 7. A Registrant shall, at its own expense, restore the Public Rights-of-Way to at least its original condition before such work after the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or each phase thereofi If the Registrant fails to make such restoration within thirty (30) days following the completion of such placement or maintenance, the CITY may perform such restoration as it deems necessary and charge all costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. The Registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for twelve (12) months following the original completion of the work. 8. Removal or relocation at the direction of the CITY of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000); as they may be amended. 9. A permit from the CITY constitutes authorization to undertake only certain activities on Public Rights-of-Way in accordance with this Ordinance, and does not create C :\W1NDOWS\TEMP~B B FLC - Mdl Commncatns Rghts-of-Wy Ord 060101 cln.doc - 14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights-of-Way; 10. A Registrant shall maintain its Communications Facility in Public Rights- of-Way in a manner consistent with accepted industry practice and applicable law. 11. In connection with excavation in the Public Rights:of-Way, a Registrant shall, where applicable, comply With the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. 12. Registrant shall place or maintain a Communications Facility in Public Rights-of-Way in compliance with all applicable standards as established by all local, State or Federal law and in conformance with the CITY ordinances, codes and regulations. Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas. 13. In the interest of the public's health, safety and welfare, upon request of the CITY, a Registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject Public Rights-of-Way. The CITY may require Registrant to alter its placement or maintenance schedule as CITY determines to be reasonably necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way. The CITY may provide a more definite time frame based on individual CITY construction or maintenance schedules. 14. A Registrant shall not place or maintain its Communications Facilities so as to interfere, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the CITY or any other 'Person's facilities lawfully occupying the Public Rights-of-Way of the CITY. 15. CITY makes no warranties or representations regarding the fitness, suitability, or availability of CITY's Public Rights-of-Way for the Registrant's Communications Facilities and any performance of work or costs incurred by Registrant or provision of services shall be at Registrant's sole risk. Nothing in this Ordinance shall C:\WINDOWS\TEMP\BB FLC - Mdl Commncams Rghts-of-Wy Ord 060101cln.doc -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 affect the CITY's authority to add, vacate or abandon Public Rights-of-Way and CITY makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities 16. The CITY shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary to ensure compliance with this Ordinance. In the event the CITY determines that a violation exists with respect to Registrant's placement or maintenance of FaCilities in the Public Rights-of- Way that is not considered to be an emergency or danger to the public health, safety or welfare, the CITY will provide Registrant at least three (3) days written notice setting forth the violation and requesting correction. 17. A permit apPlication to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed installation of Facilities in the ~Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format: or an electronic format specified by the CITY, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the CITY. The plans shall be in a digitized format showing the two-dimensional location of the Facilities based on the CITY's Geographical Database, or other format acceptable to the CITY. The CITY shall maintain the confidentiality of such plans and any other information provided in accordance with Section 202.195, Florida Statutes (2000), as it may be amended. 18. The CITY reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the CITY in Public Rights-of-Way occupied by the Registrant. Registrant shall, if Registrant so agrees, allow CITY facilities to be co-located within CITY's Public Rights-of-Way through the use of a joint trench during Registrant's construction project. Such joint trench C:\WlNDOWS\TEMP~3B FLC - Mdl Comnmcatns Rghts-of-Wy Ord 060101 cln.doc -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 projects shall be negotiated in good faith by separate agreement between Registrant and CITY and may be subjected to other CITY rights-of-way requirements. The CITY further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights-of-Way within the limits of the CITY and within said limits as same may from time to time be altered. 19. A Registrant shall, on the request of any Person holding a permit issued by the CITY, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If CITY requests a temporary raising or lowering of a Facility for a public purpose, CITY shall not be charged for the temporary raising or lowering of the Facility. Section 9 - Suspension of Permits 1. Subject to Section 10 below, the Director of Engineering, or his designee may suspend a permit for work in the Public Rights-of-Way for one or more of the following reasons: a. Failure to satisfy permit conditions, including conditions set forth in this Ordinance or other applicable CITY ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any Public Rights-of-Way; b. misrepresentation permit application to the CITY; by the CITY; or fraud by Registrant in a Registration or Co failure to properly renew or ineffectiveness of Registration; C:\WINDOWS\TEMPkBB FLC -Mdl Comrmlcatns Rghts-of-Wy Ord 060101cln.do¢ - 17- failure to relocate or remove Facilities as may be lawfully required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 days. failure to commence work within 180 days of securing permit; or abandonment of project or suspension of work for more than 180 2. After the suspension of a permit pursuant to this section, the Director of Engineering or his designee shall provide written notice of the reason for the suspension to the Registrant. Section 10 - Appeals 1. Final, written decisions of theDirector of Engineering, or his designee, suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject m appeal, as set forth in Chapter 1, Article VII, ofthe CITY's Land Development Regulations, as amended. 2. Nothing in this Ordinance shall effect the remedies the CITY has available under applicable law. Section 11 - Conditional Use of Public Rights-of-Way 1. In the event Registrant desires to use its existing Facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers, by providing any other services other than thc provision of Communications Service,. or for providing any other use to existing or potential consumers, a Registrant shall seek such additional and separate authorization from CITY for such activities as may be required by applicable law. 2. To the extent that a Registrant leases or otherwise uses the facilities of a Person that is duly registered or otherwise authorized to place or maintain facilities in the Public Rights-of-Way of the CITY, Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of thc CITY's rights, including requiring the removal of such facilities from the Public Rights-of-Way of the CITY, regardless of the effect on Rcgistrant's ability to place or maintain its own Communications Facilities in Public Rights-of-Way of the CITY. C :\WINDOWSx~TEMP~B B FLC - Mdt Commncatns Rghts-of-Wy Ord 060101 cln.doc -18- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 12 - Involuntary Termination of Registration 1. The CITY may terminate a Registration if: (a) a Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (b) the Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or (c) the Registrant ceases to use all of its Communications Facilities in Public Rights-of-Way and has not complied with Section 19 of this Ordinance. 2. Prior to termination, the Registrant shall be notified by theDirector of Engineering, or his designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the CITY with respect thereto. The Registrant shall have thirty (30) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Director of Engineering, or his designee, to accomplish the same. If the plan is rejected, the Director of Engineering, or his designee, shall provide written notice of such rejection to the Registrant and shall make a recommendation to the CITY Commission regarding a final decision as to termination of Registration. A decision by the CITY to terminate a Registration may only be accomplished by an action of the CITY Commission. A Registrant shall be notified by written notice of any decision by the CITY Commission to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision. 3. In the event of termination, the'former Registrant shall: (a) notify the CITY of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Commtmications Facilities in Public Rights-of-Way; or (b) provide the CITY with an acceptable plan for disposition of its Communications Facilities in Public Rights- C:\WINDOWS\TEMP~B FLC -Mdl Commncams Rghts-of-Wy Ord 060101 cln.doc -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of-Way. If a RegiStrant fails to comply with this subsection 3., the CITY may exercise any remedies or rights it has at law or in equity, including but not limiting to taking possession of the Facilities, requiring the Registrant's bonding company within 90 days of the termination to remove some or all of the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal, or requiring that some or all of the Facilities be removed and the Public Rights-of-Way restored to its original condition before the removal at the Registrant's expense. 4. In any event, a terminated Registrant shall take such steps as are necessary to render every portion of the Communications Facilities remaining in the Public Rights- of-Way of the CITY safe. 5. In the event of termination of a Registration, this provision does not permit the CITY to cause the removal of any Communications Facilities that are used to provide another service for which the Registrant holds a valid certification or license with the governing Federal or State agency, where required, and is properly registered with the CITY for such certificated or licensed service, where required. Section 13 - Existing Communications Facilities in Public Rights-of-Way A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the CITY has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in violation thereof. Section 14 - Insurance 1. A Registrant shall not commence construction, operation or maintenance of the Facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the CITY, nor shall a Registrant allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required C :\WINDOWS\TEMP~B B FLC - Mdl Comrrmcams Rghts-of-Wy Ord 060101 cln.doe - 20 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 insurance must be obtained and maintained for the entire period the Registrant has Facilities in the Public Rights-of-Way, and for a period thereafter as specified in the minimum coverages described below. If the Registrant, its contractors or subcontractors do not have the required insurance, the CITY may order such entities to stop operations until the insurance is obtained and approved. 2. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the Public Rights-of-Way as of the Effective Date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage. 3. These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least forty-five (45) calendar days prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be no less than "A-VI" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. A Registrant may self-insure. Self insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old and signed by the Registrant's Chief Financial Officer or designee. Information contained therein is subject to review and approval by CITY's Risk Management Division. 5. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the Registrant shall furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance of equal and like coverage. 6. A Registrant and its contractors or subcontractors engaged in work on the C :\WINDOWS\TEMPXBB FLC -Mdl Comnmcatns Rghts--of-Wy Ord 060101 cl~.doc -21 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operator's behalf in, on, under or over Public Rights-of-Way, shall maintain the following minimum insurance: 1. COMPREHENSIVE GENERAL LIABILITY insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: a. Bodily Injury i. Each Occurrence ii. Annual Aggregate b. Property Damage i. Each Occurrenee ii. Annual Aggreg ~te c. Personal Injury Annual Aggregate d. Completed Operations (2) years after the abandonment of Registran0 or completion of the wo subcontractor). e. Property Damage Li following hazards: X - explosion, C - 2. WORg maintained to comply with statutory sublet, each Registrant shall require Compensation Insurance for all the 1~ by the protection afforded by each ] subcontractors shall maintain Employ -maintained: a. Workers' Compensatio C:\WINDOWS\TEMP\BB FLC - Mdl Coi,mutcatns Rgb $1,000,000 3,000,000 $1,000,000 3,000,000 $3,000,000 and Products Liability shall be maintained for two the Facility by the Registrant (in the case of the 'k for the Registrant (in the case of a contractor or bility Insurance shall include Coverage for the ~ollapse, U - underground. ~RS' COMPENSATION insurance shall be imits for all employees, and in the case any work is the Subcontractors similarly to provide Workers' ~tter's employees unless such employees are covered [egistrant. Each Registrant and its contractors and xs Liability Insurance. The following limits must be Statutory ~-of-Wy Ord 060101cln.doc - 22 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 b. Employer's Liability $ 500;000 per occurrence 3. COMPREHENSIVE AUTO LIABILITY a. Bodily Injury i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 b. Property Damage i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 Coverage shall include owned, hired and nOn-owned vehicles. 7. Each communications facility operator shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its communications facility and name the CITY as an additional insured. 8. This Section shall not be construed to affect in any way the CITY's fights, privileges and immunities as set forth in Section 768.28, Florida Statutes. Insurance under this Section shall mn continuously with the presence of the Registrant's FaCilities in the Public Rights-of-Way and any termination or lapse of such insurance shall be a violation of this Section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the CITY may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the CITY's Public Rights-of-Way by way of individual license agreements Section 15 - Indemnification 1. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the CITY, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the CITY arising out of the placement or C:\WINDOWS\TEMPkBB FLC - Mdl Conmmcatns Rghts-of-Wy Ord 060101cln.doc - 23 - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maintenance of its Communications System or Facilities in Public Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the gross negligence or wanton or willful acts of the CITY, This provision includes, but is not limited to, the CITY's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. CITY agrees to notify the Registrant, in writing, within a reasonable time of CITY receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the CITY from participating in the defense of any litigation by its own counsel and at its own cost if in the CITY's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; (b) as consent by the CITY to be sued; or (c) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. 2. The indemnification requirements shall survive and be in effect after the termination or cancellation of a Registration. Section 16 - Construction Bond 1. Prior' to issuing a permit where the work under the permit will require restoration of Public Rights-of-Way, CITY may require a construction bond to secure the restoration of the Public Rights-of-Way. Notwithstanding the foregoing, a construction bond hereunder shall only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 17. 2. In the event a Registrant subject .to such a constructiOn bond fails to C:\WINDOWS\TEMP~BB FLC - Mdl Commncatns Rghts-of-Wy Ord 060101cln.doc - 24 - 6 7 8 9 10 11 12 13 14 15 16 17 ] 18 19 20 21 22 23 24 25 26 complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the CITY as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. 3. No less than twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the Registrant may request the Director of Engineering to remove the requirement to continue the construction bond. Notwithstanding, the CITY may require a new bond for any subsequent work performed in the Public Rights-of-Way. 4. The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the CITY Attorney; and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the CITY, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." 5. The rights reserved by the CITY with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the CITY may have under this Section, or at law or equity, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the CITY may have. Section 17 - Security Fund At or prior to the time a Registrant receives its first permit to place or maintain a Communications Facility in Public Rights-of-Way after the effective date of this C \W1NDOWS\TEMP\BB FLC -Mdl Conma~catns Rghts-of-Wy Ord 06010loin.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Ordinance, the Registrant may be required to file with the CITY, for CITY approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25,000) having as a surety a company qualified to do business in the State of Florida, and acceptable to the CITY, which shall be referred to as the "Security Fund." The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance. The bond or guarantee shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to the provisions of Section 17 of this Ordinance, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the CITY as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. The CITY may at its reasonable discretion accept a corporate guarantee of the Registrant or its parent company, if the Registrant is a publicly traded company and maintains an insurance rating of no less than A. Section 18 - Enforcement Remedies 1. A Registrant's failure tO comply with provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in Chapter 162, Florida Statutes (2000), Section 166.0415, Florida Statutes (2000) and Section 2-72, et.seq, of the City Code of Ordinances, as they may be amended. In addition, violation of this Ordinance C:\W1NDOWS\TEMPXBB FLC -Mdl Comnmcatns Rghts-of-Wy Ord 060101cln.doc - 26 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 may be punishable by a fine not .to exceed $500.00 or by imprisonment not to exceed 60 days or by both as provided. 2. In addition to any other remedies available at law, including but not limited to SectiOn:166.0415, Florida Statutes; and Chapter 162, Florida Statutes, or equity or as provided in this Ordinance, the CITY may apply any one or combination of the following remedies in the event a Registrant violates this Ordinance, or applicable local law or order related to the Public Rights-of-Way: (a) Failure to comply with the provisions of the Ordinance or other law applicable to occupants of the Public Rights-of-Way, may result in imposition of penalties to be paid by the Registrant to the CITY in an amount of not less than One Hundred Dollars ($I 00.00) per day or part thereof that the violation continues. (b) In addition to or instead of any other remedy, the CITY may seek legal or equitable relief from any court of competent jurisdiction. 3. Before imposing a fine pursuant to subsection 2(a) of this Section, the CITY shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to either: (a) cure the violation to the CITY's satisfaction and the CITY shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the CITY to contest the alleged violation. Section 10 of this Ordinance shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30) day period, the CITY may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. 5. In determining which remedy or remedies are appropriate, the CITY shall take into consideration the nature of the violation, the person or persons beating the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the CITY determines are appropriate to the public interest. 6. Failure of the CITY to enforce any requirements of this Ordinance shall not C :\W INDOWS\TEMPXB B FLC - Mdl Commncatns Rghts-of-Wy Ord 060101 cln.doc - 27 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 constitute a waiver of the CITY's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. 7. In any proceeding before the CITY where there exists an issue with respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this Ordinance. The CITY may find a Registrant that does not demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one or combination of the remedies otherwise authorized by this Ordinance. 8. The CITY Manager or designee shall be responsible for administration and enforcement of this Ordinance, and is authorized to give any notice required by law. Section 19 - Abandonment of a Communications Facility 1. Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights-of-Way, the Registrant shall notify the CITY within ninety (90) days. 2. The CITY may direct the Registrant to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the CITY determines that the Abandoned Facility's presence interferes with the public health, safety Or welfare, which shall include, but is not limited to: (a) compromises safety at any time for any Public Rights-of-Way user or during construction or maintenance in Public Rights-of-Way; (b) prevents another Person from locating facilities in the area of Public Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (c) creates a maintenance condition that is disruptive to the Public Rights-of- Way's use. In the event of (b), the CITY may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. C:\WINDOWSXTEMPX, BB FLC -Mdl Commncatns Rghts-of-Wy Ord 060 t 01 cln.doc - 28 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 3. In the event that the CITY does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the CITY, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the CITY, another utility or Person at such third party's cost. 4. If the Registrant fails to :remove all or any portion of an Abandoned Facility as directed by the CITY within a reasonable time period as may be required by the CITY under the circumstances, the CITY may perform such removal and charge the cost of the removal against the Registrant. Section 20 - Force Ma,ieure In the event a Registrant's performance of or compliance with any of the provisions of this Ordinance is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not within a Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. C:\WINDOWS\TEMPXBB FLC -Mdl Comrrmcatns Rghts-of-Wy Ord 060101 cln.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 21 - Reports and Records. 1. Each Registrant shall, upon thirty (30) calendar days written notice, if reasonably possible, but in no event less than five (5) business days written notice, provide the CITY access to all books and records related to the construction, maintenance, or repair of the Facility to the extent the City review of the books and records is necessary to manage its rights-of-way. 2. Any and all non-proprietary or non-confidential books and records may be copied by the CITY. To the maximum extent permitted by Section 202.195, Florida Statutes, as amended, such books and records shall be kept confidential and exempt from the provisions of Section 119.07(1), Florida Statutes. A Registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the Facility, so that it can produce the documents upon request. Books and records must be maintained for a period of five (5) years, except that any record that is a public record must be maintained for the period required by state 1aw. 3. For purposes of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the CITY at City Hall, except by agreement. 4. If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a Registrant may request that the inspection take place at some other location mutually agreed to by the CITY and the Registrant, provided that the Registrant must make necessary arrangements for copying documents selected by the CITY after its review; and the Registrant must pay all travel and additional copying C:\WINDOWS\TEMPX~BB FLC - Mdt Comaxmcatns Rghts--of-Wy Ord 060101cln.doc -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 expenses incurred by the CITY in inspecting those documentS or having those documents inspected by its designee. 5. Without limiting the foregoing, a Registrant shall provide the CITY the following within ten (10) calendar days of their receipt or (in the case of documents created by the Registrant or its affiliate) filing: 1) notices of deficiency or forfeiture related to the operation of the Facility; and 2) copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any parmership or corporation that owns or controls the operator directly or indirectly. 6. In addition, the CITY may, at its option, and upon reasonable notice to the Registrant, inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents. Section 22 - Reservation of Rights and Remedies 1. The CITY reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. 2. This Ordinance shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities in the Public Rights-of-Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. 3. The adoption of this Ordinance is not intended to waive any rights or defenses the CITY may have under any existing franchise, license or other agreements with a Communications Services Provider. 4. Nothing in this Ordinance shall affect the remedies the CITY has available under applicable law. C:\WlNDOWS\TEMP~BB FLC -Mdl Comrtmcatns Rghts-of-Wy Ord 060101cln.doc -31 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 23 - Inclusion in Code It is the intention of the CITY Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 24 - Conflicting Ordinances All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 25 - Severabili~. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 26 Effective Date This Ordinance shall be effective immediately upon passage and adoption. FIRST READING this day of SECOND, FINAL READING ,2001. ,2001. and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor C :\WINDOWS\TEMPXBB FLC - Mdl Comnmcatns Rghts-of-Wy Ord 060101 cln.doc - 32 - 1 2 3 4 5 6 7 8 9 ATTEST: CITY CLERK (CORPORATE SEAL) Mayor Pro Tem Commissioner Commissioner C:\WINDOWS\TEMPkBB FLC - Mdl CommnCams Rghts-of-Wy Ord 060101cln.doc -33 - Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 200t [] April 17, 2001 [] Mayl, 2001 XI. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI , Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 LEGAL B. 4 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 19, 2001 City Commission Agenda under Legal, Ordinances- First Reading. Staff recommends that this ordinance be approved, which will initiate a "parking in lieu of" program for the downtown, beginning with an incentive period to encourage investment and redevelopment/reuse of downtown properties. EXPLANATION: Pursuant to the provisions in Chapter 2. Zoning, Section 6.E.7(g), and consistent with recommendations from both the Downtown Shared Parking Study and Federal Highway Corridor Community Redevelopment Plan, staffhas drafted the attached ordinance. The above-referenced provisions within the city's regulations were adopted in preparation for the ultimate incorporation of this fee option and related provisions. With the completion of the Shared Parking Study and Corridor Plan, and in response to the need for economic development tools to encourage investment and redevelopment within the downtown, it is time to incorporate the proposed amendments into the city's regulations. The proposed changes are timely with respect to the implementation of the Shared parking Study and Federal Highway Corridor Community Redevelopment Plan; however, staff has drafted the regulations to also apply to the Ocean Avenue corridor. Although such regulations typically follow, and are supported by, applicable recommendations, they are being proposed in advance of the Ocean District Study to address current redevelopment needs and oppommities. Aspects of, and incentives within, the proposed fee-in-lieu-of regulations are summarized as follows: 1) The amendments include a gradually increasing fee per parking space beginning with a no-fee incentive period of approximately six (6) months, and a fee that would peak at $7,000 per space in approximately seven (7) years; 2) Changes m use of an existing property are not subject to parking space or lot requirements; 3) Building square footage to be excluded from the calculation of parking needs includes, in part, space not accessible by the general public .to prevent further burden presented by portions of buildings that cannot be upgraded to conform to Building/ADA codes due to being cost prohibitive; 4) Minor project expansions are exempt from parking space and lot requirements, or depending upon the magnitude of increase (less than 5%), only the new building area is subject to parking space regulations in order to allow minor retrofitting of older structures to accommodate minimal needs. SABULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staffrecommends that this ordinance be adopted to provide incentives to redevelopment and alternatives to complying with city regulations. Staff acknowledges the magnitude of change ~ Staff also acknowledges that the changes and that the indirect and long-term benefits out weigh the assOCiated costs, ~d in the City.of Delray Beach which now has a Also · city, staff anticipates that these needs and characteristic, and costs and needs with It should be noted, that at its workshop on Saturday June 9, 2001, the Board of the Community Redevelopment Agency reviewed the proposed Fee in Lieu Parking Ordinance2 pursuant to this revieW it was the'consensus of the board that the rate structure and its ~pplication needed to be formally diScuSsed at its meeting on Tuesday, June 12. Among the areas the board generally agreed needed further exploration was whether or not the fee in lieu principle should apply to all parking spaces or simply to a portion of the spaces a particular use was otherwise required to provide. In addition the board members were in general agreement that the r~te structure in the proposed ordinance needed to be revised. This revised fee structure would provide for $ 0 fee the first year, $3,000 the second year, $5,000 the third year, $7,000 the fourth year, and top out at $10,000 in the fifth year. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Director of Planning and Zoning City Manager's Signature City Attorney / Finance / Human Resources S:XPlanning\SHARED\WP\SPECPROJXRegulationsXParking - reductions'~Agenda Item Request Form 6- t 9-01.dot SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- XI-LEGAL ITEM B.4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2. "ZONING", SECTION 6. E.7.g. "PAYMENT IN LIEU OF PARKING" AND SECTION 11. I. "LOCATION OF OFF-STREET PARKING SPACES", TO AMEND THE "PAYMENT IN LIEU OF PARKING" PROGRAM FOR THE CENTRAL BUSINESS DISTRICT ZONING DISTRICT AND TO ALLOW A "PAYMENT IN LIEU OF PARKING" PROGRAM FOR OCEAN AVENUE EXTENDING WEST FROM THE CENTRAL BUSINESS DISTRICT TO SEACREST BOULEVARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations establish zoning districts z~ithin the City and among other things, regulations designed to lessen congestion in the streets and facilitate the adequate provision of parking spaces; and WHEREAS, Chapter 2. "Zoning", Section 6.E.7.g. provides for the establishment of a payment in lieu of parking option for developments within the Central Business District and the city now desires to establish a formula for determining a specific fee when a property owner cannot effectively, efficiently, or economically provide for all onsite parking requirements; and WHEREAS, the City Attorney has recommended adoption of a payment in lieu of ~arking payment schedule by Ordinance rather than by Resolution; and WHEREAS, it is anticipated that future development within downtown Boynton Beach will increase the demand upon an already limited supply of on-and off-street public parking resources which serves the downtown area; and WHEREAS, the City Commission heretofore authorized a Shared Parking Study for the downtown, which contained recommendations for the revision to applicable parking requirements including the establishment of a payment in lieu of parking option; and WHEREAS, compliance with the City of Boynton Beach parking space and lot regulations may not be feasible for Older properties and therefore discourage desirable development and redevelopment of underutilized properties in the downtown area; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 9F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now · atified and conftrmed by the Cit?- Commission. Section 2. Chapter 2. "Zoning" of the Land Development Regulations, subsection 6. E.7.g. (1) is hereby amended to read as follows: (1) When the community redevelopment agency finds that the property owner seeking an expansion cannot effectively, efficiently, or economically provide for *~,..v ~,~,.-.,~..,..~'~'~:*:^~ ,,..~'~ ~,.,,,~';*~ parking required for the expansion, the community redevelopment ~gency may recommend to the City Commissionaeoept a payment in lieu of parking. The payment shall be based on a in subsection 11. I. (4) of this Chapter. In approving or disapproving any payment in lieu of parking the City Cormnission'shall use the same criteria used by the Community Redevelopment agency as stated herein above. Section 3. Chapter 2. "Zoning" of the Land Development Regulations, subsection 11. H. 16. is hereby amended to read as follows: 16. Except as provided for in Subsection I. (4) below, there shall be provided, at the time of erection of any stmcture..~ Section 4. Chapter 2. "Zoning" of the Land Development Regulations, Section 11. I. is amended to create a new subsection (4) to read as follows: (4) The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. A. Within this area at the time of any building construction, expansion or modification that creates additional floor area, or except where otherwise allowed in subsection C. off-street parking spaces shall be provided as required by Chapter 2. "Zoning" Section 11. H. and Section 6. E; B._ The area measured for purposes of this subsection shall only include the floor area designed primarily for public use, and excluded floor area for bathrooms, service and food preparation staff, outdoor waiting areas, space limited to storage, and areas uninhabitable due~ to building code requirements or other limitations. C. Minor building expansions equal to or less than two parking spaces shall be excluded fi.om the requirements described in subsection A. above,, and for minor improvements that exceed the two-space limit but less than 5% of the total area of existing improvements, only the increase in building area shall be subject to the parking space requirements of subsection A. above and subsection E. below. D. Existing parking spaces shall not be eliminated if elimination wo,~:;5:::~fesult in fewer spaces being provided for the existing or new floor area than required pursuant to subsection A. above. E. The parking requirement set forth in this subsection may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provision of all, or a portion of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: ~, :, ;,[ space ~_- -i9 per space ~.~0 per space $3,000 per space $4,000 per space $5,000 per space $6,000 per space $7,000 per space Up to January 1, 2002 between January 2, 2002 and January 1, 2003 between January 2, 2003 and January 1, 2004 between January 2, 2004 and January 1, 2005 between January 2, 2005 and January 1, 2006 between January 2, 2006 and January 1, 2007 between January_ 2, 2007 and January 1, 2008 after January_ 2, 2008 The parking improvement fee shall be due and payable in full at the time that the first building permit is issued for the construction, expansion, or modification that Creates the need for parking space~.~r2rfor additional parking spaces, and in no event later than the time a certz~i~;~ate of occupancy or occupational license is issued for the building or use subject to this Section. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic area to which subsection (4) applies. Section 5. All ordinances and resolutions of the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this ~.:rdinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Section 8. Authority is hereby given to codify this Ordinance This Ordinance shall become effective immediately. FIRST READING this day of June, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner [TTEST: Commissioner City Clerk LAP:js/lmf [:\1990L000182.BB~RD~Fee in lieu.doc Requested City Commission Meeting. Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL FIRST READING CITY.OF BOYNTON BEACH ITEM B.5 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p:m.) April 4, 2001 (5:00. p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of amendment to Ordinance 96-46 providing for economic incentives in the Community Redevelopment Area (CRA). Approval by Ordinance is required. EXPLANATION: Staff has discussed possible amendments to Ordinance 96-46. The ordinance attached makes modifications to the previous ordinance in line with these discussions. Major change in ordinance is a new provision for fee deferral. PROGRAM IMPACT: Existing program FISCAL IMPACT: Wili depend on application of ordinance to specific proposals. The City Commission will review applications based on review of City Manager. ALTERNATIVES: Do not approve ordinance and stay with current provisions of Ord. 96-46. IX ~ty Manager's S~gnamre Department Head's Signature - ' ' - ' Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE 01- AN ORDINANCE OF THE CITY OF BOYNTON FLORIDA, FOR ECONOMIC DEVELOPMENT AND DEVELOPMENT INCENTIVES FOR THE REDEVELOPMENT DATE. WHEREAS, the City Commission by Ordinance to stimulate economic growth Within the :Community created economic incentives Area; and WHEREAS:, the City administration has incentive program to attract and sustain economic Area; and of the economic the Community Redevelopment WHEREAS, such economic growth because it provides jobs for the residents City, and provides income for residents of limits of the City thus supporting and the City and is a benefit to the public increases the ad valorem tax base of the that will be spent within the corporate other businesses within the City; and WHEREAS, it is particularly the Community Redevelopment Area Plan as revised. NOW, THEREFORE, BE IT ( OF BOYNTON BEACH, Section 1. The recitals set: to the same extent Section 2.. (a) herein to economic development be targeted for to facilitate the Community Redevelopment BY THE CITY COMMISSION OF THE CITY above are hereby adopted and incorporated by reference herein here in full. Ordinance 96-46 is hereby amended as follows: recitals set forth above are hereby adopted and incorporated by reference e extent as if set forth here in full. (b) The City Commission does hereby find that it is necessary and appropriate and in the interest that certain incentives in the form of fee reductions or waivers be orovided businesses locating within the Communit?' Redevelopment Area in order to oromote economic growth, to expand the ad valorem tax base, to increase job opportunities \C~MAIN~S HRDATA\CA\ORD\C RAXlncentives Amended CRA061101 .doc XZ-LEGAL FTRST READTNG i'TEH B.5 ORDINANCE 01- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 96-46, WHICH PROVIDES FOR ECONOMIC DEVELOPMENT INCENTIVES IN THE COMMUNITY REDEVELOPMENT AREA IN ORDER TO MODERNIZE THE LANGUAGE AND TO PROVIDE FOR THE DEFERRAL OF PAYMENT OF CERTAIN FEES IN ADDITION TO WAIVER OF CERTAIN FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission by Ordinance 96-46 created economic incentives :o stimulate economic growth within the Community Redevelopment Area; and WHEREAS, the City administration has recommended modificatiOn of the economic incentive program to attract and sustain economic growth in the Community Redevelopment - Area; and WHEREAS, such economic growth aids the City and is a benefit to the public because it provides jobs for the residents of the City, increases the ad valorem tax base of the City, and provides income for residents of the City that will be spent within the corporate limits of the City thus supporting and benefiting other businesses within the City;, and WHEREAS, it is particularly appropriate that economic development be targeted for the Community Redevelopment Area of the City to facilitate the Community Redevelopment Plan as revised; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full. Section 2. Section 1. of ordinance 96-46 is hereby amended to read as follows: Section 1. Findings. (b) The City Commission does hereby find that it is necessary and apPropriate and in the public interest that certain incentives in the form of fee reductions or waivers be vrovided for new businesses locating within the Community Redevelopment Area in order to vromote economic growth, to expi~nd the ad valorem tax base, to increase job opportunities ~or all citizens of the City, and to improve the economic condition of the City and its residents ,nd citizens. (43)~ The City Commission does hereby find that the creation and use of such 'ncentives and their application to certain business in the Community Redevelopment Area is 'n the public interest and furthers a public purpose. leg(d) The City Commission does hereby .find that' the economic incentives :ontemplated by this Ordinance are consistent with the goals, objectives and principles of t,~5¢ CommUnity Redevelopment Plan for the Community Redevelopment Area, as adopted ~ Ordinance 90-21 enacted on August 7, 1990, and as expanded by Qrdinance No. 0 00- ~ I(the "Community Redevelopment Plan'), and such incentives further the purposes of the Community Redevelopment Plan, and are intended to promote and encourage private enterprise within the Commu. nity Redevelopment Area as contemplated and provided by Part [II, Chapter 163, Florida Statutes. Section 3. Section 2.. of Ordinance 96-46 is hereby amended to read as follows: Section 2. Eligible Business. determine that the economic development Ordinance shall on.be granted to:_ The City Commission does hereby incentives created and established by this (a)- a business now located in the Community Redevelopment Area which is improving or enlarging its place pf business within the Community Redevelopment Area orL I (b) a business locating a new place of business within the Community [Redevelopment Area. Any business satisfying the conditions of this Section 2 is hereinafter referred to as an Eligible Business, which may, in its discretion, .file an application with the City as provided below requesting one :or more of the economic incentives established by this Ordinance subject to the review, discretion and approval of the City Commission. Nothing in this Ordinance is intended or should be construed or applied as creating or granting any vested right in any Eligible Business to be entitled to any or all of the economic incentives established by this Ordinance not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or provide any or all of the economic incentives established by this Ordinance to any person, including an Eligible Business. Section 4. Section 3. of Ordin~:~,':e 96-46 is hereby amended to read as follows: Section 3. Waiver or Deferral qf City Impact Fees. Upon an application from ~n Eligible Business and recommendation of the City Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive or defer the payment of City impact fees by the Eligible Business and the City shall pay from legally available funds the amount of such City impact fees by whatever name known that would have otherwise been paid by the Eligible Business in the absence of such .approval by the City Commission and cause that payment to be deposited in the fund or account in which the City impact fees are customarily deposited. For purposes of this Section 3, "City impact fees'' means a land development regulatory fee charged to new development whtch creates a need for capttal tmprovements. Section 5. Section 4 of Ordinance 96-46 is hereby amended to read as follows: Section 4. Waiver or Deferral o_f Building Permit Fees. Upon an application from ~n Eligible Business and recommendation of the City Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions ~as it may establish, waive or defer the payment of building permit fees for the construction' or- improvements being done by the Eligible Business in the Community Redevelopment Area and the City shall pay from legally, available fi~nds the amount o_f such building permit_fees and cause such funds to be placed in the fund or account in which City building permit fees ~re customarily deposited. For purposes of this Section 4, "building permit fees" means those fees charged by the City for reviewing and inspecting structural, mechanical, plumbing, gas and electrical construction in the City. ;ection 6. If any part of this Ordinance. is determined to be invalid or illegal, then the remaining portion of this Ordinance shall not be affected by such determination and shall remain in full force and effect. Section 7. This Ordinance shall become effective immediately upon its enactment by the City Commission. FIRST READING this day of June, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner LAP/Imf H:\ 1990Lq00182.BB\ORD~lnc~ntivea Amended CRA061101 .doc 6/14/01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE O96-/~ AN ORDINANCE OF ~ CITY OF BOYNTON BEACH, FLORIDA, PERTAINING TO ECONOMIC DEVELOPMENT; MAKING FINDINGS; FINDING ECONOMIC DEVELOPMENT AND PROVIDING INCENTIVES FOR ECONOMIC DEVELOPMENT FURTHF_JIS ~ PUBLIC INTEREST AND SERVES A PUBLIC PURPOSE; PROVIDING FOR WAIVER OF CITY IMPACT FEES, WAIVER OF BUILFtlNG PERMIT FEES, AND 'INSTALLATION OF CERTAIN WATER AND SEWER SYSTEM IMPROVEMENTS FOR QUALWIED BUSINESSES IN ~ REDEVELOPMENT AREA; COST OF ECONOMIC DEVELOPMENT INCENTIVES; THE ECONOMIC DEVELOPMENT: INCENTIVES; PROVIDING- FOR PERIODIC RE, PORTS TO- ~ CITY COMMISSION; PROVIDING AN EFFECTIVE DATE. 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, sustained and positive economic growth within the corporate limits of the City of Boynton Beach, Florida is necessary, essential and conducive to the quality of life and the economic well-being of the cgtizens of the City; and WHEREAS, such economic growth aids the City and is a benefit to the public because it provide~ jobs for the residents of the City, increases the ad valorem tax base of the City, and provides income for residents of the City that will be spent within the corporate limits of the City thus supporting and benefiting other businesses within the City; and WHEREAS, it is particularly appropriate that economic development be targeted for the Community Redevelopment Area of _the_. City, as such areawas determined to exist by Resolution 8 I-SS, adopte~ on August 4, 1981, and Resolution No. 82-KK, adopted on May 4, 1982, as amended (the "Redevelopment Area"), and actions Should be taken to encourage economic development within the Redevelopment Area; and WHEREAS, in order to within the Redevelopment and sustain positive economic growth it is ,necessary to create, establish and maintain an 4 5 6 7 8 9 10 11 12 13 14 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 R~.I0/I appropriate and supportive regulatory and governmental environment within the Rexlevelopment Area while still protecting the public interest and the public health, safety and welfare; and will public the City; THE CITY COMMISSION OF THE (a) The r reference and incorporated by be City and necessary and appropriate reducaons or waivers in order to to increase job condition of the (b) The City Commission does hereby find that the creation and use of such incentiVes and their ~ business in the Redevelopment Area is in the purpose. (c) The City Commission does hereby find that the economic incentives contemplated by this Ordinance are consistent with the goals, objectives and principles of for the :Redevelopment Area, as adopted by ' H Ordinance 90-21 enacted , 1990 (the Redevelopment Plan"), and such incentives further the Redevelopment Plan, and are intended to promote and encourage t the Redevelopment Area as contemplated and provided ~by Statutes. Section 2i , determine that the ordinance shall only which is ' The City Commission does hereby incentiVes created and established by this ss now located in the Redevelopment Area he Redevelopment Area or Any business hereinafter referred to as an "Eligible 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ZI 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Pan. 10tl Business," which may, in its discretion, file an application with the City as provided below requesting one or more of the economic incentives established by this Ordinance subject to the review, discretion and apprOval.of the City Commission, Nothing in this Ordinance is intended or should be COnstrued or applied as creating or granting any vested fight in any Eligible Business to.be entitled to any or ail of the economic incentives established by this Ordinance not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or provide any or ail of the economic incentives established by this Ordind~ce to a~y person, includin~ an Eligible Business. Section 3. Waiver of City Imnact Fees. Upon an application from an Eligible BUsiness- and recommendation ~f the City Manager as provided in Section 6 may, in its discretion and subjec~ to such conditions as it may by the Eligible Business and the City of such City impact fees by whatever paid by the Eligible Business in the absence by the City Commission and cause that payment to be deposited in the th~ City impact fees are custon~afily deposited. ~or purposes 'Ci~ impact fees" means a land development regulatory fee charged to which creates a need for capital improvements. Section 4. Upon an application from an ty Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions as it may t fees for the construction or improvements Area. For purposes of this r for reviewing and gas and electrical construction in the City. connections Upon as ~ its discretion and subject to payment by the City of sewer system, or but which are : in the Redevelopment 5, "improvements to the City's water and sewer the Eligible Business such but does not include any on City 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 26 27 28 29 30 31 32 33 34 35 36 i*.~v.lO/1 by an Eligible Business for any of the economic development incentives established by and 5 of this Ordinance. Upon receipt of an application the City Manager Business, and and the Section 7. use of a~a the effective 2 3 4 5 6 7 8 9 10 11 12 ~3_ '16 17 18 19 I~v. 10/ FIRST READING this /~W- day of October, 1996. SECOND, FINAL READING AND PASSAGE this November, 1996. day of ATTEST: Cit~ Clerk -"'- CITY OF BOYNTON BEACH, FLORIDA M./orJ ~mm[ssioner Commissioner C~stonar XI-LEGAL: ITEM B.6 ORDINANCE 01- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 96-47, WHICH PROVIDES FOR ECONOMIC DEVELOPMENT INCENTIVES IN THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID) IN ORDER TO ALLOW FOR THE DEFERRAL OF BUILDING PERMIT FEES IN ADDITION TO THE WAIVER OF SUCH FEES; PROVIDING FOR SEVER.ABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission by Ordinance 96-47 created economic incentives to stimulate economic growth within the Planned Industrial Development District (PID District); and WHEREAS, the City administration has recommended modification of the economic incentive program to attract and sustain additional economic growth in PID Districts; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The recitals set forth above are hereby adopted and incorporated by eference herein to the same extent as if set forth here in full. Section 2. Section 3 of Ordinance 96-47 is hereby amended to read as follows: Section 3. Payment of City Impact Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within the City and upon a determination that the Eligible Business satisfies the requirements of this ordinance, the City Commission may, by ordinance and at its sole discretion, cause the City to pay fi.om legally available funds all, or a portion of City impact fees by whatever name known that would have otherwise been paid by the Eligible Business for water and sewer service ,rovided by the City. The City Commission may also decide to defer the payment of may napact fees by the Eli~ble Business. For the purpose of this Section 3, "City impact fees" means a land dev~elopment regulatory fee charged to a new development which :reates a need for capital improvements. \\Cl-BMAIN~HRDATA\CA\ORD~Development~lncentives Amended PID061401LP.doc Section 3. Section 4 of Ordinance 96-47 is hereby deleted in its entirety and a aew Section 4 is created to read as follows: Section 4. Payment or Deferral of Building Permit Fees. Upon application of any eligible business, submitted prior to the issuance of a building permit, and upon a determination that the eligible business satiSfies the requirementS of this Ordinance, the City Commission may, as set fbrth in a Resolution: 1. Authorize payment on behalf of the eligible business all or part of building permit fees required by CiW Code; or 2. Defer payment of building permit fees for a time certain to be set forth in the body of the Resolution. the purpose of this Section 4, "Building Permit Fees" means those fees charged by the' Cit~ for structural, mechanical, plumbing, gas, and electrical review and inspection. Section 4. Section 5 of Ordinance 96-47 is hereby amended to read as follows: Section 5. Fees Due if Facility Not Maintained. ~lotwithstanding the payment or deferral of City impact fees contemplated by Section 3 or the waiver or deferral of building permit fees contemplated by Section 4 the Eligible Business shall remain liable for and obligated to pay such fees if the Eligible Business fails to maintain the corporate headquarters or manufacturing an industrial facility in the City of fails to employ at least fifty (50) individuals at that facility for a period of three (3) ,ears following the issuance of the certificate of occupancy for the facility. Section 5. If any part of this Ordinance is determined to be invalid or illegal, hen the remaining portion of this Ordinance shall not be affected by such determination md shall remain in full force and effect. Section6. This Ordinance shall become effective immediately upon its enactment by the City Commission. \\CI-IkMAINKSHRDATA\CA\ORDkD~velopm~nt'~Inc~ntiv~ Amended PID061401LP.doc this day of June, 2001. iECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk Commissioner \\CHXMAIN~HRDATA\CA\ORDXDevelopment~Incentives Amended PID061401LP.doc Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL: ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to Cits, Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00p.m.) April 4, 2001 (5:00p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in rO CiBt Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans · [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager!s Report RECOMMENDATION: Approval of amendment to Ordinance 96-47 providing for economic incentives in the Planned Industrial Development District (PID). Approval by Ordinance is required. EXPLANATION: Staff has discussed possible amendments to Ordinance 96-47 with representatives of Quantum Realty. The ordinance attached makes modifications to the previous ordinance in line with these discussions. Major change in ordinance is a new provision for fee deferral. PROGRAM IMPACT: Existing program FISCAL IMPACT: Will depend on application of ordinance to specific proposals. The City Commission will review applications based on review of City Manager. ALTERNATIVES: Do not approve ordinance and stay with current provisions of Ord. 96-47. Department Head's Signature ~ -C'i'ty Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMSXa~GENDA ITEM REQUEST FORM.DOC ORDINANCE 01- AN ORDINANCE OF THE CITY BEACH, FLORIDA ECONOMIC PLANNED INDUST~ (PD); PROVIDING AN OF AND THE WHEREAS, the City Commission incentives to stimulate economic growth tDistfict (PID District); and by 96-47 created economic Industrial Development WHEREAS, the City economic incentive program to attract and Districts; and recommended modification of the additional economic growth in PD NOW, THEREFORE, BE IT THE CITY OF BOYNTON BEACH, BY THE CITY COMMISSION OF Section 1. The recitals set ~bove are hereby adopted and incorporated by reference herein to the same if set forth here in full. Section 2. Ordinance is hereby amended to provide: a. In Section 3, the City ( to the power to waive City impact fees as provided in shall have the power to defer the payment of Impact and in its place and stead a 4. Waiver of Building Impact Fees, is deleted in its entirety Section 4 as follows: ,lication and upon a Section 4. Payment or Deferral of Building Permit Fees. Upon business, submitted prior to the issuance of a building permit, that the eligible business satisfies the requirements of this sion may, by Resolution: 1. Pay on,behalf of the eligible business all or part of building permit fees required by City Code; o.r 2. Defer payment of building permit fees for a time certain to be set forth in the body of the Resolution. ,\CH'dVIA1NXSHRDATA\CA\ORD\DevelopmentXlncentives Amended PID061101.doc ORDINANCE NO. d96-~ A ORDINANCE OF THE CITY COMMISSION OF ~THE CITY OF BOYNTON BEACH, FLORIDA, PERTAINING TO ECONOMIC DEVELOPMENT IN THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID); MAKING FINDINGS; AUTHORIZING CERTAIN ACTIONS AS INCENTIVES TO ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS WITHIN THE CITY; AUTHORIZING ADDITIONAL ACTIONS~ TO BE TAKEN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, sustained and positive economic growth within the corporate limits of the City of Boynton Beach, Florida (the "CITY"), is necessary, essential, and conducive to the quality of life and the economic well-being of the citizens of the City; and W~EREAS; such economic growth aids the City and is a benefit to the public because it provides Jobs for the residents of the City, increased the ad valorem tax base of the City, and provides income for residents of the _City that will be spent within the corporate limits of the City thereby supporting and benefiting other businesses within the City; and WHEREAS, in order to initiate, establish and sustain positive economic growth within the City's Planned Industrial Zoning Districts it is necessary to create, establish and maintain an appropriate and supportive regulatory and governmental environment within the City while still protecting the public interest and the public health, safety and welfare; and ~IEREAS, it is necessary for the City to determine if econom/c development will more likely occur if certain incentives are provided by the City which are appropriate for the benefit being received and which serve the public interest and promote the public purpose of improving the physical and economic condition-of the City; .... NOW, TBEREFORE, BE IT ORDAINEDBYTHE CITY CO~4ISSIONOFTHE CITY OF BOYI~TON BEACH, FLORIDA, THAT: JAC/lmh 9126/96 900182.BB KCONRev.lO/11/g6 Page 1 of 6 ' (a) The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full. (b) The City Commission does hereby find that it is necessary and appropriate that certain incentives in the form of fee reduction or waivers be provided for new businesses locating within certain parts of the City zoned Planned Industrial Development (PID) in order to promote economic growth, to expand the ad valorem tax base, to increase job opportunities for all citizens of the City, and.to improve the economic condition of the City and its residents and citizens. (c) The City Commission.does hereby find that the creation of.suchincentives and their application._to certain businesses is in the public interest andfurthers a public purpose. ~ Eligible Businesses. The City Commission does hereby determine that. the. economic development incentives contemplated by this ordin~nce__shall only be granted to new businesses or .... expanding ._existing businesses as hereinafter defined: Ae Business - Any activity engaged in by any person, partnershiP,, corporation'~'or..firm With the object of private or public gain, benefit, or advantage, either direct or indirect. A business is further and more specifically defined as_follows: 1. New Business - A business establishing~fifty (50) or more Jobs to employ fifty (50) or more full-time employees in this City, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; JAc/lmh 9/25/96 900182.BB ECONRev.10/11/96 Page 2 of 6 900182.BB ECONRev. 10111196 An office space in this City owned and used by a corporation newly domiciled in this City; provided such office space houses fifty (50)Or more full-time!employees of such corporation. Provided that such businesses or office referred to in subseCtionS a. or b. above, first begins operation from any othe: owned by the same Expansion ofian Existing Business- A business jobs'to employees processes, produces .property plat. of fix~ induStrial (50) or more full-time or ible personal and which manufacturing Provided that such business increases~operations on a site co-located with a commercial or owned by the same: business, resulting in a in employment of not less than twenty-five (25%) percent. Eligible Business - A business that meets the criteria set forth herein for a new business or an expansion of an existing business, and Moves to or expands its operations to a location within a Planned Industrial District within the City of Boynton Beach, -and c. Maintains its business operation at the Page 3 of 6 levels referenced herein for a period of three (3) years after opening for business, and d. The wages paid to its full-time non- management employees must be on average a minimum of.$12.74 per hour. Wages shall be defined as the total of the hourly wage, plus the cost of all -fringe benefits, paid on behalf of the employees. Section $. 'Payment of City Impact Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within the City and upon a determination that the Eligible Business satisfies the requirements of this ordinance, the City Commission may, by Ordinance and at its sole discretion, cause the City to pay from legally available funds all, or a portion of City impact fees by whatever name known that would have otherwise been paid by the Eligible Business for water and sewer service provided by the City. For the purpose of this Section 3, "City impac~__f_ees" means a land development regulatory fee charged to a new development which creates a need for capital improvements. ~ Waiver of Building Permit Fees. Upon application of any Eligible Business submitted prior to the issuance of a building ~ermlt for construction of the Eligible Business' facllltyiwithin the City and upon a determination that the Eligible Business satisfies the requirements of this Ordinanc~, the City Commission may, .by ordinance and at its sole discretion, cause the City to waive the all, or a portion of the payment by the Eligible BUsiness of any building permit fee or charge imposed by the City!pertaining to the facility being constructed by the Eligible Business within the City. For the purpose of this s~ctl~n 4, "building permit fees" means those fees charged by and inspecting structural, mechanical, electrical construction in the City., Fees Due if Facility Not Maintained, 9/26/96 900182.58 ECONRev. ZD/11/96 Page 4 of 6 Notwithstanding the payment of City impact fees contemplated by Section 3 or the waiver of bUilding permit fees contemplated by Section 4, the Eligible Business shall remain liable for and obligated to pay such fees if the Eligible Business fails to the c~ or manu an fifty the appropriate City takesuch this Ordinance, including prepare such other resolutions this ordinance. Man&ger~ is hereby directed'to to the the~number of City subject to such incentives, incentives, the dollar value ol them, and.the and.the: to grant the e Us adiscretionary and commisl on. Neither act by theCity shall, vest any person or all or,part of any fee as rE The authorized and directed to OhS of who ~is.. authorized to ordinance~ may be Waiver- cc by the The City to time of the economic including in the such to the businesses a result of of may g of with The power of the City provided ~ive ~functioE t~e City this Ordi nor any the City stration of JAC/1mb 9/26/96 900182. BB ECONRev. 10./11/96 Page 5 of 6 ~he_cJzk~9~ Appropriation of Funds. The City Commission prior to granting an economic incentive as provided herein shall either appropriate funds for the payment of such incentive, designate a specific funding source previously appropriated through the budget process, or waive sUch fees. ~ Severabilitv. If any part of this Ordinance is determined to be invalid or illegal, then the remaining portion of this Ordinance shall not be affected by.such determination and shall remain in full force and effect. ~ Effective Date. This ordinance shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of ~ 1996. ATTEST: JAC/lmh 9/26/96 900182.BB ECONRev.[0/11/96 Page 6 of 6