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Agenda 01-20-09The City of Boynton Beach 100 E. Boynton Beach Boulevard • (561) 742-6000 City Commission 2nd REVISED AGENDA JANUARY 20, 2009 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor — District II I Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www. boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission — Time Limit — Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances — Time Limit — Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule — some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING 2"d REVISED AGENDA January 20, 2009 I. OPENINGS: A. Call to Order — Mayor Jerry Taylor B. Invocation by Reverend Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag by Vice Mayor Jose Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: 6:30 P.M. A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentations a. 2008 National Public Lands Day Volunteer of the Year award, on behalf of the National Environmental Education Foundation presented to Gary Solomon. b. Presentation by Connie Siskowski, Founder and President of the Volunteers for the Homebound & Family Caregivers. 2nd Revised Agenda Regular City Commission Boynton Beach, FL IV. PUBLIC AUDIENCE: January 20, 2009 INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 Tabled (3) I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 Tabled (3) III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2) II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Cemetery Board Alt 1 yr term to 12/09 I Weiland Code Compliance Board Reg 3 yr term to 12/10 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 IV Ross Code Compliance Board Alt 1 yr term to 12/09 Tabled (2) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (3) Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09 Tabled (3) II Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Tabled (3) Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (3) I Weiland Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (3) IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09 Tabled (3) Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09 Tabled (3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission — January 6, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 2 2nd Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 1. Approve a contract for a "ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER" to Robert J. Howell of Delray Beach, FL., RFP #013-2710-09/CJD, a revenue generated project. (Proposed Resolution No. RO9-006) 2 Approve the piggyback of State Contract #600-760-07-1 for Mail Processing Equipment to Pitney Bowes in the amount of $41,422.80 for a 60 -month lease to include equipment, meter, hardware and software maintenance, postage -by -phone reset fees, scale/rate update fees, installation and training. The lease price is $690.38 per month for a savings of $152.74 per month. The reduced cost is due to a renegotiation of the State contract for a lesser amount and a 60 -month lease as opposed to a 48 -month lease. 3. Approve an extension of the Bid #07-5835FL with Manatee County to Siemens Water Technologies of Sarasota, FL to provide Hydrogen Peroxide and the services included for odor and corrosion control for an estimated expenditure of $200,000. C. Resolutions 1. Proposed Resolution No. R09-007 RE: Approving and authorizing execution of an agreement with the South Florida Water Management District (SFWMD) to accept a $559,900 grant for Phase 1B, Reclaimed Water Distribution and Recharge System Project. 2. Proposed Resolution No. R09-008 RE: Approving and adopting the 2008/2009 Recreation and Parks Strategic Plan Update. 3. Proposed Resolution No. R09-009 RE: Approving and authorizing execution of a contract with IBI Group, Inc. for design and development of construction drawings for the Palmetto Greenway Extension, in the amount of $50,000. 4. Proposed Resolution No. R09-010 RE: Approving and authorizing execution of a contract with IBI Group, Inc. for design and development of construction drawings for the Barton Greenway, in the amount of $18,300. 5. Proposed Resolution No. R09-011 RE: Approving and authorizing execution of an Agreement for Banking Services with Bank of America, N.A. commencing February 1, 2009 and continuing through September 30, 2011 with an option to renew for a two-year period. 2"d Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 6. Proposed Resolution No. R09-012 RE: Approving and authorizing execution of a Utility Work by Highway Contractor Agreement, between the Florida Department of Transportation (FDOT) and the City of Boynton Beach to provide utility adjustments in association with the milling and resurfacing of U.S.1 (State Road 5) from the C-16 Canal to Hypoluxo Road. The estimated cost to the City is $34,496. 7. Proposed Resolution No. R09-013 RE: Temporary Construction Easement and a Utility Easement between Delray Beach Community Redevelopment Agency and the City of Boynton Beach in support of the City's construction of the new regional force main. D. Approve the Sustainability Team Quarterly Report E. Authorize the use of $700 from Commissioner Ross's Community Investment Funds to assist a student at Galaxy Elementary School to attend the Safety Patrol Trip to Washington, D.C. F. Approve most recent payment to Sessoms Construction including reduction in retainer to 1% and authorize staff to begin negotiations for final contract closeout. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Sam's Club/Northstar (ANEX 09-001) Agent: Bonnie Miskel and Scott Backman Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida, LLC Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233 Seacrest Blvd and 3691 Seacrest Blvd. Description: Request to annex the properties. (Sam's Club -- 1' Reading Proposed Ordinance No, 09-003) (Northstar —1st Reading Proposed Ordinance No. 09-004) B. Project: Sam's Club/Northstar (LUAR 09-002) Agent: Bonnie Miskel and Scott Backman Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida, LLC 4 2"d Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 Location: West of North Seacrest Blvd., South of Hypoluxo Road, 7233 Seacrest Blvd. and 3691 Seacrest Blvd. Description: Request to amend the Comprehensive Plan Future Land Use Map classification on ±41.49 acres of land from Commercial High (CH/5) and Institutional (Palm Beach County) to Local Retail Commercial (LRC).(Sam's Club -- 15t Reading Proposed Ordinance No, 09-005) (Northstar —15t Reading Proposed Ordinance No, 09-006) Request to rezone from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. (Sam's Club -- 15t Reading Proposed Ordinance No. 09-007) (Northstar —10 Reading Proposed Ordinance No. 09-008) C. Project: New Urban High Ridge (LUAR 09-001) Agent: Timothy L. Hernandez Owner: New Urban High Ridge, LLC Location: Northwest corner of High Ridge Road and Miner Road Description: Request to amend the Comprehensive Plan Future Land Use Map classification on ±18.44 acres of land from Medium Density Residential to Industrial; (1' Reading Proposed Ordinance No. 09-009) Request to rezone from Planned Unit Development (PUD) to M-1, Industrial. (1s` Reading Proposed Ordinance No. 09-010) D. Project: Habitat for Humanity (ABAN 09-001) Agent: Peter Blacklock of Ruden, McClosky Owner: City of Boynton Beach Location: West of the FEC Railroad right-of-way, north of NE 11th Avenue Description: Request for abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC Railroad right-of-way and approximately 50 feet south of NE 12th Avenue, in connection with the plan to build infill single-family housing. (1st Reading Proposed Ordinance No. 09-011) E. Project: Harbor Cay (SPTE 08-007) Agent: Sid E. von Rospeunt Owner: Harbor Cay, LLC Location: East side of North Federal Highway, approximately 160 feet north of Gateway Blvd. 2nd Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 Description: Request for a second one (1) year time extension of the site plan (NWSP 06-011) approved on May 2, 2006, thereby further extending site plan approval from May 2, 2008 to May 2, 2009. (Request withdrawn by applicant) F. Project: The Arches (SPTE 08-010) Agent: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP Owner: Boynton Ventures I, LLC Location: Southwest corner of Ocean Avenue and Federal Highway Description: Request for a third one (1) year time extension of the site plan (MSPM 05-008) approved on September 6, 2005, thereby further extending site plan approval from September 6, 2008 to September 6, 2009. G. Project: Tuscan Villas (SPTE 08-011) Agent: Ken Tuma, Urban Design Studio Owner: Tuscan Villas @ Boynton Beach Location: East of Federal Highway, approximately 1,100 feet north of Gulfstream Blvd. Description: Request for a second one (1) year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan approval from October 18, 2008 to October 18, 2009. H. Project: Lake Worth Christian School (SPTE 09-001) Agent: Jeff Zito, Project Manager Owner: Lake Worth Christian School Society, Inc. Location: 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Description: Request for a one (1) year site plan time extension of the conditional use/major site plan modification (COUS/MSPM 07-003) approved on July 17, 2007 for 18 months, thereby extending approval from January 17, 2009 to January 17, 2010. I. Project: Pet Care (Boarding & Daycare) (CDRV 09-001) Agent: City -initiated Description: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts. (15t Reading Proposed Ordinance No. 09-012) 2nd Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 J. Project: Temporary Banners (CDRV 09-002) Agent: City -initiated Description: Discussion of possible interim amendments to the Land Development Regulations, Chapter 21 Signs, Article III, Sec. 6(F) to increase the time period to 90 days that an existing business may display a temporary banner.(1' reading Proposed Ordinance No. 09-013) IX. CITY MANAGER'S REPORT: A. Review of City Manager Evaluation for 2008 B. Approve a method of procuring automated "red light cameras" for traffic enforcement purposes at selected intersections. X. FUTURE AGENDA ITEMS: A. Follow-up report on possible relocation of City Offices — Feb. 3, 2009 B. Staff report on legal review for vacating NE 12th Avenue right-of-way — Feb. 3, 2009 C. YVPP Report - Feb. 17, 2009 D. Approve the report on disposition of surplus computers. (Tabled on January 6, 2009) -- Feb. 17, 2009 E. Report on cost sharing options for take-home vehicles (In conjunction with continued budget discussions) — Feb. 17, 2009 F. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) G. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) XI. NEW BUSINESS: A. Review and consideration of approval of Auburn Master Development Agreement. (Proposed Resolution No. R09-018) B. Approval of the City of Boynton Beach cost sharing with the Community Redevelopment Agency in supporting the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM). The cost to the City is $1,000. 2"d Revised Agenda Regular City Commission Boynton Beach, FL XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None January 20, 2009 B. Ordinances - 2"d Reading - Non -Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced public space.(Tab/ed on January 6, 2009) 2. Proposed Ordinance No. 09-001 RE: Rescinding Ordinance 05-044 which reclassified the Land Use from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), a parcel of land located at the northwest corner of South Federal Highway and Gulfstream Boulevard; restoring Local Retail Commercial (LRC) Land Use to the property. 3. Proposed Ordinance No. 09-002 RE: Rescinding Ordinance 05-045 which rezoned from C-3, Community Commercial to Planned Unit Development (PUD) a parcel of land located at the northwest corner of South Federal Highway and Gulfstream Boulevard; restoring C-3 Community Commercial Zoning to the property. C. Ordinances - 1t Reading 1. Proposed Ordinance No. 09-014 RE: Amending Code of Ordinances Section 2-119, Subsection B "Education and Youth Advisory Board" to modify the attendance policy. 2. Proposed Ordinance No. 09-015 RE: Amending Chapter 4 of the Boynton Beach Code of Ordinance titled Animals and Fowl, Section 4-1 definitions and Section 4-4 Manner of Keeping and Treating Animals Generally; Abandonment. D. Resolutions: Proposed Resolution No. R09-014 RE: Appointing the City Commission representative and alternate to the Metropolitan Planning Organization. 2"d Revised Agenda Regular City Commission Boynton Beach, FL January 20, 2009 2. Proposed Resolution No. R09-015 RE: Appointing the City Commission representative and alternate to the Palm Beach County League of Cities. 3. Proposed Resolution No. R09-016 RE: Appointing the City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. 4. Proposed Resolution No. R09-017 RE: Appointing the City Commission representative and alternate to the Coalition of Boynton West Residents Association. E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY 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 INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 2ntl Revised Agenda 1/20/09 1:30 p.m. S:\CC\WP\CCAGENDA\AGENDAS\Year 2009\012009 2nd Revised.doc 0� III: ANNOUNCEMENTS &PRESENTATION CITY OF BOYNTON BEACH Item C.2.a AGENDA ITEM REQUEST FORNIL Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ® Announcements/Presentations ❑ Administrative ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ❑ New Business ❑ Legal ❑ Unfinished Business RECOMMENDATION: Present Gary Solomon the 2008 National Public Lands Day Volunteer of the Year award, on behalf of the National Environmental Education Foundation (headquartered in Washington, DC). EXPLANATION: Each year the National Environmental Education Foundation hosts National Public Lands Day. The annual event is held in September and includes a photo contest and volunteers of the year. Qualifications include: the nominee participating in at least one National Public Lands Day event prior, the efforts and contributions to care for a federal, state, or other public land area. An article about the winner is included in the National Environmental Education Foundation newsletter encouraging people to go to their website to read the Volunteer of the Year story. The website will include a photo of Gary and his nomination story. He will also receive a letter and a gift basket from the sponsor, Aveeno. PROGRAM IMPACT: In 2005, Gary Solomon approached the City requesting permission to volunteer and organize clean ups of the beach at Oceanfront Park. The City of Boynton Beach partnered with him and has the Sand Sifters, which now boasts over 800 environmental volunteers. The success of the Sand Sifters and the benefits to our environment would not be possible if it were not for the wholehearted dedication of Gary Solomon. The Recreation and Parks Department was notified that Gary was this year's award recipient in December after another successful year of cleaning our area beaches and volunteering to assist with creating the Art Center's Wildlife Sanctuary. FISCAL IMPACT: None. ALTERNATIVES: N/A Department Head's Signature ity Manager's Signature Assistant to City Manager 60vt , Department Name City Attorney / Finance S:\BULLETMFORMS\AGENDA ITEM REQUEST FORM.DOC III. -ANNOUNCEMENTS & PRESENTATIONS ..y Item C.2.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) U ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) b �l February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) � ® Announcements/Presentations ❑ City Manager's Report C C21 C2 NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Presentation by Connie Siskowski, Founder and President of the Volunteers for the Homebound & Family Caregivers. EXPLANATION: The mission of the Volunteers for the Homebound & Family Caregivers is to recognize, support and promote the awareness of dual role youth who are both students and young caregivers. PROGRAM IMPACT: This presentation will raise awareness of youth caregiving and its effects. FISCAL IMPACT: N/A ALTERNATIVES: Not to allow presentation. �;� r� Departure ad's Signature City Manager's Office Department Name S:\BULLETMFORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager GVJI, l City Attorney / Finance APPLICANT ELIGIBLE FOR APPOINTMENT 1/20/09 Last Name First Name 1St Choice 2 "d Choice 3 Id Choice Anton Steve Arts Com Fuller Darryl Veterans Commission Tengbergen Sherie I Arts Com V. ADMINISTRATIVE ITEM A. VI. -CONSENT AGENDA ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ITEM BA CITY OF BOYNTON BEACH Consent Agenda ❑ Legal AGENDA ITEM REQUEST FORM ❑ Code Compliance & Legal Settlements Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ❑ Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ® Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements El Unfinished Business (Z) d c� ❑ Public Hearing ❑ c'7 Cs -*i RECOMMENDATION: A motion to approve a resolution for a contract for a "ONE YEAR CONTRAC�FO TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER" to Robert J. Howell of Delray Beach, Florida, RFP#013-2710-09/CJD. cri CONTRACT PERIOD: JANUARY 21, 2009 TO JANUARY 20, 2010 CD EXPLANATION: On November 13, 2008, Procurement Services opened and tabulated four (4) responses to the RFP "ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER" RFP# 013-2710-09/CJD. An Evaluation Committee was formed that comprised of Roger Ribeiro, Recreation Superintendent for the City of Delray Beach, Wally Majors, Recreation/Parks Director, Todd Johnson, Recreation Supervisor, Virginia Shea, Sr. Recreation Manager, and Carol Doppler, Purchasing Agent was there to oversee the process to rank the four (4) proposals. Virginia Shea, Sr. Recreation Manager recommends Robert J. Howell as being the most qualified, responsive responsible proposer who meets all specifications and qualifications per memo #08-86. PROGRAM IMPACT: This Tennis Pro will be replacing the current Tennis Pro and will be operating the Tennis Center. FISCAL IMPACT: This is a revenue generated project. According to the proposal, the Tennis Pro will be paying the City 32% of all fees that are related to Tennis instruction, lessons, drills, clinics, tournament, and/or any other tennis instructional activities being organized by the proposer, net of any supplies of equipment that must be purchased as part of that activity, along with 25% of the revenue collected for Racquet Stringing Services. The provisions of this RFP award will allow for two (2) additional (1) one year periods at the same terms, conditions, and prices subject to Tennis Pro acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Wally Majors — Recreation and Parks Director Virginia Shea — Sr. Recreation Manager File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not use a contractual instructor(s) to provide instructional services at the Tennis Center. v / Departm nt Head's Signature Procurement S rvi es SA l3ULLETIN\,FORMS\AGENDA ITEM REQUEST FORM.DOC C: Wally Majors — Recreation and Parks Director Virginia Shea — Sr. Recreation Manager File City anager's Signa re�lr� IA As 'stant to City Mailager ity ey / Finance RECREATION & PARKS DEPARTMENT I III MEMORANDUM #08-86 �pF $gyp7, _' TO: Carol Doppler, Purchasing Agent Finance Department VIA: Lori LaVerriere, Assistant City Manager 12 Wally Majors, Recreation & Parks Director FROM: Virginia H. Shea, Senior Recreation Manage Recreation and Parks Department 154 DATE: November 17, 2008 SUBJECT: Scoring Results of Request for Proposals for Tennis Professional Services On Friday, November 14, 2008, a review team of staff members and one guest scored the Proposals for Tennis Professional Services for RFP # 013-2710-09.01). The reviewers were Roger Ribeiro, Recreation Superintendent, City of Delray Beach Parks and Recreation Department; Wally Majors, Boynton Beach Recreation and Parks Director; Todd Johnson, Recreation Supervisor at the Boynton Beach Tennis Center; and myself with Carol Doppler in attendance. Attached are the scoring results. The review team totaled the four score sheets and the results follow: Robert J. Howell 400 points David Nowak 294 points Susan B. Goodman 273 points Barry Scheiber 230 points The review team recommends Robert J. Howell as the selected Tennis Professional for RFP #013-2710-09.CJD. The alternative would be to not accept the proposal from the highest scoring Tennis Professional and renew the bid process. Thank you. /vhs 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 RESOLUTION NO. R 09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT (RFP #013-2710- 09/CJD) BETWEEN THE CITY OF BOYNTON BEACH AND ROBERT J. HOWELL OF DELRAY BEACH, FLORIDA FOR A ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach issued a Request for Proposals (RFP #013-2710-09/CJD) for a One Year Contract for Tennis Instruction at the Boynton Beach Tennis Center; and WHEREAS, on November 13, 2008, Procurement Services opened and tabulated four (4) responses to the RFP. An evaluation committee was formed which recommends Robert J. Howell as being the most qualified, responsive proposer who meets all specifications and qualifications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed being true and correct and are hereby made a specific part of this Resolution upon Section 2. The City Commission of the City of Boynton Beach. Florida, approves the award of Contract pursuant to RFP 4013-2710-09/CJD to Robert .1. for a One Year Contract for Tennis Instruction at the Boynton Beach Tennis \REMAgreennents\Bid Awards\Award of RFP - Tennis Pro (2009).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Center. Section 3. The City Commission authorizes the City Manager and City Clerk to execute a One-year Contract for Tennis Instruction at the Boynton Beach Tennis Center with Robert J. Howell, a copy of which is attached hereto as Exhibit "A". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay ATTEST: ,. '%wissiPMOWlene Ross Janet M. Prainito, CMC City Clerk !(Corporate Seal) reements\Bid Awards\Award of RFP - Tennis Pro (2009).doc QUALIFIER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: OCTOBER 24, 2008 RFP Title: ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL RFP Number: 013-2710-09/CJD RFP Received By: NOVEMBER 13, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: NOVEMBER 13, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: 0 T c�,J eL- L - Area Code: 5-6 ( Telephone Number: Area Code: 6-6, ( FAX Number: (@ (,:, Q t,;' - Mailing a -Mailing Address: '?o ) Ft 4E-"-3 /2 o City/State/Zip: DCS -4i Cj (�;� 4 3> --�-'4 yc� Vendor Mailing Date: { ,Z 6 Authorized Signature T Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: ') b, '--c y A' ` —5 \ 4, -L� 2. Business Address: -] d.3 2-0 3. 4. 5. 6. When Organized: 16 Where Incorporated: How many years have you been engaged in business under the present firm name? ala General character of work performed by your company. S t d'YY Wit S 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. A; I Pr 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. r / ►:- 't- � -- - C- 11. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 24 STATEMENT OF QUALIFICATIONS continued..., 12. Experience in perfonnance of work similar in importance to this project. Project S Value Contact Name Phone 13. Contracts on hand.%�- 14. Largest completed projects (include final cost). 2) - - 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1-= Jt 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: * Dated at: l ( /(a i0v - this wc-, day of 200,6 By: (t �0- t,r95`- (written signature) Name: 40 'em (printed or typed) Title: Rev 05/30102 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE PROPOSAL BLANK RFP PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Proposers: Date: f t L! a to t - The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. When submitting more than one proposal price for this service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the service in accordance with the specifications for the sum of: ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL Percentage of Gross Revenue offered to the City for all Tennis Professional Services: 9 7Z— % for City The Tennis Pro will provide Racquet Stringing Services on site S� and will offer the City what percent of each racquet? % for City COMPANY NAME SIGNATURE PRINTED NAME ("S7& ( ) (0 5 1�- — C, S—S S L �W �Zu` TELEPHONE NUMBER TITLE FAX NUMBER E-MAIL ADDRESS THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: 14,2u�- Sworn ands scribed before me this day 20 6? NAME — SIGNATURE Printed Information: NAME Cr w 1\,) Ica--1; ca--1 -,L- TITLE TITLE NOTARY PUBLI , §ta4 of Florida at Large COMPANY NOTARY PUBL'C'STATE OF FLORIDA Carol J. Doppler 447 Commission # MA 01 Y 0141202011 Expires: to BONDED THRB ATLANTIC BOND ING "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE W NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of C%Lo 94 t71�- ) County of Y 1V1 -w' 41c'..� 0- W6-w�— , being first duly sworn, deposes and says that: 1) He is of , the qualifier that (Title) (Name of Corporation or Firm) has submitted the attached RFP: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on t, including this affiant. 1. (Signed)_ he part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest (Title) Subscribed and sworn to before me / NOTAg.Y pir$LIC STATE OF FLORIDA This day of 200 �j "'••, Carol J. Doppler x :Commission#DDS41447 My commissio es s expires: MAY 01, 2011 $ONDiD TgRtt ATLANTIC BONDING CO, INC THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( 1 OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 29 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE `I O SUBMIT A DETAILED LISTING OF ANY SUBCONTRAChOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFP TITLE: "ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL" RFP fl: 013-2710-09/CJD MAIN CONTRACTOR NAME: *MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify) IJUS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DOLLAR OF AMOUNT i'OTAI MINORITY NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED Yes No *(see key below) Yes No SUBCONTRACTOR TO BE PERFORMED � 7c ZC: 3 `r� :=�t�ii �2_1' IJUS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DOLLAR OF AMOUNT i'OTAI Tennis Center Rating Matrix Overall Scores 11/14/08 NAME OF PROJECT VAGI tai A T44-A- Score's Printed Name jjffiii RAWHIMMOPP' 1 012"s Signature 11 ►4 OK — Date E W W E° C? (D o o E X c = v) Z :2E CRITERIAin CU N m° m o Reviewer Experience of Professional with similar activities Subtotal 10 0 0 0 0 0 Evidence of United States Professional Tennis Assoc. (USPTA) rating of professional & assistants Subtotal 15 0 0 0 01 0 Previous experience in USTA team management, organizational & coaching skills Subtotal 15 1 1 01 0 01 01 0 Ability to provide patrons with on site racquet stringing services & percentage of revenue from that service Subtotal 20 1 0 0 0 0 0 Experience & ability to organize & implement tennis tournaments for all skill levels & abilities Subtotal 15 0 0 0 0 0 Percentage of gross revenue offered to City for Tennis Professional services Subtotal 25 0 0 0 0 0 MAXIMUM POINTS 273 400 230 294 VAGI tai A T44-A- Score's Printed Name jjffiii RAWHIMMOPP' 1 012"s Signature 11 ►4 OK — Date Tennis Center Rating Matrix NAME OF PROJECT Reviewer's nted Name d ewer Signature Date' L� �. o o CD o �li Irl c -u E c O CI) ! z CRITERIA m° m o i Reviewer Experience of Professional with similar activities /`� l I Subtotal10 0 0 0 0 0 Evidence of United States Professional ! Tennis Assoc. (USPTA) rating of CO - professional & assistants i Subtotal 15 0 0 0 0 0 Previous experience in USTA team management, organizational & coaching skills I _ 3 Subtotal ' 15 ---� I --_- --- --�---- O O i O i 0 — Ability to provide patrons with on site racquet stringing services & percentage j of revenue from that service I -- - Subtotal 20 0 0 0 Experience & ability to organize & implement IJ tennis tournaments for all skill levels & 1✓ e abilities i Subtotal 15 0 0 0 0 0 Percentage of gross revenue offered to City for Tennis l J 1 Professional services Subtotal 25 0 0 0 0 0 I i MAXIMUM POINTS 031 I Reviewer's nted Name d ewer Signature Date' L� Tennis Center Rating Matrix - �� rf r% r% 1I -^"r ryN1Y1C yr rnv.iw � c E G� a _ = o E ° a) 0 Un Z E E _ M CRITERIA cu U) M m m o Reviewer Experience of Professional with similar activities Subtotal 10 l O 10 l 0 0 0 0 0 0 Evidence of United States Professional Tennis Assoc. (USPTA) rating of professional & assistants Subtotal 15 1 O l 0 D 0 0 0 Previous experience in USTA team management, organizational & coaching skills Subtotal 15 l I L �j (� 0 0 0 0 0 Ability to provide patrons with on site racquet stringing services & percentage of revenue from that service Subtotal 20 D 2 d O -1S 0 0 0 0 0 Experience & ability to organize & implement tennis tournaments for all skill levels & abilities Subtotal 15 l 0 0 0 0 0 Percentage of gross revenue offered to City for Tennis Professional services Subtotal 25 11 0 0 0 0 0 MAXIMUM POINTS % 00 U12GNt� SHf-�' 11I4 D� Reviewer's Printed Name Revi r Signature Dat Tennis Center Rating Matrix AIDMF Clt= PPr)-Ir-rT q- , a °al 3 3 r l C O ) Z X @ N = - d II > CRITERIA 2 U) -0 M m o Reviewer Experience of Professional with similar activities I Subtotal 10 110 Io I D 0 0 0 0 0 Evidence of United States Professional Tennis Assoc. I (USPTA) rating of professional & assistants Subtotal f 15 I fl D D 0 0 0 0 Previous experience in USTA team management, organizational & j coaching skills -- — Subtotal 15 1 rj 17- JIS 0 0 0 0 0 Ability to provide patrons with on site racquet stringing services & percentage of revenue from that service- I� 0 �—�00 � 0+ 0 Subtotal 20 Experience & ability to organize & implement tennis tournaments for all skill levels & j abilities Subtotal15 115 ® 0 0 0 0 0 Percentage of gross revenue offered to City for Tennis Professional services Q 0 0 0 0 0 Subtotal 25 J1 MAXIMUM POINTS I DD S�' '- 0 61 qnsbo �Ykl � n 0'y - i yL Z� Reviewer's Printed Name Reviewer Signature Date Tennis Center Rating Matrix NAME OF PROJECT CRITERIA L E E X E O in cn _ O O = m° L CO m CU �O Z a o 1 I< Reviewer Experience of Professional with similar activities Subtotal 10 /'v 7 /0 0 0 0 0 0 Evidence of United States Professional Tennis Assoc. (USPTA) rating of professional & assistants Subtotal 15 I'! i0 Ac 0 0 0 0 0 Previous experience in USTA team management, organizational & coaching skills Subtotal 15 %S 01 0 1 0 01 0 Ability to provide patrons with on site racquet stringing services & percentage of revenue from that service Subtotal 20 0 0 0 0 0 Experience & ability to organize & implement tennis tournaments for all skill levels & abilities Subtotal 15 / 0 0 0 0 0 Percentage of gross revenue offered to City for Tennis Professional services Subtotal 25 / ,,� ! 0 0 0 0 0 MAXIMUM POINTS O6 Reviewer's Printed Name k -4 7Y Z� � Reviewer Signature li/i40K Date ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL RFP DUE DATE: NOVEMBER 13, 2008 RFP DUE TIME: 2:30 P.M. RFP # 013-2710-09/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS Susan B. Goodman Robert Howell David Nowak 3940 Majestic Palm Way 703 Enfield Rd. 1025 NW 6th Drive Delray Beach, FL 33445 Delray Beach, FL 33444 Boca Raton, FL 33486 Telephone: 561-495-6433 Telephone: 561-665-0558 Telephone: 561-.347-0839 FEES FOR PROGRAMS, CLINICS, DRILLS 30% 32% 20% & LESSONS SUBMITTED % OF REVENUE COLLECTED FOR 0% 25% 20% RACQUET STRINGING SERVICES # OF RFP PROPOSALS 1 1 1 SUBMITTED THREE (3) COPIES OF PROPOSAL ORIGINAL NO COPIES ORIGINAL & 2 COPIES ORIGINAL & 2 COPIES SUBMITTED RESUME TDR -ERPF SUBMITTED YES YES ----- TZEQUTRED GERTiFiCr YES MEMBERSHIPS SUBMIT] ED STATEMENT OF QUALIFICATIONS YES YES YES SUBMITTED I ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL RFP DUE DATE: NOVEMBER 13, 2008 RFP DUE TIME: 2:30 P.M. RFP # 013-2710-09/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS Susan B. Goodman Robert Howell David Nowak 3940 Majestic Palm Way 703 Enfield Rd. 1025 NW 6th Drive Delray Beach, FL 33445 Delray Beach, FL 33444 Boca Raton, FL 33486 Telephone: 561-495-6433 Telephone: 561-665-0558 Telephone: 561-.347-0839 ANTI -KICKBACK AFFIDAVIT YES YES YES SUBMITTED NON COLLUSION AFFIDAVIT YES YES YES SUBMITTED CONFIRMATION OF MINORITY YES/YES A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG-FREE YES YES YES WORKPLACE SUBMITTED SCHEDULE OF SUB -CONTRACTORS YES YES YES SUBMITTED COMMENTS "CERTIFICATE USTPA 1980 ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL RFP DUE DATE: NOVEMBER 13, 2008 RFP DUE TIME: 2::30 P.M. RFP # 013-2710-09/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS Barry H. Sheiber 211 Via d'Este, ste 2006 Delray Beach, FL 33445 Telephone: 561-715-1888 FEES FOR PROGRAMS, CLINICS, DRILLS 30% & LESSONS SUBMITTED % OF REVENUE COLLECTED FOR _ 10% RACQUET STRINGING SERVICES 1 # OF RFP PROPOSALS SUBMITTED THREE (3) COPIES OF PROPOSAL _ ONE ORIGINAL_ SUBMITTED LIS 1 01- ;ES SUBMITTEI RESUME AND/017-PRIOR EXPERIENCE— SUBMIT I ED YES MEMBERSHIPS SUBMITTED YES STATEMENT OF QUALIFICATIONS SUBMITTED ANTI -KICKBACK AFFIDAVIT YES SUBMITTED N FIDAVIT NON COLLUSIOAF YES SUBMITTED I ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL RFP DUE DATE: NOVEMBER 13, 2008 RFP DUE TIME: 2:30 P.M. RFP # 013-2710-09/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS Barry H. Sheiber 211 Via d'Este, ste 2006 Delray Beach, FL 33445 Telephone: 561-715-1888 CONFIRMATION OF MINORITY YES OWNED BUSINESS CONFIRMATION OF DRUG-FREE YES WORKPLACE SUBMITTED SCHEDULE OF SUB -CONTRACTORS YES SUBMITTED COMMENTS ` PROFESSIONAL AGREEMENT FOR "ANNUAL CONTRACT FOR A USTPA CERTIFIED TENNIS PROFESSIONAL" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Robert Howell, hereinafter referred to as "the professional", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The professional is retained by the City to perform TENNIS PROFESSIONAL services in connection with the project designated. 2. SCOPE OF SERVICES. Professional agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement for one year unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of one (1) year commencing on the date the Agreement is executed by the City. 5. PAYMENT The professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to professional for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by professional shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Professional shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The professional may submit invoices to the City once per month during the progress of' the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the professional in the amount approved. d. Final payment of any balance due the professional of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the professional in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The professional shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with professional's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the professional. 9. INSURANCE. The professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The professional and the City agree that the professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither professional nor any employee of professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to professional, or any employee of professional. 11. COVENANT AGAINST CONTINGENT FEES. The professional warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the professional any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or CA -2 otherwise recover, the full amount of such fee, commission. percentage, brokerage. fee. or contingent fee. DISCRIMINATION PROHIBITED. The professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin. religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the professional. b .In the event of the death of a member, partner or officer of the professional, or any of its supervisory personnel assigned to the project, the surviving members of the professional hereby agree to complete the work under the terms of this Agreement, it' requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach % Virginia Shea P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to professional shall be sent to the following address: Robert Howell 703 Enfield Rd. Delray Beach, FL 33445 IS. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the professional and supersedes all prior negotiations, representations, or agreements written or oral. This CA_ 3 agreement may be amended only by written instrument signed by both City and the professional. DATED this day of CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney Rev. 1/22/91 CA -4 Title 20 Professional (Corporate Seal) Attest/Authenticated: Secretary EXHIBIT ``A - SCOPE OF SERVICES Section III Background Information: The Tennis Center includes seventeen (17) Har -Tru and four (4) composite courts, restrooms.. and a pro shop. Approximately 1500-2000 patrons visit the Tennis Center each month. Individuals or families may become annual permit holders, which allows them to play at a reduced rate. During the fiscal year 2007-08 (October — September), 153 permits were sold. The Tennis Center is owned by the City of Boynton Beach. The City is looking to enter into an agreement with a successful Tennis professional where a percentage of the fees are retained by the City as described in the RFP, under the General Information and Selection Criteria section. Section IV - Scope of Services • Provide professional tennis instruction for all groups and levels of play at a reasonable fee. Professional may use up to four (4) Har -Tru courts for instructional services. • Provide professional tennis instruction, clinics, drills throughout the week including week days, week nights and weekends according to schedules and appointments. • The professional must be a member of the United States Tennis Association (USTA), and must be a certified United States Professional Tennis Association (USPTA) Master professional, professional 1 or professional 2. If the professional plans to use assistants, they must be USPTA teaching certified. professional 3 or Developmental Coaches. If the professional plans to use assistants, whether they are assisting during the entire length of the contract or if they are teaching on a temporary basis, the assistants must abide by all terms and conditions of this contract. • The City is seeking a tennis pro who can provide racquet stringing services on site and will offer the City a percentage of revenue collected for the service to patrons. Please state the amount in your proposal. • The professional must provide a certificate of insurance to the City's Risk Manager. (See attached advisory form) • The professional must plan for and host one new local or club (Tennis Center) tournament by organizing and conducting said tournament during the center's operational hours. The City will collect all entry fees and retain 30% of the gross revenue. Professional will be paid 70% of gross revenue immediately following the tournament and is responsible for all expenses pertaining to the tournament. EXHIBIT "A" SCOPE OF SERVICES Staffing, for said tournament including any necessary overtime for maintenance or clerical assistance, must be paid by the professional. Overtime rate is a flat $35 per hour for both maintenance and clerical assistance. The professional and any assistants or support personnel shall complete a national background history check which the City will process. City shall retain the right to prohibit anyone from working at the tennis center based on the results of the background check. • The professional must assist City in conducting one United States Tennis Association (USTA) sanctioned youth tennis tournament by acting as Tournament Director, for which the pro will be paid a flat fee of $200 per day for the number of days of the tournament. • The Tennis professional must give ten hours of time during the period of the contract in volunteer hours for charity event(s). • The Tennis professional must provide tennis related instruction through a full twelve month period from the date of signing the contract until the end of the contract. • Professional may use up to four (4) Har -Tru courts for instructional services. More courts may be made available based on approval by the Tennis Center supervisor. • The City will pay the primary professional only. If the professional plans to use assistants, the professional will be responsible for paying any other certified assistant(s) who provide patron services. • A fee schedule of all lessons, programs, activities and other tennis related services must be submitted to the Recreation and Parks Department for final approval within one week of the ratification of the contract for the first year and continue thereafter on an annual basis. • The fees charged must be competitive with similar tennis services in our area and will be reviewed by City staff prior to approval. Any changes to the fee schedule during this contract period must be submitted to the Recreation and Parks Director or his designee for review and approval prior to being implemented. • The professional may set fees for programs, clinics, drills and lessons with approval of the City. All activity fees will be collected by the City. The professional must state the amount in the proposal. The City will retain the surcharge for all non-residents. • Instructional fees for non-residents will be a minimum of 25% above the fee for residents. A minimum charge to non-residents of $3.00 above the resident fee will be set for programs and services priced under $12.00. The fee will be set and retained by the City. EXHIBIT "A" SCOPE OF SERVICES • The City will pay the professional on a bi-weekly: basis according to the contracted percentage of lessons and programs. The professional will check in with City staff each, day to update their program schedules, check for phone messages, check for or mak- cancellations. • The Professional will be responsible for direct communication with his/her patrons/clients concerning specifics about lessons, program and activities. Confirming schedules with City staff is important so that staff can communicate with patrons concerning their reservations. • City staff must provide customer service to patrons, to collect fees, arrange and cancel daily activities and lessons, assist with scheduling and taking phone messages. City staff will not provide clerical assistance directly to the professional. • Fees for services charged to patrons are to be paid in the pro -shop to City staff prior to the patron participating in any lessons, programs, activities and other tennis related services. Professionals are not permitted to receive money directly from permit holders or guests. • The professional is to provide patrons and staff of the Tennis Center with a positive tennis experience. Patrons and staff will be treated courteously and respectfully. The professional shall be patient and polite when dealing with patrons and staff regardless of the circumstance. • Children under the age of 12 should be supervised by an adult when on property. Professionals will assist staff with insuring that patrons abide by all rules of the facility. Maintenance and General Operation of the Tennis Center: • The professional shall be responsible for notifying the City of any maintenance related concerns that do not meet or satisfy the standards adopted and/or applied by the United States Tennis Association. • The City shall maintain the Tennis Center, which includes the tennis courts, windscreens, fencing, lighting, landscaping and irrigation. No adjustments will be allowed to irrigation without approval of the Recreation & Parks Tennis Center supervisor. Equipment: • The professional is to provide to the City a monthly service charge for use of city equipment (baskets, balls, tubes, etc.) at a cost of $50 per month or the professional can provide his/her own equipment. The City will not have available storage space for other than City owned equipment. EXHIBIT "A" SCOPE OF SERVICES • The professional will be responsible for providing all necessary supplies that are needed as part of the lessons, programs, activities and other tennis related services being organized. If supplies and/or equipment are needed as part of the lessons, programs, activities and other tennis related services, the cost shall be deducted from the gross revenue collected as part of the participation fee(s) for said lessons, programs, activities and other tennis related services. Signage/Advertising: • No signs, advertising materials, posters or other such materials are permitted without written permission from the Recreation and Parks Director or his designee. • The City shall promote all tennis lessons, programs and activities (with the exception of pro -shop operations) through its various marketing tools, including Funfare! Magazine, media releases and flyers using standardized formats for these tools. The professional will be responsible for meeting print deadlines for all programs offered. Hours and Dates of Operations: • The Tennis Center is opened year round with the exception of Thanksgiving, Christmas, Easter and July 4th. • Hours of operation are Monday — Thursday, 8 a.m. — 9 p.m., Friday, 8 a.m. — 4 p.m., Saturday and Sunday, 8 a.m. — 1 p.m. These are the hours that the facility is available for lessons, programs, activities and other tennis related services provided by the professional. The professionals shall conduct lessons, programs, activities and other tennis related services only during operational hours. Terms of Agreement: • The agreement shall be for a period of one (1) year with an option to renew for an additional two (2) one (1) year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City of Boynton Beach. • The City shall collect a percentage of all fees based on submitted proposals that are related to lessons, programs, activities, tournaments and other tennis related services EXHIBIT "A" SCOPE OF SERVICES (see Scope of Services/Conditions and Specifications) being organized by professional. Professional is responsible for supplies or equipment that must be purchased as part of that activity. • If the agreement is extended for two (2) additional (1) year periods, the percentage of fees retained by the City may be renegotiated and mutually agreed upon by both parties. • The City reserves the right to terminate the contract ten (10) days after delivery of written notice of such termination and reason(s) for the termination. Such reasons can include, but are not limited to the following examples: a. Discourteous actionsibehaviors toward patrons or staff b. Poor quality instruction c. Failure to cooperate with staff, negative comments toward staff, Tennis Center or City of Boynton Beach. d. Action bringing discredit to the City e. Involvement of professional in illegal activity f Not charging current lesson amount for actual time on court General Information and Selection Criteria: The response should be designed to portray to the City how the professional's range of experience and qualifications can best provide the City with a "ONE-YEAR CONTRACT FOR TENNIS LESSONS, PROGRAMS, ACTIVITIES, TOURNAMENTS AND OTHER TENNIS RELATED SERVICES AT THE BOYNTON BEACH TENNIS CENTER". In order to evaluate responses the following information should be included: a. Experience of the professional with similar activities. b. Evidence of United States Professional Tennis Association (USPTA) rating of professional and assistants. c. Previous experience in USTA team management, organizational and coaching skills. EXHIBIT "A" SCOPE OF SERVICES d. The Tennis pro will provide racquet stringing services on site and proposes to retain `% of the revenue collected for each racquet that is strung, and the City will retain the remaining %. e. Experience and ability to organize and implement tennis tournaments for all skill levels and abilities. f. For all Tennis instruction and related services, including lessons, clinics, camps or drills being offered by the Tennis professional, he/she proposes to retain % and the City will retain the remaining % of the service fee. Response to Request for Proposal from USPTA Certified Tennis Professionals to provide services and instruction at the Boynton Beach Tennis Center located at 3111 South Congress Avenue Boynton Beach, Florida RFP # 013-2710-09/CJD Submitted by: Robert "Bob" J. Howell, President 703 Enfield Road Delray Beach, FL 33444 Cell 561-665-0558 Home Office 561-266-9126 Email: bhowe117895@bellsouth.net Date: November 12, 2008 Table of Contents Cover Page.....................................................1 Table of Contents............................................2 Executive Summary.........................................3 Technical Information......................................4 Quality Program..............................................4 References...................................................... 5 List of Additional Services, when selected ............ 5 Personnel and Qualifications/Resume..................6 Documents USPTA & USTA cards Section C Items in Appendix A: pages 21 to 30 Section IV — Scope of Services ............................10 Fees Renewal & Revitalization of Boynton Beach Tennis Center Signature Page.................................................12 Executive Summary Bob Howell will provide United States Tennis Professional Association certified tennis professionals' instruction and services at the Boynton Beach Tennis Center located at 3111 South Congress Avenue, in Boynton Beach, Florida. Teaching and coaching to be provided are professional tennis instruction of private and semi -private lessons, adults player development programs, junior and pee wee player development programs, cardio tennis clinics and team drills offered throughout the week including weekdays, week nights, and weekends. In addition the services of the pro shop for stringing racquets and selling of tennis products will be offered. We will offer the services of two USPTA certified staff members and one subcontractor, who is certified. The staff will include Bob Howell, a USPTA Professional #1 and member of the USTA, who offers 30 years of demonstrated, successful experience and provides a proven record of accomplishments as the Tennis Professional and Manager at the Boynton Beach Tennis Center from 1979 to 2007. His teaching experience includes individual and group lessons and instructing beginners, as well as nationally - ranked players. He has managed special annual tournaments events, for example, USTA Gulfstream Designated Boys & Girls Championships for over two decades at the Boynton Beach Tennis Center. The staff will also include another USPTA Professional who also has successful and outstanding experience in teaching programs for children and adults. Resume(s) will be supplied as appropriate. As the situation warrants, a third instructor will be added. The suppliers to the pro shop will be Wilson Sports, Prince, Head, Rocky Mountain Sports, Tennis Supply and others. Section B (continued) Technical Information Approach to organization/management Our management staff will conduct an administration based on the following core values: Integrity, Responsibility, Customer Service and Stewardship. The responsibilities of the tennis contractor and his staff will be to adhere to the highest professional standards of conduct. The team will ensure safety through overseeing court conditions and during the course of lessons ensuring the safety of the student. Relations with the general public will always be friendly, prompt, courteous and respectful. The professional and his staff will provide a positive tennis experience to all patrons. To ensure these goals our professional tennis team is totally committed to these principles. Complaints will be resolved immediately through direct contact with the person to resolve the matter effectively and promptly. The professional tennis team will have weekly staff meetings to ensure continued excellence in employee performance and training. These weekly meeting also will be used to accomplish timely initiative and completion of all work. We will also establish an open relationship of continuing communication to the City of Boynton Beach. Quality Program The tennis contractor and his staff will ensure the highest quality tennis programs by taking 10 hours of continuing education credits per year offered through the USPTA and USTA at its meetings, seminars, workshops and through its on-line electronic and print materials. Completion of the continuing education credits are an effective measuring system to ensure continuous improvement, along with the manager's observations and customer satisfaction feedback. References Three references of Bob Howell John Joyce 561-488-6996 Director of Tennis, Boca West Country Club Anne Brown 386-671-8942 USTA Florida Kevin McCarthy 954-344-1840 Director of Tennis, Coral Springs Tennis Center List of Additional Services The following is a list of additional services that will be provided if selected by the City of Boynton Beach and these services have not been stated in the RFP. • Tennis summer and holiday camp for juniors; • Free stroke of the week for adults; • Free wheel chair clinics and in -club league; • Free junior tennis round robins; and • Free lesson donations for charities. Personnel and Qualifications See resume included. USPTA and USTA membership cards of Robert Howell are included. Resumes of additional staff will be supplied as appropriate. Note: There are no lawsuits against the professionals named. Section IV - Scope of Services We will provide racquet stringing services on site. We offer the City 25% of the gross revenue from racquet stringing services. Certificate of Insurance—a copy of a USPTA Certificate of Insurance up to $1 million is forthcoming from the USPTA and will be provided upon selection. The Professional will plan and host one new local or club (Tennis Center) tournament by organizing and conducting said tournament during the center's operational hours. The City will collect all entry fees and retain 32% of the gross revenue. Professional will be paid (68%) of gross revenue immediately following the tournament and is responsible for all expenses pertaining to the tournament. Professional agrees with these terms. The Professional agrees to assist City in conducting one United States Tennis Association (USTA) sanctioned youth tennis tournament by acting as tournament director, for which the pro will be paid a flat fee of $200 per day for the number of days of the tournament. The Tennis Professional agrees to donate ten hours of time during the contract period in voluntary hours for charity events. Fees Adult Private Lessons $55 an hour; Non-resident 25% more Adult Primate Lessons $30 half hour; Non-resident 25% more Adult Clinic $14 an hour (minimum 4); Non-resident 25% more League Team Drills $60 per pro for 90 minutes Junior and Pee Wee Private Lessons $45 an hour; Non-resident 25% more Junior and Pee Wee Private Clinics: 2 Jrs. $30 each - Total $60; Non- resident 25% more Junior and Pee Wee Private Clinics: 3 Jrs. $21 each -Total $63; Non- resident 25% more Junior and Pee Wee Private Clinics: 4+Jrs. $14 - Total $56; Non-resident 25% more Junior and Pee Wee Clinics $12 per hour Plan calls for Renewal and Revitalization of the Boynton Beach Tennis Center More members, more players, more clinics and more fun with Tennis! Bob Howell is very devoted to the renewal and re -vitalization of the Boynton Beach Tennis Center, which had 400 annual memberships when he left the Center after 28 years of service on October 1, 2007. Today the Center only has 153 members and it programs and clinics have diminished terribly. Bob Howell is enthusiastic about tennis and offers a demonstrated record of teaching tennis and showing young and mature players to begin and continue to love the game of tennis. Bob Howell, the USPTA Professional #1 and his team embodies the Boynton Beach Recreation and Park Department goal of "We make life fun!" To accomplish the goal of renewal and revitalization Bob Howell will plan to host a number of activities including a Fall and Spring Open House on Saturday, when residents and non-residents may come and ask questions about the junior and adult programs, league drills and future activities and the advantages of membership and membership discounts. In addition, Bob Howell will plan on offering a variety of new clinics and programs, depending on interest and enrollments, such as Junior Development Programs such as Quick Start Little Tennis for ages 5 to 7 and 8 to 11; Aces - a beginner program on basic strokes, playing points and scoring and match preparation; Smashers for intermediate and advanced intermediate with an emphasis on stroking skills, intro to mental and playing skills, tactical awareness and ladder competition, Rippers: Competition drilling, sound footwork, control, power, accuracy and matches. Adult Cardio Tennis programs in the evenings — Strictly Serious Stuff, extreme tennis workout —Intermediate. Adult Tune -Up Your Tennis — Intermediate Basics for Beginners Stroke Production for the Intermediate Player Doubles Strategy for Intermediate & Advanced Players Saturday or Sunday Morning Stroking by performance groups: Low/LOW Intermediate; Intermediate; and Intermediate/Advanced Plus Thank you for your consideration and we look forward to hearing from you. Respectfully submitted, Robert "Bob" J. Howell Professional #1 Member USPTA 703 Enfield Road Delray Beach, FL 33444 Cell 561-665-0558 Home Office 561-266-9126 Robert "Bob" J. Howell Tennis Professional and Center Manager Boynton Beach Tennis Center for 28 years Current Position: USPTA # 1 Professional/Div. Coach Boca Raton Swim & Racquet Center 21626 St. Andrews Blvd. Boca Raton, FL 33433 Office 561-367-7095 Summary: Home: 703 Enfield Road Delray Beach, FL 33444 561-266-9126 Cell 561-665-0558 Email:bhowe117895@bellsouth.net 1979 to 2008 Robert J. Howell, USPTA Tennis Professional, offers 30 years of demonstrated, successful experience and provides a proven record of accomplishments at the Boynton Beach Tennis Center since 1979. He is a Professional #1 Member of the United States Professional Tennis Association. His teaching experience includes individual and group lessons and instructing beginners, as well as nationally ranked players. Goal: To serve as an outstanding, experienced Tennis Professional and Tennis Director with an emphasis on teaching programs for all ages. Professional Experience: Manages Tennis Center of 21 courts and its facilities and grounds with 400 members and an operating budget of $240,000. Responsible for professional, management and administrative work directing activities and programs of tennis professionals and support staff. facility maintenance, and operation of concessions and related activities. Establishes and enforces all rules and regulations for the Tennis Center and operating policies for the pro shop and concessions. Professional 41 member, United States Professional Tennis Association. Proven track record of USTA team management, organizational and coaching skills. Supervises and conducts a highly skilled teaching program including juniors and seniors, and conducts clinics to promote the Tennis Center and introduce new players to the game. Management responsibilities include comprehensive knowledge of expense control of service payroll and forecasting/budgeting of expenses. Extensive experience with purchasing and inventory systems. Robert "Bob" I Howell Page Two Establishes and maintains effective communications and productive working relationship with supervisors, subordinates, employees, other agencies, and all Center members and participants. Projects a positive, professional impression when dealing with all Tennis Center participants and the general public. Exemplifies strong interpersonal communications and diplomatic skills to foster relations with members, guests and employees. Demonstrates effective oral and written communication skills and conveys information clearly and concisely. Participates in management courses and USPTA training programs and seminars earning continuing education/career development credits to keep current on techniques and methodologies. Learns quickly and adjusts well to new methods, conditions and change. Manages special annual tournament events, for example, USTA Gulfstream Designated Boys & Girls 10 Championships. Strong computer literacy including Microsoft Word, Excel, Outlook and Internet. Experienced with Rec-Track system and the USTA TDM for sanctioned tournaments. Awards and Commendations: Recognition for years of service as Tennis Professional and Tennis Center Manager from the City of Boynton Beach and USPTA. USPTA recognition for dedication to self-improvement in tennis - teaching, business and management skills. USPTA certificates for excelling in career development by earning credits annually. Letters of appreciation for teaching tennis range from individual students and school children to professional organizations and community groups. Memberships: USPTA, USTA, Boynton Beach Chamber of Commerce and Delray Beach Chamber of Commerce. Prior Experience 1975 to 1979 Head Tennis Professional, Wellington Country Club, Wellington, Florida Education B.S., Stockton State College, Pomona, New Jersey Bachelor of Science degree earned in Business Administration with concentration in marketing and economics. Bob H ONOW M� 55Z e##lam ,Aj • Oval1 -pr©tes -Te I VI. -CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Commission Meeting Dates Turned in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) Requested City Commission Date Final Form Must be Meeting Dates Turned in to City Clerk's Office ❑ ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 Announcements/ Presentations ❑ Administrative ® Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ❑ New Business ❑ Legal ❑ Unfinished Business RECOMMENDATION: Approve the piggy -back of State Contract #600-760-07-1 for Mail Processing Equipment to Pitney Bowes in the amount of $41,422.80 for a 60 -month lease to include equipment, meter, hardware and software maintenance, postage -by - phone reset fees, scale/rate update fees, installation and training. The State of Florida complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach's requirements. EXPLANATION: The current lease with Pitney Bowes on the postal meter for the City of Boynton Beach will expire on May 30, 2009. The quote from Pitney Bowes for the new lease is $690.38 per month utilizing the State Contract pricing. By moving forward with this option and issuing a purchase order in January, the new lease would start February 28, 2009, thereby eliminating the last three months of the existing lease and our savings would start immediately. The sales representative for Pitney Bowes has recommended Model #DM1100 to handle the volume of mail we process. Under the current lease with Pitney Bowes, City Clerk Janet Prainito is satisfied with the service provided and would like to continue doing business with Pitney Bowes. The disposal of the current machine would take place simultaneously upon installation and training of the DM1100. There would be no down time. PROGRAM IMPACT: The purpose of this lease is to have a postage machine on the premises to post the City's mail as opposed to carrying our mail to the post office everyday for processing. FISCAL IMPACT: City Hall Equipment Rental: 001-1211-512-44-30 Expenditure five -.year (60 month) lease: $41,422.80 The current equipment lease price is $843.12 monthly. The new lease price will be $690.38 per month for savings of $152.74 per month over the current lease. The reduced cost is due to a renegotiation of the State Contract for a lesser amount and a 60 -month lease as opposed to a 48 -month lease. ALTERNATIVES: The alternative to leasing the mail processing equipment ould be to carry the mail to the post office for processing. C!9Al Arw. 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CL T�ii. s DRAUME* T or MANAGElrrrr SERVICES CERTIFICATION OF CONTRACT TITLE: Mail Processing Equipment CONTRACT NO.: 600-760-07-1 ITN NO.: 10-600-760-L EFFECTIVE: February 21, 2007 — February 20, 2010 SUPERSEDES: 600-760-00-1 )! [ice nj :;ccrctar', CONTRACTOR(S): Modular Mailing Systems (A) Pitney Bowes (A) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management, contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase and lease of mail processing equipment by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. aja Authorized Signature Director of Purchasing Department of Management Services Attachments ,Z1 /Zor7 Date ontractors - Pitnev Bowes. Inc.. (A) i Mail Processing Equi1)ment State I CI -111 t'ontrLILIS t mua� Rate this Contract View Survey_ Results Pitney Bowes, Inc. (A) ORDERING INSTRUCTIONS COMPANY: PITNEY BOWES, INC. (A) Federal Identification Number: F - 060495050 ORDERING INFORMATION: Customers should direct orders for PURCHASE of equipment, accessories or supplies to: Company: Pitney Bowes, Inc. Name: Chip Davin Title: Government Account Manager Street Address: 516 Teton Street, Lake Mary, Florida 32746 E-mail Address: chir).davinO)ob.com_ Toll Free Number: 800-322-8000 ext. 22165 Cell Number: 407-221-0430 Fax Number: 203-460-9544 After hours Emergency Number: 407-221-0430 Remit Address: P.O. Box 856390 City, State, Zip: Louisville, KY. 40285 Federal ID Number: F-060495050 Customers should direct orders for LEASING of equipment to: Company: Pitney Bowes Global Financial Services Name: Chip Davin Contractors - Pitney Bowes, Inc. (A) / Mail Processing Equipment / State Term Contracts / State Contract... Page 2 of 3 Ti}'-, Government Account Manager Street Address or P.O. Box: 516 Teton Street, Lake Mary, Florida 32746 Toll Free Number: 800-322-8000 ext.22165 Ordering Fax Number: 203-460-9544 Internet Address: chir).davin@pb.com Remit Address: P.O Box 856460 City, State, Zip: Louisville, KY 40285 Federal ID Number: 20-1344287 QUESTIONS, PRODUCT INFORMATION & CONTRACT ISSUES: Primary contact person responsible for answering contract related questions and administering contract issues is: N%—e: Chip Davin Title: Government Account Manager Street Address: 516 Teton Street, Lake Mary, Florida 32746 E-mail Address: chip.davin@pb.com Phone Number: 800-322-8000 ext. 22165 Cell Number: 407-221-0430 Fax Number: 203-460-9544 After hours Emergency Number: 407-221-0430 Minority Business: no Company URL: www_pb.com/states/florida 01/12/2009 h. -JI Processing Equipment ++--//,4—, wfl�rida rnm/hncinP.RC nnPrntinnc/ctatP nirrrhacinu/vendor information/state contracts agree 1 /1 /�M9 ontractors - Pitney Bowes, inc. (A) / Mail Processing EqUipment State I erm Corntricis 17111 -1 -Ac . Other - USPS Rate Change Im_pact__on__State C_o_ ntract 600-7.60-07-1, Mail. Processing Eq_uipment . Price Sheets - Modular Mailing Systems . Price Sheets_ - Pitney_Bowes Inc_. _(_A) . Contractors - Modular Mailing Systems_A . Contractors - Pitney Bowes, Inc. (A) . Complete Contract - PDF • MxFloridaMarketPlace Users Return to _StateCon_tracts, Agreements and Price Lists Terms and Conditions I Help Desk I Privacy Statement I Accessibility I Copyright ,c)2009 Department of Management Services - State of Florida --- Division of State Purchasing 4050 Esplanade Way. Suite 360 Tallahassee, Florida 32399-0950 DEPARTMENT 1@F MANAGEMENT Tel: 850.488.8440 ervices Fax: 850.414-6122 www.dms.MyFlorida.com Governor Charlie Crist Secretary Linda H. South Date August 15, 2008 AMENDMENT NO.: (600-760-07-1)-5 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 600-760-07-1 Title: Mail Processing Equipment Substitutions of Pitney Bowes Mailing Equipment effective 9/1/2008 These items are for new acquisitions (lease or purchase.) only. The maintenance pricing for the new substituted models will remain at the old model prices. These substitutions will start on September 1, 2008. Old Item # Description New Item # Description Price SBJA / DM500 DIGITAL MAIL SYSTEM SVAA / DM525 DIGITAL MAIL SYSTEM $3,564.60 SBJE / DM550 DIGITAL MAIL SYSTEM SVAB / DM575 DIGITAL MAIL SYSTEM $5,059.60 SBTR / DM550 WOW DIGITAL MAIL SYSTEM SVAB & SBYD D575 WOW DIGITAL MAIL SYSTEM $8,447.00 SBZC / DM800i 190 NON WOW SYSTEM SVAC / DM825 DIGITAL MAIL SYSTEM $7,059.50 SFAA / DM800i 190 WOW SYSTEM SVAC & SBSY/DM825 WOW $9,849.00 SBZG / DM800i 210 NON WOW BASE SVAD / DM875 DIGITAL MAIL SYSTEM $7,976.50 SFAD / DM800i 210 WOW BASE SVAD & SBSY/ DM875 DIGITAL MAIL SYSTEM WOW MODULE $12,029.50 SBNG / DM900 NON WOW BASE SVAM / DM925 NON WOW DIGITAL MAIL SYSTEM $10,629.50 SBNK ! DM900 WOW BASE SVAN / DM925 WOW DIGITAL MAIL SYSTEM $15,118.60 SBRN / DM1000 NON WOW BASE SVAE / DM1100 NON WOW DIGITAL MAIL SYSTEM $11,410.00 SBNV / DM1000 WOW BASE SVAF ! DM1100 WOW DIGITAL MAIL SYSTEM $16,552.90 If you have any questions please call Contract Administrator: Gary T. McGee Purchasing Analyst Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 22399-0950 Phone 850-487-6592 Fax 850-414-6122 gary. incgeeC?d m s. myfl ori da. com We serve those who serve Florida. 4 DUARTMEN7 OFh A.'AGFMWT SERVICES Date April 9, 2008 AMENDMENT NO.: (600-760-07-1)-4 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 600-760-07-1 Title: I" Mail Processing Equipment 2nd New USPS Pricing 1 St Mail Processing Equipment Notice of Phase IV of USPS upcoming changes: Phase IV: Letterpress Postage Meters with Timeout Feature (xovernor Charlie t -:rest Secretary- Linda H. South Division of State Purchasing 405C Esplanade Wav, Sum: ib: Tallahassct FlnriLla 9st' (MUST BE OFF THE MARKET AND WITHDRAWN FROM SERVICE BY DECEMBER 31, 2008) Ascom) Hasler Affected Meter Models 1263 16413ZTMOS 428OTMS 1263TMS 16413ZTMS 428OTMOS 1263TMOS 17563ZTMOS 6428OTMS 17563ZTMS 6428OTMOS 5280 Pitnev Bowes Affected Meter Models B900 Fran cotyp-Postalia Affected Meter Models 8000 8100 EFS 3000 Neopost Affected Meter Models 9647 9648 9659/96596 When changing Postage Meters please note the following; Phase VI: IBI DIGITAL POSTAGE METERS: (Current preferred technology) (Ascom) Hasler Meter Models 141/145 151/152/153 155/156/157 162/163 165/166/265/266 401/481 413/414 Pitney Bowes Meter Models 1L00 1 A00/l A05/ 1 A08 P700/P705/P7L 1 /P7L5 K700/K705 1 P00/ 1 P05 1 AOT/ 1 AGT 1 MOOI1 M05 Francotyp-Postalia Meter Models XI 500/X1500CPU/X l 5000MAS X400 X30/X30OMAS Neopost Meter Models IJ25/IJ25G/IJ25P Nl81/Nl8IG N20I/N20IG/N221/N22IG N300/N30OG N901/N90IG/N92I/N92IG N94I/N94IG/N94IP/N941X (WJ 20) (WJ 60/90) (WJ 60/65/90/95/110) (WJ 135/180/215) (WJ 135/150/180/185/215/225/250) (Postlink) (PowerPost) (CYGNUS — DM500/550/800/900/1000) (COMET — DM500/550/800/900/1000) (JANUS — DM 100i) (PHOENIX — DM 200i/300i/400i) (TURBOJET) (CYGNUS X2 — DM500/550/800/900/1000) (UltiMail) (MyMail) (OptiMail) (IJ 25) (IJ 65/75/85) (IJ65/70/75/80/85/90/ 110) (IJ 105) (IJ 35/45) (IJ 35/40/45/50/60) 2nd New USPS Pricing coming May 12th, 2008!!! First -Class Mail letter (1 oz.) $ 0.42 First -Class Mail letter (2 oz.) $ 0.59 Postcard $ 0.27 First -Class Mail large envelope (2 oz.) $ 1.00 Certified Mail $ 2.70 First -Class Mail International to Canada and Mexico (1 oz.) $ 0.72 First -Class Mail International to all other countries (1 oz.) $ 0.94 Please visit USPS web site for more information at: htlp://www.usps.com/. Check the News & Alerts within the right column about center page "New Prices May 12." This may affect your procurements under the following State Term Contracts: 600-760-07- 1 for Mail Processing Equipment at: littp://'dnis.mN,florida.com/business operations/state purchasin.0/vendor information/ state contra cts agreements and price lists/state tens contracts/mail processing equipment, and 991-530- 04-1 Mail Services at: lltlp•/idnis.mvilorida.com/business operations/state_purchasing/vendor infbnnation/ state contra cts agn-eements and price lists/state term contracts/mail services. You may also want to review the State Term Contract 991-160-05-1 for Courier Services at: http://dms mvflorida com/business operations/state purchasing/vendor information/state contra cts agreements and price lists/state term contracts/courier services, as DHL is offering Globalmail. You may check out their services at: N,,-ww.dhl lobalmail.com or http://wwtiv.dhl�;lobalinall.com/. If you have any questions please call Contract Administrator: Gary T. McGee Purchasing Analyst Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Phone 850-487-6592 Fax 850-414-6122 f-,arv.mcgeeL),dms.mvflorida.com June 4, 2007 AMENDMENT NO.: (600-760-07-1)-3 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 600-760-07-1 Title: Mail Processing Equipment Governor Charlie Crist Secretary Linda H. South Division of State Group Insurance 4050 Esplanade Way, Ste 215 Tallahassee, Florida 32399-0950 850.921.4600: TEL 850.488.0252: FAX http//:dms.myflorida.com The subject contract, Mail Processing Equipment 600-760-07-1, has been amended to reflect the addition of new equipment mandated by the United States Postal Service and the deletion of obsolete equipment by Pitney Bowes. The updated information can be found in the price sheet link of the subject contract. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. CWC/ec TKE I)W'Ak1'A1en'r0f MANAGEMEM SERVICES April 17, 2007 MEMORANDUM NO: (600-760-07-1) -2 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 600-760-07-1 Title: Mail Processing Equipment The following change has been made to the subject contract: Governor Charlie C..rlSt Secretary Linda H. South Division of State Purchasing 4 `5' Esplanade Way, wire 'obi :ilL,hassec. Flonda -)� '. ,c hap'; 11115.1i11't' fi The price sheet for Modular Mailing Systems, Inc. has been updated to reflect upgrade pricing mandated by the United States Postal Service. The following additions have been made to the Modular Mailing Systems, Inc. price sheet: Base Software x2.11.3 (4MB Base Board) SBP Replacement V'JDNXT Sensor \X'JD\NT. XUISBPUPGI U rades VJ185/\X'J220/VX7J250 Online Services each, $1,945 10.0% $n1,751 Base Software 1.07 (-'MB Base Board) Replacement \VJDXXT Sensor XX'JDXXT SBP Software v4.7. %X'J185/%VJ220/uJ250 IX-ISBPUPG2 Upgrades Non -Online Services eae 5 $11945 10.00-0 S1, 51 Base Software x2.06.3 Replacement %X, JDXXT Sensor i %X'JD\XT Software v4.7. X 15UOnline SBP Services & ' WISBPUPG3 Upgrades Non -Online Services each, 51,945 10.000 S1,751 Base Software x-11.06 Replacement \X' Sensor WJDZXT Software x4.7 Feeder Software 4 v3.3 (both styles: EPROM & Flash SBP included). v, j i 15j NN i ois/' 1 XX"1SBPUPG4 Upgrades -1 W1_215 1 each 51,945 10.0", 1 S1,751 If you have any questions or problems regarding this contract, please contact the Contract Administrator, Earl Campos, at (850) 487-6592, Suncom 277-6592, Earl. Campo s(a,dms.myflorida.com. Thank you. CWC/ec I UTAKT IEJNTaFAtn�.aceME r SERVICES March 26, 2007 MEMORANDUM NO.: (600-760-07-1)-1 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 600-760-07-1 Title: Mail Processing Equipment Governor Charlic t. rise. Secretary Linda H. Knuth :office of the secretary 4050 Esplanad_ A I x Tallahassee, Florida 73^?9,� 850.485._'1 c ; rI_. s50.922.614 The Contract Administrator for this contract has been changed from Dawn Gunter to Earl Campos effective today. If you have any questions or problems regarding this contract, please contact the Contract Administrator, Earl Campos, at (850) 487-6592, Suncom 277-6592, Earl. Campos(didms.mvflori da. com. Thank you. CWC/bb TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 PURPOSE AND SCOPE. 1.2 TIMELINE. 1.3 PRE -PROPOSAL CONFERENCE. 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001-11104) 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2. 10 PERFORMANCE QUALIFICATIONS. 2.11 PUBLIC OPENING. 2.12 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.13 FIRM RESPONSE. 2.14 CLARIFICATIONS/REVISIONS. 2.15 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.16 CONTRACT FORMATION. 2.17 CONTRACT OVERLAP. 2.18 PUBLIC RECORDS. 2.19 PROTESTS. 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 3.1 CONTACT PERSON. 3.2 DEFINITIONS. 3.3 WHO MAY RESPOND. 3.4 ESTIMATED QUANTITIES. 3.5 PERIOD OF AGREEMENT. 3.6 BASIS FOR AWARD. 3.7 FIRM RESPONSE. 3.8 EVALUATION AND SECTION PROCESS. 3.9 SUBMITTAL FORMAT. 3.10 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW. 3.11 SUBMISSION OF RESPONSE. 3.12 ELECTRONIC POSTING OF RANKING - PRIOR TO NEGOTIATIONS AND UPON FINAL AWARD. 3.13 NEGOTIATIONS AND CONTRACT AWARD. 3.14 ADDENDUMS TO THE SOLICITATION DOCUMENTS. 3.15 COMPLIANCE WITH LAWS. 3.16 ORDER OF PRECEDENCE. 3.17 STATE OBJECTIVES (REV. 07/28/04). 3.18 STATE OF FLORIDA PURCHASING CARD PROGRAM. 3.19 PUBLIC ENTITY CRIME. 3.20 PURCHASED UNDER $2,500. 3.21 DOCUMENTATION BECOMES THE PROPERTY OF THE STATE. MAIL PROCESSING EQUIPMENT Page 2 of 55 3.22 NOTICE TO CONTRACTOR. 3.23 SUBSTITUTIONS. 3.24 SPECIAL SALES OFFERS. 3.25 POLITICAL SUBDIVISIONS AND OTHER COOPERATIVE PURCHASING PARTICIPANTS. 3.26 QUALITY. 3.27 BEST PRICING OFFER. 3.28 LOBBYING. 4.0 GENERAL CONTRACT CONDITIONS (PUR 1000-11/04) 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 4.8 INSPECTION AT CONTRACTOR'S SITE. 4.9 SAFETY STANDARDS. 4.10 AMERICANS WITH DISABILITIES ACT. 4.11 LITERATURE. 4.12 TRANSPORTATION AND DELIVERY. 4,13 INSTALLATION. 4.14 RISK OF Loss. 4.15 TRANSACTION PEE. 4.16 INVOICING AND PAYMENT. 4.17 TAXES. 4.18 GOVERNMENTAL RESTRICTIONS. 4.19 LOBBYING AND INTEGRITY. 4.20 INDEMNIFICATION. 4.21 LIMITATION OF LIABILITY. 4.22 SUSPENSION OF WORK. 4.23 TERMINATION FOR CONVENIENCE. 4.24 TERMINATION FOR CAUSE. 4.25 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.26 SCOPE CHANGES. 4.27 RENEWAL. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 DISPUTE RESOLUTION. 4.31 EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.32 SECURITY AND CONFIDENTIALITY. 4.33 INDEPENDENT CONTRACTOR STATUS OF CONTRACTOR. 4.34 INSURANCE REQUIREMENTS. 4.35 WARRANTY OF AUTHORITY. 4.36 WARRANTY OF ABILITY TO PERFORM. 4.37 NOTICES. 4.38 LEASES AND INSTALLMENT PURCHASES. 4.39 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.41 MODIFICATION OF TERMS. 4.42 COOPERATIVE PURCHASING. MAIL PROCESSING EQUIPWNT Paue 3 of 44 4.43 WAIVER. 4.44 ANNUAL APPROPRIATIONS. 4.45 EXECUTION IN COUNTERPARTS. 4.46 SEVERABILITY. 5.0 SPECIAL CONDITIONS 5.1 DEFINITIONS. 5.2 ELECTRONIC CATALOG DATA. 5.3 "PUNCH -OUT" ALTERNATIVE. 5.4 CONTRACTOR'S STATE CONTRACT WEBPAGE. 5.5 CONTRACT REVISIONS. 5.6 PRODUCT ADDITIONS AND DELETIONS. 5.7 DEALER CHANGES. 5.8 TRANSACTION FEE REPORT. 5.9 PRICE ADJUSTMENTS. 5.10 SALES SUMMARY REPORTS. 5.11 BUSINESS REVIEW MEETINGS. 5.12 CUSTOMER SERVICE SUPPORT. 5.13 IMPLEMENTATION OF CONTRACT. 5.14 ELECTRONIC INVOICING. 5.15 INSURANCE REQUIREMENTS. 6.0 TECHNICAL SPECIFICATIONS 6.1 ELIGIBLE PRODUCTS. 6.2 PRODUCT AND PERFORMANCE STANDARDS. 6.3 OPTIONAL RELATED ACCESSORIES. 6.4 PRICING. 6.5 ORDERS. 6.6 DELIVERY. 6.7 INSTALLATION. 6.8 WARRANTY. 6.9 DEALERS AND SERVICE FACILITIES. 6.10 SERVICE AND RESPONSE TIME. 6.11 REPLACEMENT PARTS. 6.12 EQUIPMENT RELIABILITY/NON-PERFORMANCE. 6.13 TECHNICAL DOCUMENTATION. 6.14 TRAINING. 6.15 EQUIPMENT MANUAL. 6.16 PURCHASE AND LEASE PROVISIONS. 6.17 MAINTENANCE AGREEMENT. 6.18 REQUIRED CERTIFICATION. 6.19 BALANCE OF PRODUCT LINE. 6.20 EQUIPMENT SERIAL NUMBERS. 6.21 POSTAGE METERS. MAIL PROCESSING EQUIPMENT Page 4 of 55 SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE. 1.2 TIMELINE. 1.3 PRE -PROPOSAL MEETING 1.1 Purpose and Scope The State of Florida ("State"), Department of Management Services ("Department"), Division of State Purchasing, invites interested companies to submit a response in accordance with these solicitation documents. The purpose of this solicitation is to establish a thirty-six (36) month State Term Contract for the purchase and lease of mail processing equipment with the potential option for renewals as allowed by Chapter 287, Florida Statutes. The intent is to obtain the most competitive pricing for mail processing equipment for the State of Florida while maximizing the quality and level of service. Qualified companies must have the capability to provide products and service in all respects in accordance with the solicitation documents. 1.2 Timeline Respondents should review and become familiar with the Event Timeline. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of the respondent to check for any changes. All changes to the Timeline will be made through an addendum to this solicitation and posted within the Vendor Bid System and MyFloridaMarketPlace eProcurement sourcing tool. Event Event Date Launch solicitation G 8/25/06 Pre -Proposal Meeting (non -mandatory) ! 9/1/06 at 1:00 p.m Deadline for questions from Bidders 9/8/06 at 5:00 p.m. Date answers will be posted to MFMP in response to questions received, in an Addendum format 9!13/06 A Date solicitation is open to Contractors to submit their response online. 9/13/06 Date solicitation responses are due 9/27/06 at 4:00 .m. Evaluators begin review of ITN responses 1,10/9/06 to 10,125/06 Evaluators scoring session and formulation of recommendation 10/26/06 at 8:00 a.m. Formal posting of Contractor rankings 10'27/06 Oral presentations held (qnty and Contractors determined by selection committee) l 1!2/06 at 9:00 a.m. Final Scoring Session held 11 /2/06 Formal posting of Final ranking among top responses 11 /3/06 Obtain approval from agency to commence negotiations 11/6/06 to 11,'10/06 Commence negotiations with one or more firms J 1 1 /13/06 Complete negotiations 12/15/06 ..ivu Post Notice of intended Award _ _ 2i"i K'06 Contract is awarded 12/22/06 _ Contract is implemented (current contract ends 2/20/07) MAIL PROCESSING EQUIPMENT Pace 5 of Note: Although the system allows responses to be submitted once the "start period" commences, it is strongly recommended that Contractors wait until answers to the questions have been posted to MFMP to ensure that no significant changes have been made to solicitation that would affect the Contractors response. 1.3 Pre -Proposal Conference A non -mandatory Pre -Proposal Conference will be held on September 1, 2006 at 1:00 p.m. Meeting will be held at the Department of Management Services, Division of State Purchasing, Conference Room 101, located at 4050 Esplanade Way, Tallahassee, FL 32399-0950. Attendance is encouraged, but is not mandatory. To access meeting via the conference call number, call 850/410-0968 at meeting time. MAIL PROCESSING EQUIPMENT Page 6 of 55 SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PURI 001) CONTENTS 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10 PERFORMANCE QUALIFICATIONS. 2.11 PUBLIC OPENING. 2.12 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.13 FIRM RESPONSE. 2.14 CLARIFICATIONS/REVISIONS. 2.15 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.16 CONTRACT FORMATION. 2.17 CONTRACT OVERLAP. 2.18 PUBLIC RECORDS. 2.19 PROTESTS. 2.1 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a. "Buyer" means the entity that has released the solicitation. b. "Procurement Officer" means the Buyer's contracting persomiel, as identified in the Introductory Materials. c. "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. d. "Response" means the material submitted by the respondent in answering the solicitation. e. "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 General Instructions Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic si�cynature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response, generally; • an electronic signature on any form or section specifically calling for a signature; MAIL PROCESSING GQt'IPMENT Page 7 of SS and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000) and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 2.19 of these Instructions. 2.6 Conflict of Interest This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 2.7 Convicted Vendors A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; MAIL PROCESSING EQUIPMENT Page 8 of 55 • being awarded or performing work as a contractor. supplier, subcontractor, or consultant under .> contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 Discriminatory Vendors An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity • be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 Respondent's Representation and Authorization In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, cotntmunication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the finn and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of' owner, partner. director, officer, principal, investigator, project director, manager, auditor, or position involvinL, the administration of federal funds: MAIL PROCESSING EQUIPMENT Pale 9 of 55 o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 Performance Qualifications The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.11 Public Opening Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1) (b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation MAIL PROCESSING EQUIPMENT Page 10 of 55 opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay, Service at (800) 955-8771 (TDD). 2.12 Electronic Posting of Notice of Intended Award Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at lhtip:/fcn state fl us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.13 Firm Response The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.14 Clarifications/Revisions Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.15 Minor Irregularities/Right to Reject The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.16 Contract Formation The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.17 Contract Overlap Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 118 Public Records Article 1, Section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its MAIL PROCESSING EQUIPMENT PaLe 1 I of � response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.19 Protests Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code requires that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." MAIL PROCESSING EQUIPMENT Page 12 of 55 SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS 3.1 CONTACT PERSON. 3.2 DEFINITIONS. 3.3 WHO MAY RESPOND. 3.4 ESTIMATED QUANTITIES. 3.5 PERIOD OF AGREEMENT. 3.6 BASIS FOR AWARD. 3.7 FIRM RESPONSE. 3.8 EVALUATION AND SECTION PROCESS. 3.9 SUBMITTAL FORMAT. 3.10 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW. 3.11 SUBMISSION OF RESPONSE. 3.12 ELECTRONIC POSTING OF RANKING — PRIOR TO NEGOTIATIONS AND UPON FINAL AWARD. 3.13 NEGOTIATIONS AND CONTRACT AWARD. 3.14 ADDENDUMS TO THE SOLICITATION DOCUMENTS. 3.15 COMPLIANCE WITH LAWS. 3.16 ORDER OF PRECEDENCE, 3.17 STATE OBJECTIVES (REV. 07/28/04). 3.18 STATE OF FLORIDA PURCHASING CARD PROGRAM. 3.19 PUBLIC ENTITY CRIME. 3.20 PURCHASED UNDER $2,500. 3.21 DOCUMENTATION BECOMES THE PROPERTY OF THE STATE. 3.22 NOTICE TO CONTRACTOR. 3.23 SUBSTITUTIONS. 3.24 SPECIAL SALES OFFERS. 325 POLITICAL SUBDIVISIONS AND OTHER COOPERATIVE PURCHASING PARTICIPANTS. 3.26 QUALITY. 327 BEST PRICING OFFER. 3.28 LOBBYING. 3.1 Contact Person Refer all inquiries to: Barb Carter, CPPB, Purchasing Analyst Department of Management Services, Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Phone: 850-487-6592 Fax: 850-414-6122 Email: Barb.Carterur�dms.mvflorida.com 3.2 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a. "The Department" means the Florida Department of Management Services. b. "Procurement Officer" means the Buyer's contracting personnel, as identified in Section 3.1. MAIL PROCESSING EQurPMENT Pa�-,e 13 01'5^ c. "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the manufacturer's recommended retail selling price for a specific item, or list of items, and must be publicly listed, available, and verifiable by the Department. In the event a Contractor does not create, maintain, or utilize MSRP for specific Commodities within this solicitation, that Contractor may use their Government Book Price as the MSRP for those specific Commodities. The Contractor must use the MSRP or Government Book Price for all items within a specific Commodity and shall not use both within the same Commodity. d. "Government Book Price" represents the manufacturer's pre -determined selling price for a specific item, or list of items, to all non -contracted government entities. e. "Eligible Users" is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History —New 8-24-04. Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. f. "Contractor" means any person who contracts to sell commodities or contractual services to an agency. 3.3 Who May Respond Fully capable manufacturers and/or authorized dealers who are regularly engaged in the production and sale of mail processing equipment and who are in good standing with the State of Florida, meet the terms, conditions and specifications of the solicitation, and which possess the financial capability, experience and resources to provide products and services of the scope and breadth described in this ITN. Successful contractor(s) must have the ability to supply and service equipment to state agencies and other eligible users (i.e. political subdivisions) as requested, regardless of geographic location within the State of Florida. Manufacturers who bid may use their authorized dealer network to fulfill the requirements of the contract, however, in each and every case, the manufacturer, not the distributor, will be held accountable for contract related issues under the Contract (sales, service, billing, etc.) and shall be the focal point for all performance issues. Only the authorized dealers listed in the solicitation response will be eligible to provide products on behalf of the manufacturer through a contract derived by this solicitation. Dealers who bid or are listed as an authorized reseller must have sold and serviced proposed brand of equipment for a minimum of two (2) consecutive years. By submitting a response, each Respondent is certifying that they satisfy all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, any additional supporting information and/or documentation that may be required for evaluation purposes. Failure to supply supporting information and/or documentation within the timeframe requested may result in disqualification of bid. The Department and Other Eligible Users retain the right to request additional information pertaining to the Respondent's ability and qualifications to accomplish all services described in this ITN as deemed necessary during the ITN or after contract award. 3.4 Estimated Quantities Historically State of Florida agencies and other eligible users have expended approximately five million dollars ($5,000,000) annually for the acquisition of products and services covered in this ITN. Past MAIL PROCESSING EQUIPMENT Page 14 of 55 expenditures are no guarantee of future sales. 'These estimated figures are given only as a guideline fol, preparing your ITNI response and should not be construed as representing guaranteed sales under the contract. 3.5 Period of Agreement This agreement shall be in effect from the start date of the contract for an initial period of thirty-six (36 months, with options to renew for three (3) additional twelve (12) month periods. Renewal is contingent upon satisfactory performance by the Contractor, current market conditions and the State's desire to renew the contract. 3.6 Basis for Award The Department will evaluate and rank responses against all evaluation criteria set forth in the solicitation and shall select, based on the ranking, one or more Respondents with which to conmzence negotiations. After negotiations are conducted, the Department shall award the contract to the most responsible and responsive Respondent(s) that the Department has determined will provide the best value to the State. The Department Secretary will make the final award decision. The Department reserves the right to award by line item, product group or overall to a single respondent on a statewide basis if it is determined that doing so will serve the State's best interest. It is the intent of the Department to award to no more than 1 to 2 Contractors, maximum. The Department reserves the right to accept or reject any and all responses, or separable portions, and to waive any minor irregularities, technicality, or omission if the Department determines that doing so will serve the State's best interest. The Department reserves the right to reject pricing that is greater than pricing offered on the current awarded State Contract or other potential Customers (e.g., city, county, university, GSA federal contracts). Current state contract pricing may be viewed at the following website: http•//dms mvflorida cotii/dms/pureliasing/state contracts aereements and price lists/state term contrac is/mail nrocessinQ equipment. 3.7 Firm Response The Department may make an award within one -hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within one -hundred and eighty (180) days, the response shall remain firm until either the Department awards the contract or the Department receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 3.8 Evaluation and Selection Process i i r the _ f the Respondent's L......:aa..l ,7.... cc .'al_ G�A1LLAt1o11 will CVLISWt UL 111C revleW d.1-1LL a.�Se�Dtlleilt 01 utc �uvir_>_tuai in aCCi�ruau�c writ Section 3.9, Submittal Format. Top scoring Respondents may be invited to negotiations of the Respondent's offerings and pricing proposal. MAIL PROCESSING EQI �IPMENT YllLV 15 of 5> All evaluation areas listed in the below table are to be addressed by the Respondent in their submittal. Points will be awarded for each evaluation area listed in the table with either the maximum points available or a proportionate number of points as scored by each individual evaluator's assessment of submitted and available information. Proposals that are substantially incomplete or lack key information may be rejected by the Department at its discretion as unresponsive. Responses should be concise and succinct, summarizing the Responder's pertinent experience and capabilities. Emphasis should be placed on completeness and clarity. Responses that do not provide sufficient content or satisfactory information as requested in the ITN, may be graded down. Points will be assigned to all items and totaled to determine Respondent's ranking based on the following points schedule: No. Evaluation Criteria Maximum Points 1 Company Information 10 2 Contract Management and State Presence 25 3 Price Structure 45 4 Financial — Industry Standing and Strength (SQR Report) 10 5 Technical Compliance with ITN 10 3.9 Submittal Format Respondents are asked to submit their response both electronically through MyFloridaMarketPlace AND in a hardcopy format through the submission of five (5) paper copies of their response. To expedite review, the Department asks that all Respondents follow the format outlined below for electronic and written submittals. Failure to submit your response in the format requested may result in the reduction of your overall evaluation score. Submission of the hardcopy proposals must be delivered to the contact person listed in Section 3.1 PRIOR to the solicitation due date and time. Responses should be packaged in a sealed envelope or box, plainly marked on the outside with the Invitation to Negotiate (ITN) number, date and time of opening and your company name. Submittal Format Sections: Begin your submittal response with: 1. An introductory cover letter, signed by an authorized representative of your firm. Cover letter should disclose who the primary contact person is for the solicitation process, their title, address, phone, fax and email address. 2. Include a table of contents outlining your complete submittal. _Section 1 - Company Information (10 Points) 1. Briefly describe your firm's organization, structure, philosophy. 2. Describe why your organization would be the best Contractor for this contract and why the State of Florida should select your firm. 3. State number of year's manufacturer has produced this name brand of mail processing equipment. 4. Identify and include aualifications of specific individuals and/or dealers to be assigned to the contract. 5. Provide name and address of 3rd parry leasing company to be used by your organization. 6. What was your company's total revenue in 2005? How much of that specified total sales does mail processing equipment represent? MAIL PROCESSING EQUIPMENT Page 16 of 55 i. Identify names and qualifications of key individuals, including identifying who will be Contract Manager, who will be assigned to the contract and services each individual will provide, i contract is awarded to your company. S. Provide a minimum of five (5) references, minimum two (2) government accounts for equivalent sized contracts, where the Respondent provided similar services within the past five I,5) years References should include the following information regarding each reference: company name, address, telephone number, email address, contract number, term of contract, description of' services, value of contract (ex: $5 million) and the name of a contact person that can speak knowledgably about your services. (Attachment H) 9. List any past and/or pending litigation or disputes relating to the services described herein, that your firm has been involved in within the last five (5) years. List shall include company name, project name, nature of litigation and current status of dispute. 10. List any past disputes where your company has been terminated from an awarded contract. List company/agency name, term of contract and an explanation as to why you were terminated. 11. Describe any additional resources (optional) your firm has at its disposal that would be used It awarded this contract. 12. Provide information regarding any innovative concepts you are proposing (optional) that may enhance value and quality if implemented by an agency. Section 2 - Contract ManaLrement and State Presence (25 Points) 1. Define your company's presence in the State of Florida by listing each authorized dealer and office that will provide products and service under this contract and number of years each dealer has sold and serviced manufacturer's equipment. Reminder: Solicitation requires that a dealer must have sold and serviced proposed brand of equipment a minimum of two (2) consecutive years. In addition, specify geographic area each office covers as defined by the Florida Regional Map, i.e. western, northern, central, southern areas of state (Attaclunent K). 2. List qualifications and number of personnel at each facility_ that will provide sales, service, maintenance and parts including. 3. Describe your contract management plan for this contract, including but not limited to, purchase and lease of equipment, installation, general invoice and service resolution, etc. Information provided should include your firm's approach to providing the required services, specifically addressing the required nature and sequence of activities. 4. Provide a detailed plan on how your company would quickly and efficiently handle billing and invoice issues. In addition, specify how your company would handle disputes involving a party leasing company. 5. Provide a detailed timeline (in weeks) describing all actions your company would undertake to fully implement this contract if selected as an awarded Contractor (ex: contractor website development, ARAVO electronic catalog, review of DMS website information, outreach t( auencies. etc.). In addition the State's Vendor Performance Reports and Vendor Complaint Reports will be reviewed and considered by Evaluation Committee when scoring this section. Section 3 — Price Schedule (45 Points) Respondents shall submit, via the on-line electronic procurement system and with hard copy proposals, Price Sheets (Attachment A) as provided in the solicitation. These Price Sheets provide a method for offering purchase and lease pricing for the equipment offered for each Product Group with associated accessories, supplies and maintenance. The pricing offered on the Price Sheets 17,7i 11 be scored in accordance with the points specified in Section 3.8. MAIL PROCESSING F_QUIPMENT Paee 1' of 5` Note: Lease prices are a critical component of this solicitation and must meet the financial guidelines outlined by Florida's Department of Financial Services i.e. 90% of the purchase cost. All lease prices submitted will be reviewed by the Department of Financial Services Lease Division to ensure compliance with guidelines. Leases found to be non-compliant will not be accepted. Section 4 - Financial — Industry Standing and Strength (SOR Report) (10 Points) All respondents are required to provide information regarding your company's "Financial and Industry Standing and Strength" to demonstrate that your company is financially stable, in good standing with creditors and manufacturers, and has the resources necessary to adequately supply and service equipment on a state-wide basis. The State is requiring all Respondent's to provide a Supplier Qualifier Report (SQR) prepared by Dun & Bradstreet (D&B). The Supplier Qualifier Report is a standard report detailing financial and operational capability. This report must be submitted to the Department prior to the openinLy date and time. Respondent will be responsible for the cost and timely submission of this report. Each firm will be assigned evaluation points based on the prospective Respondent's financial viability to perform the services outlined in the ITN based on the Supplier Qualifier Report (SQR) submitted by respondent. The prospective Contractor will request the SQR report from D&B at: hti-ps:,'/sor.dnb.com/sor/isp/fortns/SOF.jsp?SORTAGI =J037hS4r&,SORTAG2=j58GJk4x 1. Enter the TTN number in the text field entitled "Enter your RFP Number" and select submit. 2. Enter your company's Dun Number; if you don't know your company's Dun number, you may use the search feature to find it. 3. Confirm Registration 4. Enter payment method and information and complete registration. The cost of the preparation of the D&B report shall be the responsibility of the prospective respondent. Respondents are advised to allow a minimum of ten (10) business days for D&B to process your report request. If the Department does not receive an SQR from D&B prior to the opening date and time of the solicitation but is submitted with the Response, the respondent shall be required to demonstrate that the SQR was requested by the respondent after the posting date of the bid and was requested for this particular solicitation. Once the process is complete, a copy of the report will be provided to the Department and an identical report will be sent to the Respondent as verification. If the Department does not receive a report or cannot determine on the face of the document that the SQR report is that of the proposing entity, then the Department will instruct the Evaluation Team to award zero points to that firm for that evaluation category. It is the responsibility of the Respondent to ensure with D&B the timely submission of a D&B report to the Department prior to the opening date of the ITN. The Department will use the following rating scale when evaluating and scoring the financial viability of the prospective Contractor: MAIL PROCESSING EQUIPMENT Page 18 of 55 Section 5 - Technical Compliance with ITN Requirements (10 Points) Ability of Respondent to meet and complete all required items requested in the ITN document including but not limited to General and Special Condition requirements, submittals and attachments/forms. All attachments required by the ITN shall be fully executed by the Respondent. Failure to do so will diminish your score. Supplemental Information: Respondents may include an appendix section for other information including, but not limited to, promotional material, brochures or supporting documentation not otherwise requested herein. Please clearly designate this section in your response. Respondent is responsible for submission of all requested information specified within solicitation including all ITN on-line responses, hardcopies of proposals, all applicable attachments/forms and submittals (i.e. MSRP lists, government book price lists, technical documents, etc.); all completed and properly executed. Responses that do not meet all requirements of this solicitation or fail to provide all required information. documents, or materials may be rejected as non-responsive. Respondents whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non -responsible. The Department reserves the right to determine which offers meet the Contract requirements of this solicitation, and which Respondents are responsive and responsible. 3,10 MyFloridaMarketPlace Solicitation Overview The Department uses the MyFloridaMarketPlace system ("MFMP") to receive responses to solicitations electronically. a. MyFloridaMarketPlace Vendor Registration Application Vendors must have a current and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: littps:/'/vendor.mvfloridatnarketplace.conv' If you have not registered, please be advised that a minimum of 48 hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those Vendors who wish to submit a response. b. MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Optional training on how to respond to this solicitation electronically is offered at: littp:/;'marketr)lace.myflorida.com/vendor/vendor solicitation help.htnl Download and review the document titled "ITIN Event User Guide.' • For all technical questions about the Sourcing Tool, Vendors should contact the MVFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: vendorhelp a�myfloridatnarketplace.com MML PROCESSING EQUIPMENT Pace N of 5S For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http://i-narketplace.myflorida.com/vendor/vendor solicitation help.htm This site includes: • Solicitation User Guides • On Demand web -based Sourcing training link • WinZip FAQs • Vendor FAQs c. MyFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing tool, be aware of the twenty (20) minute time-out function in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation response. The SAVE button does not transmit your solicitation response to the State. In order to transmit your solicitation response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation response. After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted response within the Sourcing Tool to verify that the response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the Solicitation period in the event you discover an error and need to resubmit a revised response. To validate your response, you should do the following before the Solicitation period ends: • Go to the "My Bids/My Responses" tab within the Sourcing Tool after you submitted your response. • Click on the Response ID number of your last submitted response. • Review entire response to make sure all responses are complete, accurate, and as you intended to submit. Minimum areas to check are: • Text boxes — Is your entire answer viewable? • Yes/No questions — Is the displayed answer correct? • All uploaded document files — Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your response within the tool (e.g., not an earlier version or working copy)? • Pricing and Other Information — Are all prices and other information you intended to submit visible and accurately captured within Sourcing Tool? • Required Items - Are all items listed on the Preparation Checklist completed as required within the Sourcing Tool? It is strongly recommended not to wait until the last minute to upload and validate your response to this or any solicitation. d. MyFloridaMarketPlace Email Notification Vendors are reminded that the Sourcing Tool's Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment or close of solicitations. Vendors MAIL PROCESSING EQUIPMENT Page 20 of55 are responsible for checking the MvFloridaMarketPlace Sourcing Tool and / or the Vendor Bid Svstem for information and updates concerning solicitations. 3.11 Submission of Response a. Submittal of Bid All offers must be submitted in the MyFloridaMarketPlace sourcing tool by the date and time specified on the Timeline. All hardcopy documents must be received by Department by the date and time specified in the Timeline. The Department shall not consider late offers and the sourcing tool WILL NOT accept offers after the closing date and time specified on the Timeline or as amended by the Department. Each respondent is responsible for ensuring that its bid and all associated documents are submitted by the proper date and time. Failure to provide all requested information by the date and time specified may result in rejection of the bid. In the event a respondent submits more than one response in the MyFloridaMarketPlace sourcing tool, only the last response received by the system shall be considered for award. Previous bids will not be visible to the State of Florida. The Checklist Form (Attachment J) included within this solicitation does not relieve the respondent of responsibility for ensuring that all requirements of the solicitation are included with the submittal. Offers not submitted within MyFloridaMarketPlace shall be rejected. Potential respondents to the solicitation are encouraged to carefully review all the materials contained in the solicitation document and prepare their response accordingly. Respondents will submit their electronic response via the MyFloridaMarketPlace (MFMP) eProcurement Sourcing Tool located at littps://sourcinu.inyfloridanlark-etplace.com and in hardcopy format. The electronic response shall include all appropriate forms located within the MyFloridaMarketPlace Sourcing Tool RFX Info Section. All required or requested questions, responses, documents, files, location information, and pricing shall be entered electronically in the MyFloridaMarketPlace Sourcing Tool for this solicitation as indicated. If no indication for submission is provided for required or requested documents or files, or if instructions to mail a specific document or file are provided, then those specific documents or files only shall be mailed to the attention of the Contact Person 111 Section 3.1 of the solicitation. Each Respondent is responsible for ensuring that the offer is submitted before the submittal deadline noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System WILL NOT accept offers after the due date and time specified in the Timeline or as amended by the Department. ALL OFFERS MUST BE SUBMITTED IN THE: MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE AND TIME SPECIFIED ON THE TIMELINE. b. Prices and Discounts Purchase and Lease pricing and associated accessories shall be submitted in the location and fonnat provided in the Price Sheet of the solicitation (Attachment A). There are individual worksheets within the Price Sheet Excel workbook, one for each Product Group requested. Respondents shall bid all items they offer applicable to that specific product group. All prices shall be in USD ($; e.g.. $1.00) and single fixed discount for that Product Group shall be in a percentage (°%; e.g., 75%). Respondents shall provide five (5) copies of their current MSRP List as part of the solicitation package on a CD in Microsoft Excel format. The price list shall identify all equipment, accessories. software, supplies, maintenance, meter rentals and services offered by respondent. The MSRP list provided must show (at a minimum) the manufacturer's item number, product description, M. -MI. PROCESSING EQUIPMENT Pagc 21 of 5 41 manufacturers suggested retail price, price list date; effective period and must be publicly listed, available, and verifiable by the Department. Respondents shall submit a completed Savings/Price Reductions Form (Attachment B) for bid in order to assist the Department in verifying the Prices and Discounts submitted. c. Authorized Dealers Manufacturers must have an adequate number of authorized re -sellers, independent franchised distributors, or independent contracted distributors (collectively called "Dealers") in each of the States four (4) districts, as identified on the Florida Regional Map (Attachment K) from which equipment may be purchased, leased and serviced under the terms of the Contract. Respondents shall submit with their response a complete list of the Dealers authorized and willing to service the Contract and maintain an adequate inventory of product under the terms of the Contract. The list of Dealers shall be submitted on Attachment C, Ordering Instructions. In addition, Manufacturer shall execute a Manufacturer's Authorized Dealer Form (Attachment I) for each dealer they are authorizing to provide goods and services under this contract. d. Ordering Instructions Respondent shall submit a completed Ordering Instructions Form (Attachment C) identifying persons responsible for answering questions about the response and persons responsible for administering the Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if awarded. e. Contract Signature Page Respondent shall submit a completed and executed Contract Signature Page (Attachment G) with their response by mail to the contact person listed in Section 3.1 of the solicitation. The submission of the Contract Signature Page does not signify, imply, or guarantee award of the Contract, but may be used if the Respondent is awarded the Contract. 3.12 Electronic Posting of Ranking - Prior to Negotiations and Upon Final Award Offers shall be opened on the date and time indicated on the Event Timeline and thereafter evaluated. Prices will not be read, pursuant to Section 119.071(l)(b) of the Florida Statutes. After evaluating the responses on the date indicated on the Timeline, the Department shall electronically post the rankings in MyFloridaMarketPlace and through the Vendor Bid System located at: http://fcn.state.fl.us/owa vbs/owa/�rbs www main menu After negotiations, on the date indicated on the Timeline, the Department shall electronically post a Notice of Intended Award. If the ranking or award is delayed, in lieu of posting them on the date indicated on the Timeline, the Department shall post a notice of the delay and a revised date for posting the ranking or Notice of Intended Award. Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the electronic posting. The Department shall not provide rankings or notices of award by telephone. 3.13 Negotiations and Contract Award The Department reserves the right to finalize the negotiations at any point and post an Intent to Award notice. Respondents should recognize the Department's right to finalize the negotiation process without MAIL PROCESSING EQUIPMENT Page 22 of 55 the need to explicitly request an interim revised response or a best and final offer. The Department reserves the right to award based on what is deemed to be in the best interest of the State. 3.14 Addendums to the Solicitation Documents The Department reserves the right to issue addendums to the solicitation. Notice of any addendums will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation. Each Respondent is responsible for monitoring the site(s) for new or changing information concerning this solicitation. 3.15 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non -exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 3.16 Order of Precedence Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. All responses are subject to the terms and conditions outlined in the solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions • General Contract Conditions (PUR 1000) • General Instructions to Respondents (PUR 1001) • Special Instructions to Respondents • Price Sheets and Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's response. In submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions. including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 3.17 State Objectives (rev. 07/28/04) Successful Respondent shall submit plans (Attachment D) addressing each of the State's five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. MAIL PROCESSING EQUIPMENT PaLe 23 of ,J a. One Florida Initiative Florida is a state rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the continued development and economic growth of small and minority and women -owned businesses. Central to this initiative is the participation of a diverse group of Vendors doing business with the state. To this end, it is vital that minority and women -owned business enterprises participate in the State's procurement process as both prime Contractors and Subcontractors under prime Contracts. Small and minority and women -owned businesses are strongly encouraged to submit replies to this solicitation. To track the success of the One Florida Initiative, which has achieved substantial gains in extending opportunity to minority and women -owned businesses, the State of Florida maintains data to establish benchmarks from which to measure supplier diversity in State Contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women -owned businesses and Subcontractors. The Contractor shall submit documentation addressing the Governor's One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and women -owned businesses. Please refer to the Governor's "Equity in Contracting Plan" when preparing this documentation: http•//www oneflorida orL,/mvilorida/government/aovemorinitiatives/one florida/equity contracting.html Equity in Contracting documentation should identify any participation by diverse Contractors and Suppliers as prime Contractors, Sub -Contractors, Vendors, Resellers, Distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reporting of spending with certified and other minority business enterprises. Such reports must be submitted at least quarterly and include the period covered, the name, minority code, and Federal Employer Identification Number of each minority Vendor utilized during the period, Commodities and Services provided by the minority business enterprise, and the amount paid to each minority Vendor on behalf of each purchasing agency ordering under the terms of this Contract. b. Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. c. Certification of Drug -Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the "Certification of Drug -Free Workplace" form (Attachment MAIL PROCESSING EQUIPMENT Page 24 of 55 F) included in the solicitation. The Contractor shall describe how it will address the implementation of LI drug free workplace in offering the items of the solicitation. d. Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http ! "www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. e. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http:iww,w.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.18 State of Florida Purchasing Card Program The State of Florida has implemented the State of Florida Purchasing Card (P-Card) Program, using the Visa network. Accordingly, Respondents must presently have the ability to accept Visa transactions or must implement the ability before the start of the Contract term, if awarded. Contractors may receive payments from state agencies by the purchasing card in the same manner as other Visa purchases for equipment and supply purchases and payments of equipment leases. Visa acceptance is mandatory, but is not the exclusive method of payment. The method of payment shall be selected by the Eligible Users. Note: Currently the only item prohibited from purchase with a P-Card is postage. 3.19 Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a request to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public iz7nrk may not submit responses on leases of real property to a public entity. may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. MAIL. PROCESSING L^QUIPMF-NT Pate 25 of 55 3.20 Purchases Under $2,500 Agencies have the option to purchase from non -contract vendors provided the cost is below $2,500 per year. State agencies are encouraged to use the State Visa Purchasing Card for all purchases under $2,500. 3.21 Documentation Becomes the Property of the State All documentation produced as part of this solicitation shall become the exclusive property of the State. Documentation may not be removed by the respondent or its agents and will not be returned to the respondent. Selection or rejection of a reply shall not affect this right. 3.22 Notice to Contractor The employment of unauthorized aliens by any contractor is considered a violation of Section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 3.23 Substitutions Prior written approval of State Purchasing is required for substitution of any equipment. The State retains sole discretion to accept and approve such requests when deemed to be in the State's best interest. 3.24 Special Sales Offers All purchases made from State contracts by State agencies and other eligible users must be in adherence to all terms, conditions and prices contained therein; however, Contractors are encouraged to offer deeper discounts, for large, single orders. 3.25 Political Subdivisions and Other Cooperative Purchasing Participants Non -state agency participants are responsible for ensuring that the purchase order issued reflects the correct contract item pricing and that payment is processed accordingly. Note that only these items/services specified in the state contract may be purchased from the contract vendor(s) of record, unless otherwise specified. Participants assume full responsibility for all purchase transactions issued through this state contract, including purchase order, delivery compliance and payments. 3.26 Quality All products, equipment, merchandise, and miscellaneous material bid shall comply with applicable requirements and standards of the Occupational Safety and Health Act and applicable Florida codes. Respondent warrants that all equipment, materials and workmanship furnished whether furnished by bidder or its sub -suppliers, will comply with its and the product specifications, drawings and other descriptions supplied or adopted, and will be new, fit and sufficient for purpose for which they are intended, of good materials, design and workmanship and free from defects or failure. Respondents may be required, at no expense to the agency, to make available for test/demonstration, material or equipment equal in all aspects to the solicitation, and/or equal material or equipment that may be seen under operating conditions. MAIL PROCESSING EQUIPMENT Page 26 of 55 3.27 Best Pricing Offer During the Contract term, if the State becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar ten -ns of the Contract, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. 3.28 Lobbying In accordance with Section 216.347, Florida Statutes, and as provided herein, the Service Provider or Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. This restriction does not apply to requests of the Service Provider or Contractor to provide any information relating to any aspect of this Contract, d requested by any legislative, judicial, or executive branch, or any State Agency. MAIL PROCESSING EQUIPMENT SECTION 4.0 GENERAL CONTRACT CONDITIONS (PUR 1000) CONTENTS 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 4.8 INSPECTION AT CONTRACTOR'S SITE. 4.9 SAFETY STANDARDS. 4.10 AMERICANS WITH DISABILITIES ACT. 4.11 LITERATURE. 4.12 TRANSPORTATION AND DELIVERY. 4.13 INSTALLATION. 4.14 RISK OF Loss. 4.15 TRANSACTION FEE. 4.16 INVOICING AND PAYMENT. 4.17 TAXES. 4.18 GOVERNMENTAL RESTRICTIONS. 4.19 LOBBYING AND INTEGRITY. 4.20 INDEMNIFICATION. 4.21 LIMITATION OF LIABILITY. 4.22 SUSPENSION OF WORK. 4.23 TERMINATION FOR CONVENIENCE. 4.24 TERMINATION FOR CAUSE. 4.25 FORCE MAJEURE, NOTICE OF DELAY, AND No DAMAGES FOR DELAY. 4.26 SCOPE CHANGES. 4.27 RENEWAL. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 DISPUTE RESOLUTION. 4.31 EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.32 SECURITY AND CONFIDENTIALITY. 4.33 INDEPENDENT CONTRACTOR STATUS OF CONTRACTOR. 4.34 INSURANCE REQUIREMENTS. 4.35 WARRANTY OF AUTHORITY. 4.36 WARRANTY OF ABILITY TO PERFORM. 4.37 NOTICES. 4.38 LEASES AND INSTALLMENT PURCHASES. 4.39 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.41 MODIFICATION OF TERMS. 4.42 COOPERATIVE PURCHASING. 4.43 WAIVER. 4.44 ANNUAL APPROPRIATIONS. 4.45 EXECUTION IN COUNTERPARTS. 4.46 SEVERABILITY. MAIL PROCESSING EQUIPMENT Page 28 of 55 4.1 Definitions The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terns are also defined: a. "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. b. "Customer" means the State agency or other entity that will order products directly from the Contractor under the Contract. c. "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. d. "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). 4.2 Purchase Orders A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terns and the teens stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of ternis most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts If this is a term contract for commodities or services, the following provisions apply. a. Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to offer additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. b. Best Pricing Offer. During the Contract tern, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract.. but upon the same or similar terns of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions MAIL PROCESSING EQu4PMENT Pace 29 of 5 for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. d. Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. 'For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. e. Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial Ioss. 4.5 Additional Quantities For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 Manufacturer's Name and Approved Equivalents Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 4.8 Inspection at Contractor's Site The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.9 Safety Standards All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas MAIL PROCESSING EQUIPMENT Page 30 of 55 source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safet} standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels: the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, ah items furnished shall meet all applicable requirements of the Occupational Safety and Health Act anc state and federal requirements relating to clean air and water pollution. 4.10 Americans with Disabilities Act Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.11 Literature Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.12 Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.13 Installation Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional ;installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.14 Risk of Loss Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contratitut. 1lie Cont acto shall oc iesponSi vim ivi ui,i. rte, pr vCeS IIig, aiiu collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the MAIL PROCESSING EQuip i7vi Page 31 of c premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.15 Transaction Fee The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re -procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 4.16 Invoicing and Payment Invoices shall contain the Contract number, purchase order number, and the appropriate Contractor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. MAIL PROCESSING EQUIPMENT Page 32 of 55 4.17 Taxes The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on purchase order or other special contract condition. 4.18 Governmental Restrictions If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or perfonnance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.19 Lobbying and Integrity Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http:/idlis dos state flus/barmhenscliedules/xtensched,htlm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debannent of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.20 Indemnification The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents. and employees, from suits, actions, damages, and costs of every name and description, including attomeys' fees, arising from or relating to personal injury and damage to real or personal tangible tt a t d whole part h , Contractor, its agents, emnlnveec art erc nr property alleged lV be Vaud. iii v hole or ;in pu � agent s� Y""J �- ' Y subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. MAIL PROCESSING FQM1WFN"I Pa�ze _ 3 of 55 Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.21 Limitation of Liability For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.22 Suspension of Work The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. MAIL PROCESSING EQUIPMENT Page 34 of 55 4.23 Termination for Convenience The Customer, by written notice to the Contractor, may tenninate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The. Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.24 Termination for Cause The Customer may tenninate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perforn the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not ill default, or that the default was excusable, the rights and obligations of the parties shall be the same as it the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.25 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct. indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other MAIL PROCESSING EQUIPMENT Page 35 o}_ 55 sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.26 Scope Changes The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.27 Renewal Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.28 Advertising Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Dispute Resolution Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. MAIL PROCESSING EQUIPMENT Page 36 of 55 Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action.. Florida law shall apply and the parties waive any right to jury trial. 4.31 Employees, Subcontractors, and Agents All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause. including, but not limited to, technical or training qualifications, quality of work, change in security status, or noir-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.32 Security and Confidentiality The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.33 Contractor Employees, Subcontractors, and Other Agents The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.34 Insurance Requirements During the Contract tern, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terns and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the � Lv_traGivr Shall provide certificate oil insurance. The limits of coverage .ndAr. each policy� minaned by � the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. MAIL PROCESSING EQUIPMENT l'age 37 Of -9-1 4.35 Warranty of Authority Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.36 Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.37 Notices All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.38 Leases and Installment Purchases Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.39 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridetl.co . 4.40 Products Available from the Blind or Other Handicapped Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at httn://www.re specto fflorida.ora. MAIL PROCESSING EQUIPMENT Page 38 of 55 4.41 Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.42 Cooperative Purchasing Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be pennitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.43 Waiver The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.44 Annual Appropriations The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.45 Execution in Counterparts The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.46 Severability If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to 1110 extent that it is not in violation of iaw or is not otlicrwise unenforceable and all other provisions shall remain in full force and effect. MAIL PROCESSING EQUIPMENT Page 39 of SECTION 5.0 SPECIAL CONDITIONS CONTENTS 5.1 DEFINITIONS. 5.2 ELECTRONIC CATALOG DATA. 5.3 "PUNCH -OUT" ALTERNATIVE. 5.4 CONTRACTOR'S STATE CONTRACT WEBPAGE. 5.5 CONTRACT REVISIONS. 5.6 PRODUCT ADDITIONS AND DELETIONS. 5.7 DEALER CHANGES. 5.8 TRANSACTION FEE REPORT. 5.9 PRICE ADJUSTMENTS. 5.10 SALES SUMMARY REPORTS. 5.11 BUSINESS REVIEW MEETINGS. 5.12 CUSTOMER SERVICE SUPPORT. 5.13 IMPLEMENTATION OF CONTRACT. 5.14 ELECTRONIC INVOICING. 5.15 INSURANCE REQUIREMENTS. 5.1 Definitions The definitions found the General Contract Condition, Section 4.0 of this document, shall apply to this Section. The following additional terms are also defined: a. "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the manufacturer's recommended retail selling price for a specific item, or list of items, and must be publicly listed, available, and verifiable by the Department. In the event a Contractor does not create, maintain, or utilize MSRP for specific Commodities within this solicitation, that Contractor may use their Government Book Price as the MSRP for those specific Commodities. The Contractor must use the MSRP or Government Book Price for all items within a specific Commodity and shall not use both within the same Commodity. b. "Government Book Price" represents the manufacturer's pre -determined selling price for a specific item, or list of items, to all non -contracted government entities. 5.2 Electronic Catalog Data Each awarded Contractor is responsible for developing a DMS State Contract website (or approved punch -out site) and an ARAVO electronic catalog for MFMP users. Contractor will develop an ARAVO electronic catalog of awarded products through MyFloridaMarketPlace ("MFMP") with the assistance of the State's third -party Service Provider, Accenture. To accomplish this process, the awarded Contractor shall provide certain information in electronic format directly to the Service Provider (this format is generally Microsoft Excel). Within thirty (30) days of written notice from Service Provider, Accenture, or the Contract Administrator, awarded Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor name, brand/manufacturer, SKU, product name, brief description (for supplies, include what machine product is for), unit of measure, and price. Contractor shall provide this information in the format required by the Service Provider. No MAIL PROCESSING EQUIPMENT Page 40 of 55 costs or expenses associated with providing this information shall be charged to the Department, Eligiblc Users, or Service Provider. With the Contractor's timely assistance, the Service Provider shall create and maintain web -based placement of the requested Contract information. Contractor is required to provide their catalog data electronically using the State's eProcurement system either through the Electronic Catalog or Punchout Alternative option. After contract award, contractor will have up to thirty (30) days to either (a) load data into the ARAVO electronic catalog system or (b) establish a state contract punch -out website. 5.3 `Punchout" Alternative If agreed upon by the State, the awarded Contractor may offer, as an alternative to the Electronic Catalog, an online "punch -out" solution, in which the agency accesses the contractor's website directly from the system, rather than the system maintaining the contractor's data. This solution must allow the agency to reach the contractor's site, browse for contracted items only, and return to the system with a list of items ready to be inserted into a requisition. If contractor is approved to use this alternative method, it must meet the following requirements: • The solution must conform to cXML 1.0 or 1.1 standards. • The solution must conform to the technical specifications and implementation requirements provided by Accenture, and the contractor must work with Accenture to ensure successful integration of the punch -out solution into the system • The solution must have the capability to provide only those products awarded under the contract, and block any non -contract item(s) from being added to the requisition. • Link to Contractor's website must be placed on DMS's contract website. 5.4 Contractor's State Contract Webpage The contract resulting from this solicitation will become a public document. State Purchasing is using "myflorida.com" on the Internet World Wide Web (www) to distribute State Term Contracts and product information to eligible users and other interested entities. For the "Punchout" alternative option, Contractor shall, within thirty (30) days after date of award listed on the Certification of Contract document, develop and maintain a state contract web page on the Internet to post approved contract information which shall include price lists, percentage discounts, terms. catalogs, ordering instructions, descriptive information and product pictures. The Home Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Internet Explorer 6.0 is the State Purchasing browser standard. State Purchasing intends to upgrade to new browser versions as they become available and fully tested, at its discretion. The Universal Resource Locator (URL) for the Internet Home Page must be listed in the space provided on the Ordering Instructions page of the solicitation. No costs or expenses associated with providing this information shall be charged to the State State contract Contractor supplied web site must have the following requirements: • State of Florida approved contract price list • Detailed item descriptions, model numbers, unit of measure • Robust search engine capabilities • Additional links or information to access product literature of awarded items • Additional links to the Contractor's home page, the history of the company, etc. • Additional links to access technical product literature of awarded items • Servicing dealers with current contact information • Offer as many photos as possible of awarded products MAIL PROCESSING FQUIPMeNT I'm-, e ^ of �,� • When possible, provide indicators of recycled product and minority manufactured products • Universal Resource Locator (URL) for the Internet Page must be supplied to the Department prior to the implementation of the contract No changes in items and pricing may be posted to the contractor maintained website without prior written approval from State Purchasing. Failure to follow this critical requirement may be grounds for termination and removal from the contract. In addition, except in the event of unforeseen technological interruptions or forces of nature, continued disruption of service or inadequate access may be grounds for termination and removal from the contract. 5.5 Contract Revisions Although the Contractor is responsible for maintaining their own contract information through their State Contract Web Page, any revisions to the originally approved contract information must be authorized in writing by State Purchasing prior to implementation. A State Contract Change Form (Attachment L) should be submitted with any request to revise website i.e. pricing, products, ordering instructions or servicing dealers list. Upon review to the Contractor's state contract web page, should unauthorized information be discovered within the site, the contract link may be immediately suspended until the information is appropriately revised and/or contract may be canceled due to non-compliance. 5.6 Product Additions and Deletions Awarded Contractor may amend the Contract Price Sheet to add or delete line items to accommodate new or obsolete items to its catalog two (2) times per year with prior written approval of the Department. Any proposed product additions shall be offered at the contracted percentage discount from the manufacturer's current MSRP and verifiable at the time of the requested addition. Any proposed product additions offered shall satisfy all criteria specified in the solicitation documents and the terns of the Contact. The Contractor shall request Product Additions / Deletions in writing (Attachment L) to the Department no later than thirty (30) days prior to the effective date of the proposed change(s) in the Contract Price Sheet content. Within sixty (60) days after receipt of written request, the State shall notify the Contractor in writing of approval or denial of change request. No changes to the Contract Price Sheet are permitted without the prior written approval of the Department. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct rescission of any purchase order entered into on the basis of unauthorized lists. Changes to the Contract Price Sheet or to related information (e.g., ordering information) shall not be deemed Contract amendments. 5.7 Dealer Changes A Contractor may amend the Contract Dealers List to reflect new or discontinued Dealers and to make changes to specific Dealer information (ex: telephone number change) through the State Contract Change Form (Attachment L). Any changes to the Contract Dealer List shall satisfy all criteria specified in the solicitation documents and the terms of the Contact. Specifically, but not exclusively, the Contractor must maintain adequate statewide Dealer coverage to the satisfaction of the Department and adequate years of experience providing and servicing brand of equipment. No changes to the Contract are permitted without the prior authorization from the Department. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any MAIL PROCESSING EQUIPMENT Page 42 of 55 change already made. Changes to the Contract Dealer List or to related information (e.g., orderinz. information) shall not be deemed Contract amendments. 5.8 Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports in electronic format in association with I % Transaction Fee outlined in Section 4.15. For infonnation on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.mvflorida.comhnfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessintgfu%myfloridamarketplace. coin or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5,9 Price .Adjustments Prices shall be firm against increase for twelve (12) months from the original effective date of contract. After this period, requests for increase or decrease may be submitted to the State if there has been, or is, a documented increase in cost, with the State reserving the right to accept or reject request within thirty (30) days after receipt of request. Price increase or decrease may be requested by either party one (1) time per year by using the Producer Price Index (PPI) for Industry: Office Machinery Mfg/Mailing, Letter Handling and Addressing Machines, as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU333313333313A). The last published non -preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. The price escalation / de-escalation formula will be tied to the change in the commodity for Office Machinery Mfg/Mailing, Letter Handling and Addressing Machines, PPI Series ID PCU333313333313A. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price Escalation Rate to determine the New Price. This fonnula applies after Year 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: • Go to BLS website: http:/iwuw.bls.gov/ppi/ • Navigate to tiie "Get Detailed PPI Statistics" section • Select "Create Customized Tables (one screen)" • Click on the link titled "Industry Data" • Type "333313" in the "Select An Industry" box for the Office Machinery Mfg category and hit the adjacent "Find" button. • Select "333313333313A" for Mailing, letter handling, and addressing machines in the "Select One or More Products" box and hit the adjacent "Find" button. A table similar to the one shown below will be created. MAIL PROCESSING EQUIPMENT Pave 43 of 55 Example: Feb 2004 is the first year anniversary of the contract Old PPI: Jan 2004 PPI for Mail Equipment =117.9 New PPI: Jan 2005 PPI for Mail Equipment = 119.9 Price Escalation / De-escalation Formula: New PPI / Old PPI = Price Escalation Rate "Old Price" x "Price Escalation Rate" = New Price (rounded up to the nearest %) Calculation: 119.9 =117.9 =1.0169 which equates to a Price Escalation Rate of 1.69% $50.00 (unit price) x 1.0169 = $50.85 (New unit price for this product) Any increases accepted during the term of the contract shall not become effective until thirty (30) days after the State provides written approval of request. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by State prior to implementation. There can only be one rate adjustment per twelve (12) month period and the maximum net rate percentage increase or decrease per twelve (12) month period shall not exceed 5%. 5.10 Sales Summary Reports The following data must be reported to the Department on a quarterly and annual contract basis: Report shall include: • Contractor's Name • Reporting Period • Total dollar value of purchases per quarter separated by State Agency and Eligible User totals and separated by purchase order and p -card order total dollar values. • Total dollar value of purchases per quarter separated by product group. • Excel report itemizing total purchases for period that includes columns for the following information: manufacturer's name, agency name, product number, item description, product group number, MAIL PROCESSING EQUIPMENT Page 44 of 55 identify lease or purchase status, unit of measure, quantity, manufacturer list price, percentage discount taken and final purchase price. • Report will emphasize where the most significant purchase volumes are by product group. Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) and/or contract year may result in the contract supplier being found in default and cancellation of the contract by State Purchasing. Contractor shall report to Department the spend with certified and other minority business enterprises in association with this contract. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority Contractor utilized during the period, conunodities and services provided by the minority business enterprise, and the amount paid to each minority Contractor on behalf of each purchasing agency ordering under the terms of this contract. Submission of the Contract Sales Summaries is to be the responsibility of the Contractor without prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales Summary forms by email to the Purchasing Analyst. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature. 5.11 Business Review Meetings In order to maintain the partnership between the Department and the Contractor, each quarter the Department may request a Business Review meeting. The business review meeting may involve, but not be limited to, the following: • Review of Contractor performance • Review of minimum required reports • Review of continuous improvement plans The Department encourages Contractors to identify opportunities to generate lower costs. A continuous improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed at the Business Review meetings or as identified. 5.12 Customer Service Support Awarded contractor shall have a single point of contact for customer support. This individual may support multiple Customers and respond to Customer calls and/or emails within twenty-four (24) hours, Customer Support contact information shall be provided on the Ordering Instructions form. Contractor shall make all Customers of the contract aware of its existence at the time of order to ensure that contractual pricing is utilized. Contractor shall provide toll-free customer service phone support from 7:00 AM (EST) to 6:00 PM (EST) Monday through Friday, except for National and State recognized holidays. TDD (Teleconununication Device for the Deaf) access must be made available during the above customer service operating hours. Contractor shall provide an after-hours contact number for use by Customers for emergency orders after standard customer service operating hours. M AIL PROCESSING EQt1IPMENT Pagc 45 of 5 5.13 Implementation of Contract Within ten (10) calendar days after date of award on Certification of Contract document, Contractor shall provide Department with (1) itemized price list in Microsoft Excel format for all items awarded and (2) general order information in a Microsoft Word format that explains how customers can order goods and services under this contract. Price List will list manufacturer, manufacturer part number, description, unit of measure, retail unit cost, specific discount off MSRP list, and actual contract unit price. Pricing and general order information will be placed on the State website for customer access. 5.14 Electronic Invoicing Notwithstanding any provision of the contract, the contractor shall supply electronic invoices in lieu of paper- based invoices for those transactions processed through the State's eProcurement system. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. For the purposes of this section, the contractor warrants and represents that it is authorized and empowered to and hereby grants the State and Accenture, a State contractor, the right and license to use, reproduce, transmit, distribute and publicly display within the system the information outlined above. In addition, the contractor warrants and represents that it is authorized and empowered to and hereby grants the State and Accenture the right and license to reproduce and display within the system the contractor's trademarks, system marks, logos, trade dress or other branding designation that identifies the products made available by the contractor under the contract. If the contractor is not the manufacturer, it shall be the contractor's responsibility to obtain authorization from the manufacturer to comply with the provisions of this section, including securing any intellectual property rights of the manufacturer. If the contractor is the manufacturer, it shall only authorize dealers, outlets, distributors, value-added resellers, etc. within their network that can comply with the provisions of the contract. 5.15 Insurance Requirements Within ten (10) calendar days after date of award on Certification of Contract document, Contractor shall provide the Department with a Certificate of Insurance. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non -owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in Florida. MAIL PROCESSING EQUIPMENT Page 46 of 55 SECTION 6.0 TECHNICAL SPECIFICATIONS CONTENTS 6.1 ELIGIBLE PRODUCTS. 6.2 PRODUCT AND PERFORMANCE STANDARDS. 6.3 OPTIONAL RELATED ACCESSORIES. 6.4 PRICING. 6.5 ORDERS. 6.6 DELIVERY. 6.7 INSTALLATION. 6.8 WARRANTY. 6.9 DEALERS AND SERVICE FACILITIES. 6.10 SERVICE AND RESPONSE TIME. 6.11 REPLACEMENT PARTS. 6.12 EQUIPMENT RELIABILITY/NON-PERFORMANCE. 6.13 TECHNICAL DOCUMENTATION. 6.14 TRAINING. 6.15 EQUIPMENT MANUAL. 6.16 PURCHASE AND LEASE PROVISIONS. 6.17 MAINTENANCE AGREEMENT. 6.18 REQUIRED CERTIFICATION. 6.19 BALANCE OF PRODUCT LINE. 6.20 EQUIPMENT SERIAL NUMBERS. 6.21 POSTAGE METERS. 6.1 Eligible Products Items offered under this Contract shall be classified under the below Product Groups. Respondent may provide percentage discount derived pricing on multiple pieces of equipment within each product group. Each Product Group must have a single, fixed discount off MSRP for all items in that Product Group. It is anticipated that more than one item will be bid per group to accotntnodate low, medium and high volume equipment therefore respondent shall distinguish in writing the differences between each system submitted. Product groups are as follows: 1 600-660-030 Mail Machines 2 600-660-590 Mail Openers. 3 600-620-480 Inserters 4 600-580-250 Folding Equipment 5 600-190-250 Burster, Pa er/Form 6 252-030-xxx Mail Related Software Systems 7 { 600-780-xxx Sealing Machines 8 780-720-650-3000 Electronic Scales 9 600-760-900 Postage Meter Rentals 10 ! ( Balance of Product Line: Percentage discount for other mail processing related equipment, accessories. supplies or services not requested in solicitation. MAIL. PROCESSING EQLIPME.N7- Pa,2e 47 o1 J 6.2 Product and Performance Standards All products offered under this contract shall be new, unused, of current production (except for postage meter rentals), and of the latest design and construction. Used, rebuilt, remanufactured, shopworn, demonstrator, discontinued or prototype items shall not be offered. All products and services supplied shall comply with customary, reasonable, and prudent standards of professionalism and care in the industry. Note: It is understood that some new machines are manufactured from new parts which contain some recycled raw materials or components but all products are deemed "new" and are fully warranted against defect. Postage meters rented under this contract may not be new but by Postal Regulation, the contractor is responsible for insuring that they are in proper working order. All products offered under this contract shall conform with and be governed by all applicable postal regulations in effect at the time of this offering and be kept in compliance during the term of this contract or until completion of any lease entered into under this contract. 6.3 Optional Related Accessories & Supplies Customers may purchase equipment alone, without optional related accessories, or may choose to purchase any individual or combination of machines, accessories, supplies or software offered under the terms of this Contract. Pricing for accessories, supplies and software shall be listed on the Price Sheet under each Product Group section. If optional related accessories, supplies or software is purchased by the customer, each related cost shall be added separately to the invoice as an itemized charge. If a software license or related service agreement is required when a software solution is purchased, customers may procure that license or related service agreement in association with this contract. Price for software licenses or related service agreement shall be between the customer and the contractor. Customers are obligated to actively seek fair market value and to keep accurate records of the process. 6.4 Pricing Unit pricing for each item shall be listed on the Price Sheet enclosed in this solicitation (Attachment A). This solicitation is based on a single, fixed discount per Product Group off manufacturer's suggested retail price (MSRP) list in effect at time of solicitation due date, current contract pricing and GSA discount structure or better preferred. All purchase and lease prices shall include FOB destination delivery, installation, warranty, on-site training and one set of equipment operation manuals. Percentage discounts, lease prices or other derived factors used for equipment calculations must be the same for all types and models in the identified Product Group. For example, if a 45% discount is proposed for one particular type and model of equipment then that same percentage must apply to all types and models in that Product Group. These factors and percentage discount must be good for the life of the contract. The State must be able to understand how pricing was derived in order to calculate future pricing when a new piece of equipment is added to the contract. Pricing parameters such as unit price, lease price and percentage discount for equipment, accessories, supplies, maintenance and software off of a manufacturer's retail price list will permit the State to maintain a consistent priced contract. Note: The price list submitted with response will be used by agencies and eligible users to order goods and services. All prices for the purchase and Iease of equipment, accessories, supplies, maintenance, software and meter rentals must be listed on a per unit basis. All costs are binding. Contractors are encouraged to offer larger discounts to qualified ordering entities for large, one time, single orders. MAIL PROCESSING EQUIPMENT Page 48 of 55 6,5 Orders There shall be no minimum order amount required to place an order under this contract. Contractor is required to honor all contract related orders made using purchase order or credit card, that are placed prior to the date of expiration of the contract or if received by mail by the contractor within fifteen (15), calendar days following the date of expiration. 6.6 Delivery Unit prices shall include delivery to the ordering agency, F.O.B. destination freight prepaid. Product shall be delivered within thirty (30) days after receipt of order for standard "in -stock" equipment, ninety (90 ) days after receipt of order for special order, stand-alone, large equipment. Contractor shall notify the agency at least seventy-two (72) hours in advance of delivery of equipment so that necessary arrangements can be made. Contractor shall be responsible for any damages to building or individuals as a result of delivery and installation. 6.7 Installation Price includes on-site, inside product delivery, uncrating, assembly, full installation, making ready for use, removal of debris and training of agency personnel. No other fees or charges will be paid by the agency. 6.8 Warrantv Contractor shall fully warrant all items furnished raider this Contract against defects in materials and workmanship. Purchased equipment shall be warranted for a minimum of ninety (90) days from date of acceptance or manufacturer's standard warranty, whichever is longer. Leased equipment shall be warranted for life of lease. Warranty shall commence upon acceptance of equipment by the agency. Acceptance is defined as the date on which customer accepts installation of equipment as evidenced by the execution and delivery of a Lease Certificate of Acceptance Form (Attachment M) to contractor. All products must operate in accordance with the manufacturer's standard specifications and documentation. Should any defects in workmanship or materials, appear during the warranty period, the contractor shall repair or replace such items immediately upon receipt of notice from the agency. The warranty shall be on-site, parts and labor, next business day support and shall be included in the product price. The warranty shall cover material, labor and transportation charges, if any. Warranty for any software provided includes any upgrades thereto during the warranty period. Warranties submitted with your response, either appearing separately or included in preprinted literature and/or price lists, shall not be acceptable and provisions listed here take precedence. While a unit is under warranty, all rate changes and software updates will be included. 6.9 Dealers and Service Facilities A complete list of manufacturer's authorized dealers and service locations must be submitted with proposal. Awarded contractor shall maintain service facilities and qualified personnel to service equipment located anywhere in the State of Florida. List of all participating dealers and service facilities shall be submitted on the Ordering Instructions Form (Attachment C). The State reserves the right to consider the availability of dealers and service facilities in the award of this solicitation. Each service facility must maintain for the life of the contract a sufficient number of MAIL PROCESSING EQUIPMENT Pa,e 41) of s� qualified technicians and a normal supply of parts to provide all required service, and ensure minimal equipment downtime. Failure to comply with this requirement will result in termination of contract. 6.10 Service and Response Time Availability of in-state representatives to assist agencies and eligible users in proper application and to resolve technical problems is a requirement of this Contract. In addition, the ability of the respondent to meet service requirements outlined herein will be important in the award of this contract. Awarded contractor shall respond to all service calls within eight (8) business hours after notification. Standard business hours are defined as Monday through Friday, 8:00 a.m. — 5:00 p.m., excluding Saturdays, Sundays and national and state observed holidays. For the purposes of the Contract resulting from this solicitation, response time shall mean the arrival of a trained service person at the customer's site. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. Repeated failure to provide service to all specified areas within the contracted time will result in the removal of the contractor from the contract. An equivalent loaner piece of equipment with similar specifications must be provided at no additional charge if the equipment cannot be repaired within sixteen (16) business hours of request for service. The invoice for lease or maintenance will be reduced by one -thirtieth (1/30) of the monthly base charge for each eight (8) hour day that the equipment is inoperable and there is no loaner available beginning after the expiration of the sixteen (16) business hours. Downtime in excess of five (5) work days may be considered default of contract. In the event a manufacturer or designated dealer is non-responsive under the resulting contract, the Department reserves the right to terminate such manufacturer or designated dealer from Contract. If a dealer is terminated, the contract manufacturer shall designate an authorized replacement dealer within thirty (30) days of written notification by State Purchasing. Such action shall in no way relieve the manufacturer from liability and the obligation to fulfill the terms and conditions of the contract. Arrangements must be made within forty-eight (48) hours by manufacturer to continue service as required under the terms of the contract, until a new dealer is appointed. Failure to comply shall be considered a default of the contract. 6.11 Replacement Parts Contractor shall utilize only genuine factory authorized replacement parts for repair of equipment. Under no circumstances will the agency deliver or mail equipment to the contractor for repair. In responding to the proposal, the contractor certifies replacement parts will be available for five (5) years after purchase/lease of equipment and each of the designated dealers is aware of and agrees to conform to all terms and conditions of this solicitation and resulting contract. Repair parts must be stocked at all service locations. 6.12 Equipment Reliability/Non-Performance Awarded contractor is required to provide satisfactory service levels at all times. Degraded performance and/or excessive equipment down time shall not be acceptable. Excessive equipment down time is defined as three (3) or more service calls over a sixty (60) day period for repairs to the same piece of equipment. Should a piece of equipment (a) continue to malfunction after three service calls, (b) require excessive amount of remedial maintenance, or (c) in the opinion of the agency, equipment is still not providing satisfactory performance after three service calls, the contractor, after receiving notice in writing by the agency that such a situation exists, agrees to remove and/or replace the defective unit or entire system as per the original specifications (agency's choice) within ten (10) business days of such notice at no cost to the agency. If the agency requests removal of leased equipment, contractor will MAIL PROCESSING EQUIPMENT Page 50 of 55 cancel the lease effective immediately with no additional payments due from agency. Failure to comply with above requirements shall result in the contract supplier being found in default and cancellation of the contract by the State. Note: Customers materials and operating environment must meet or exceed manufacturers' specifications in order for equipment non-performance to be determined. 6.13 Technical Documentation Technical documentation (i.e. product brochures showing equipment specifications) is required to be submitted with the ITN response for all products offered. Technical Documentation may be in a CD or hardcopy format with each item clearly identified. To better assist the evaluation team, please group equipment into low, medium and high volume sections. Failure to provide the required technical documentation with the submittal may make the submission non-responsive, unless the State, in its sole discretion, determines the acceptability of the products offered through technical documentation available as of the date and time of solicitation opening. Such authority shall in no way relieve the contractor from the ultimate responsibility to submit the required technical documentation, nor shall any contractor assume that such documentation, is otherwise available to the State, nor shall the State be responsible for the accuracy of' the technical documentation in its possession. 6.14 Training Unit pricing includes "on-site" instruction to using personnel, if requested for the purchase or lease of new equipment (except postage meters). Contractor will provide a minimum of two (2) hours on-site training for standard, table -top equipment to adequately instruct personnel in the use of new equipment. Contractor will provide a minimum of eight (8) hours on-site training for large, special order, stand alone equipment to adequately instruct personnel in the use of new equipment. Training will be performed after installation and prior to actual operation and acceptance. At the agency's request, further training may be requested at no additional charge, up to a maximum of twenty (24) hours of total training. 6.15 Equipment Manual Each machine purchased or leased shall come with one (1) user's manual that contains operating and service instructions for that equipment, includes necessary warnings, safety precautions and proper preventative and remedial maintenance for the equipment. 6.16 Purchase and Lease Provisions Each piece of equipment offered in response to this solicitation shall be available for purchase or lease. Customer will be authorized to enter into a contract for equipment by issuance of a purchase order referencing the contract number. The manufacturer's lease agreement form will not be used since a contract resulting from this negotiation and the purchase order will constitute the complete agreement. In the event some type of additional agreement is signed by an agency in error, it will be considered void and non-binding to agency. State Agencies (only) are required to receive approval from the Department of Financial Services prior to entering into a lease in excess of 525,000 in aminal value. State agencies are urged to review the Comptrollers latest memorandum addressing leases and installment purchase of equipment when considering the leasing of equipment. a, Lease Provisions Lease prices shall remain firm throughout the lease period selected by the Lessee. The date of acceptance is that date listed on the Certificate of Acceptance Form after equipment has been installed, tested and agency trained. Lease agreements shall be effective on the date listed on the Certificate of Acceptance MAfI. PROCESSING EQUIPME'\:7' Page .I o f ,ti Form. The terms and conditions of this contract will remain in effect throughout the term of any lease entered into. The lease shall continue in force for the full term of the lease, even if the state contract, under which the lease was initiated, naturally ends or is terminated. Available Lease Periods: • 3 -Year Lease: A consecutive thirty-six (36) month equipment plan (not a Iease purchase plan) which shall expire at the end of the thirty-six (36) month period. No termination notice shall be required by either party at end of lease. 4 -Year Lease: A consecutive forty-eight (48) month equipment plan (not a lease purchase plan) which shall expire at the end of the forty-eight (48) month period. No termination notice shall be required by either party at end of lease. • 5 -Year Lease: A consecutive sixty (60) month equipment plan (not a lease purchase plan) which shall expire at the end of the sixty (60) month period. No termination notice shall be required by either party at end of lease. Each lease agreement shall include a full service maintenance agreement for equipment for the life of the lease. Cost for the maintenance agreement shall be included in the monthly lease price, but identified separately on the Price Worksheet for informational purposes only. Lease prices are a critical component of this solicitation and must meet the financial guidelines outlines by Florida's Department of Financial Services i.e. 90% of the purchase cost. All lease prices submitted will be reviewed by the Department of Financial Services Lease Division to determine if the purchase is financially prudent. Any lease found to be in excess of DFS's 90% rule will not be accepted. Each Respondent is asked to provide additional information for lease price evaluation including: maintenance cost per lease, residual value of equipment at end of each lease term, useful life of equipment and interest rate charged per lease. The State uses these figures when conducting a total cost of ownership analysis on equipment. lb. Expiration of Lease Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed for a new lease period. No termination notice shall be required by either party at end of lease. All equipment leased under each lease agreement shall be removed from the customer's location within ten (10) days after expiration of lease at Contractor's expense. All equipment removals shall be coordinated with Customer. c. Renewal of Lease Renewal of a lease is not permitted under this contract however an agency may re -negotiate a new lease at a lower rate. Any leases re -negotiated that are in excess of $25,000 in annual value will require Department of Financial Services approval (State Agencies only) prior to execution of new lease agreement. d. State of Florida Consolidated Equipment Financing Program (CEFP) Financing is available to state agencies and state universities through the Department of Financial Services for most types of purchases of $30,000 in value and higher. For further details, go to htip://fld,fs.com/aadir/cefb/. MAIL PROCESSING EQUIPMENT Page 52 of 55 e. Purchase of Leased Equipment Purchase of leased equipment by state agencies does not require prior approval as a contract exception through State Purchasing. f. Lease Cancellation for Convenience The initial lease agreement may be canceled at any time during the lease period by the lessee (Customer). .1 thirty (30) day cancellation notice will be required of the lessee in writing. All money due the lessor (Contractor) for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal except in documented cases of non-performance by the Contractor. Upon cancellation of a lease agreement by the lessee without cause, the equipment will be returned to the lessor with transportation at the lessee's expense as well as removal charges, if applicable. g. Lease Cancellation Due To Non -Performance The initial lease agreement, in its entirety inclusive of all equipment components, may be cancelled during the lease period for non-performance related issues of one or more pieces of the system as defined in Section 6.12. If the lessee requests removal of leased equipment, lessor will cancel the lease effective immediately with no additional payments due from customer. Equipment will be removed from lessee site within ten (10) business days of such written notice at no cost to the customer. h. Lease Equipment Risk of Loss or Damage Upon acceptance of equipment, the ordering entity shall be responsible for insuring all leased equipment from risk of loss or damage for life of lease. Per Paragraph 6.8, Warranty, "acceptance" is defined as the date on which customer accepts equipment as evidenced by the execution and delivery of a Lease Certificate of Acceptance Fonn to contractor (i.e. the contractor has performed delivery, installation and training of equipment to ordering entity's satisfaction). i. Lease Payments Payment for equipment will be processed upon the satisfactory completion of delivery, installation, training and acceptance. Payment terms of each lease, may be either monthly, quarterly, semi-annually or annually at the ordering entities option. Payments may be made using a purchase order or P -Card. J. Location and Moving of Leased Equipment Customer shall notify Contractor any time leased equipment is relocated to another physical street address. Relocation of leased equipment within the same building shall be performed by the Contractor at no charge. Within the same complex shall be done at no charge unless equipment must be trucked to another building and then a standard industry charge is allowed and payable under this contract if a truck is necessary. Contractors are encouraged to submit price lists for moving, whether the charge is hourly rate or flat rate, with their submittal. k. Maintenance and Service of Leased Equipment Contractor certifies acceptance .f"tue following guarantees or, l,ea5eu lilitS.. i. All broken or defective parts not caused by accident, neglect, misuse, or abuse and all necessary machine adjustments occasioned by such defective or broken parts will be covered by the MAIL PROCESSING EQIPIPMENT Page 53 of 55 Contractor during the term of the lease. The Contractor agrees to promptly repair or replace on a one for one basis without additional cost to the ordering entity. ii. Contractor will be responsible for pick up and/or delivery of units that require service. If the required service cannot be completed within two (2) business days, the Contractor will provide an equivalent loaner piece of equipment to entity, at no additional charge. iii. While a unit is under a lease agreement, all rate changes and software updates shall be included. iv. All meter resets are all inclusive, not paid per occurrence for meter refills. 1. Other Fees & Charges Contractor, dealers and leasing agents may not charge agencies any additional fees, including but not limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, etc. o. Department of Financial Services Lease Form Contractor will be required to complete and submit to agency Attachment N, Checklist for Requesting Dept. of Financial Services Approval to Lease Equipment (DFS -Al -411), for any lease valued at $25,000 or more. 6.17 Maintenance Agreement Respondent shall include a price for a twelve (12) month full service maintenance agreement for purchased equipment on the Price Sheet. Maintenance shall include preventive maintenance, all service calls, travel, loaner equipment and no charge replacement of all defective or worn parts and machines. If purchased, maintenance agreement will commence after warranty expires. Cost for maintenance agreement shall be shown separately on the Price Sheet. Maintenance Agreements for the purchase of equipment will be pro -rated after the manufacturer's warranty period expires. Future maintenance agreement prices for equipment purchased under this contract may not increase by more than five percent (5%) over the previous year's maintenance cost. Maintenance agreement will be payable on a monthly, quarterly, semiannually or yearly basis, as specified by the contractor. 6.18 Required Certification Any products bid must have approved UL Certification or energy star certification and UL approved labeling or energy star labeling on each machine. Any product that has a postage scale included shall have both an approved UL Certification and be in compliance with standards established by the U.S. Department of Commerce National Institute of Standards and Technology for weighing and measuring devices. UL or energy star approval labeling must be on each scale. 6.19 Balance of Product Line Contractors are asked to bid an additional percentage discount for "balance of line" equipment, accessories and supplies the Contractor offers that is related to mail processing equipment, but is not identified in one of the identified Product Groups. Percentage discount will be entered on Attachment A, Price Sheet. State Purchasing reserves the right to request technical literature on any item which appears in the balance of ii Slate Purchasing reserves the right to accept or reject any individual item(s) offered as balance of line. MAIL PROCESSING EQUIPMENT Page 54 of 55 6.20 Equipment Serial Numbers The serial number of the main base unit will be the primary serial number used to identify a mail equipment system. 6.21 Postage Meters Postage meters may be rented, leased or purchased under this contract. All postage meters placed under this agreement are subject to return to the contractor if requested by the State. All postage meter plans must include, as a minimum, a thirty (30) day cancellation notice without penalty requirement. At the termination of the contract period, the contractor will remove all postage meters from the various agencies, at the contractor's expense, if the using agency desires to cancel the placement. Under all postage meter rental and lease plans the contractor shall provide the following at no additional charge: a. The monthly charge for postage meters shall include meter and complete meter maintenance for the term of the rental. b. Perform all repair service. c. Supply all necessary parts and labor for repair service. d. Provide replacement unit within one (1) business day if meter cannot be repaired. e. Perform all maintenance for postage meter rentals. f. Return any and all unused postage to agency at end of service. g. Delivery and pick-up of equipment. Exception: It will be the ordering entity's responsibility to purchase a meter maintenance agreement for "purchased meters" if so desired. Remote Telephone Postage Requirements: Contractor shall provide postage meters that have the capability of being reset and/or refilled with postage electronically by telephone or through the internet. All Contractors must accept ACH transfers that will give the customer the ability to utilize any bank they want. Contractor shall provide a central location for agencies to contact by telephone for the purpose of having the postage meter replenished. The telephone call shall be toll-free from anywhere in the United States and the agency need only enter the account number and meter number. For security purposes, the contractor shall provide each participating agency with a unique resetting code for its meter and have the capability of changing this code with each transaction. For security purposes, the contractor shall provide each agency with a unique resetting code for its meter and have the capability of changing code with each transaction. All systems shall conform with and be governed by all postal regulations in effect at the time of this offering and be kept in compliance during the term of this contract. Contractor shall provide a detailed postage activity statement to each agency on a monthly basis. This statement shall provide sufficient information for the agency to account for and record its postal activities. Cost for all of the above services shall be included in the monthly meter price. 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N CWO -4 N N O O 0 O 0 O 0 O 0 O 0 O 0 O C 0 G O O O O O O O O O O O O O O p 0 CD 0 0 0 0 0 0 0 69 69 69 Ul .A 69 co 69 N 69 <Qq 1 -n 69 N -� b9 1 �l ffl j A Ef) j� EA NCO 6R A W W -+W W N O N �I Co — O C) N W 0 W (D 0 69C CA ACn GA -1 N CO -I p v +� N CAD 0 O W O N CT CA W V M V W M CA O 0 O 0 O 0 O 0 O 0 O 0 O 0 W Ch O O T Z m O m n m cn 2 m m -4 ORDERING INSTRUCTIONS COMPANY: MODULAR MAILING SYSTEMS (A) Federal Identification Number: 59-2442339 ORDERING INFORMATION: Customers should direct orders for PURCHASE of equipment, accessories or supplies to: Company: Modular Mailing Systems Name: Cathy Hooten Title: Vice President Street Address: 4913 West Laurel Street Tampa Florida 33607 E-mail Address: chootenamodularmailinp�.com Toll Free Number: 800-881-6245 Fax Number: 813-348-0017 Remit Address: 4913 West Laurel Street Tampa on 33607 Federal ID Number: 59-2442339 Customers should direct orders Company:_ for LEASING of equipment to: Hasler Financial Services 'Mame: Cathv Hooten Title: Vice President Street Address: 4913 West Laurel Street Tampa Florida 33607 E-mail Address: chooten(a�modularmailina.com Toll Free Number: 800-881-6245 Fax Number: 813-348-0017 Remit Address: PO Box 4850 Redwood City CA 94065 Federal ID Number: 81-0612507 OUESTIONS, PRODUCT INFORMATION &_CONTRACT ISSUES: Primary contact person responsible for answering contract related questions and administering contract issues is: Name: Cathy Hooten Title: Vice President Street Address: 4913 West Laurel Street, Tampa Florida 33607 E-mail Address: chooten(&modularmailing corn Phone Number: 800-881-6245 Cell Number: 813-624-2003 Toll Free Number: 800-881-6245 Fax Number: 813-348-0017 After hours Emergency Number: 813 -624-2003 Minority Business: ! yes x no Company URL: ht:liwvvw.modularmailim_.comifloridai ORDERING INSTRUCTIONS COMPANY: PITNEY BOWES INC. (A) Federal Identification Number: F - 060495050 ORDERING INFORMATION: Customers should direct orders for PURCHASE of equipment, accessories or supplies to: Company: Pitney Bowes Inc Name: Chip Davin Title: Government Account Manager Street Address: 516 Teton Street Lake Mary Florida 32746 E-mail Address: chip.davinntib com Toll Free Number: 800-322-8000 ext. 22165 Cell Number: 407-221-0430 Fax Number: 203-460-9544 After hours Emergency Number: Remit Address: 407-221-0430 P.O. Box 856390 City, State, Zip: Louisville KY. 40285 Federal ID Number: F-060495050 Customers should direct orders for LEASING of equipment to: Company: Pitney Bowes Global Financial Services Name: Chip Davin - — Title: Government Account Manager Street Address or P.O. Box: Toll Free Number: 516 Teton Street Lake Mary Florida 32746 800-322-8000 ext.22165 Ordering Fax Number: Internet Address: 203-460-9544 chil2.davin(@12b.com Remit Address: P.O Box 856460 City, State, Zip: Louisville KY. 40285 Federal ID Number: 20-1344287 QUESTIONS PRODUCT INFORMATIONN & CONTRACT ISSUES: Primary contact person responsible for answering contract related questions and administering contract issues is: Name: Chip Davin Title: Government Account Manager - - Street Address: 516 Teton Street Lake Mary Florida 32746 - E-mail Address: chip davin wpb com Phone Number: 800-322-8000 ext. 22165 Cell Number: 407-221-0430 Fax Number: 203-460-9544 After hours Emergency Number: 407-221-0430 Minority Business: — yes x no Company URL: wNvw.pb.com/states/florida - D N My w N E 2 < G < G < < < < < < G < < _ �+ to 3 3 oG y a 3 3 o 3 o< 3 3 3 3 pG 3 3 - o c c Cl o c o o m m m m G g 5 �` GG r 30 » N 30 a„ 7 �_ Im olm md old �3d ol_ olm `nN8�= o m ofm � ol'o &`�c IG ➢c i� 1dgN Vm8r- ^ m�- � ^Na ` 3c 3 3"... 3. m3 3 O ^$+ID $3 ��A acmy 3 m6 3G d((6=pp dn,. 3m3 dcj aoi 3a D+D �- >d cd- D3 N Nndc nd S8too, ��p .� N 6 mm 6 imp a imp 6 imp -� d v_�mp = �1 �ryp f1 d o n �^ m _ m n �.. �i ,fid n v_m C. ,1 9 ^ �. ^.D G O a i� 6 a d� a O 6 G � N� N� O� i� � i i U� O� 6�� ? m a w am.32 m m _ m 9 am,3d R LI. 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Manatee County complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach's requirements. EXPLANATION: The City of Boynton Utilities Department currently piggy -backs the Manatee County Utilities Bid #07- 5835FL, City Commission approved on April 1, 2008. Manatee County Utilities just approved addendum #1 to the contract agreement and an extension from September 13, 2008 to September 12, 2009. The Utilities Department recommends accepting these changes to this contract for odor and corrosion control services which include peroxide, the equipment used to store and inject product into the system, service on the equipment, delivery of product and monthly reports on how the product is performing in the wastewater collection and pumping system. Currently we are utilizing hydrogen peroxide to control odor emissions for multiple lift stations but this contract offers other chemicals and services if the department should need to adapt to a changing environment within the collection system. These odors are caused by the formation of hydrogen sulfide coming from the lift station wet well. Hydrogen peroxide has been the choice to control the formation of hydrogen sulfide; and thus, controls the odors. PROGRAM IMPACT: By introducing Hydrogen Peroxide into the wastewater system at the various lift station sites we are able to minimize odors and reduce pipeline, structures and equipment corrosion. Authorizing the use of Hydrogen Peroxide will help maintain properly functioning wastewater system. FISCAL IMPACT: Funds, $200,000, are available in account 401-2816-536-52-35, Process Chemicals. The estimated expenditures for one year are approximately $200,000.00. Historically expenditures have been: 2008 $173,514 2007 $203,428 2006 $132,965 2005 $169,156 2004 $232,831 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC March 2, 2009 (Noon) E2 March 16, 2009 (Noon 0 tom: Z ❑ City Manager's Report N ❑ New Business -p—? ❑ Legal 3 W ❑El Unfinished Business RECOMMENDATION: A motion to approve an extension of the Bid 407-5835FL with Manatee County to Siemens Water Technologies, of Sarasota, Florida, to provide Hydrogen Peroxide and the services included for odor and corrosion control for an estimated expenditure of $200,000.00. Manatee County complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach's requirements. EXPLANATION: The City of Boynton Utilities Department currently piggy -backs the Manatee County Utilities Bid #07- 5835FL, City Commission approved on April 1, 2008. Manatee County Utilities just approved addendum #1 to the contract agreement and an extension from September 13, 2008 to September 12, 2009. The Utilities Department recommends accepting these changes to this contract for odor and corrosion control services which include peroxide, the equipment used to store and inject product into the system, service on the equipment, delivery of product and monthly reports on how the product is performing in the wastewater collection and pumping system. Currently we are utilizing hydrogen peroxide to control odor emissions for multiple lift stations but this contract offers other chemicals and services if the department should need to adapt to a changing environment within the collection system. These odors are caused by the formation of hydrogen sulfide coming from the lift station wet well. Hydrogen peroxide has been the choice to control the formation of hydrogen sulfide; and thus, controls the odors. PROGRAM IMPACT: By introducing Hydrogen Peroxide into the wastewater system at the various lift station sites we are able to minimize odors and reduce pipeline, structures and equipment corrosion. Authorizing the use of Hydrogen Peroxide will help maintain properly functioning wastewater system. FISCAL IMPACT: Funds, $200,000, are available in account 401-2816-536-52-35, Process Chemicals. The estimated expenditures for one year are approximately $200,000.00. Historically expenditures have been: 2008 $173,514 2007 $203,428 2006 $132,965 2005 $169,156 2004 $232,831 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES(ontinue to use only Hydrogen Peroxide for odor and corrosion co trot. Department Head's Signature City Manager's Signature b XC: Michael Low Barb Conboy Dan Spooner George Peck File SIBULLETINTORWAGENDA ITEM REQUES'C FORM DOC Assistant to City nager City A orney / Finance ManateeCounty• a Clerk of the Circuit Court and Comptroller --l° P.O. Box 25400 • Bradenton, Florida 34206 a f9411 749.1800 • FAX j941) 741.4082 • www.manateeclerk.com DATE: October 22, 2008 TO: Siemens Water Technologies 2550 Tallevast Road Sarasota, Florida 34243 r FROM: Clerk of Circuit Court Board Records Department Vicki Jarratt P. O, Box 25400 Bradenton, FL 34206 RE: Odor and Corrosion Control Services (Addendum 1) Approved: In open session by the Board of County Commissioners, Manatee County, Florida, on October 21, 2008. cc: Board Records RBS/SGR/vj Clerk of Circuit and County Court • Clerk of Board of County Commissioners 0 County Comptroller, Auditor and Recorder ADDENDUM NUMBER ONE TO ODOR AND CORROSION CONTROL SERVICES THIS ADDENDUM NUMBER ONE TO THE AGREEMENT, is made and entered into by and between the COUNTY OF MANATEE, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "County," with a mailing address at 1112 Manatee Avenue West, Bradenton, FL 34205 and SIEMENS WATER TECHNOLOGIES, hereinafter referred to as the "Contractor", duly authorized to conduct business in the State of Florida, with offices located at 2650 Tallevast Road, Sarasota, FL 34243. WHEREAS, on September 11, 2007 the parties hereto entered into an Agreement for Odor and Corrosion Control Services; and WHEREAS, the Agreement may be amended upon mutual consent of the County and Contractor as evidenced by execution of an addendum; and WHEREAS, the County has determined there is a need to extend the agreement for another year and incorporate updated prices; and NOW THERE, for and in consideration of the mutual benefits to be derived, the parties hereto agree as follows: 1. The term of the agreement is extended for one year commencing September 13, 2008 and terminating September 12, 2009 on an as required basis. 2. Incorporate a negotiated updated to Attachment "B" Payments as attached to this Addendum (only items 4, 7, 8, 9, 16 and 17 of A. Chemical & Biological Products have been increased). 3. All other terms and conditions of the Agreement shall remain in full force and effect. ACCEPTED IN OPEN SEG),rION � n ()C-1 2008 BOARD OF COUNTY GOl,1;.115S10;JER5 MANJUEE COUNTY, I UX1,10A The parties hereto have caused this Addendum Number One to the Agreement for Odor and Corrosion Control Services to be fully executed, in duplicate, by their authorized representatives. WITNESSES: Sign Name: Print Name: S ri Whalen Sign Name E SCCC4,t6&j Print Name: Lucinda Plyler SIEME S A R EC Q GIES By. , Print Name: Jennifer R. Miller Title: Vice President & General Mgr. Phone Number: 941-355-2971 Reco nded By: Daniel Gray, Director Utilities Department Approved as to Format and Correctness Sign: ' C. " oCuthbert, P.M. �61 urc `asinb Division APPROVED, with a quorum presented and voting thisQ14-rday of 2008. Attest: 2) lig• ?401 R. B. "Chips" Shore Cleric of the Circuit Court o: 0 "COUNTY" COUNTY OF MANATEE, a political sub- diyision of the State of Florida Sign: '1ILWU4/��'I+�� Jane W. von Hahmann, Chairman ATTACHMENT "B". PAYMENTS (Revised as of 9/13/08) A. Chemical & Biological Products Item# Description Proposed Proposed Price 1 Bioxide $ 1.890 /gal 2 Bioxide AQ $ 2.650 /gal 3 Bioxide A+ $ 2.800 /gal 4 A+ $ 2.700 /gal 5 Bioxide AE 45 $ 2.350 /gal 6 Nitraz me Plus $ 1.750 /gal 7 Oda hos 0.5 lb/gal $ 0.608 /gal 8 OdoFree $ 1.165 /gal 9 Ferric Sulfate 10% $ 1.203 / al 10 Textone L NaC102 $ 0.650 Ab 11 Endimal1500 $ 1.360 Ab 12 Hydrogen Peroxide 50% $ 0.380 Ab 13 PRI -SC Peroxide $ 0.420 Ab 14 VX -456 $ 1.120 Ab 15 A uit $ 15.000 Ab 16 Sodium Hydroxide 25% $ 2.520 /gal 17 Sodium Hydroxide 50% $ 4.860 /gal 18 Sodium Hypochlorite $ 1.300 /gal 19 Friendly Scrubber Component (FSC 150) $ 3.250 /gal B. Existing Rental System Pricing Systems Proposed FSC Program Monthly 175-125 Item # Description Rental Fee 25-75 ppm Ave ppm Ave Wet Scrubbers Non -FSC FSC 1 <100 CFM (Single Stage) $ 500.00 $ 615.20 $ 730.40 2 100-400 CFM Two Stage) $ 920.00 $ 1,208.00 $ 1,496.00 3 300-1000 CFM(Three Stage) $ 1,130.00 $ 1,498.64 $ 1,867.28 4 500-1000 CFM w/ Acid Stage) $ 1,600.00 N/A N/A 5 1000-2000 CFM $ 1,800.00 $ 2,537.28 $ 3,274.56 6 2000-6000 CFM $ 3,500.00 $ 4,997.60 $ 6,495.20 7 9000-11000 CFM $ 3,500.00 $ 5,228.00 $ 6,956.00 Biological scrubber 1 Natural Draft $ 100.00 2 <75 CFM $ 350.00 3 75-150 CFM $ 750.00 4 150-350 CFM $ 1,050.00 5 350-500 CFM $ 1,300.00 Carbon scrubber 1 <75 CFM $ 350.00 2 75-200 CFM $ 800.00 3 200-400 CFM $ 1,100.00 4 400-600 CFM $ 1,350.00 B. Siemens Water Technologies Primary Vapor Phase Technologies Monthiv Costs Item # Air Flow Rate cfm Average 1-12S Concentration (ppmv) { _-- 10 1 10-100 100-200 200-500 1 Natural Draft $100.00 $250.00 N/A N/A 2 75 CFM $460.00 $630.00 $760.00 $1,320.00 3 150 CFM $625.00 $760.00 $1,320.00 $1,635.00 4 350CFM $1,300.00 $1,320.00 $1,635.00 $1,810.00 5 600 CFM $1,500.00 $1,635.00 $1,810.00 $2,540.00 6 850 CFM $1,740.00 $1,810.00 $2,185.00 $3,200.00 7 1150 CFM $1,790.00 $2,185.00 $2,540.00 $3,500.00 8 1500 CFM $2,020.00 $2,540.00 $2,745.00 $3,700.00 9 2000 CFM $2,290.00 $2,745.00 $3,430.00 $4,100.00 10 3000 CFM $2,695.00 $3,430.00 $3,930.00 $4,900.00 11 4000 CFM $2,945.00 $3,930.00 $4,900.00 $5,900.00 12 5000 CFM $3,630.00 $4,620.00 $5,900.00 $6,800.00 13 8000 CFM $5,425.00 $6,200.00 $7,000.00 $8,000.00 14 12000 CFM $7,410.00 $8,500.00 $9,500.00 $10,500.00 15 15000 CFM $8,100.00 $10,500.00 $11,500.00 $12,500.00 16 18000 CFM $8,630.00 $12,500.00 $13,000.00 $15,000.00 B. Siemens Water Tech nologiesChemical Scrubbers Monthly Costs Item # Wet Scrubber Description New Fee FSC Program 25 -75 ppm H2S Ave 75- 125 ppm H2S Ave 1 100 CFM (Single Stage) $ 1,030.00 $ 1,168.24 $ 1,306.48 2 450 CFM(Two Stage) $ 1,025.95 $ 1,648.60 $ 1,994.20 3 450 CFM Three Stage) $ 1,548.20 $ 1,893.80 $ 2,239.40 4 900 CFM ahree, Stage) $ 1,664.00 $ 2,106.37 $ 2,548,74 5 900 CFM Three Stage w/Acid $ 1,706.36 N/A N/A 6 2000 CFM $ 3,289.60 $ 4,174.34 $ 5,059.07 7 4000 CFM $ 3,367.53 $ 5,164.65 $ 6,961.77 8 4000 w/ Acid Stage $ 4,329.63 NIA N/A 9 5500 CFM $ 4,785.84 $ 6,721.20 $ 8,656.56 10 7100 CFM $ 4,872.34 $ 6,876.82 $ 8,881.30 11 9100 CFM $ 5,015.59 $ 7,089.19 $ 9,162.79 12 11200 CFM $ 5,398.20 $ 7,886.52 $ 10,374.84 13 13600 CFM $ 5,848.35 $ 8,751.39 $ 11,654.43 14 16200 CFM $ 6,150.41 $ 9,468.17 $ 12,785.93 15 20000 CFM $ 6,653.30 $ 10,385.78 $ 14,118.26 16 124500 CFM $ 7,128.09 $ 11,275.29 $ 15,422.49 SIEMENS Water Technologies Telephone 1 (941) 355-2971 Siemens Water Technologies, 2550 Tallevast Rd.. Sarasota. FL 34243 Fax 1 (941) 351-4756 Internet www.siemens.com/water SIEMENS WATER TECHNOLOGIES RESPONSE TO MANATEE COUNTY UTILITIES RFP #07-5835FL ODOR AND CORROSION CONTROL SERVICES SUBMITTED APRIL 10, 2007 Approved by: Robert Tatum, P.E. Senior Vice President, Odor Control Segment SIEMENSWater Technologies Alow Telephone 1 !941) 355-2971 Siemens water Technologies, 2650 Tallevast Rd- Sarasota, FL 34243 Fax i ! 941 J 351-4756 Internet www. siemens.corrVwater April 10, 2007 Mr. Frank Lambertson, Contracts Negotiator Manatee County Financial Management Department, Purchasing Division 1 112 Manatee Ave. West, 8th Floor Suite 803 Bradenton, FL 34205 RE: REQUEST FOR PROPOSAL NO. 07-5835FL ODOR AND CORROSION CONTROL SERVICES Dear Mr. Lambertson: Siemens Water Technologies Odor Control Group sincerely appreciates the opportunity to participate in the above -referenced Request for Proposals. Siemens Water Technologies Corp. provides odor and corrosion control products and services to water AO`' and wastewater utilities around the world from our Odor Control Group headquarters right here in Manatee County. We are pleased to be a valued partner of our hometown utility and we are proud to be a part of what makes Manatee County such a great place to live. For over 25 years Siemens Water Technologies Corp. has successfully helped Manatee County control wastewater odors and protect wastewater infrastructure from corrosion. Together, our prompt and thorough response to odor and corrosion issues has maintained customer and neighbor satisfaction and protected the integrity of the wastewater collection system. As partners, we have avoided the high profile odor and infrastructure failure events that have affected other utilities. Our partnership has also provided benefits to Manatee County and to Siemens through technical innovation. Because of our relationship and the proximity of our headquarters to Manatee County facilities, many Siemens Water Technologies innovations are first applied here, giving Manatee County the first benefit of improved performance and reduced costs of treatment. The benefits of this partnership were recently recognized by the Water Environment Federation which selected a technical paper co-authored by Manatee County and Siemens personnel for presentation at WEFTEC 2007 in San Diego, California. This paper will share with the international wastewater community the innovati o ,,•ork on digester sulfide control conducted by Manatee County and Siemens at the Southwest Water Reclamation Facility. SIEMENS .r We at Siemens Water Technologies are constantly striving to improve our products, service, and overall value to Manatee County. As you review our proposal, we would like to encourage you to pay special attention to the following items which we feel add particular value to Manatee County: • Since our last proposal in 2003 costs have increased dramatically, particularly those of petroleum-based raw materials used in our polyethylene and FRP process equipment and fuel needed for service and chemical delivery vehicles. Despite these cost increases, we have made every effort to minimize the cost impact on Manatee County. The pricing we have proposed includes a volume discount off of our list pricing, based on our sales volume with the County. Based on current Manatee County expenditures with Siemens Water Technologies, the County's volume is over double that which is required to remain in the pricing range proposed. However, in the event the County's volume should drop below the threshold values, additional surcharges would apply. Please see Section 11, Cost Summary, for details. • In the past, we have offered pricing for vapor -phase odor control devices on a product/technology basis (i.e., price X for a chemical scrubber, price Y for a biofilter, etc.). In an effort to provide greater flexibility to Manatee County, we have included pricing on an application basis (i.e., price based on air flow rate and sulfide loading). This gives greater flexibility to apply the Best Available Control Technology (SACT) to each application and provides the ability to easily apply new technologies as they become available. • The Request for Proposal document has no pre -defined contract term. Siemens proposes that the contract be subject to indefinite annual renewals by mutual consent of both parties with all contract prices adjusted annually in accordance with the Consumer Price Index (CPI). Thanks again for the opportunity to be of service, Mr. Lambertson. We eagerly look forward to a continued partnership with Manatee County. Should you have any questions regarding our proposal or if I can be of assistance in any way, please do not hesitate to call me at 928-0453. Sincerely, SIEMENS WATER TECHNOLOGIES CORP. 7 Vaughan Harshman, P.E. Sales Representative Encl. i SIEMENS op- Table of Contents Section Description ............ ..... ------------- --- --------.... ------------------ - - -........-------------- -.._............... -... ...... -.............................--......................... 1 Administrative Submittal 2 References 3 Minimum Qualifications & Background 4 Key Personnel 5 Project Organizational Chart 6 Odor & Corrosion Control Processes 7 Service & Maintenance Program a Sample Reports 9 Safety Plan 10 Waming Notices 11 Cost Summary 12 Additional Information Awl .9001k REQUEST FOR PROPOSAL #07-5835FL ODOR AND CORROSION CONTROL SERVICES Manatee County, a political subdivision of the State of Florida (hereinafter "Manatee County" or the "County") will receive proposals from individuals, corporations, partnerships, and other legal entities authorized to do business in the State of Florida, for the purpose of providing Odor and Corrosion Control Services for the Utility Operations Department. TIME AND DATE DUE: Proposals will be received until 4:00 p.m., Tuesday, April 10, 2007, at which time they will be publicly ORened. All interested parties are invited to attend this opening. CONTENTS OF THIS REQUEST FOR PROPOSAL: Section A: Information to Proposers pages 2 - 8 Section B: Form of Proposal pages 9-10 Section C: Selection page 11 Section D: Negotiation of the Agreement page 12 Section E: Scope of Services pages 13 - 14 Proposal Signature Form page 15 Manatee County Resolution R-93-22 Attachment A Drug Free Work Place Certification Attachment B Environmental Crimes Certification Attachment C Important note: A prohibition of Lobbying has been enacted. Please review paragraph A.17 carefully to avoid violation and possible sanctions. FOR INFORMATION CONTACT: Frank Lambertson, Contracts Negotiator PHONE (941) 749-3042 FAX (941) 749-3034 Manatee County Financial Management Department Purchasing Division AUTHORIZED FOR RELEASE: J J r RF p N07.5835FL Odor & Corrosion Control Services REQUEST FOR PROPOSAL #07-5835FL SECTION A: INFORMATION TO PROPOSERS PROPOSERS MUST COMPLY WITH THE FOLLOWING INSTRUCTIONS TO BE CONSIDERED FOR SELECTION. A.01 OPENING LOCATION These proposals will be publicly opened at Manatee County Purchasing, 1112 Manatee Avenue West, 8th Floor, Suite 803, Bradenton, Florida 34205, in the presence of County officials at the time and date stated on the cover sheet. All Proposers or their representatives are invited to attend, A.02 PROPOSAL INFORMATION AND PROPOSAL DOCUMENTS Manatee County Purchasing Division posts notices of bidding or proposal opportunities and addenda on Onvia DemandStar at http://www.DemandStar.com and on the Purchasing Division's web page at http://www.co.manatee.fl.us which can be accessed by clicking on the "Purchasing" button on the left side of the screen and then clicking on the "Bids and Proposals" button. Onvia DemandStar has an Agency level subscription option that allows vendors to download bid or proposal documents and transact business with any one (1) agency for free. Vendors will receive email/fax notices of the agency's formal bid or proposal and informal quote opportunities, at no charge. This includes unlimited downloads/print capabilities for all electronically uploaded files by the agency, at no charge. Agency level subscribers will receive a complimentary subscription to the agency, to be automatically renewed annually. If a vendor chooses to increase the number of agencies beyond their single agency, regular subscription fees will apply. If a vendor chooses to download documents from a bid or proposal outside their agency, they will be charged a S5 download fee. You can register for free email notifications and downloads of Manatee County bids, proposals and addenda from Onvia DemandStar at http://onvia.rsc02.net/servlet/website/ResoonseFDnn?he0E.4OkLLHnLp,JR fHgHmLL9hNemR, or call DemandStar at 800-331-5537 if you have any questions. NOTICE: AUTOMATED NOTICES OF ADDENDA ARE ISSUED ONLY VIA THE ONVIA. DEMANDSTAR "PLANHOLDER" DISTRIBUTION SYSTEM IF YOU OBTAIN A COPY OF THIS PROPOSAL DOCUMENT FROM OTHER THAN REGISTERING WITH ONVIA DEMANDSTAR WEB SERVICE FOR THIS SPECIFIC PROPOSAL - YOU SHALL NOT RECEIVE AUTOMATED NOTIFICATIONS OF ADDENDA. F.\USER\MC1084\WPDocs\RFP1075835n.rfp doc 2 3/58007 9.14 AM RFP a07-5835FL Odor & Corrosion Control Services A.02 PROPOSAL INFORMATION AND PROPOSAL DOCUMENTS (Continued) IT IS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITTING THEIR PROPOSAL, TO CONTACT THE MANATEE COUNTY PURCHASING OFFICE (see contact information on page one) TO DETERMINE IF ADDENDA WERE ISSUED AND TO MAKE SUCH ADDENDA A PART OF THEIR PROPOSAL. THE COUNTY DOES NOT MAINTAIN MANUAL LISTS OF POTENTIAL BIDDERS, NOR DOES THE COUNTY SUPPLEMENT THE DISTRIBUTION OF ADDENDA. The proposal documents are available in a portable document format (.PDF) files which you may view and print using Adobe Acrobat software. You may download a free copy of this software (Adobe) from the County's web page if you do not have it. Paper copies of proposal documents may be purchased from DemandStar or by ordering a copy from the Purchasing Office. The cost for copies of bid or proposal documents is established oer document and the cost is published as part of the specific bid or proposal's detail, subsection "Legal Ad" on the DemandStar web pages. Tabulation Sheets and Award Document/Recommendations appear on the DemandStar web page. Notices of Source Selections appear on the DemandStar web page when the solicitation was made using this bid or proposal delivery service and the County's web page (Financial Management — Purchasing Division). A public Internet connection to DemandStar is available during regular business hours in the lobby of the Purchasing Division. If you have questions which cannot be answered by these sources, please contact the individual named on the first page of the bid or proposal. A.03 PROPOSAL FORM DELIVERY REQUIREMENTS Any proposals received after the stated time and date will not be considered. It shall be the sole responsibility of the Proposer to have their proposal delivered to the Manatee County Purchasing office for receipt on or before the stated time and date. If proposal is sent by U.S. Mail, the Proposer shall be responsible for its timely delivery to the Purchasing Office. Proposals delayed by mail shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Proposer's request and expense. F:\USL•R\MC1084\WPDocs\RFlV?5835f1.rfp.doc 315/2007 9:14 AM #ph, RFP P-07.5835FL Odor & Corrosion Control Services A.04 CLARIFICATION & ADDENDA Each Proposer shall examine all Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing through the Manatee County Purchasing Office. The County shall not be responsible for oral interpretations given by any County employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Invitation for Proposals, the County will BROADCAST THE ADDENDA ON ONVIA DEMANDSTAR TO "PLANHOLDERS" IDENTIFIED ON THIS WEB SERVICE, however, it shall be the responsibility of each nronoser.prior. to submittin; their proposal, to contact the Manatee County Purchasing Office (see contact information on page 1) to determine if addenda were issued and to make such addenda a part of their proposal. A.05 SEALED & MARKED Four (4) signed copies of your proposal shall be submitted in one sealed package, clearly marked on the outside "Sealed Proposal #07-5835FL" and addressed to: Manatee County Purchasing 1112 Manatee Avenue West, Suite 803 Bradenton, FL 34205 A.06 LEGAL NAME Proposals shall clearly indicate the legal name, address and telephone number of the Proposer (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the Proposer to the submitted proposal. A.07 PROPOSAL EXPENSES All expenses for making proposals to the County are to be borne by the Proposer. A.08 EXAMINATION OF OFFER The examination of the proposal and the Proposer generally requires a period of not less than ninety (90) calendar days from the date of the opening of the proposals. F.IUSERWC1084\WPDocs\RFP\075835f1.rfp.doc 3!52007 9 14 AM RFP N07.5835FL Odor & Corrosion Control Services A.09 DISCLOSURE Upon receipt, responses become "Public Records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. A.10 RESERVED RIGHTS The County reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received by the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County reserves the right to award the contract to a responsible Proposer submitting a responsive proposal, with a resulting negotiated agreement which is most advantageous and in the best interests of the County. The County shall be the sole judge of the proposal, and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Information the County deems necessary to make this determination shall be provided by the Proposer. Such information may include, but shall not be 1 im ited to: current financial statements prepared by an independent CPA; verification of availability of equipment and personnel; and past performance records. � A.11 APPLICABLE LAWS Proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Manatee County will apply to any resulting agreement. Any involvement with any Manatee County procurement shall be in accordance with Manatee County Purchasing_ Code Ordinance 99- 37, as amended. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the Board of County Commissioners of Manatee County as required in Section 9-101 of the Purchasing Code. A protest with respect to this Request for Proposal shall be submitted in writing prior to the scheduled opening date of this proposal, unless the aggrieved person did not know and could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the scheduled opening date of this proposal. The protest shall be submitted within seven calendar days after such aggrieved person knows or could have reasonably been expected to know of the facts giving rise thereto. A.12 CODE OF ETHICS With respect to this proposal, if any Proposer violates or is a party to a violation of the Code of Ethics of Manatee County per Manatee County Purchasing Code Ordinance 99-37, Article 3, Ethics in Public Contracting, and/or the state of Florida per Florida Statutes, Chapter 112, Part 111, Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the F:\USER\MC1084\WPDocs1RFP\075835t1.rrp.doc . 3752007 9 14 AM J RFP d07-5835FL Odor & COrrosior Control Serviccs A.12 CODE OF ETHICS (Continued) goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work or for goods or services for Manatee County, A.13 COLLUSION By offering a submission to this Request for Proposal the Proposer certifies the Proposer has not divulged to, discussed or compared his proposal with other Proposers and has not colluded with any other Proposer or partie3 to this proposal whatsoever. Also, Proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to their own organization that in connection with this proposal: a. any prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Proposer or with any competitor; b. any prices and/or cost data quoted for this proposal have not been knowingly disclosed by the Proposer prior to the scheduled opening directly or indirectly to any competitor; C. no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; d. the only person or persons interested in this proposal as principal orprincipals is/are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entered into; and no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. A.14 PROPOSAL FORMS Proposals must be submitted in the format specified in Section B hereof. Additional support information may be included. Tabs are required to identify each item defined in Section B, Form of Proposal, thereby facilitating expedient review of all responses. A.15 PUBLIC ENTITY CRIMES in accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not J4101 submit a proposal on a contract to provide any goods or services to a public entity, may not FAUSERWC1084%WPDocs1RFM75835fl.rfp.doc 3/5/2007 9.14 AM 6 r If RFP 907-5835FL Odor & Corrosion Control Services A.15 PUBLIC ENTITY CRIMES (Continued) submit a proposal on a contract with a public entity for the construction or repair of public building or public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two (as of 1/01/2005 is $25,000) for a period of 36 months from the date of being placed on the convicted vendor list. A.16 DRUG FREE WORKPLACE The Manatee County Board of County Commissioners adopted a policy regarding maintaining a Drug Free Work Place, Resolution R-93-22. Proposers are asked to review the attached copy of the Resolution and provide either a certification of compliance with the program outlined in this Resolution or describe your fu -m's policy or program as it relates to maintaining a drug free workplace. A Drug Free Work Place Certification is attached to this proposal for this purpose. This response will be considered with the other criteria described herein. A.17 LOBBYING After the issuance of any Request for Proposals or Invitations for Bids, prospective bidders, Proposers or any agent, representative or person acting at the request of such bidder or Proposer shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposals or Invitation for Bids with any officer, agent or employee of Manatee County other than the Purchasing Manager or as directed in the Request for Proposals or Invitation for Bids. This prohibition begins with the issuance of any Request for Proposals or Invitation for Bids, and ends upon execution of the final contract or when the invitation or request has been canceled. Violators of this prohibition shall be subject to sanctions as provided in the Manatee County Purchasing Code. A.18 PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION In accordance with Ordinance 99-37, adding Article 6, Manatee County Board of County Commissioners adopted a policy prohibiting the award of County contracts to persons, business entities, or affiliates of business entities who have not submitted written certifi- cation to the County that they have not been convicted of bribery, attempted bribery, collusion, restraints of trade, price fixing, and violations of certain environmental laws. A Non -Conviction Certification Form is attached for this purpose. FAUSERWC 10841WPDocz\RFP1075835flAp.doc 3/52007 9:14 AM RFP 407.5835F1. Odor & Corrosion Control Scrvices A.19 EQUAL EMPLOYMENT OPPORTUNITY Manatee County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all prospective Proposers that they will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color, creed, sex, age or national origin in consideration for an award. A.20 AMERICANS WITH DISABILITIES ACT The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the County's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening), should contact the person named on the first page of this document at least twenty four (24) hours in advance of the activity. JOW FAUSERWC1084%WPDocs1RFPW75835fl.rfp.doc 3W2007 4:14 AM A", RFP #07-5835FL Odor & Corrosion Conrrol Services SECTION B: FORM OF PROPOSAL This section identifies specific information which must be included with each response. Each proposal shall be arranged with tabs identifying the response to each specific item. Proposals must contain: B.01 MINIMUM QUALIFICATIONS Proposer must have successfully provided odor and corrosion control services for at least three (3) years in a similar scope identified in this RFP, B.02 ADMINISTRATIVE SUBMITTAL a. Proposal Signature Form. b. Drug Free Work Place Certification (Attachment B). C. Public Contracting and Environmental Crimes Certification (Attachment Q. B.03 INFORMATION TO BE SUBMITTED a. Description of the firm's background and size, include a statement of qualifications that include the firm's professional credentials and experience in providing the types of services enumerated in this RFP. Also include a summary of the firm's current workload and evidence to reflect they satisfy the County's requirement. b. Identify each principle of the firm and the other "key personnel" who will be professionally associated with the County. Describe their respective area of expertise. Include personalized resumes which identify the qualifications, training and experience of each key personnel. C. The proposer shall provide a project team organizational chart and describe the level of involvement anticipated with county staff. Also identify any subcontractors by listing name, address, point of contact and a telephone number. d. Describe the latest processes used that are technically proven and most cost effective means possible. e. Discuss your service/maintenance program. Provide sample reports of odor and control analysis performed by your firm. g. The proposer shall provide a detailed description of their safety plan to control the environment of the work -site during on-site operations. Jr F:\USER\MC1084\V.rPDocs\RFP\075835fl.rfp.doc 3/5/2007 9:14 AM CA - RFP 907-5835FL Odor & Corrosion Control Servic:s B.03 INFORMATION TO BE SUBMITTED (Continued) h. A list of all warning notices and agreed upon consent actions levied against facilities within the State of Florida within the last three (3) years you were responsible for. Submit a cost summary for services include: labor rates; equipment/rental equipment; and required chemicals. Submit any other additional information which would assist the County in the evaluation of your proposal. NOTE: The County reserves the right to make such investigation and solicit additional information or submittals as it deems necessary to determine the ability of any Proposer to perform the Scope of Services stated in this Request for Proposal. FAUSERNMC 1084%WPDocs1RFM75835ft.rfp.doc 10 3/5/2007 9-14 AM RFP P07-5835FL Odor & Corrosion Control Services SECTION C: SELECTION C.01 EVALUATION FACTORS Evaluation factors arerp ice and perceived ability of the Proposer to perform the Scope of Services as stated in this Request for Proposal in the most timely and efficient manner, and the proposal(s) which will overall best meet the needs of Manatee County as determined from the responses to this Request for Proposal and subsequent investigation by the County. C.02 RELATIVE IMPORTANCE OF EVALUATION FACTORS No weight has been assigned to the Evaluation Factors stated above. C.03 PRELIMINARY RANKING A Selection Committee may determine from the response to this Request for Proposal and subsequent investigation as necessary, the Proposers most susceptible of being selected for award. C.04 REVIEW OF PROPOSERS AND PROPOSALS Review shall be conducted with responsible Proposers who may be reasonably susceptible of being selected for award, for the purposes of clarification to assure full understanding of and conformance to the solicitation requirements, the abilities of the Proposer, and the proposal submitted. Firms responding to this Request for Proposal shall be available for presentation/interviews, to the Selection Committee and/or Board of County Commissioners upon notification from the Purchasing Office at a time and date determined by the County. C.05 SELECTION FOR NEGOTIATION The Proposer whose ability and proposal is determined to be the most advantageous to the County, taking into consideration the evaluation factors set forth in this Request for Proposal, shall be recommended to the Board of County Commissioners for authorization to negotiate an agreement for the stated Scope of Services. C.06 AWARD Award of an agreement is subject to the successful negotiations and the vote of the Board of County Commissioners to authorize execution of the agreement. F:\USERVAC 1(184%W PDocskR FPt075935 aLrfp. doc 315/2!07 9:14 AM r RFP 4C7-5S35F'._ Odor & Ccrrosion Control Semccs SECTION D: NEGOTIATION OF THE AGREEMENT D.01 GENERAL The following general terms and conditions apply to the proposal submitted for consideration and the subsequent negotiations: a. The proposal will serve as a basis for negotiating an agreement. b. Upon submission, all proposals become the property of the County which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Proposal whether or not the proposal is accepted. All products and papers produced in the course of this engagement become the property of the County upon termination or completion of the engagement. D.02 AGREEMENT The selected Proposer shall be required to negotiate a formal agreement, in a form acceptable to Manatee County. The Manatee County Board of County Commissioners will be presented the negotiated r agreement as the best and final offer for consideration of award and execution. The Board of County Commissioners shall determine if award of the agreement is to be: considered; rejected and direct further negotiations; rejected and terminate negotiations; or accepted, authorizing the chairman to execute the agreement. F:\U S ER\.MC 1084\WP Docs\RFP\075835f1.rfp . d a 12 3152007 4 14 AM RFP 907.5835FL Odor & Corrosion Control Services SECTION E: SCOPE OF SERVICES E.01 GENERAL OVERVIEW The intent of the Request for Proposal and resulting contract is to obtain a Contractor to provide Odor and Corrosion Control Services for the Manatee County Utility Operations Department, Lift Station and Treatment Plants Divisions. The Contractor shall furnish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide Odor and Corrosion Control Services, The Contractor shall provide specific odor/corrosion treatment, related wastewater treatment plant issues/costs, establishing objectives and monitoring programs for odor/corrosion control treatment. E.02 GENERAL REQUIREMENTS a. Contractor shall provide the latest technically proven and most cost effective means of treatment possible. Contractor shall provide problem definition, treatment selection and ongoing monitoring process. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager. The County shall have final approval of ongoing odor/corrosion control planning and adjustment process as wastewater collection/treatment systems continue to expand. Contractor shall, based upon treatment and budgetary objectives established by the Utility Operations Department, refine and adjust the existing odor/corrosion control program. The program shall include but not be limited to expanding services to wastewater treatment plants and designated pumping stations, adjusting the combination of current odor/corrosion products, and pilottesting additional treatment techniques as particular situations dictates alternative techniques and more cost effective programs. d. Contractor shall provide a service/maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices at key monitoring points. The extent of the data collection will be approved by the Wastewater Division Manager and followed with regular written reports to the County. Contractor shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. Contractor shall provide an introductory and organizational seminar regarding its services and staff members to the County representatives within thirty (30) days after contract award. F:\USERWC1084\WPDms\RYP\075835fl.rfp.doc 13 3/52007 9:14 AAI r UP P07.5835FL Odor k Corrosion Control Scrvic; E.02 GENERAL REQUIREMENTS (Continued) The Contractor shall hold at least one (1) yearly workshop for a County employees at a County designated location to describe the latest techniques in the odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. g. The Contractor shall work with the County in establishing priorities in performing all work. Contractor shall respond to all calls of odor complaints within six (6) hours. h. The Contractor shal I be completely responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the Contractor to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. i. Contractor shall be fully responsible for the operation of their vehicles and 'handling of all materials related to the odor and corrosion control services at all locations within the County. j. Contractor shall be fully responsible for conforming to any and all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analysis that has been performed. Contractor shall inform the County of its planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Contractor's work in progress. M. The Contractor shall provide a safety seminar every six (6) months to selected County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use and copies of MSDS sheets for those chemicals. F.\USERNC 10841W PUocs%RFP1075835fl.rfp.doc 14 3/52007 9:14 AM RFP #07-5835FL Odor & Corrosion Control Services PROPOSAL SIGNATURE FORM RFP #07-5835FL SIEMENS WATER TECHNOLOGIES CORP. Firm Name (941)355-2971 Telephone Number Mailing Address: 2650 TALLEVAST ROAD SARASOTA, FLORIDA 34243 City, State, Zip Code The undersigned attests to his (her, their) authority to submit this proposal and to bind the firm herein named to perform as per agreement. if the firm is selected by the County the undersigned certifies that he/she will negotiate in good faith to establish an agreement to provide odor and corrosion control services according to the requirements of this RFP 407-5835FL. Sign -lure / Witness Signature Date: 4/10/07 ROBERT D. TATUM, SENIOR VICE PRESIDENT Name and Title of Above Signer 2650 TALEVAST ROAD _SARASOTA. FLORIDA 34243 Address of any branch office proposed to service Manatee County other than above Date: 4/10/07 SHERI WHALEN, NOTARY PUBLIC STATE OF FL Name and Title of Above Signer VAUGHAN HARSHMAN, TECHNICAL SALES REPRESENTATIVE Name and Title of Firm's Representative for Manatee County 941-928-0453 Telephone Number of Firm's Representative for Manatee County F:IUSERWC) 0841W PDocs1RFP\075835 n.rfp.doc 15 SHERI WFWFN •r_ MyCOMMISSION iW359✓3,i4 ` EXPIRES: December 26,20M „' eagad7).0 Notary P�6fie urberrntro�s 1/52007 9:)4 AM ATTACHMENT "A" RESOLUTION R-93-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, IMPLEMENTING §3-101(7)3(1) OF THE MANATEE COUNTY PROCUREMENT CODE (ORDINANCE 84-02 AS AMENDED) TO ESTABLISH MINIMUM REQUIREMENTS FOR BIDDERS WITH RESPECT TO MAINTAINING A DRUG FREE WORKPLACE; REQUIRING WRITTEN CERTIFICATION TO THE COUNTY OF COMPLIANCE WITH THE REQUIREMENTS ESTABLISHED HEREIN; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Manatee County recognizes that substance abuse is a complex societal problem that continues to threaten the welfare of the residents and community; and AVb' WHEREAS, the Board of County Commissioners considers substance abuse on the}ob to be an unsafe and counter-productive work practice; and WHEREAS, consistent with its policy to promote a safe work environment and encourage personal health for all citizens of Manatee County, the Commission finds it necessary to combat substance abuse in the workplace by promoting education and awareness; and WHEREAS, consistent with the Drug Free Workplace Act (§112.0455, Florida Statutes) and policies applicable to Manatee County employees pursuant to Resolution R-93-10, the Board of County Commissioners of Manatee County has determined that it is necessary and in the best interest of the County to adopt the drug free workplace requirements for persons or entities contracting with Manatee County; and WHEREAS, §3-101(7)B of the Manatee County procurement Code (Ordinance 84-02, as amended) authorizes the adoption of requirements for maintaining a drug free workplace applicable to persons or entities bidding on contracts with Manatee County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Manatee count), Florida, as follows: Certification Required: No person or entity submitting a bid pursuant to §3-101 shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, P concession or management agreement, unless such person or entity has submitted a written certification to the county that it will provide a drug free workplace by: providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined in §893.02(4), Florida statutes, as the same may be amended from time to time, in the person's or entity's workplace is prohibited specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about: (i) the dangers of drug abuse in the workplace; the person's or entity's policy of maintaining a drug free environment at all its workplaces, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations. b. Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its workplaces a written statement of it's policy containing the foregoing elements (i) through (iv). Notifying the employee in the statement required by subsection 1. that as a condition of employment the employee will: (i) abide by the terms of the statement; and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (S) days after such a conviction, 1/— 2 <R93-22> At all times pertinent to the performance of any contract with Manatee County, notify the county within ten (10) days after receiving notice under subsection c. from an employee or otherwise receiving actual notice of such conviction. Imposing appropriate personnel action against such employee up to and including termination; or requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. Making a good faith effort to continue to maintain a drug free workplace through implementation of sections a. through e. of this subsection. 2. Severability. If any part, section, subsection, or other portion of this Resolution, or any application thereof to any person or circumstances declared to be void, unconstitutional, or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Resolution, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. Effective Date. This Resolution shall take effect ninety (90) days after adoption by the Board of County Commissioners. ADOPTED in open session by a majority of the duly elected Board of County Commissioners of Manatee County, Florida, this 2nd day of February, 1993. ORIGINAL DOCUMENT SIGNED BY BOARD OF COUNTY COMMISSIONERS CHAIRMAN MS. LARI ANN HARRIS ON FEBRUARY 2, 1993 AND IS ON FILE AT MANATEE COUNTY CLERK'S OFFICE. <R93-22> JPK 3 <R93-22> ATTACHMENT "B" Drug Free Work Place Certification SWORN STATEMENT PURSUANT TO RESOLUTION R-01-36 SECTION 4, E (1) (a) MANATEE COUNTY PURCHASING POLICIES, ON DRUG FREE WORK PLACES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by. ROBERT D. TATUM, [print individual's name and title] SENIOR VICE PRESIDENT for SIEMENS WATER TECHNOLOGIES CORP. (print name of entity submitting sworn statement) whose business address is: 2650 TALLEVAST ROAD, SARASOTA, FL 34243 and (if applicable) its Federal Employer Identification Number (FEIN) is 04-3063901 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it will provide a drug free work place by: (1) providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined by §893.02(4), Florida Statutes, as the same may be amended from time to time, in the person's or entity's work place is prohibited specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about: (i) the dangers of drug abuse in the work place; (ii) the person's or entity's polity of maintaining a drug free environment at all its work places, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations. (2) Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its work places a written statement of its policy containing the foregoing elements (i) through (iv). (3) Notifying the employee in the statement required by subsection (1) that as a condition of employment the employee will: (i) abide by the terms of the statement; and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such a conviction. <DRUGFREE.FRM Revised 2/13/06> (4) Notifying the County within Ten( I O)days after receiving notice under subsection (3) ffom an employee or otherwise receiving actual notice of such conviction. (5) Imposing appropriate personnel action against such employee up to and including termination; or requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (6) Making a good faith effort to continue to maintain a drug free work place through implementation of sections (1) through (5) stated above. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT: (1) Such person or entity has made false certification. (2) Such personorentityviolatessuchcertificationbyfailingtocarryouttherequirementsofsections(1), (2), (3), (4), (5), or (6) or Resolution R-0 1-36 Section 4, E (1) (a) or (3) Such a number of employees of such person or entity have been convicted of violations occurring in the work place as to indicate that such person or entity has failed to make a good faith effort to provide a drug free work place as required by Resolution R-01-36 Section 4, E (1) (a). t ature] STATE OF FLORIDA COUNTY OF MANATEE Sworn to and subscribed before me this 10 day of APRIL —2007 by ROBERT D. TATUM Personally known X OR Produced identification SHER WHAIFN MY COMMISSION A DO 359834 'e= EXPIRES: December 26, 2008 .,, � eaaeatrn,►w.nn�cunaa.+�s [Print, type or stamp Commissioned name of Notary Public] <DRUGFREE.FRM Revised 2/13/06> [Type of identification] My commission expires 12/26/08 ATTACHMENT "C" PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION SWORN STATEMENT PURSUANT TO ARTICLE 6, MANATEE COUNTY PURCHASING CODE THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF ANOTARY PUBLIC OR OTHEROFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by ROBERT D. TATUM, [print individual's name and title] SENIOR VICE PRESIDENT for SIEMENS WATER TECHNOLOGIES CORP. [print name of entity submitting sworn statement] whose business address is: 2650 TALLEVAST ROAD, SARASOTA FL 34243 and (if applicable) its Federal Employer Identification Number (FEIN) is 04-3063901 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it has nor. (1) been convicted of bribery or attempting to bribe a public officer or employee of Manatee County, the State of Florida, or any other public entity, including, but not limited to the Government of the United States, any state, or any local government authority in the United States, in that officer's or employee's official capacity; or (2) been convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise; or (3) been convicted of a violation of an environmental law that, in the sole opinion of the County's Purchasing Director, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or (4) made an admission of guilt of such conduct described in items (1), (2) or (3) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere; or (5) where an officer, official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, if he is an official of the business entity), the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially owned, or one which has common ownership or a common Board of Directors. For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or if an individual or group of individuals controls or has the power to control both entities. Indicia of control shall include, without limitation, interlocking management or ownership, identity of interests among family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity. <ENVCRIME.FRM> r� r t Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgement has been, reversed by a court of competent jurisdiction, shall prove the same with documentation satisfactory to the County's Purchasing Director. Upon presentation of such satisfactory proof, the person or entity shal I be allowed to contract with the CounrY . I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT SUCH PERSON OR ENTITY HAS MADE FALSE CERTIFICATION. a [Si ature) STATE OF FLORIDA COUNTY OF MANATEE Sworn to and subscribed before me this 10 day of APRIL 2o_27 by ROBERT D. TATUM Personally known X OR Produced identification n [Type of identification] SHERI WHALEN MY COMMISSION S DO 359834 EXPIRES: December 26, 2Wa [Print, Public] My commission expires 12/26/0 Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed by the corporate president. <ENVCRIME.FRM> SIEMENS References The numbered items below represent a partial listing of clients that utilize Siemens products and services for their odor control needs. These customers are serviced from one or more of the following service center locations: • Sarasota, FL (Headquarters) • Canton, GA • Temecula, CA • Wilmington, DE • Granite City, IL • Cedar Park, TX Gastonia, SC 1. Manatee County, Florida 5101 65`h Street Bradenton, FL 34210 Contacts: Mr. Jim Marble, Collection Systems Superintendent E -Mail: jim.marble@co.manatee.fl.us Telephone: 941-758-4649 Fax: 941-795-3432 Time Frame: 27 years Description: Currently thirty-three Bioxide® feed locations, nine OdoFree® feed sites, five Odophos® feed systems and eight Bioxide-AQ® feed locations. Twenty-four wet scrubbers, eight biofilters, and two carbon adsorbers. A comprehensive service contract covers all locations listed above. Hours avail. to contact: 8am-3pm 2, Sarasota County, Florida 7198 Beneva Road Sarasota, FL 34238 Contact: Gerry Schoonmaker, Operations Supervisor Telephone: 941-316-1071 Fax: 941-361-6133 E -Mail: schoonm@co.sarasota.fl.us Time Frame: 20 years Description: Currently seven wet scrubbers, two biofilters, and over 30 liquid -phase systems. A comprehensive service contract covers all locations listed above. Hours avail. to contact: 8am-3pm i SIEMENS 3. Hillsborough County, Tampa, FL 2218 N. Faikenburg Rd. Tampa, FL 33619 Contact: Robert Sutherland Telephone: (8 13) 744-5711 x 345 Fax: 813-635-8389 Time Frame: 16 years Description: Currently over thirty liquid phase sites, one chemical scrubber, 9 biofilters/carbon units and two bioscrubbers are maintained. Many liquid phase feed sites are optimized to manage loading to the biofilter units. The service contract includes periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance, instrument calibrations, pump repair, spare parts and performance reporting. A comprehensive service contract covers all locations listed above. Hours avail. to contact: 8am-3pm 4. City of Tallahassee, Florida 1815 Lake Bradford Road Tallahassee, FL 32310 Contact: Mr. Todd Hacker, Supervisor E -Mail: hackert@talgov.com Telephone: 850-891-1303 Fax: 850-891-1365 Time Frame: 14 years Description: Currently twelve Bioxide° feed systems with service. The service contract includes periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance, instrument calibrations, pump repair, and spare parts Hours avail. To contact: 8am-3pm 5. Grand Strand Water & Sewer Authority, South Carolina P.O. Box 2368 Conway, SC 29528 Contact: Mr. David Strickland Telephone: 843-443-8200 Fax: 843-347-4680 E -Mail: dstrickland@gswsa.com Time Frame: 2 years Description: Currently one wet scrubber, two ZABOCS biofilters, one carbon system, two OdoFree®, and three Bioxide® feed systems with full service contract. .�.. Hours avail. to contact: 8am-3pm SIEMENS 6. Lee County, Florida 1500 Monroe Street PC B 398 Ft. Myers, FL 33902 Contact: Mr. David Sabiston — Environmental Services Division E -Mail: SABISTDA(o)lee4ov.com Telephone: 239-693-2992 ext. 201 Fax: 239-693-6453 Time frame: 13 years Description: Includes over 14 liquid phase hydrogen peroxide and calcium nitrate feed systems. A comprehensive service contract covers all locations listed above including periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance on customer owned equipment, inventory control, spare parts, and performance reporting. Hours avail. to contact: 8am-3pm 7. County of Santa Cruz, California 2750 Lode Street Santa Cruz, CA 95062 Contact: Ms. Amy Gross E -Mail: amy.gross@co.santa-cruz.ca.us Telephone: 831-477-3988 Time Frame: 15 years Description: Currently have approximately six Bioxide® feed sites with service contract. Hours avail. To contact: 8am-3pm 8. City of Phoenix, AZ 2301 West Durango Phoenix, AZ 85009 Contact: Mr. Ron Maze E -Mail: ronmaze@phoenix.gov Telephone: 602-262-1864 Fax: 602-495-5670 Time Frame: 9 years Description: Currently have approximately 32 Bioxide® feed sites. Hours avail. to contact: 8am-3pm 9. Village of Wellington, FL 14000 Greenbriar Blvd Wellington, FL 33414-4393 Contact: Ed Wasielewski E -Mail: ewasielewski@ci.wellington.fl.us Telephone: 561-791-4000 Fax: 561-790-0794 SIEMENS ♦• Time Frame: 7 years Description: Currently four Bioxide® feed sites, one OdoFree®, and one JH scrubber with service contract. Hours avail. to contact: Sam-3pm 10. Mount Laurel Municipal Utility Authority, Mt. Laurel, NJ 1201 South Church Street Mount Laurel, NJ 08054 Contact: Mr. Mark Cimorelli E -Mail: mcimorelli@mltmua.com Telephone: 856-234-0062 Fax: 856-866-1092 Time Frame: 9 years Description: Currently four Hydrogen Peroxide feed systems with service contract. Hours avail. to contact: 8am-3pm nz SIEMENS ,r, BACKGROUND Siemens Water Technologies is the one company focused on complete odor and corrosion control for the Municipal Wastewater Treatment industry. Our proposed program will use both liquid -phase and vapor -phase technologies to treat each odor and/or corrosion problem in the Manatee County Wastewater System with the appropriate balance of effectiveness and cost. Our local service and emergency response team will ensure that odor problems are addressed 24 hours a day, 365 days a year. Since our company was founded in 1976 as a division of Davis Water and Waste Industries our primary focus has been odor and corrosion control. While other companies focus on specific technologies or technology groups for odor and corrosion control, we have continuously assembled, improved, and refined a broad technology and product offering with the goal of solving any wastewater odor problem effectively and with maximum cost -efficiency. Coupled with our offering of technologies and products is a commitment to service that is un -matched in the industry. Our goal is not to simply deliver a specific product or service to our customers, but to become a partner with our customers working to ensure that their phone does not ring with odor complaints. As you review our proposal, please note the following highlights of our offering: Experience and Knowledge Siemens Water Technologies has been in the wastewater odor control business for over 30 years. • The Siemens team assembled specifically to service Manatee County has combined experience of over 100 years in odor and corrosion control. • Two of the primary Siemens technical and managerial staff involved with Manatee County are Professional Engineers registered in the State of Florida (Vaughan Harshman, P.E. and David Hunniford, P.E.). • Siemens is recognized by our peers in the industry for our odor and corrosion control expertise. In recent years two leading periodicals in the wastewater industry published feature articles on comprehensive, multi -technology odor and corrosion control strategies: the same approach used by Manatee County. Both of these periodicals turned to Siemens' expertise in this area. Mr. Harshman authored "Follow Your Nose, Controlling Odors in all Their Forms" for Water Environment and Technology and Mr. Hunniford authored "Knocking Out Odors: Options for Fighting Wastewater Smells" for Environmental Protection. Reprints of both articles are included in the Appendices to our proposal. • Siemens Water Technologies Odor Control Group has provided products and services to communities on the west coast of Florida since our inception in 1976. We have worked closely with Manatee County Utilities for over 25 years. We understand that odor and corrosion in wastewater systems are affected by topography, temperature, water quality, population density, and population fluctuation and we understand the conditions and challenges that are unique to ' this region and to your system in particular. SIEMENS • Siemens Water Technologies pioneered the Full -Service system -wide appmaci AVW to odor and control. We have provided this type of program to Manatee Count�v and to numerous customers throughout Florida and the United States, as you wc see in our enclosed reference list. • Siemens Water Technologies has conducted corrosion control studies far municipalities throughout the United States. A recent technical paper from one study is included in the Appendix of this proposal. Service • All products utilized by Siemens Water Technologies for Manatee County will be provided by Siemens directly. Siemens is the Original Equipment Manufacturer of all equipment proposed for use in this contract. Siemens will not sub -contract any portion of the equipment supply or service. All of our service personnel are factory -trained in our own factory. • All Siemens personnel involved with Manatee County are based in the Manatee/Sarasota area. Our staff is a minimum of three -deep in backup personnel in all aspects of executing your program (field service, engineering, management), with team members based in the Manatee/Sarasota area. • The Headquarters for Siemens Water Technologies Odor Control Group are located in Manatee County. In addition to the extensive list of personnel specifically assigned to the Manatee County program, an extensive and "'' experienced technical, engineering, and management staff is based in this facility and would be immediately available to Manatee County in any emergency situation. Technoloci • Siemens Water Technologies possesses the most comprehensive and complete selection of odor and corrosion control technologies available. All technologies and products are provided and manufactured by Siemens directly, eliminating any bias for or against technologies or approaches that may involve "outside" firms or sub -contractors. • Siemens is the only company that can offer the proprietary Bioxideo process for application of nitrate salts. Nitrate application is the County's preferred non- hazardous, liquid -phase technology. • Siemens offers the most concentrated forms of environmentally friendly non- hazardous nitrate and sodium chlorite solutions, reducing liquid volume and truck traffic for deliveries. • Siemens is offering a complete selection of additional technologies including enhanced Bioxide products, iron -based products, hydrogen peroxide, and PRISCTm. • Siemens is the only company with MIDAS° OCM, an ultra-high capacity activated carbon for sulfide and odor control. SIEMENS • With the ZABOCS® systems included in our proposal Siemens pioneered the r/'' application of multi -stage, multi -media biofilters for maximum effectiveness and redundancy. • Siemens pioneered multi -stage chemical scrubbing with the Poly-StageM and LO/PRO° systems, both of which are included in our proposal. These systems reduce operating cost, increase redundancy, and increase effectiveness over conventional single -stage chemical scrubbers. Siemens Water Technologies line of odor and corrosion control products and services includes the following: VAPOR PHASE TREATMENT 1. Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical wastewater odorous gas emissions. These gas phase treatment products achieve continuous odor control under varying conditions with optimum chemical savings. Each system is designed by Siemens technical staff to meet the odor control requirements of the application. Wet Scrubbers are now available using FSCTm, an enhanced chemical treatment that is provided for a flat fee or the traditional sodium hydroxide/sodium hypochlorite demand - based chemistry. 2. Biofilters — unique, modular biofiltration systems. This vapor phase treatment technology uses no chemicals and provides complete or added odor control using natural biological organisms. Most applicable when space constraints are an issue. Engineered media and an enclosed design of the ZABOCSTm biofilter ensure predictable, long, reliable service life. 3. Biotrickling Filters — plastic media biological odor control systems. This technology provides the benefits of a biofilter with the ability to handle higher loadings of hydrogen sulfide — all in a very compact footprint. 4. Carbon Adsorption Systems — using a variety of carbon types selected to meet the needs of individual applications, these systems provide complete, reliable odor control in cases where VOCs and complex organic odors are a problem. MIDAS Carbon by Siemens provides exceptional sulfide loading capacity which leads to prolonged life of the bed. LIQUID PHASE TREATMENT 1. Bioxidea - a patented process developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Primarily used in long detention time force mains via metering treatment solution at pump stations. SIEMENS APh" 2. AQuita - a patented biochemical process that prevents dissolved sulfide formation in wastewater which contains no pre-existing sulfides. Treatment solution is metered into mains at the pump stations. 3. Bioxide-AQ® - combines the patented Bioxide® Process for dissolved sulfide removal with the patented AQuit® Process for dissolved sulfide prevention. 4. Bioxide® A+/AE - patented processes developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Bioxide AE uses an enhanced prevention mechanism along with the proven Bioxide® removal process to economically treat reduced sulfur compounds. Primarily used in long detention time force mains via metering a singular or dual treatment solution at the pump stations. 5. NitrazymeTM Plus —combines the attributes of a nitrate salt and a fast acting oxidizer in a convenient, easy to use formulation. Used where the benefits of a nitrate salt and a quick removal process are desired. 6. OdoFree'rm/Odophoso/Ferric Sulfate - aqueous solutions of ferric -ferrous sulfate (OdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat dissolved hydrogen sulfide in force mains/gravity interceptors via metering at ,01b, established dosage rates into key pump station locations. 7. Textone L/Endimal (Sodium Chlorite) — an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase and biosolids applications. The Endimal 1500 formulation has the additional advantage of a non -hazardous rating. 8. Hydrogen Peroxide - an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase applications. 9. PRI-SCTM — Is a process of regenerating iron sulfide in solution by use of an oxidizer. This process is more selective towards hydrogen sulfide than a typical oxidizer and can provide a more cost-effective solution than either iron salts or oxidizers alone. 10.VX-456TM — a proprietary mixed oxidant product designed to remove and control malodors primarily in biosolids. As delivered, VX -456 reacts rapidly with sulfides and other odor -causing compounds commonly found in biosolids and continues to control odors for an extended period of time (up to 12 hours). VX -456 does not contribute to solids formation and does not interfere with further processing of biosolids. 11. Advanced Dosing Controllers — an assortment of computer based ''1' controllers that utilize proprietary dosing models to optimally dose Siemens liquid phase odor control products. SIEMENS Awb' 12.Chemical Feed and Storage Systems — complete storage and metering equipment for Odophos®, OdoFree®, Bioxidee, AQuit®, Bioxide-AQ®, Bioxide A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other chemical storage and feed needs. 13. Remote Level Monitoring — Tank level monitors that report via cell modem to a central database. Tank level information is available on the Siemens website. In addition to providing the products listed above, Siemens Water Technologies provides complete technical support (including odor data collection, treatment demonstrations, analytical testing, investigation of odor complaints, and ongoing service of treatment equipment) in evaluating and treating odor/corrosion problems. In order to ensure customers are serviced in a timely and professional manner, Siemens Water Technologies has invested substantially in modern manufacturing and distribution systems that include: A. Regional warehousing, production, and distribution facilities to ensure quality products and timely deliveries for all customers, B. State of the art production facilities capable of producing all Siemens chemical feed and scrubber systems to ensure customers receive quality treatment equipment customized for their particular needs. C. A control panel manufacturing facility that has been certified by Underwriters Laboratories to produce "UL Listed" panels, ensuring the highest level of quality and safety for electrical controls associated with Siemens systems. D. An integrated MIS based equipment/parts inventory that ensures Siemens Water Technologies can supply customers with repair/replacement parts or equipment within hours. Siemens Water Technologies employs substantial technical resources to evaluate odor/corrosion problems and design/install/service our treatment systems that include: A. Engineering and Product Development departments comprised of engineers, chemists, service managers and technicians with over 200 years combined wastewater and odor/corrosion control experience to ensure effective solutions are achieved for all types of odor/corrosion problems. B. Analytical Laboratory services available through our certified facility in Rothschild, WI. ensures product quality and supports any product application testing. Ar SIEMENS C. An experienced team of equipment installation and service personnei to ensure �` each treatment system is installed and operated to Siemens high standards Service staff tenure at Siemens averages more than ten (10) years. It is important to note that Siemens Water Technologies owns the modern resources and employs the experienced personnel to meet all aspects of any odor/corrosion control program. AdW Adw SIEMENS AOW Key Personnel The following "key personnel" are available to offer professional assistance to the County: 1. Vaughan Harshman, P.E. — Sales Representative/Project Manager 2. David J. Hunniford, P.E. — Full Service Odor Control Business Director 3. Mike Murphy — Engineering Manager 4. Ed Middleton — Contract Manager 5. Craig Bliss — Service Center Manager 6. Gary Snyder — Production/Installation Manager 7. David Morano —Product Manager 8. Jim Harshman — New Product Development Manager r dff nz ,IM r-� SIEMENS NAME: CURRENT POSITION: EDUCATION: REGISTRATION: BIOGRAPHY Vaughan Harshman, P.E. Sales Representative, West Florida Siemens Water Technologies B.S., Chemical Engineering University of South Florida, Tampa, FL Florida Professional Engineer No. 52651 MEMBERSHIPS: Florida Water Environment Association FWEA Air Quality Committee Water Environment Federation PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL 1986 - Present Sales Representative — Responsible for sales of Company products and services for the Western half of Florida. (2003 — Present) Technical Sales Manager (Product Manager) - Responsible for directing sales, sales support, and product engineering for US Filter odor control products and related product lines. (1996 - 2003) Technical Service Manager - Directed project engineering and technical sales support associated with individual odor control projects. (1994 - 1996) Project Engineer - Engineered, managed and provided sales support for individual odor controi projects. (1992 - 1994) Co -Op Engineer - Performed various engineering activities related to product development and production. (1990 - 1992) From 1986 until 1990 held various technician positions with Davis Water and Waste Industries, Inc. in the areas of chemical production, equipment production, product development, laboratory analysis, and field services. f SIEMENS BIOGRAPHY NAME: David J. Hunniford, P.E. CURRENT POSITION: Business Director EDUCATION: B.S., Chemical Engineering Georgia Institute of Technology, Atlanta, GA September 1982 REGISTRATION: Registered Professional Engineer, Chemical Engineering State of Florida MEMBERSHIPS: American Institute of Chemical Engineers Water Environment Federation National Society of Professional Engineers Florida Engineering Society PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL 1986 - Present Full Service Odor Control Business Director 2001 to Present Operations Manager 9/93 to 2001 Director of Technical Services 5/88 to 9/93 Senior Technical Engineer 9/86 to 5/88 Siemens Water Technologies provides diversified products and services to the water and wastewater treatment market. Market coverage is primarily North America, including Canada and Mexico. Products and Service include inorganic salt solutions for applications in water treatment processes, biological process control technology and equipment, odor and air scrubbing equipment, wastewater residuals processing equipment and services and environmental analytical services. Responsible for operations of seven division service centers, technical sales support/applications engineering, research & development, and safety. SIEMENS PROCTOR & GAMBLE CORPORATION, CINCINNATI, OH '~ FOOD PRODUCT DEVELOPMENT GROUP Development Engineer 9/82 to 9/86 Responsible for a variety of product formulation, design, and process developments on consumer food products ranging from peanut butter to cookies. These activities involved pilot plant operations, focus group testing, marketing claim development/verification, product testing program/quality control program development and scale up to manufacturing facilities. Dow Chemical Corporation, Plaquemine, LA Coop Engineer 4/79 to 9/80 Performed as a cooperative education engineer on a quarterly basis for three quarters in the polyethylene resin production plant. AV" AO.. SIEMENS NAME: CURRENT POSITION: BIOGRAPHY Mike Murphy Technical Services Manager EDUCATION: B.S., Chemical Engineering University of South Florida, Tampa, FL May 1997 PROFESSIONAL EXPERIENCE Siemens Water Technologies - Sarasota, FL Technical Services Manager 2003 - Present Currently managing a group consisting of applications engineering, engineering, manufacturing, and field installation team. Focus of team is project management, full service odor control programs, and standards design. Engineering Manager 1999-2003 Project engineer throughout the United States for liquid phase and vapor phase odor control products. Design, cost, and implement odor control technologies. Project manager for plant automated alkalinity process controller. focused was on developing standard liquid and vapor phase odor control systems. Florida Flavors, Incorporated — Lakeland, FL Research & Development Engineer 1997-1999 Scale up for new distillation, extraction, & separation technologies/processes. Technical Production manager for high value compounds and flavors. Inventory manager for all high value components and flavors. Utilization of gas chromatographs and mass spectrometer to ensure quality control for customer shipments. University of South Florida Research Engineer 1996-1997 Supercritical Fluids Technology Lab: Construction, experimentation and maintenance of a high pressure pilot plant for supercritical fluid processing of material under the guidance of Dr. Aydin K. Sunol. Named as an inventor on the pending patent. 2 SIEMENS NAME: CURRENT POSITION: EDUCATION: PROFESSIONAL EXPERIENCE BIOGRAPHY Ed Middleton Account Manager HS Diploma Siemens Water Technologies - Sarasota, FL Account Manager 2003 - Present Currently responsible for coordination of all Siemens Water Technologies Odor Control services in Manatee and Sarasota Counties. Field Service/Startup Technician 2001-2003 Responsible for field service and startup of vapor phase odor control systems across North America. Project Manager 1998-2001 Responsible for project coordination and management for odor control projects, primarily in the Northeast United States. Other Employment: Construction Superintendent 25+ years Responsible for field construction for various companies in Florida and California. r�.z SIEMENS NAME: CURRENT POSITION: EDUCATION: PROFESSIONAL EXPERIENCE BIOGRAPHY Craig D. Bliss Service Center Manager Attended Flagler College Business Administration St. Augustine, Florida Siemens Water Technologies - Sarasota, FL Service Center Manager 2005 — Present Management of all field service activities for full service odor control customers within the State of Florida, responsibilities include scheduling routine and non -routine service work, assist Installation Manager on new installations and Fleet Manager on chemical deliveries. Sarasota County Government Manager of Water Reclamation Facilities 1998 to 2005 Independently manage the administrative and technical functions associated with the operation and maintenance of nine water reclamation facilities and associated effluent disposal systems, approximately 500 lift stations and 400 low pressure sewer systems and several vacuum sewer systems. Chief Treatment Plant Operator 1988 to 1998 Supervised the administrative and technical aspects involved in the operation and maintenance of multiple Water Reclamation Facilities. Sorrento Utilities Operations Superintendent 1984-1988 Managed all field activities associated with water and wastewater utility. APW SIEMENS NAME: CURRENT POSITION: BIOGRAPHY Gary A Snyder Manufacturing Manager EDUCATION: A.S. General Construction MCC Community College Bradenton, Florida PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL 1989 - Present Manufacturing Manager 1997 to Present Service Center Manager 1993 to 1997 Field Service Engineer 1991-1993 Service Tech -Truck Driver 1889-1991 Manufacturing Manager - Management of all Siemens Odor Control capital equipment r including all intercompany work such as industrial control panels and other related waste water products. Service Center Manager - Management of all activities performed at Service Center, such as chemical inventory, trucking schedule, capital equipment installations, service and survey work. Lead Service Tech - Lead on all capital equipment installations within the state of Florida. Occasionally called to help other service centers within there area. Lead for all service and survey work in Florida. Service Tech /Truck Driver - local service and survey work. Assist with capital installations. Deliver chemical to customer sites. raz SIEMENS NAME: CURRENT POSITION: EDUCATION: PROFESSIONAL EXPERIENCE BIOGRAPHY David L Morano Product Manager B.S., MIS University of South Florida - Tampa, FL Siemens Water Technologies, Sarasota, FL Odor Control Product Manager 2003 to Present Management of projects including but not limited to biosolids odor control and full service odor control contract consulting. Project Manager 2000 to 2003 Management of full service odor control contracts including Manatee County RFP. Assisted in development of biofiltration product line (ZABOCS). Technical Services Specialist 1992 to 2000 Management of projects including but not limited to the development of Bioxide AQ®. Managed IS operations across the warehouses and was the LAN/WAN manager. Implemented RRM, an enterprise based software for manufacturing and inventory control. Technical Services 1990 to 1992 Assisted in application development of Bioxide®. Responsibilities included optimization of a variety of odor control systems all over the country. Performed QC control on Odophos' manufacturing and Bioxide® shipments. Lab Technician 1988 to 1990 Performed a variety of wet chemistry type analyses for industrial laboratory and in support of in-house product development. ..• SIEMENS NAME: CURRENT POSITION: BIOGRAPHY Jim Harshman Chemist/Product Development Manager EDUCATION: B.S., Natural Science with teacher certification University of South Florida, Tampa, FL 1968 Master of Combined Sciences University of Mississippi, 1971. PROFESSIONAL EXPERIENCE Siemens Water Technologoies - Sarasota, FL 1973 - Present ChemistlProduct Development Manager 2003 to Present Chemist/Research 1973 to 2002 (Part Time) Management of product development_ Responsible for developing, testing and implementing new odor control products. Currently focused on the continuing development of Bioxide A+. Worked on the development and implentation of Odophoso, Bioxide and Bioxide AQ® Sarasota High School — Sarasota, FL Teacher 1968 to 2002 Taught Chemistry I, Honors Chemistry 1, AP Chemistry along with engineering concepts, algebra, general science, general math. Department Chair, 1994-2003, MaST Coordinator, 1995-2003 Manatee Community College, Adjunct Faculty — Bradenton, FL Chemistry Professor 1974 - 1980, 1987-1989 Taught Chemistry courses at the College SIEMENS Patents: US Patent #5,013,442 and European Patents: Aerobic Wastewater Treatment with Alkalinity Control, 1991. Coinventor with H. Forbes Davis. US Patent #5,094,752:Aerobic/Anoxic Wastewater Treatment with Alkalinity Control, 1992. Coinventor with H. Forbes Davis. Publications: "Hofmann Apparatus and Leak Rates of Gases", Chemistry Magazine, Vol 43, June 1970. Coauthor with George Melville. "Calculation of Sludge Removal Rates for Wastewater Treatment Plants", The Overflow: Florida Water Resources Journal, 1974. Coauthor with Robert Tatum. Major Conferences and Workshops: 1969: NSF Summer Institute in Chemistry, Beaver College, Glenside, PA 1970-1971: NSF Summer Institute, University of Mississippi, Oxford, MS 1972: NSF Summer Institute in Engineering Concepts, University of South Florida, Tampa, FL 1973: Nuclear Energy Conference, University of Florida 1981: International Conference on Chemical Education, University of Maryland, College Park, MD 1982, 1983, 1984: FPCOA Short School, Lakeland, FL. Taught course in laboratory procedures. 1983: CHEM ED 83: Butler University, Indianapolis, IN. Made two presentations: "Chemical Equilibrium: A Laboratory Exercise Utilizing the Apple II Computer" and "Holding a Chemistry Open House". 1984: Florida Association of Science Teachers (FAST) Conference, Bradenton, FL 1988: FAST Conference, Tampa, FL 1989: Dreyfus Institute Workshop, Microchemistry Labs, Tampa, FL 1989: The High School Macintosh Conference, Tampa, FL 1989: MacAcademy, Tampa, FL 1991: FAST Conference, Palm Beach, FL 1992: Summer Workshop, "Science, A Way of Thinking." Manatee Community College 1992: FAST Conference, Innisbrook, FL 1993: Florida Educational Technology Conference (FETC) , Tampa, FL 1994: Florida Educational Technology Conference (FETC) , Orlando, FL 1994: FAST Conference, Sarasota, FL 1994: Meeting of ACS "Strategic Directions in Educational Technology Committee," Washington, DC. Presentation with Michael Stuart: `Teaching the ChemCom Curriculum Using Multimedia" 1995: Florida Educational Technology Conference (FETC) , Orlando, FL 1995: FAST Conference, Orlando, FL, Presenter, with Michael Stuart, "Cooperative, Competency -based, Computer Interfaced Chemistry." SIEMENS t 1998: FAST Conference, Tampa FL 1995-2001: Annual Junior Science, Engineering, and Humanities Symposium. University of Florida, Gainesville 1999, 2003: PITTCON (Pittsburgh Conference on Analytical Chemistry), Orlando, FL 2000: Chaperoned three students to International Science and Engineering Fair, Detroit, MI 2002: American Chemical Society National Meeting, Orlando, FL 2002: FAST Conference Organizing Committee, Sarasota, FL Professional Memberships: American Chemical Society National Science Teachers Association, 1969-2002 Florida Association of Science Teachers, Life Member Sarasota Classified/Teachers Association -FEA/United-AFT, 1969-2002 Professional Certification: Florida Teaching Certificate 1968-2006 Florida Wastewater Treatment Operator Certificate 1975-1996 SIEMENS "AV" Project Organizational Chart The following personnel have worked on the referenced odor/corrosion control projects and are part of the support team for Manatee County: 1. Vaughan Harshman, P.E. — Sales Representative/Project Manager 2. David J. Hunniford, P.E. — Full Service Odor Control Business Director 3. Mike Murphy — Engineering Manager 4. Ed Middleton — Account Coordinator 5. Craig Bliss — Service Center Manager 6. Gary Snyder —Prod u ction/Instal lation Manager 7. David Morano —Product Manager 8. Jim Harshman — Chemist/Product Development Manager 9. Robert Bowman — Lead Service Technician 10. Dave AN — Field Service Technician 11. Larry Turner — Field Service Technician 12. Terry Chatlos — Lead Installation Technician Each individual's specific duties and qualifications for this project are described in further detail below. A project team organizational chart follows the team members qualifications. 1. Project Manager - Vaughan Harshman, P.E. Responsibility: Overall project coordination between Manatee County and Siemens Water Technologies including establishing communication contacts, resolving operation or technical issues, reviewing operating data, coordinating Review Board Meetings, and approving reports. Qualifications: BSChE University of South Florida; Registered Professional Engineer -State of Florida; Twenty -One (21) years odor control product & equipment design, application, production, and service experience. Employed by Siemens since 1986. 2. Management Contact — Dave Hunniford, P.E. Responsibility: Management of Siemens Water Technologies and support Project Manager for Manatee County Odor/Corrosion Program in financial and contract matters. AV Qualifications: BChE Georgia Institute of Technology; Registered Professional Engineer -State of Florida: twenty-one (21) years municipal odor control SIEMENS applications experience: general oversight responsibilities for current odor Cort r4�, program for Manatee County since 1987. Employed by Siemens since 1986. 3. Project Engineering — Mike Murphy Responsibility: Engineering oversight of Siemens Water Technologies activities in Manatee County including resolving operation or technical issues, reviewing operating data, and design activates for new applications. Qualifications: BSChE University of South Florida, Eight (8) years odor control product & equipment design, application, production, and service experience. Employed by Siemens since 1999. 4. Account Coordinator —Ed Middleton Responsibility: Day-to-day project coordination between Manatee County and Siemens Water Technologies including routine service, resolving operational issues, troubleshooting, and odor complaint response. Qualifications: Nine (9) years odor control product & equipment application, production, and service experience. Employed by Siemens since 1998. 5. Service Center Manager — Craig Bliss Responsibility: Assure all applicable chemical deliveries are made as needed and coordinate equipment service/installation/repair activities. Oversee basic QC checks on delivered chemicals. Coordinate monthly invoicing to Manatee County. Qualifications: Twenty (20) years odor control experience in the areas of wastewater operations and service management — currently Service Center Manager. Employed by Siemens since 2005. 6. Equipment Fabrication & Installation Manager — Gary Snyder Responsibility: Coordinate fabrication and installation of all odor control feed/storage and Scrubber systems. Qualifications: Eighteen (18) years construction and process fabrication of feed/storage and scrubber systems as well as field service experience. Employed by Siemens since 1990. 7. Special Project Manager/Odor Control Product Manager — David Morano Responsibility: Assist Project Manager as needed in design, selection, and start- up/trouble shooting of treatment systems. Provide technical support on all aspects of liquid phase and vapor phase odor control, SIEMENS Qualifications: BS in MIS from the University of South Florida; nineteen (19) years of odor control experience in the areas of analytical/field testing, equipment design/installation/service. Employed by Siemens since 1988. 8. Chemist/Product Development — Jim Harshman Responsibility: Oversee quality control issues for all liquid -phase products. Coordinate product development activities for new innovations in Manatee County. Qualifications: BS -Natural Science, University of South Florida, MS -Combined Sciences, University of Mississippi; thirty-four (34) years experience in the areas of wastewater and odor control operations, analytics, and design. Employed by Siemens since 1973. 9. Lead Service Technician — Robert Bowman Responsibility: Install both liquid and vapor phase systems, respond to unscheduled equipment service/repair issues. Provide backup for performing basic survey checks to verify correct chemical feed rates. Qualifications: Eight (8) years of experience in installing, maintaining, and optimizing performance of odor control systems throughout the Southeast; employed by Siemens 1999, currently Field Service Technician. Based in Sarasota, FL 10. Field Service Technician — Dave Ahl Responsibility: Perform basic survey checks to verify correct chemical feed rates. Install both liquid and vapor phase systems, respond to unscheduled equipment service/repair issues. Qualifications: Seven (7) years of experience in installing, maintaining, and optimizing performance of odor control systems throughout the Southeast: employed by Siemens since 2000, currently Field Service Technician. Based in Sarasota, FL 11. Field Service Technician — Larry Turner Responsibility: Install both liquid and vapor phase systems, respond to unscheduled equipment service/repair issues. Provide backup for performing basic survey checks to verify correct chemical feed rates. Qualifications: Seven (7) years of experience in installing, maintaining, and optimizing performance of odor control systems throughout the Southeast; SIEMENS APO' employed by Siemens since 2000, currently Field Service Technician. Basea Sarasota, FL 12. Lead Odor Control System Installation Technician —Terry Chatlos Responsibility: Install both liquid and vapor phase systems, and respond to unscheduled equipment service/repair issues, and perform basic survey checks to verify correct chemical feed rates. Qualifications: Twelve (12) years of experience in installing, maintaining, and optimizing performance of odor control systems. Currently installing odor control systems throughout Florida; employed by Siemens since 1995. A A i SIEMENS SIEMENS AV% Odor & Corrosion Control Processes Siemens Water Technologies has successfully provided Manatee County and numerous other municipalities and industries with odor/corrosion control products and services for more than 27 years. Siemens' line of odor / corrosion control processes have expanded over that time to include those listed below. These are described in further detail in the attached brochures and technical papers. VAPOR PHASE TREATMENT • Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical wastewater odorous gas emissions. These gas phase treatment products achieve continuous odor control under varying conditions with optimum chemical savings. Each system is designed by Siemens technical staff to meet the odor control requirements of the application. Wet Scrubbers are now available using FSCIM, an enhanced chemical treatment that is provided for a flat fee or the traditional sodium hydroxide/sodium hypochlorite demand -based chemistry. • Biofilters — unique, modular biofiltration system. This vapor phase treatment technology uses no chemicals and provides complete or added odor control using natural biological organisms. Most applicable when space constraints are an issue. Engineered media and an enclosed design of the ZABOCS® biofilter ensure predictable, long, reliable service life. • Biotrickling Filters — plastic media biological odor control system. This technology provides the benefits of a biofilter with the ability to handle higher loadings of hydrogen sulfide — all in a very compact footprint. • Carbon Adsorption Systems — using a variety of carbon types selected to meet the needs of individual applications, these systems provide complete, reliable odor control in cases where VOCs and complex organic odors are a problem. MIDAS Carbon by Siemens provides exceptional sulfide loading capacity which leads to prolonged life of the bed. LIQUID PHASE TREATMENT • Bioxide® - a patented process developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Primarily used in long detention time force mains via metering treatment solution at pump stations. • AQuito - a patented biochemical process that prevents dissolved sulfide formation in wastewater which contains no pre-existing sulfides. Treatment solution is metered into mains at the pump stations. SIEMENS Bioxide-AQ® - combines the patented Bioxide® Process for dissolved sulfide removal with the patented AQuit® Process for dissolved sulfide prevention. Bioxide A+/AE - patented processes developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Bioxide AE uses an enhanced prevention mechanism along with the proven Bioxide® removal process to economically treat reduced sulfur compounds. Primarily used in long detention time force mains via metering a singular or dual treatment solutions at pump stations. • NitrazymeTM Plus —combines the attributes of a nitrate salt and a fast acting oxidizer in a convenient, easy to use formulation. Used where the benefits of a nitrate salt are desired and a quick removal process are desired. • OdoFreeTm/Odophos "/Ferric Sulfate - aqueous solutions of ferric -ferrous sulfate (OdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat dissolved hydrogen sulfide in force mains/gravity interceptors via metering at established dosage rates into key pump station locations. • Textone L/Endimal (Sodium Chlorite) — an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase and biosolids applications. The Endimal 1500 formulation has the additional advantage of a non -hazardous rating. • Hydrogen Peroxide - an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase applications. • PRI-SCTM — Is a process of regenerating iron sulfide in solution by use of an oxidizer. This process is more selective towards hydrogen sulfide than a typical oxidizer and can provide a more cost-effective solution than either iron salts or oxidizers alone. • VX-456TM — a proprietary mixed oxidant product designed to remove and control malodors primarily in biosolids. As delivered, VX -456 reacts rapidly with sulfides and other odor -causing compounds commonly found in biosolids and continues to control odors for an extended period of time (up to 12 hours). VX -456 does not contribute to solids formation and does not interfere with further processing of biosolids. • Advanced Dosing Controllers — an assortment of computer based controllers that utilize proprietary dosing models to optimally dose Siemens ,•• liquid phase odor control products. SIEMENS • Chemical Feed and Storage Systems — complete storage ano metering t equipment for Odophose, OdoFree®. Bioxidea, AQuit®. Bioxide-AQQ9, Bioxide A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other chemical storage and feed needs. • Remote Level Monitoring — Tank level monitors that report via cell modern, to a central database. Tank level information is available on the Siemens website. Siemens Water Technologies' ability to offer such a vast array of odor control processes assures that the most cost efficient and effective options are always available. With headquarters located directly in Manatee County, additional service and operational costs associated with these processes are kept to a minimum. t. SIEMENS Service & Maintenance Program A- SUMMARY Work consists of furnishing all labor, materials, equipment, accessories, tools, replacement parts, and chemicals required to operate and maintain the air scrubbing and chemical feed systems in accordance with the general criteria defined in the RFP documents and specifically agreed to with County personnel in each treatment application. B. SIEMENS WATER TECHNOLOGIES QUALIFICATIONS 1. Siemens Water Technologies is experienced in the development, design, operation and maintenance of both liquid phase and vapor phase odor control systems in municipal wastewater odor control applications. Siemens has supplied an increasingly broad array of odor control products and services to the County for nearly 27 years. 2. This experience and Siemens to continue sites in the County. ZABOCS, FSC, and of odor control servic market cost changes. extensive odor control product offering has enabled to stretch the County's budget across many more through innovative products and processes such as 'RI -SC, we have been able to maintain a high level and responsiveness while minimizing the impact of 3. Siemens Water Technologies maintains a Technical Staff with over 100 years combined experience in the field of Wastewater Odor Control, including four (4) personnel with a minimum of a Bachelor's degree in Chemical Engineering. This staff is located at the Sarasota (Tallevast) headquarters. 4. Siemens Water Technologies routinely performs extensive odor surveys when these services are required by the County to identify sources of excessive loadings or collection line odor problems. Siemens is able to collect the following types of data at a minimum: grab samples of vapor - phase hydrogen sulfide, mercaptans, amines, ammonia, and other odorous compounds: continuous sampling and data logging of vapor - phase hydrogen sulfide: grab and continuous sampling of liquid -phase dissolved sulfides, pH, temperature, ORP, nitrate residual and hydrogen peroxide residual. Siemens maintains the equipment to carry out these surveys including: Detection Instruments' Odalog H2S monitor/data logger, Arizona Instruments' Jerome H2S monitor, ISCO's 24 hour liquid sampler, SIEMENS Alm Gastec`s hand sampling (vapor) pumps as well as various pH meters ani other equipment. 5. Siemens Water Technologies owns and operates liquid tanker trucks for delivery of all the liquid phase odor control products and scrubbina chemicals required in quantities from 50 to 5,000 gallons. v 6. Siemens Water Technologies has been operating at our current location, 2650 Tallevast Road, in Manatee County since 1976. This location houses both the Division headquarters and a full scale Service/Distribution Center for all products/services described herein. 7. Siemens Water Technologies maintains an inventory of small vapor phase systems and an extensive inventory of liquid phase odor control systems, which include a mobile demo trailer for fast reaction to new odor issues. The Sarasota Service Center has eight (8) full time service technicians, each equipped with a service vehicle and the knowledge of operating and maintaining both liquid and vapor phase odor control systems. 8. Siemens Water Technologies has the ability to remotely monitor tank levels via a website to ensure uninterrupted service on liquid phase odor control systems. C. SCHEDULED SERVICE VISITS 1. Siemens Water Technologies will visit each odor control system as often as necessary to maintain acceptable operation and to meet the odor control goals established by the County. This frequency shall be no less than twice per month. 2. At each visit, Siemens Water Technologies performs the following tasks at a minimum: a. Measure and record inlet and outlet H2S and/or NH3 levels, as appropriate per vapor phase odor control installation. Troubleshoot system as necessary to correct high discharge levels. b. Measure and record dissolved sulfides, H2S, nitrates, pH and temperature as appropriate at each control point for liquid phase odor control system. Adjust dosing profile as necessary to meet performance objectives. C. Measure and record scrubbing solution pH via grab sample and compare to pH controller. Calibrate/troubleshoot/repair pH control system and/or chemical feed system as necessary. SIEMENS gddbl d. Measure and record scrubbing solution chlorine residual. Calibrate/troubleshoot/repair ORP control system and/or sodium hypochlorite feed system as necessary e. Inspect and record scrubber and biofilter make-up water flow rate. Adjust as necessary. f. Inspect chemical feed line wye strainers. Clean as necessary. g. Visually inspect scrubber packing, biofilter media, spray nozzles, and pH/ORP probes for scaling or fouling. Perform cleaning procedure(s) as necessary. h. Inspect all pumps and blower(s) for leaks and vibration. Correct as necessary. Check calibration of chemical feed pumps, advanced dosing controllers, and H2S Monitors to assure proper dosing. j. Perform any other tasks/repairs necessary to maintain/achieve proper operation of the systems. 3. In addition to the tasks described above, any and all calibration, lubrication, or other maintenance shall be performed in accordance with the methods and frequency specified by the Equipment Manufacturer. D. EMERGENCY/ODOR COMPLAINT RESPONSE Siemens Water Technologies provides same-day response to any emergency repair need or odor complaint. This is accomplished by the local Service Center located in Sarasota, FL E. REPLACEMENT PARTS Any and all replacement parts required for the provision of the services as described in these specifications are typically of the same make and model as the original equipment. Equipment design and replacement are the responsibility of Siemens Water Technologies. r SIEMENS Sample Reports This section contains examples of reports and analysis that Siemens Water Technologies currently generates for the County. These examples are listed with a brief description below. 1. Lakewood Ranch Master — an example of preliminary investigation and implementation of an odor and corrosion control solution, including pre- and post-treatment grab and continuous monitoring data. 2. Randomly Selected Survey Data Sheets — all chemical feed sites (control points) are measured and recorded twice each month. 3. Scrubber Log Sheets — one example of the typical scrubber log sheets for one month. Scrubber logs maintained on every scrubber. 4. Biofilter Log Sheets — one example of the typical biofilter log sheets for one month. Scrubber logs maintained on every scrubber. SIEMENS Safety Plan The Siemens philosophy of Safety Management is that each employee has a key rote in maintaining an accident free workplace — both on and off site. This is accomplished through training and awareness, and through various inspection processes. Our facility has an established Safety Committee to provide leadership for the safety program and to promote safety awareness, They meet on a monthly basis to discuss the following: • Follow-up on action items • Review of accidents and safety statistics • Report on monthly audit • Issues brought before the committee • Appropriate training programs • Update action item list Our facility also conducts Employee Safety Meetings on a monthly basis. These meetings are designed to: • Review any accidents since the last meeting including causes and corrective actions • Review monthly safety audit • Discuss monthly (corporate) safety topic • Discuss local safety issues • Take questions and observations from employees Safety Audits are conducted on a monthly basis. These inspections include not only the grounds, but also the equipment and techniques used by our employees including field personnel. Siemens employees are trained in the following programs depending on their job classification and exposure to hazards. Employees not trained in these programs will not be able to work in the department or area until the training has been completed. Hazard Communications - Employees who work with or around chemicals will be trained in the following areas: • Material Safety Data Sheets- how to use them and where they can be found. These are supplied with each chemical delivery vehicle. • Labeling requirements and reading labels — all chemical tanks are labeled using the proper Hazardous Material Information System label. SIEMENS • Hazards handling procedures, and first aid for the chemicals in use. • Hazards associated with non routine tasks • Contractor notification Lockout/Tagout — Employees who service, maintain, or install equipment wil! be trained in Lcckout/Tagout procedures. These are the only employees authorized to lockout power or stored energy sources. All other employees are aware that a locked out piece of equipment cannot be started except by the employee who locked it out. •: Personal Protective Equipment — All field employees are required to wear safety glasses and steel toed safety shoes. They are also supplied individual P.P.E. bags which contain all of the safety items that they may need at the work site. They are required to have these with them at all times. Confined Space Entry — Any employee required to enter a confined space such as a tank or Lift Station is trained to seek authorization from a Supervisor and file the appropriate forms before they begin. They are trained in the proper methods of entry and supplied the personal monitoring equipment to assure the environment is safe, and remains so throughout their service session. •: Additional Programs include, but are not limited to: Bloodborne Diseases, Accident Reporting, Hearing Conservation, Fall Protection, Ladder Safety, and Driver Safety. These programs are designed to ensure that all personnel maintain a safe environment at all times. Coupled with the additional measures such as cross-link polyethylene tanks, above ground storage of tanks within containment pads, GFCI breakers, and regular inspections of tanks and various site equipment, Siemens makes safety our number one priority. SIEMENS Warning Notices Siemens Water Technologies has received NO warning notices within the last three years. Therefore no consent actions were levied against our facility. This Section is not applicable. P-- SIEMENS The following provides be supplied by the necessary to achievE iisting includes items c may need in the future odor/corrosion control technology should bE treatment. Cost Summary a listing of the Odor/Corrosion Control Products and Services tc "Contractor" (Siemens Water Technologies Corp.) as deemed the treatment objectives stipulated by Manatee County. This :urrently being used by the County, as well as items the County While this list provides a substantially complete range of proven products and services, options for adding new advances 'r; allowed to ensure the County maintains "state of the art' Our proposed costs are presented in the following sections: A. CHEMICAL/BIOLOGICAL PRODUCTS B. EQUIPMENT C. PROFESSIONAL SERVICES & OTHER PRODUCTS. D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES dow ASW SIEMENS A. CHEMICAL/BIOLOGICAL PRODUCTS Item # Description Proposed Price 1 Bioxide $ 1.89 /gal 2 Bioxide AQ $ 2.65 /gal 3 Bioxide A+ $ 2.80 /gal 4 *A+ $ 1.50 /gal 5 Bioxide AE 45 $ 2.35 /gal 6 Nitraz me Plus $ 1.75 /gal 7 10dophos 0.5 lb/gal $ 0.48 /gal 8 OdoFree $ 0.92 / al 9 Ferric Sulfate 10% $ 0.95 /gal 10 Textone L NaC102 $ 0.65 Ab 11 Endimal1500 $ 1.36 /Ib 12 Hydrogen Peroxide 50% $ 0.38 lib 13 PRI -SC Peroxide $ 0.42 /lb 14 VX -456 $ 1.12 /lb 15 A uit $ 15.00 /lb 16 *Sodium Hydroxide 25% $ 1.40 /gal 17 *Sodium Hydroxide 50% $ 2.70 / al 18 **Sodium H ochlorite $ 1.30 /gal 19 Friendly Scrubber Component (FSC 150) $ 3.25 /Ib All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. SIEMENS B. EQUIPMENT The following table includes pricing for vapor -phase treatment equipment installed prior to September, 2007 (i.e., prior to the execution of this contract). Existing System Pricing: Item # Description Proposed Monthly Rental Fee FSC Pro ram 25-75 ppm 75-125 Ave I ppm Ave Wet Grubbers Non -FSC C 1 <100 CFM (Single Stage) $ 500 $ 615 $ 730 2 100-400 CFM Two Stage) $ 920 $ 1,208 $ 1,496 3 300-1000 CFM Three Stage)_$ 1,130 $ 1,499 $ 1,867- 4 500-1000 CFM w/ Acid Stage) $ 1,600 N/A N/A 5 1000-2000 CFM $ 1,800 $ 2,537 $ 3,275 6 2000-6000 CFM $ 3,500 $ 4,998 $ 6,495 7 9000-11000 CFM $ 3,500 $ 5,228 $ 6,956 Biological scrubber 1 Natural Draft $ 100 2 <75 CFM $ 350 3 75-150 CFM $ 750 4 150-350 CFM $ 1,050 5 350-500 CFM $ 1,300 Carbon scrubber 1 <75 CFM $ 350 2 75-200 CFM $ 800 3 200-400 CFM $ 1,100 4 400-600 CFM $ 1,350 SIEMENS The following table represents monthly cost for new installations installed in Manatee AWk County after September 2007. All fees assume a minimum of 24 months for new sites. r Siemens Water Technologies will work with Manatee County on providing the most cost-effective solutions for odor and corrosion issues. The County will be charged the following rates based on air flow and H2S levels on sites with relatively stable hydrogen sulfide loading and typically low organic loads. This table represents Siemens primary vapor phase technology choices. Due to loading and/or site constraints some sites may require the application of chemical scrubbers. Please see the next page for those applications. Siemens Water Technologies Primary Vapor -Phase Technologies Monthly Costs Item # Air Flow Rate (cfm) Average H2S Concentration (ppmv) A B C D <10 10-100 100-200 200-500 1 Natural Draft $100 $250 N/A N/A 2 75 CFM $460 $630 $760 $1,320 3 150 CFM $625 $760 $1,320 $1,635 4 350CFM $1,300 $1,320 $1,635 $1,810 5 600 CFM $1,500 $1,635 $1,810 $2,540 6 850 CFM $1,740 $1,810 $2,185 $3,200 7 1150 CFM $1,790 $2,1851 $2,5401 $3,500 8 1500 CFM 12,020 $2,540 $2,745 $3,700 9 2000 CFM $2,290 $2,745 $3,430 $4,100 10 3000 CFM $2,695 $3,430 $3,930 $4,900 11 4000 CFM $2,945 $3,930 $4,900 $5,900 12 5000 CFM $3,630 $4,620 $5,900 $6,800 13 8000 CFM $5,425 $6,200 $7,000 $8,000 14 12000 CFM $7,410 $8,500 $9,500 $10,500 CFM $8,100 110,500 $11,50 $12,500 H115 615000 18000 CFM $8,6301 12,500 $13,0001 $15,000 t SIEMENS The following table represents monthly cost for new chemical scrubber installations installed in Manatee County after September 2007. All fees assume a minimum of 24 months for new sites. Locations requiring vapor phase solutions with H2S inlet concentration swings greater than 50% of the average loading or significant ammonia/organic odor may require a chemical scrubber listed in the tables below: Siemens Water Technologies Chemical Scrubber Monthly Costs Item # Wet Scrubber Description New Fee FSC Pro ram 25-75 75-125 ppm H2S ppm H2S Ave Ave 1 100 CFM (Single Stage) $ 1,030 $ 1,168 $ 1,306 2 450 CFM Two Stage) $ 1,026 $ 1,649 $ 1,994 3 450 CFM Three Stage) $ 1,548 $ 1,894 $ 2,239 4 900 CFM Three Stage) $ 1,664 $ 2,106 $ 2,549 5 900 CFM Three Stage w/Acid $ 1,706 N/A N/A 6 2000 CFM $ 3,290 $ 4,174 $ 5,059 7 4000 CFM $ 3,368 $ 5,165 $ 6,962 8 4000 w/ Acid Stage $ 4,330 N/A N/A 9 5500 CFM $ 4,786 $ 6,721 $ 8,657 10 7100 CFM $ 4,872 $ 6,877 $ 8,881 11 9100 CFM $ 5,016 $ 7,089 $ 9,163 12 11200 CFM $ 5,398 $ 7,887 $ 10,375 13 13600 CFM $ 5,848 $ 8,751 $ 11,654 14 16200 CFM $ 6 150 $ 9,468 $ 12,786 15 20000 CFM $ 6,653 $ 10,386 $ 14,118 16 124500 CFM $ 7,128 $ 11,275 $ 15,422 For scrubber systems above that are not utilizing the "Friendly Scrubber Program" sodium hydroxide and sodium hypochlorite can be supplied at the pricing shown in Schedule A. Should the County desire to employ the FSC program on systems that are not currently covered under our services program, FSC can be provided on a per pound basis as shown in Schedule A. SIEMENS C. PROFESSIONAL SERVICES & OTHER PRODUCTS. Scrubber Maintenance Contracts Siemens will operate and maintain the following scrubber systems owned by Manatee County as shown below. Siemens will provide all service and will invoice the County for parts plus 15% for all items over $100 on the units below: Product Description Proposed Price 1. Scrubber Maintenance @ $1,098/mo. Southwest Regional Waste Water Treatment Plant 2. Scrubber Maintenance @ $898/mo. Southeast Regional Waste Water Treatment Plant Fully Automated Odor Control Products Product Description Proposed 1 H2S Monitor $3451mo. 2. Advanced Dosing Controller & Monitor $420/mo Monthly fee includes Internet access to data. County shall be responsible for any necessary site improvements, utilities, and security required for the application of the products and services listed herein. Professional Services: The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Siemens that are found elsewhere in this contract: Service Description Fee 1. Engineer or Chemist $160.00/hr. 2. Technician $100.00/hr. 3. Professional Engineer (P.E.) $300.00/hr. SIEMENS D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES The pricing included herein is proposed for the first annual contract period. Siemens Water Technologies proposes that the contract be subject to annual renewals at the mutual consent of both parties for as many years as deemed beneficial to both parties. We propose that prices be adjusted at the time of annual renewal per the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI), except for the following commodity products. *Sodium Hydroxide - Price to be adjusted annually by the CMAI (Caustic Manufacturers Index). **Sodium Hypochlorite — Price to be adjusted annually based on local Florida market conditions. The price lists reflect the price structure Siemens Water Technologies proposes for the first contract period. This pricing reflects a volume discount based on Manatee County's sales volume, which historically is well above the threshold values. Should volume drop below the thresholds listed, surcharges as defined would apply. 1. Gross sales below $500,000 yearly will increase all costs in this proposal by 5%, Aft 2. Gross sales below $250,000 yearly will increase all costs in this proposal by 10%. Sales volume for pricing purposes shall be determined at contract start based on estimated budget and shall be reviewed at annual renewal unless sales volume levels change by 20% or more during the year. , ,.7 r ti f i / Clerk of the Clrcult Court and £omprroller P.O. Box 25400 0 Bradenron, Florlda 34206 s (9411 749.1800 0 FAX (94 1) 7414082 • www.manafeeclerh,com September 12, 2007 TO: Siemens Water Technologies 2650 Tallevast Road Sarasota, FL 34243 FROM: Clerk of Circuit Court Board Records Department Quantana Acevedo P. O. Box 25400 Bradenton, FL 34206 RE: Agreement — Odor and Corrosion Control Services Approved: In open session by the Board of County Commissioners, Manatee County, Florida on September 11, 2007, cc: Board Records Signature page to Frank Lambertson, Purchasing (via e-mail) RBS/qa Clerh of Circuit and County Court & rierh of Board of County Commissioners 0 Counry Comprrcller. Audiror and Recorder AGREEMENT FOR ODOR AND CORROSION CONTROL SERVICES THIS AGREEMENT is made by and between the County of Manatee, a political subdivision of the State of Florida, hereinafter referred to as "County", with offices located at 1112 Manatee Avenue West, Bradenton, FL 34205-7804 and Siemens Water Technologies hereinafter referred to as "Contractor", with offices located at 2650 Tallevast Road, Sarasota, FL 34243. WHEREAS, the County has determined that it is necessary, expedient and in the best interest of the County to retain Contractor to provide odor and corrosion contro services for the Utility Operations Department; and WHEREAS, the County caused a public announcement to be made, distributed and published requesting proposals (RFP 07-5835FL) dated March 8, 2007 for the selection of a contractor to provide odor and corrosion control service as provided in this Agreement; and WHEREAS, the Contractor submitted a proposal, dated April 10, 2007 in response to this request for proposals (RFP 07-5835FL), and subsequently made presentations and supplementary representations which were relied upon by the County in selecting the Contractor. The capacity of the Contractor to provide odor and corrosion control services is an essential relationship of trust and confidence between and County and the Contractor, and WHEREAS, this Agreement is the result of competitive negotiation procedures instituted by the County. WITNESSETH: for and in consideration of the foregoing premises and the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: ARTICLE 1: SCOPE OF SERVICE. The Contractor covenants and represents to County that Contractor shall provide services as described in Attachment A, hereinafter referred to as the "Scope of Services". ARTICLE 2: CONTRACT DOCUMENTS. The Contractor shall comply with the following attachments which are attached and made a part of this Agreement: Attachment "A" --- Scope of Services Attachment "B" --- Payments Attachment "C" --- Special Conditions Attachment "D" --- Insurance Certificate In the event of a conflict between the terms and conditions provided in Articles in this part of the Agreement and any attachment or exhibit, the Provisions contained within these Articles shall prevail unless the term or provision in the attachment or exhibit specifically states that it shall prevail. ARTICLE 3; LIMITATION OF COSTS AND PAYMENTS. Contractor shall be paid by County an amount in accordance with Attachment B for the provision of the Scope of Services. Contractor has been advised that no Contractor or employee of the County may authorize an increase in the above amount as evidenced by the initials of Contractor's representative in the margin. Any increase in total compensation must be authorized in writing by the Board of County Commissioners. ARTICLE 4: CONTRACT TERM. A. Unless renewed or terminated as provided in this Agreement, this Agreement shall be for a period of one year, commencing September 13, 2007 and ending September 12, 2008. B. Renewals or extensions of this Agreement, if any, shall be as specified in Attachment "C" Special Conditions. ARTICLE 5: TERMINATION. A. This Agreement may be terminated by either party for any reason or for no reason by giving to the other party no less than thirty (30) days written notice of intent to terminate. County may terminate this Agreement immediately by delivery of written notice to Contractor upon determining that Contractor has failed to comply with the terms of this Agreement. If Contractor fails to comply with the terms of this Agreement, the Contract Administrator may, upon written notification to Contractor withhold payment until Contractor complies with the conditions or terms. The notice shall specify the manner in which the Contractor has failed to comply with this Agreement. B. Upon expiration or termination of this Agreement for any reason, the Contractor shall prepare all final reports and documents required by the terms of the Agreement up to the date of termination. Contractor's final request for payment and other documents required shall be submitted to County within fifteen (15) calendar days after termination of this Agreement. County shall not be responsible for any charges, claims or demands not received within the fifteen (15) day period. ARTICLE 6: NOTICES. All notices or written communications required or permitted hereunder shall be deemed to have been given when received if hand delivered or when deposited in the U.S. mail, postage paid and addressed as follows: If mailed to Contractor: Siemens Water Technologies Attn: Vaughan Harshman, P.E. 2650 Tallevast Road Tallevast, FL 34270-0029 If by hand delivery: Siemens Water Technologies Attn: Vaughan Harshman, P.E. 2650 Tallevast Road Sarasota, FL 34243 If mailed to County: Manatee County Utility Operations Department Attn: Daniel Gray, Director 4410 66th Street West Bradenton, FL 34210 If by hand delivery: Manatee County Utility Operations Department Attn: Daniel Gray, Director 4410 66th Street West Bradenton, FL 34210 Notice of termination or withholding of payment shall be served by certified or registered mail, return receipt requested or by hand delivery. ARTICLE 7: GENERAL CONDITIONS. A: MAINTENANCE OF RECORDS. i. Contractor shall maintain records, accounts, property records, and personnel records in accordance with generally accepted accounting principles, as deemed necessary by County to assure proper accounting of funds and compliance with the provisions of this Agreement. ii. Contractor shall provide County all necessary information, records and contracts required by this Agreement as requested by County for monitoring and evaluating services. Contractor's information shall be made available to County for audit, inspection or copying during normal business hours and as often as County may deem necessary, except for client records protected by client confidentiality rules or regulations established by State or Federal law. In cases where client confidentiality applies, Contractor shall provide requested records in a fashion which maintains confidentiality. County shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement or License made by any local, State or Federal Agency. Contractor shall retain all of its records and supporting documents related to this Agreement in accordance with all applicable laws, rules and regulations; in the absence of any other requirement, such records and supporting documents will be retained by Contractor for at least three (3) years after the termination of this Agreement. B: COMPLIANCE WITH LAWS; NON-DISCRIMINATION. The performance of this Agreement shall be in compliance with all applicable laws, orders and codes of Federal. State, and local governments and the Americans with Disabilities Act. Additionally Contractor covenants and agrees that no person shall on the grounds of race, creed, color, handicap, national origin, sex, age, political affiliation or beliefs be excluded from participation in, be denied the benefits of employment by Contractor, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available by the County. C: LICENSES. Contractor shall obtain any licenses required to provide the Scope of Services and maintain full compliance with any licensure requirements. Copies of reports provided to or by any licensing or regulatory agency shall be forwarded to the County within ten days after receipt by Contractor. D: CONTRACTUAL LIABILITY. The relationship of the Contractor to the County shall be that of an independent Contractor. Nothing herein contained shall be construed as vesting or delegating to the Contractor or any of the officers, employees, personnel, Contractors, or subcontractors of the Contractor any rights, interest or status as an employee of the County. The County shall not be liable to any person, firm or corporation that is employed by, contracts with or provides goods or services to the Contractor in connection with the Scope of Services or for debts or claims accruing to such parties. Contractor shall promptly pay, discharge or promptly take such action as may be necessary and reasonable to settle such debts or claims. E: SUBCONTRACTORS, Contractor agrees that the Scope of Services shall be provided by employees of Contractor and not by subcontractors. Nothing herein shall preclude employment of personnel through a lease or similar arrangement with the approval of County's representative, or contracts or leases for materials, supplies, facilities and other support services for Contractor's Scope of Services. F: NON -ASSIGNABILITY. Contractor may not assign, transfer, or encumber this Agreement or any right or interest in this Agreement. G: CONTRACTOR'S REPRESENTATIVES. Within thirty (30) days from the date of execution of this Agreement by both parties, Contractor shall provide the County with a list of representatives authorized to act on behalf of the Contractor. ARTICLE 8: INDEMNIFICATION. The Contractor hereby agrees to indemnify, defend, save and hold harmless the County from all costs, expenses, claims, demands, liabilities, judgments and suits of any nature whatsoever, arising out of, because of, or due to any negligent error, omission, or act of professional malpractice by the Contractor, or due to the breach of this Agreement by the Contractor, his subcontractors, agents or employees. It is specifically understood and agreed that the provisions of this Article are not intended to cover or indemnify the County for its own negligence or breach of Contract. ARTICLE 9: INSURANCE. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at the Contractor's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the nature and type represented by the Certificates of Insurance attached hereto as Attachment D. Upon due notice from County, Contractor shall procure additional insurance as may reasonably be requested by the County to protect the County from liability. 4 Until such time as the insurance is no longer required, the Contractor shall provide the County with renewal or replacement certificates of insurance not less than 15 days prior to the expiration or replacement of the insurance for which a previous certificate has been provided. In the event a renewal or replacement certificate is not available Contractor shall, not less than 15 days prior to expiration of any existing policy, provide County with evidence of a binder proving continuation of coverage and a new certificate as reasonably soon as possible. Manatee County, a political subdivision of the State of Florida, shall be named as an additional insured on the certificate of insurance evidencing commercial general liability coverage. Further, Manatee County will be provided with copies of all underlying additional insured endorsements. County shall be under no obligation to pay Contractor for any services provided or for any costs associated with Contractor's Scope of Services for any period of time not covered by the insured required under this Agreement. ARTICLE 10: COUNTY'S CONTRACT ADMINISTRATOR. Mr. Daniel Gray, Director, Manatee County Utility Operations Department or such other employee as may be designated in writing by the County's Purchasing Manager shall serve as County's Contract Administrator and is authorized to interpret this Contract and designate such additional employees as may be required to monitor Contractor's performance, provide technical assistance, and assume other administrative duties associated with the implementation of this Agreement. Disputes over any provision not satisfactorily resolved with the Contract Administrator shall be referred to the Purchasing Manager or his designee. ARTICLE 11: AMENDMENTS, This Agreement may not be modified, amended or extended orally. This Agreement may be amended only by written agreement executed by the governing bodies of both parties. ARTICLE 12: SEVERABILITY. In the event that any paragraph of this Agreement is adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not affect or nullify the remaining paragraphs hereof, but shall be confined solely to the paragraphs involved in such decision. ARTICLE 13: HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE 14: AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Agreement and has authorized the execution of this Agreement by the party's authorized representative. 5 THE CONTRACTOR agrees to perform or render services in accordance with this Agreement for Odor and Corrosion Control Services according to the method of compensation as set forth within this Agreement, upon authorization by Manatee County. WITNESSES: Sign Name: Print Name: Sign Name: Print Name._ Reno me ed Z:" Sign: ; C', /a� Daniel Gray, Director Utility Operations Department SIEMENS WATER TECHNOLOGIES Print Name: Title: ±"ir"t'1iI^s" 1! 1it'f L Phone Number: Approved as to Format and Correctness Sign: r rr t o ,� R 'C. "Rob" uthbert, C.P.M: Purchasing/Division n ! 1. APPROVED, with a quorum presented and voting this day of �ITA- .- ,i 2007. i r r' Attest -B4 / . R 8. "Chips" Shore Clerk of the Circuit Court [:i "COUNTY" COUNTY OF MANATEE, a political sub- division of the State of Florida y x Amy,/E. St in, Chairman Board of County Commissioners ATTACHMENT "A°: SCOPE OF SERVICES A.01 GENERAL OVERVIEW Contractor will provide Odor and Corrosion Control Services for the Manatee County Utility Operations Department, Lift Station and Treatment Plants Divisions. The Contractor shall furnish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide Odor and Corrosion Control Services. The Contractor shall provide specific odor/corrosion treatment, related wastewater treatment plant issues/costs, establishing objectives and monitoring programs for odor/corrosion control treatment. A.02 GENERAL REQUIREMENTS a. Contractor shall provide the latest technically proven and most cost effective means of treatment possible. Contractor shall provide problem definition, treatment selection and ongoing monitoring process. b. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager. The County shall have final approval of ongoing odor/corrosion control planning and adjustment process as wastewater collection/treatment systems continue to expand. G. Contractor shall, based upon treatment and budgetary objectives established by the Utility Operations Department, refine and adjust the existing odor/corrosion control program. The program shall include but not be limited to expanding services to wastewater treatment plants and designated pumping stations, adjusting the combination of current odor/corrosion products, and pilot testing additional treatment techniques as particular situations dictates alternative techniques and more cost effective programs. d. Contractor shall provide a service/maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices at key monitoring points. The extent of the data collection will be approved by the Wastewater Division Manager and followed with regular written reports to the County. Contractor shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. e. Contractor shall provide an introductory and organizational seminar regarding its services and staff members to the County representatives within thirty (30) days after contract award. f. The Contractor shall hold at least one (1) yearly workshop for a County employees at a County designated location to describe the latest techniques in the odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. g. The Contractor shall work with the County in establishing priorities in performing all work. Contractor shall respond to all calls of odor complaints within six (6) hours. h. The Contractor shall be completely responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the Contractor to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. Contractor shall be fully responsible for the operation of their vehicles and handling of all materials related to the odor and corrosion control services at all locations within the County. j. Contractor shall be fully responsible for conforming to any and all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analysis that has been performed. Contractor shall inform the County of its planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Contractor's work in progress. M. The Contractor shall provide a safety seminar every six (6) months to selected County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use and copies of MSDS sheets for those chemicals. 2 ATTACHMENT "B": PAYMENTS A. CHEMICAL/BIOLOGICAL PRODUCTS Item # Description Proposed Price 1 Bioxide 1 $ 1.89 / al 2 16ioxide AQ 1 $ 2.65 1/.al 3 1 Bioxide A+ 1 $ 2.60 J al 4 1 *A+ 1 $ 1.50 / al 5 1 Bioxide AE 45 $ 2.35 / al 6 INitrazyme Plus $ 1.75 I/gal 7 10dophos 0.5 lb/gal $ 0.48 I/gal 8 10doFree 1 $ 0.92 / al 9 1 Ferric Sulfate 10% $ 0.95 /gal 10 JTextone L NaC102 $ 0.65 fib 11 Endimal1500 $ 1.36 fib 12 1HYdrogen Peroxide 50% S 0.38 fib 13 PRI -SC Peroxide $ 0.42 fib 14 VX -456 $ 1.12 fib 15 lAquit $ 15.00 fib 16 *Sodium Hydroxide 25% $ 1.40 /cal 17 *Sodium Hydroxide 50% S 2.70 /gal 18 **Sodium Hypochlorite $ 1.30 / al 19 Friendly Scrubber Component (FSC 150) S 3.25 Ift All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. B. EQUIPMENT The following table includes pricing for vapor -phase treatment equipment installed prior to September, 2007 (i.e., prior to the execution of this contract). Existing System Pricing: Proposed FSC Program Item Monthly 25-75 ppm 75-125 # Description Rental Fee Ave ppm Ave Wet Scrubbers Non -FSC ESC 1 <100 CFM (Single Stage) $ 500 $ 615 $ 730 2 100-400 CFM fTwo Stage) $ 920 $ 1,208 $ 1,496 3 300-1000 CFM Three Stage) $ 1,130 $1.499 $ 1,867 4 500-1000 CFM w/ Acid Stage) $ 1,600 N/A N/A 5 1000-2000 CFM $ 1,800 $ 2,537 1 $ 3,275 6 2000-6000 CFM $ 3,500 $ 4,998 $ 6,495 7 9000-11000 CFM $ 3,500 $ 5,228 $ 6,956 Biological scrubber 1 Natural Draft $ 100 2 <75 CFM $ 350 3 75-150 CFM $ 750 4 150-350 CFM $ 1,050 5 350-500 CFM $ 1,300 Carbon scrubber 1 <75 CFM $ 350 2 75-200 CFM $ 800 3 200-400 CFM $ 1,100 4 400-600 CFM $ 1,350 The following table represents monthly cost for new installations installed in Manatee County after September 2007. All fees assume a minimum of 24 months for new sites, Siemens Water Technologies will work with Manatee County on providing the most cost-effective solutions for odor and corrosion issues. The County will be charged the following rates based on air flow and H2S levels on sites with relatively stable hydrogen sulfide loading and typically low organic loads. This table represents Siemens primary vapor phase technology choices. Due to loading and/or site constraints some sites may require the application of chemical scrubbers. Please see the next page for those applications. Siemens Water Technologies Primary Vapor -Phase Technologies Monthly Costs Item # Air Flow Rate (cfm) Average H2S Concentration (ppmv) A B C D :'-10 10-100 100-200 200-500 1 Natural Draft $100 $250 N/A N/A 2 75 CFM $460 $630 $760 $1,320 3 150 CFM $625 $7601 S1,320 $1,635 4 350CFM $1,300 $1,3201 S1,635 $1,810 5 600 CFM $1,500 $1,635 S1,810 $2,540 6 850 CFM $1,740 $1,810 S2,185 $3,200 7 115D CFM $1,790 $2,185 S2,540 $3,500 8 1500 CFM $2,020 $2,540 S2,745 $3,700 9 2000 CFM $2,290 $2,745 S3,430 $4,100 10 3000 CFM $2,695 $3,430 $3,930 $4,900 11 4000 CFM $2,945 $3,930 $4,900 $5,900 12 5000 CFM $3,630 $4,620 $5,900 $6,800 13 8000 CFM $5,425 $6,2001 $7,000 $8,000 14 12000 CFM $7,410 $8,500 $9,500 $10,500 15 15000 CFM $8,100j$12,500 .500 $11,500 .$12,5001 16 18000 CFM $8,630 $13,0001 $15,000 The following table represents monthly cost for new chemical scrubber installations installed in Manatee County after September 2007. All fees assume a minimum of 24 months for new sites. Locations requiring vapor phase solutions with H2S inlet concentration swings greater than 50% of the average loading or significant ammonia/organic odor may require a chemical scrubber listed in the tables below: Siemens Water Technologies Chemical Scrubber Monthly Costs Item # Wet Scrubber Description New Fee FSC Program 25-75 ppm H2S Ave 75-125 ppm 1-12S Ave 1 100 CFM Sin le Stage) $ 1,030 $ 1,168 $ 1,306 2 450 CFM Two Stage) $ 1,026 $ 1,649 $ 1,994 3 450 CFM (Three Stage) $ 1,548 $ 1,894 $ 2,239 4 900 CFM Three Stage) $ 1,664 $ 2,106 $ 2,549 5 900 CFM (Three Stage w/Acid) $ 1,706 N/A N/A 6 2000 CFM $ 3,290 $ 4,174 $ 5,059 7 4000 CFM $ 3,368 $ 5,165 $ 6,962 8 4000 w/ Acid Stage $ 4,330 N/A I N/A 9 5500 CFM $ 4,786 $ 6,721 $ 8,657 10 7100 CFM $ 4,872 $ 6,877 $ 8,881 11 9100 CFM $ 5,016 $ 7,089 $ 9,163 12 11200 CFM $ 5,398 $7,887 $ 10,375 13 13600 CFM $ 5,848 $ 8,751 $ 11,654 14 16200 CFM $ 6,150 $ 9,468 $ 12,786 15 20000 CFM $ 6,653 $ 10,386 $ 14,118 16 24500 CFM $ 7,1281 $ 11,275 $ 15,422 For scrubber systems above that are not utilizing the "Friendly Scrubber Program", sodium hydroxide and sodium hypochlorite can be supplied at the pricing shown in Schedule A. Should the County desire to employ the FSC program on systems that are not currently covered under our services program, FSC can be provided on a per pound basis as shown in Schedule A. 4 C. PROFESSIONAL SERVICES & OTHER PRODUCTS. Scrubber Maintenance Contracts Siemens will operate and maintain the following scrubber systems owned by Manatee County as shown below. Siemens will provide ail service and will invoice the County for parts plus 15% for all items over $100 on the units below: Product Description Proposed Price 1. Scrubber Maintenance @ $1,098/mo. Southwest Regional Waste Water Treatment Plant 2. Scrubber Maintenance @ $898/mo. Southeast Regional Waste Water Treatment Plant Fully Automated Odor Control Products Product Description Proposed 1 H2S Monitor $345/mc. 2. Advanced Dosing Controller & Monitor $420/mo Monthly fee includes Internet access to data. County shall be responsible for any necessary site improvements, utilities, and security required for the application of the products and services.listed herein. Professional Services: The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Siemens that are found elsewhere in this contract: Service Description Fee 1. Engineer or Chemist $160.00/hr. 2. Technician $100.00/hr. 3. Professional Engineer (P.E.) $300.00/hr. 11 D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES The pricing included herein is proposed for the first annual contract period. Siemens Water Technologies proposes that the contract be subject to annual renewals at the mutual consent of both parties for as many years as deemed beneficial to both parties. We propose that prices be adjusted at the time of annual renewal per the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI), except for the following commodity products. *Sodium Hydroxide - Price to be adjusted annually by the CMAI (Caustic Manufacturers Index). **Sodium Hypochlorite — Price to be adjusted annually based on local Florida market conditions. The price lists reflect the price structure Siemens Water Technologies proposes for the first contract period. This pricing reflects a volume discount based on Manatee County's sales volume, which historically is well above the threshold values. Should volume drop below the thresholds listed, surcharges as defined would apply. 1. Gross sales below $500,000 yearly will increase all costs in this proposal by 5%. 2. Gross sales below $250,000 yearly will increase all costs in this proposal by 10%. Sales volume for pricing purposes shall be determined at contract start based on estimated budget and shall be reviewed at annual renewal unless sales volume levels change by 20% or more during the year. D ATTACHMENT "C" SPECIAL CONDITIONS This agreement may be renewed by the mutual agreement of the parties for three (3) additional periods of one (1) year. 2. Compensation payable to Contractor for services rendered and expenditures incurred in providing the services identified in Attachment "A". 3. Compensation to Contractor shall be computed based on actual service units and/or hours performed times unit fee rate. 4. The unit fee rates shall be the total compensation for the services and shall contain all costs to include salaries, office operation, transportation, equipment, overhead, general and administrative, incidental expenses, fringe benefits, operating margin and subcontractor costs. 5. Contractor shall provide County with invoices not more frequently than once a month for each calendar month in which services are provided. 6. Contractor's invoice shall be in a form acceptable to County, provide specific details with respect to actual service units and/or hours of work incurred and include other such detail as may reasonably be requested by County. 7. Payment shall be made only after receipt and approval of goods and services. 8. Any penalty for delay in payment shall be in accordance with the Florida Prompt Payment Act (Section 218.70, et seq., Florida Statutes). 9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the County at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the County upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the County for a proper audit of costs. 10. County shall give Contractor prompt notice of any dispute with respect to Contractor's invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. 11. The County shall remit payment for each invoice within forty-five (45) days after the receipt of an acceptable invoice. County shall give Contractor prompt notice of any dispute with respect to Contractor's invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. 2 VI. -CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) RECOMMENDATION: Motion to authorize execution of an agreement, by resolution, with the South Florida Water Management District (SFWMD) to accept a $559,900 grant for Phase 1B, Reclaimed Water Distribution and Recharge System Project. EXPLANATION: On June 1, 2008, a grant application was submitted to SFWMD that requested funding through the district's Alternative Water Supply Funding Program, Fiscal Year 2009. The application was prepared by Mathews Consulting, Inc., the Engineer of Record for this project. The City's reclaimed water system was designed and bid in two (2) separate phases, Phase IA and Phase 1B. Phase 1A is complete and received grant funding in Fiscal Year 2008 for $530,700. Phase 113 is currently under construction with a projected completion date of June 2009. PROGRAM IMPACT: Increased ground water withdrawal allocations to meet future demands are becoming more difficult for municipalities to obtain from the SFWMD; grant funding is available to eligible municipalities with approved projects to promote the use of alternative water programs. Implementation of reclaimed water systems is one of the most effective methods recognized by SFWMD to offset consumptive use demands. Phase 1B consists of approximately 2,240 linear feet of 14 -inch and 4,550 linear feet of 12 -inch reclaimed water transmission piping; and 1,645 linear feet of 8 -inch and 4,182 linear feet of 6 -inch reclaimed water distribution piping. The project is designed to serve reuse users in the project area and reduce impacts to the City's wellfield recharge area located directly east and west of I-95 between Woolbright Road and Golf Road. When Phase 1B is complete it will increase reuse water availability by 0.371 mgd (million gallons per day); Phase 1A and Phase 1B combined will increase reuse water availability by 0.662 mgd. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORKDOC March 2, 2009 (Noon) March 16, 2009 (Noon)=) C-1 co 't1 ❑ City Manager's Report Ct'T1") N ❑W� New Business � 9C ❑ Legal 3 ❑ Unfinished Business? fi ❑ N C.) RECOMMENDATION: Motion to authorize execution of an agreement, by resolution, with the South Florida Water Management District (SFWMD) to accept a $559,900 grant for Phase 1B, Reclaimed Water Distribution and Recharge System Project. EXPLANATION: On June 1, 2008, a grant application was submitted to SFWMD that requested funding through the district's Alternative Water Supply Funding Program, Fiscal Year 2009. The application was prepared by Mathews Consulting, Inc., the Engineer of Record for this project. The City's reclaimed water system was designed and bid in two (2) separate phases, Phase IA and Phase 1B. Phase 1A is complete and received grant funding in Fiscal Year 2008 for $530,700. Phase 113 is currently under construction with a projected completion date of June 2009. PROGRAM IMPACT: Increased ground water withdrawal allocations to meet future demands are becoming more difficult for municipalities to obtain from the SFWMD; grant funding is available to eligible municipalities with approved projects to promote the use of alternative water programs. Implementation of reclaimed water systems is one of the most effective methods recognized by SFWMD to offset consumptive use demands. Phase 1B consists of approximately 2,240 linear feet of 14 -inch and 4,550 linear feet of 12 -inch reclaimed water transmission piping; and 1,645 linear feet of 8 -inch and 4,182 linear feet of 6 -inch reclaimed water distribution piping. The project is designed to serve reuse users in the project area and reduce impacts to the City's wellfield recharge area located directly east and west of I-95 between Woolbright Road and Golf Road. When Phase 1B is complete it will increase reuse water availability by 0.371 mgd (million gallons per day); Phase 1A and Phase 1B combined will increase reuse water availability by 0.662 mgd. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORKDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Estimated construction costs included in the City's 2008/2009 budget for Phase 1B are $1,399,700. The execution of the grant agreement will offset $ 559.900 or 40% of budgeted funding. ALTERNATIVES: Tighter regulations for ground water withdrawals are necessary to preserve our natural resources for future consumptive use demands. The City is taking a proactive approach through the design of a reclaim water system, increasing reuse water availability by 0.662 mgd when Phase IA and Phase 1B are complete. The alternative would be to halt the project and not be able to utilize the costs savings provided through the grant. The Utilities Department recommends the execution of the grant agreement with the SFWMD. Kofi Bo ng,tili es Director Utilities 17�Lartment Name ro ur gent Services Attachment Two (2) Original Agreements bc: Kofi Boateng, Utilities Director %Pete Mazzella, Deputy Utilities Director Barb Conboy, Manager Administration/Finance Chris Roschek, Manager Engineering Division Debbie Majors, Grant Coordinator Utilities Project File (Karen Riseley) S.IBULLETIN\FORMS'AGENDA ITEM REQUEST FORM.DOC City Manager's Sig4ature Assistant to City Manager City Attorney / Finance 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 RESOLUTION NO. R09 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PROVIDING FOR A $559,900.00 GRANT FOR PHASE 1B, RECLAIMED WATER DISTRIBUTION AND RECHARGE SYSTEM PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been awarded a $559,900.00 grant from the South Florida Water Management District; and WHEREAS, increased ground water withdrawal allocations to meet future demands are becoming more difficult for municipalities to obtain from the South Florida Water Management District; and WHERAS, grant funding is available to eligible municipalities with approved projects to promote the use of alternative water programs; and WHEREAS, Implementation of reclaimed water systems is one of the most effective methods recognized by the South Florida Water Management District to offset consumption use demands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes and directs the City Manager to execute a Funding Agreement to accept a $559,900.00 grant S:\CA\RESO\Agreements\Grants\SFWMD Reclaimed Water Grant Phase 1 B.doc 1 between the City of Boynton Beach and the South Florida Water Management District l0r 1'!utse i 2 IB of the Reclaimed Water Distribution and Recharge System Project. a copy of Milch :s 31 C!' c E F C 1( 1� 1: 1� 1� 1E 1i 1f 1� 2( 2' 2', 2; 2z 2 I 2E 21 2E 2� 3( 3' 3I 3� 3Z 3E attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor —Jose Rodriguez Commissioner -- Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) I S 1,CAIRESOVAgreementsiGrants\SFWMD Reclaimed Water Grant Phase IB doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT December 5, 2008 Mr. Kofi Boateng, P.E. P.E. Director of Utilities City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Dear Mr. Boateng: Subject: Contract # No. 4600001652 FY2009 Alternative Water Supply Please find enclosed two (2) copies of each Work Order noted above. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both originals of each Work Order to my attention. Do not date the documen ; a fully signed original of each Work Order will be returned to you upon execution by the South Florida Water Management District (District). Note that these documents are not binding on the parties until approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison, CPPB Contract Specialist Procurement Department bharriso ,sfwmd.gov (561) 682-6378 FAX: (561) 681-6275 /bh c: Stacey Adams, MSC -4362 Enclosures e N 17 IF I IF "LJ DEC A 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • wwwsfwmd.gov SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2008 - 2009 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: City of Boynton Beach Recipient's Project Manager: Kofi Boateng, P.E., Director of Utilities Address: 124 East Woolbright Road Boynton Beach, FL 33435 Telephone No: (561) 742-6400 Fax No: (561) 742-6298 SFWMD Project Manager: Stacey Adams Telephone No.: (561) 682-2577 E-mail Address: sadams@sfwmd.gov Fax No.: (561) 682-2027 Contract Specialist: Sharman Rose Telephone No.: (561) 682-2167 Fax No.: (561) 682-5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59-6000282 i Project Title: FY2009AWS — Project # LEC -85 Description: Reclaimed Water Distribution System — Phase 113 Agreement No. 4600001652, Page 1 of I 1 3 £oo � i ? F; �"•9��Y`.}y:�'}'��f?�F::: �.f��i• � 5:�.'}.�`a'; .€. i.�, :;.�ss.� ,. ft: Project Title: FY2009AWS — Project # LEC -85 Description: Reclaimed Water Distribution System — Phase 113 Agreement No. 4600001652, Page 1 of I 1 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report Exhibit E Federal/State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) or more of the Project's construction cost, unless a different amount is authorized pursuant to Florida Statutes s. 373.1961(3)(e). Payment will be made by the District for work authorized and completed between October 1, 2008 and August 31, 2009. The District will not reimburse the Recipient for work that commences prior to the start date of the Agreement or for work completed after August 31, 2009. Agreement No. 4600001652, Page 2 of 1 1 3.2 The Recipient assumes sole responsibility for all work which is performed pursuan� Exhibit "A". By providing funding hereunder._ the District does not make ani ��arrant . guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used li o the construction activities described in Exhibit "A'". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e., test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this Agreement and ; or (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all or any state appropriation for alternative water supply from the State of Florida as provided in the State's 2009 fiscal year budget (HB 5001/Ch. 2008-152, Laws of Florida). ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables". attached hereto as Exhibit "B". On or before December 31, 2008; March 31, 2009; and June 30. 2009, the Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C". Concurrent with delivery of each Project Status Report, the Recipient shall submit a reimbursement request upon completion of each Task. In addition, on or before August 31, 2009, the Recipient shall provide a completed Project Summary Final Report. attached hereto as Exhibit "D". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FI_ 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each invoice to the Project Manager. The Recipient's reimbursement request shall contain the backup documentation required (e.g.. the request shall include, but is not Agreement No. 4600001652, Pale 3 of I I limited to, a copy of Recipient's invoice (include the District's Agreement Number and P.O. number), signed certification letter on Recipient's letterhead (signed by an authorized representative of the Recipient), Tasks completed per the Agreement (if all Tasks are finished, a statement indicating that the Project is completed per the Agreement) and vendor invoices/application for payment) for the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" no later than August 31, 2009. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emil y.Richardson(asfwmd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular Project status reports (Exhibit "C") quarterly by December 31, 2008; March 31, 2009; and June 30, 2009. Reports shall provide detail on the progress of the Project, amounts expended to date per Task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District Project Manager via e-mail by the specified due date. In the event actual construction costs are less than the not -to -exceed amount for a particular Task stated in Exhibit `B", the Recipient will have the right to apply the unexpended balance toward another Task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not -to -exceed amount to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Agreement. Agreement No. 4600001652, Page 4 of 11 ARTICLE -5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of ,III, Agreement to the attention of the Project Manager for attempted resolution or action. t he Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring Recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part Il of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part 1I of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty ('10) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole. or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination Agreement No. 4600001652, Page 5 of 1 1 becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's Project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to Agreement No. 4600001652, Page 6 of 11 such records in compliance with the requirements of the Florida State Single Audit Act the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary_ information to fl)c Recipient as set forth in Exhibit "E." B. The Recipient shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA). as applicable ( 3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor.. rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the District. as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agenc\ . the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate correct]Vc actions have been taken with respect to audit findings and recommendations whiclh may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 82 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. Agreement No. 4600001652, Page 7 of I 1 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2009 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 31, 2009. 8.9 Recipient of funds for a reuse project shall provide a status report by August 31, 2009 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this Project. This amount may be prorated based on the number of years the completed Project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future projects proposed by the Recipient. All other provisions of this Agreement shall terminate on September 30, 2009. Agreement No. 4600001652, Page 8 of 11 8.11 Recipient shall implement a public education program to inionn the public about th,: environmental and other public benefits of the Alternative Water Supply Project and sha011. provide the District with a copy of such public education program on or before August 2009. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 76828, defend, indemnify, save, and hold the District_ its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attornc% ', fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained herein shall constitute a waiver hN the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors. or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in anv capacit, whatsoever, either as third party beneficiary or otherwise. Agreement No. 4600001652, Page 9 of 1 i ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A", Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual Agreement No. 4600001652, Page 10 of 11 relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon 01-1 parties, their respective assigns. and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained 11) sections 373.0831 and 373.1961. Florida Statutes (2004), as amended by Chapter No 2005-291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Date: SFWMD Procurement Approved: .j Bye:_:' I c �[. !< ~` 'x_ Date Frank Hayden, Procurement Director Entity's Legal Name: By Authorized Official: Printed Name: Title: Date: Agreement No. 460000165?, Page 1 I of 1 i EXHIBIT "A" STATEMENT OF WORK Reclaimed Water Distribution System - Phase 1B City of Boynton Beach A. INTRODUCTIONBACKGROUND As the demand on ground water resources continues to increase throughout South Florida, the availability of future raw water supply becomes more questionable. Increased ground water withdrawal allocations to meet future demands are becoming more and more difficult for municipalities to obtain from the South Florida Water Management District (SFWMD), unless alternative programs that offset consumptive use demands are utilized. Implementation of reclaimed water use programs is one of the most effective methods recognized by SFWMD to offset consumptive use demands. In an effort to identify means to achieve reclaimed water use within the City of Boynton Beach (City) service area, in February 2007 the City completed the "City of Boynton Beach Supplemental Phase I Reclaimed Water System Plan". The purpose of the Plan is to identify the pipeline sizing and routing to serve identified users within the Phase I area. The potential Phase I reclaimed water users were identified as follows: • Congress Avenue Park • Crosspointe Elementary School • Bethesda Service Center • Caloosa Park • South Tech • Highpoint Residential • Little League Ball Park • Boynton Beach Cemetery • Forest Park Elementary • Boynton Beach WTP • Snug Harbor • Sterling Village • Pence Park • Boynton Beach Civic Center The City intends to complete construction and place on-line the Phase I reclaimed water system over the next 14 months. Page 1 of 3, Exhibit "A" to Agreement No. 4600001652 B. OBJECTIVES The objective of this project is to implement the first phase (Phase I) of the reclaimed water system within the City of Boynton Beach and to provide up to 0.966 mgd of reclaimed water- use C. SCOPE OF WORK The project consists of construction of the Phase I reclaimed water system in two (2) phases: Phase 1 A and Phase 1 B. Phase 113 reclaimed water distribution system consists O l approximately 2,240 linear feet (LF) of 14 -inch; 4,550 LF of 12 -inch; 1,645 LF of 8 -inch; and 4,182 LF of 6 -inch reclaimed water main and associated valve and meter boxes to serve the Phase 1 B reclaimed water service area. D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates for tasks to be completed in FY09. Due Date: Upon Contract Execution Task 2: Exhibit "C" — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2008 Task 3: Exhibit "C" — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2009 Task 4: Exhibit "C" — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2009 Task 5: Recipient shall construct 2,240 LF of 14 -inch reclaimed water transmission piping and associated valves and appurtenances. Due Date: Upon Completion Task 6: Recipient shall construct 4,550 LF of 12 -inch reclaimed water transmission piping and associated valves and appurtenances. Due Date: Upon Completion Page 2 of 3, Exhibit "A" to Agreement No. 4600001652 Task 7: Recipient shall construct 1,645 LF of 8 -inch reclaimed water distribution piping and associated valves and appurtenances. Due Date: Upon Completion Task 8: Recipient shall construct 4,182 LF of 6 -inch reclaimed water distribution piping and associated valves and appurtenances. Due Date: Upon Completion Task 9: Final Reimbursement Request and Project Summary Report (Exhibit "D"): Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"). Due Date: August 31, 2009 Page 3 of 3, Exhibit "A" to Agreement No. 4600001652 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Reclaimed Water Distribution System - Phase 1 B City of Boynton Beach • The schedule set forth below is based on a one (1) year agreement from October 1, 2008 to September 30, 2009. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted belwN If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" no later than August 31, 2009. • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are � complete per the Statement of Work (SOW) or that the project is complete per the SOW. copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with the SOW. • The District shall only be obligated to pay for documented actual FY2009 construction cost:, within the not -to -exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not -to -exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. In no event shall the District's total obligation exceed the amount specified below for this Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient ill responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $559,900.00. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for an\ subsequent fiscal year, this Agreement shall terminate upon expenditure of the current r 1U1LLllg, notwithstanding other provisions iithis Agrccmcnt t„ tu.o Coriturar," . Page 1 of 2, Exhibit "B" to Agreement No. 4600001652 Construct 4,182 LF of 6 -inch reclaimed water distribution piping 8 and associated valves and appurtenances/ Reimbursement Upon Task Completion N/A $118,800 1 Final Reimbursement Request 9 Package & Project Summary Report Upon Project August 31, 2009 N/A (Exhibit "D") Completion Total District Funding $559,900 Current Fiscal Year Construction Cost $1,399,700 Total Project Construction Cost $3,568,000 ' If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted no later than August 31, 2009. 2 I construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 2 of 2, Exhibit "B" to Agreement No. 4600001652 Electronic submittal of final project Upon Contract 1 bid amount and/or vendor estimates N/A Execution N/A for tasks to be completed in FY09 2 Exhibit "C" — Status Report N/A December 31, 2008 N/A 3 Exhibit "C" — Status Report N/A March 31, 2009 N/A 4 Exhibit "C" — Status Report N/A June 30, 2009 N/A Construct 2,240 LF of 14 -inch reclaimed water transmission piping Upon Task 5 and associated valves and Completion N/A $145,400 appurtenances/Reimbursement Request Package Construct 4,550 LF of 12 -inch reclaimed water transmission piping Upon Task 6 and associated valves and Completion N/A $232,600 appurtenances/Reimbursement Request Package Construct 1,645 LF of 8 -inch reclaimed water distribution piping Upon Task 7 and associated valves and Completion N/A $63,100 appurtenances/Reimbursement Construct 4,182 LF of 6 -inch reclaimed water distribution piping 8 and associated valves and appurtenances/ Reimbursement Upon Task Completion N/A $118,800 1 Final Reimbursement Request 9 Package & Project Summary Report Upon Project August 31, 2009 N/A (Exhibit "D") Completion Total District Funding $559,900 Current Fiscal Year Construction Cost $1,399,700 Total Project Construction Cost $3,568,000 ' If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted no later than August 31, 2009. 2 I construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 2 of 2, Exhibit "B" to Agreement No. 4600001652 Exhibit "C" Alternative Water Supply Program Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District project manager, Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report - Quarter Name of Person Completing Form Contract Number Entity Name: Project Title: ❑ 1 ❑ 2 ❑ 3 Date: Proposal Number 1. Provide a brief description of project status. 2. What is the overall status of your project (check one)? On Schedule _Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information - Page 1 of 2, Exhibit "C" to Agreement No. 4600001652 Date Amount Bid Document Final Contract (with Vendor) Total Expended to Date Change Order(s) Page 1 of 2, Exhibit "C" to Agreement No. 4600001652 Exhib,L "C" Alternative Water Supply Program Status Report 4. Construction Deliverables Status — provide the following information for each deliverable listed in Exhibit "B" of the contract: TaskIs the Task Estimated Exhibit "B" Deliverables Complete? Finish Task Status and Comments No. YIN Date* _I A Note inai an tasKs nave tv Ue UU1IIPiMeu aiiu nivuwGu uy nUVUaL Page 2 of 2, Exhibit "C" to Agreement No. 4600001652 Project Title SFWMD Contract Number Describe Project constructed: Exhibit "D" FY2009 Alternative Water Supply Final Project Summary Report Entity Project Manager Entity Project Owner Quantity of Water Made Available Type of Alternative Water (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish --- _ --L-- Total L Total Construction Cost — This Phase District funding this phase Local funds Other funding source From $ Actual (this TOTAL - ----- — Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2008 and August 31, 2009. To the best of my knowledge, the above information is correct Chief Financial Officer Project Manager Page 1 of 1, Exhibit "D" to Agreement No. 4600001652 EXHIBIT "E" FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followin : Federal CFDA State Program Federal Agency Number CFDA Title Funding Amount Appropriation Number Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pro rams: Federal CFDA Program Federal Agency Number Number State CFDA Title Funding Amount Appropriation Category State Fiscal Year Number CSFA Title Or Funding Source Description Funding Amount State Appropriation Category 2009 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: Federal Program Number Federal Agency State Fiscal Year Number CSFA Title Or Funding Source Description Funding Amount State Appropriation Category 2009 37.066 Water Protection & Sustainablility Program $323,450 Total Award For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://[2.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.fl.us/fsaa/catalog]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Page I of 1, Exhibit "E" to Agreement No. 4600001652 0 w n 6—J to RECOMMENDATION: Staff recommends that the City Commission adopt a resolution approving the 2008/2009 Recreation and Parks Strategic Plan Update. EXPLANATION: In April 2006, the City Commission adopted the Recreation and Parks Strategic Plan which is the "road map" for the planning and development of parks and recreation facilities for the next ten years. The plan was updated and approved by the Commission in 2007. The Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the Recreation and Park System Map and the City's Comprehensive Plan, and recommends strategies and actions for meeting those needs. The Plan identifies the actions necessary to implement the plan in order to satisfy the expectations of the community. The plan is updated annually and presented to the Commission for adoption. Changes are black lined or indicated in red. This plan does not include any new programs or projects that have a fiscal impact. The major changes are: • Update of development and upgrades of parks and facilities completed in the past year (i.e. replacement of playground equipment and park furniture, new fencing, completion of Wilson, Intracoastal and Jaycee Parks). • Inclusion of recreation facilities (the previous Strategic Plans did not include the recreation facilities such as the Senior Center, Art Center, Civic Center, Sims Center, Intracoastal Clubhouse, Tennis Center or Ezell Hester Center). • Departmental reorganization due to the closure of City Hall in the Mall and the Madsen Center, elimination of the Recreation Manager and Tennis Professional positions, and opening of the John Denson Pool. • Inclusion of the Maintenance Management Plan, Programming Plan, Marketing Plan and Community Relations Plan. These are internal plans that are currently in place and that are being adding to the Strategic Plan. There is no fiscal impact. PROGRAM IMPACT: The Recreation and Parks Department is nationally accredited through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). The accreditation standards state "an agency should have a strategic plan approved by the board, stating how the agency will achieve its mission, goals and objectives." The Plan includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities, and instituting continuous improvement processes. S IBULLETIMFORWAGENDA ITEM REQUEST FORM.DOC VI. -CONSENT AGENDA ' ITEM C.2 CITY OF BOYNTON BEACH ' AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) X January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM X Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing [] RECOMMENDATION: Staff recommends that the City Commission adopt a resolution approving the 2008/2009 Recreation and Parks Strategic Plan Update. EXPLANATION: In April 2006, the City Commission adopted the Recreation and Parks Strategic Plan which is the "road map" for the planning and development of parks and recreation facilities for the next ten years. The plan was updated and approved by the Commission in 2007. The Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the Recreation and Park System Map and the City's Comprehensive Plan, and recommends strategies and actions for meeting those needs. The Plan identifies the actions necessary to implement the plan in order to satisfy the expectations of the community. The plan is updated annually and presented to the Commission for adoption. Changes are black lined or indicated in red. This plan does not include any new programs or projects that have a fiscal impact. The major changes are: • Update of development and upgrades of parks and facilities completed in the past year (i.e. replacement of playground equipment and park furniture, new fencing, completion of Wilson, Intracoastal and Jaycee Parks). • Inclusion of recreation facilities (the previous Strategic Plans did not include the recreation facilities such as the Senior Center, Art Center, Civic Center, Sims Center, Intracoastal Clubhouse, Tennis Center or Ezell Hester Center). • Departmental reorganization due to the closure of City Hall in the Mall and the Madsen Center, elimination of the Recreation Manager and Tennis Professional positions, and opening of the John Denson Pool. • Inclusion of the Maintenance Management Plan, Programming Plan, Marketing Plan and Community Relations Plan. These are internal plans that are currently in place and that are being adding to the Strategic Plan. There is no fiscal impact. PROGRAM IMPACT: The Recreation and Parks Department is nationally accredited through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). The accreditation standards state "an agency should have a strategic plan approved by the board, stating how the agency will achieve its mission, goals and objectives." The Plan includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities, and instituting continuous improvement processes. S IBULLETIMFORWAGENDA ITEM REQUEST FORM.DOC IgoCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The Plan does not propose any new projects or programs that would have any additional fiscal impact on the City (other than the CIP). The first five years of the funding plan for park development is consistent with the City's Capital Improvement Program (CIP). Depending on future funding through the general fund, the Boynton Beach Community Foundation, grants and other funding mechanisms, future parks will be developed as the opportunity arises. The Strategic Plan currently does not identify when the sites will be developed. That will be determined based on identification of need in the Parks and Recreation System Needs Assessment, future trends, community needs and funding. ALTERNATIVES: Not to adopt the Plan Update. Department Head's Signature Recreation and Parks Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 ity Manager's Signature Assistant to City Manager City Attorney % Finance 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 RESOLUTION R09 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE RECREATION AND PARKS DEPARTMENT STRATEGIC PLAN UPDATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in April, 2006, the City Commission adopted a strategic plan that will act as a "road map" for the planning and development of parks and recreation facilities for the I next ten (10) years; and WHEREAS, this Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan, as well as recommending I strategies and actions for meeting those needs; and WHEREAS, the plan is updated annually and presented to the City Commission for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the Recreation and Parks Department Strategic Plan Update, a copy of the is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. SACA\RESOWgreementsTarks- Strategic Plan 060308.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 PASSED AND ADOPTED this day of.lanuary. 2009. ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) 15 \C A\RESo\,Agreement0arks- Strategic Plan 060308 doc .r 'r CITY OF BOYNTON BEACH. FLORIDA Mayor — Jerry Taylor Vice Mayor -- .lose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross " r�. 0 . r---4 4-') LV U W City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida Recreation , 19 We Make Life fun!! Boynton Beach Recreation and Pants Department Boynton Beach Recreation and Parks Strategic Master Plan Table �� m� ��Contents 1. INTRODUCTION ..,..........,................,..........................,........,............,,..,..........,. 1 City ofBoynton Beach Recreation and Parks Department A. Overview ......................................................................................................................... l B. Motbodol`g»--------------------------------------2 C. Purpose ofPlan ............................................................................................................... 4 KU INVENTORY AND ANALYSIS~,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,.,,,..,,..,~..,,~,,,..,~.......... 4 A. Parks Classifications -------.----------------------..----..4 B. Inventory -------------------------------------...--.7 C. Analysis ----.-------------------------.-----------9 III. VI ,,,,,,,,_,,,,,,,,,,,,,,,,,,,,~~,,,,^,~,,,,,,,,,,,,,,,,.,,~...,..,...................~..,,...,,...,...,,... 17 IV, PARK STANDARDS,,,,,_,,~, ~,,,,,^,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,~,,,,,,,,, 19 A. Overview ....................................................................................................................... l9 B. Description ofStandards ................................................................................................ \g C. Needs Assessment ......................................................................................................... lA D. Level nfStandards ......................................................................................................... 20 V. MASTER PLAN ......,,....,...,...................~...,.,.,.,,.,,,.,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 21 A. Conceptual Parks and Recreation System Map --------------------..2l B. Future Park Improvements -------------------------------22 VITHE IM,,,~,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,, 32 A. Capital Improvements Plan ............................................................................................ 32 B. Funding Sources ............................................................................................................ 32 CComprehensive Plan ......................................................................................................35 D. Management andi Recommendations ...................................................... 38 VII. EVALUATION ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,~,,,~,,,,,,, 44 3u4-1- ^^^^^^^^^^^^^^`^^^^~^^^^^`^`^^^^^^^^^^`^^^`^^^^`^^^^^^^^^^^^^^^^^^^^^^^^^~^^^~^^`^^^^ 44 3oI141- PROGRAMMING PLAN ^~^`^`^^^^^^```^^```^^^^^^^^^^^~^^^^^^^~^^^^^^^^^^^~^^^^`^^^`^^^^`^^^^^^^^—^ 44 IX- PROFESSIONAL DEVELOPMENT PLAN ...,~..,,...,....,.~~..,,............,........,. 44 X� EVALUATION ..,,..,,..............~. ~......~...,............~...,~..,~.,,..,.,...,...,,..,,,..,,..,,... 44 XL- ,...,.,...........,...~........,........,....,...,...,,...~... 44 X4-1-' REVENUE PLAN ..~......,....,........,,...,..,......,................,~..,,,.,,...,....,~.....,....,~.,, 44 X111- NEEDS ASSESSMENT .............,........,...,.....~.,...,,.......,....,.....~..,~,.~.......,...,... 44 XIV.� TEC14NOLOGV PLAN .....,....~..,~......~...~....~.,,..,,...,............~...~..,,...,...~...... 44 XV- ,...,...........~..,.~..,....~~......,....,..,,~ 44 APPENDICES.............................................................................................................. 44 A. Marketing Plan Q. Programming Plan C. Community Relations Plan D. Maintenance Management Plan E. Staff Cnnoco|i000 E Comprehensive Plan G. Capital lopnnvcmcot Plan B. Needs Assessment Summary ofFindings City ofBoynton Beach Recreation and Parks Department Acknowledgements City Commission Mayor Jerry Taylor Vice Mayor Jose Rodriguez Commissioner Woodrow Hay Commissioner Marlene Ross Commissioner Ron Weiland Recreation and Parks Advisory Board Elizabeth (Betty) Pierce -Roe, Chair William Orlove, Vice -Chair John (Jay) Allard Robert Lapin John McVey Janelle Sloane City Staff Kurt Bressner, City Manager Lori LaVerriere, Assistant City Manager Wally Majors, Director of Recreation and Parks Jody Rivers, Parks Superintendent Virginia Shea, Senior Recreation Manager Mary DeGraffenreidt, Senior Recreation Manager Tom Balfe, Parks Manager Sherri Claude, Assistant to the Director .90 City of Boynton Beach Recreation and Parks Department Strategic Master Plan I. INTRODUCTION A. Overview Throughout time, parks and open spaces have provided a unifying community structure and an aesthetic identity to our urban environments as well as providing recreational opportunities. While it is difficult to place a precise value on our parks and open space systems, it is clear to all that they provide a variety of benefits that contribute to the "liveability" of our cities, such as: • Accommodate recreational activities, • Attract recreation enthusiasts, • Increase property values, • Provide public access to natural recreation areas and significant sites, • Provide and enhance animal and plant habitats, • Conserve, preserve and protect historic character, • Contribute to the city's identity and marketability, • Enhance aesthetic quality, and • Contribute to clean air and water. Parks and recreation opportunities contribute to the health of residents, provide a variety of recreational and educational activities for all ages, and preserve and enhance the quality and integrity of the natural environment. Parks and recreational opportunities are also significant in attracting visitors to the community and, thus, contribute to local tourism and economic development. When a community has a comprehensive and interrelated system of parks and recreation opportunities that responds to the needs and values of local residents, the residents support their local governments, become involved in their community activities, and reap the benefits of a "quality -of -life" community. Over the past year, the importance of recreation and parks has been even more compelling with the "It Starts in Parks" (ISIP) program initiated by the Florida Recreation and Parks Association and incorporated into the National Recreation and Parks marketing plan. The ISIP campaign is intended to better position parks and recreation in the future to be recognized and supported for the benefits and services provided by the profession. The eight (8) messages of the ISIP campaign are: • Personal Achievement • Sense of Community • Conservation of our natural resources • Economic development • Good health • Ties to our heritage • Respect for nature • Florida's future This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan and recommends strategies and actions for meeting those needs. The Master Plan identifies the actions necessary to implement the plan in order to satisfy the expectations of the community. It includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land City ofBoynton Beach Recreation and Parks Department Strategic Master Plan acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. This plan will enable the city to make the necessary changes that will help sustain an attractive and livable city. The City of Boynton Beach Recreation and Park staff prepared this Master Plan to serve as the strategic planning tool for making parks, open space, facility and recreational program decisions over the next decade. The Master Plan includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. Through these processes, the department will constantly and consistently review community input and proactively make the necessary changes that will help create an attractive and livable city. The City of Boynton Beach is experiencing a slow down in growth and development. Expectations and demands for expansion and protection of park lands and open spaces are paramount to the protection of recreational lands for the future. The anticipation of these changes has led to the research and design of this Master Plan in the hopes that every one of the demands are met, and that the City of Boynton Beach will continue to find itself among the best communities in the country. The City of Boynton Beach is growing and becoming more diverse in its redevelopment. In Boynton Beach, parks and recreation services continue to be an integral part of establishing and sustaining a higher quality of life while highlighting an image and character that is unique to Boynton Beach. To this end, parks and recreation services can affect the city by their ability to: • Provide social benefits by connecting people within the community regardless of income, background and ability. • Provide economic benefits by improving the quality of life in the community and helping to attract businesses and residents to the city. • Provide protection of the environment by establishing greenways, natural areas and open spaces managed by the city. • Provide benefits to individuals and the community by promoting physical fitness and self- improvement. The process used to shape this Master Plan included the following tasks: • Evaluating current services and operations of the Recreation and Parks Department. • Evaluating current and future needs for parks, recreation services, recreation facilities, open space and trails. • Creating equity access maps to visualize and determine gaps of services. • Developing recommendations and an implementation plan for the future that will provide the greatest benefits to the residents. B. Methodology In 2001, the City of Boynton Beach Recreation and Parks Department commissioned a Needs Assessment, which was prepared by Management Learning Laboratories. The purpose of the assessment was to determine recreation interests, facility usage, and opinion of recreation as City of Boynton Beach Recreation and Parks Department Strategic Master Plan 2 related to the Boynton Beach system of parks and facilities. After review of the information that resulted from the study, it was determined that a master plan of the park system should be developed that would steer the direction of the acquisition and development of parks and facilities into the future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher, Inc. was hired to solicit public input regarding the city's parks, recreation facilities and programs and to prepare the Conceptual Parks and Recreation System Map and make changes to the City's Comprehensive Plan that will allow the recommendations in the System Map to occur. Through a series of meetings with city staff, board members from the Senior Advisory and the Recreation and Parks Boards, and the general public, a system -wide map was developed that indicated existing parks and proposed parks, recreation facilities, greenways, bikeways and open space. Interviews were held with the City Commission, City Manager, Interim Director of Human Resources, the Planning Team and staff to determine the strengths and weaknesses of the department. Complete summaries of these interviews are included in the Appendix of this report. In summary, the participants were asked four (4) questions regarding the "ideal" park system, issues that need to be addressed, funding mechanisms and partnerships. In general, it was felt by most of the participants that the department has a motivated and dedicated staff, the parks inventory needed to be analyzed, departmental organization needed to be analyzed, funding sources need to be identified and partnerships with schools and private developers should be addressed. Using this information, the Recreation and Parks staff analyzed the current and future needs for additional staff and operating resources. Park standards, or Levels of Service, for park land and facilities were determined. Potential funding sources were identified. The Department received accreditation by the Commission on Accreditation of Park and Recreation Agencies (CAPRA) in October 2006. As a result of the accreditation application process, the Department began moving toward a more analytical approach in determining what programs to offer. This led to the development of a Recreation Programming Plan which outlines a philosophical approach to programming. This plan helps the department determine who it is serving and why and helps set the direction for future planning. Over the past few years, a change in clients has been recognized. There is a greater demand for more senior and child age programs and less for adults. Participation in athletic programs has decreased. This may be because adults are using private recreation opportunities rather than public; however, the City offers high quality, less expensive options. Analysis of trends and needs is an ongoing task so that the Department is assured of meeting the needs of its constituents. In 2008, Recreation and Park staff updated the Strategic Plan to show projects that have been completed since the adoption of the 2007 plan and to match the 2008-2012 Capital Improvements Plan (CIP) as adopted by the City Commission. A telephone survey will be conducted in 2008 to determine the recreational and facility needs of the public. The study will allow the department to analyze its current offerings and determine if changes are warranted. It will also assist staff in prioritizing recreation programs and facility needs. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 3 C. Purpose of Plan The Master Plan has been prepared to address the following key goals: • Assess current needs for recreation and park facilities for the citizens of Boynton Beach. • Assess the future needs for recreation and park facilities for the citizens of Boynton Beach. • Prepare a long range, phased plan for the provision of current and future park needs. • Preservation of important natural and cultural facilities. • Provide a system of connected greenways and trails for the city. • Provide an effective Parks and Recreation services delivery system for the citizens. • Effective management/administrative/departmental structure; o Effective maintenance system; o Land Development Regulations to provide for future park needs; o Appropriate funding program for future capital improvements; o Creation of appropriate multi -jurisdictional partnerships for the provision of parks and open space services. II. INVENTORY AND ANALYSIS A. Parks Classifications The Recreation and Parks Department, through the Strategic Planning process, has developed different park classifications. Urban Open/Civic Space Urban parks will provide civic open space in the downtown area for the enjoyment of all the residents of the City as well as visitors to Boynton Beach. They serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach. These parks will serve as urban oases amongst the bustle of downtown activity. Urban parks should be located according to traditional town planning principles and good urban design. The parks will be of two types: (1.) downtown plazas, and (2.) waterfront parks. Additional urban pocket parks will be added to complement the historic urban framework. All of the urban parks should be tied together with a network of streetscaped pedestrian walkways and urban trails. The waterfront park system will build upon and enhance the waterfront park network in the downtown. The waterfront park system will create a connected system of urban park amenities along the waterfront and provide direct access to the activities of the downtown. The park facilities and programs of the park spaces should complement the objectives of the Community Redevelopment Agency. The urban park experience should embrace the spirit of Boynton Beach as a quality -of -life destination with a quaint traditional hometown feel. City or Boynton Beach Recreation and Parks Department Strategic Master Plan 4 Community Parks Community parks are typically the largest active parks in the City and serve the largest population base. They are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area for a community park in Boynton Beach should be one (1) mile. Community parks should be serviced by arterial and collector streets and be easily accessible throughout the service area by way of interconnecting trails. While community parks should be strategically located through the community, their locations can be significantly impacted by other types of parks, most notably regional or county parks, which can contain some of the same recreational opportunities provided in community parks. The optimal size of a community park should be based on the land area needed to accommodate the desired uses. Special Use Parks Special use parks are those parks with unique, specialized amenities that cater to a select group of users. In Boynton Beach, special use parks include the cemeteries, the Little League Park and Kids Kingdom. Efforts should be made to include future special uses in neighborhood and community parks rather than segregate them into separate areas. Neighborhood Parks Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. They should be developed for both active and passive activities geared specifically for those living within the neighborhood service area. These parks should accommodate a wide variety of age and user groups, including children, adults, seniors, family groups, and special populations. Creating a sense of place in each park by bringing together the unique character of each site with the social character of the neighborhood will be vital to creating a successful design. Neighborhood parks should be centrally located within each service area, which should encompass a '/z mile distance, and if possible, uninterrupted by non-residential streets or other physical barriers. Each site should be accessible from throughout its service area by way of interconnecting trails, sidewalks or low-volume streets. Ease of access and walking distance are critical factors in locating a neighborhood park. A person's willingness to use a neighborhood park is greatly reduced if they perceive it to be difficult to access or not within a reasonable walking distance. Ease of access, central location and linkage to greenways are the key concerns when selecting a site. The site itself should exhibit the physical characteristics appropriate for both active and passive recreational uses. Since one of the primary reasons people go to a park is to experience a pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left- over" parcels of land that are undesirable for development are generally undesirable for neighborhood parks as well and should be avoided. Additionally, it is more cost effective to select a site with inherent aesthetic qualities, rather than trying to create them through Citv of Boynton Beach Recreation and Parks Department Strategic Master Plan 5 extensive site development. Given the importance of location, neighborhood parks should be selected before a subdivision is platted and acquired as part of the development process. It is recommended that 5 acres be the generally accepted minimum size necessary to provide space for a menu of activities. The site should have well -drainage and suitable soils and level topography. Ideally, it should be connected to other park system components such as natural areas, lakes, ponds, and greenways. Land within a flood plain should only be considered if the facilities are constructed above the appropriate flood elevation. Although a park size of 5 acres is recommended, the actual size should be based on the land area needed to accommodate the desired uses. Since each neighborhood is unique, input from neighborhood residents should be used to determine the development program for the park. The guidelines presented here should be used as a framework to guide program development and ensure consistency with other park system components. They should not be used as an impediment to creative design possibilities. Development of a neighborhood park should seek to achieve a balance between active and passive uses. Active recreational facilities are intended to be used in an informal and unstructured manner. Neighborhood parks are not intended to be used for programmed activities that result in overuse, noise, parking problems and congestion. Neighborhood parks should be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. Conservation Lands The function of an Open Space Park or Greenbelt is to provide space where people can engage in passive and active recreation, provide preservation and conservation of environmentally sensitive areas and habitat for wildlife, and to serve as corridors to effectively link park system components together to form a continuous park environment. These parks should be located in areas of significant natural resources, aesthetic landscapes, and open space. There are no specific standards for how much conservation land a community should have. Instead, it is dependent on the number and quality of natural and historical resources in the area, the public desire to preserve these valuable sites, and the willingness of the citizens to provide funds for their preservation. Water and Beach Access Parks These parks offer opportunities for access to and interaction with the Intracoastal Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches, fishing areas, observation boardwalks, day docks, boat launching ramps, volleyball courts, picnic areas, restrooms and parking. Generally each park has its own unique features that are defined by the relationship with the water. Neighborhood and community input through the public input process should be the primary determinant of development of any park. The guidelines posted in this document City of Boynton Beach Recreation and Parks Department Strategic Master Plan should be used as a framework to guide program development and ensure consistency with the other park system components. They should not be used as an impediment to creative and unique design concepts. Recreation Facilities The City has seven (7) recreation centers and a community pool, each offering various and diverse programs and classes for people of all ages. Most centers are open Monday through Saturday from morning through the evening. Certain facilities can be rented for weddings, family reunions, etc. B. Inventory 1. Park Land a. Existing Park System The current park system is made up of 32 parks, cemeteries and open spaces in the following categories: Urban Open/Civic Space Acres Neighborhood Parks Acres Bicentennial Park 0.60 Boynton Lakes Park 8.6 Edward Harmening Arbor 0.46 Civic Center 0.8 Heritage Park 0.24 Forest Hills Park 4.8 Hibiscus Park 0.83 Galaxy Park 3.7 Kiwanis/Sierra Club Park 0.19 Laurel Hill Park 1.26 Veterans' Park 0.3 Meadows Park 7.2 TOTAL 2.60 Knollwood Park 3.3 Pence Park 2.9 Community Parks Acres Pioneer Canal Park 3.2 Congress Avenue Park 24.3 Rolling Gfeen Sehool 54 Ezell Hester Park 23.7 Betty Thomas 2.3 Wilson Park 5.44 TOTAL 42:55 38.06 TOTAL 53.44 Conservation Lands Acres Special Use Parks Acres Seacrest Scrub * 53.7 Barton Mem. Park/Cemetery 6.4 Rolling Green Scrub ** 8.0 Boynton Beach Memorial Cemetery 12.41 Rosemary Scrub * 13.4 Little League 12.8 TOTAL 67.10 Kids Kingdom 0.44 Sara Sims Park/Cemetery 6.95 Water/Beach Access Acres TOTAL 39.00 Boat Club Park 7.9 Intracoastal Park 9.4 Greenways/Bikeways Acres Jaycee Park 5.5 Palmetto Green 2.16 Mangrove Park 10.72 TOTAL 2.16 Oceanfront Park 10.7 TOTAL 44.22 * Owned by Palm Beach County. ** Rolling Green acreage including in total acreage for Ezell Hester Park Citv of Boynton Beach Recreation and Parks Department Strategic Master Plan 7 This is a citywide total acreage of 2c� 238.58 acres of park, cemetery and open space lands. b. Future Park Sites The following areas are potential future park sites: Site Acres FP&L 7.14 Girl Scout 7.58 Nichols Road 14.74 Nautica Sound/Meadows I 9.8 Quantum 17.39 Winchester 5.0 Woolbright Place 3.62 TOTAL 64.55 Thus, there is a potential for 315.62 310.32 acres of park, cemetery and open space lands in the City. 2. Facilities a. Existing Recreation Facilities • Art Center o Community Center with Class Rooms • Boat Club Park o Meeting Room o Play Equipment • City Hall i the Mall o Offiee e. aee • Carolyn Sims Center o Event Room o Multipurpose Room o Game Room o Classroom o Kitchen o Playground • Civic Center o Community Center with Class Rooms o Auditorium • Congress Avenue Community Park o Har -Tru Tennis Courts (17) 0 4 14a f Suf! f ee Composite Tennis Courts o Pro Shop o Locker Rooms/Showers • Ezell Hester Park City of Boynton Beach Recreation and Parks Department Strategic Master Plan $ o Community Center with Activity and Meeting Rooms and Gymnasium o Baseball/Softball Field o Basketball Courts (3) o New and Improved Play Equipment o Pavilion o Racquetball Court (4) o Tennis Court (2) o Nature Preserve • Intracoastal Park Clubhouse o Classrooms o Event Room o Catering Kitchens • John H. Denson Pool o Play Features o Water Slides o Dressing Rooms o Showers • Madsen Center e on} o Shuffleboard Courts (16) • Senior Center o Community Center o Meeting Rooms o Exercise Room o Kitchen o Computer Room o Arts & Crafts Room o Game Room C. Analysis 1. Park Land and Facilities a. Existing Parks and Facilities City of Boynton Beach Recreation and Parks Department Strategic Master Plan 9 Urban Open/Civic Space o Bicentennial Park is a passive park on Federal Highway. The park has little to attract visitors; however, it will be greatly impacted by the downtown redevelopment and will become a critical part of the urban open space of the town center. A memorial to the Veterans was installed in June 2008. Completion of the park was November 2008. o Edward F. Harmening Arbor Park is a small passive park located adjacent to the East Water Treatment Plant. It has several species of flowing trees. Its location and lack of parking create an isolated park area with very little visitation. o Heritage Park located on Seacrest Boulevard, is a popular gathering space for neighborhood residents. There is a monument dedicated to Boynton Beach African Americans. The monument is frequently vandalized. Reeent Bbeautification efforts include the removal of the planters and installation of 35 palms. o Hibiscus Park is a small park located in the Lake Boynton Estates neighborhood. The playground equipment i se-heduled for fvplacement in FY 2007/08. was replaced in March 2008. o Kiwanis/Sierra Club Park is located on Northeast 22nd Avenue and is simply a grassy area. o Veterans Park is located in the downtown core of the City. At present, it is a passive park with large ficus trees. In the future, the park will become precious green space in the urban downtown center. • Neighborhood Parks o Boynton Lakes Park is located in the Boynton Lakes neighborhood and contains a playground, a walking trail and a large open grassy area. The play equipment and park furniture was replaced in 2005. 0 Southeast Aleighbor-hood Park is in the preeess of being developed. his seheduledfor-eempletien in 2007 a Betty Thomas Park was completed in 2007 and includes a picnic pavilion, two tennis courts, picnic areas, walking trail, landscaping and a small parking lot. The park is named after Betty Thomas, long term Recreation and Parks Advisory Board Member, member of the Senior Center Board and school principal in Boynton Beach. o Civic Center Park is located on Ocean Avenue and has new play equipment and a maze made from shrubs. o Forest Hill Park is located in the Forest Hill neighborhood and is bordered on the west side by a sound barrier wall on I-95. This park was built in 1972 and was showing signs of aging. The park furniture and play equipment was replaced City of Boynton Beach Recreation and Parks Department Strategic Master Plan 10 in 2006, as was the fence in the front. e, Galaxy Park is one of the oldest parks in the system and is well used. The restroom was renovated in 2005. The fencing around the baseball fields was replaced in 2006. The playground equipment needs te-efeplaEedin 2906/07—.was replaced in 2007. e Laurel Hills Park, located in the Laurel Hills neighborhood, contains play equipment, a basketball court and an open grassed area. The park was built in 1972 and is in need of renovation. Replacement of the play equipment and park furnishings was completed in 2006. A double rail fence is scheduled f instal ati was installed in 2007. New park entry signage was installed in 2008. o Meadows Park is an extremely popular park used by city residents and school groups. While the park was built in 1994, the heavy use has created bare areas around the pavilions and courts. The playground equipment and park furniture were replaced in 2006. Because of the heavy use and enjoyment by park users, this park will require consistent maintenance and upgrades. e, Pence Park is the oldest park in the system. Neighborhood residents heavily use the basketball courts. The fence around the baseball field was replaced in 2005. The restrooms were renovated in recent years. The playground equipment is sehedu e f r epla enient in 2006/07. was installed in March 2008. Conversion of the softball field to a multipurpose field is scheduled for 2009. a Pioneer Canal Park has the only freshwater boat ramp in the park system, which is widely used. The ramp was seheduled f r e »tion i 2004/05 but is n hold pend-ing __e....====b of u vua=u= u=vusu=g pfejeet by the South Fier-ida Watef! na,,,,.,goment District. The tennis courts are also heavily used. The park was not master planned and use of the property is not effective. Thispark needs to be eempletelyret ted—The installation of a double rail fence, renovation of the restrooms and resurfacing of the basketball and tennis courts is sehedu} a fef 20077 was completed in 2007 and 2008. Replacement of the play equipment was completed in 2008. City of Boynton Beach Recreation and Parks Department Strategic Master Plan ] 1 • Special Use Parks o Barton Memorial Park is a cemetery that contains early African American resident gravesites dating back to the early 1900's. It is currently closed for burials. o Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach. There are several hundred gravesites remaining and the property was replatted to identify over 300 more sites. The trees were heavily damaged by the 2004 hurricanes and were replaced in 2005/06. o Kids Kingdom Playground is a "Leathers" designed wooden and concrete play structure that is an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996 and is beginning to show signs of wear. The structure must be inspected regularly for splinters and damage. Funds are included in the Capital Improvements Plan (CIP) for annual maintenance. o Little League Park contains four (4) baseball fields that are used primarily by the Boynton Beach Little League organization. un4eane--Wma—caused—senside>Zablz damage to the fields and the-eeneession building. Eyar-eme Makeover rebuilt Field 2 and peAien of Field –andthe eanee'ssien building. The City rebuilt It Field 1 and fepla oa the iiSut.1. Gonsidefation should be given aeeessibility eedes. The maintenance of the ball fields and areas adjacent to the ball fields has been turned over the East Boynton Beach Little League. o Sara Sims Park and Cemetery is an older park that requires constant maintenance due to vandalism. This park is in the CRA district. • Water Beach Access o Boat Club Park is located between Federal Highway and the Intracoastal Park and provides boat access to the Intracoastal Waterway and Atlantic Ocean. This park is heavily used by both boaters and park users. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated in 2004. Playground equipment is scheduled for replacement in 2008/09. The restrooms are scheduled for renovation in FY 200-78. The canal will be was dredged in November- February 2008. Additionally, Palm Beach County is providing funding for a new or renovated restroom, new picnic pavilions and improvements to the boardwalk. e Intracoastal Park, the newest park in the system, is located between Federal Highway and the Intracoastal Waterway. It is an extremely popular site that contains picnic shelters and a large, handicapped accessible play structure. A City of Boynton Beach Recreation and Parks Department Strategic Master Plan 12 ehibhouse is under eenstfuetion- and is expeeted to -be eampleted in Oetober 2007 A two story, 7,200 square foot clubhouse was completed in October 2007 and is available for rent for meetings, weddings, recreation programs and activities, etc. a Jaycee Park is a 5 -acre park located between Federal Highway and the Intracoastal Waterway. Cuffently,tee ism bo Ere ball eeuft and a few pienie tables; however-, the park— is se-hedulea��development 2200 The park construction was completed in February 2008 and includes a walking path, three pavilions, a restroom, two (2) bocce ball courts, play areas for ages 2 to 12, picnic areas, landscaping and a small parking lot. o Knollwood Park is a 3.0 acre park located at Lawrence Road and Meadows Drive. The newest park in the system, Knollwood was built by D. R. Horton Developers as a public/private partnership. In exchange from fill removed from the park site and used for development, the developer paid for the construction of the park. Park amenities include a pond with well planted littoral zones, a walking path, a gazebo and a small parking area. o Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves is an unpreventable problem. e Oceanfront Park is the City's only beach access. It is heavily used, primarily by residents of Boynton Beach and Ocean Ridge. The boardwalk was scheduled for replacement in 2004; however, the cost of the replacement exceeded the budget. It is now scheduled for replacement in 2008/09. 2007/08. ^ design firm will be hif!ed in 2006/0 to begin eenstfue4ion df i _ • Greenway/Bikeways o Palmetto Green Linear Park is located on the south side of the SFWMD C-16 canal. The pathway turns into several overlooks that could serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. • Conservation Lands o Rolling Green Scrub is actually 5 different scrub sites located in and around Ezell Hester Park. o Rosemary Scrub is owned by Palm Beach County and is maintained in conjunction with the Boynton Beach Recreation and Parks Department. The scrub is open to the public. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 13 o Seacrest Scrub is also owned by Palm Beach County, maintained in conjunction with the Boynton Beach Recreation and Parks Department and open to the public. • Community Parks e Congress Avenue Community Park is home to the city's tennis complex. The fencing and lights on several of the courts were replaced in summer of 2005. A Master Plan was done for future park development that includes a barrier -free park. ^ fund i ^_ paign will eandueted to faise the money neeessar-y to build the p There- is sleep -ate —well --installed- y the—Unities r,epar-t., epA on the southwest side of the p.,,L. The 2008/09 CIP includes $2.5M for construction of Phase I which will include several play areas, trails, a picnic pavilion, restrooms, and seating areas that will be completely barrier free. Construction is expected to begin in early 2009. o Ezell Hester Park is one of the largest parks in the system and the athletic facilities are heavily used. The sand volleyball courts were replaced with a large play structure in 2005/06. The park also includes basketball courts, raquetball courts, tennis courts, a baseball field, walking trail and picnic pavilions. o Wilson Park was completed in February 2008. The park includes the Carolyn Sims Center, a two-story, 14,000 square foot recreation center that houses a game room, class rooms, multipurpose event room, catering kitchens and offices. Site amenities include two basketball courts, two play areas, picnic shelters, and multipurpose field. The John H. Denson Pool, a newly constructed pool includes a triple water slide, water features, lanes for swimming, and dressing rooms. • Recreation Facilities o Art Center was built in 1992 and includes 3 classrooms, a pottery/kiln room and offices. Currently the building operates at capacity and offers classes in arts and crafts, teen and adult fine art, pottery, painting, afternoon recreation, summer camp, specialty camps, pre-school programs and classes. o Boat Club Clubhouse is a 2,500 square foot building that offers painting and bridge programs. It is used by community groups and neighborhood associations for meetings and is also used as a rental facility. o Carolyn Sims Center, a 14,000 square foot two-story building, was completed in February 2008. It includes a multipurpose room, catering kitchens, game room, classroom, meeting room and offices. Programming includes pre-school, afterschool, teen recreation, sports City of BQvnton Beach Recreation and Parks Department Strategic Master Plan 14 clinic, social groups, summer camp, specialty camps and the Youth Violence Prevention Program. o Civic Center opened in 1962. It includes a 3,800 square foot auditorium with stage, classroom, dance studio, kitchen, lobby and offices. Programming opportunities include youth and adult dance, summer camp, pre-school programs, Jazzercise, language classes, piano and keyboard classes, bridge, music concerts and Outlook Club for the sight impaired. Recent improvements include refinishing of the stage floor, a new sound system, new stage drapes, painting and a chair rail. o Ezell Hester, Jr. Center was constructed in 1992 and renovated in 1999. The center includes men's and women's locker rooms, lobby, tot room, meeting room, computer lab, game room, weight room, gymnasium, kitchen, and offices. Programs include sports teams, tournaments, cheerleading, gymnastics, after school recreation, summer camp, specialty camps, pre-school programs, fitness programs, sports clinics and special events. o John H. Denson Pool was completed in February 2008 and includes a triple water slide, "tumble buckets" water play features, teaching area, deck chairs, large umbrellas and men's and women's dressing rooms. Programs include junior lifeguard training, water fitness, adult swim classes and youth swimming lessons. o Senior Center was purchased in 1998 and has undergone a series of three renovations. It includes a cafeteria/activity room, lobby/coffee area, computer lab, multipurpose room, a stage, fitness room, classroom, conference room, arts room, game room, kitchen and offices. Programming includes computer classes, card games, dances, live music, association and group meetings, health screenings, music lessons, lunch program, driving classes, group outings, safety courses and various special events. Local groups that provide a variety of services that include AARP, R.S.V.P, Delray Medical Center, Aker Kasten Community Outreach Program, Shopper Hopper transportation service, Mental Health Association of PBC and Mae Volen. Recent improvements made possible by a grant from the Florida Department of Elder Affairs include hurricane shutters, air conditioning unit, entrance way awnings, automatic handicap door openers for the restrooms, automatic sensor flushers for the restrooms, public address system and video surveillance cameras. o Tennis Center was built in three phases and was completed in 1992. There is a pro shop, men's and women's locker rooms, 17 Har-tru courts and 4 composite courts. Programs include junior and adult instruction, men's and ladies' City of Boynton Beach Recreation and Parks Department Strategic Master Plan 15 singles and doubles leagues, men's and ladies' team matches, tournaments and special events. b. Future Parks • Urban Civic Open Space o Woolbright Place is approximately 3 acres located on SW 8th Place and SW 1st Court. Tees frofa other deN,eleprflents in the City will be releeated to this sig Th Cit Coffunission has sled itinput and • Neighborhood Parks o FP & L Park is located on old Southwest 23rd Avenue directly south of the FP & L Substation and is bordered on the west by the E-4 canal and on the east by the CSX Railroad. This park could be developed so that access to the canal is provided. This 7.68 -acre site has not been master planned. o Girl Scout Park is located on the east side of the E-4 canal and is heavily treed with mature canopy. This site also could be developed for access to the canal. A master plan has not been done at this time for this 9.73 acre site. o Meadows I/Nautica Sound Park Site is a 9 -acre site that could be developed as a community park since there is no community park in this quadrant of the city; however, it is expected that surrounding neighborhoods would prefer a more passive use. A master plan has not been done for this site. • Community Parks o Nickels Property is a 15.4 acre site located on the west side of the Boynton Beach Mall. This site is not within the city boundaries at this time. o Quantum Park Site is a 15 -acre site located in the Quantum Corporate Park east of the E-4 canal. A master plan was done for this site that included athletic facilities; however, it is anticipated that the use will change from active to passive, nature -oriented as gopher tortoises have been spotted on the site. The property is adjacent to a large conservation area, which could be incorporated into the nature -oriented aspects of the park with the addition of interpretive trails. Additionally, this park could be used for access to the canal for canoes and kayaks as part of the greenway/blueway. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 16 • Greenway/Blueways o Palmetto Green Linear Park is planned for expansion from the existing path west to I-95, then south to Galaxy School. Funds are allocated in the CIP for land acquisition and construction. o Barton Greenway is planned to connect the west terminus of the Palmetto Green Linear Park Extension south through Barton Memorial Park through Barton Scrub to the north side of Galaxy Elementary School. The project is funded by the Florida Department of Transportation and is expected to be completed in 2009. and ne 0ber-hoods III. VISION I • Ensure Boynton Beach's Recreation and Park Legacy, for Future Generations o Develop fully programmed, fully operational and well-maintained parks, facilities and programs that meet both current and future park and recreation needs. o Keep the public and local leaders informed about the value, benefits, conditions and needs of Boynton Beach's park system. o Coordinate the planning, management, development and funding of parks, natural resources, trails and recreation needs and concerns with other Boynton Beach departments and city, county and regional planning efforts. o Engage the residents to become stewards of Boynton Beach's recreation and park system to help preserve the legacy for future generations. o Continue to plan, organize, host and evaluate high quality program opportunities for a diverse population. o Continue to maintain and upgrade recreation facilities to meet the needs of the constituents. • Design, Build and Maintain Excellent Parks and Recreation Facilities o Develop a park system that adequately serves the citizens' current and future needs in an efficient and affordable fashion. • Develop a set of parAE design standards that pfeser-ve the quality of the reere"n and parks system fef! fiutufe generations. o Develop each park, natural area and open space to respect the unique attributes of each site and its neighbors and according to its role in the overall recreation and park system. o Develop parks and facilities that are accessible and available to all residents. Meet and, where possible, exceed the requirements of Americans with Disabilities Act. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 17 o Use environmentally friendly, sustainable methods to build and care for parks, natural resources and recreation facilities. Think green. • Create An Interconnected Regional and Local System of Paths, Walkways, Blueways and Trails for Make Boynton Beach a "Walkable Community" o Provide a safe and convenient trails system between parks, natural areas and recreational facilities, and connect them with residential areas, civic institutions and businesses. o Coordinate the development of a regional trails system with surrounding municipalities and the county. o Integrate the parks, community centers, and trails into the neighborhoods. • Provide equal access to parks and recreation programs _ for all residents in the City o Pursue all opportunities to provide parks and recreation services in new developments throughout the community and in natural areas. o Provide developed neighborhood parks and community facilities within a reasonable distance of every resident. o Provide a geographic distribution of parks and recreation facilities that offer equal access and opportunity for all residents. o Provide a variety of programs that are free or low fee to assure equal access for all economic groups. • Develop Recreation and Parks Facilities that Promote "Community in the City" o Build public plazas and "green connections" in neighborhoods and along main streets. o Provide unique public spaces that give Boynton Beach a special and attractive identity that reinforces the existing character of the City. o Partner with other public agencies, schools and private organizations to maximize parks and recreation opportunities, facilities and programs. o Provide a wide variety of arts, culture, historical and civic amenities in the system. • Provide an Appropriate Set of Land Management Regulations to Accomplish the Long Range Needs of the Park System. o Develop a long-range strategic plan for the City that enables the City to plan and develop specific future parks sites within the context of a well - orchestrated land development scenario. o Review and update the Parks and Recreation Impact Fee structure every three (3) years. o Adopt new standards in the Comprehensive Plan that will assure an adequate and appropriate parks, recreation and open space system. o Establish regulations that require new developments to provide pedestrian and bicycle access into and through the new developments. • Provide Adequate Park and Recreation Maintenance and Management o Establish appropriate maintenance standards to upgrade and enhance the level of maintenance for parks and recreation meas facilities. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 18 o Implement a parks and recreation improvement program, including redevelopment of existing areas, maintenance, improvement and renovation of all public areas and facilities. o Maintain, secure and manage existing and future parks, facilities and open space in a manner that encourages appropriate use. IV. PARK STANDARDS A. Overview Each community is unique. Every City has its own "personality" that differs because of its demographic makeup. Due to differing geographical, cultural, social, economic and environmental characteristics, each community must select a set of standards, which best serves them for the cost of delivering those services. The parks and recreation system of a given City needs to reflect the needs of the residents of that City by setting standards for appropriate service. The standards are an expression of the essential facilities needed to provide the level of park and recreation services desired by the residents in each community. These standards are typically expressed as ratios such as acres of park per 1,000 residents or numbers of tennis courts per 1000 residents. The ratios are very useful in order to quickly assess the quantities and cost of the projected needs. Standards should be practical and achievable, and provide for equitable allocation of parks and recreation resources throughout the community. B. Description of Standards The City of Boynton Beach currently has a level of service for park acreage of 2.5 acres per 1,000 residents. It has been determined that this is an appropriate and satisfactory level of services. Currently, the City owns 245.85 235.77 acres of developed park land which is more than sufficient to meet this level now and in the future. C. Needs Assessment in 2002, the City of Boynton hieh indieated the following Beaeh completed a PaAs and Reefeation Needs Assessm— f4eilifies-ty witthose esidents that partieipated in the surve�0 • Nature Tr -ails 410% •—nenie Areas Qno% •playg sin Pafks 21,04 •—Fiszing Piers 75°4 • Amphitheater- 60 •jagging -Paths 649% • Multipur-posezields - 63 • Swimming Pools 60T _ 04 VV V • PassivezReef!eation Areas 540/ Citv of BQvnton Beach Recreation and Parrs Department Strategic Master Plan 19 • Gr-eeftways 5 7,046 • Senior- C-effter C40 • Tennis Courts Ir Ir • Baseball Fields CIO/ • Aquatie Faeility Cno/ • Basketball Courts • Teen Center- C"f%/ • Skate Park AQQ1 • Football Fields 0 • Boat "1 0 • Soeeef Fields • Dog Pffk A Anl ON .0 ~M A needs assessment was completed in September 2008, A summary of the findings is included as Appendix H. It is important that the Department understand the needs and wants of the residents. This can be made possible by completing a random survey every two years, holding public meetings and using focus groups to help determine if changes need to be made to facilities and programs. A Level of Standards L PEM M E911-11 FACMITY CURRENT WS FAC4LMES NEEDPER POPULATION C U- RE N T -- NEED 6 4 Baseball, Regulatien 2- -3 4 - Basketball 44 2-2 9 -3. Fitness Tfail (2) 4-4 2- 1 4- Multipwpose Fiel' 1 7- Raequetball Geuf4 8 7- Pienie-Afea 24 44 Rkn-fetmd 47 4-7- Shofflebeafd 4- 4-6 2-6 4-0 POO" 4- -2 2- Te�� 3-1 347 -11 Beeee-Ge� N�A 3, Volleyball CetH4 WA 4 N�A Based on current trends in some recreational activities and on the 2002 Needs Assessment, the following LOS are recommended. Cil -v of Boynton Beach Recreation and Parks Department Strategic Master Plan 20 RECOMMENDED LOS AND NEEDS 65,208 — 2004 POPULATION FACILITY CURRENT LOS EXISTING FACILITIES NEED PER POPULATION CURRENT NEED Baseball/Softball, Youth 1/15,000 6 4 0 Baseball, Regulation 1/20,000 al 2 41 Basketball 1/4,000 13 16 3 Community Center 1/25,000 = 7 3 0 Fitness Trail 1/30,000 2 2 0 Football 1/40,000 1 2 1 Multipurpose Field/Soccer 1/10,000 4.3 7 64 Racquetball Court 1/10,000 8 7 0 Picnic Area 1/3,000 2=� 20 26 6 Playground 1 /4,000 17 22 5 Shuffleboard 115,000 16 13 0 Pool 1/480,000 1 a] 0 Tennis Court 1/2,000 31 33 2 Bocce Court 1/25,000 3-2 3 0=1 Volleyball Court 1/15,000 44 4 41 Skate Park 1/65,000 0 1 1 V. MASTER PLAN A. Conceptual Parks and Recreation System Map The following is the Conceptual Parks and Recreation System map developed through the strategic planning process by Glatting Jackson. It is a result of the numerous meetings and the input from City staff, elected officials, board members and the public. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 21 B. Future Park Improvements THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM The Vision for the City of Boynton Beach's Recreation and Parks System is to create a green infrastructure system of interconnected pleasing, functional, and well-maintained open spaces, parks, greenways, streets, and waterways that will provide the permanent physical qualities of a great city. Implementation of this Vision will enable the City's Recreation and Parks Department to accomplish its mission to "engage Boynton Beach citizens in diverse recreational experiences, and to cultivate parks and open spaces". Working with City staff, members of the Recreation and Parks Advisory Board, and interested citizens, Glatting Jackson first developed nomenclature for the different components of the City's Park and Recreation System including: • Urban Open / Civic Spaces • Neighborhood Parks • Community Parks • Special Use Facilities • Water / Beach Access • Greenways / Bikeways / Trails • Conservation Lands • Regional Parks • Schools / School Parks • Private Recreational Facilities A long range plan was developed for each component of the System, responding to existing and projected population and demographics, lifestyles and needs. LIFESTYLES Early in the planning process, it was determined that the parks and recreation needs of City residents vary depending upon where they live; therefore, the City conducted a "Lifestyles Workshop" on November 17, 2004 to discuss differences in both existing and proposed lifestyles and recreation needs in the various quadrants. The notes from the Workshop are attached (Meeting Minutes, November 17, 2004). District 1, the Southwest Quadrant, is characterized as an area of retirees living in planned communities, most of which have their own private recreational amenities; therefore, the public recreation needs in this quadrant are primarily for large passive parks. It is anticipated that this demographic will change much over the next 15 — 20 years. District II, the Northeast Quadrant, is an older coastal community that is experiencing changes in its demographic mix, with more families and young professional couples moving into the area. This area of the City has more parks and recreation facilities than any other, but many need to be expanded or upgraded to accommodate increasing demands. The community stated that they also needs jogging trails, bike paths, and cultural/arts facilities within walking distance of residents as in other districts in the City. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 22 District III, the Southeast Quadrant, is also an area of changing demographics, and is the most likely area to "gentrify" in the coming years. The community's parks system needs to be expanded with more developed open space and recreation facilities to meet the increasing demand. This can be accomplished with the existing inventory. District IV, the Northwest Quadrant, is the highest income area of the City, characterized as "typical suburbia". There are not enough parks and recreation facilities to serve the youth and family-oriented lifestyle of this quadrant, and trails and bike paths are also needed to meet the needs of this growing suburban community. PROPOSED IMPROVEMENTS A Parks and Recreation System Conceptual Master Plan was developed to show the locations of both existing and proposed facilities to meet the needs outlined above. Following is a description of each of the proposed improvements. t the leeations shown on Parks aPA Ree -natio System lid.,., Urban Open / Civic Spaces Bicentennial Park • Complete renovation as an urban civic space for the downtown redevelopment. Veterans Park • Complete renovation as an urban civic space for the downtown redevelopment. Neighborhood Parks The City of Boynton Beach has 44 10 Neighborhood Parks in its current Park System. As time and use have taken a toll on some of these facilities, eight (8) parks were identified through workshops and interviews as having a need for retrofitting and/or enhancement. In addition to these renovations, nine (9) parcels owned by the City were identified to be developed as Neighborhood Parks in a phased fashion in order to meet the recreational needs of the City's population as it continues to increase in the years to come. Priority of park development would have to be determined at water date as funding becomes available. Hibiscus Park • Repl eeme„t ofplayo epA Complete • Landscaping • Pafk f,.n to o Complete Retrofit Forest Hill Park Complete • Resu f ee basketball , uft Complete • i .,ndse. pin Complete City of Boynton Beach Recreation and Parks Department Strategic Master Plan 23 Retrofit Galaxy Park • Replacement of perimeter- fence • Repl , o ent ofplay equipment Complete • Renovation of ball field • Picnic shelter • Arboretum • r „ndseaping Complete Retrofit Pioneer Canal Park • Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway • Surface parking lot • Multipurpose field • T .,naseapin Complete In ,w—Park fumitur-e Complete New Neighborhood Park - FP&L/ Golf Road Park Site • Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. New Neighborhood Park - Girl Scout Park • Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. New Neighborhood Park – Nautica Sound Park Site • Develop park to local residents' needs New Neighborhood Park – Meadows I Park Site • Develop park to local residents' needs New Neighborhood Park – Woolbright/Leisureville Place Park Site New Neighborhood Park - Quantum Communitv Eco Park Site • Develop park to meet residents' needs New Neighborhood Park – Winchester Park Site • Develop park to meet residents' needs Depending on future funding through the general fund, the Boynton Beach Community Foundation, grants and other funding mechanisms, these parks will be developed as the opportunity arises. The Strategic Plan currently does not identify when the sites will be developed. That will be determined based on identification of need in the Parks and Recreation System Needs Assessment, future trends, community needs and funding. Community Parks/ Centers Out of the four (4) existing Community Parks/ Centers, one (1) was identified as having a need for retrofitting and one (1) site was identified as a potential Community Park site to be developed as the need arises. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 24 Gamlyn Sims Center and W41san Pa Complete New Community Park - Nichels Road Site • Develop a multi-purpose Community Park to meet residents' needs Retrofit Congress Avenue Community Park • Upgrade the Tennis Center to meet residents' needs (in progress) • mindless Playground • Boundless Therapeutic Recreation Center • Gardens • Pavilions • Walking trail • Landscaping • Park furniture Special Use Facilities Two Special Use Facilities are proposed to be retrofitted. Cemeteries were historically used as passive and contemplative parks. The City of Boynton Beach has the opportunity to revive this tradition and provide its residents with truly memorable and contemplative "Cemetery Parks." Retrofit Barton Memorial Park • Consider developing Barton Memorial Park as a "Cemetery Park" that includes historical context. • Bikeway/Greenway Retrofit Sara Sims Park • Complete park renovation to include o New restrooms o Picnic areas with pavilions o Play equipment o Single rail fence o Multipurpose field Water/ Beach Access •7,200 squaf!e feet Clubhouse • Replacement of Park Furniture City of Boynton Beach Recreation and Parks Department Strategic Master Plan 25 Oceanfront Park • Replacement of boardwalk a Replace office, concession and changing rooms with 2 -story building • Enlarge maintenance building • Single rail fence • Catwalk over the dune • Additional lighting • Install stairs from lower parking lot • Handicap walking to beach Retrofit Jaycee Park J, • Diem. shelte • Restr-ooms Play equipment • Walking 4«ail • into etiv a kiosks • Becee „«4 • Boardwalk • Day docks Open •—Lands`a.,*g • Park fumitufe (Note, - -v - - - Park '- - - develepfnepA iii 2007) Greenways/ Bikeways/ Trails In August 2004 the City Commission approved, in concept, the City of Boynton Beach Greenway and Bikeway Master Plan, which establishes an interconnected system of Greenways, Blueways, Bikeways and Trails throughout the City. This System has been incorporated into the Parks and Recreation Master Plan, as follows: Palmetto Greens Expansion • Expand the greenway to I-95 Barton Greenwav o Complete greenway/hikeway from viest Galaxy School terminus of Palmetto Greenwav E.a�pansion to Develop FEC Corridor Greenway • Develop corridor as a "Transit Greenway" that provides for a multi-purpose recreational path, and connects to adjacent cities and park systems. Develop I-95 Corridor Greenway City of Boynton Beach Recreation and Parks Department Strategic Master Plan 26 • Work with FDOT and the County to establish this Greenway, including a paved multi- purpose path, shade trees, benches, bicycle stands, and signage. Develop Intracoastal Waterway Boardwalk • Develop a pedestrian, recreational promenade/boardwalk along Intracoastal Waterway connecting Woolbright Road and Jaycee Park. Develop Shaded Bikeways Program • Enhance roadways throughout the City to create a system of tree -lined boulevards, avenues and streets that link neighborhoods, parks, and commercial/employment areas, and safely accommodate motorists, cyclists, and pedestrians. Develop Recreational Greenways • Develop recreational greenways along Canal R.O.W., Utility Easements, and any available vacant parcels as a means to create citywide "Green Infrastructure Network." Conservation Lands The current Park System provides residents with three conservation sites: Rolling Green Scrub, Rosemary Scrub, and Seacrest Scrub. One (1) additional parcel was identified through the interviews and workshop as potential conservation sites that would provide residents with additional passive and educational recreation experiences: New Conservation Land — Quantum Conservation Site (Private) o Acquire site and develop along with Quantum Community Park to create larger and more influential environmental park. Recreation Facilities Art Center • Replacement of the awning is scheduled in FY 2008/09 • Replacement of the roof is scheduled in FY 2012/13 • Certified Backyard Wildlife Habitat completed in 2008 Ezell Hester, Jr. Center • Replacement of the awning is scheduled for FY 2007/08 • The gym floor is refinished each year City of Boynton Beach Recreation and Parks Department Strategic Master Plan 27 • The tennis pavilion awning is scheduled for replacement in FY 2008/09 • Replacement of the dugouts is scheduled for FY 2010/11 • The area will be relandscaped in FY 2008/09 Intracoastal Clubhouse • The clubhouse is scheduled for painting in FY 2012/13 Tennis Center • Lights on some of the courts will be replaced in FY 2008/09 • Fence repair is scheduled for FY 2008/09 • Resurfacing of the composite courts will be completed in FY 2008-09 Recreation Programming Demographic analysis indicates that there are more families in the Boynton Beach area than in prior years. In the past, about 40% of the department's participants were non-residents. As more recreation facilities are developed west of the city and more families move into the city, recreation programming needs are shifting to offer family-oriented opportunities. There has also been a change in the level of programs that are subsidized by the general fund. More revenue based programs and programs that are self supporting are being offered. Private Recreation Facilities Similar to most counties and cities of South Florida, the City of Boynton Beach is comprised of many private and gated Planned Unit Developments (PUD), condominiums, and apartment complexes. Many of these developments provide their residents with recreational facilities and amenities in the form of community pools, playgrounds, sports courts, etc. These facilities, although private, help meet the recreational needs of City residents. Additional Planning, Code Revisions Each of the facilities outlined above require further planning and design in order to be implemented. Additionally, the City needs to adopt its Greenway Plan as part of the City's Comprehensive Plan, and revise the Land Development Codes to require the implementation of greenway segment and/or neighborhood and community parks as part of the development approval process. COMPLETED IMPROVEMENTS The following improvements wefe fn de dufing Fiseal Year 2005 06 and 2006 07 have been made since Fiscal Year 2005-06. Community Parks Congress Avenue Community Park • Landscaping around tennis courts • Removal of exotic plant material City of BOVn1on Beach Recreation and Parks Department Strategic Master Plan 28 • Replacement of landscape buffer • Fencing around courts Ezell Hester Park • Playground equipment • Park furniture • Entryway sign • New roof Carolvn Sims Center and John H. Denson Pool at Wilson Park • New community center • Replacement of pool • Multipurpose field • Play equipment • Basketball courts • Landscaping • Park furniture • Picnic pavilions Intracoastal Park • Completion of two story clubhouse • Installation of retaining wall • Landscaping Neighborhood Parks Boynton Lakes Park • Replacement of play equipment • Landscaping • Park furniture Laurel Hills Park • Single rail fence • Replacement of play equipment • Park furniture • Park signage • Resurface basketball court • Replace basketball standards Meadows Park • Replacement of play equipment • Landscaping • Park furniture • Resurfacing of tennis courts • Resurfacing of basketball courts Forest Hill Park City of Boynton Beach Recreation and Parks Department Strategic Master Plan 29 • Replacement of fence • Park furniture • Entryway sign • Landscaping • Replacement of play equipment Galaxy Park • Park furniture • Renovation of restroom • Replacement of play equipment • Landscaping • Entryway signage Knollwood Park • Walking trail • Gazebo • Littoral plantings • Parking lot • Landscaping • Irrigation Arew Xe-�borhoed Park-- Southeast Betty Thomas Park • Picnic shelter • Play equipment • Walking trail • 2 Basketball courts • Parking lot • Landscaping • Irrigation Hihiscus Park • Replacement of play equipment • Resurfaced basketball court • Park furniture • Entryway signage Pioneer Canal Park • Replacement of play equipment • Double rail fence • Painting of restroom • Resurface tennis courts • Resurface basketball courts • Park furniture • Entryway signage Special Use Facilities City of Boynton Beach Recreation and Parks Department Strategic Master Plan 30 Boynton Beach Memorial Park • Re -landscaping • Replacement of the wall with a decorative fence • Entrance gates Little League Park • Renovated irrigation • Replacement of lighting system • Renovation of four (4) fields • Renovation of concession building • Painting of restrooms and dugouts • Landscaping Urban Open/Civic Space Heritage Park • Removal of planters • Installation of 35 palms Water/Beach Access Parks Oceanfront Park • Paint all buildings • Replaced lifeguard towers • Entryway signage • Landscaping Boat Club Park • Dredge the channel • Seal parking lot Intracoastal Park • 7,200 square foot Clubhouse Retrofit Javeee Park • Provide recreational access to Intracoastal Waterway • Picnic shelters • Restrooms • Parking area • Play equipment • Walking trail • Interpretive exhibits • Bocce courts • Open play space • Landscaping • Park furniture • Entryway signage City of Boynton Beach Recreation and Parks Department Strategic Master Plan 31 VI. THE IMPLEMENTATION PLAN The Implementation Plan is the most important aspect of the strategic planning process. This phase of the plan proposes a set of strategies for the City of Boynton Beach to put in place in order to realize the various elements of the plan. The Implementation Plan is divided into four sections: A. Capital Improvements Plan, B. Funding Sources, C. Comprehensive Plan, and D. Management and Administrative Recommendations. A. Capital Improvements Plan The City of Boynton Beach uses a 5 -year Capital Improvement Plan (CIP) that is updated on an as .wed annual basis.tie b is usually vd yr the first two yeafs-. The Strategic Plan is a ten-year plan and includes a 10 -year CIP. Certain assumptions have to be made as to the timing and details of development of parks and facilities. This is a fluid plan that helps steer the department and can change as plans become reality. The Strategie 5 -year City CIP is included in Appendix E G. B. Funding Sources A significant challenge for the City of Boynton Beach in meeting public recreation demands is funding. Significant financial investment is necessary for physical development, land acquisition, maintenance and programming. Implementing the recommendations of the Strategic Plan hinges on the ability to secure funding from multiple sources and responding with effective management of parks and recreation facilities and programs. The major impediment challenge of any to the implementation of the plan is the lack of adequate dedicated funding sources for both capital and land acquisitions, and for ongoing park management. E'uffently, signi fie + funding defteieneies exist f these. The following funding sources are a comprehensive listing of funding options that the City should consider. are available for consideration. 1. Park Impact Fees The City of Boynton Beach currently assesses new development for park impact fees. The purpose of this is to implement the capital facilities element of the Comprehensive Plan by: a. Ensuring that adequate park, recreation, open space and trail facilities are available to serve new development. b. Maintaining the high quality of life in Boynton Beach by ensuring that adequate facilities are available to serve growth thereby providing for the needs of new growth and maintaining existing service levels for present businesses and residents. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 32 c. Establishing standards and procedures whereby new development pays its proportionate share of the costs of park, recreation, open space and trail facilities. Existing fees are charged as follows: ■ Single -Family, Detached Unit $1,418.00 Per Unit ■ Single -Family, Attached Unit $1,045.00 Per Unit ■ Multi -Family Unit $924.00 Per Unit Consideration is begin given to increasing the impact fees to assure that sufficient funds are collected to cover the costs of adequate park and recreation facilities. 3. CRA Funding it is expected that Potential collaboration and cost sharing initiatives with the CRA funds will be used to renovate existing and/or build new parks in the CRA district. The following parks are located in the CRA district. Urban Open/Civic Space Bicentennial Park Heritage Park 7`h Avenue Park Veterans Park Neighborhood Parks Galaxy Park Community Parks Ezell Hester Park Special Use Parks Barton Memorial Park Sara Sims Park Greenways/Bikeways/Trails Palmetto Green Water/Beach Access Mangrove Park It is hoped that a stronger relationship between the CRA and the Recreation and Parks Department will be developed which will emphasize the importance that parks have in the success of redevelopment. 3. Grants The following identifies a number of grant sources that are available for land acquisition, park improvements, recreation facilities, greenways and trails, conservation land and programming: City of Boynton Beach Recreation and Parks Department Strategic Master Plan 33 ■ Florida Forever — Florida Communities ■ Florida Recreation Development and Assistance Program (FRDAP) ■ Greenways and Trails ■ Land and Water Conservation Fund (LWCF) ■ Community Development Block Grant (CDBG) ■ Palm Beach County Discretionary Funds ■ Palm Beach County Recreation Assistance Grant (RAP) 4. Debt Financing This method essentially requires a community to sell bonds or otherwise borrow money to be repaid from an annual automatic lien on the general fund. Or a community can pay for its infrastructure in the same way a person borrows money to purchase a home. In both instances, the capital need is immediate and high, the equity appreciation reasonably assured, and the monthly or annual principal and interest payments generally fixed. Like all forms of infrastructure financing, there are some disadvantages and risks. One major risk is voter aversion to approving bond issues, which means an increase in their property taxes. 5. Reserves Reserves are those surplus funds in a local government coffer that are either intentionally built up for a "rainy day" or accrue because the budget requirements were less than the revenues collected. By having sufficient reserves, a municipality does not have to try to sell bonds or borrow capital improvement funds. Reserves are difficult to project. 6. Advance Acquisition of Park and Open Space Land In this approach, a municipality maps out its future parks, recreation and open space through the comprehensive planning process. It then negotiates with landowners to purchase the property at a fair price, ideally before the land boom prices begin to rise. This approach can work to the advantage of developers and new residents by assuring that the parks and greenways will be there to increase property values and make new subdivisions more attractive to homebuyers. The cost of the property can be repaid back to the city by the developers of the property. 7. Lease -Purchase Contracts These contracts allow a community to begin use of a tract of land without acquiring all of the money needed to purchase the property. Sometimes, the lease fee is higher than the interest on bonds; however, it does provide a means to convince citizens that unless the community comes up with the money to purchase the land, the recreation opportunities enjoyed on the land will be foregone. 8. Sale of Park Land The sale of underutilized land should be considered. Reduction of acreage would have a direct impact on the cost for maintenance. City of Boynton Beach Recreation and Parks. Department Strategic Master Plan 34 9. Real Estate Transfer Fees As cities expand, the need for infrastructure improvements grows. Since parks add value to neighborhoods and communities, some cities have turned to real estate transfer fees to fund parks and recreation needs. Usually transfer fees amount to '/ % to '/2% on the total sale of the property. 10. Naming Rights Many cities have turned to selling the naming rights for new buildings or the renovation of existing buildings and parks for the cost associated with the improvement. 11. Cell Towers Cell towers in remote park areas or attached to existing light poles on athletic fields is another source of income. 12. Partnerships Partnerships are joint development funding sources or operational funding sources between two separate agencies, such as two governmental entities, a non- profit and the City, or a private entity and the City. The partners develop park and recreation facilities and share risk, operational costs, responsibilities and asset management based on the strengths and weakness of each partner. 13. Special Taxing Districts Taxing districts are established to provide funds for certain types of improvements that benefit a specific group of affected properties. Improvements may include landscaping, park furnishing, public art, supplemental services 14. Boynton Beach Community Trus Foundation The incorporation of the Boynton Beach Community will provide a mechanism through which funds can be raised for City projects. It is anticipated that funding for the Congress Avenue Barrier -Free Community Park and Boundless. Playgr-ound will be raised through the Trust Foundation. 15. Program Fees With the economic challenges being faced by the city, it is anticipated that program fees will be evaluated and adjusted to help off set the amount of subsidy received from the general fund. The current fees are in the lower range of comparable cities. It is anticipated that increased fees could lead to a decrease in participation. C. Comprehensive Plan A critical part of the Strategic Plan is the rewriting of the Recreation and Open Space Element of the City's Comprehensive Plan. The Comp Plan will include the City of Boynton Beach Recreation and Parks Department Strategic Master Plan 35 development elements identified in the Strategic Plan and will allow the City to formalize the Strategic Plan to assure the adherence to the plan. A copy of the Recreation and Open Space Element of the Comprehensive Plan is included in Appendix RF. D. Management and Administrative Reeommendations Considerations 1. Departmental Organization Current Departmental Organization At the current time, the parks, recreation and transportation divisions make up the Recreation and Parks Department. Traditional departmental organization dictates that these services are usually combined and managed by one director. The following depicts the current structure of the department: The Department is organized in the following manner: DIVISION FULL-TIME PART-TIME FTE'S Recreation 28 21.21 Parks 30 5.22 Transportation 5 .70 Desired Department Organization Staffing Levels Changes need to be made to the existing organizational structure to achieve a balance in duties. A Recreation Superintendent position should be created to supervise the two (2) Senior Recreation Managers to complement the Parks Superintendent position. Over the past few years, due to budget constraints and through attrition, th ee (3) several positions have been eliminated. A Reefeation Manager position sh,,uk 13 v1 VH4vV to VvVi UVV t11V CV11E,L VVV Avenue LVul1ll1VJJ 1R11i ineluding the tennis opefation. n TennisProfessional 1, l b hired on a eontfactual basis.- While the department has been able to continue to provide programming and maintenance at an acceptable level, the addition of new parks and facilities may require the addition of recreation and parks staff. It is anticipated that the following staff or services will be needed as new facilities are developed. The 2007-08 Strategic Plan included additional staff requirements because of the opening of the Intracoastal Clubhouse, the Sims Center and the Denson Pool. The department was able to hire a Pool Supervisor, a part time Lifeguard Senior, three (3) part time Lifeguards and a part time Recreation Leader to manage the pool operations. Due to budget constraints, the decision was made to close City Hall in the Mall and to move that staff to Intracoastal Park, eliminating the need to hire an additional full time supervisor and recreation specialist. The Sims Center will City of Boynton Beach Recreation and Parks Department Strategic Master Plan 36 be managed by existing staff. It was also decided to eliminate the Tennis Professional position and the Recreation Manager position. The Madsen Center was closed for recreational purposes with the exception of keeping the external shuffleboard courts in operation and the Recreation Supervisor was relocated. Additionally, due to attrition, a Parks Maintenance Worker position and a Parks Maintenance Worker Senior position were eliminated from the Parks Division personnel. Future Staffing Recommendations and Associated Costs Position (Loention) ffeur-ly FTE's Total Salary Annual C-04 Reer—eatie Super-visef(lr) 15.07 1 31,350 Ree fe do Speeialist (tr) 11.¢3 1 4 5 X9$49 Ree eas ' 7 eade /Dee4) oYi 1 7 7110 Offiee Assistant Senior (Peel) 8-.7-2' G 27,20 Y TOTAL 227,614 2008/2009 Improvements: Congress Avenue BonnBarrier-Free Community Park, Position (Location) Hourly Salary FTE's Total Annual Cost Maintenance Specialist 12.62 15.35 1 26,259 31.928 Maintenance Worker x-9:90 12.54 1 22,672 26,083 Re o„t'v,i„ C vpv-v-iux1..t -r�c 11.43 � 1-5.82 4- 3z?996 TOTAL 58,011 City ofBOvnton Beach Recreation and Parks Department Strategic Master Plan 37 2009/2010 Improvements: None Position (Location) Hourly Salary FTE's Total Annual Cost None needed TOTAL -0- 2010/2011 Improvements: Replacement of Buildings at Oceanfront Park Position (Location) Hourly FTE's Total Salary Annual Cost Grew Leader 14.58 1 -34;347- TOTAL c 2011/2012 Ilnprovemeii Dnp r Dar /'...,,..,...w -v Park, Position (Location) Hourly FTE's Total Salary Annual Cost 46.91 4 3 n.,_ks Mainto..anee Worker- 13.25 2TI342 TOTAL 62—,M 2012/2013 Im rovements: Quantum Park, Position (Location) Hourly FTE's Total Salary Annual Cost 3 3- 4' 1 4- 35 TOTAL }g�;g�4 2013/2014 MEMO —�—� City of Boynton Beach Recreation and Parks Department Strategic Master Plan 38 TOTA7L -0- 201412015 Greenways Position (Loention) Burly ETE's Total Salary Annusl EvA None Needed TATA -A- 201512016 Aliehols Road Park Position (Loestion) Hourly FTE's Total Salary Annual cost None Needed TOTAL -0- 201612017 0- 201612017 Improvententsi- Greenways Position (Loeation) Hourly FTE's Total Salary An-n-ual ,.Tones Fest TOTAL 4) - NOTE: NOTE: Salaries reflect a 5% increase in each out year. Salaries do not include benefits, equipment, etc. 2. Programs The 2002 Parks and Reefeation Needs Assessment also determined pf!og Beaeh,wotdd like the following: •—Festiv-als an speeial events •Com« elasses • Taufs f lereal .. • Arts and ,futts p City of Boynton Beach Recreation and Parks Department Strategic Master Plan 39 The Department will deep has developed a Recreation Programming Plan, which will be reviewed annually to assess and address current and future needs. This plan will be incorporated into the Strategic Plan and updated as required. Additionally, the Needs Assessment will be completed every five (5) years. 3. Revenue Generation Increase User Fees for Programs Unfeftunately but under-standabl)-, when budgets have to be eut, pafks and feer-eation is ane ofth fifst vietims. The Revenue Policy guides the range of fees charged for recreation programs in the City. Since the downturn in the national economy, numerous parks and recreation systems have been forced to reevaluate to eonsideff raising user fees to continue to offer quality -programming opportunities. While this is not initially popular with users, a proper marketing and information effort should help users understand the necessity of this strategy. Historically, adult programming has been partially subsidized by the City. It is recommended that Boynton Beach audit the true costs of each program, including maintenance and facility costs, staff costs, advertising costs, etc, Most municipalities believe that children's and teen's programs be partially subsidized, and that reduced cost for participation be given to the financially disadvantaged. The choice of how much the program is subsidized is a phileiEal< policy decision to be made by the City Commission Bey*ten Beae . It is recommended that BoynAon Beaeh the Department track the true costs for each program and make adjustments so that one program is not subsidized more than another. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 40 Facility and Athletic Rentals As the new community centers and neighborhood parks are added to the system, a fee plan for rental facilities should be developed. Picnic shelters can be used on a first come -first served basis; however, guaranteed use can be made through a reservation program that includes a rental and clean-up fee. A fee plan for rental facilities is being developed by tz,edepaftme,T is included in the Revenue Policy Manua. Athletic facilities should also be rented. They are quite costly to maintain so the fees should cover the cost of maintenance and upkeep. Equipment Rental This revenue source is available through the rental of equipment such as tables, chairs, tents, stages, bicycles, roller blades, canoes, kayaks, sports equipment, etc. Special Fundraisers Many park and recreation agencies have special fundraisers on an annual basis to help cover the costs of specific programs and/or capital projects. Utility Round -up Programs Some park and recreation agencies have worked with the local utilities on a round -up program whereby a consumer can pay the difference between their bill up to the even dollar amount and they then pay the parks and recreation department the difference. Corporate Sponsorships This revenue -funding source allows corporations to invest in the development or enhancement of additional programs in the City. Sponsorships are also used for special events. Foundations These dollars are raised from tax-exempt, non-profit organizations established with private donations in promotion of specific causes, activities or issues. They offer a variety of means to fund capital projects, gifts, fundraisers, endowments, etc. Advertising This revenue source is for the sale of tasteful and appropriate advertising on park and recreation related items such as the City's program guide, scoreboards, dasher boards, fences or other visible products or services that are consumable or permanent that exposes the product or service to many people. Signage Fees This revenue source charges citizens and businesses with signage fees at key locations with high visibility for short term events. Signage fees typically run from $25.00 per sign up to $200.00 per sign based on the size and location. Scholarship Program City of Boynton Beach Recreation and Parks Department Strategic Master Plan 41 This program allows the City to set across-the-board subsidy rates but offer financial assistance to those residents who cannot afford to pay the full amount. In this way, the program subsidy level is maintained and equitable access to the programs is maintained. The scholarship program can be a formal program through which businesses and individuals can donate money specifically to the program. Or the program can be funded with monies from the City, either from the general fund or other designated source. Adopt -A -Park Program The development of a formal Adopt -A -Park program would establish rules and guidelines of responsibilities for the adoptee. It would be recommended that the adoptors be a formal organization such as a neighborhood organization, homeowners association, business, civic group, etc. There is strength in numbers making burn -out less likely. Wish List This method of raising funds or getting materials has proven to be a successful method of augmenting the budget. Each year, the department establishes a "wish list" of items that they need, such as landscaping materials that are wanted, play equipment, art supplies, even vehicles and equipment. The list is published to the public. The downside is that the results can vary greatly from year to year, depending on the economy's performance. It is suggested that the list not contain any items necessary for the day-to-day operation. Volunteer Program The use of volunteers to do clerical work and programming can be a useful tool in augmenting the staffing levels. The City has a volunteer program that is formalized and includes background checks, regular schedules, job descriptions and evaluations to assure the safety of the clientele and the quality of the volunteers. Cost Avoidance The City should take a position of not being everything for everyone. It must be driven by the market and stay with the Department's core business. By shifting its role as direct provider, the City will experience savings by deciding whether or not to provide that facility or program. This is cost avoidance. 4. Administrative and Operational Management Plans As a result of the Accreditation Self Assessment process and strategic planning meetings, the following plans have been identified developed as focus areas €er to guide the department's future planning. ander They have been included in the annual update of the Strategic Plan. • T- g Plan O&W i i uiiii" • Programming Plan 96/87 • Marketing Plan 96/07 • Community Relations Plan 86/07 • Maintenance Management Plan City of Boynton Beach Recreation and Parks Department Strategic Master Plan 42 • Needs Assessment 07/082008 � Teehnelogy Plan 04/09 Pfeventative Maintenanee Plan (No date set) The purpose of the Programming Plan is to guide and assist staff in systematically offering quality recreation programming to customers and residents who live, learn, work, play in and visit Boynton Beach. The purpose of the Marketing and Communications Plan is to aid the Department and its personnel in identifying the issues facing our community and how to market the Department's natural resources and parks, programs and activities, facilities and services to our clientele. More than ever it is necessary to implement a simple and practical marketing plan that can be used to guide the Department in its quest to satisfy the needs and desires of our diverse community. The Marketing Plan will help the Department increase the value that Recreation and Parks programs and services bring to our citizens and will assist the Department in being effective for our customers. The purpose of the Community Relations Plan is to promote the marketing vision and unique selling proposition of the Department while developing and strengthening relationships with individuals and communities in and around the City of Boynton Beach. The basic purpose of the plan is to promote the Department as a structured and integral part of the Boynton Beach community through the provision of activity programming, events, facilities and spaces. The Park Maintenance Plan was developed for two reasons. The first reason was to meet the requirements of the Accreditation Process. The second was to assure that the maintenance of parks in Boynton Beach meets certain expectations. A comprehensive Park Maintenance Plan is the backbone of the City's park system. A Park Maintenance Plan addresses routine, regularly scheduled tasks, preventative tasks, scheduled improvements and emergency repairs. The Plan identifies areas of responsibility, types of maintenance and standards for the different types of maintenance. Additionally, it contains a task -based reporting system that will allow the City to identify real time efforts into the different areas of responsibility, types of maintenance tasks performed, and time allocated per employee for maintenance task. It is necessary for the department to keep up with the changing trends in recreation and demographics to assure that the needs of the participants are being met. A needs assessment should be conducted on an annual basis using different methodologies including written surveys, telephone surveys and focus groups. The Department shall utilize these focus areas in developing annual department and staff goals while continuing to respond to changing conditions, needs and trends, thus ensuring that there is a long range strategy to achieve the Department's mission. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 43 VII. EVALUATION The Strategic Plan will be evaluated and updated annually for presentation to City Commission in May of each year. The Leadership staff is responsible for determining if the plan is successful and what change need to be included in the updated plan. Additionally, the Programming Plan, Marketing Plan, the Community Relations Plan, and the Maintenance Management Plan will be evaluated on an annual basis. Changes will be as necessary. APPENDICES Appendix A Marketing Plan Appendix B Programming Plan Appendix C Community Relations Plan Citv of BQvnton Beach Recreation and Parrs Department Strategic Master Plan 44 Appendix D Maintenance Management Plan Appendix A E Recommendations from Staff Connections regarding Organizational Structure Appendix R F Revised Comprehensive Plan Appendix G G 5 -year Capital Improvement Plan Appendix H Summary of Needs Assessment City of Boynton Beach Recreation and Parks Department Strategic Master Plan 45 CC GIA IINI IAC KSDN KERCHUR ANGLIN The Vision for the City of Boynton Beach's Park System is to Develop the Cities "Public Realm" and create a Green Infrastructure System of Aesthetically Pleasing, Functional and Well Maintained Open Spaces, Parks, Greenways, Streets. and Waterways that meet the needs and the desires of a growing community as well as guide and enhance the Cit 's future cirowth and development. Existing Parks (D Proposed Parks A Proposed Retrofifted Par its Tree Lined Bikeways A I I Boardwalk Game Greenways 2. Was Will Wer i1NOW00 rj rlM t �10 X ' W 4 !N0_M*M NW -WA *W4 rpt *M 4W 00 M" 40* No IV" tlo" *W � ► � "1AA �� WM WV4" A*" 4W KSE NP APPENDIX A City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida We Make r Life Fun!! d t Sayritan Beach Recreation and Parin Departaw:nt Plan prepared by: Virginia Shea, Senior Recreation Manager City of Boynton Beach Recreation and Parks Department PO Box 310 Boynton Beach, FL 33425-0310 561-742-6236 561-742-6238 recdept(a)-ci. boynton-beach.fl. us www.boynton-beach.org TABLE OF CONTENTS I. Guiding Principles........................................................ Proactive vs. Reactive........................................................................................ 1 Decentralized vs. Centralized............................................................................. 1 Inclusive vs. Exclusive........................................................................................ 1 Consistency vs. Inconsistency..................................................:.........................1 Two -Way vs. One -Way Communications...........................................................1 Informed vs. Uniformed Decision Making...........................................................1 Progressive vs. Traditional.................................................................................2 Il. Positioning the Department for Success....................................................2 Corporate Identity and Demographics................................................................2 TargetAudiences...............................................................................................3 Secondary Target Audiences.............................................................................3 Values................................................................................................................. 4 DepartmentPhilosophy......................................................................................4 Department Mission............................................................................................ 4 MarketingVision.................................................................................................4 Unique Selling Proposition.................................................................................5 111. Marketing Overview...................................................................................5 IV. Benefits Based Marketing and It Starts in Parks Message.....................6 V. Executive Summary ...................................................................................... 7 Market Analysis Strategies.................................................................................7 CompetitionAnalysis..........................................................................................7 Promotion Strategies and Communications Tactics...........................................8 Vl. Annual Objectives and Action Plans......................................................10 VII. Evaluation and Continuous Improvement.............................................11 Vlll. Appendix...................................................................................................11 IX. Conclusion................................................................................................13 Guiding Principles The purpose of the Recreation and Parks Department Marketing Plan is to aid the Department and its personnel in identifying the current methods used to market Department services, natural resources and parks, programs and activities, and facilities to our clientele. More than ever it is necessary to implement a simple and practical marketing plan that can be used to guide the Department in its quest to satisfy the leisure needs and desires of our diverse community. This Marketing Plan will help the Department increase the value that Recreation and Parks programs and services bring to our citizens and will assist the Department in being effective for our customers. This plan is based on the following principles that guide the Department: Proactive vs. Reactive The intent of the Department's marketing efforts is to be proactive in providing information to our citizens. Our responsibility is to plan and execute strategies, which utilize all available marketing and communications outlets to provide up-to-date and accurate information and to anticipate the needs of our growing and changing community. Decentralized vs. Centralized The City of Boynton Beach and the Recreation and Parks Department maintain a policy of decentralized communication that places the responsibility of marketing in the hands of each employee of the Department. The role of the Senior Manager responsible for Department marketing is to provide professional and technical support to the entire staff to ensure that the Department's message is consistent. Inclusive vs. Exclusive Marketing to and communicating with everyone in the community and everyone on staff is vital to the survival of the Department. Soliciting public and staff input into marketing initiatives will help the Department meet its objectives. Consistency vs. Inconsistency Focused and consistent marketing messages present a focused and consistent image to the community. The messages sent out to the public shall revolve around the City's and the Department's vision and mission. Focus and consistency will present a professional image to our constituents. Two -Way vs. One -Way Communications Maintaining an open and honest style of communication will allow information to be shared, and will alleviate fears and suspicions commonly associated with governmental agencies. Informed vs. Uniformed Decision Making The Department exists to serve the needs of our community and customers. We are committed to providing accurate information that will allow our constituents to make informed decisions and choices. We are also committed to seeking community and staff input to help determine the future needs and development of parks and recreation for the entire community Progressive vs. Traditional While the Department is committed to utilizing effective tools to communicate with our citizens, the development of emerging technologies has provided the Department with new tools for this purpose. It is the Department's goal to be viewed as a progressive organization. II. Positioning the Department for Success Our objective is to have an impact on others, and ultimately the world in which we live, in a positive way. Our humanity — our children's future — depends on the choices we make today. Reaching out to people who care about recreation and parks, and who care about their community, is our job. Everyone can benefit from physical activity, time spent in nature, and revisiting their heritage. We strive to make the importance of recreation and parks more evident to the public by promoting our parks as the center of communities and our facilities as safe havens. Providing and developing enriching programs helps to create healthy communities, reduce crime and vandalism, foster business retention and expansion, and enhance tourism. Recreation and Parks services and programs are proven to be good for the entire community! We have the capability to link citizen volunteers and professionals who support recreation and parks to work together to solve a number of shared problems. We work together to promote the development and the spreading of the body of knowledge that is growing daily ... about our profession, about how we help our citizens, and about how we effect positive change in our community. The Boynton Beach Recreation and Parks Department helps to strengthen our community's fabric, health and well being, economic base and security. Through diverse and innovative programming and broad partnerships, the Boynton Beach Recreation and Parks Department plays an important role in creating places for our citizens to create, imagine, play, learn & meet new friends. Corporate Identity and Demographics Located in southeast Florida in Palm Beach County, Boynton Beach is known as the "Gateway to the Gulfstream" and is the third largest city in the county. According to U.S. census statistics, the population of Boynton Beach is an estimated 66,671. The median resident age is 41.8 years. The median household income: $44,299 and the median house value is $192,000. The City of Boynton Beach Recreation & Parks Department maintains and operates 39 sites (including 9 recreation facilities, the beach and 29 parks) for recreational use. At the head of the Department is the Director who reports to the Assistant City Manager. The City Commission appoints a Recreation & Park Board of seven members and two alternates. The Board meets monthly, providing valuable citizen input to the Department's management. Board members are appointed to three-year terms. In 1999, the Department's Leadership Team, with the assistance of all staff, developed a corporate identity for the Department. This began with adapting the Department's mission statement to a new slogan ("We Make Life Fun"; see USP on page 5) and logo. The Department's major marketing tool, "Funfare! Magazine" and slogan were a perfect fit. The Department uses the logo on all communications and marketing tools, and is associated by our constituents with the unique message of the Department. The slogan "We Make Life Fur and the title "Funfare! Magazine" are both important parts of our "brand Target Audiences For the purposes of the Marketing and Communications Plan, the primary target audiences have been identified as: Citizens Citizens of Boynton Beach have been identified as the highest priority target audience. By educating citizens and creating an open dialog, the Department will help to empower citizens to become an integral part of the overall plan by becoming supporters and advocates for the department. Top 20% of Program Registrants These are the department's best customers based on the number or dollars spent and the number of registrations logged in the course of a year and who are included on (but not limited to) the "Funfare! Magazine" mailing list. This is the direct -mailed, major marketing tool of the department. News Media The Department maintains an open and honest dialog with the news media. The news media play a vital role in the overall marketing and communications effort of the Department which significantly influences the perception of the Department by all other target audiences. Employees By improving and expanding upon current internal marketing efforts; the Department can empower employees to deliver the message that "We Make Life Fun" to our constituents. Secondary Target Audiences Unincorporated Boynton Beach residents Other Palm Beach County residents Other local government agencies Local businesses Local corporations The Palm Beach County School District The Palm Beach County Board of Commissioners Local Hospitals Local Homeowners Associations Greater Boynton Beach Chamber of Commerce Palm Beach County Convention and Visitors Bureau Palm Beach County Sports Commission Palm Beach County Cultural Council 3CM.A (City/County Comm i iinications and Marketing Association) Florida Recreation and Parks Association Values ✓ DIVERSITY — Using the strengths that come from our differences and sharing ideas as we work together towards completion of our goals. ✓ INTEGRITY — Providing consistency in action and words grounded in ethical conduct. Having courage to do the right thing and willing to be held accountable for our decisions. ✓ STEWARDSHIP — Demonstrating responsible management of public and natural resources entrusted to our care. ✓ CREATIVITY — Encouraging the use of imagination to develop new ideas and to find improvements. Department Philosophy The Boynton Beach Recreation and Parks Department trusts that active and passive leisure pursuits are significant, essential and relevant to the quality of life for the citizens of Boynton Beach. Recreation and parks management enhances economic and community development and thus, is vital to our community. We are committed to meeting the recreational and social needs of our citizens of various ages, interests, abilities, and ethnic and cultural backgrounds. We promote the benefits of becoming involved with Recreation and Parks activities to our constituents. We work toward increasing the public's awareness that recreation and parks hold environmental, economic and therapeutic benefits to people of all ages, interests and abilities. Our message consistently includes the benefits of being involved with recreation and parks on every level. Department Mission We exist to engage Boynton Beach citizens in diverse recreational experiences and to cultivate parks and open spaces. Marketing Vision We will provide a variety of parks, recreation facilities and program experiences equitably throughout the community. Programs will be developed and maintained to the highest quality, ensuring a safe environment with exceptional service while developing lifetime customers. Services will demonstrate a positive economic investment through partnerships with other service providers, both public and private, ensuring a high quality of life for the citizens of Boynton Beach. We must share the fact that Recreation and Parks services are vital to the health and well- being of our community. We must spread the word that the Boynton Beach Recreation and Parks Department Makes Life Fun and is dedicated to: • Strengthening Community Image and Sense of Place. • Supporting Economic Development by improving property values and attracting and retaining businesses and residents. We provide jobs and generate income from the community and local businesses through park development programs. • Strengthening Safety and Security by providing safe environments for play and leisure. • Promoting Health and Wellness to improve physical and emotional health. Fostering Human Development through social. intellectual. physical and emotional interaction. • Increasing Cultural Unity by creating experiences through programs that celebrate understanding and diversity. • Protecting Environmental Resources through acquisition of open space, creating greenways, blueways and bikeways for the enjoyment of our citizens, and providing natural areas for pleasure and education. • Facilitating Community Problem solving through leadership and professionalism of staff applied to interaction with our constituents. Raising the level of awareness of the existence of the myriad of different public park and recreation amenities within Boynton Beach is the ultimate purpose of the Department's Marketing Plan. Gaining new insight from registration software and feedback from our customers at all recreation facilities will give the department baseline data which will allow staff to review ways to face new challenges. Further evaluation of our market will allow us to plan for the future. Unique Selling Proposition We endeavor to project the image of a department dedicated to enhancing the quality of life of our constituents. Thus, our Unique Selling Proposition is the same as our Department slogan. "We Make Life Fun." Marketing Overview In 2001, recognizing the growing importance of overall agency marketing, the Department Director assigned the task of preparing a marketing plan to the Senior Manager responsible for marketing. The first three year marketing plan was approved in late 2002. In evaluating the plan, the Department's Leadership Team determined that a one-year plan would better suit the Department. Since then, the Department updates the plan annually, which is intended to provide direction to all staff to enhance our marketing efforts. This plan outlines the Department's annual objectives. The actual implementation of the plan will be spread out in accordance with the Department's marketing workflow. The City's Public Affairs Director is ultimately responsible for the City's public relations and promotional efforts. The Department, however, has the authority and responsibility to market its programs and services. The Public Affairs office is an excellent resource for assistance. The Public Affairs Director and the Senior Recreation Manager in charge of Department marketing work together throughout the year to promote not just recreation programs and parks, but a myriad of public services that benefit our constituents. The Senior Manger oversees program related marketing. Examples of Senior Manager's responsibilities include updating the Department pages of the City's web site, serving on the policy making decision team for the government access cable television channel, creating and updating seasonal brochures, flyers, program and non -program related press releases, annual guide to city services, pavilion and facility guides, and Department registration services. The registration services include such marketing efforts as registrations, refunds and transfers, pavilion reservations, program information distribution, among other related activities. The Department understands that the responsibility of carrying out this Marketing Plan is the responsibility of every member of the Department. Recreation programming staff - from supervisors to recreation specialists and administrative associates - serve as advocates and communicators for the Department in accordance with the agency mission. The primary responsibilities of the Senior Manager is to assist staff, members in obtaining the necessary knowledge and tools to be effective in their role of communicating with the target audiences. These staff members are responsible in some way for planning and coordinating the marketing for their programs and services. This includes the four P's of Marketing, commonly referred to as the Marketing Mix: ■ Place (location of where program will be held); ■ Price (cost and price structure of the program); ■ Product (program components such as activity, curriculum, times, days and benefits to participants); • Promotion (brochure description, flyer language, flyer distribution, PSA/news releases, and other promotional efforts). Park staff is involved in marketing every day as they frequently come in personal contact with thousands of customers each year. Park staff can educate the public as to the importance of natural resources, environmental issues and protecting our parkland. A new component of the Marketing Plan in 2007-08 was the development of a Department Marketing Committee. This component focused on the development of marketing strategy. Through this committee, suggestions and recommendations were addressed towards the Department's marketing efforts. The Department Marketing Committee is a continuous improvement team comprised of employees from several divisions from within the Department. The purpose of the committee is to explore marketing opportunities, gather and disseminate information, provide a forum for marketing brainstorming, and help guide the marketing efforts of the Department. The team meets quarterly to discuss marketing issues and give updates on the plan's action items. The marketing budget is primarily funded through self-sustaining program fees, commonly referred to as the Recreation Program Revenue Fund. A percentage of each section/division budget is reserved for the tri -yearly recreation program guide, Funfarel Magazine. The Senior Manager in charge of marketing prepares the remaining marketing line item budget requests during the annual budget process. IV. Benefits Based Marketing and It Starts in Parks Message Benefits -Based Marketing is an underlying theme for all Boynton Beach Recreation and Parks Department marketing activities. The National Recreation and Park Association adopted the benefits -based approach to marketing as a response to the 1995 Surgeon General's report on the overall health of the nation and completed a strategic plan, vision and mission for the Benefits Movement with input from a variety of NRPA stakeholders. The Department has embraced the movement which communicates the value of recreation and parks as an essential service that impacts the quality of life in our community. Equally, the Department has embraced the It Starts In Parks marketing and branding campaign led by the Florida Recreation and Parks Association. This initiative better positions 0 parks and recreation agencies to be recognized and supported for the important benefits anc services provided by the profession. The overall outcome of the initiative is to insure that people in the State of Florida know, value and support the profession of parks and recreation We offer high quality, safe and fun activities, programs and events, practice care for open space and plan for the future needs of our constituency, and we focus on making known the benefits that effect people by participating in programs at our facilities. We seek to increase the public's awareness that recreation and parks hold environmental, economic and therapeutic benefits to people of all ages, interests and abilities. Our message must consistently include the benefits of being involved with recreation and parks on any level including the ISIP (It Starts in Parks) messages: Respect for NATURE ... CONSERVATION of our natural treasures ... ECONOMIC DEVELOPMENT ACHIEVEMENT ... Ties to our HERITAGE ... Florida's FUTURE ... A Sense of COMMUNITY . Good HEALTH ... It Starts in Parks. V. Executive Summary Market Analysis Marketing is the process by which we come to understand the relationship between our organization's "product" and our customers. We began with the Internal Market Analysis: a self-examination of the organization which involves input from recreation and park staff members. The Leadership Team conducts this marketing audit annually. The 2007-08 analysis was conducted in September 2008 with the results being included in the Annual Marketing Plan Report, which was provided to the Director of Recreation and Parks prior to making annual plan revisions in order to properly identify upcoming annual objectives and action plans and marketing strategies. The Internal Analysis helps in determining the Department's strengths and weaknesses and is accompanied by the Competitive and Environmental Analysis which focuses on competing organizations and the programs they offer that are similar or different from those offered by the Department. This allows us to look at trends that affect our community to help us understand which trends can or cannot be addressed by the Department and help us determine how programs compare between organizations. Competition Analysis Major recreation providers in the area include Palm Beach County Parks and Recreation Department, the Palm Beach County School Board, the local Jewish Community Center, and the local YMCA. It should be noted that the Department shares many of the same philosophies and partners on many levels with other service providers in order to satisfy community needs. Shared facilities and collaborative programming facilitate these efforts. The Department has conducted meetings and is seeking to partner with the local YMCA in offering programs to a wider audience. These efforts are mentioned and will be supported but are not part of this year's marketing plan. Promotion Strategies and Communications Tactics Media Relations is an important and effective link in the Department's marketing efforts. Continued efforts to maintain open and honest communications with the media and providing timely information in the easiest and clearest way possible is our top priority. The local media have continuously commented to Department staff how clear and concise our media releases are, and that they know when they see our format that it comes from our Department. Communications and Marketing Counseling The Department recognizes the need to support each section/facility in the marketing efforts and will help build the skills of all staff on the appropriate and most effective means of marketing their programs through in-house training. This is a means to maintain an effective decentralized marketing system within the Department. Advertising Media Outlets Television - Television advertising was a part of the Department's marketing efforts for several years. The Department coordinated production and airtime on local cable television for all major special events and on broadcast television advertising on the local CBS affiliate. Due to budgetary constraints, the Department no longer coordinates broadcast or cable advertising. Since the introduction of BBTV to local cable subscribers, the Department is advertising on the City's government access channel to promote its programs and the benefits of recreation and parks to the community. Radio - The Department used radio advertising to promote the benefits of recreation and parks up until December 2007 but discontinued the practice due to budgetary constraints. Print Media — The Department has a strong relationship with the local print media. Not only are we able to call local reporters to have stories written and color photographs taken, but we have also had a long history of successful partnerships with the two largest local newspapers, The Sun -Sentinel and The Palm Beach Post. Public Service Announcements - The Department tracks all news mentions in the local print media via monthly reports and by keeping annual news clip manuals, giving us the data we need to determine the success of our media releases. Printed Materials Funfare! Magazine — Funfare! Magazine is the premier publication and major marketing tool of the Department. The magazine includes program information for each facility, a parks section, facility listings and a map, and pertinent registration procedures and forms. It has full color (inside and outside) front and back covers featuring photographs depicting recreation activities and parks or nature themes. It is published three times each year and mailed to those participants who have registered for programs the prior two years. The Department evaluates a year's worth of publications annually and discusses changes to the format, covers and descriptions. Flyers and Posters - Flyers and posters have been effective marketing tools. A format was established for the layout and design of these public communications tools. Staff input all pertinent program or event information and all flyers are reviewed for accuracy, content and design standardization. The flyers are sent electronically to an in-house, two color copier, to office laser color printers or are outsourced to local printing firms. Program coordinators distribute flyers as determined in the Department's Communications Tool Kit. Eleven -inch by seventeen -inch posters are redesigned frorr- the final flyer (for larger events/activities) and printed on office laser color printers or house color copier, then posted in various facilities. Each center supervisor assigns a staff member to keep flyer/brochure racks up-to-date at the individual facilities so that all information being promoted is current. Senior Center Newsletter - The Senior Center Supervisor coordinates the design, production, ad sales and distribution of a bi-monthly newsletter distributed to program participants at the center. This information serves as a supplement to "Funfarei Magazine" and has been found to be useful in providing detailed information about new programs, special activities and trips for the mature population. Improvements to the newsletter are necessary, but are difficult due to the technology (networking) problems that are a daily experience for the center staff. The Department and the ITS Department are coordinating efforts to provide wireless service at the center. Tennis Center Brochure — A special Tennis Center program brochure is designed, printed and placed at various facilities each year, marketing tennis activities, lessons,. clinics and leagues as a supplement to "Funfare) Magazine'. Denson Pool Brochure — A new brochure was designed to marketing aquatic activities including lessons and water aerobic programs as a supplement to "Funfare! Magazine" Special Promotional Printed Materials - The Marketing section is frequently producing special printed and promotional materials. Some of these pieces include schedules of events for grand opening or ribbon cutting ceremonies. brochures to advertise programs including the Ail Star Cheerleading program and the pavilion and facility rental brochures. Media Releases - A specific format was developed for Department media releases and all staff now follow that format. It is easily recognizable to the media outlets to which we send releases and it presents a consistent Department message. Information on how to develop media releases, along with other pertinent media information, can be found in the Communications Tool Kit, distributed in a binder to each section of the Department and on the Share Drive. Signs. Banners and Marquees - Signs, banners and marquees are used to announce upcoming events. City Utility Bills - Billing cycles for the City's water utilities run approximately every six weeks. The marketing staff solicits Department staff for information and emails that information to the Utilities Billing division for inclusion on the water bills. This method is used infrequently but is available for special messages. Technology On -Hold Messages — The Department uses this tool as an additional method of promoting upcoming programs and events. On -hold messages are recorded weekly and the marketing staff sends information to the Public Affairs Office for inclusion as program information is available. Teleworks — The Department uses this tool to inform program participants if outdoor activities or events are cancelled due to inclement weather or to notify past participants of new activity offerings. BBTV (Boynton Beach Television_ — The Webus software program is in use to produce billboard type messages for the City's government cable access channel. Messages are posted freni en l\yi and focus on tion d '✓ t �+ ,,ue t J al Ill 1_VVI 1 park amenities, recreation i prvgr a� i u i iii rg, airu messages pertaining to the benefits of being involved in leisure time activities. Website - The Department currently updates information on the website as frequently as needed by three staff members trained and assigned to post to the website. Featured on the site are static (or standard) messages, including frequently asked questions, facilities and parks information and Department services and messages that change each program season, including event information, media releases and new program listings. Boynton E -News — This new, web -based subscription program allows internet users to register for various city publications, including Recreation and Park Department specific activity and service information, any time new information becomes available. The City is working towards updating the Intranet. Department information can be included to inform city employees of up-to-date program and event information, which can be printed and posted to bulletin boards for those who do not have access to personal computers. Web -based Program Registration — During this fiscal year, the Department will move to purchasing web registration software and training staff in its use and then rolling out this on-line benefit to customers by using a variety of the above mentioned tools. VI. Annual Objectives and Action Plans The Marketing Focus for 2008-09 is to position the Department as an essential component of Boynton Beach. To achieve this during the difficult economic times ahead, effort must be placed on increasing current marketing initiatives. Marketing Goals: • Improve our current awareness efforts of the Department's programs and services • Maximize opportunities for staff and customer support To this end, the following Goals and Action Plans highlight each objective and allow the Department to begin to reposition itself and deliver the designated benefits. Goal: Improve current awareness efforts of the Department's programs and services Action Plan: With input from the Leadership Team and Marketing Committee, update the Department Marketing Plan annually (October 1 through September 30). Provide written evaluation of the Marketing Plan annually. Using Effective Strategies (see 2007-08 evaluation of the Marketing Plan), promote Department programs and services. o Provide media release & flyer production and web -site reminders to all center supervisors (tinny Shea) o Track number of media releases sent each month and percentage of information that appears in print media (Nicole Cangelosi) o Funfare! Magazine & flyers to churches (Brenton Rolle) o Funfare! Magazine to parking attendants and to each department with waiting areas (Heather Spillane) o Install display cases in several parks to display information and keep current (Vicki Robertson) o Track Webus message postings (tinny Shea & Nicole Cangelosi) Continue to maintain the Commission for Accreditation of Park and Recreation Agencies' standards to meet the public's expectation for quality (Leadership Team and Planning Team - every five years). 10 Goal: Staff and Customer Support Action Plan: • Meet with internal staff yearly to review what worked and what needs improvement (Parks Superintendent and Senior Manager) • Modify Funfare! Magazine design and layout to be more user friendly (Sherri Claude Ginny Shea) • Host focus group of best customers for feedback regarding layout. design and content (Sherri Claude) • Conduct yearly trends analysis with various departments (Fire, Police, Neighborhood Services, and Library) to find out what they are doing and what their observations are of trends within the City (Marketing Committee) (Heather Spillane, Brenton Rolle) Alternate Goal: Target Audiences/Market Segments Action Plan: • Determine seven primary market segments through registration software and survey these people to get average demographics of our primary constituents. • Identify potential market niches and program development for new market segments. VII. Evaluation and Continuous Improvement The Senior Manager defines goals and objectives through the annual appraisal process and during the budget process. Measurement of the effectiveness of the goals and objectives is measured during the appraisal process. Marketing audits will be conducted on an annual basis. The Senior Manager will provide the Department Director with an evaluation of the Marketing Plan at the end of each fiscal year. VIII. Appendix The benefits to providing recreation and park services to a community are Individual. Community, Environmental and Economic. Statistics are available through NRPA. Individual Recreation and parks creates experiences for living, learning, visiting and playing in Boynton Beach These individual benefits are: • Full and meaningful lives • Balance between work and play • Life satisfaction • Quality of fife • Personal development and growth • Self-esteem and self-reliance • Sense of accomplishment • Creativity and adaptability • Problem solving and decision making skills • Physical health • Psychological well-being • Personal appreciation and satisfaction 11 • Sense of adventure • Outlets for stimulation Community Recreation and parks provides experiences and opportunities to live and interact with families, neighbors, the business community, surrounding communities and the world. The community benefits of parks and recreation are: • Strong, vital, connected communities • Strong, vital, connected families • Ethnic and cultural understanding • Community pride • Support for youth • Lifelines for seniors • Reduced alienation • Reduced delinquency • Outlets for resolution of conflicts • Social bonding • Understanding and tolerance Environmental Recreation and parks provides and protects open space to enhance the desirability of our city and contributes to the health and safety of our citizens. The environmental benefits are: • Environmental and health protection • Physical health and well-being • Stress reduction • Enhanced property values • Clean air, clean water, clean parks • Preservation of open space • Protection of the ecosystem Economic Recreation and parks is not a mere expenditure, but an investment in the future for the viability of people and places. Recreation and parks provide these economic benefits to our community: • Economic stimulation • Reduced health care costs • Reduced vandalism and crime • Source of added revenue • Increased value of property • Increase in tourism • Productive workforce Benefits Statements • We Make Life Fun! • We Provide Safe Places for Children to Play! • We Help Educate Children and Adults! • We Help You Conquer Boredom! • We Help You Create Memories! • Come to Our Facilities to Meet New Friends! • Recreation Activities Can Make You Happier, Look Better and Feel Great! • Community Involvement Creates and Promotes Sensitivity to Cultural Diversity! • Leisure Pursuits Can Help You Learn New Skills and Reduce Daily Stress! 12 • We Help to Enrich Living and Working Environments • We Help You to Experience Natures Wonders' • We Provide Support for Cultural and Performing Arts! • We Help Strengthen Families! • We Provide Life-Long Learning Skills! • We Promote Physical Fitness! • We Help Foster a Sense of Community! • We Help You Indulge Your Senses! • We Help To Reduce Teen Gang Violence! • We Boost Tourism! • We Help People to Be Self-Reliant in the Water! • We Expose Urban Children to Nature! • We Help Seniors Reduce Loneliness! IX. Conclusion This plan reflects an organization that is successful with its current marketing and wishes to build on this success by keeping abreast of technological and marketing developments. Due to the austere budget times, this plan reflects low cost plans. Should the economy improve or if the Department moves to increasing user fees to recover more costs, the Department may want to consider spending more on marketing initiatives with outside vendors. 13 CO W ■ APPENDIX B City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida 2007-2008 We Make Life Fun!! Bovton Bewh ;Z,eohm and Pm, Denrm21 nt The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan Purpose The purpose of this plan is to guide and assist staff in systematically offering quality recreation programming to customers/residents who live, learn, work, play and visit Boynton Beach. We bring people together from the community, neighboring cities and visitors from out-of-state to enjoy leisure opportunities. We strive to meet the social, educational and recreational needs of our culturally diverse population including children, adults and seniors. Mission We exist to engage Boynton Beach citizens in diverse recreational experiences and to cultivate parks and open spaces. Inventory Located in Southeast Florida in Palm Beach County, Boynton Beach is known as the "Gateway to the Gulfstream" and is the third largest city in the county. According to U.S. census statistics, the population of Boynton Beach in 2000 was an estimated 60,389. Estimated population in July 2005 was 66,885 (+10.8% change) with 70% white, 23% African-American and 7% Asian, Hispanic or of two or more races. The median resident age is 41.8 years. The median household income is $39,216 and the median house value in 2005 was $215,300. The majority of the households, 60%, are comprised of families with 42% having children under the age of 18. The remaining 40% is comprised of single non -family households with 18% of those being seniors, 65 and over. The Recreation & Parks Department maintains and operates more than 38 sites for recreational use. During FY 05-06, the Department held 446 (registered) programs in art, fitness, dance, music, sports and annual seasonal events servicing almost 6,000 citizens. The Department also offered free events including Senior Holiday Socials, Halloween Spooktacular, and Spring Eggstravaganza that were hosted for hundreds of citizens. The FY 05-06 cancellation rate of programs, due to low enrollment, was 15%. The City of Boynton Beach Recreation & Parks Department offers programs, classes and events by season: Fall, Winter/Spring and Summer. Program planning is currently conducted by staff as a response from wait lists, verbal feedback from participants and parents, surveys. instructor requests and general observations. Department staff follow guidelines set forth by the City, ADA and Department policies. Budgets, both General Fund and Revenue Fund, are submitted annually. The Revenue Fund budget consists of revenue received from program fees, and is used to pay instructors, to purchase supplies and to pay for other contractual services. The Department surveys neighboring cities (West Boynton Beach, Lake Worth, Palm Beach County, Delray Beach) and facilities (YMCA, HOA clubhouses) that offer programs and activities and lists their offerings as reference. The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 1 Target Audience Citizens of Boynton Beach Secondary Target Audiences Unincorporated Boynton Beach residents Other Palm Beach County residents Other local government agencies Local businesses Local corporations The Palm Beach County School District The Palm Beach County Board of Commissioners Local Hospitals Local Homeowners Associations Greater Boynton Beach Chamber of Commerce Palm Beach County Convention and Visitors Bureau Palm Beach County Sports Commission Palm Beach County Cultural Council Florida Festival and Events Association Florida Recreation and Parks Association Boynton Beach Mall Kiosk Recreation and parks is not a mere expenditure, but an investment in the future for the viability of people and places. Recreation and parks provide these economic and environmental benefits to our community: • Economic stimulation • Reduced health care costs • Reduced vandalism and crime • Source of added revenue • Increased value of property • Increase in tourism • Productive workforce • Environmental and health protection • Physical health and well-being • Stress reduction • Enhanced property values • Clean air, clean water, clean parks • Preservation of open space • Protection of the ecosystem Analysis Recreation and parks programming contributes to the health of residents, provides a variety of recreational and educational activities to people of all ages, and preserves and enhances the quality and integrity of the natural environment. Recreational opportunities are also significant in attracting visitors to the community and contributing to local tourism and economic development. With the increase in development come new issues, expectations and The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 2 demands for recreational activities. Recreation services continue to be an integral part 0: establishing and sustaining a higher quality of life and affect the community by its ability to • Provide social benefits by connecting people within our community regardless of income, background and ability. • Provide economic benefits by improving the quality of life in the community and helping attract businesses and residents to the city. • Provide benefits to individuals and the community by promoting physical fitness and self-improvement. This plan addresses several components of each division: • Vision • Program Description (overview) • Fee Based Programs • Free Programs/Events • Issues (general challenges) • Strengths • Weaknesses • Measurement Targets (area of improvement) • Surveys and Evaluations Facility Information Art Center — 125 SE 2"d Avenue — (561) 742-6221 Vision: We exist to provide high quality art education programs and creative family events to individuals of all ages. Program Description: The Art Center hosts 19 year-round programs, 11 seasonal (summer) programs and 10 special events. Types of programming include mommy & me classes, preschool classes, art lessons for children and adults, fitness programs.. after-school, summer and school break camps and seasonal events. Fee Based Programs: Fees collected from registration are used to pay instructors, purchase supplies and pay for other contractual services (trips and guest artists). Free Programs/Events/Activities: The center offers free events budgeted for in the revenue fund such as Daddy & Daughter Valentine Dance. Issues: The Art Center is currently operating at capacity in three classrooms and one pottery room. Evening hours, three days a week, have been added and Saturday hours have been extended to cover the demand for programming. Surveys often state that more space is needed to offer additional programming for non -school age children during the day. Lack of qualified part-time and seasonal staff and instructors to operate programs. Continuing to provide exceptional customer service and quality programming with the resources available. The Citv of Boynton Beach Recreation & Parks Department Recreation Programming Plan Strengths: • Provides art education to youth who are not exposed in the school system or at home. • Years of experience in developing programs. • On-going communication with participants. • Provides affordable, safe programs and care for the youth in the community. • Provides special family events for the community. • Provides an environment where families can interact. Weaknesses: • Ability to maintain staffing levels at desired ratios. • Limited teen programming other than during the summer. • Lack of space to increase number of programs offered. Measurement Targets: • Hire and retain qualified staff by working with local colleges and high schools. • Continue to develop staff by offering training that is beneficial and holding regular staff meetings to obtain feedback. Continue to provide safe, educational and enriching environment to the youth by providing safe and clean facilities and offering new program ideas and activities. Civic Center - 128 E. Ocean Avenue - (561) 742-6240 Vision: We exist to provide quality recreation, education and cultural experiences for patrons of all ages. Program Description: The Civic Center hosts 16 year-round programs including youth dance classes, fitness programs, adult dance and rentals (Jazzercise and Castoffs). Fee Based Programs: Fees collected from registration are used to pay instructors, purchase supplies and pay for other contractual services. Free Programs/Events/Activities: The center offers free activities budgeted for in the Revenue Fund such as, Busy Fingers and Knitting. Issues: • The Civic Center is currently operating at 90% capacity. • Lack of qualified instructors to operate programs. • Continuing to provide exceptional customer service and quality programming with the resources available. Strengths: • Provides education, physical activities and cultural events for children and adults. • Years of experience in developing programs. • On-going communication with participants • Provides affordable, safe programs in the community. • Provides an environment where families can interact. Weaknesses: • Lack of teen programming. Measurement Targets: • Continue to develop staff by offering training that is beneficial and holding regular staff meetings to obtain feedback. • Continue to provide safe, educational and enriching environment to the class participants and clean facilities and offering new program ideas and activities. The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 4 Denson Pool — 225 NW 12th Avenue (561) 742-6645 Vision: We exist to promote, develop and implement the aquatics needs of ? general public through drowning prevention, basic water safety and the overall enjoy supervised open swim. Program Description: The aquatics facility will be utilized as a community pool tha, caters to patrons of all ages. Programming will include basic water safety classes, swim lessons, water fitness, local school swim programs, aquatic programs and open swim. Issues: • Participants will become accustomed to paying a small fee to swim. • The capacity of the pool will limit open swim. • Developing programs that cater to the need of the community. Strengths: • Pool supervisor is a certified instructor and can certify staff when necessary. • The facility serves as a multi-purpose aquatic venue for various programming, party rentals, competitive swim as well as the community pool. • Affordable admission and program fees in comparison to local aquatic facilities. • With the pool in close proximity to a recreation facility; customers will have convenient access to both facilities. Weaknesses: • Staff who lack water safety instruction certification. • Not able to communicate with customers due to language barrier. • Limited pool depths do not provide for programs such as diving, scuba and synchronized swimming. Measurement targets: • Staff will be required to attend mandatory trainings to maintain various certifications and stay current with pool related issues or trends. • Staff will troubleshoot issues and concerns with regards to programming, attendance and customer concerns as they arise and immediately seek rectification in order to move forward. Ezell Hester Jr. Community Center -- 1901 N. Seacrest Boulevard -- (561) 742-6550 Vision: We exist to provide a safe haven and a positive venue for fellowship for the surrounding community with organized recreational activities, games and sports for individuals as well as families. Program Description: Hester Center hosts four year round programs, 13 seasonal programs, and two special events during the year and offers space for the grant funded Juvenile Transition program and other organizations. Fee Based Programs: Fees collected from registration are used to pay instructors. purchase supplies and pay for other contractual services. Free Programs/Events/Activities: Hester Center offers free activities which are budgeted in the Revenue Fund such as Open Gym, Game Room, Halloween Spooktacular and Egg Stravaganza. Issues: • The Center has severe roof leaks during heavy rain falls. Repairs have been made but there are still leaks. • The weight room is in need of need equipment. Existing equipment is worn and needs to be replaced. The appearance and questionable safety of the room brings down the quality of the Center. The Citv of Boynton Beach Recreation & Parks Department Recreation Programming Plan Strengths: • Offers a full range of outdoor and indoor activities. • Staff communicates and interacts with surrounding neighborhoods. • Provides a safe haven for the community. • Addresses the physical and leisure needs of youth, teen and adults. • Fosters cohesive relationships and build trust in program participants. • Develops relationships among peers and individuals. • Promotes health and wellness to improve physical and emotional health. Weaknesses: • Deficient in evaluating cancelled programs to determine the possibility of offering replacement programs. • Lack of sponsorship and donations to cover or subsidize program expense. • Monitoring of revenue and general budget expenses to ensure proper use of accounts and accountability. Measurement Targets: • Increase fees to cover the full cost of program expenses. • Continue to develop family oriented activities that cater to the need of the community. • Continue to examine programs resources and needs. • Continue to enroll staff in training that enhances their knowledge of the department's mission which is to provide quality recreational activities. Intracoastal Park Clubhouse — 2240 N Federal Highway — (561) 742-6650 Vision: We exist to benefit our customers by providing assistance with recreation program registration, serve as an information source to citizens and visitors, provide high quality, diverse recreation programming and assist the community by providing an outstanding rental facility. Program Description: As a new facility, Intracoastal Park clubhouse will be utilized as an outstanding rental facility for community use at reasonable fees. Types of programming will initially include art and fitness programs. New program ideas will be developed with input from the community and through various methods of research. Issues: Developing new programs through research, planning and evaluation by using staffs abilities to create experiences that involve people directly while engaging their psyches in the process to make the right kind of things happen for the customers. Strengths: • Location of the facility on the Intracoastal Waterway, which is unique to Boynton Beach and to surrounding communities. • New facility with state of the art equipment. Weaknesses: Lack of initial recreation programming. Lack of available recreation staff to help facilitate programming and facility coverage Measurement Targets: • Use survey feedback in developing programs • Develop and plan for a minimum of ten programs during FY 07-08 The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 6 Senior Center - 1021 S. Federal Highway - (561) 742-6570 Vision: We exist to provide a variety of services to those in our community who are mature adults, ensure their physical, mental & emotional well being, improve their quality of life and enhance the stability of our community as a whole. Program Description: The Boynton Beach Senior Center hosts 46 year round programs, 13 seasonal programs, 15 special events and 13 evening rentals during the year. Fee Based Programs: Fees collected from registration are used to pay instructors, purchase supplies and pay for other contractual services Free Programs/Events/Activities: The Senior Center offers 50 free programs which are budgeted in the revenue fund. All special events are paid for through sponsorships except the Fashion Show and Heath Fair where there is a fee. Issues: • The Center has severe roof leaks in the new section during heavy rain falls. Repairs have been made but there are still leaks. The roof needs to be replaced Strengths: • Nationally Accredited Senior Center • Offers a full range of indoor activities, day, lunch and overnight trips. • Communicates and interacts with surrounding communities, agencies and organizations. Provides a safe haven for the senior community. • Addresses the physical, mental, emotional well being and leisure needs of seniors. Fosters cohesive relationships and builds friendships between program participants. • Develops relationships among peers and individuals. Promotes health and wellness to improve physical and emotional well being. • Gives seniors a reason to want to live. Use of volunteers Weaknesses: Lack of educational/ intellectual programs Lack of funding to provide transportation for senior health needs (to doctors & dentists) • Lack of paid clerical assistance Measurement Targets: • Continue to develop senior oriented activities that cater to the needs of the community. • Continue to examine programs resources and needs. • Continue to enroll staff in trainings that enhance their knowledge of the department's mission which is to provide quality recreational activities. Identify three key outcome measures for the center and utilize these to augment the multiple program objectives currently used. Sims Community Center - 225 NW 12th Avenue - (561) 742-6250 The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan Vision: We exist to provide a safe haven and a positive venue for fellowship for the surrounding community with organized recreational activities, games and community events for individuals as well as families. Program Description: As a new facility, the Sims Center will be utilized as a community focal point for patrons of all ages. Programming will initially include programs for pre-school age children and senior citizens. Sims Center will serve as a premiere rental facility capable of supporting weddings, banquets, and family and community gatherings. New program ideas will be developed with input from the surrounding community and survey research. Issues: • Developing new programs by the evaluation of similar program locations of similar size and amenities. • Being responsive to the growing needs of the community. Weaknesses: • Limited staff and opening in the middle of a programming cycle will limit our programming until June 08. • Focusing on evening programs and establishing a relationship with the community as this is a very high profile project. Measurement targets: • Hire and retain qualified staff to begin our after school program for the 08-09 school year • Develop community relations with surrounding neighborhoods to adopt the facility as a special place of positive interaction. • Make a difference in our community by providing an alternative to delinquent and deviant behavior by offering positive programs that will give people of all ages more choices for their leisure time. Tennis Center — 3111 S. Congress Avenue — (561) 742-6575 Vision: We exist to promote tennis as a lifetime sport and a means to sound fitness. Program Description: The Tennis Center offers lessons, league play and tournaments to youth through seniors. Fee Based Programs: Fees collected from registration are used to pay instructors, purchase supplies and pay for other contractual services. Free Programs/Events: Issues: • Number of permit holders has been declining for the past four years • Participation fees are very low Strengths: • Har-tru courts are very popular • Abundance of courts • Great location Weaknesses: High court maintenance Low revenue Staffing (i.e. difficult to retain part time employees) The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 8 Measurement Targets: • Re -organize staffing to reduce provide adequate facility coverage and maintananC. - • Re -organize staffing to increase maintenance • Increase number of permits sold by 10% each of the next three years • Continue to market the facility, especially at new residential developments along Congress Avenue, Gateway Blvd., and south Seacrest Blvd, Program & Event Development • Research 1. Determine Constituent Needs -- Staff shall review: * Participant surveys to determine the community's interests * Review wait lists for classes currently in session * Boynton Beach Atlas to determine demographics, income, ages of residents, etc. * Marketing plan for demographic information and key target audience information * Needs Assessment (conducted every 5 years) Hold Brainstorming sessions to discuss ideas and suggestions Note Verbal Feedback from customers Research Trends 2. Determine Time and date availability of facility 3. Determine Fees by reviewing the Revenue Policy Manual and comparing fess of similar programs being offered 4. Determine the location — use of another facility, use of school board property (limited), parks & fields 5. Find Qualified Instructors by referral or contacting local colleges and schools 6. Review other agencies' offerings — community list on shared drive • Develop 1. Program description (benefit statements) 2. Outcomes — what the participant will learn/do/achieve that are listed on program worksheets and current participant surveys 3. Timeline - dates of class, deadline for supply order, flyers and releases out 6 weeks prior to start of class 4. Contingency Plan — new programs or changes to existing ones to compensate for loss of revenue in the event a program is not held 5. Instructor Agreement — typically valid for one year; states cancellation policy, fees, pay, dates and times of class and supplies needed. 6. Minimum and Maximum Registration — class is cancelled if it does not meet the minimum number of participants required to operate the program; minimum numbers depend on the size of the space and are based on a percentage (approximately 30%) of the maximum number. Ex. Min, 5 Max. 15; Min. 10 Max. 30; Min. 15 Max. 45. %. InterQepartrnental Merno — II necessary when coordinaLlllg department or dty- wide events • Budget The City of Boynton Beach Recreation S Parks Department Recreation Programmin- Plan 1. Class Fees — Resident rate is 25% lower than non-resident rate 2. Supplies - typically 15% of total resident fees 3. Instructor pay - 55% for programs when supplies are provided by the department, 70% for when supplies are provided by the instructor or participant 4. City retains 30% (when possible); in some cases (summer camps) do not retain 30% due to expenses 5. Revenue — obtained through Rec Trac reports and entered into Program Evaluation Form at the end of each season 6. Expenses - tracked and entered into the Program Evaluation Form at the end of each season 7. Requests for Payment — created and sent to Recreation Administration for processing, copies kept in budget books and amounts deducted from accounts Contacts 1. Volunteers — programs for teen & senior volunteers are currently utilized 2. Staff — other department staff if their assistance is needed 3. Press — contact reporter and/or photographer to increase chances of him/her making an appearance 4. Set up requests for involving special events crew/time/availability/scheduling Publicity & Marketing Staff review the Communication Tool Kit/Marketing Plan located in the Department Administrative Manual (DAM). Methods used to publicize programs are: 1. Flyers - submitted to and proofed by Art Center staff who will send to copier if more than 100 are needed; review Communications Tool Kit for information on flyer distribution methods 2. Media Release — using template on shared drive; submitted, proofed and released to media by Art Center staff 3. Water Bills — information submitted to Senior Manager 4. Web -site — submit request to Art Center staff 5. Funfarel Magazine — timeline created for each season; information submitted to Art Center Supervisor Financial Strate • Staff divide programs into the following four categories: 1. Stars — exceed revenue projections (keep the stars!) 2. Cash Cows — maintain steady participation and meet revenue projections (keep the cows!) 3. Problem Children — fluctuate and can not be labeled as a success or failure; one session goes, one is cancelled (work to improve the children!) 4. Dogs. — never come close to meeting projections (dump the dogs!). After program in cancelled three times in a given year, it is the center Supervisor's responsibility to eliminate the dogs and offer something new! This will be verified by Senior Managers at tri -yearly revenue fund program meetings. TheCityofBoy rogramming Plan Revenue Fund Tracking Reports 1. Facility supervisors report projected and actual revenue (obtained from reports in Rec Trac — registration software) each season on the Revenue Fund Tracking Report; due January 30, June 30, September 30. 2. This report, used to stay on track with revenue predictions and determine the "dogs," includes: Income: How do your overall figures compare to the budget? How do they compare to last season? How reasonable is the coming year's budget projections? Registrations: How did they compare to expectations? How did they compare to last season? Why are they up, down, or the same? What major factors influenced registrations this year? What is the average participants per class (#enrollments= # of classes held): Did average participants go up or down this year? What will you do to enhance average participants per class? What can Marketing do to help? Overall cancellation rate of programs: (divide # of cancelled classes by # offered): How does your section rate? Is it close to ideal (10-20%); a little high (20-25%) or too high (25% and up)? How does it compare to last year's cancellation rate? What modifications or changes in classes/programs need to be made? Surveys and Evaluations The Department currently surveys all of its participants at the end of each program (or session) and evaluates the program for future use. • Participant Surveys: The Department takes pride in assessing patron satisfaction through participant surveys. Surveys are collected at the end of each session. Results are tallied and entered into the Program Evaluation Form. If survey comments warrant action, supervisor will immediately contact participant. The current survey measures the following: 1. Publicity 2. Instructor 3. Facility 4. Customer Service 5. Reason for choosing the city's program 6. Recommendation of program to others 7. Objective (outcome) achieved Program Evaluation The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan II The evaluation of recreation programs takes place at the end of the program. Evaluations measure the overall plan, timeline, revenue and expenses and improvements/changes for next year. Evaluations help supervisors/managers to: 1. Determine if funds are wisely spent 2. Conduct services efficiently 3. Learn how to re -direct efforts 4. Reinforce staff efforts and recommend new direction 5. Evidence the strengths of services 6. Helps others anticipate problems in implementing similar programs Goal Our goal is to have an impact on others, and ultimately the world in which we live, in a positive way. Our humanity — our children's future — depends on the choices we make today. Reaching out to people who care about recreation and parks, and who care about their community, is our job. Everyone can benefit from physical activity, time spent in nature, and revisiting their heritage. We strive to make the importance of recreation and parks more evident to the public, by promoting our parks as the center of communities and our facilities as safe havens. Providing and developing enriching programs helps to create healthy communities, reduce crime and vandalism, foster business retention and expansion, and enhance tourism. We are good for the entire community! We have the capability to link citizen volunteers and professionals who support recreation and parks to work together to solve a number of shared problems. We work together to promote the development and the spreading of the body of knowledge that is growing daily ... about our profession, about how we help our citizens, and about how we effect positive change in our community. The Boynton Beach Recreation and Parks Department helps to strengthen our community's fabric, health and well being, economic base and security. Through diverse and innovative programming and broad partnerships, the Boynton Beach Recreation and Parks Department plays an important role in creating places for our citizens to create, imagine, play, learn & meet new friends. Plan Objectives: • improve efficiency and consistency in planning the department's programs and services • Develop Action Plans annually for the following fiscal year • Lower program cancellation rate from 15% to 11 % • Evaluate Plan annually Goal: Improve efficiency and consistency in planning the department's programs and services Action Plan: • Develop a Recreation Programming Team consisting of Recreation Supervisors and Specialists. Goal: Develop Action Plans annually for the following fiscal year Action Plan: The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 12 Team will review plan to ensure it represents the mission of the department in provia,! ,,: affordable, diverse recreational experiences that meet the needs and desires of the community. Team will review Revenue Tracking Reports for meeting or exceeding of revenue projections Team will continue to examine competitor's programs, resources and fees. Goal: Lower program cancellation rate from 15% to 11 % Action Plan: Dump the "dogs" Host brainstorming sessions with Recreation Supervisors and Specialists every three months. • Art Center supervisor will work with Marketing Committee to research trends analysis and share findings with team. Evaluation The Plan will be evaluated annually in September by the Recreation Programming Team, led by the Art Center Supervisor (Team Leader). The annual report will consist of how action plans were met, future action plans and recommended changes to the plan. After the annual report has been compiled, the Team Leader and Senior Recreation Managers will meet to discuss findings and prepare a final report for the department. The City of Boynton Beach Recreation & Parks Department Recreation Programming Plan 13 APPENDIX C City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida 4 Community Relations Plan We Make life Fun!! Boynnon Beach Recreation and Pork% Department .MINK, Introduction to the Community Relations Plan Community Relations Statement — There are greater threats to the viability of the Recreation and Parks Department than ever before. These threats include competition from surrounding Parks and Recreation departments, private organizations and an isolationist social culture that tends to shy away from organized activities. The Recreation and Parks Department stands boldly against the tide of such threats and is committed to educating the community on the benefits of recreation and parks and meeting the needs of the community. Further, the Department positions itself with the community to offer programming, facilities and open spaces that the community desires. The slogan of the Department is "We Make Life Fun!" These are not merely words but an attitude and a vision. The core goal of the Department is to leverage the talents. abilities and creativity of its employees and volunteers in providing engaging programs. safe accessible facilities and thriving open spaces for the Boynton Beach community to benefit from and enjoy. Purpose of the Community Relations Plan The purpose of the Boynton Beach Recreation and Parks Department's Community Relations Plan is to promote the marketing vision and unique selling proposition of the Department while developing and strengthening relationships with individuals and communities in and around the City of Boynton Beach. The basic purpose of the plan is to promote the Department as a structured and integral part of the Boynton Beach community through the provision of activity programming, events, facilities and open spaces. We strive to develop positive customer relationships which afford us the opportunity to leverage the creativity, discipline, integrity and stewardship of the Boynton Beach Recreation and Parks Department in providing energetic, propitious programs; safe, accessible facilities and open spaces for the community. To meet the outcomes of the Community Relations Plan, the Department must do the following: 1. Identify the communities who are, or should be, served by the Recreation and Parks Department. 2. Provide feedback mechanisms for these communities to communicate ideas, suggestions and concerns. 3. Remove any barriers that may inhibit the Department from cultivating relationships with the communities. 4. Develop a means to evaluate feedback and provide appropriate responses as necessary. City of Boynton Beach Community Relations Plan Page 1 of The Department serves the needs of the citizens of Boynton Beach and surrounding communities. The communities include, but are not limited to, West Boynton Beach, Delray Beach, Lake Worth, Lantana and communities in Palm Beach County. Our communities consist of youth, adults, families and senior citizens. Programming and the cultivation of parks and open spaces is designed to meet the needs of our growing communities and the diverse cultural and generational participants. The Department endeavors to connect with residents within the city and participants from surrounding communities. The Department, therefore, must make community relations an active and on-going effort to improve the quality of programming, facilities and open spaces. To achieve this goal, the Department must regularly cultivate opportunities to connect with, draw ideas from and garner support from the community. This can be accomplished through the distribution of surveys, participation in civic opportunities such as the Neighborhood Services meetings and Chamber of Commerce meetings, and through an annual presentation that prizes the input of citizens and participants. The results of such activities should be seen through increased attendance in programming, increased visitation to city recreation facilities, increased usage of Department maintained parks and open spaces and increased feedback from participants and end users. Customer Service Standards Every person who enters a Department recreation facility, utilizes a Department park or participates in a Department sponsored special event or program is not merely a participant but a valued partner with the Department. We exist to engage Boynton Beach citizens and valued partners from surrounding communities in diverse recreation activities and to cultivate parks and open spaces. The Recreation and Parks Department continually improves internal operations, procedures, policies and functions in order to deliver services effectively and efficiently. The following elements are keys to providing excellent customer service and properly valuing our partners in the success of the Department: 1. We will be consistent in the development of customer service policies and procedures. 2. We will utilize convenient feedback mechanisms to communicate with our customers. 3. We will be prompt in handling customer feedback. 4. We are problem solvers and will attempt to remove barriers in an effort to meet the needs of our customers. 5. We will aggressively train each staff member in properly managing circumstances and in providing excellent customer care. 6. We will continually seek to improve the quality of our customer care. City of Boynton Beach Community Relations Plan Page 2 of 5 7. We will be flexible and provide options for our customers. Our customer service standards are contained within the Department Administrative Manual and are regularly reviewed and updated as necessary and conveyed to each staff member. Community Relations Action Plan One — Community Relations Committee It is important to connect with the communities that we serve in order to garner support and feedback. It is vitally important to demonstrate a response to that feedback. In an effort to fully analyze and utilize the information garnered from meetings with community groups and from the annual presentation, the Recreation and Parks Department will develop a seven member team to serve as the Community Relations Committee with the Senior Center Supervisor and the Customer Relations Supervisor serving as permanent members. The committee will be made up of volunteers, but must include at least one Parks representative and one Department administrative representative. The committee term will coincide with the Department's fiscal year with new volunteers added in October of an odd numbered year. Members of the committee will be volunteers; however, should insufficient number or representation from appropriate sections not volunteer then the Senior Managers, the Parks Superintendent or the Department Director will assign members to the committee as needed. The committee will meet once a month to: • Review and evaluate feedback garnered from community and civic meetings • Review and evaluate survey responses • Create action plans in response to feedback and surveys results • Create and organize an annual report, due no later than December of each year, summarizing meeting feedback and survey results and actions taken in response to the feedback The Community Relations Committee will also be responsible for reviewing the Community Relations Plan on an annual basis. The committee will be responsible for evaluating the completion of goals or action plans contained within the plan and creating new goals and action plans. Once the plan has been reviewed and updates or changes made, the plan will be submitted to the Leadership Team for final review and implementation. Community Relations Action Plan Two — Semi -Annual Presentations In an effort to cultivate community involvement and input, the Department will institute or participate in Semi_Annual Presentations .n .vh,ch each section Within. t _ Department will present information pertaining to that section as well as allow participants and concerned citizens within the City and surrounding communities to City of Boynton Beach Community Relations Plan Page of c express ideas, suggestions and concerns. The first presentation will be conducted in conjunction with the Citizen Services Institute in October 2007. The second will be conducted by April 2008. A letter of invitation, distributed at least two weeks in advance, will be distributed to current and previous participants and an open invitation posted in local media one month in advance will announce the day, time and location of the presentation. This presentation will afford the Department an opportunity to promote the benefits of recreation and parks to the various users and potential users. This presentation will also garner for the Department a better understanding of the needs, interests and concerns of its users and potential users to better present programs and better cultivate parks and open spaces as the presentation will encourage attendee feedback. Based on attendance and feedback response, the Community Relations Committee will re-evaluate the success of the annual presentation to better determine if to continue or how to continue such presentations in the future. Community Relations Action Pian — Community Meeting Attendance Community Relations Committee members will regularly attend local community meetings, such as home -owner's association meetings, and civic organization meetings. This interaction will allow the committee, and the department by extension, an opportunity to network with local communities in an effort to generate support for the Department and its mission. Each member will attend at least one meeting each and participate in the annual presentation. The results of such relationships should: • generate a positive image of the Recreation and Parks Department • produce ideas for programming that meet the needs of the community • see an increase in participation in Department programming • generate information from users on how and why they utilize our parks system (we hope to discover reasons for non-use of the park system, as well) • generate suggestions on improvements they would like to see in their neighborhood parks. Each Community Relations Committee member will complete a report summarizing the nature of the meeting attended and any suggestions, concerns or ideas generated. Evaluation of the notes will be conducted per action plan one and any new action plans formulated will be detailed in the annual report. Community Relations Action Plan Four — Where to Turn Guide Providing valuable information on the Recreation and Parks Department is a key ingredient in maintaining a healthy relationship with the communities the Department supports. However, there are times when members of the community require information that may be outside of the Department's normal reserve of information. To meet the needs of our community, the Department offers contact information for a variety of services offered by the city, county and even the state. This list of contacts will be maintained by the Community Relations Committee and updated annually. The Community Relations Committee will work with internal staff in developing the City of Boynton Beach Community Relations Plan Page 4 of 5 Department's own "Where to Turn" guide that will be a resource for all staff in order that we might assist our communities when they need support services outside the realm of the Department. The committee will begin collecting information in October, 2007, with an expected completion date of December, 2007. The "Where to Turn" guide will include agency names and phone numbers and, where possible, specific contact information. Additionally, the committee will endeavor to create relationships with outside agencies in order to best direct our customers to the appropriate agency and in turn have those agencies refer their customers to the Boynton Beach Recreation and Parks Department. Plan Evaluation The Community Relations Committee will meet in August of each year to evaluate each action plan and develop new action plans to be implemented in October. Action plans may roll-over from one year to the next if they successfully garner the Department positive exposure; generate feedback that can effectively improve programming, Department facilities and parks; increase attendance in Department programs or increase usage of parks; and demonstrate relevance or need. Completed action plans that have either no results, negative results or are no longer relevant may require modifications before attempting again or may require removal from the plan for the new evaluation period. Action plans are evaluated on the following: • how well they generated feedback from the community • how well the implementation of the plan established or cultivated relationships with communities or agencies • how well they improved programs and program attendance • how well they improved parks and open spaces and parks usage. Once each action plan has been evaluated new action plans will be created for the new evaluation period. The Community Relations Plan should include at least three action plans, which may consist of new goals or rolled -over goals. The evaluation period will run from October until September. Summary of the Community Relation Plan The Recreation and Parks Department Community Relations Plan will afford the Department an opportunity to build and strengthen relationships with local communities. These relationships will build lifelong participants in recreations programs, encourage use of Department maintained facilities and parks and develop a reliable feedback mechanism to continually improve. By creating successful feedback mechanisms, improving relationships with local communities and agencies and exceeding the needs of our customers the Boynton Beach Recreation and Parks Department will truly make life fun. City of Boynton Beach Community Relations Plan Page � of r-- 0 • r---4 $-') CO APPENDIX D City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida 2007-2008 Maintenance Management Plan We Make Life fun! Boynton Beach Recreation and Parbs Department r CAPRA Park Maintenance Plan I. Introduction The Park Maintenance PIan was developed initially for two reasons. The first reason was to meet the requirements of the Accreditation Process. Tlie second was to assure that the maintenance of parks in Boynton Beach meets certain expectations. A comprehensive Park Maintenance Plan is the backbone of the City's park system. A Park Maintenance Plan addresses routine. regularly scheduled tasks, preventative tasks. scheduled improvements and emergence repairs. The Plan identifies areas of responsibility. types of maintenance and standards for the different types of maintenance. Additionally it contains a task - based reporting system that will allow the City to identify real time efforts into the different areas of responsibility, types of maintenance tasks performed, and time allocated per employee for maintenance task. II: Objectives The objectives of the Park Maintenance Plan are: • To communicate the conditions of the park system to the Recreation and Park staff, City management staff, elected officials and the general public. • To improve park conditions. • To assure equitable and necessary allocation of resources. III. Benefits The benefits of having a Parks Maintenance Plan are: • Improve consistency and minimize subjectivit,,,- when assessing park conditions. • Identify maintenance issues so that they are handled properly and efficiently'. • Identify routine and future maintenance needs. • Identify needs for major renovations or capital improvements. IV. Overview A. Existing Park Svstem The current part: system is made up of ;2 parks.. cemeteries and open spaces in the following categories: Bovnton Beach Parks Maintenance Nlanual Urban Open/Civic Space Acres Neighborhood Parks Acres Bicentennial Park 0.60 Boynton Lakes Park 8.6 Edward Harmening Arbor 0.46 Civic Center 0.8 Heritage Park 0.24 Forest Hills Park 4.8 Hibiscus Park 0.83 Galaxy Park 3.7 Kiwanis/Sierra Club Park 0.19 Laurel Hill Park 1.26 Veterans' Park 0.3 Meadows Park 7.2 TOTAL 2.60 Knollwood Park 3.3 Pence Park 2.9 Community Parks Acres Pioneer Canal Park 3.2 Congress Avenue Park 24.3 Betty Thomas 2.3 Ezell Hester Park 23.7 TOTAL 38.06 Wilson Park 5.44 TOTAL 53.44 Conservation Lands Acres Seacrest Scrub * 53.7 Special Use Parks Acres Rol I ing Green Scrub ** 8.0 Barton Mem. Park/Cemetery 6.4 Rosemary Scrub * 13.4 Boynton Beach Memorial Cemetery 12.41 TOTAL 67.10 Little League 12.8 Kids Kingdom 0.44 Water/Beach Access Acres Sara Sims Park/Cemetery 6.95 Boat Club Park 7.9 TOTAL 39.00 Intracoastal Park 9.4 Jaycee Park 5.5 Greenways/Bikeways Acres Mangrove Park 10.72 Palmetto Green 2.16 Oceanfront Park 10.7 TOTAL 2.16 TOTAL 44.22 This is a citywide total acreage of 247.45 acres of park, cemetery and open space lands. Additionally, the following areas are potential future park sites: Site Acres Quantum 15.0 Woolbright Place 3.5 FP&L 7.7 Girl Scout 9.7 Nichols Road 15.4 Nautica Sound 3.0 TOTAL 52.3 Thus, there is a potential for 299.75 acres of park, cemetery and open space lands in the City. Boynton Beach Parks Maintenance Manual 2 B. Maintenance Responsibilities The Recreation and Parks Department is responsible for the maintenance and improvements of the parks in the existing system. The maintenance at the Bovnton Beach Memorial Park has been contracted-. however. the Parks Division is also responsible for burials and entombments at the cemeteries. Additionally. the Department assists in special events and other duties as required. C. Recreation Demands on Parks Most of the parks are heavily used. especially on the weekends. The most popular parks are: • Oceanfront Park • Intracoastal Park • Meadows Park • I-lester Park • Wilson Park • Little League Park • Kids Kingdom • Boat Club Park • Jaycee Park V. Park Management A. Existing Staff POSITION NUMBER Parks Superintendent l Parks Manaaer 1 _ Crew Supervisor Crew Leader _ 2 Park Maintenance Specialist Parks Maintenance Worker, Senior------ Park enior-- 'Park Maintenance Worker_ 9 Cemetery Sexton 1 B. Budget The following shwws the budget for parks maintenance and cemeterN maintenance for fiscal years 2007/08: BoNnton Beach Parts Maintenance Manual 1. Parks FY 07/08 $1,822,940 2. Cemetery FY 08/08 364,100 C. Contracting Versus In -House Maintenance 1. In-house Crews The advantages of having in-house crews include having people available to do anything and everything that needs to be done while meeting the City's quality standards. The City also has an identity or personality that is reflected in the maintenance of its parks and this identity can easily be unproved by using in-house crews. Quality control is better with in-house crews because they must live with their mistakes and can be proud of their accomplishments. The crews are able to respond to emergencies quickly and the workforce is generally more stable. No administrative time is required to write and monitor contracts. In-house crews can also become specialized. In most situations, the decision to use contracting, in-house staff or a combination of both is usually made on the basis of cost, quality of service required and past practice. 2. Contracted Services Typical contracted services include preparing park maintenance programs and reports, planting, pruning, turf care, flower growing and maintenance, general maintenance, trash removal, and management consulting for writing and overseeing contracts, preparing all types of documents, and conforming to all regulations. Some examples of the advantages of contracted park work include the following: • Costs can be lower depending on how the costs are calculated. • The contractor provides employees with supervision and training • There is no pay for any work that does not meet specified quality • Contractors are motivated by profit. • Quality can be obtained with well written contracts and hiring conscientious contractors. Regardless of whether the work is done by park employees or by contracted labor, it is important that everyone takes pride in his or her work. When a project is done, it should look nice and meet the standards Bovnton Beach Parks Maintenance Manual 4 required by the cite, �� hile workers ma\ not be interested m doIM" projects that seem very insi-riilicant or vvdl not he seen by the public% thea need to know the project vrill make future maintenance easier or tllore efficient or that there is some other reason fi)r doing it. AVoders should know the maintenance level that is acceptable. They should he taken to the job site and shovyn what is acceptable and what is not. 1'liey must develop respect for the parks. for the citN. and for themselves. Thev should be inspected at least once a day to review their performance and to rind out 11' they have any suggestions for making the job easier or better or more productive. VI. Maintenance Plan The Maintenance Plan contains several elements. The first item is the maintenance goals and objectives. The second item is the Maintenance Standards, which provide detailed description of acceptable levels of maintenance. They are separated into different types of facilities and are task specific. The third element is the list of Tasks to be performed in each type of facility based on the Standards. 'The fourth element is the Code Listing. which designates a numerical code for each park. each task category and each position. The fifth element is the Daily Report Form. which is the recording and reporting vehicle for the maintenance task. This information is entered into a computer program, which will be used to determine real-time maintenance requirements. The last element is the monthly inspection forms. The maintenance tasks are analyzed on the monthly basis for each park. A checklist is used to determine which tasks are up to standards. A percentage of those tasks up to standards is determined. Each pari: is given an overall percentage of the tasks up to standards. A. Maintenance Standards The Maintenance Standards is a detailed description of acceptable and expected Level of maintenance in different facilities in parks. Each type of general facility is assigned a numerical designator to be used for data entry. Categories include: • 01. Athletic Facilities • 02. Playgrounds • 03. Pavilion/Shelter Facilities • 04. Tennis Courts 0 05. Basketball Courts • 06. Sand Volleyball Courts • 07. Ponds/Waterways • 08. Parks -- General Standards • 09. Cemetery lim mon 13cach Parks Maintenance Manual The Maintenance Standards are used by the parks maintenance crews as guidelines to appropriate park maintenance. The standards are as follows: MAINTENANCE STANDARDS FOR PARKS AND FACILITIES 01. ATHLETIC FACILITIES: COMPETETIVE FIELDS A. Turf 1. Turf has a healthy dense stand of grass and coverage is no less than 95% of playable area. 2. Appropriate grass for warm seasons is Common Bermuda or Hybrid Bermuda and for cool seasons is Perennial Rye Grass if required. 3. Play area has a uniform surface and well drained. 4. Turf is mowed at the appropriate height for the type of grass used, the time of the season, and the type of field use. 5. Turf is free of any litter or debris. B. Skinned Infields 1. Infields have a uniform surface and is free of lips, holes and trip hazards. 2. Infields are well drained with no standing water areas. 3. Infields have proper soil consistency for intended usage. 4. Infields are free of weeds and grass. 5. Infields are free of rocks, dirt clods, and debris per Little League and other leagues rules and specifications. 6. Bases and plates are properly installed, level, and are at the proper distances and anchored in accordance to manufacturer's specifications and league requirements. C. Soccer Goals 1. Goals are made of lightweight aluminum. 2. Goals are properly installed and anchored. 3. Goal frames show no excessive bending. 4. Nets are in good condition and free of holes, tears, and fraying, which would allow a soccer ball to pass. D. Bleachers I . Hardware is intact. 2. Bracing is tightly connected. 3. Seating surface is clean, smooth, free of protrusions, and have no exposed sharp edges or pointed corners. 4. Bleacher areas have clean trash receptacles present and are in good condition. E. Lights 1. Electrical systems and components are operational and in compliance with appropriate building codes. Boynton Beach Parks Maintenance Manual 6 QW, of lamps for each field are operational_ No electrical conductinL, wires are exposed. 4. Ballast boles and components are properl� installed and secured. Lights provide uniform coverage on facilities and fixtures are adiusted to eliminate dark or blind areas. F. Fencing 1. Fencing- material is galvanized or plastic coated chain link and is the appropriate gauge wire for specified use. ?. Fencing material is properly secured to support rails. �. Support rails are properly connected and straight. 4. Fencing, is free of holes and protrusions. �. Fabric is straight and free of bending or sagging. 6. Gates and latches are operational. G. Restrooms 1. Restrooms are clean, sanitary, and properly stocked with paper products. �. Lights and ventilation systems are operational. hoilets. water faucets. stall doors. and hand air dryers are operational. 4. Restrooms are free of graffiti. Restroom doors are properly marked according to gender. 6. Restrooms have clean trash receptacles. 7. Restroom doors and locks are operational. S. Restrooms are in compliance with the requirements of the Americans with [disabilities Act. 02. PLAYGROUNDS A. Play Equipment 1. Play equipment and surrounding play areas meet ASTM and National Playground Safety Institute standards. ?. Play equipment and hardware is intact. �. Play equipment is free of graffiti. 4. Age appropriateness for the play equipment is noted xyith proper signage. -:,. Shade structure is secure and free from tears. B. Surfag'Rg 1. Fall surface is clean. level. and free of litter and debris. ?. Fall surface meets .ASTM and National Plavground Safety Institute standards. Fall surface is well drained. 4. Rubber cushion surfaces are free of holes and tears. 5. Rubber cushion surfaces are secure to the base material and curbing. Boynton Beach Narks Maintenance Manual C. Borders 1. Playground borders are well defined and intact. 2. Playground borders meet ASTM and National Playground Safety Institute standards. D. Decks 1. Planks are intact, smooth, structurally sound, free of splinters, and have no cracks greater than '/4 inch. 2. Nails, bolts, or screws are flush with the surface. 3. Planks are level with no excessive warping. E. Benches 1. Slats are smooth and structurally sound. 2. Hardware is intact and structurally sound. 3. Nails, bolts, or screws are flush with the surface. 4. Seats and backing are smooth with no protrusions and have no exposed sharp edges or pointed corners. 03. PAVILION/SHELTER FACILITIES A. Pavilions 1. Pavilions comply with the Americans with Disabilities Act requirements. 2. Pavilions are clean, sanitary, and free of graffiti. 3. Electrical plugs, lights, appliances, fans, and hot water heaters are operational and in good condition and comply with current building codes. 4. Pavilions are structurally sound, cleanly painted with no rotten lumber or rusted metal and no loose siding or loose shingles. 5. Pavilions are relatively pest and rodent free and regularly treated for ants, wasps, termites and mice. 6. Interior kitchens are equipped with an operational fire extinguisher. 7. Doors, windows, screens, and locks are operational. S. Water fountains, water faucets, exhaust vent fans, and hose bib connections are operational. 9. Signage with reservation and rules information and emergency telephone numbers is in a noticeable location. 10. Pavilion grounds are mowed and trimmed and free of litter, debris and hazards. 11. Vegetation around pavilions is trimmed back to reduce hazards and does not impede entry and regress. R QhPltPrc 1. Shelters comply with the Americans with Disabilities Act requirements. 2. Shelters are clean, sanitary, and free of graffiti. 3 T iohtc and electrical nluac are onerational and comply with current building • a---- r- a- codes. 4. Shelters are structurally sound, cleanly painted with no rotten lumber or rusted metal and no loose siding or loose shingles. Boynton Beach Parks Maintenance Manual 8 Vater fountains and hose bibs are operational. 6. Sigriage with reservation and rules information and emergency telephone numbers is in a noticeable location. 7. Grounds around shelters are mowed and trimmed and free of litter. debris. and hazards. 8. Vegetation around shelters is trimmed back to reduce hazards and does not impede entry and regress. C. Tables 1. Tables are clean. free of rust, mildew. and graffiti. 2. Table hardware is intact. 3. "Fable frames are intact and slats are properly secured. 4. Table seats and tops are smooth with no protrusions and have no exposed sharp edges or pointed corners. Tl Cri l l c 1. Grills are operational and free of rust and metal deterioration. 2. Grills are clean and free of grease build-up. 3. Grill racks are operational and secure to main body. 4. Grills are properly anchored to reduce hazards and theft. j. Underbrush, low limbs, and debris are cleared away from gill area to reduce possible fire hazard. E. Restrooms 1. Restrooms are clean, sanitary, and properly stocked with paper products. 2. Liuhts and ventilation systems are operational. 3. Toilets, water faucets, stall doors, and hand air dryers are operational. 4. Restrooms are free of graffiti. �. Restroom doors are properly marked according to gender. 6. Restrooms have clean trash receptacles. 7. Restroom doors and locks are operational. 8. Restrooms are in compliance with the requirements of the Americans with Disabilities Act. 04. TENNIS COURTS A. Surfacing 1. Surface is smooth. level. and well drained with no standing Nvater. Surface is free of large cracks. holes, and trip hazards. Surface is painted and striped in accordance with the United States Tennis Association court specifications. 4. Worn painted surfaces do not exceed 2V'o of total court surface. �. Surface is free of litter, debris, gravel and graffiti. R NPtc Nets are free from tears and frays. BoN nton Keach Perla Maintenance Manual 2. Nets are properly installed and secured to support poles. 3. Nets have center straps installed at the regulated height and are anchored to the court. 4. Support poles have hardware intact, properly anchored, and installed. C. Lights 1. Electrical systems and components are operational and in compliance with appropriate building codes. 2. 90% of lamps for each court are operational. 3. Timers are properly set for specific hours of operation. 4. No electrical conducting wires are exposed. 5. Ballast boxes and components are properly installed and secured. 6. Lighting controls with operation instructions and information are conveniently located for easy access. 7. Lights to give uniform coverage on facilities and fixtures are adjusted to eliminate dark or blind spots. D. Fencin- 1. Fencing material is galvanized chain link and is the appropriate gauge wire for specified use. 2. Fencing material is properly secured to support rails. 3. Support rails are properly connected and straight. 4. Fencing is free of holes, protrusions, and catch points. 5. Fabric is straight and free of bending or sagging. 6. Gates and latches are operational. 7. Windscreens are tightly secured to the fencing and are free of tears and holes. 5. BASKETBALL COURTS A. Surfacing 1. Surface is smooth, level, and well drained with no standing water. 2. Surface is free of large cracks, holes, and trip hazards. 3. Surface is painted and striped per court specifications. 4. Worn painted surfaces do not exceed 20% of total court surface. 5. Surface is free of litter, debris, gravel, and graffiti. B. Goals and Backboards 1. Goals and backboards are level with hardware intact. 2. Goals and backboards are painted. 3. Nylon nets are properly hung and are not torn or tattered. 4. Support poles are secure in the ground and straight. C. Lights 1. Electrical systems and components are operational and in compliance with appropriate building codes. 2. 90% of lamps for each court are operational. Bovnton Beach Parks Maintenance Manual 10 1 imers -e properly set for specific holll"S of operatii�n 4. No electrical conducting wires are exposed �. Ballast boxes and components are proper;% installed and secured. 6. Lightingy controls vN�ith operation instructions and information is convenient1% located for ease access. 7. Lights to provide uniform covera(-,e on facilities and fixtures are adjusted to eliminate dark or blind areas. 06. SAND VOLLEYBALL COURTS A. Nets I. 'eels are fi-ee fr•orn holes and are not torn or tattered. ?. Nets are hung tightly at the specified height. 3. Nets are securely attached to the support poles. 4. Support poles to have hardware intact. properly anchored and installed. B. Surface 1. Court surface is loose sand. ?. Surface is smooth with good drainage and no standing water. 3. Surface is free of weeds. grass.. litter. and debris. C. Borders 1. Borders are well defined and intact. 2. Borders meet ASTM and National Playground Safety Institute standards. 07. PONDS/WATERWAYS A. Water 1. Aerators are operational. ?. Pond surface is at least 90", o clear of vegetation. Water area is free of trash and debris. 4. Bank areas are smooth and free of wash outs and erosion. B. Fishing Piers/Decks 1. Planks are intact, smooth, structurally sound, free of splinters, and have no cracks greater than '/4 inch. ?. Nails. bolts. or screws are flush with the surface. >. Planks are level with no excessive warping. 4. Handrails are present and structurally sound. �7,. Piers and decks comply with the Americans with Disabilities Act. C. Benches 1, Slat.,; are smooth and structurally sound. ?. hardware is intact and structurally sound. Nails. bolts, or screws are flush with the surface. lim nton Beach Parks Maintenance Manual 4. Seats and backing are smooth with no protrusions and have no exposed sharp edges or pointed corners. 08. PARKS: GENERAL STANDARDS A. Grounds 1. Grounds are mowed and trimmed. 2. Park is free of litter, debris, and hazards. 3. Parking lots are clean and striped (if applicable). B. Drinking Fountains 1. Fountains are accessible and operational. 2. Fountains are in appropriate locations. 3. Fountains are in compliance with the Americans with Disabilities Act. 4. Fountains are installed on solid surfaces and free of standing water and debris. C. Signage I . Park identification signs are secure and properly installed in a noticeable location. 2. Handicap parking signs are secure, visible, and to code. 3. Park Rules signs are secure and in a noticeable location. 4. Restroom signs are secure and visible. 5. Signs are clean, painted, and free of protrusions. D. Ornamental Plants 1. Plants are healthy. 2. Plant beds are free of litter, debris, and weeds. 3. Plant selection is appropriate for season and area usage. E. Walkways 1. Walkways have a uniform surface and are level with the ground and free of trip hazards. 2. Walkways are free of litter and debris. 3. Walkways meet the Americans with Disabilities Act requirements. 4. Walkways have unobstructed accessibility, i.e. free from low and protruding limbs, guide wires, etc. 5. Walkways are neatly edged. 6. Walkways are clear of weeds and grass growth in cracks and expansion joints. F. Trash Receptacles (random) 1. Receptacles are clean. 2. Wood receptacles are painted and free of damage or missing parts. 3. Hardware for wood receptacles is intact. 4. Concrete receptacles are intact and free of cracks or damage. 5. Roll -off containers and dumpsters are screened and placed in less intrusive areas. 6. Area around trash receptacles is clean and free of trash and debris. Bovnton Beach Parks Maintenance Manual 12 Area around roll -off containers and dumpsters is clean and free of trash ata{. debris. G. Ornamental Steel Fencing 1. Hardware is intact. ?. Fences are properly installed and anchored. 3. Support rails are properly connected and straight. 4. Bolts or screws are flush Nvith the surface with no exposed sharp points. �. Fencing is free of rust and properly painted. 6. Fence is straight with no excessive bends. 7. Gates and latches are operational. H. Chain Link Fencing 1. Fencing material is galvanized chain link and is the appropriate gauge vvire for specified use. ?. Hardware is intact. 3. Fences are properly installed and anchored. 4. Support rails are properly connected and straight. �. Bolts or screws are flush with the surface with no exposed sharp points. 6. Fencing is free of holes and protrusions. 7. Fabric is straight and free of bending or sagging. 1. Wood Fencinc, 1. Fences are intact, structurally sound. and free of deterioration. ?. Nails, bolts, or screws are flush with the surface with no exposed sharp points. 3. Fences have no excessive cracks or splintering. J. Lights: Security and Exterior Facility Lights 1. 90% of security and facility lights are operational. ?. No electrical conducting wires are exposed. 3. Lights comply %vith current building codes. 4. Electrical components are operational, properly installed, and secured. K. Bridges I . Bridges have a uniform surface and are free of trip hazards. ?. Lumber is structurally sound, free of cracking, deterioration, and splintering, 3. Bridges comply with the Americans with Disabilities Act requirements. 4. Bridges have handrails intact and is properly installed and anchored. �. Bridges are free of litter and debris. L. Oren Fields 1. Athletic practice areas are free of litter and debris. I Areas are mowed at the appropriate height and are trimmed. �. Area has a uniform surface and well drained. 4. :'areas have clean trash receptacles present that are in good condition. Boynton Bcach Parks Maintenance Manual M. Irrigation 1. Irrigation system is fully operational with complete uniform coverage. 2. System is free of leaks. 3. Heads are installed according to intended use. 4. Heads are properly adjusted with rotations and arcs set to reduce water run off. 5. Systems are set to run at specific times to minimized water evaporation and waste. N. Picnic Units 1. Tables are clean, free of rust, mildew, and graffiti. 2. Table hardware is intact. 3. Table frames are intact and slats are properly secured. 4. Table seats and top are smooth with no protrusions and have no exposed sharp edges or pointed corners. 5. Grills are operational and free of rust and metal deterioration. 6. Grills are clean and free of grease build-up. 7. Grill racks are operational and secure to main body. 8. Grills are properly anchored to reduce hazards and theft. 9. Underbrush, low limbs, and debris are cleaned away from grill area to reduce possible fire hazard. 10. Trash receptacles are clean. 11. Wood trash receptacles are painted and free of damaged or missing parts. 12. Hardware for wood receptacles is intact. O. Benches 1. Hardware is intact and structurally sound. 2. Nails, bolts, or screws are flush with the surface. 3. Seats and backing are smooth with no protrusions and have no exposed sharp edges or pointed corners. 09. CEMETERY 1. Burial or entombment is done according to procedures 2. Disinterment or disentombment is done according to procedures 3. Other B. Tasks to Be Performed The third element of the Maintenance Plan is the List of Tasks that to be performed at each facility. This list includes the task itself, the number of like type of facilities and the frequency that the task needs to be done. The List is as follows: TASKS Boynton Beach Parks Maintenance Manual 14 CODE I TASK DESCRIPTION W ATHELETIC FIELDS --_ — The >ollotirin for Little Leauue N10w fields -------- Rake clay and add clay Fertilize — Pesticide application Aerify Topdress infields with sand Cut out base lines and add cla) Re<urade .-Sod ---- ---- -- 1 Check irrigation Inspect irrigation pumr Inspect irrigation clock # OF FREQt ENCI UNITS --- - - - --- -- -- -- - _ _ _ 4 ', As needed -- ------- 4 As needed 4 _' times per month As needed 4 ! 4 times per year 4 4 times per year - 4 ! 1 time per year 4Ever\ 4 \ ears 4 As needed _ 4 3 times per week 4 Dai 1 �-----------_ - 4 3 times per v eek Check backstops and fencing 4 W'eeklN 4 ! 4 times per year 4 4 times per year - 4 ! 1 time per year 4Ever\ 4 \ ears 4 As needed _ 4 3 times per week 4 Dai 1 �-----------_ - 4 3 times per v eek Check backstops and fencing 4 W'eeklN Check bleachers and benches_ 4 Clear any debris or litter 17 Check for damage or needed repairs _ - - 17 j Check for inadequate protective surfaces 17 Check mulch and sand for undesirable objects } / Check heavy use areas (slides and swings) for 17 surface compaction Lli Check equipment for deterioration (rot. rust 17 Bovnton Beach Parks Maintenance Manual 15 Check backstops and fencing 4 W'eeklN Check bleachers and benches_ 4 � times per week Drago, line and rake infields _ - 4 ; times per week Check bases and plates - 4 -- Daily Check lights 4 Weekly Check restrooms 4 Dail\ * Fur all other Athletic Fields I Mow fields 6 As needed y_ and add clay Rake clahertilize 6 :'1s needed - i -' ------- - __-.-- _-_- __-- 6 As needed r Pesticide application 6 2 times per month Aerify 6 4 times per year fopdress infields with sand 6 '', 4 times per year _ Cut out base lines and add clay 6 1 times per year Regrade - - ----6 I very 4 years ---- --- +Sod 6 1s needed Check irritation Weekly - -- s and plates I Check- Check - - -� 6 - - - Weekly Check 14-hts 02 PLAYGROUNDS (All Weekly) Clear any debris or litter 17 Check for damage or needed repairs _ - - 17 j Check for inadequate protective surfaces 17 Check mulch and sand for undesirable objects } / Check heavy use areas (slides and swings) for 17 surface compaction Lli Check equipment for deterioration (rot. rust 17 Bovnton Beach Parks Maintenance Manual 15 Boynton Beach Parks Maintenance Manual 16 cracks, splinters, corrosion at ground contact) Check for unstable anchoring of equipment 17 Check for any loose or worn connections, covering or fastening hardware 17 Check all moving parts 17 Check for obstacles in equipment use zones 17 Check for drainage problems 17 Check for sharp points, protrusions, projections 17 Check for tripping hazards 17 Check for insects 17 03 SHELTERS/PAVILIONS Blow, sweep or wash floor 34 As needed Empty trash container and rebag 34 As needed Clean grills and surrounding area 34 As needed 04 TENNIS COURTS Clear court of debris or loose material 29 Weekly Check fencing, windscreens and nets 29 Weekly Check lights 29 Weekly Remove weeds from around court 29 As needed 05 BASKETBALL COURTS Clear court of debris or loose material 13 Weekly Check fencing and nets 13 Weekly Check lights 13 Weekly Remove weeds from around court 13 As needed 06 VOLLEYBALL COURTS Clear courts of debris or loose material 6 Weekly Check nets 6 Weekly Replace sand 6 As needed Remove weeds 6 As needed 07 PIERS Check for trash and damage 2 Weekly Boynton Beach Parks Maintenance Manual 16 08 PARKS - GENERAL STANDARDS MoNN weekly (Mar Nov) Mow biweekly (Dec - Feb) 28 BiN.',-eekly frim shrubs with new grov,,th reaches 4" 28 As needed Fertilize sod 28 2 times per year _ Fertilize shrubs 2)8 -times per year Fertilize palms and trees -_ _ _ 28 2 times per year _ Nlulch to a minimum depth of 4'" 8 Ycarl� Line trim ?8 1 When snowed - _ -- Ed( -,e-- NV Igen mowed Blow hard surfaced areas .'8 ! When mo,, ed Check bocci and horseshoe courts 28 \k`eekIN Check walking trails weekly for tripping 28 Vdeekl-, hazards, erosion and debris Check for damage to facilities, graffiti 28 ' Weekly vandalism, broken or missing handrails or guardrails, damage to fences or signs Check for needed repairs to benches, lights. 28 ' NVeekly trash receptacles. bike racks" tables, grills. water fountains Clean fishing line collection receptacles - 28 Weekly 09 CEMETERIES _ As Scheduled Burials As Scheduled Entombments 10 MISCELLANEOUS MAINTENANCE C. Code Listing The fourth element is the Code Listing. Numerical codes are assigned the each type of position, each separate task to be performed and to each park- site. arksite. This information will be entered into a database and will be used to determine the length of time a particular task takes at a specific site. how much time a particular employee spend in a particular site or at a certain task, hwv much time it takes to maintain a type of facility or a specific park site. This information will be used to assure that resources are allocated effectively, to determine additional manpower needs. and to justify additional manpower needs. Boonton Beach Parks Maintenance Manual D. Daily Report Form E. The fifth element of the Maintenance Plan is the Daily Report Form. This form will be the recording and reporting vehicle used by each employee to record the work. The form contains entry areas for the employee name, employee personnel number, location, task code, length of time to perform the task, the labor or position code and an area for non-standard work description. It is as follows: DAILY REPORT FORM Employee Number Location Primary Task Code Hours Worked Labor Code Non -Standard Work Description TOTAL F. Monthly Inspection Report The maintenance tasks are analyzed on the monthly basis for each park. A checklist is used to determine which tasks are up to standards. A percentage of those tasks up to standards is determined. Each park is given an overall percentage of the tasks up to standards. An example follows: PARK MAINTENANCE STANDARDS SURVEY Park Inspected: Inspected By: Overall Percentage of Standards Met: Date Inspected: District: Quarter: Boynton Beach Parks Maintenance Manual 18 Place a "Y" in the space if the itern meets standards. Place an `'N- in the space t1 the item does not meet standards. I. ATHLETIC FACILITIES: COMPETETIVE FIELDS °/o of standards met: A. Turf I . Turf has a healthy dense stand of grass and coverage is no less than 95% of playable area. 2. .Appropriate grass for warm seasons is Common Bermuda or Hybrid Bermuda and for cool season is Perennial Rye Grass if required. 3. Pla\ area has a uniform surface and well drained. 4. 'I'urf is mowed at the appropriate height for the type of grass used. the time of the season. and the type of field use. Turf is free of am, litter or debris. B. Skinned Infields 1. Infields have a uniform surface and are free of lips. holes and trip hazards. 2. Infields are well drained with no standing water areas. 3. Infields have proper soil consistency for intended usage. 4. Infields are free of weeds and grass �. Infields are free of rocks. dirt clods, and debris as per little Lea-ue and ,amateur Softball Association rules and specifications. 6. Bases and plates are properly installed, level. and are at the proper distances and anchored in accordance to manufacturer's specifications and league requirements. C. Soccer Goals _1. Goals are made of lightweight aluminum. ?. Goals are properly installed and anchored. 3. Goal frames show no excessive bendino 4. Nets are in good condition and free of holes allow a soccer ball to pass. D. Bleachers tears. and fraving which would _ I . Hardware is intact. Seating surface is clean, smooth. and free ofprotrusions and catch points. 3. Bleachers are secured to concrete pads or firmly anchored to the `around. 4. Bleacher areas have trash receptacles present and are in good condition. E. Lights -1. Electrical systems and components are operational and in compliance with appropriate building codes. �. 90",b of lamps for each field are operational. 3. No electrical conducting wires are exposed. E3m nton Rcaeh ParLS Maintenance Manual I U 4. Ballast boxes and components are properly installed and secured. 5. Lights provide uniform coverage on facilities and fixtures are adjusted to eliminate dark or blind areas. F. Fencing 1. Fencing material is galvanized chain link and is the appropriate gauge wire for specified use. 2. Fencing material is properly secured to support rails. 3. Support rails are properly connected and straight. _4. Fencing is free of holes and protrusions. 5. Fabric is straight and free of bending or sagging. 6. Gates and latches are operational. G. Restrooms 1. Restrooms are clean, sanitary, and properly stocked with paper products. 2. Lights and ventilation systems are operational. 3. Toilets, water faucets, stall doors, and hand air dryers are operational. 4. Restrooms are free of graffiti. 5. Restroom doors are properly marked according to gender. 6. Restrooms have clean trash receptacles. 7. Restroom doors and locks are operational. 8. Restrooms are in compliance with the requirements of the Americans with Disabilities Act. II. PLAYGROUND % of standards met: A. Plav Equipment 1. Play equipment and surrounding play areas meet ASTM and National Playground Safety Institute standards. 2. Play equipment and hardware is intact. 3. Play equipment is free of graffiti. 4. Age appropriateness for the play equipment is noted with proper signage. 5. Shade structure is secure and free from tears. B. Surfacin>; 1. Fall surface is clean, level, and free of litter and debris. 2. Fall surface meets ASTM and National Playground Safety Institute standards. 3. Fall surface is well drained. 4. Rubber cushion surfaces are free of holes and tears. 5. Rubber cushion surfaces are secure to the base material and curbing. C. Borders 1. Playground borders are well defined and intact. 2. Playground borders meet ASTM and National Playground Safety Institute standards. Bovnton Beach Parks Maintenance Manual 20 1) 1)r'r1:c Planks are intact, smooth. structurally sound. free of splinters. and have no cracks Greater than ' 4 inch. 2. 'Mails, bolts. or screws are flush with the surface. Planks are level with no excessive warping. F RPnrhPc 1. Slats are smooth and structurally sound. ?. Hardware is intact and structurally sound. Nails, bolts, or screws are flush with the surface. _�. Seats and backfin` are smooth with no protrusions and have no exposed sharp edges or pointed corners. III. PICNIC FACILITIES `%, of standards met: A. Pavilions 1. Pavilions comply with the Americans with Disabilities Act requirements. ?. Pavilions are clean, sanitary, and free of graffiti. 3. Electrical plugs, lights, appliances, fans, and hot water heaters are operational and in good condition and comply with current building codes. -I. Pavilions are structurally sound. cleanly painted with no rotten lumber or rusted metal and no loose siding or loose shingles. �. Pavilions are relatively pest and rodent free and reL)ularly treated Jnr ants. wasps, termites and mice. b. Interior kitchens are equipped with an operational fire extinguisher. 7. Doors, windows, screens, and locks are operational. 8. eater fountains. water faucets, exhaust vent fans, and hose bib connections are operational. 9. S'onage with reservation and rules information and emerUency telephone numbers is in a noticeable location. 10. Pavilion grounds are mowed and trimmed and free of litter. debris and hazards. -11. Ve2etation around pavilions is trimmed back to reduce hazards and does not impede entry and regress. B. Shelters 1. Shelters comply with the Americans with Disabilities Act requirements. '. Shelters are clean, sanitary. and free of graffiti. Lights and electrical plugs are operational and comply with current building codes. Shelters are St:'LCtL:rallw' sound. cleanly painted vvitii no rotten lumber or rusteu metal and no loose siding or loose shingles. �. Water fountains and hose bibs are operational. Boo neon Beach Parks Maintenance Manual 1 6. Signage with reservation and rules infonnation and emergency telephone numbers is in a noticeable location. 7. Grounds around shelters are mowed and trimmed and free of litter, debris, and hazards. 8. Vegetation around shelters is trimmed back to reduce hazards and does not impede entry and regress. C. Tables 1. Tables are clean, free of rust, mildew, and graffiti. 2. Table hardware is intact. 3. Table frames are intact and slats are properly secured. 4. Table seats and tops are smooth and free of protrusions and have no exposed sharp edges or pointed corners. D. Grills 1. Grills are operational and free of rust and metal deterioration. 2. Grills are clean and free of grease build-up. 3.Grill racks are operational and secure to main body. 4. Grills are properly anchored to reduce hazards and theft. 5. Underbrush, low limbs, and debris are cleared away from grill area to reduce possible fire hazard. E. Trash Receptacles 1. Receptacles are clean. 2. Wood receptacles are painted and free of damaged or missing parts. 3. Hardware for wood receptacles is intact. 4. Concrete receptacles are intact and free of cracks or damage. 5. Area around trash receptacles is clean and free of trash and debris. F. Restrooms 1. Restrooms are clean, sanitary, and properly stocked with paper products. 2. Lights and ventilation systems are operational. 3. Toilets, water faucets, stall doors, and hand air dryers are operational. 4. Restrooms are free of graffiti. 5. Restroom doors are properly marked according to gender. 6. Restrooms have clean trash receptacles. 7. Restroom doors and locks are operational. 8. Restrooms are in compliance with the requirements of the Americans with Disabilities Act. IV. TENNIS COURTS % of standards met: A. Sur faein� 1. Surface is smooth, level, and well drained with no standing water. 2. Surface is free of large cracks, holes, and trip hazards. Boynton Beach Parks Maintenance Manual 22 Surface is painted and striped In iccordanc, vlith the k_nned �tat� 1 cnnl :association court specifications. a. Worn painted surfaces do not exceed 2W'o of -total court surtace. 5. Surface is free of litter. debris.gravel and graffiti B. Nets 1. 'vets are free from tears and frays. _ I Nets are properly installed and secured to support poles. Nets have center straps installed at the regulated height and are anchored to the court. 4. Support poles have hardware intact.. properly anchored. and installed. C. Liahts 1. Electrical systems and components are operational and in compliance with appropriate building codes. 90% of lamps for each court are operational. _ Timers are properly- set for specific hours of operation. 4. No electrical conducting wires are exposed. Ballast boxes and components are properly installed and secured. 6. Lighting controls with operation instructions and information are conveniently located for easy access. __7. Lights to give uniform coverage on facilities and fixtures are adjusted to eliminate dark or blind spots. D. Fencina I . Fencing material is galvanized chain lint: and is the appropriate gauge wire for specified use. 2. Fencing material is properly secured to support rails. 3. Support rails are properly connected and straittht. 4. Fencina is free of holes, protrusions, and catch points. �. Fabric is straight and free of bending or sagging. _ 6. Gates and latches are operational. 7. \ indscreens are tightly secured to the fencing and are free of tears and holes. V. BASKETBALL COURTS `% of standards met: A. Surfacing 1. Surface is smooth, level, and well drained with no standing water. �. Surface is free of large cracks. holes. and trip hazards. 3. Surface is painted and striped as per court specifications. 4. Worn painted surfaces do not exceed 20% of total court surface. Surface is free of litter, debris.. gravel, and graffiti. B. Goals and Backboards 1. Goals and backboards are level with hardware intact. BoNnton beach 1'Mks ;Maintenance Manual 2? 2. Goals and backboards are painted. 3. Nylon nets are properly hung and are not torn or tattered. 4. Support poles are secure in the ground and straight. C. Lights 1. Electrical systems and components are operational and in compliance with appropriate building codes. 2. 90% of lamps for each court are operational. 3. Timers are properly set for specific hours of operation. 4. No electrical conducting wires are exposed. 5. Ballast boxes and components are properly installed and secured. 6. Lighting controls with operation instructions and information is conveniently located for easy access. 7. Lights to provide uniform coverage on facilities and fixtures are adjusted to eliminate dark or blind areas. VI. SAND VOLLEYBALL COURTS % of standards met: A. Nets 1. Nets are free from holes and are not torn or tattered. 2. Nets are hung tightly at the specified height. 3. Nets are securely attached to the support poles. 4. Support poles to have hardware intact, properly anchored and installed. B. Sur ace 1. Court surface is loose sand. 2. Surface is smooth with good drainage and no standing water. 3. Surface is free of weeds, grass, litter, and debris. C. Borders 1. Borders are well defined and intact. 2. Borders meet ASTM and National Playground Safety Institute standards. VII. PONDS % of standards met: A. Water 1. Aerators are operational. 2. Pond surface is at least 90% clear of vegetation. 3. Water area is free of trash and debris. 4. Bank areas are smooth and free of wash outs and erosion. 5. Ponds are stocked with appropriate species of fish. 6. Ponds are dyed to enhance appearanec and assist in reduction of unwanted vegetation when applicable. Boynton Beach Parks Maintenance Manual 24 1 11d"\ aterways Management plan is developed and filed withthe Parks and Wildlife Department as required. B. FishinL, Piers/Decks 1. Planks are intact. smooth, structurally sound. free of splinters. and have no cracks greater than '-4 inch. Nails. bolts. or scre\N s are flush with the surface. �. Planks are level with no excessive warping. 4. I landrails are present. �. Piers and decks comply with the Americans with Disabilities Act. C Ranolir-c 1. Slats are smooth and structurally sound. 2. Hardware is intact and structurally sound. 3. Nails. bolts. or screws are flush with the surface. . Seats and backing are smooth with no protrusions and have no exposed sharp edges or pointed corners. VIII. PARKS: GENERAL STANDARDS % of standards met: 4 C;7^OIIIgI C _ I. Grounds are mowed and trimmed. 2. Park is free of litter, debris. and hazards. Parking lots are clean and striped. (if applicable) B. Drinking Fountains 1. Fountains are accessible and operational. 2. Fountains are in appropriate locations. 3. Fountains are in compliance with the Americans with Disabilities Act, 4. Fountains are installed on solid surfaces and free of standing water and debris. C. Signage 1. Park: identification signs are secure and properly installed in a noticeable location. �. Handicap parking signs are secure.. visible, and to code. Park Rules signs are secure and in a noticeable location. __q. Restroom signs are secure and visible. 5. Signs are clean.. painted. and free of protrusions. D. Ornamental Plants 1. Plants are healthy. ?. Plant beds are free of litter, debris, and weeds. i. Plant selection is ap,V 11 —11 fcr SeaSCn and area iisaz,c. Boynton Beach Parks Maintenance Manual —` E. Walkways 1. Walkways have a uniform surface and are level with the ground and free of trip hazards. 2 Walkways are free of litter and debris. 3. Walkways meet the Americans with Disabilities Act requirements. 4. Walkways have unobstructed accessibility, i.e. free from low and protruding limbs, guide wires, etc. 5. Walkways are neatly edged. 6. Walkways are clear of weeds and grass growth in cracks and expansion joints. F. Trash Receptacles (random) 1. Receptacles are clean. 2. Wood receptacles are painted and free of damage or missing parts. 3. Hardware for wood receptacles is intact. 4. Concrete receptacles are intact and free of cracks or damage. 5. Roll -off containers and dumpsters are screened or hidden and placed in less intrusive areas. 6. Area around trash receptacles is clean and free of trash and debris. 7. Area around roll -off containers and dumpsters is clean and free of trash and debris. G. Ornamental Steel Fencing 1. Hardware is intact. 2. Fences are properly installed and anchored. 3. Support rails are properly connected and straight. 4. Bolts or screws are flush with surface with no exposed sharp points. 5. Fence is straight with no excessive bends. 6. Gates and latches are operational. H. Chain Link Fencins; 1. Fencing material is galvanized chain link and is the appropriate gauge wire for the specified use. 2. Hardware is intact. 3. Fences are properly installed and anchored. 4. Support rails are properly installed and straight. 5. Bolts or screws are flush with the surface with no exposed sharp points. 6. Fencing is free of holes and protrusions. 7. Fabric is straight and free of bending or sagging. I. Wood Fencing 1. Fences are intact, structurally sound, and free of deterioration. 2. Nails, bolts, or screws are flush with the surface with no exposed sharp points. 3. Fences have no excessive cracks or splintering. Boynton Beach Parks Maintenance Manual 26 f. Lights: Security and Exterior Faculty LiLhts 1. 90° o of security and facility lights are operational do electrical conducting wires are exposed. Lights comply with current building codes. 1. Electrical components are operational. properly installed. and secured. K. Bridues 1. Bridges have a uniform surface and are free of trip hazards. 1. Lumber is structurally sound. free of cracking. deterioration. and splintering. 3. Bridges comply with the Americans with Disabilities Act requirements. 4. Bridges have handrails intact and are properly installed and anchored. Brides are free of litter and debris. L. Athletic Practice Areas 1. Athletic practice areas are free of litter and debris. �. Areas are mowed at the appropriate height and trimmed. �. Area has a uniform surface and is well drained. _4. Areas have trash receptacles present that are in good condition. �. Soccer goals are properly installed and anchored. 6. Soccer goals are made of lightweight aluminum. 7. Soccer goal frames show no excessive bending. 8. Soccer nets are in -ood condition and free of holes, tears.. and fraN ing which would allow a soccer ball to pass. _ 9. Baseball backstops are properly installed. anchored.. and in good sound condition. —10. Support poles and railings are straight and properly connected. –11. Backstop fencing is galvanized chain link and is the appropriate gauge wire. _12. Backstop fencing is properly installed to support rails and is free of bending and sagging. 13. Backstop fencing is free of holes. protrusions, and catch points. 14. Bleacher hardware is intact. 15 . Bleacher bracing is tightly connected. 16. Bleacher seating surface is clean, smooth, and free of protrusions and have no exposed sharp edges or pointed corners. M. Irritation (turf) I . Irrigation system is fully operational with complete coverage. S� stem is free of leaks. 3. I -leads are installed accordinL, to intended use. 1. Heads are properly adjusted with rotations and arcs set to reduce water run off. 5. Systems are set to run at specific times to minimize water evaporation and waste. N. IrrlL-ation (landscape) 1. IrriLlation system is fully operational with complete uniform coverage. &genion Reach Parks :Maintenancc Manual �7 2. System is free of leaks. 3. Heads are installed according to intended use. 4. Heads are properly adjusted with rotations and arcs set to reduce water run off. 5. Systems are set to run at specific times to minimized water evaporation and waste. O. Picnic Units 1. Tables are clean, free of rust, mildew, and graffiti. 2. Table hardware is intact. 3. Table frames are intact and slats are properly secured. 4. Table seats and top are smooth with no protrusions and have no exposed sharp edges or pointed corners. 5. Grills are operational and free of rust and metal deterioration. 6. Grills are clean and free of grease build-up. 7. Grill racks are operational and secure to main body. 8. Grills are properly anchored to reduce hazards and theft. 9. Underbrush, low limbs, and debris are cleaned away from grill area to reduce possible fire hazard. 10. Trash receptacles are clean. 11. Wood trash receptacles are painted and free of damaged or missing parts. 12. Hardware for wood receptacles is intact. P. Metal Benches 1. Hardware is intact and structurally sound. 2. Nails, bolts, or screws are flush with the surface. 3. Seats and backing are smooth with no protrusions and have no exposed sharp edges or pointed corners. VII. Evaluation The information and data collected through this process will be used to assure that resources are allocated effectively, to determine additional manpower needs, and to justify additional manpower needs. The data will be checked at three month intervals and necessary adjustment be made or recommended. Using the Maintenance Standards, the parks are numerically rated on a monthly basis to determine the percentage of standards that are met. Over a period of time, the monthly standards are evaluated for trends, decrease or increase in met standards and consistently low scores. Conclusions are made regarding how to improve a park's overall score whether through maintenance practices, upgrades, renovations or other methods. The following Parks Maintenance Standards Survey is used. Boynton Beach Parks Maintenance Manual 28 Maintenance Standards Monthly Summary FY 2008-09 lio�nton Beach Parks Maintenance Manual �i .0 f4 f6 i CL R 7 Q o E Q M U d N Q O Z LL Q PARK to Barton Memorial Park 45 63 57 75 General Standards 45 63 57 75 Betty Thomas 99 83 100 ### ##### ### ### ### ### ### #### ### Playground 100 100 100 Picnic Facilities 100 52 100 General Standards 97 96 100 Bicentennial 90 93 90 General Standards 90 93 90 Boat Club 77 81 95 85 ### ### ### ### #### ##### ### ### Playground 60 60 90 80 Picnic Facilities 67 65 91 69 Ponds 89 100 100 100 General Standards 91 97 98 92 Boynton Lakes 86 77 97 85 ### # ### ### ### ### ### ### ### Playground 82 71 100 70 General Standards 90 83 93 100 Congress Ave. Community 90 97 95 87 #### ### ### ### #### ### ### ### Picnic Facilities 100 100 100 100 Tennis Courts 92 100 100 100 General Standards 78 91 85 89 Ezell Hester 85 86 91 92 ### ### ### ### ### ### ### ### Athletic Fields 79 76 78 79 Playground 81 100 94 100 Picnic Facilities 89 80 87 90 Tennis Courts 91 87 96 94 Basketball Court 100 100 100 100 General Standards 72 75 92 87 Forest Hills 80 87 88 86 ### ### ### ### #### ### ### ### Playground 93 93 86 90 Picnic Facilities 50 82 70 66 Basketball Courts 89 89 100 100 General -Standards 89 84 97 89 Galaxy 87 ### 76 96 ### ### ### ##i# ### ### ### #### Athletic Facilities 79 84 94 Playground 100 79 100 lio�nton Beach Parks Maintenance Manual �i Kids Kingdom Picnic Facilities 78 94 39 84 ### Tennis Courts 91 ### 91 100 ### General Playground 60 89 98 Standards 86 88 100 Heritage 56 70 22 General Standards 56 70 22 Hibiscus Standards 59 81 66 63 ### ### ### ### ### ### ### ### Playground 31 57 50 0 Basketball Courts 60 100 56 100 General Standards 85 86 92 88 Intracoastal ### 87 83 72 ### ### ### ### ### ### ### ### Playground 82 73 73 Picnic Facilities 86 86 75 General Standards Knollwood 92 90 69 Jaycee 100 ### ### ### ### ### Playground ### ### Picnic Shelter 100 Picnic Facilities 95 100 Kids Kingdom 78 94 99 83 ### ### ### ### ### ### ### ### Playground 60 89 98 70 General Standards 95 98 100 95 Kiwanis Sierra General Standards Knollwood 99 99 98 100 ##/# ### ### ### ### ### ### ### Picnic Shelter 100 100 95 100 Pond 100 100 100 General Standards 96 98 100 100 Laurel Hills 89 94 90 94 #### ### ### ### ### ### ### ### Playground 80 89 93 86 Picnic Facilities 100 100 100 100 Basketball Courts 100 100 89 100 General Standards 77 87 78 90 Little League 91 98 93 98 ### ### ### ### ### ### ### ### Athletic Fields 100 97 97 100 Picnic Facilities 87 100 87 97 General Standards 87 96 95 96 Mangrove 96 93 ### 92 ### ###. ### ### ### ### ### ### Ponds 100 92 93 General Standards 92 94 90 Meadows 79 95 95 88 ### ### #### ### ### ### ### ### Bovnton Beach Parks Maintenance Manual 30 Bo% nton Beach Parks Maintenance Manual Playground v3 8r 88 Picnic Facilities 80 90 94 Tennis Courts 85 95 ?5 95 Basketball Courts 93 100 100 100 Volleyball Court 67 100 100 89 General Standards 85 96 96 94 Oceanfront 85 84 93 84 ### ### ### ### ### ### ### ### Playground 69 69 80 64 Picnic Facilities 93 88 100 93 General Standards 93 94 98 96 Palmetto Greens 78 74 80 82 ### ### ### #;## #>## ### ### #### Playground 79 79 87 79 Picnic Facilities 80 72 75 78 Pond 60 60 88 General Standards 76 84 98 83 Pence 62 61 65 72 ### ### ### ### ### ### ### ### Athletic Fields 85 85 80 91 Playground 0 7 33 25 Basketball Court 69 63 75 82 General Standards 95 88 72 90 Pioneer Canal 68 66 84 66 ### ### ### ### ### ### #### ### Playground 67 33 70 0 Picnic Facilities 59 48 56 48 Tennis Courts 73 95 100 100 Basketball Court 50 66 100 100 Volleyball Court 78 88 89 80 Pond 60 38 78 40 General Standards 89 93 94 93 Sara Sims 63 63 ### 58 ### ### ### ### ### ### ### ### Playground 10 30 40 Picnic Facilities 83 84 63 Tennis Courts 52 39 13 Basketball Court 100 94 100 General Standards 70 70 75 Veterans 87 86 94 88 General Standards 87 86 94 88 Wilson Bo% nton Beach Parks Maintenance Manual APPENDIX E StaffConnections, LLC Organization and Employee Development City of Boynton Beach Recreation and Parks Department Strategic Planning Initiative Organizational Structure Purpose The purpose of the Organizational Structure analysis and recommendations for the City of Boynton Beach Recreation and Parks Department is to develop a structure that helps the Department reach its vision of better serving the recreation and parks needs of City residents. In addition, the recommended structure has been developed as an integral part of the Department's visioning and strategic planning initiative, and the update to the City's Comprehensive Plan Recreation and Parks Element. Background The City Commission and senior managers recognized the importance of providing a vision and strategic plan for the City's Recreation and Parks Department. In addition, the City has chosen to update their Comprehensive Plan Recreation and Parks Element. The City chose the progressive path of preparing an organizational structure for the Department at the same time. To better serve the recreation and parks needs of their residents, the City chose to simultaneously undertake three initiatives: 1. Develop a Recreation and Parks Strategic Plan; 2. Update the City's Comprehensive Plan Recreation and Parks Element; and 3. Develop a Department Organizational Structure. Development of a new organizational structure for the Department is an integral component of the strategic and comprehensive planning initiatives. In fact, the organizational structure is one of three primary components of successfully implementing the vision and strategy of any organization. Graphic 1 represents the integrated way that structure, skills and systems City of Boynton Beach Recreation and Parks Department Strategic Master Plan 39 all interrelate ie successfully implement the v,5iu, and stI'ne '. )e�aartment "1thi,l culture. The structure plays a ke,, role in the success of the Department. Graphic 1 — Elements of Organizational Success Elements of Or_aanizational Success City of Boynton Beach, Recreation and Parks Department Methodology An extensive data collection process was followed including ❑ Interviews; ❑ Collection and review of reports and documents, and ❑ Attendance at staff and planning meetings. A detailed report on the process and information gathered as part of the data collection effort is included in this report as Appendix A. In summarv, the following interviews took place: City QrBoynton Beach Recreation and Parks Department Strategic Afaster plan 4Q ❑ Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager — October 21, 2004; ❑ John Jordan, Interim Human Resources Director — October 21, 2004; ❑ Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John Bebensee, Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffenreidt and Tom Balfe — November 10, 2004; ❑ Bess deFarber, professional facilitator for several Departmental meetings in 2004 — November 16, 2004; and ❑ Recreation and Parks Department Planning Team — November 17, 2004 (a summary of this discussion is included as Appendix B). These interviews played a significant role in the establishment of an understanding of past activities and desired outcomes related to the organizational structure for the City's Recreation and Parks Department. A consistent set of questions was asked of each member/group to provide standardized results. Participants were very cooperative and open with their responses. They appreciated being asked the questions and being involved in the process of developing a new organizational structure for the Department. Extensive notes were taken, summaries prepared and the participants were asked to review the summaries to ensure that their responses were accurately represented. Several of the visioning and strategic planning meetings were attended to better understand the future direction of the Department. It is important to closely link organizational changes with the desired future changes in the delivery and operations of the City's recreation and parks facilities and services. In addition to the interviews and planning meetings, numerous documents were collected and reviewed. The Department supplied the documents including: ❑ History and Tour of Parks, John Wildner, Deputy Director of Recreation and Parks, Documented August 26, 2004 by Virginia H. Shea; ❑ Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions, February 11 and 13, 2004, 11:30 a.m. to 3:00 p.m., Venue: United Way of Palm Beach County, ASK Associates, Inc. dated February 19, 2004; City of Boynton Beach Recreation and Parks Department Strategic Master Plan 41 City of Bovnton Beach Recrea,ior: and Parks Je,�ar.:� el,t _ r_�n:� :t:._ 1,: u_�tur for FY 2003-04 and FY 004-C :j City of Bovnton Beach. Personnel Policy .?Manual. revised date: 0� �01'C!_,_ and ii City of Boynton Beach, Recreation and Parks Department, Boynton Beach. Flor]uL. Marketing and Communications Plan 2003-2005. These documents provided an excellent background on the Department and the progressive work being done by the City. The City and Department have taken many steps to follow process of continuous improvement in the provision of recreational services and parks facilities for Bovnton Beach and this is apparent in the documents. Results and Recommendations This report focuses on the recommended organizational structure and related actions that should take place to successfully implement the new structure. In presenting the organizational structure, insight and recommendations developed as part of this project related to the systems and skills of the Department will also be covered. However. the primary purpose of this project was to focus on the organizational structure and related actions. Appendix C presents the recommended high-level organizational structure for the City's Recreation and Parks Department. In the establlshrrnent and implementation ofthe recommended organizational stricture for the Recreation and Parks Department, management and staff should continue to implement the following principles: :D MeaninLyful Participation — in order for any organizational structure to be successful the people being organized must be a part of the process. The staff was consulted and participated in the development of the recommended organizational structure. However, that is not enough. If the Department is to be successful in achievinLT is vision staff must continue to play an active and meaningful role in the implementation of the structure. zi Flexibility — once the basic framework of the structure is established it should remail,; static for a period of time for it to succeed. However, the managers and staff should be flexible in its implementation. If the staff is to play a meaningful role in ii: - Citi ofBovnton Beach Recreation and Pavks Department Strategic Alaver Plan implementation as recommended above, minor changes and adjustments to the structure should periodically take place. ❑ Communication — the most important part of any organization is its people and the City's Recreation and Parks Department is no different. Managers and staff have a responsibility to honestly and respectfully communicate up and down the organizational structure as well as across organizational lines. If the Department is to be successful in achieving its vision and strategy its managers must continuously create an environment for the honest exchange of current events, concerns, and ideas for improvements with their staff. Implementation Actions For any organizational structure to be successful it must be understood and supported by the staff. It should also be considered a "living" structure in the sense that it will need to be revised and updated from time to time. The City of Boynton Beach Recreation and Parks Department has established some positive and progressive management measures that should be continued. In addition, several other initiatives were identified as part of this organizational structure project that could help make the Department even more successful and supportive of staff. The Implementation Actions listed below include both existing organizational activities currently being implemented within the Department that should continue and new initiatives identified as part of this study that should be considered by management. Implementation Actions Implement an organizational structure with two professional level Superintendent positions: 1 ❑ Superintendent Parks (existing position), and X ❑ Superintendent Recreation Programs (new position). Note: It is anticipated that this changes can be made without adding any additional Full Time Equivalent (FTE) positions in City of Boynton Beach Recreation and Parks Department Strategic Master Plan 43 the Department. Management should present the �..)rganizationa structure represented in Appendix C to staff and ask for input on ho,, the lower levels of the organization should be structured. Tire intent I is to get their buv-in on how thev Wyant to be organized using the high-level structure given in Appendix C as the basic framework. Investigate reclassifying the Recreation Supervisor position. 3 (Grade 13) to better reflect the current and expected levels of X responsibilities. specific situation. v Tl,, rl o f 1111Yanct re v ,r c --rc chrvi"lrl fnriic n --- — -- 1 LUl tll� lll� per1Vie v=, a ways that the employees can improve and succeed. 14 Complete the Department's .-kdministrative Policy Manual X Cin- o1 -Boynton Beach Recreation and Parks Departrner„ Strategic .ulast;�� ;'1a1; 44 L,V11 L111 UG LU 111 LCy.10.LC L11C 1,-ILV J l., UIC V d1UCJ 111LU LL1C Department's management philosophy and day--to-day_ actions by 6 . :j reinforcement during employee recognition, and X �:i recognizing specific cases of real life application of the Core Values by staff. Identify management and administrative competencies as key 7 criteria for the performance reviews of the new Superintendent X j Recreation Programs position. The two Superintendents should meet at least weekly to ensure 8 close coordination and communication between the two units. X Maintain the existence and use of the Department Planning— Team; 9continue rotating the membership among staff. and X use the Planning Team to provide honest and open feedback to management Hold periodic communication meetings between the Recreation j 10 and Parks Director and Director of Public Works to coordinate X I parks maintenance. 11 Strive to fill Departmental vacancies within 30-60 days to X minimize overloading existing staff. Continually communicate to staff that the evaluation criteria on 1? their nPrfnrmanr.P rPv1P-,?,,r ran hP rlhanuf-d to rPflPrt their N specific situation. v Tl,, rl o f 1111Yanct re v ,r c --rc chrvi"lrl fnriic n --- — -- 1 LUl tll� lll� per1Vie v=, a ways that the employees can improve and succeed. 14 Complete the Department's .-kdministrative Policy Manual X Cin- o1 -Boynton Beach Recreation and Parks Departrner„ Strategic .ulast;�� ;'1a1; 44 Improve effectiveness of manager meetings, staff meetings and Planning Team meetings by: ❑ rotating the facilitation of the meetings among staff/managers, 17 ❑ surveying staff on what they want to hear during the X various meetings, ❑ putting more administrative items in e-mails to staff instead of covering them during meetings, and ❑ minimizing lecture time and promoting more time spent on active participation. A training needs assessment should be conducted for managers, 18 supervisors and staff to develop a training and development X program to be implemented at all levels. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 45 (APM). 1 Clarify Department policy and union rules for time spent during x facility rentals and related events. The following programs currently being implemented by the Department should be continued: 16 ❑ Walk -A -Mile -In -My -Shoes Initiative, X ❑ Get -To -Know -You Questionnaire, and ❑ Employee Recognition Program. Improve effectiveness of manager meetings, staff meetings and Planning Team meetings by: ❑ rotating the facilitation of the meetings among staff/managers, 17 ❑ surveying staff on what they want to hear during the X various meetings, ❑ putting more administrative items in e-mails to staff instead of covering them during meetings, and ❑ minimizing lecture time and promoting more time spent on active participation. A training needs assessment should be conducted for managers, 18 supervisors and staff to develop a training and development X program to be implemented at all levels. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 45 Cite of Bovnton Beach Recreation and Parks Department Strategic Planning Initiative Organizational Structure Data Collection Summary This report summarizes data collected by StaffConnections, L.LC. as part of the City Boynton Beach Recreation and Parks Department Strategic Planning Initiative. The infonnation collected as part of this effort is related to the Depanment's organizational improvement efforts. Sources of Information Interviews were conducted using a set of standard questions with the following people: • Kurt Bressner, City Manager and Wilfred Hawkins,, Assistant City Manager October 21, 2004 • John Jordan_. Interim Human Resources Director — October 21. 2004 • Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John Bebensee. Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffenreidt and Ton? Balfe — November 10. 2004 • Bess deFarber, professional facilitator for several Departmental meetings in 2004 November 16, 2004 • Recreation and Parks Department Planning Team —'-November 1 ?. 2004 Written comments were also received from Debbie Majors, Sherri Claude, Virginia Shea and Mary Degraffenreidt. The City's Technical Advisory Committee established as part of this strategic planning initiative was consulted and informally questioned on August 24, 2004. The following documents from the City of Boynton Beach «vere reviewcd: • History and Tour of Parks, John %Vildner, Deputy Director of Recreation and Parks. Documented August 26. 2004 by Virginia H. Shea • Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions, February 11 and 13, 2004, 11:30 a.m. to 3:00 p.m.. Venue: United Way of Pala, Beach County, ASK Associates.. Inc. dated February 19. 2004 • City_ of Boynton Beach, Recreation and Parks Department organizational structures for FY 2003-04 and FY 2004-0S • City of Boynton Beach. Personnel Policy Manual. revised date: 08%01'0? • City of Bovnton Beach, Recreation and Parks Department, Bovnton Beach, Florida, Marketing and Communications Plan 2003-2005 Cit), ofBoynton Beach Recreation and Far L��I art!ne�n Strategic Master Plan 46 Data Summary The summary of the data and information collected for the City of Boynton i-Seach recreation and Parks Department is divided into five categories: • Department Strategy — the stated direction for the Department in the delivery of parks and recreation services and existing or anticipated impacts to that strategy; • Organizational Structure — the existing organizational structure and information that relates to the structure; Systems — systems that pertain only to the organization of the Department; Skills — the existing and anticipated skill sets to help the staff be successful; and Culture — a collection of information related to the shared attitudes, values and beliefs of the Department staff. Department Strategy The overall strategy for the City of Boynton Beach Recreation and Parks Department can be summarized by the Department's slogan, "We Make Life Fun". The Mission Statement for the Department is: We exist to engage Boynton Beach citizens in diverse recreational experiences and to cultivate parks and open spaces. The Department staff is focused on providing meaningful, desired and cost-effective recreational services and parks to City residents and visitors. This came out consistently in interviews with City and Department managers. Representative comments were: • The Department has a motivated and engaged staff; • Wally has provided excellent leadership of the Department staff, • The Department provides broad-based support to all age groups in the City; • The expansion of the Heart of Boynton Beach and Capital Improvement Plans show a positive effort toward the growth of our department; and • The Accreditation Team is addressing many of the Administrative Policy Manual (APM) policies that are in place and will be able to suggest needed changes to become a more efficient department. The accreditation process that the Department is undergoing is almost universally seen to be a positive action and should be continued and supported. The accreditation process for the Department is thought by staff and managers to be helping set direction and strategy for the Department. It is also thought that the accreditation will maintain and expand the professional delivery of services to residents. Ideas were also recognized for ways of clarifying and improving the Department's strategy: • Eventually address some of the "bouquet" programs offered by the City; • Actively participate in the strategic planning and Accreditation processes to update and clarify the strategic direction for the Department; • The Marketing Plan offers an excellent tool to facilitate the outreach and rollout of existing and new programs; • Special events need to be addressed related to the use of City equipment and staff; • Eventually deal with the use of City parks by the Little Leagu, Organizational Structure City of Boynton Beach Recreation and Parks Department Strategic Master Plan 47 Isle prin"anV .Ssue identined «itl: ti: ��r an.,_�tiur,:.. ;ta:t... r 1_za_ to integrate the parks staff with the recreation titat�� Star: reco<<ni-ed the resulting ads ansa e and challenges %with this integration: • Getting the parks and recreation staff hack together «vas seen as a r-, posit. action: • The Planning Team established in 2004 has 'been a posailve addition and shou;U be maintained with rotating membership among staff; • 'Use the Planning Team to provide management with honest and open feedback: • It was recommended that John Bebensee be given the full responsibility of managin,_ the pool at Wilson Park in line with his lob title: • Investigate reclassifying the recreation supervisor (,current grade 1 ; ) to better reflect the current level and expected levels of responsibility: • The creation of the two Senior Recreation Manager positions, which are essentially superintendents, has divided staff and created an "us vs. them" attitude that needs tt> be dealt with; • The day-to-day_ functions of the superintendent jobs should be focused more on administrative and management functions instead of running daily operations and programs: • There should be balance between recreation and parks with a recreation superintendent; • The two superintendent positions should be established and the two people in those positions should work closely together as a team to ensure that the work is well coordinated and communicated: • City Hall in the Mall organization and supervision should be looked at. Systems The Department has a full contingent of systems used to support work being done. Several of the systems were recognized as important and useful worthy of being maintained. Some new systems were identified that could improve efficiencies and improvement of existing systems were also recognized: • The Department's Walk A Mile In My Shoes employee shadowing initiative was perceived as very positive and should be maintained:. • The Get To Know You questionnaire used to collect and communicate job related and non job related facts about the staff was also seen as a very positive tool to use and communicate with staff: • The Department's Employee Recognition Program is very well received and should not only be continued but also used more aggressively by managers and staff • The Department Administrative Policv Manual (APM) is currently being developed and should be completed which will be very useful to all Depart-- -- • One area for improvement is to address the way employees are spent during facility rentals and related events; • The Department needs better monitoring and communication concerning emergenc procedures and equipment; • Ensure a smooth transition in John's departure: Cine of Bowvon Beach Recreation and,'-'arksL�eparnnent Strategic AlaslerTIan 48 • Use the accreditation process as a way to integrate more consistent decision-making and standard processes; • Make sure that operations are consistent with the "rulebook" and the City's Core Values; • Develop better clarity on guidelines of operations; • May need to restructure work schedules to meet changing demands; • Periodically meet with Public Works (Teff) to coordinate right of way maintenance and parks maintenance; • Develop a process for periodic review to make sure the Department is meeting the internal needs of the City and the external needs of the residents; • While communication channels do exist between management and staff, such as the Planning Team, manager's meetings and staff meetings, these venues could be used more effectively to ensure that staff is kept aware of important activities in the Department; • One suggestion was to survey the staff on what they want to hear at staff meetings; • Another suggestion was to put the more administrative items in email instead of spending excessive amounts of time on these items during staff meetings. Skills The technical and safety skills of the Department staff were recognized as very good and should be maintained. Several skill areas were identified as needing improvement in the areas of supervision and communication: • Recognition of the importance of having the beach staff certified through the U.S. Life Saving Association; • Provide training and development opportunities on running efficient meetings. • The need to continue to require that all fulltime supervisory employees attain professional certification; • The area of management and supervisory basic skills development was recognized as being important; • 'Upper level staff should be encouraged to attend out of state training without any travel restrictions. Culture The culture of the Department was generally recognized as a positive and supportive place to work with a solid work ethic. There were also areas identified that could be addressed to make the work environment more positive. These included: • Increasing effective communications between management and staff; • Better integrating the cultures of the recreation, parks and transportation staff; and • Better using staff's time during the numerous meetings that take place. The following comments were received related to culture of the Department: • The Department has a motivated and engaged staff; • There is good cohesiveness of the Department staff; City of Boynton Beach Recreation and Parks Department Strategic Master Plan 49 • Ensure that the Department 'I teL,rate4 -I,', operations of staff: • Recognize specific case studies of real life situations ;_,f hov,, ?he Valu(2s are appiied b'the Department staff: • Continue to hold the various Departmental meetinLs but have a variety of star' facilitate the meetings, minimize lecture and promote more active participation, an_-; ensure that they are held when they are scheduled: • It is not necessary_ for the Director to attend the staff meetings: others can facilitate those meetings. City of Boynton, Beach Recreation and Parks Depa rinent Strategic Afaster Plan ��i Recreation and Parks Strategic Plan Organizational Structure Interview Summary with Planning Team November 17, 2004 2:00pm-3:00pm 1. What aspects of the City's Recreation and Parks Department are working well and should be maintained? • Communication in the tennis area • The meeting in February of this year was good • Employee of the Month — Star Players • Humorous recognition of staff • Getting a new Parks Superintendent and some new procedures may need to be implemented • The scope/mission of the Department in providing services to the citizens of the City; the number and variety of programs offered 2. What specific actions can be taken to ensure that these behaviors/practices are continued? • See notes above 3. Are there any issues in the Recreation and Parks Department that you want addressed or improved, possibly related to and, if so, how can they be improved? o Span of control o Employee development/training o Supervision o Communication o Organizational structure • The organizational structure • No room for promotion • Part time workers do not receive the same pay increases as full time employees; there are approximately 40 part timers and 60 full timers • City is pushing Core Values on all employees • Part time employees don't receive the same benefits as full time employees • Always a battle at the larger scale City-wide; employees vs. the City; sometimes related to the Union • Some of the things affecting the Department are external and not under the control of the Department • Recreation Specialist positions do not get overtime • Department gets the least amount of overtime compared with other departments • Department philosophy is to minimize overtime to save money • There is a need to plan for staffing needs when planning new facilities • Attrition has resulted in vacancies that never get filled 4. Does the Recreation and Parks Department have systems, processes or equipment that needs improvement to help them do their jobs better? City of Boynton Beach Recreation and Parks Department Strategic Master Plan 51 • !le pertorIlhan�: C • H yervone get the sable raises - iii, pa% pe"ii,rman2c • Lnion and Citi disagreed and ::o::lprornised to `m -e same increase,. • The top tvvo ie.vels are unattainable • Honest reviews are revised to meet predetermined scales • Set amount of money for the Department for increases —the %.alidity of tihi: statement should be investigated • HR is changing the process and there is some concern that it might not be a,,, improvement • The Department standards are too complex and detailed — hard for everyone t; understand: simplify the s}stem • Some wanted to get rid of the entire system • Some wanted a standard cost of living increase with no relationship to the evaluations • Some felt it was not the criteria but the 'wav they were being applied 'xas the problem • The evaluations should focus on how the employees are to improve and ho%� to improve communication between the supervisor and employee • Some people felt that the money part should be a part of the evaluation process — pay for performance — get more of a raise for doing a better job removed from the evaluation process • Training should be provided to the supervisors to help them know how to gig e feedback to employees • It was recognized that the employees can change the evaluation criteria used in the Department evaluations 5. Is there anything else you Nvould like to tell me about the organization of the Recreation and Parks Department that can help them become even more successful? • The chain of command and organization works well overall • Thev_ felt as though they had a great Department • The also felt that they provide great service to the Cite City of Boynton Beach REC)"ealiOP7 awd Parks T ePar1777 e741 Strategic Afaster Pian APPENDIX F City of Boynton Beach Recreation & Open Space Element Goals, Objectives and Policies Goal 5 To create and maintain an interconnected system of aesthetically pleasing, functional, and well-maintained parks, pedestrian/ bikeways, greenways, blueways and natural areas that will adequately serve the needs of the current and future residents of the City of Boynton Beach, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall also continue to provide a variety of high quality parks and recreation related programs for all residents. Objective 5.1 ESTABLISHING THE PARKS AND RECREATION SYSTEM The City shall provide a system of park sites with a variety of both user - oriented and resource based facilities and recreational programs to serve the needs of current and future City residents consistent with the Strategic Plan, dated September 2005 as defined in the Technical Support Documentation. Elements of the system shall include: • Urban Open / Civic Spaces • Neighborhood Parks • Community Parks • Special use Facilities • Water / Beach Access • Greenways / Bikeways / Trails • Conservation Lands • Regional Parks • Schools / School Parks • Private Recreational Facilities • Art in Parks and other Public Spaces Policy 5.1.1 Park Adequacy The City shall continue to assess park adequacy, future facility needs, and user preferences and willingness to pay through, at a minimum, the following methods: A. Input from the City's Parks and Recreation Advisory Board; special interest groups; and public meetings, solicited biannually; and B. Park surveys conducted on a five-year basis. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 53 hoLc:\ The C'iv shah .tinue programs for its residents. including the Citi i.aseb .':. sof bail. GMs_}cc programs, and other programs for tennis. racquetball, an.� (,the:- actin; ies needed. Policy 3.1. Art in Public Spaces The City shall endeavor to incorporate art in all parks and public spaces throughout the City in order to implement the Art in Public Spaces program Objective 5.2 ACCESSIBILITY The City shall ensure adequate and safe public access to all existing and future City parks, recreational facilities, and local waterways. This effort shall include vehicular, pedestrian, trail, bicycle, and handicapped access and shall continue to improve and increase access to parks and recreational facilities, where available space exists. by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned. neighborhood and district parks operated by the City, Policy 5.2.1 Automobile Parking and Bike Rack Facilities for Parks The City shall continue to provide bike rack facilities within all parks developed after the adoption of this Plan. Policy 5.2 .2 Automobile Parking and Bike Rack Facilities for Existing Parks The City shall continue to provide bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as part of the on-going maintenance effort and deficiencies corrected within 18 months of the plan adoption. Private sponsorship of bike racks will be explored if City funding is inadequate. Policy 5.2.3 Barrier -Free Access in Neighborhood and District Parks The City shall continue to examine the extent of barrier -free access within neighborhood and district parks, and deficiencies will be addressed in a Strategic Plan that sets the phasing and funding. Policy 5.2.4 Retrofit of Barrier -Free. Design The City shall adopt theland development regulations to require that all future parks, and applicable facilities, include barrier -free design for the handicapped to be retrofitted, if funds are available, at a rate of three parks per year. Policy 5.2.5 Shuttle Service The City shall continue to provide, contingent upon assistanceor support from County and/or the Community Redevelopment Agency. a shuttle service for patrons of beach front parks. Policy 5.2.7 Park Access The City shall ensure that future park sites and facility improvements provide for accessibilit}' of park sites and recreational facilities to City of Boynton Beach Recreation and Parks Depam•tme.nt Strategic Master Plan 4 handicapped users and shall ensure the adequate provision of vehicular, bicycle, and pedestrian access ways. Policy 5.2.8 Parks System Interconnectivity Through the development of the City Greenway and Bikeway Master Plan, approved in August 2004, the City shall promote safe, interconnected pedestrian linkages for its parks and recreation network through provision of greenways, trails, sidewalks, bike paths and bike lanes, where appropriate, to connect each of the City's individual parks and facilities with schools, where feasible, to provide residents with access to the City's parks and schools systems. Policy 5.2.9 Recreation Newsletter/Brochure The City shall continue to produce and distribute informational newsletters and periodic brochures that describe the City's park and recreation facilities and programs. Policy 5.2. 10 Lighting The City shall increase access to parks and recreation facilities by providing lighting, or plan for the provision of lighting through project phasing, for all future active -recreation facilities. The lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. Objective 5.3 LEVEL OF SERVICE STANDARDS The City shall establish and enforce standards and programs to ensure the acquisition and development of park sites and recreational facilities sufficient to meet current and future demands. The City shall also ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, and implementing the improvements outlined in Exhibit 2, Proposed Improvements to the Parks and Recreation System, included in the Technical Support Documentation Policy 5.3.1 Levels of Service: Park Acreage The City shall adopt and maintain a level of service of 2.5 acres of developed parkland per 1,000 residents. Policy 5.3.2 Advisory Levels of Service: Recreation facilities The following are advisory level of service standards for the recreation facilities: • Baseball/Soft, Youth — 1 per 15,000 persons, Baseball, Reg. — 1 per 25,000 persons, a Basketball Courts — 1 per 4,000 persons, • Community Center (1) — 1 per 25,000 persons, • Fitness Trail (2) — 1 per 30,000 persons, • Football/Soccer Fields — I per 40,000 persons, • Multipurpose Field — 1 per 10,000 persons, • Racgetball Court — 1 per 10,000 persons, • Picnic Areas — 1 per 3,000 persons, City of Boynton Beach Recreation and Parks Department Strategic Master Plan 55 • aygrounu,. per Hi • Shuffleboard o'� t - . "er nerscr�_. • Pooi --1) - 1 per 40.000 persons. • Tennis Court - I Der 0,000 persons. • Bocce Court - 1 per ''5.000 persons, • Volleyball Court - 'i per 15 000 persons, and • Skate Park - 1 per 65.000 persons. Policy 5.3.3 Advisory Service Standards The City shall establish " Service Standards" to provide a framework of ideal standards and classification for its Parks and Recreation System, These standards are not part of the City's adopted level of service and are utilized only as a guide for land acquisition and facility provision, They are established as part of the City's goal for setting service standards for an "Ideal City Parks System" to meet residents' parks and recreation needs. Elements of the system include: A. Developed Active Parks and Open Space (Measured by LOS): GOAL: Neighborhood/ School Parks - 1 - 1 mile from every resident GOAL: Community Parks - 25 - 40 acres, 251/o preserved for open space, 3 miles from every resident GOAL: Community Centers -minimum of 10,000 square feet; 3 miles from every resident GOAL: Special Use Facilities (dog parks, sports complexes, etc), 3 miles from every resident B. Undeveloped Parks, Passive Parks and Open Space In addition, the City shall set the following nomenclature for undeveloped/passive parks and open space: Urban Oper/Civic Spaces; Water/Beach Access; Greenways/Bikeways/Trails; Regional Parks; Historical Sites; and Conservation Lands as identified on the Future Parks and Recreation System Map in the Strategic Plan . Policy 5.3.4 Level of Service for Annexation Areas For areas to be annexed, which are platted, developed, under development. or have approved development plans in Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing park facilities serving the area. Policy 5.3.5 Development of New Facilities The City shall pursue the development of facilities consistent with Exhibit 1. Future Parks and Recreation System Map, and Exhibit 2, Proposed Parks and Recreation System Improvements, included in the Strategic Plan,which Shall be updated b.epy :ally J' City of Boynton Beach Recreation and Parks Department Strategic Master Plan 5 6 Objective 5.4 COORDINATION OF FACILITY PROVISON BY PUBLIC AND PRIVATE ENTITIES The City shall maximize the use of public and private resources in the provision of recreational facilities to meet current and future demands. Policy 5.4.1 The City shall require the provision of recreation facilities and open space by public agencies and private developers Policy 5.4.2 City shall ensure that future private, as well as dedicated areas, are developed to meet identified needs of residents and address geographic deficiencies. Policy 5.4.3 School Facility Joint -Use The City shall continue, through its interlocal agreement, to evaluate the opportunities for the joint use of existing public school and City recreational facilities and, as new public schools are planned, shall coordinate with the Palm Beach County School Board on the location and design of future joint use recreational sites. Policy 5.4.4 Private Facility Use The City shall continue to permit agreements and cooperate with private recreational organizations for use of City parks and facilities in order to provide a variety of recreational programs. Policy 5.4.5 Private/Non-Profit Facility Use The City shall continue to make parks and recreation facilities available to private and non-profit groups for cultural programs, special events and festivals, which serve the public interest. Objective 5.6 TRAIL PROVISION The City shall implement the approved Greenway and Bikeway Master Plan (August 2004) to ensure safe access to park sites and shall evaluate available opportunities for the acquisition and development of bike/trail networks which will link park sites (including pedestrian and bicycle trails). Policy 5.6.1 Public Access Trail Provision The City shall consider the construction of a network of pedestrian, bicycle, recreational, and equestrian public access trails that connects to the County's trail system. The intent of the network shall be to interconnect existing parks and facilities and additional recreational facilities for pedestrian activities. The City shall coordinate with the Metropolitan Planning Organization, Florida Department of Transportation, Palm Beach County and other appropriate agencies to study and implement options for coordinated provision of an interconnected trail network. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 57 Recreationaa n;er_: The City shall apply for grants and other fun's t�,,r =.raii ae% e.+pr.�e ; ~on; to 1=lorida Department or invrronmentai Protection. ether sour, -es of _ _ ern sent and private grants. and possibly voter -based referenda. Policy 5.6.3 Road/Bike Lane Provision. The City shall continue to evaluate and amend, if necessary, the Lane: Development regulations and public road design standards for bike paths and/or lanes in conjunction with roadway design and improvements. Policy 5.6.4 Florida Trail/Rails to Trails The Citv shall coordinate with the Florida Trail Association. the Rails to Trails Conservancy, the Florida Department of Environmental Protection Office of Greenways and Trails and other organizations involved in the acquisition and development of trail systems within Palm Beach County. Objective 5.7 FUNDING OF THE ACQUISITION AND DEVELOPMENT OF PARKS AND OPEN SPACE The City shall continue to fund the acquisition and development of parks, open space and recreational facilities through the use of a variety of funding sources such as the general fund, developer commitments, grants, bonds, user fees, and impact fees. Policy 5.7.1 Recreational Impact Fees The City shall review the City's Recreation Impact Fee regulations biannually in order to assure that new development contributes its proportional share of the cost to expand recreation facilities. Policy 5.7.2 Endangered and Recreation Lands Fund The City shall continue to submit to the County_ Conservation Land Acquisition Selection Committee (CLASC) areas to be acquired through the County's conservation land acquisition program. Policy 5.7.3 Recreation Grants The City shall continue to pursue State and Federal Grants for the acquisition and development of recreational and open space lands and facilities. Policy 5.7.4 Donation/Matching Funding The City shall continue to pursue donations of land and matching funds to secure grants for the acquisition and development of park sites and facilities. Policy 5.7.5 User Fees The City shall continue to apply the concept of user fees to offset the cost of certain facilities where appropriate. D. -.t:.,.. . ? � D,....A D�-P-re...,7,,, 1 olio J. / .V L)onL1 1\1.11.11�L1 Gum The City shall evaluate a bond issue to generate additional parkland, trails, and open space funds to meet needs, if approved by a public referendum. City of Boynton Beach Recreation and Parks Departmely Strategic Master Plan �� Policy 5.7.7 Notwithstanding rules and regulations governing the use of lands acquired through dedication or other means, city -owned parkland or property dedicated for recreational/park use should only be sold or converted for alternative use if supported by current needs and demand analysis, is not listed for future development in the Strategic Plan or Capital Improvements Program, and if deemed necessary to further other goals or objectives as supported by current action of the City Commission. Objective 5.8 OPEN SPACE PRESERVATION The City shall develop a system of open spaces through the preservation and/or acquisition of significant lands, native habitat, and habitat of endangered, threatened and species of special concern. Policy 5.8.1 Natural/Environmental Land Preservation Natural areas shall be preservedto the extent possible in accordance with preservation policies in the Conservation Element and Support Document. Policy 5.8.2 Natural/Environmental Land Acquisition Programs The City shall coordinate with the Florida Department of Environmental Protection and all other appropriate agencies to establish and revise regulations and programs for the acquisition of natural/environmental lands. Policy 5.8.3 Passive Recreation Space The City shall incorporate natural open space, especially wetlands and areas unsuitable for development into neighborhood and community parks, as passive recreation space. Policy 5.8.4 Open Space in New, Non -Residential Projects The City shall encourage the incorporation of open space into all new non- residential projects, in addition to any environmentally sensitive areas preserved. Policy 5.8.5 Agency Coordination The City shall work in conjunction with the State of Florida, the South Florida Water Management District, the Nature Conservancy, the Trust for Public Lands, and other appropriate agencies involved in conservation lands to create a citywide open space system and a greenways/trails/blueways system. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 59 CITY OF BOVNTON BEACH CAPITAL IMPRC %1ENT PROGRAM APPENDIX G 2008/2009 BUDGET REVENUE SUMMARY REVENUES 2007/2008 Budget 2007/2008 Estimated 2008/2009 Ado ted Bud et 2009/2010 Plan 2010/2011 Plan 2011/2012 Plan 2012/2013 Plan Funding General City Projects Transfer from Public Service Tax Debt Fund** Transfer from General Fund** Transfer from Parks & Rec Facilities (Fund 141) _ Interest Income $ 1,803,114 $ 1,803,114 1,220,000 $ - $ 425,605 $ 598,742 $ 807,771 $ 900,000 1,220,000 540,000 2,000,000 250,000 250,000 425,000 _425,000 3,185,333 800,000 425,000 1,494,000 25.00 0,0 - 250,000 _ Grants* Local Option Gas Tax 10,384,152 800,000 - - 5,700,000 650,000 650,000 650,000 650,000 650,000 _ Boynton Beach Memorial Park Fund Bond Proceeds - 2008 PS TAX ISSUE _ 115,000 220,000 6,500,000 20,000,000 Oceans 95 Cost Share - Total Funding for General City Projects $ 14,632,266 $ 7,548,447 $ 9,829,000 $ 21,325,605 $ 3,498,742 $ 1,707,771 $ 7,500,000 GRANTS Boat Club Park Renovation (PBC) Boynton Inlet Study (SFWMD) City Hall Wind Retrofit-HMGP Grant Congress Ave. Community Park Development (TBD) Greenway/Bikeway (T-21) - Palmetto Greenway/Bikeway (T-21) -Barton Jaycee Park Development (FRDAP) Jaycee Park Boardwalk (LWCF) Galaxy Park (FDACS) 380,000 130,000 380,000 130,000 137,336 440,000 112,900 200,000 200,000 - _ 5,700,000 - - - - - 5,700,000 440,000 112,900 200,000 -- - - - 200,000 300,000 139600 Library Planning Grant (State) Rolling Green Safety - Fed Allocation FEMA - Hardening of Station #5/EOC Senior Center Improvements (FDEA) Wilson Center (County) - Construction Wilson Project (FRDAP) 200,000 294,000 1,721,252 1,000,000 200,000 300,000 71,497 1,000,000 1,000,000 200,000 TOTAL GRANTS $ 10,384,152 $ 3,185,333 $ 1,494,000 1 $ - $ - $ - $ 5,700,000 S:\CIP Programs\CIP FY0809\ \ CIP 2008-2009 Adopted \ Summary Revenues Page 2 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT EXPENDITURES 2008/2009 BUDGET PARKS AND RECREATION PROJECT NAME 2007/2008 Budget 2007/2008 Estimated 2008/2009 Adopted Budget 2009/2010 Plan 2010/2011 Plan 2011/2012 Plan 2012/2013 Plan Art Ctr Design fees - 2nd floor addition Art Ctr - 2nd floor addition Art Ctr - Replace Roof X0.000 Art Ctr - Storage shed Art Ctr - Replacement awning 7,000 Bicentennial Park - Park Renovation 180,000 180,000 Boat Club Park - Seal Parking Lot 25,000 25,000 Boat Club Park - Renovations 417,500 417,500 Boat Club Park - Bait Shop Repairs 50,000 Boat Club Park - Dredge Canal 65.000 65,000 35.000 Boat Club Park - Playground Replacement 45,000 Cemetery -Reseal Mausoleum 20,000 Congress Ave. - Boundless Park Development 8,700,000 2900,000 x.800.000 Forest Hill -Single Rail Fence 20.000 Forest Hill -Resurface Basketball Court 10,000 10,000 FPL Park Development Future / Mise small scale parks projects 50.000 29,330 65,000 65.000 65,000 70 000 70,000 Hester Awning 0 3,700 Pence Restroom Building 0 6.375 Mangrove Park Renovations 0 3,595 Civic Center Fence 0 7,000 Galaxy Park - Renovate Balllield (delete F)'09) 50,000 0 - Girl Scout Park - New Park Green/Bikeway - Purchase of Land 300.000 300,000 100,000 100,000 Green/Bikeway - Barton 116,070 116,070 Green/Bikewav - Palmetto Greens (Phase 1) 440,000 440,000 Green/Bikeway - Palmetto Greens (Phase 11) 400,000 fiesterCtr- IIVAC Small Units 18.000 29.365 18,000 Hester Ctr - Gym Floor Refinishing 7.000 0 26,000 7,500 7.750 7.750 �U Hester Ctr - Painting; of Metal Root's 20.000 9.830 Hester Ctr - Playground Fence 5,00.0__ Hester Ctr - Replace Dugouts 20.000 Hester Ctr - Repave Concession Area 20.001) 211,000 Hester Ctr - Landscaping Imprm emernt" 50.000 CITY OF BOYNTON BEACH CAPITAL IMPROVI NT EXPENDITURES 2008/2009 BUDGET PARKS AND RECREATION PROJECT NAME 2007/2008 Budget 2007/2008 Estimated 2008/2009 Adopted Budget 2009/2010 Plan 2010/2011 Plan 2011/2012 Plan 2012/2013 Plan Hibiscus -Playground Improvements Intracoastal Park - Clubhouse Construction Architect / Engineer Erosion Stabilization 30,000 300,000 0 _ 30,000 4,972 8,600 60,000 - Furnishings Intracoastal Park- Clubhouse Painting Intracoastal Park -Playground Equipment Intracoastal Park-Pavillion Painting Jaycee Park - Improvements Kids Kingdom Park - Painting and Sealing 60,000 -- 45,000 10,00_0 10,000 1,560,000 - _ 25,000 10,000 20,000 1,560,000 5,000 60,000 5,0.00 20,000 - Kids Kingdom Park - Playground Equipment Laurel Hills -Single Rail Fence Laurel Hills -Parking Area _ 10,000 _ 30,000 20,000 5,000 5,000 Laurel Hills -Repave Basketball Court Laurel Hills -Replace Basketball Standards LL Park - Storage Building LL Park - Sod Renovation LL Park - Video Surveillance Madsen Ctr - Resurface Shuffleboard Courts Meadows Park - Irrigation and Landscaping Meadows I / Nautica Sound Park - New Park Mangrove Walk at the Marina Benches and Cans Nichols Property -Construct Park Oceanfront - Boardwalk Oceanfront - Seal Parking Lot Oceanfront - Automated Parking System Oceanfront -Enlarge Maintenance Bldg. ---- Oceanfront-Single Rail Fence Oceanfront -Install Stairs Btw Parking Areas Oceanfront -Handicap Walkway Oceanfront -Playground Equipment Oceanfront Park Building Replacement Parks -Furnishings (Cans, benches, picnic tables, etc) Parks -Landscaping (Remove & Replace) 5,000 15,000 -- -- 5,000 5,000 _ ----- - 14,000 30,000 0 ----- 0 30,000 600,000 _ 10,000 30,000 2,100,000 2,350,000 300,000 25,000 10,000 25,000 300,000 ----- -- -- --- 40,000 --- 40,000 - 10,000 500,000 40,000 50,000 25,000 40,000 2,000,000 10,001_j___0 30,000 40,000 50,000 50,000 10,000 30,000 25,000 25,000 S:\CIP Programs\CIP FY0809\ \ CIP 2008-2009 Adopted \ Parks and Rec Page 7 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT EXPENDITURES 2008/2009 BUDGET PARKS AND RECREATION PROJECT NAME 2007/2008 Budget 2007/2008 Estimated 2008/2009 Adopted Budget 2009/2010 Plan 2010/2011 Plan 2011/2012 Plan 2012/2013 Plan Parks -Signage 90,000 90,000 30,000 30.000 Palmetto Green -Resurface Path 20,000 Palmetto Green -Playground Equipment 30,000 Pence Park -Playground Equipment 40000 40,000 Pence Park -Replace Ballfield Lights 50,000 200.000 Pence Park -Field Reconfiguration 50,000 200.000 Pioneer Canal Park - Replace Boat Ramp Pioneer Canal Park - Pave Parking Area 30,000 Pioneer Canal Park - Renovate Restrooms 75,000 6,616 Pioneer Canal Park - Playground Replacement 30,000 30,000 Pioneer Canal Park - Multipurpose Field 40,000 Quantum Park - New Park Sara Sims Park - Renovate Entire Park Sara Sims Park - Purchase Property Cemetery 200,000 Sara Sims Park - Seal Coat Parking Lot 24.000 Senior Ctr - Misc. Projects (HVAC, Security, etc) 0 71.497 Senior Ctr - Roof Replacement 0 138,400 Tennis Ctr - Pro Shop A/C 5.000 4,745 Tennis Ctr - Court Resurfacing 7,900 7,900_ 8,900 9,000 24,000 9,000 10.000 Tennis Ctr Lights 10,000 "Tennis Ctr Fence 6.500 Wilson Center Replacement - Eng. Fees Wilson Center Replacement- Const. 1,059,000 1.489,000 Wilson Center - Furnishings 200,000 200,000 Wilson Park - Tot Lot (Playground) 36,500 36,500 Wilson Park - Basketball Courts 17.920 17,920 Wilson Park - Equipment (Gazebo, pathways. fountains) 15,600 15,600 Wilson Park - Site Work (Demo. Electrical, Landscape) 300,000 300,000 Wilson Pool - Replacement 314.000 314,000 Winchester Park Wool bright/LeisureviIle Park 7th Avenue Open Space TOTAL PARKS AND RECREATION S 17,189,490 $ 11-864?85 $ 1.346,400 $ 290,500 845,750 S I 1.750 170.75() SEPTEMBER 2008 CITY OF BOYNTON BEACH PARKS AND RECREATION SYSTEM NEEDS ASSESSMENT 1P i IV. SUMMARY OF FINDINGS I. CITYWIDE Taken together, the findings from 2004 Strategic Plan, the Telephone Survey, and the Level of Service (LOS) Analysis illustrate a number of recreation and parks needs in Boynton Beach today. The primary recreation and parks needs are: • A high quality, large civic gathering space • Improved connectivity between park sites and their neighborhoods. • More parks acreage to compete with other cities in Palm Beach County • More bicycling, boat ramps, fishing, hiking, baseball/softball, football/soccer/rugby, golf, shuffleboard, swimming, tennis, and volleyball facilities, but need to develop these in strategic locations (see Quadrants section, below) • Neighborhood parks. • Upgrades to older park sites to equal quality of newer park sites • Improving the functionality of the smaller, I -acre or less sites by re -designing or acquiring adjacent land • Better distribution of programming Some of the needs noted in the 2004 Strategic Plan are still in evidence today. For example the Strategic Plan noted that there is a lack of large civic gathering spaces and no amphitheater for civic events. This is still true today: the existing civic spaces are small, underused sites. The lack of a large, central gathering place not only hampers the ability of the Recreation staff to put on large-scale events, but also reflects that lack of an overall sense of community in Boynton Beach—there is no "there" there. The Strategic Plan also noted that there is a lack of neighborhood parks and community parks west of 1-95. While the Access Analysis shows that this is still the case in comparison to the numbers of facilities east of 1-95, recent investments have been concentrated in the west such as the construction of Pioneer Canal Park, and the upcoming construction of Congress Avenue Community Park. Results from the Telephone Survey highlighted some of the differences between the younger and older age groups—such as preferred times of week for programming—but overall there was agreement on many aspects of the City's recreation and parks system. For Boynton Beach residents, the most important factors in their parks and recreation preferences are convenience and familiarity. Throughout the survey responses, four parks continually cropped up as being the most popular, convenient, and familiar: Oceanfront Park, Intracoastal Park, the Art and Civic Centers, and the Senior Center. Three of these parks also happen to be some of the most heavily used facilities in terms of departmental programming, which indicates the department is scheduling their programs at the preferred facilities and/or that the programs themselves make the facilities popular and familiar. The five types Level of Service Analysis (LOS) shed light on different issues of equal access. In terms of acreage, the City generally has enough total parkland to meet its Comprehensive Plan standards until 2020, but the standard itself is low and inadequate if Boynton Beach wishes to keep pace with Delray Beach and Boca Raton. In order to maintain a high quality of life, more parks acreage needs to be Page 156 acquired and developed within the next ten years. Acquiring parkland to the west of 1-95, however, may not be a primary need because of the large number of private recreation facilities that are intended to serve individual communities. Not including private recreation facilities, there is a deficiency of bicycling, camping, boat ramps, fishing, hiking, horseback riding, baseball/softball, football/soccer/rugby, golf, shuffledboard, swimming, tennis, and volleyball facilities. The City is, however, providing adequate amounts of multi-purpose fields, basketball courts, picnicking pavilions, and racquetball courts. In developing new facilities to meet these needs, Boynton Beach needs to be strategic, and consider the lifestyles in different neighborhoods and matching these with the most appropriate facilities. The lack of acreage and facilities is reflected in the Access LOS analysis. Using the City's standards from its Comprehensive Plan, residents east of 1-95 have better access to Neighborhood Parks than those west of 1-95—but neighborhood parks are needed almost everywhere, particularly in the "extremities" of the city. Despite only having two functional Community Park facilities, most residents in Boynton already have access to a Community Park; once Congress Avenue Community Park and the Quantum site are developed, access will almost be universal with the exception of the far southeast of the city. This small section of Boynton Beach can obtain Community Park access by improving network access to Caloosa Park. One potential equalizer of the inequitable parks acreage distribution is park quality: newer parks tend to be of higher quality than older parks, which are concentrated in the eastern quadrants of town. Parks west of 1-95 average a B+ grade, while those on the east side of interstate average only a B-. Combined, the City of Boynton Beach has a "B" system—it's above average, but there are challenges that prevent it from being excellent. The primary stumbling block in becoming an "A" system is increasing park connectivity within the neighborhoods, particularly with adjacent properties . Comfort and Image, however, are very strong and the City continues to improve the quality of its facilities and pay attention to the comfort of its users. The large number of small, one- or two -acre parks that serve no function in the system bring down the overall quality of the system. Another way in which the City is attentive to its users is via its extensive programming. Over 175 programs a year offer recreational opportunities to all age groups. The distribution of these programs throughout the City is unequal, and the vast majority of programs occur at Intracoastal Park, Ezell Hester Jr. Park, the Sims Center, the Arts and Civic Centers, and the Senior Center—all facilities located to the east of 1-95. There only programs in parks west of 1-95 are tennis -related, or held at non - City park sites such as Congress Middle School. There is very little difference in the distribution of programs by age group, with the exception of a concentration of senior programs at the Senior Center. One major need in the Boynton Beach Recreation and Parks system is to address imbalances between different areas of the city. The following section details the needs by each quadrant, and suggests key areas of focus. Page 157 2. QUADRANTS - EQUAL OPPORTUNITY A. NORTHEAST QUADRANT Existing Parks: Barton Memorial Park, Bicentennial Park, Boat Club Park, Ezell Hester Jr. Park/Center, Galaxy Park, Intracoastal Park, Kiwanis Sierra Park, Mangrove Park, Oceanfront Park, palmetto Greens Linear Park, Rosemary Scrub, Sara Sims Park, Wilson Park/Sims Center 1990 - 2000 Growth: 5.65% Estimated 2008 Population: 15,784 Projected 2013 Population: 16,417 of Households with Children: 36.6% Median Age: 36 Predominant Lifestyles: American Classics, Suburban Pioneers, Old Glories Equal Opportunity: Acreage: 95.8 acres of parkland; LOS of 5.8 acres/ 1,000 residents Access: including planned future parks, about 40% of residents will have access to a Neighborhood Park and 100% will have access to a Community Park Quality: C+ Average Programs: 65 (37% of total City offerings) Key Areas for Improvement/Action Items: I 1 r� I I a I l- ti27 28rt�• 26 :�,: �-> 23i�. • • l 30 31 Pink and purple areas indicate places with neighborhood pork coverage. Orange lines represent barriers to connectivity Colored dots indicate the presence of programs. • Improved quality of under -performing parks by investing in new facilities • Increase connectivity to Oceanfront Park • Reduce barrier of Federal Highway by adding crosswalks • Develop more neighborhood parks, especially north of Gateway Boulevard • Develop football/soccer/rugby fields and baseball/softball fields and consider relocating racquetball/handball facilities. • Improve utilization and functionality of one- and two -acre park sites Page j 58 SOUTHEAST QUADRANT Existing Parks: Arbor Memorial Park, Art Center, Betty Thomas Park, Civic Center, Forest Hill Park, Jaycee Park, Kids Kingdom, Little League Park, Pence Park, Seacrest Scrub, Senior Center, Veteran's Park, 1990 — 2000 Growth: 12.05% Estimated 2008 Population: 14,935 Projected 2013 Population: 15,658 % of Households with Children: 22.9% Median Age: 44 Predominant Lifestyles: American Classics, Suburban Pioneers, Suburban Sprawl Equal Opportunity: Acreage: 47.1 acres of parkland; LOS of 3.0 acres/ 1,000 residents Access: including planned future parks, roughly 25% of residents will have access to a Neighborhood Park and about 70% will have access to a Community Park Quality: B average Programs: 88 (50% of total City offerings) Key Areas for Improvement/Action Items: _ •'i J Brown circles indicate areas without community parks coverage; pink and purple areas indicate places with neighborhood parks coverage. Orange lines represent barriers to connectivity. Colored dots indicate the presence of programs. • Better linkages need to be established with Caloosa Park, or a new Community Park site needs to be acquired and developed • Reduce barrier of Federal Highway by adding more crosswalks • Improve utilization of smaller park sites such Arbor Memorial Park and Veteran's Park • Develop more neighborhood parks, particularly in the areas west of Seacrest Boulevard • Develop more tennis courts and golf courses. • Develop more water-based facilities, such as fishing piers and boat ramps, are also a need. • Improve connectivity within the civic complex of the Library, Art Center, Civic Center, and Kids Kingdom Page 159 SOUTHWEST QUADRANT Existing Parks: Caloosa park (County), Congress Avenue Tennis Center, Hibiscus Park 1990 — 2000 Growth: 19.14% Estimated 2008 Population: 16,345 Projected 2013 Population: 17,341 % of Households with Children: 13.9% Median Age: 62 Predominant Lifestyles: American Classics, Home Sweet Home, Upper Crust Equal Opportunity: Acreage: 36.7 acres of parkland, LOS of 2 acres/ 1,000 residents Access: including planned future parks, roughly 10% of residents will have access to a Neighborhood Park and 100% will have access to a Community Park. Quality: B average Programs: 23 (13% of total City offerings) Key Areas for Improvement/Action Items: Pink and purple areas indicate places with neighborhood pork coverage. Orange lines represent barriers to connectivity. Colored dots indicate the presence of programs. • Acquire more parks acreage • Develop more neighborhood parks throughout quadrant • Develop more passive recreation facilities such as fishing piers, boat ramps, hiking, and multi- purpose open space. • Improve connectivity to/from Caloosa Park • Reduce barrier of Congress Avenue by making the entire corridor more pedestrian- and bicycle -friendly • Evaluate interest in more diverse programming Page 160 NORTHWEST Existing Parks: Boynton Lakes Park, Knollwood Park, Laurel Hills Park, Meadows Park, Pioneer Canal Park 1990 — 2000 Growth: 75.64% Estimated 2008 Population: 21,540 Projected 2013 Population: 24,344 % of Households with Children: 28.6% Median Age: 39 Predominant Lifestyles: Home Sweet Home, Suburban Sprawl, Domestic Duos Equal Opportunity: Acreage: 66.7 acres of parkland; LOS of 2.7 acres/ 1,000 residents Access: including planned future parks, about 50% of residents will have access to a Neighborhood Park and 95% will have access to a Community Park Quality: B+ average Programs: 0 (0%) i rJ I Brown circles indicate areas without community parks coverage; pink and purple areas indicate places with neighborhood parks coverage. Orange lines represent barriers to connectivity. Colored dots indicate the presence of programs. Keys Areas for Improvement: • Establish programs in the parks • Develop more of all facility types • Create a sub -system plan for the quadrant in response to the fast growth • Decrease barriers along Congress Avenue by making roadway more pedestrian- and bicycle - friendly • Improve connectivity in far western neighborhoods to provide Community Park Access • Develop more Neighborhood Parks Page 161 VI. -CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) X January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM X Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Motion to approve a resolution to authorize a contract in the amount of $50,000 with IBI Group, Inc. for design and development of construction drawings for the Palmetto Greenway Extension. EXPLANATION: The City of Boynton Beach has received two (2) grants from the Florida Department of Transportation (FDOT), one for the design and construction of the Palmetto Greenway Extension in the amount of $440,000 and one for the design and construction of the Barton Greenway in the amount of $116,070. For auditing purposes, a separate resolution for each project is required. At the September 2, 2008 Commission meeting, the Commission approved the negotiation of a contract with the IBI Group, Inc of West Palm Beach, FL for the design and construction drawings for the Barton Greenway. The Palmetto Greenway Extension will run from Seacrest Blvd west to I-95 and is an extension of the existing Palmetto Greenway which runs from Seacrest Blvd. east to Palmetto Green Park. The greenway is included in the City's Greenway, Bikeway and Blueway Plan. The purpose of the plan is to improve and encourage bicycle, pedestrian and waterway transportation in the City which allows for comfortable and safe non -motorized travel. PROGRAM IMPACT: There will be no impact on staff. Additional staff is not required. FISCAL IMPACT: The current FY 08/09 Capital Improvement Program includes funding as follows: Palmetto Greenway Extension Total Project $440,000 $50,000 of which is for consultant services Account # 302-4209-580-63-05 CP0619 The FDOT mandates the amount for the consultant. FDOT does not require any mat ing fuZsSignAre rant. ALTERNATIVES: Not to cons t.the greenway. Department Head's Signature Mana to City Manager Recreation and Parks Department Name omey / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Procurem n ervices 1 RESOLUTION NO. R09 2,i 3t! A RESOLUTION OF THE CITY COMMISSION OF 4 4 ! THE CITY" OF BOYNTON BEACH, FLORIDA, 5 APPROVING AUTHORIZING THE MAYOR AND 6 CITY CLERK TO EXECUTE A CONSULTANT 7 AGREEMENT FOR ENGINEERING SERVICES FOR 8 THE DESIGN AND CONSTRUCTION DRAWINGS 9 FOR THE PALMETTO GREENWAY EXTENSION 10 BETWEEN THE CITY OF BOYNTON BEACH AND IBI 11 GROUP, INC., IN THE AMOUNT OF 550,000.00; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach has received a grant from the Florida I 161 Department of Transportation for the for the design and construction of the Palmetto 17 Greenway Extension in the amount of $440,000.00; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, hereby deems it to be in the best interests of the citizens and 20 residents of the City of Boynton Beach, to approve the execution of a Consultant Agreement 21 for Engineering Services for the Design and Construction Drawing for the Palmetto 22 Greenway Extension. 23 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 ¢ THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 j Section 2. The City Commission of the Citv of Bovnton Beach, Florida does 29 !$ hereby approve and authorize the Mayor and City Clerk to execute a Consultant Agreement 30 for Engineering Services for the Design and Construction Drawing 1'or the Palmetto ,F k� S:\CA\RESO Agreements\Consultant Agmt Resos\Consultant - Engineering Services IBI Palmetto Greenway doc �l e 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 Greenway Extension in the amount of $50,000.00, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor— Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 161 Palmetto Greenway.doc CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY EXPANSION THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and IBI Group, Inc. hereinafter referred to as "the Consultant". in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 154 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $50,000.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed. services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3 ) years after final payments. Copies shall be made available upon request. CA -1 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. CA -2 For breach or violation of this warranty, the City shall have the right to annul this contras': without liability or, in its discretion to deduct from the contract price or consideration. , E; otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, Litt. or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed h\ it under this agreement, will not discriminate on the grounds of race, color, national origin. religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON -WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at anytime by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Jody Rivers, Parks Superintendent Notices to Consultant shall be sent to the following address: IBI Group, Inc. 100 South Olive Avenue West Palm Beach, Fl 33401 Attn: Richard C. Wohlfarth, P.E. CA -3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of CITY OF BOYNTON BEACH Mayor Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney Rev. 1/22/91 CA -4 Consultant Title 20 (Corporate Seal) Attest/Authenticated: Secretary EXHIBIT "B" PALMETTO GREENWAY EXTENSION PROJECT APPROACH AND IMPLEMENTATION The following outlines our approach for this exciting project in a contract -like format. Included are the following: • Overall approach and methods to achieve the goals of the project • The degree of staff interaction and involvement, specifically enumerated for each task • Anticipated schedule of completion and timeframes for each stage of the project • Highly detailed deliverables schedule for each task • All services anticipated for the successful completion of the project and the role of each member of the team • Number of meetings anticipated • Number and types of permitting agencies that will be applicable to this project • Types of base information required for design PROJECT DESCRIPTION The scope detailed herein contains the entire scope of work to be performed for this project, and supercedes any previous scope and/or the boilerplate scope in the Master Agreement. The project includes the development of a greenway located along the C-16 Canal between I-95 at the west terminating at Seacrest Boulevard as the eastern limit. The components of the park include: Landscape and sod Paving and drainage design Site amenities/site furniture The site is located within the City of Boynton Beach. The City is not the owner of the property. SCOPE OF SERVICES - DESIGN AND PERMITTING Part 1 — Initialization & Preliminary Design 1.1 Project Management — In addition to the specific services detailed below, IBI shall coordinate with the City's representative and the City's project team, monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. 1.2 Site Survey and Existing Data - IBI shall commission a survey to be completed of the project site. Survey information shall include location of the top of bank, of the canal and any significant physical features. The survey shall also include topographic information as well as property boundary locations. Additionally, IBI will request "As Built" information from the appropriate agency for underground utilities in the areas where buried improvements are proposed. 1.3 Geotechnical Services — A geotechnical report shall be prepared commissioned by IBI based upon a maximum of four (4) standard penetration test borings to be located along the E%HIBIT "B" alignment of the proposed park. 1.4 SFWMD Pre -Application Meeting — IBI shall meet one (1) time with the SFWN4D to review those standards and requirements that the District will use in the evaluation of the project for permitting purposes. IBI shall provide written meeting minutes to the City. 1.5 Site Analysis — IBI will visit the site one (1) time in order to develop an understanding of the site's opportunities and constraints, and will prepare a memorandum summarizing our findings. 1.6 Design Intent Meeting / Kickoff Meeting - IBI will attend a meeting with the City to develop a shared vision for the project. The purpose of this exercise is to develop an image of the project based on the development program and themes discussed. The Other potential topics of discussion may include project schedule, data collection results, refinement of the review process, etc. IBI shall compile meeting minutes and distribute. 1.7 Preliminary Plan — IBI will submit a preliminary plan for the development of the property based on the development program listed within. The plan will be based loosely on the work previously done by the City. The plan will demonstrate an alternative for park development. The City shall provide one (1) consolidated set of review comments. Revision to the preliminary plan shall be made as a part of the Construction Document Preparation in Part 2. 1.8 Conceptual Opinion of Probable Cost — IBI shall prepare a preliminary opinion of construction costs for the elements in the Preliminary Plan. The Opinion of Probable Cost shall include a 15% construction cost contingency. Deliverables — As a result of these tasks, IBI shall produce the following no later than 45 days from Notice to Proceed (NTP): • One (1) copy of the Conceptual Master Plan • One (1) copy of conceptual Opinion of Probable Costs • One (1) copy of meeting minutes from the Kickoff Meeting • One (1) copy of meeting minutes from the SFWMD Pre -Application Meeting EXHIBIT' "B" Part 2 — Construction Document Preparation 2.1 60% Construction Documents- IBI shall incorporate review comments and submit 609, construction documents package for site to develop the following site features. Specifically, IBI shall prepare plans and details for the elements identified below, to meet ADA standards as well as construction details, including details, elevations, and sections provided as necessary to communicate the design intent and construction materials. The development program is as follows: a. Paving and Grading Design, including: • Path (concrete or asphalt) b. Landscape Design, including: • Shade / Palm tree locations, including existing vegetation to remain. relocated or removed • Ground cover (turf, low ground covers) Hardscape and Amenities, including: • Bench locations and selection • Informational and regulatory signs design and locations • Trash receptacles locations and selection 2.2 Preliminary Estimate of Probable Cost - IBI shall prepare an preliminary estimate of probable cost for all elements detailed in the 60% Construction Documents and submit to the Client for review. 2.3 Client Review of 60% Documents Submittal -The Client will review the documents at the 60 percent stage of completion. Minor changes will be incorporated as the plans progress. Major changes that represent a significant departure from the original design program, budget, and/or the approved alignment shall be considered Additional Services. Upon receipt of the properly executed permit applications and the City's comments and approval of the 60% progress documents, IBI will prepare and deliver to the SFWMD, specified in Part 3 below, a permit package. Deliverables — As a result of these tasks, IBI shall submit the following no later than ?S days from (NTP): a. Eight (8) copies of the 60% Documents at 1 "= 40' on 22 "x34 "sheets b. Appropriate number and types ofpermit applications for execution by the Client c. One (1) copy of the Estimate of Probable Cost Part 3 - Submittal to Review/Permitting Agencies 3.1 SFWiv1D Permit Submittals — The surface water management design information and signed and sealed plans will be submitted to the SFWMD ROW section as well as the surface water management section. Associated permit application fees shall be determined by IBI and paid by the City. EXHIBIT "B" 3.2 FDOT LAP Review — IBI shall submit the appropriate plans to FDOT for compliance with the FDOT LAP program. 3.3 Agency Review and City Approvals —IBI shall submit the appropriate applications for the review of the 60% plans for the City's review process. IBI shall prepare these applications and submit to the City for signature and execution. IBI shall also attend review meetings to present the plans at each agency meeting and respond verbally to comments. Revisions to the documents shall be made as the project proceeds forward into Final Design. 3.4 Permit Monitoring - In addition to preparing the permit applications for appropriate regulatory agencies, IDI shall assist the City in consultations with the appropriate authorities. 113I's services shall include the following: • Attend up to one (1) pre -application meeting with the staff of each of the regulatory agencies. • Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. • Respond to request(s) for additional information from each agency. Deliverables — As a result of these tasks, IBI shall submit the following IBI shall submit the following no later than 75 days from (NTP): a. Appropriate number and types of permit applications Part 4 - Final Construction Documents 4.1 Final Construction Documents -Upon issuance of appropriate approvals for the site, IBI will incorporate the permit comments and special conditions into the 60% progress documents and prepare the technical specifications. These revised documents shall be submitted to the City as Final Construction Documents. 4.2 Final Estimate of Probable Cost - IBI shall prepare a final estimate of probable cost for all elements detailed in the Final Construction Documents and submit to the Client. Deliverables —As a result of these tasks, IBI shall submit the following subsequent to permitting comments from the appropriate agencies (estimated at 22 weeks after NTP): a. Eight (8) copies of the Final Construction Documents at I "= 40' on 22 "x34 "sheets b. One (1) copy of the Final Estimate of Probable Cost c. One (1) master copy of the Design Specifications for future reproduction by the Client d. "Green " summary statement - approximation of LEED rating according to USGBC EXHIBIT "B" Part 5 — Bidding Assistance and Construction Services (if requested) 5.1 Bidding Assistance — IBI will provide the following services: a. Assist the Owner in preparing and filing bid documents b. Prepare unit price bid forms c. Prepare and print bid packages, including plans, technical specifications and Owner - provided "front-end" documents d. Prepare clarifications, amendments and/or addenda to the bid packages if needed e. Address bidder's questions during the bidding process through Purchasing Division f. Attend the pre-bid meeting (Purchasing Division to direct the meeting j g. Assist the Owner in evaluating bids 5.2 Construction Observation — IBI will provide construction observation services, including the following: a. Review, examine and approve the Contractor's Schedule of Values b. Review the work of the Contractor to determine if the work is being accomplished in accordance with the Construction Documents. Prepare and submit a written report after each site visit c. Determine amounts owed to the Contractor based on field inspections, and issue Certificates of Payment to the Owner d. Prepare written or graphic interpretations of the plans or specifications if required e. Reject work that does not conform to the Contract Documents f. Review and approve Shop Drawings, Product Data and Samples g. Review and advise the Owner regarding proposals and requests for Change Orders h. Site visits at times appropriate during construction Part 6 — Additional Services (if requested) 6.1 Additional Services - IBI will provide Additional Services as mutually agreed upon between IBI and the City not covered under this Service Authorization. Additional Services may include, but not be limited to: • Permitting by other permitting agencies • Additional concepts • Fishing dock design • Lighting/electrical services • Army Corps permitting • Environmental permitting Water/Sanitary sewer design Services performed under this task will be on as -directed basis in accordance with a written Notice -to -Proceed from the City Manager, The Notice -to -Proceed issued shall contain the following information and requirements: • A detailed description of the work to be undertaken • A budget establishing the amount of the fee to be paid in accordance with the Agreement • A time established for completion of the work EXHIBIT "B" Part 7 — Assumptions 7.1 Assumptions — Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect the scope of work, IBI shall advise the City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with the City. • City will provide IBI record drawings of all available existing facilities and proposed facilities • City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers, force mains, reclaimed water mains and drainage. SCHEDULE IBI is prepared to begin work on the project immediately upon receipt of a fully executed Notice to Proceed. The completion dates for this project will be as follows starting at written notice -to - proceed (not including holidays and other delays not controlled by IBI, e.g., hurricanes, information delays, agency delays, etc.): Services Time per Phase Cumulative Time Part 1 —Initialization DESCRIPTION 6 weeks 6 weeks Part 2 — Construction Documents 4 weeks 10 weeks Part 3 — Permitting 6 weeks 16 weeks Part 4 — Final CDs 6 weeks 22 weeks IBI is prepared to expedite the design process and mobilize as soon as notice to proceed is given. Final Construction Documents COMPENSATION IBI Group proposes to render professional survey and landscape architectural design services to the City in connection with the above referenced project for the values depicted below. IBI shall bill the Client a lump sum fee for each Part of the Scope of Services as listed below. Direct expenses shall be included in the fee, as further detailed on the attached Hourly Rate Schedule. The Client agrees that IBI shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. PART DESCRIPTION FEE Part 1 Initialization & Preliminary Design $15,000 Part 2 Construction Document Preparation $10,000 Part 3 Submittal to Review/Permitting Agencies $7,000 Part 4 Final Construction Documents $18,000 Part 5 To be negotiated at the completion of Final Construction Documents Total $50,000 RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 08-67 TO: Carol Dopplar, Purchasing Agent ;a Ell p F` 200 AUG 0 FROM: Jody Rivers, Parks Superintendent eyes DATE: August 6, 2008 SUBJECT: Recommendation for Greenways Consultant A Request for Qualifications was advertised for the Palmetto Greens and Barton Park Greenways. These two projects are funded by FDOT in the amount of $556,070 and require no matching funds. Nine proposals were received and rated by Wally Majors, Director of Recreation and Parks, Wayne Bergman, Building Official. Frantz LaFontant, Project Manager and Jody Rivers, Parks Superintendent. The rating matrix is attached. We recommend that the following firms be taken to the City Commission for consideration to negotiate in the following order: • IBI Group • ConsulTech • Kimley-Horn • Miller Legg If you need any more information, please let us know. Thank you for your assistance in this project. JR/ Attachment PALMETTO GREENS EXTENSION AND BARTON GREENWAY CONSULTANT SELECTION OVERALL RATING MATRIX CRITERIA CO I_ 7 E X 7 G E U _ T` Z 7 U M w` (7 00 � L = r^� VJ (0 -r Y T� `� Y s //0/� v/ � 2 Experience with design of public spaces, natural areas, parks, trails, bikeways, greenways and site planning 30 25 15 20 25 20 20 15 25 20 Bergman 18 12 18 23 17 20 17 25 25 LaFontant 25 18 20 25 20 25 10 20 20 Majors 20 15 20 30 15 25 5 10 20 Rivers Subtotal 88 60 78 103 72 90 47 80 85 Experience with development of construction drawings and bid specifications, and construction observation 20 15 10 10 10 10 15 51 10 10 Bergman 10 10 12 10 10 12 5 15 15 LaFontant 20 12 12 15 10 18 10 15 15 Majors 15 10 10 20 10 20 10 10 15 Rivers Subtotal 60 42j 44 55 40 65 30 50 55 Experience with value engineering and life cycle cost analysis 20 10 5 5 15 5 10 5 15 10 Bergman 11 10 0 14 10 12 10 10 10 LaFontant 10 8 8 15 10 10 5 10 10 Ma'ors 10 0 5 10 0 0 0 10 0 Rivers Subtotal 41 23 18 54 25 32 20 45 30 Experience in and knowledge of Americans with Disabilities Act 15 10 5 5 10 5 5 5 10 5 Ber man 8 10 5 10 5 9 10 10 10 LaFontant 12 8 7 15 7 10 10 10 10 Majors 10 0 5 15 5 10 5 5 5 Rivers Subtotal 40 23 22 50 22 34 30 35 30 Experience in design based on LEED, Florida Green Building Coalition Standards or other "green" construction 15 10 5 5 10 5 10 5 5 5 Ber man 8 11 12 11 8 10 5 15 12 LaFontant 12 8 8 12 7 10 10 10 10 Majors 10 0 5 10 5 5 5 10 5 Rivers Subtotal 40 24 30 43 25 35 25 40 32 On FDOT's qualified consultant0 Bergman list - Y -Yes or N -No LaFontant Majors y y y y y y y y y Rivers MAXIMUM POINTS 400 269 172 192 305 184 256 1521 250 232 21 81 61 11 73 91 41 5 QUALIFIER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 Broadcast Date (City): June 11, 2008 RFQ Title: ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY EXPANSION AND BARTON PARK GREENWAY RFQ Number: 055-2730-08/JA RFQ Received By: JULY 15, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JULY 15, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Vendor: IBI Group, Inc. Federal I.D. Number: 59-1922964 A Corporation of the State of: Florida Area Code: 561 Area Code: 561 Telephone Number: FAX Number: 383-5400 383-5444 Mailing Address: 100 South Olive Avenue City/State/Zip: West Palm Beach, FL 33401 Vendor Mailing Date: July 15, 2008 re Richard C. Wohlfarth, P.E. Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 15 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: Request for Qualifications from Engineers for the Design and Construction Drawings for the Palmetto Greenway Expansion and QUALIFIER: Barton Park Greenway IBI GROUP, INC. DATE SUBMITTED: July 1-3- 2008 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to famish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: IBi Group, Inc., Richard E. Durr, Jr., ASL&, AICP (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 June 17, 2008 2 June 24, 2008 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE V 16 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information 1. Name of Qualifier: IBI Group, Inc. 2. Business Address: 100 South Olive Avenue, West Palm Beach, FL 33401 YMOff' e: Par Central Blvd., North, Suite 100, Pompano Beach, Florida 33064 3. When Organized: March 1979 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? 24 years: name change to IBI Group, Inc. in 2004 6. General character of work performed by your company. Professional Consulting Services: Architecture, Landscape Architecture, Planning, Civil Engineering, Surveying & Mapping, GIS, IT 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 123 in Florida 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. 11, Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 7 STATEMENT OF QUALIFICATIONS continued...... 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone # Dade Blvd. Greenway $300,000 Christine LeDuc 305-673-7080 Broward Greenways $30,000 Mark Horowitz 954-357-6641 AIA Greenway Master Plan $45,000 Mark Horowitz 954-357-6641 Charnow Park $150,000 Susan Goldberg 954-921-3993 13. Contracts on hand. * 14. Largest completed projects (include final cost). IN Hollywood Streetscape master Plan $150,000 2) Hollywood Charnow Park $150,000 3) Royal Palm Beach Village Commons $250,000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * I ) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20 By: (written signature) Name: (printed or typed) Title: Rev. 05/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE ]S ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Richard C. Wohlfarth, P.E. Associate Director Sworn and subscribed before me this 11 day of July 20 08 NOTARY PUBLIC, State of Florida at Large NOTARY PUBUC•STATE OF FLORIDA w Andrea Merker =Commission #DD577357 .„. Expires; JULY 24, 2010 BONDED THRU ATIMMC BONDING Co" 'NC' "OFFICIAL NOTARY SEAL" STAMP Printed Information: Richard C. Wohlfarth, P.E. NAME Associate Director TITLE IBI Group, Inc. COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE vj NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER a —' State of Florida ) County of Broward Richard C. Wohlfarth , being first duly sworn, deposes and says that: 1) He is Associate Director of IBI Group. Inc. , the qualifier that (Title) (Name of Corporation or Firm) has submitted the attached RFQ: Engineering Services for the Design and Construction Drawings for the Palmetto Greenway Expansion and Barton Park Greenway. 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price .or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and i 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of 1 its agents, representatives, owners, employees, or parties in interest, inc g ant. i (Signed) (Title) Associate Director 1 � Subscribed and sworn to before me (��— This _11 day of July 20 QS Qty TUBUC-STATS F FI �RII}A My commission expires �, Andrea Mer er :Commission # DDS77357 Expires; JULY 24, 2010 BOVDED TIRU ATIpDT17C BONQINO CO., INC. THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please .fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response, Is your company a Minority Owned Business ? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( } WOMEN l 1 OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 21 f VI. -CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4 AGENDA ITEM REQUEST FORm y.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 X January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative X Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) O 03 March 16, 2009 (Noon) C3 W O ❑ City Manager's Report ❑ New Business ❑ Legal ❑ Unfinished Business RECOMMENDATION: Motion to approve a resolution to authorize a contract in the amount of $ t -9,300 -with IBI—Group, -- Inc. for design and development of construction drawings for the Barton Greenway. EXPLANATION: The City of Boynton Beach has received two (2) grants from the Florida Department of Transportation (FDOT), one for the design and construction of the Palmetto Greenway Extension in the amount of $440,000 and one for the design and construction of the Barton Greenway in the amount of $116,070. For auditing purposes, a separate resolution for each project is required. At the September 2, 2008 Commission meeting, the Commission approved the negotiation of a contract with the IBI Group, Inc of West Palm Beach, FL for the design and construction drawings for the Barton Greenway. The Barton Greenway will begin at the western terminus of the Palmetto Greenway Extension and run south to Galaxy Elementary School through Barton Memorial Park and the Barton Scrub. The greenway is included in the City's Greenway, Bikeway and Blueway Plan. The purpose of the plan is to improve and encourage bicycle, pedestrian and waterway transportation in the City which allows for comfortable and safe non -motorized travel. PROGRAM IMPACT: There will be no impact on staff. Additional staff is not required. FISCAL IMPACT: The current FY 08/09 Capital Improvement Program includes funding as follows: Barton Greenway $116,070 - $18,300 of which is for consultant services (Acct 4 302-4209-580-63-05 CP0813) The FDOT mandates the amount for the consultant. FDOT does not require any matching funds for the grant. ALTERNATIVES: Not to construc the greenway. Recreation and Parks &&AA2 ep nt e Procurement Services S:\BULLETfMFORMS\AGENDA ITEM REQUEST FORM.DOC ol City anager's Signature , ssistant to City Manager City A orney / Finance 1 ' RESOLUTION NO. R09 21 3f A RESOLUTION OF THE CITY COMMISSION OF 4i` THE CITY OF BOYNTON BEACH, FLORIDA, 51 APPROVING AUTHORIZING THE MAYOR AND 61 CITY CLERK TO EXECUTE A CONSULTANT 7i1 AGREEMENT FOR ENGINEERING SERVICES FOR 8E THE DESIGN AND CONSTRUCTION DRAWINGS 9i FOR THE BARTON GREENWAY BETWEEN THE 10CITY OF BOYNTON BEACH AND IBI GROUP, INC., 11 IN THE AMOUNT OF 518,300.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach has received a grant from the 1� lorida 16 Department of Transportation for the for the design and construction of the Barton Park 17 Greenway in the amount of $116.070.00: and 18t WHEREAS, the City Commission of the City of Boynton Beach. upon fj 19 recommendation of staff: hereby deems it to be in the best interests of the citizens and 20 residents of the City of Boynton Beach, to approve the execution of a Consultant Agreement 21 for Engineering Services for the Design and Construction Drawing for the Barton Part: 2211 Greenway. 2311 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 24 11 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 1 € Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I �o 26 1 being true and correct and are hereby made a specific part of this Resolution upon adoption f� 27 i hereof. �E li 28 Section 2. The City Commission of the City of Boynton Beach. Florida does t it 29 hereby approve and authorize the Mayor and City Clerk to execute a Consultant Agreement 30 for Engineering Services for the Design and Construction Drawing for the Barton Park S \CA\RES0\Agreements\Consu1tant Agmt Resos\Consultant - Engineering Services IBI Barton Park Greenway doc 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 Greenway in the amount of $18,300.00, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services IBI Barton Park Greenway.doc CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS FOR BARTON GREENWAY EXPANSION THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and IBI Group, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 154 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $18,300.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed. services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3 ) years after final payments. Copies shall be made available upon request. CA -1 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. CA -2 For breach or violation of this warranty, the City shall have the right to annul this contra without liability or, in its discretion to deduct from the contract price or consideration, otherwise recover, the full amount of such tee, commission, percentage, brokerage fee, gin or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin. religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the Citv. 13. NON -WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at anytime by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Jody Rivers, Parks Superintendent Notices to Consultant shall be sent to the following address: IBI Group, Inc. 100 South Olive Avenue West Palm Beach, Fl 33401 Attn: Richard C. Wohlfarth, P.E. ('A-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of , 20 CITY OF BOYNTON BEACH Mayor Attest/Authenticated: City Clerk Approved as to Form: Consultant Title (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA -4 EXHIBIT "B" BARTON PARK MEMORIAL GREENWAY PROJECT APPROACH AND IMPLEMENTATION The following outlines our approach for this exciting project in a contract -like format. Included are the following: • Overall approach and methods to achieve the goals of the project • The degree of staff interaction and involvement, specifically enumerated for each task • Anticipated schedule of completion and timeframes for each stage of the project • Highly detailed deliverables schedule for each task • All services anticipated for the successful completion of the project and the role of each member of the team • Number of meetings anticipated • Number and types of permitting agencies that will be applicable to this project • Types of base information required for design PROJECT DESCRIPTION The scope detailed herein contains the entire scope of work to be performed for this project, and supersedes any previous scope and/or the boilerplate scope in the Master Agreement. The project includes the development of a greenway located along I-95 between C-16 Canal and south to NW 8`t' Avenue. The components of the park from C-16 to NW 10 Avenue include: • Resurfacing of exiting multi-purpose path • Multi-purpose path connection to Palmetto Greenway Extension • Minor paving and drainage design • Benches and trash receptacles The components for the greenway from NW 10`x' Avenue to NW 8`h Avenue include: • Multi-purpose pathway through the natural scrub area • Paving and drainage design • Benches and trash receptacles The site is located within the City of Boynton Beach. The City is not the owner of the property. The City's construction budget for this project is currently approximately $94,600 for project design, permitting and construction. SCOPE OF SERVICES - DESIGN AND PERMITTING Part 1 — Initialization & Preliminary Design 1.1 Project Management — in addition to the specific services detailed below, IBi shall coordinate with the City's representative and the City's project team, monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. EXHIBIT "B" 1.2 Site Survey and Existing Data - IBI shall commission a survey to be completed of the project site. Survey information shall include centerline of the existing path. The survey shall also include spot grades along the centerline of the existing path and spot grades within the natural scrub area as well as property boundary locations. A tree survey WILL NOT be provided. Additionally, IBI will request "As Built" information from the appropriate agency for underground utilities in the areas where buried improvements are proposed. 1.3 SFWMD Pre -Application Meeting — IBI shall meet one (1) time with the SFWMD to review those standards and requirements that the District will use in the evaluation of the project for permitting purposes. IBI shall provide written meeting minutes to the City. 1.4 Site Analysis — IBI will visit the site one (1) time in order to develop an understanding of the site's opportunities and constraints, and will prepare a memorandum summarizing our findings. 1.5 Design Intent Meeting / Kickoff Meeting - IBI will attend a meeting with the City to develop a shared vision for the project. The purpose of this exercise is to develop an image of the project based on the development program and themes discussed. The Other potential topics of discussion may include project schedule, data collection results, refinement of the review process, etc. IBI shall compile meeting minutes and distribute. 1.6 Preliminary Plan — IBI will submit a preliminary plan for the development of the properly based on the development program listed within. The plan will be based loosely on the work previously done by the City. The plan will demonstrate an alternative for greenway multi -path development. The City shall provide one (1) consolidated set of review comments. Revision to the preliminary plan shall be made as a part of the Construction Document Preparation in Part 2. 1.7 Conceptual Opinion of Probable Cost — IBI shall prepare a preliminary opinion of construction costs for the elements in the Preliminary Plan. The Opinion of Probable Cost shall include a 20% construction cost contingency. Deliverables — As a result of these tasks, IBI shall produce the following no later than 45 days from Notice to Proceed (NTP): • One (1) copy of the Conceptual Master Plan • One (I) copy of conceptual Opinion of Probable Costs • One (1) copy of meeting minutes from the Kickoff Meeting • One (1) copy of meeting minutes from the SFWMD Pre -Application Meeting EXHIBIT, "B" Part 2 — Construction Document Preparation 2.1 60% Construction Documents- IBI shall incorporate review comments and submit 60"() construction documents package for site to develop the following site features. Specifically, IBI shall prepare plans and details for the elements identified below, as well as construction details, including details, elevations, and sections provided as necessary to communicate the design intent and construction materials. The development program is as follows: a. Paving and Grading Design, including: • Path (concrete or asphalt) b. Landscape Design, including: • Shade / Palm tree locations, including existing vegetation to remain, relocated or removed • Ground cover (turf, low ground covers) Hardscape and Amenities, including: • Bench locations and selection • Informational and regulatory signs location • Trash receptacles locations and selection 2.2 Preliminary Estimate of Probable Cost - IBI shall prepare an preliminary estimate of probable cost for all elements detailed in the 60% Construction Documents and submit to the Client for review. 2.3 Client Review of 60% Documents Submittal -The Client will review the documents at the 60 percent stage of completion. Minor changes will be incorporated as the plans progress. Major changes that represent a significant departure from the original design program, budget, and/or the approved alignment shall be considered Additional Services. Upon receipt of the properly executed permit applications and the City's comments and approval of the 60% progress documents, IBI will prepare and deliver to the SFWMD, specified in Part 3 below, a permit package. Deliverables — As a result of these tasks, IN shall submit the following no later than 75 days from (NTP).- a. NTP):a. Eight (8) copies of the 60% Documents at I"= 40' on 22 "x34 "sheets b. Appropriate number and types of permit applications for execution by the Client c. One (1) copy of the Estimate of Probable Cost EXHIBIT "B" Part 3 - Submittal to Review/Permitting Agencies L 3.1 SFWAM Permit Submittals — The surface water management design information and signed and sealed plans will be submitted to the SFWMD surface water management section. Associated permit application fees shall be determined by IBI and paid by the City. 3.2 FDOT LAP Review — IBI shall submit the appropriate plans to FDOT for compliance with the MOT LAP program. 3.3 Agency Review and City Approvals — IBI shall submit the appropriate applications for the review of the 60% plans for the City's review. IBI shall prepare these applications and submit to the City for signature and execution. IBI shall also attend review meetings to present the plans at each agency meeting and respond verbally to comments. Revisions to the documents shall be made as the project proceeds forward into Final Design. 3.4 Permit Monitoring - In addition to preparing the permit applications for appropriate regulatory agencies, IBI shall assist the City in consultations with the appropriate authorities. IBI's services shall include the following: • Attend up to one (1) pre -application meeting with the staff of each of the regulatory agencies. • Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. Respond to request(s) for additional information from each agency. Deliverables —As a result of these tasks, IBI shall submit the following IBI shall submit the following no later than 75 days from (NTP): a. Appropriate number and types ofpermit applications Part 4 - Final Construction Documents 4.1 Final Construction Documents -Upon issuance of appropriate approvals for the site, IBI will incorporate the permit comments and special conditions into the 60% progress documents and prepare the technical specifications. These revised documents shall be submitted to the City as Final Construction Documents. EXHIBIT "B" 4.2 Final Estimate of Probable Cost - IBI shall prepare a final estimate of probable cost for all elements detailed in the Final Construction Documents and submit to the Client. Deliverables — As a result of these tasks, IBI shall submit the following subsequent to permitting comments from the appropriate agencies (estimated at '2 iveeks after NTP). - a. Eight (8) copies of the Final Construction Documents at 1"= 40' on 22 "x34 "sheets b. One (1) copy of the Final Estimate of Probable Cost c. One (1) master copy of the Design Specif cations for future reproduction by the Client d. "Green " summary statement - approximation of LEED rating according to USGBC Part 5 — Bidding Assistance and Construction Services (if requested) 5.1 Bidding Assistance — IBI will provide the following services: a. Assist the Owner in preparing and filing bid documents b. Prepare unit price bid forms c. Prepare and print bid packages, including plans, technical specifications and Owner - provided "front-end" documents d. Prepare clarifications, amendments and/or addenda to the bid packages if needed e. Address bidder's questions during the bidding process through Purchasing Division f. Attend the pre-bid meeting (Purchasing Division to direct the meeting) g. Assist the Owner in evaluating bids 52 Construction Observation — IBl will provide construction observation services, including the following: a. Review, examine and approve the Contractor's Schedule of Values b. Review the work of the Contractor to determine if the work is being accomplished in accordance with the Construction Documents. Prepare and submit a written report after each site visit c. Determine amounts owed to the Contractor based on field inspections, and issue Certificates of Payment to the Owner d. Prepare written or graphic interpretations of the plans or specifications if required e. Reject work that does not conform to the Contract Documents f. Review and approve Shop Drawings, Product Data and Samples g. Review and advise the Owner regarding proposals and requests for Change Orders h. Site visits at times appropriate during construction EXHIBIT "B" y Part 6 — Additional Services (if requested) 6.1 Additional Services - IBI will provide Additional Services as mutually agreed upon between IBI and the City not covered under this Service Authorization. Additional Services may include, but not be limited to: • Permitting by other permitting agencies • Additional concepts • Fishing dock design • Lighting/electrical services • Army Corps permitting • Environmental permitting • Water/Sanitary sewer design • Tree Survey • Preparation of Tree Mitigation Drawings • Preparation Tree Relocation Drawings • Preparation of Tree Removal License Application(s) • Signage Design Services performed under this task will be on as -directed basis in accordance with a written Notice -to -Proceed from the City Manager. The Notice -to -Proceed issued shall contain the following information and requirements: • A detailed description of the work to be undertaken • A budget establishing the amount of the fee to be paid in accordance with the Agreement • A time established for completion of the work Part 7 — Assumptions 7.1 Assumptions — Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect the scope of work, IBI shall advise the City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with the City. • City will provide IBI record drawings of all available existing facilities and proposed facilities • City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers, force mains, reclaimed water mains and drainage. EXHIBIT "B" SCHEDULE IBI is prepared to begin work on the project immediately upon receipt of a fully executed Notice to Proceed. The completion dates for this project will be as follows starting at written notice -to - proceed (not including holidays and other delays not controlled by IBI, e.g., hurricane . information delays, agency delays, etc.): Services Time per Phase Cumulative Time Part 1 —Initialization Part 2 — Construction Documents Part 3 — Permitting Part 4 — Final CDs 6 weeks 6 weeks 4 weeks 10 weeks 6 weeks 16 weeks 6 weeks 22 weeks IBI is prepared to expedite the design process and mobilize as soon as notice to proceed is given. COMPENSATION IBI Group proposes to render professional survey and landscape architectural design services to the City in connection with the above referenced project for the values depicted below. IBI shall bill the Client a lump sum fee for each Part of the Scope of Services as listed below. Direct expenses shall be included in the fee, as further detailed on the attached Hourly Rate Schedule. The Client agrees that IBI shall not be required to provide detailed backup, in the form of hour]N detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. PART DESCRIPTION FEE Part 1 Initialization & Preliminary Design $8,000 Part 2 Construction Document Preparation $5,000 Part 3 Submittal to Review/Permitting Agencies $1,500 Part 4 Final Construction Documents $3,800 Part 5 To be negotiated at the completion of Final Construction Documents Total $18,300 RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 08-67 EE D TO: Carol Dopplar, Purchasing Agent73 " 0 � 2008 FROM: Jody Rivers, Parks Superintendent AUG St;;Es DATE: August 6, 2008 SUBJECT: Recommendation for Greenways Consultant A Request for Qualifications was advertised for the Palmetto Greens and Barton Park Greenways. These two projects are funded by FDOT in the amount of $556,070 and require no matching funds. Nine proposals were received and rated by Wally Majors, Director of Recreation and Parks, Wayne Bergman, Building Official, Frantz LaFontant, Project Manager and Jody Rivers, Parks Superintendent. The rating matrix is attached. We recommend that the following firms be taken to the City Commission for consideration to negotiate in the following order: • IBI Group • ConsulTech • Kimley-Horn • Miller Legg f you need any more information, please let us know. Thank you for your assistance in this project. JR/ Attachment PALMETTO GREENS EXTENSION AND BARTON GREENWAY CONSULTANT' SELECTION OVERALL RATING MATRIX CRITERIA o a 1= E X 2 U U = U ocu C Q C t0 E w Q o m vD U) -0_ C cB Y C Y in C � .in - N 0) N o C (p Experience with design of public spaces, natural areas, parks, trails, bikeways, greenways and site planning 30 25 15 20 25 20 20 15 25 20 Bergman 18 12 18 23 17 20 17 25 25 LaFontant 25 18 201 25 20 25 10 20 20 Majors 20 15 20 30 15 25 5 10 20 Rivers Subtotal 88 60 78 103 72 90 47 80 85 Experience with development of construction drawings and bid specifications, and construction observation 20 15 10 10 10 10 15 5 10 10 Bergman 10 10 12 10 10 12 5 15 15 LaFontant 20 12 12 15 10 18 10 15 15 Majors 15 10 10 20 10 20 10 10 15 Rivers Subtotal 60 42 44 55 401 65 30 50 55 Experience with value engineering and life cycle cost analysis 20 10 5 5 15 5 10 51 15 10 Bergman 11 10 0 14 10 12 101 10 10 LaFontant 10 8 8 15 10 10 51 10 10 Majors 10 0 5 10 0 0 01 10 0 Rivers Subtotal 41 23 18 54 25 32 201 45 30 Experience in and knowledge of Americans with Disabilities Act 15 10 5 5 10 5 5 51 10 5 Bergman 8 10 5 10 5 9 101 10 10 LaFontant 12 8 7 15 7 10 10 10 10 Majors 10 0 5 15 5 10 5 5 5 Rivers Subtotal 40 23 22 50 22 34 30 35 30 Experience in design based on LEED, Florida Green Building Coalition Standards or other "green" construction 15 10 5 5 10 5 10 5 5 an 5ERivers 8 11 12 11 8 10 5 15 12ant 12 8 8 12 7 10 10 10 10 10 0 5 10 5 5 5 10 5 Subtotal 40 24 30 43 25 35 25 40 32 On FDOT's qualified consultant oly ly y y y y y y yBergman list - Y -Yes or N -No LaFontant y y Y y y y _ Majors Y y Y Y y Y y y y Rivers MAXIMU^" POINTS 400 269 2 172 8 192 6 305 11 184 7 25J ---9r--41 152 250 232 5 QUALIFIER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): June 11, 2008 RFQ Title: ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY EXPANSION AND BARTON PARK GREENWAY RFQ Number: 055-2730-08/JA RFQ Received By: JULY 15, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: JULY 15, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Vendor: IBI Group, Inc. Federal I.D. Number: 59-1922964 A Corporation of the State of Florida Area Code: 561 Telephone Number: 383-5400 Area Code: 561 FAX Number. 383-5444 Mailing Address: 100 South Olive Avenue City/State/Zip: West Palm Beach, FL 33401 Vendor Mailing Date: July 15, 2008 re Richard C. Wohlfarth, P.E. Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 15 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: Request for Qualifications from Engineers for the Design and Construction Drawings for the Palmetto Greenway Expansion and QUALIFIER: Barton Park Greenway IBI GROUP, INC. DATE SUBMITTED: July 15. 2008 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to famish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: IBi Group, Inc., Richard E. Durr, Jr., ASLA, AICP (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 June 17, 2008 2 June 24, 2008 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9M a STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information 1. Name of Qualifier: IBI Group, Inc. 2. Business Address: 100 South Olive Avenue, West Palm Beach, FL 33401 Main f€iice• nark Central Blvd., North, Suite 1001 Pompano Beach, Florida 33064 3. When Organized: Marcia 1979 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? 24 years; name change to IBI Group, Inc. in 2004 G. General character of work performed by your company. Professional Consulting Services: Architecture, Landscape Architecture, Planning, Civil Engineering, Surveying & Mapping, GIS, IT 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 123 in Florida 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity. N/A 11, Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 17 STATEMENT OF QUALIFICATIONS continued...... 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Dade Blvd. Greenway $300,000 Christine LeDuc Broward Greenways $30,000 Mark Horowitz AlA Greenway Master Plan $45,000 Charnow Park $150,000 Mark Horowitz Susan Goldberg 13. Contracts on hand. * 14. Largest completed projects (include final cost). ,\ Hollywood Streetscape master Plan $150,000 Phone # 305-673-7080 954-357-6641 954-357-6641 954-921-3993 2) Hollywood Charnow Park $150,000 3) Royal Palm Beach Village Commons $250,000 1$. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of �0 (written signature) Name: (printed or typed) Title: 20_ Rev. 05/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE is ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to' any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: r--4� Richard C. Wohlfarth, P.E. Associate Director Sworn and subscribed before me this 11 day of July 20 08 NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIDA Andrea Merker :Commission #DD577357 ,,,,,,.•`' Wires: JULY 24, 2010 BONDED THRU ATLANTIC BONDING CO., INC. "OFFICIAL NOTARY SEAL" STAMP Printed Information: Richard C. Wohlfarth, P. E. NAME Associate Director TIME IBI Group, Inc. COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER —, State of Florida ) i 1 County of Broward i Richard C. Wohlfarth being first duly sworn, deposes and says that: 1) He is Associate Director of IBI Group, Inc. , the qualifier that (Title) (Name of Corporation or Firm) has submitted the attached RFQ: Engineering Services for the Design and Construction Drawings for the Palmetto Greenway Expansion and Barton Park Greenway. 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of i its agents, representatives, owners, employees, or parties in interest, inc g t ' nant. r (Signed) F (Title) Associate Director k Subscribed and swom to before me This 11 day of Judy 2008 nTARyPUBUC-STATE F FLOWBA My commission expires `'''� An&ea Merker i Commission # DD577357 ,,.•' Expires: JULY 24, 2010 BO. DED THRu aimnc BONDING CO„ INC, 3 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response, Is your company a Minority Owned Business ? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( 1 OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 21 IBI GROUP (WEST PALM BEACH) - RFQ #055-2730-08/JA - PALMETTO GREENWAY EXTENSION AND BARTON PARK MEMORIAL GREENWAI' EN JULY 15, 2008 Cerci ftCat ion R.J. Behar & Company, Inc. i5 cerfified as a Minorky auAiurvs Entvrprise unJer the provision,% of C6pUr 287, FluriJa Stat utos for a one year Period &o1: CA P- Mw:h2.;0% tp M"h 2, 2M F"', Dopmrlm"e of Nwsqw"0Mf ss!ry k -w 01%. W�-r Di` ma$r TAawwa", Pl.u!fg;)'ws0 - MAW.015 State of Flo-rida .1 '11,70141tY Btisiluoss- Cerci ftCat ion R.J. Behar & Company, Inc. i5 cerfified as a Minorky auAiurvs Entvrprise unJer the provision,% of C6pUr 287, FluriJa Stat utos for a one year Period &o1: CA P- Mw:h2.;0% tp M"h 2, 2M F"', Dopmrlm"e of Nwsqw"0Mf ss!ry k -w 01%. W�-r Di` ma$r TAawwa", Pl.u!fg;)'ws0 - MAW.015 CONFIRMATION OF DRUG-FREE WORKPLACE —' IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 1 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee } will abide by the terms of the statement and will notify the employer of any conviction of, or d plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no i later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that thlt co fully with - ! the above requirements. a See attached Drug Free Workplace l policy. Vendor's gignature Richard C. Wohlfarth, P.E. Associate Director 1 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 22 t PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: i 1) Publish a statement notifying employees that the unlawful manufacture, distribution, 1 dispensing, possession, or use of a controlled substance is prohibited in the workplace and 1 specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. . 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. l Vendor's Signature � T ♦ __ __ __ ____ SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFQ TITLE:ENGMERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY EXPANSION AND BARTON PARK gMjNW A Y RFQ #: o55 273"SQA MAIN CONTRACTOR NAME: IBI Group, Inc. *MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (Specify) j NAME/ADDRESS/ PHONE OF 1 SUBCONTRACTOR TYPE OF WORK TO BE PERFORMED MINORITY DOLLAR AMOUNT % OF TOTAL STATUS TYPE CERTIFIED 4 Yes 4 No *(see key below) 4 Yes 4 No R. J. Behar & Company, Inc. 12788 Forest Hill Blvd., Suite 20036 Wellington, Fl. 33414 Tel: 581 333.70001 Fax: 561 333.7001 Engineering Services f 2 f TBD TBD THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 23 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IBI GROUP (WEST PALM BEACH) - RFQ #055-2730-08/1A - PALMETTO GREENWAY EXTENSION AND BARTON PARK MEMORIAL GREENWAY MRION P JULY 15, 2008 State of Florida I -11b 'm .1117 0 I'll tY 1-114sylless h4d'el-pl-1901 C -1 ertifteation RJ. Behar & Company, Inc. is vertiked ig's a Minority Busine,"s Hntgrprift uu&-r the provisiont of C6pter 287,14orida Steo for a one year period Grp: mwo 2" ;008 to t 2, 2m &- Awida Daparbmml of m0#qvvmr#nf svrvitw sakk�o - TA,6—p, q"" CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and 6 specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of 1 maintaining a drug-free %morkplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than S days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ' As the person authorized to sign the statement, I certify that this -f' co fully with the above requirements. 1 See attached Drug Free Workplace policy. 1 Vendor's gignature Richard C. Wohlfarth, P.E. Associate Director THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 22 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMrrTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, 1 dispensing, possession, or use of a controlled substance is prohibited in the workplace and 1 specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drag -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for 1 drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). l 4) In the statement specified in subsection (1), notify the employee that, as a condition of 3 working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee B who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. i Vendor's Signature THTC PA GV TO RF. QTMX4TY rFn AT nNr wrrsr V V QvnnrQV nv nunFu Vnu - SCHEDULE OF SUBCONTRACTING/MINORTTY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFQ TITLE:ENGINEERING SERVICES FOR TM DESIGN An CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY EXPANSION AND BARTON PAM GREENWAY RFQ #: 055-2730-g81JA IBI Group, Inc. MAIN CONTRACTOR NAME: p► *MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (Specify) I NAME/ADDRESS/ PHONE OF SUBCONTRACTOR TYPE OF WORK. TO BE PERFORMED MINORITY DOLLAR AMOUNT % OF TOTAL STATUS TYPE CERTIFIED 4 Yes 4 No *(see key below) 4 Yes 4 No R. J. Behar & Company, Inc. 12788 Forest Hill Blvd., Suite 20038 Wellington, FL 33414 Tel: 561 333-70001 Fax: 561 333-7001 Engineering Services �/ 2 ✓ TBD TBD THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 2 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VI. -CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ® Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) RECOMMENDATION: Motion to approve and authorize the City Manager to sign an Agreement commencing February 1, 2009 and continuing through September 30, 2011 with an option to renew for a two-year period, via a Resolution amending an Agreement for Banking Services with Bank of America, N.A. initially approved by Resolution No. R04-017., resulting from RFP No. 008-1410-04/CJD. EXPLANATION: The current Agreement for Banking Services with Bank of America expires February 1, 2009. However, with the worsening worldwide financial situation this past fall and current uncertainties in the banking world, it was determined in the best interest of the City, not to issue a Request for Proposals at this time. In addition, besides being the busiest time of the year for the Financial Services Department, we are in the midst of implementing a new electronic payables system with Bank of America that we would have to put on hold. This system has the potential to generate revenues of $75-100,000 annually in fees paid to the City once fully implemented with the Bank. In addition, when the original responses to our RFP for Banking Services were evaluated, Bank of America had submitted the lowest fees for banking services and was ranked first in other criterion. However, in further due diligence, Financial Services staff evaluated banking responses to a Request for Proposals that the City of Boca Raton issued in May 2008. Bank of America was clearly ranked first by Boca Raton. We discovered that some of the proposed banking service fees to Boca Raton were higher than ours; other fees were lower. In discussions with Bank of America officials, we negotiated that our new fees effective with the Amended Agreement would be the lower of banking service fees in our original Agreement or the fees proposed to the City of Boca Raton. Based on this fee comparison, our banking service fees will be reduced by approximately 12% annually. All other very favorable terms and conditions of the original Agreement remain the same except that it will terminate at the end of the City's fiscal year rather than in February. PROGRAM IMPACT: The City's banking services are currently with Bank of America. They provide the City and our employees with excellent service for the past five years. While being a very large bank, they provide a local hometown level of service. They demonstrate local commitment to Palm Beach County through a variety of ways — in the volunteer efforts of their associates and financial grants to nonprofit partners, which help America's children and families succeed, neighborhoods flourish and communities prosper They have an excellent credit rating (Moody's, Aaa and Standard & Poor's, AA) as recent as this past September. SABULLETINIFORMSIAGENDA rrEM REQUEST FORM.DOC February 17, 2009 (Noon) March 2, 2009 (Noon) a March 16, 2009 (Noon) is ❑ City Manager's Report 3�C ❑ New Business_ ❑ Legal ❑ Unfinished Business RECOMMENDATION: Motion to approve and authorize the City Manager to sign an Agreement commencing February 1, 2009 and continuing through September 30, 2011 with an option to renew for a two-year period, via a Resolution amending an Agreement for Banking Services with Bank of America, N.A. initially approved by Resolution No. R04-017., resulting from RFP No. 008-1410-04/CJD. EXPLANATION: The current Agreement for Banking Services with Bank of America expires February 1, 2009. However, with the worsening worldwide financial situation this past fall and current uncertainties in the banking world, it was determined in the best interest of the City, not to issue a Request for Proposals at this time. In addition, besides being the busiest time of the year for the Financial Services Department, we are in the midst of implementing a new electronic payables system with Bank of America that we would have to put on hold. This system has the potential to generate revenues of $75-100,000 annually in fees paid to the City once fully implemented with the Bank. In addition, when the original responses to our RFP for Banking Services were evaluated, Bank of America had submitted the lowest fees for banking services and was ranked first in other criterion. However, in further due diligence, Financial Services staff evaluated banking responses to a Request for Proposals that the City of Boca Raton issued in May 2008. Bank of America was clearly ranked first by Boca Raton. We discovered that some of the proposed banking service fees to Boca Raton were higher than ours; other fees were lower. In discussions with Bank of America officials, we negotiated that our new fees effective with the Amended Agreement would be the lower of banking service fees in our original Agreement or the fees proposed to the City of Boca Raton. Based on this fee comparison, our banking service fees will be reduced by approximately 12% annually. All other very favorable terms and conditions of the original Agreement remain the same except that it will terminate at the end of the City's fiscal year rather than in February. PROGRAM IMPACT: The City's banking services are currently with Bank of America. They provide the City and our employees with excellent service for the past five years. While being a very large bank, they provide a local hometown level of service. They demonstrate local commitment to Palm Beach County through a variety of ways — in the volunteer efforts of their associates and financial grants to nonprofit partners, which help America's children and families succeed, neighborhoods flourish and communities prosper They have an excellent credit rating (Moody's, Aaa and Standard & Poor's, AA) as recent as this past September. SABULLETINIFORMSIAGENDA rrEM REQUEST FORM.DOC CITY OF BOYNTON BEACH a�AGENDA ITEM REQUEST FORM �roN 6 FISCAL IMPACT: Based on a recent month, annualized banking services fees currently approximate $33,000. This Agreement will reduce those fees by 12% to about $29,000. In addition, Bank of America gives the City an interest earnings credit for monies on deposit that would reduce annual costs to approximately $20,000. Future costs will vary by the number of City banking transactions that determine the banking service fees and the interest earnings credit. Remaining with Bank of America at this time will avoid setup fees estimated at $5,000 plus significant staff time with any change of banks. In addition, the City would not have to delay or forego the potential revenues of $75-100,000 paid to the City for the electronic payables project currently underway. ALTERNATIVES: Not amend the Agreement as recommended with Bank of America and extend it on a month-to- month basis while issuing a Request for Proposals and assuming the risks of the current uncertainties in the banking world with the potentia of higher banking service costs and lost or deferred revenues. Department Head's Signature City Manager's Signature Financial Services Department Name SABULLETIN\FORMSVWGENDA ITEM REQUEST FORM.DOC Assistant to City Manager City Attorney / Finance 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 RESOLUTION NO. R09 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT FOR BANKING SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND BANK OF AMERICA, N.A.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach's banking services are currently with Bank of American as approved by the City Commission via Resolution 04-017 and which agreement is due to expire February 1, 2009; and WHEREAS, due to the uncertainties in the banking world city staff is recommending that the City of Boynton Beach's banking services remain with Bank of America at an amended and reduced rate of fees; and WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to execute a Banking Services Agreement with Bank of ica for the City's banking services for the period of February 1, 2009 through September , 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, hereby approves authorizes the City Manager to execute a Banking Services Agreement with Bank of \CAIREMAgreements\Amending Bank of America Banks Services Agmt.doc 1 ; I America for the City's banking services for the period of February I. 200() through September 2 j i 30, 2011, a copy of which is attached hereto as Exhibit'A"' 3 4 Section 3. This Resolution shall become effective immediately upon passage 4 5 PASSED AND ADOPTED this day of January, 2009. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO�AgreementsWmending Bank of America Banks Services Agmt.doc R CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this 20th day of January, 2009, by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City", and Bank of America, N.A., a State chartered banking institution, herein referred to as "Bank". WITNESSETH: WHEREAS, the City is desirous of extending its current Agreement with the Bank entered into on February 3, 2004 to provide the City's banking services; and WHEREAS, the City and the Bank renegotiated and lowered certain fees charged by the Bank to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. TIME FOR PERFORMANCE: The performance of the Agreement shall commence February 1, 2009, and shall remain in effect through September 30, 2011. The City will have the option to extend the contract for another two-year period, providing both parties mutually agree. Any proposed changes by the Bank relating to the extension will be provided to the City 90 days prior to the contract expiration date. 2. SCOPE OF SERVICES: The Bank agrees to provide the services specified, with qualified personnel, and at the costs specified in its proposal to the City dated October 30 2003, (except those renegotiated and attached as Exhibit "A") incorporated by reference herein and made a part hereof as fully as if herein set forth. The Bank hereby acknowledges submitting renegotiated prices attached as Exhibit "A" and said proposal in response to the City's Request for Proposal for Banking Services. Said Request for Proposal for Banking Services being incorporated by reference herein and made a part hereof as fully as if herein set forth. 3. PAYMENT FOR SERVICES: The City agrees to provide payment to the Bank under the following payment arrangement: Payment will be made by a "specific charges for service" method. The Bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an Account Analysis for each account and a summary Account Analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Following the City's opportunity to review the monthly account analysis, and reconcile any discrepancies, a check will be issued to the Bank for the approved charges, less any contested charges. There shall be no automatic debiting of the City's accounts for service charges. 4. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively extend this Agreement. Such pians and procedures of operation shall become effective upon acceptance by the Finance Director, E. Barrett Atwood, Sr., and the Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which Agreement and consent shall not be unreasonably withheld or denied. 5. INDEMNIFICATION: The Bank shall indemnify, defend and hold harmless the City, it officers, elected officials, agents and employees, from and against any and all claims, actions, losses (including economic losses), or liability, or any portion thereof, including attorneys fees and costs, arising from any actual or alleged a) injury, sickness, disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of Page 1 of 4 CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES infringement of patent rights by the Bank in the performance of the Scope of Services, or c) liens claims or actions make by the Bank or its agents, subsidiaries or other party performing the work The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages, compensation, or benefits payable by or for the Bank under workers' compensation acts, disability benefit acts, other employee benefit acts or any statutory bar Any cost of expenses, including attorney's fees, incurred by the City to enforce this Agreement shall be borne by the Bank. With regard to any financial loss which may be suffered by the City as a result of or due to intentional or negligent acts of commission or omission by the Bank, the Bank hereby agrees to reimburse and hold harmless the City for such loss. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required insurance as set forth in the Bank's Response to Request for Proposal for Banking Services being incorporated by reference herein. Each insurance policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or secure this Agreement, and that the Bank has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Bank, a fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making this Agreement. For breech or violation this warranty, the City shall by the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. DISCRIMINATION PROHIBITED: The Bank, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials and supplies. 9. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 10. NON -WAIVER: Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision 11. TERMINATION: The City reserves the right to terminate this Agreement at any time by giving 30 (thirty) days written notice to the Bank. 12. DISPUTES: Any dispute out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County Florida. 13. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435-3838 ATTN: E. BARRETT ATWOOD, SR., DIRECTOR OF FINANCE Page 2 of 4 CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES Notices to THE Bank shall be sent to the following address: BANK OF AMERICA, N.A. 625 NORTH FLAGLER DRIVE, 10T" FLOOR WEST PALM BEACH, FLORIDA 33401-4025 ATTN: LINDA MASON, SENIOR VICE PRESIDENT Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received; however facsimiles received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must also be mailed as required herein. 14. INTEGRATED AGREEMENT: This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Bank and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Bank. 15. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. 17. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. Page 3 of 4 CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. DATED this 20th of January, 2009 CITY OF BOYNTON BEACH City Manager City Attorney City Clerk (Corporate Seal) BANK OF AMERICA, N.A. Date Authorized Representative Date Date Date Page 4 of 4 BankafAmerica V400 - January 5, 2009 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435-3838 Attn: E. Barrett Atwood, Sr., Director of Finance RE: Banking Services Renegotiation Dear Barry, Bank of America is pleased to renegotiate with the City of Boynton Beach. Please see the attached renegotiated schedule of fees (Fxhibit A). Please note that all other unit prices will remain the same that are included as Attachment "C" in our response to the City's Request for Proposals for Banking Services (RFP-008- 1410-04/CJD). My contact information is below should you have any questions. Sincerely, i Linda Mason, CTP Senior Vice President Government Banking linda.a.masank5)bankolamerica.com 1.561.8382329 — Fax: 1.561.838.2325 Bank d An"Pica, FL5.441.10.06 525 N FWQW Drive, 10' P.. West Patin Beach, FL 33401-4025 CITY OF BOYNTON BEACH t=xhit�iv { Renegotiated Unit Pricing (1) Page 1 of 2 Pages Effective February 1, 2009 an men I�► Description Boynton Beach Renegotiated Unit Pricing Item No. FDIC ASSESSMENT /$1,W0 pass thru 1 ACCOUNT MAINTENANCE $ 7.000 2 BANKING CENTER DEPOSIT 0.000 3 OBDINIGHT DROP DEPOSIT 0.000 4 VAULT DEPOSIT 0.000 5 ITEM PROCESSING DEPOSIT 0.000 6 CURR/COIN DEP/$100-QBD-ND $ 0.040 7 CURR/COIN DEP/$100-BKG CTR $ 0.040 8 CURR/COIN DEPI$100-VLT $ 0.040 9 DEPOSIT CORRECTION -CASH $ 1.000 10 COIN SUPPLIED/ROLL-BKG CTR $ 0.055 11 CHANGE ORDER BKG CTR $ 2.000 12 CURRENCY SUPP/$100-BKG CTR $ 0.09013 ZBA MASTER ACCOUNT MAINT $ - 14 ZBA SUBSIDIARY ACCOUNT MAINT $ - 15 CKS DEP ON US LOCAL $ 0.030 16 CKS DEP LOCAL CLEARINGS $ 0.035 17 CKS DEP PRE -ENCODED ITEMS $ 0.075 18 CKS DEP OTHER IN DIST $ 0.050 19 CKS DEP ALL OTHER $ 0.040 20 RETURNS-CHARGEBACK $ 1.000 21 RETURNS-RECLEAR $ - 22 GENERAL CKS PAID -NOT TRUNCATED $ 0-075 23 GENERAL CHECKS PAID TRUNCATED $ - 24 STOP PAY AUTOMATED<=12 MONTHS $ 10.000 25 RETURNS-RECLEAR SERVICE FEE $ - 26 ENCODING SURCHARGE $ - 27 CKS DEPOSITED FOREIGN ITEMS $ 0.060 28 DEBITS POSTED -ELECTRONIC $ 0.050 29 CREDITS POSTED -OTHER $ 0.500 30 CREDITS POSTED -ELECTRONIC $ - 31 WLBX LOCKBOX DEPOSIT $ 0.500 32 WLBX WALK IN DEPOSIT $ - 33 WLBX MANUAL PAPER LBX MAINT $ 75.000 34 WLBX MANUAL PAPER CHECK PRINT $ 0.060 35 WLBX DEPOSIT PREP PER DEPOSIT $ 0.5W 36 WLBX MANUAL PAPER PROC ITEM $ 0.280 37 WLBX STD US MAILOUT PER ITEM $ - 38 WLBX NON-DEPOSITABLE-CORRES $ 0.200 39 WLBX DETAIL RETURNED $ 0.050 40 WLBX MINIMUM CHARGE $ 79.100 41 WLBX REASSOCIATION $ 0.080 42 (1) Changes highlighted. All other pricing oontained in Attachment "C' of the Bank's 10/3W03 Proposal to the City remains the same. CITY OF BOYNTON BEACH Exhibit A Renegotiated Unit Pricing (1) Page 2 of 2 Pages Effective February 1, 2008 Stnetl r I Description Boynton Beach Renegotlated Unit Pricing lam No. DEPOSIT CORRECTION -NON-CASH $ 1.000 43 ACH LV4AONTHLY MAINTENANCE $ 10.000 44 CONSUMER ON US DEBITS(E) $ 0.050 45 CONSUMER OFF US DEBITS(E) $ 0.110 46 CONSUMER ON US CREDITS(E) $ 0.075 47 CONSUMER OFF US CREDITS(E) $ 0.075 48 ACH INPUT-TRANSMISSION(E) $ - 49 ACH DELETE/REVERSAL(E) $ - 50 ACH OPTIONAL RPTS-ELECTRONIC $ '1.000 51 ACH RETURN ITEM-NOC $ 3.500 52 ACH INPUT-PC/DIRECT(E) $ 10.000 53 ACH STANDARD REPORTS -FAX $ 1.000 54 ACH STANDARD REPORTS -MAIL $ 10.000 55 ACH STANDARD RPTS-ELECTRONIC $ 0.500 56 ELEC WIRE OUT -DOMESTIC $ 7.000 57 ELEC WIRE OUT -BOOK DB $ 1.000 58 INCOMING DOMESTIC WIRE $ 7.000 59 WIRE ADVICE -NAIL $ - 60 WIRE ADVICE -FAX $ 3.000 61 FULL MAINT $ - 62 FULL RECON INPUT ITEM TRANS $ - 63 FULL RECON OUTPUT FILE TRANS $ - 64 PARTIAL MAIN T $ 20.000 65 PARTIAL PPAY ACCOUNT $ - 66 PARTIAL PPAY ITEM $ - 67 PARTIAL RECON OUTPUT FILE-TRAN $ 20.000 68 PARTIAL RECON OUTPUT ITEM TRAN $ 0.045 89 PP IMAGE REQUESTED - DIRECT $ - 70 CD ROM MAINTENANCE $ 15.000 71 CD ROM PER IMAGE $ 0.040 72 CD ROM DISK $ 10.000 73 DIRECT PREVIOUS DAY STD ITEM $ 0.030 74 DIRECT PREVIOUS DAY MAINT $ 50.000 75 DIRECT CURRENT DAY STD ITEM $ 0.070 76 DIRECT CURRENT DAY MAINT $ 25.000 77 DIRECT PER ACCOUNT FEE $ 7.500 78 DIRECT PAID ITEM INQUIRY $ 1.000 79 DIRECT WIRE MAINTENANCE FEE $ - 60 CUST MAINT TEMPLATE STORAGE $ 1.000 81 DIRECT ACCOUNT TRANSFER $ 1.000 82 INCOMING USD INTL WIRE $ - 83 NONRELATIONSHIP CUST CK CASHED 1 $ - 1 84 (1 } Changes highlighted. All other pricing contained In Attachment "C of the Bank's 10/30/03 Proposal to the City remains the same. VI. -CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ® Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (No's March 2, 2009 (Noon) Z t March 16, 2009 (Noon) N 3 ❑ City Manager's Report W ❑ New Business �y ❑ Legal ❑ Unfinished Business RECOMMENDATION: Motion to authorize execution of a Utility Work by Highway Contractor Agreement, by resolution, between the Florida Department of Transportation (FDOT) and the City of Boynton Beach to provide utility adjustments in association with the milling and resurfacing of U.S. 1 (State Road 5) from the C-16 Canal to Hypoluxo Road. The estimated cost to the City is $34,496. EXPLANATION: The FDOT will be making drainage improvements, milling, and resurfacing U.S. i from the C-16 Canal to Hypoluxo Road. As part of their work, it will be necessary for the FDOT's contractor to adjust surface utility features which are in the roadway or sidewalk. Forty-one (41) valve boxes and meter boxes have been identified for adjustment. In addition, one conflict manhole is anticipated where new drainage pipe will be installed in close proximity to an existing water main. PROGRAM IMPACT: The FDOT's contractor will be performing the utility adjustments. No adverse impacts to the City's utilities are anticipated. Utilities Department staff will coordinate with the FDOT's contractor as necessary during construction to avoid and minimize any service interruptions. FISCAL IMPACT: Based on pricing provided by the FDOT, the estimated cost for each valve box or meter box adjustment is $576. The estimated cost for the conflict manhole is $10,880. Therefore, the total estimated cost to the City is $34,496. Funds are available in accounts #403-5000-590-96-02 (WTR 017) and #403-5000-590-96-04 (SWR 011). ALTERNATIVES: The only alternative would be for Utilities Department staff to make the utilities adjustments. Since the construction will be performed by a private contractor hired by the FDOT, the Utilities Department advises against this option due to liability. The Utilities Department recommends the execution of the Utility Work by Highway Contractor Agreement with the Florida Department of Transportation. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM } Department Head's Signature Kofi A. Boateng, P.E. Utilities Department Name City Manager's Signature Assistant to City Mana r Cityttorney / rinance Attachment — Three (3) Utility Work by Highway Contractor Agreements cc: Peter Mazzella, Deputy Utilities Director Barbara Conboy, Manager, Utilities Administration & Finance Christopher Roschek, P.E., Engineering Division Manager File SABULLETINTORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R09 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE UTILITY ADJUSTMENTS IN ASSOCIATION WITH THE MILLING AND RESURFACING OF U.S.1 FROM THE C-16 CANAL TO HYPOLUXO ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) will be making drainage improvements, milling and resurfacing U.S. 1 from the C-16 Canal to Hypoluxo Road; and WHEREAS, as part of their work, FDOT's contractor will need to adjust surface utility features which are in the roadway or sidewalk; and WHEREAS, City staff recommends that that City Commission approve the Utility Work By Highway Contractor Agreement, a copy of which is attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager and City Clerk to execute the Utility Work By Highway Contractor Agreement to provide utility adjustments in association with the milling and resurfacing of U.S. 1, a copy of which is attached hereto as Exhibit "A", and SACAiRESOAgreements\FDOT - Utility Work Agmt (US 1).doc 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 incorporated herein by reference. Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of January. 2009. CITY OF BOYNTON BEACH. FLORID.\ Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner - Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Sea]) S.\CA\RESO\Agreements\FDOT - Utility Work Agmt (US 1) doc December 19, 2008 06.105.01 City of Boynton Beach Utilities Department 124 E Woolbright Rd Boynton Beach, FL 33435 Attn: Christopher Roschek, P.E. Subject: Fin. Projet No.: 415311-1-52-01 FAP No.: 4854-061-P Section No.: 93010 State Road: 5 County: Palm Beach Description: SR 5 Milling & Resurfacing from C-16 Canal to Hypoluxo Rd Dear Mr. Roschek: We acknowledge and thank you for your letter of September 2, 2008, requesting to enter into a Utility Work by Highway Contact Agreement with the Department to have the highway contractor adjust (lower, protect, raise, etc.) forty-one (41) valve boxes and installation of one (1) conflict manhole for the subject project. The price quote is $576 per valve box and $10,880 per conflict manhole. This payment would be considered a final lump sum payment and the estimated cost for the utility adjustment work is $34,496. Attached, you will find two (2) copies of the Utility Work by Highway Contractor Agreement to have the Highway Contractor adjust your valve boxes and install your conflict manhole during construction. Your consideration in utilizing this proposal will be advantageous to all parties affected. Thank you for your continued support of the Department's transportation program. Sincerely, C_ Scott G. Horlander, P.E. Utility Coordinator Encolsures cc: Thuc Le (FDOT) Anne Endsley (FDOT) DEC 2.2 2008 60YNTUN BEACH UTILITIES STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM)' `'' Financial Project ID: 415311-1-52-01 Federal Project ID: 4854-061-P County: Palm Beach State Road No.: 5 District Document No: 1 Utility Agency/Owner (UAO): City Of Boynton Beach THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and, City Of Boynton Beach, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as Federal Highway, State Road No. 5, hereinafter referred to as the 'Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Performance of Utility Work The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement, 2. Cost of Utility Work a. The UAO will, at least thirty (30) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 34,496 for the cost of the Utility Work. Said amount will F -o depoSifed Into the State Transportation, Trust Fund. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No, 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the UtilityWork will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the LIAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION corm tJo. 770.011 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 117IUTiES (LUMP SUM) 10/04 section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FOOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FOOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. Pursua,^,t tC Section 287.058 Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. Page 3 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 C. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof, e. Time is of essence in the performance of all obligations under this Agreement. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Kofi Boateng P.E. Director of Utilities City of Boynton Beach Utilities Department 124 E Woolbright Road Boynton Beach, FL 33435 If to the FDOT: _Courtney Drummond, P.E. FDOT, Palm Beach Operations Center 7900 Forest Hill Blvd. West Palm Beach, FL 33413 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: ❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." Page 4 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Torn: Pdo '"0 010-1 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT _ITIUT15 (LUMP SUM) IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City Of Boynton Beach BY: (Signature) DATE: (Typed Name: Kurt Bressner) (Typed Title: City of Boynton Beach City Manager) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: James Wolfe) (Typed Title: District Secretary) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: } (Typed Title: ) Page 5 of 5 DATE: VI. -CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) (=co ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) {; tp C S C") ❑ Announcements/Presentations ® City Manager's Report W NATURE OF ❑ Administrative ❑ New Business C AGENDA ITEMN ❑ Consent Agenda ❑ Legal -rte ❑ Code Compliance & Legal Settlements ❑ Unfinished Business C ❑ Public Hearing ❑ RECOMMENDATION: Motion to authorize and execute by resolution a Temporary Construction Easement and a Utility Easement between Delray Beach Community Redevelopment Agency and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the Delray Beach Community Redevelopment Agency property to it's pre-existing conditions and to maintain the force main and it's components. PROGRAM IMPACT: The Temporary Construction Easement and the Utility Easement are necessary to allow the City to construct portions of the new regional force main. FISCAL IMPACT: There is no fee associated with securing these easements and the eventual construction contract will be funded from Utilities account #406-5000-590-96-03 SWR114. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC \ S AGENDA ALTERNATIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, these easements with Delray Beach Community Redevelopment Agency should be authorized. Kofi Boateng, Director of Utilities Utilities Department Department Name Kurt Bressner, -r City Manager ��.. a City Attorney/ Finance / Human Resources Attachments xc: Peter Mazzella, Utilities Deputy Director Paul Fleming, PMP, Senior Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File SAULLETINTORMS\AGENDA ITEM REQUEST FORM DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R09-_'� A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC UTILITY EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY FOF DELRAY BEACH, FLORIDA IN SUPPORT OF THE CITY'S CONSTRUCTION OF THE NEW REGIONAL FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new regional force main route selection, detail design, permitting and bidding phases of the 15 1 project; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the attached agreement with the City of Delray Beach allows the City to access the pipeline corridor for the construction of the force main and it's components and 1commits the City to restore the property of the Delray Beach Community Redevelopment Agency to it's pre-existing conditions and to maintain the force main and it's components; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to approve and authorize the Mayor and City Clerk to execute the Public Utility Easement Agreement between the City of Boynton Beach and the City of Delray Beach NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does Easement -Delray -RFM. doc I 'hereby approves and authorizes the Mayor and Cite Clerk to execute the l'uhllt. ! frilly 2 ! ( Easement Agreement between the Cite of Boynton Beach and the CM of Delray Beach. in 3 I � support of the City's construction of the new regional force main, a copy of tiv'hich is attached !f 4 ; hereto as Exhibit "A". 5 ! ; Section 3. That this Public Utility Easement Agreement will be recorded in the 6 Public Records of Palm Beach County, Florida. 7 Section 4. This Resolution shall become effective immediately upon passage. 8 9 PASSED AND ADOPTED this day of Januarv. 2009. 10 1 l t CITY OF BOYNTON BEACH, FLORIDA 12` 13 14 Mavor — Jem, Taylor 15 16 ----- 17 gg° Vice Mayor— Jose Rodriguez 18i 19 20 l Commissioner -- Ronald Weiland 21 22 ( - -- ----- ------ 2 3 Commissioner — Woodrow L. Hay 24 26 Commissioner — Marlene Ross 27 28 ATTEST: 29 f E 0I - (Janet M. Prainito. CMC 32 City Clerk 33 34 36 1 (Corporate Seal) i ;S 1C'AvRES0vAgreementsvUtility F&semcnt-DelraN -RI-M duc k t 1 1 This instrument prepared by: David N. Tolces, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PUBLIC UTILITY EASEMENT AGREEMENT �'S UBLIC UTILITY EASEMENT AGREEMENT made this `\ day of , 2008, by and between The City of Delray Beach, Florida, a Florida municipal corporation ("GRANTOR") whose address is 100 NW I" Avenue, Delray Beach, Palm Beach GRANTOR, Florida, 33444-7934, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WITNESSETH: WHEREAS, the GRANTOR is the owner of certain parcels of real property located within the City of Delray Beach, (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B" WHEREAS, the GRANTOR will grant a perpetual easement to the CITY in order to permit CITY to repair and maintain improvements associated with the City's Regional Force Main within the parcel described in Exhibit "A", in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the GRANTOR will grant a temporary construction easement to the CITY in order to permit the CITY to install and construct the improvements associated with the City's Regional Force Main within the parcel described in Exhibit "B"; and WHEREAS, the City Commission for the City of Boynton Beach has authorized the expenditure of funds for the CITY to install the improvements upon grantor's property; and, WHEREAS, once installed, the improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the CITY and GRANTOR acknowledge that the Property is subject to a lease agreement entered into between the GRANTOR and the Delray Beach Police Benevolent Association, and that the CITY will agree to indemnify, defend, and hold the GRANTOR harmless from any and all damages, claims, or suits filed in relation to the GRANTOR entering into this Public Utility Easement Agreement with the CITY; and, 1 WHEREAS, the parties hereto have concluded that the most efficient manner in which € achieve the purposes and goals set forth above would be through executing this Public Ulit_ Easement Agreement ("Agreement"), to provide for the GRANTOR granting to the 01'1, III, right of entry into the Property for the construction and maintenance of the improvements. NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt. sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of improvements associated with the City's Regional Force Main within the portion of the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference. For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation. maintenance, repair, replacement, and/or removal, of such parts and/or portions of said improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry of the CITY. 3. This Easement described in Exhibit "A" is a permanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 4. GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the sanitary sewer lift station and associated improvements. 5. GRANTOR also hereby grants and conveys to the CITY a Temporary Construction Easement for ingress and egress over that portion of the Property described in Exhibit "B" for the purpose or purposes constructing the Regional Force Main improvements on the Property for a period of Seven Hundred and Thirty (730) days from the date of execution of this Agreement. The parties may extend the duration of the temporary easement upon execution of a written amendment to this Agreement. GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access to the property as depicted in the temporary construction easement which is attached hereto as Exhibit "B" and incorporated herein h� reference, during actual construction and installation of the improvements by CITY. 6. CITY shall ensure that all of the GRANTOR's property disturbed and used b� CITY pursuant to this Agreement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. 2 7. This Public Utility Easement Agreement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them. 8. CITY shall provide, maintain and keep in full force and effect Automobile Liability and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for the Easement Premises, Operations, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. 9. Except for Workers Compensation, all insurance policies shall name the GRANTOR as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of Florida and approved by the GRANTOR. A Certificate of Insurance evidencing such insurance coverage shall be provided to GRANTOR's Risk Manager at 100 N.W. 1St Avenue, Delray Beach, FL 33444, prior to the commencement of any work pursuant to this Easement. Such Certificate shall require at least thirty (30) days prior notice of cancellation or adverse material change in coverage. CITY is responsible for ensuring that any contractor or subcontractor entering the Property on its behalf has and maintains insurance coverage at least equal to that required of the CITY under the provisions of this Paragraph. 10. In no event shall the limits of said insurance policies be considered as limiting the liability of CITY under this Agreement. Furthermore, CITY shall and hereby does hold GRANTOR harmless from any loss or damage incurred or suffered by GRANTOR due to CITY's failure to maintain such insurance. 11. CITY shall be liable for its own actions and negligence and, to the extent permitted by law, shall indemnify, defend and hold harmless GRANTOR against any actions, claims, or damages arising out of CITY's negligence in connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by CITY to indemnify GRANTOR for GRANTOR's negligent, willful or intentional acts or omissions. 12. In addition, the CITY acknowledges the existence of the Lease between the GRANTOR and the Delray Beach Police Benevolent Association, Inc., dated August 27, 1969 which relates to the Property (the "Lease"). The CITY agrees to indemnify, defend, and hold the GRANTOR harmless from any claims, damages, suits, litigation, which may arise from the CITY's use of the easements granted pursuant to this Agreement relating to the Lease. This indemnification includes any costs, damages, attorney's fees, paralegal fees, and related expenses incurred or imposed at either the trial or appellate levels as a result of any claim filed by any party related to the Lease, the granting of the easement by the GRANTOR, and the CITY's acceptance of the easement pursuant to this Agreement. 3 13. CITY, its successors and assigns shall indemnify, defend and hold GRANTOR harmless from and against any damages. liability, actions, claims or expense, including reasonable attorney's fees and expenses at trial and all appellate levels, arising out 0I the exercise of the rights granted hereby and use of this Easement by any person whomsocN, er. including, without limitation, loss of life, personal injury and/or damage to property arising frons or out of any occurrence in or upon the Property or access routes or in connection with the use of operation of the Property or access routes. 14. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or overnight deliver.N service, or on the date of transmission with confirmed answer back if telecopier or fax i t transmitted before 5PM on a business day and on the next business day if transmitted after 5P11 or on a non -business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non -deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered., and delivery to such addresses shall constitute binding notice given to such party: GRANTOR: Attn: City Manager City of Delray Beach 100 N. W. 1St Avenue Delray Beach, FL 33444 Telephone: 561-243-7010 Fax: 561-243-7199 With a copy to: CITY: Susan Ruby, City Attorney 200 N.W. 1 s'Avenue Delray Beach, FL 33444 Telephone: 561-243-7090 Fax 561- 278-4755 Attention: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6010 (telephone) ( 561) 742-6011 (facsimile) 4 With copy to City of Boynton Beach Attn: Utilities Director 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone: (561) 742-6404 Fax: (561) 742-6211 and: City Attorney's Office 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6053 (telephone) (561) 742-6054 (facsimile) Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 15. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 16. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. ATTEST: City Clerk ppro as to Form: GRANTOR CITY OF DELRAY BEACH, FLORIDA a Florida municipal corporation e Rita El 's, Mayor of the City Attorney \ 0 - (Seal) 5 STATE OF FLORIDA 1 ss GRANTOR OF PALM BEACH ) BEFORE ME, the undersigned, this day of . 2008, personall\ appeared Rita Ellis, Mayor and Chevelle Nubin. City Clerk of the City of Delray Beach. ATTEST: Janet Prainito, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) ) ss GRANTOR OF BROWARD ) CITY OF BOYNTON BEACH a Florida municipal corporation BY: Jerry Taylor, Mayor BEFORE ME, the undersigned, this day of 2008, personally appeared Jerry Taylor, Mayor and Janet Prainito. City Clerk of the City of Boynton Beach. Notary Public, State of Florida DNT:js H^,1990\900182 BB1Agreements 2008Tasement Agreement (Delray Beach)REVI doe 6 Wantman Group, Inc. EngineeringOPlanning*Surveying OEnvironmental 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmongroup.com DESCRIMON & SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being more particularly described as follows: COMMENCE at the Northwest corner of Lot 20, Block 1, LAKE VIEW HAVEN, according to the Plat thereof, as recorded in Plat Book 32, at Page 53 through 54 inclusive, of the Public Records, Palm Beach County, Florida, said point being on the Westerly line of sold Plat and also being on the Easterly right—of—way line of 1-95 (State Road No. 9), the following two (2) courses being along said Westerly and Easterly line; Thence North 17'39'52" East, for 33.39 feet to the POINT OF BEGINNING, Thence continue North 17'39'52" East, for 12.00 feet; Thence departing said Westerly and Easterly line South 72'20'13" East, for 10.79 feet, Thence North 62'38'29" East, for 16.04 feet; Thence North 88'00'49" East, for 93.42 feet said point being on a line 110.00 feet East of and parallel with aforesaid Westerly line of said Plat and Easterly right—of—way line of said /-95 (State Road No. 9, said point also being on the Westerly line of Parcel B (Mission Hill P—ad) as shown on said Plat, Thence South 17'39'52" West along said parallel and Westerly line ;aid Parcel B, for 12.74 feet; Thence departing said parallel and Westerly line South 83'00'49" West, for 86.44 feet, Thence South 62'38'29" West, for 18.31 feet, Thence North 72'20'13" West, for 15.76 feet to the POINT OF BEGINNING. Subject to existing easements, rights—of—way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in Palm Beach County, Florida. (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC., CERTIFICATE OF AUTHORIZATION No. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS WANTMAN GROUP, INC., THiS DRAWING, SKETCH, PLAT OR MAP iS FOR AND PROFESSIONAL REGULATION. INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. ADDITIONS OR DELEGNS TO SURVEY A14PS OR REPORTS OTHER THAN OR PAR77ES PROHIBITED W WRITTEN CERTIFICATION: CONSENT OF THE SIGNING PARTY OR PAR77ES. 2. LANDS SHOWN HEREON WERE NOT ASSTR4CTED BY WANTMAN GROUP, INC. FOR EASEMENTS AND RIGHTS—OF—WAY OF RECORD, 3. DATA SHOWN HEREON WAS COMPILED FROM 07HER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE EASTERLY RIGHT—OF—WAY UNE OF 1-95 (STATE ROAD NO. 9), SAID LINE BEARS NORTH 17'39'52' EAST AND ALL OTHER BEARINGS SHOWN HEREON / 'ELA7lVE THERETO. REVISION. BY I HEREBY CERTIFY that the attached Description and Sketch is true and correct to the best of my knowledge and belief and that it meets the Minimum 7echnicol Standards set forth by the Florida Board of Professional Surveyors And Mappers in Chapter 61G17-6, Florida Administrutive Code, pursuant ro Chapter 472.027 Florida Statutes. For The Firm: I'vontmon Group, inc. BY: OVP49— I DATE. LI I2 � 0 � DEREK G. ZEM AN. PROFESSiONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 �r I OFFICE ` MRG I DATE 04/02/08 I JOB 407667.01 ' 1 CHECKED DGZ SHEET 1 OF 2 DWG 66701_UE 6 W antrnan Group, Inc. Engineering •%Planning •:►Surveying ❖En vironmen tol 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 — LB No. 7055 JACKSONVILLE — ORLANDO — PORT ST. LUCIE — TAMPA www.wantmangroup.com i DESCRIPTION & SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIN N Qeo�� SCALE: 1 " = 60' S72'20' 13"E 10.:7- N 17'3952 E- 12.00' POINT OF BEGINNING N 1 T39'52 E 33, 39' -- L — N72'20' 13 "W 15.76' POINT OF COMMENCEMENT LOT 20, BLOCK 1 NORTHWEST CORNER i LOT 20, BLOCK 1 (P.8. 32, PG, 53-54, P. B. C. R.) a DA TE.- 0 3 ='F / y � J LOT 19, BLOCK 1 REVISION: BY. LAKE VIEW HAVEN (P.B. 32, PG, 53-54, P.B.C.R.) LOT 20, BLOCK 2 v m s "' - 4 Q4• LOT 19, BLOCK 2 (NOT A SURVEY -DESCRIPTION AND SKETCH ONLY) OFFICE MRG DATE 04102108 JOB 407667.01 CHECKED DGZ SHEET 2 OF 2 DWG 56701_UE 6 LEGEND: O.R.B. = Official Records Book P.B.C.R.= Palm Beoch County Records P.B. = Plot Book PG. = Page R1W =. Right—of—Way LANDS PER / (0. R. B. 1303, PG 17-20, R B. C. R.) 110.00, N62'38'29 "E �r 16.04' N88'00'49E - -- f — - 93.42' S1 T39'S2 W 12.74' 12.00' PARCEL B (MISSION HILL ROAD) SBB'00 49"W / (P B. 32, PG, 53-54, P. B. C. R.) i 8 4' 6.4 WESTERLY LINE S62'3a'29 w -- L — N72'20' 13 "W 15.76' POINT OF COMMENCEMENT LOT 20, BLOCK 1 NORTHWEST CORNER i LOT 20, BLOCK 1 (P.8. 32, PG, 53-54, P. B. C. R.) a DA TE.- 0 3 ='F / y � J LOT 19, BLOCK 1 REVISION: BY. LAKE VIEW HAVEN (P.B. 32, PG, 53-54, P.B.C.R.) LOT 20, BLOCK 2 v m s "' - 4 Q4• LOT 19, BLOCK 2 (NOT A SURVEY -DESCRIPTION AND SKETCH ONLY) OFFICE MRG DATE 04102108 JOB 407667.01 CHECKED DGZ SHEET 2 OF 2 DWG 56701_UE 6 Wantman Group, Inc. Engineering OP/anning $•Surve,) ng%%En vironmen tal 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 — LB No. 7055 JACKSONVILLE — ORLANDO — PORT ST. LUCIE — TAMPA www.wantmongroup.com DESCRIPTION & SKETCH PREPARED FOR: THE CITY OF BOMM14 BEACH, FLOW4 LEGAL DESCRIPTION: Temporary Constructioon Easement A 40.00 foot wide strip of land lying in a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being more particularly described as follows: COMMENCE at the Northwest corner of Lot 20, Mock 1, LAKE VIEW HAVEN, according to the Plat thereof, as recorded in Plat Book 32, at Page 53 through 54 inclusive, of the Public Records, Palm Beach County, Florida, said point being on the Westerly line of said Plat and also being on the Easterly right—of—woy line of 1-95 (State Road No. 9), the following two (2) courses being along sold Westerly and Easterly line; Thence North 17'3952" East, for 19.39 feet to the POINT OF BEGINNING, Thence continue North 17'3952" East, for 40.00 feet, Thence departing sold Westerly and Easterly line South 72'20'13" East, for 4.99 feet; Thence North 62'38'29" East, for 13.39 feet, Thence North 88'00'49" East, for 101.57 feet sold point being on a line 110.00 feet East of and parallel with aforesaid Westerly line of said Plat and Easterly right—of—way line of said I-95 (State Road No. 9, sold point also being on the Westerly line of Parcel B (Mission Hill -ld) as shown on sold Plot; Thence South 17'3952" West along said parallel and Westerly line said Parcel B, for 42.47 feet, Thence departing said parallel and Westerly line South 88'00'49" West, for 78.29 feet, Thence South 62'3829" West, for 20.96 feet, Thence North 72'20'13" West, for 21.57 feet to the POINT OF BEGINNING. Subject to existing easements, rights—of—way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in Palm Beach County, Florida. (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES 1. UNLESS iT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC, CER70CATE OF AUTHORIZA77ON No. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLOR/DA DEPARTMENT OF BUSINESS WAN7MAN GROUP, INC., THIS DRAWING, SKETCH, PLAT OR MAP iS FOR AND PROFESSIONAL REGULATION. INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE CERTIFICATION: SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES Z LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN GROUP, INC. FOR EASEMENTS AND RIGHTS—OF—WAY OF RECORD, J. LYTTA SHOWN HEREON WAS COMPILED FROM 07HER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I HEREBY CERTIFY that the attached Description and Sketch is true and correct to the best of my knowledge and belief and that it meets the Minimum Technical Standards set forth by the norida Board of Professional Surveyors And Mappers in Chapter 6IG17-6, F/orido Adminlsfretire Cc*, pu want to C5apter 472.027 norido Statutes. 4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE EASTERLY For The FGro Wanfmon Group, Inc. RIGHT—OF—WAY UNE OF 1-95 (STATE ROAD NO. 9), SAID LINE BEARS Nna7H 17'39'52' EAST AND ALL OTHER BEARINGS SHOWN HEREON 'ELATIV£ THERETO. REVISION, BY. BY. � '"�'—' DATE.- �2 Q DEREK G. ZEMAN, 6' PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 OFFICE MRG DATE 04/02/08 JOB 407667.01 CHECKED DGZ SHEET 1 OF 2 DWG 66701_UE 6—TEMP Wantrnan Group, Inc. Engineerinq • Plan ning -;• Sur veying $•En vironmen tal 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 — LB No. 7055 JACKSONVILLE — ORLANDO — PORT ST. LUCIE — TAMPA www.wantmangroup.com DESCRIP77ON & SKETCH PREPARED FOR: THE CITY OF BOMMN BEACH, FLORIDA N LEGEND: O.R.B. = Officfal Records Book P.B.C.R. = Palm Beach County Records P.B. = Plat Book 0 T PG. = Page R/W = Rfght—of—Way SCALE: 1 " = 60' LANDS PER 1303, PG, 17-20, 7 10.00" L N62'38'29 "E 572'20' 13"E 13.39' } 4.99' N88'00'49 "E 101.57'-- N 17'3952 E S 17"39'52V 42.47' 40.00' PARCEL B 40 00 (MISSION HILL ROAD) (P. B. 32, PG, 53-54, P.B.C.R.) POINT OF N88-00 49 E WESTERLY LINE BEGINNING 78.29' N 173952"E - S6238 29 "W 19.39 20.96' N72'20' 13 "W POINT OF 21.57' COMMENCEMENT LAKE v1Ew HAVE NORTHWEST CORNER LOT 20, BLOCK 1 (P B. 3Z PG, 53-54, P.B.C. R.) LOT 20, BLOCK 2 LOT 20, BLOCK 1 (P. B. 32, PG, 53-54, P.B.C.R.) Q o LOT 19, BLOCK 1 10T 19, BLOCK 2 DATE. REVISION: BY.• (NOT A SURVEY -DESCRIPTION AND SKETCH ONLY) OFFICE MRG DATE 04/02/08 JOB 407667.01 - CHECKED I DGZ ISHEET 2 OF 2 DWG 66701—UE 6—TEMP 4 VI. -CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORNIL Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) C:) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) L T+ t1), Z + ' ❑ Announcements/Presentations ® City Manager's Report --1 -70 NATURE OF ❑ Administrative ❑ New Business cn AGENDA ITEM ❑ Consent Agenda ❑ Legal — `,��. El Code Compliance & Legal Settlements E] Unfinished Business un El Public Hearing ❑ �. RECOMMENDATION: Accept quarterly report from the City of Boynton Beach Green Sustainability Team for October 2008 – December 2008. EXPLANATION: At the October 7, 2008 City Commission meeting the Commission accepted the final recommendations of the Green Task Force (Exhibit B) and allowed City staff to continue working on the development of a long-term environmental improvement plan to reduce carbon emissions. Initiatives that can be implemented internal to the organization have been moving forward, and all initiatives that would have fiscal and/or economic impact to the city and community are being brought before the Commission for policy direction within the content of the quarterly report (Exhibit A). PROGRAM IMPACT: This report provides summaries of all projects and initiatives completed, underway and in the planning stage. One new Affordable Housing Initiative has been added at the bottom of page 5 of the report for consideration by the City Commission. City staff is requesting the Commission to allow us to promote the use of Waterwise landscaping materials and irrigation design in housing projects that the Development Department coordinates with or assists in implementing for water conservation measures. The document, "Waterwise: South Florida Landscapes" promotes water conservation and the use of xeriscape principles and is endorsed by the South Florida Water Management District (Exhibit Q. Additional information on Waterwise is available at www.sfwmd.gov. FISCAL IMPACT: All initiatives in the 10/08-12/08 quarterly report have been achieved within existing budget constraints by changing existing practices, procedures and criteria to reflect environmental and sustainable best practices. This does not include those Capital Improvement Projects that have already been approved in the CIP budget, or those projects for which staff is actively pursuing grant funding. CIP projects and those requiring funding are identified in the report. ALTERNATIVES: 1.) Not to accept quarterly report; 2.) Accept quarterly report and allow staff to continue with the development of a long-term environmental improvement plan, including the new initiative for Affordable Housing landscaping and design; 3.) Accept quarterly report and provide staff with specific direction on any project contained in the quarterly report or Green Task Force recommendations. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachments: Exhibit A: 10/08-12/08 Green Sustainability Team Quarterly Report Exhibit B: Green Task Force Recommendations (10/07/08) Exhibit C: "Waterwise: South Florida Landscapes" resource document. Department H d' Signature City anager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager City Attorney / Finance EXHIBIT "A" 45 City of Boynton Beach Green Sustainability Team,, Quarterly Report, January 20, 2009 At the October 7, 2008 City Commission meeting, the Mayor and City Commissioners unanimously agreed to accept the final recommendations of the Commission appointed Green Task Force, and to allow City staff to continue working on the development of a long-term environmental improvement plan to reduce carbon emissions. Under the direction of the City Manager's Office, the Green Sustainability Team is comprised of the original eight (8) members of the Green Task Force, and additional staff city-wide, to create a dynamic, interdepartmental work group. As requested, internal initiatives that can be implemented by City staff have been moving forward, and all initiatives that would have fiscal and/or economic impact to the city and community are being brought before the Commission for policy direction. The Green Sustainability Team is committed to providing the City Commission with quarterly reports on all projects and initiatives underway and in the planning stage. It is staff's desire to inform and educate, give status reports and answer questions, and receive direction from the Commission. Please accept this first quarterly report from the Green Sustainability Team and should the Commission need additional information or require a different reporting format, City staff will provide. Utilities Department The Utilities Department is currently constructing Phase 1A and 1B of the reclaimed water system, which is bringing reclaimed water from Congress Avenue east along Golf Road/SW 23r Avenue to the eastern part of the City. As part of the project, reclaimed water will be provided to large users to reduce the usage of potable water and groundwater for irrigation. Construction is anticipated to be completed by August 2009. This project is listed in the current Utilities CIP budget. (GTF Recommendation — Water Utilities Initiative # 1) In addition, on November 18, 2008, the City Commission authorized the Utilities Department to enter into an interlocal agreement with the CRA for construction of improvements along SE 4th Street from Ocean Avenue to SE 12th Avenue. The improvements include the construction of a reclaimed water main along SE 4th Street, which will serve as a connector to the pipelines being installed under the Phase 1 B contract. Bidding of the SE 4th Street project is anticipated by the end of January 2009. This project is one of the five (5) water utilities projects that have been submitted through the US Conference of Mayors for consideration for funding from the new federal administration's economic stimulus grants. This project is also currently listed in the Utilities CIP budget. (GTF Recommendation — Water Utilities Initiative # 1) The Utilities' Customer Relations Division is working on ongoing initiatives to promote the Online Bill Pay program and increase participation by the City's utility customers. Currently, customers can pay their bills by automatic bank draft, and Customer Relations is working with HTE's capabilities to allow online credit card or debit card payments and eliminate the mailing of paper bills for customers who pay online. These initiatives will decrease the carbon footprint for the City by reducing the VMT's (Vehicle Miles Traveled) of citizens that would normally drive to City Hall to pay their bills. It also reduces the amount of paper generated and staff time associated with the processing of a paper billing system. Customer Relations is working with the Public Affairs Director to advertise Online Bill Pay on BBTV and message on hold. Information will also be printed on utility bills. This is an ongoing program. (GTF Recommendation — Water Utilities Initiative # 5) Recreation and Parks Recreation and Parks will be implementing a Parks Sustainability Analysis in three parks over the next year using the sustainability indicators for water quality, air quality, habitat quality and quantity and climate change. Base line indicators will be developed and monitored over time to determine the increase or decrease in sustainability, and processes and protocols can then be adjusted accordingly. Recreation and Parks is purchasing playground equipment from a manufacturer who determines the carbon footprint of the equipment and offsets the footprint by planting trees. This manufacturer, Landscape Structures, has partnered with the Global ReLeaf Program of American Forests to purchase trees which will offset the carbon dioxide generated in the manufacturing process. They also use recycled steel, aluminum, rubber and plastic in the manufacturing of the product. (GTF Recommendation — Rec/Parks Initiative # 8) Four (4) "green" projects from Recreation and Parks have been submitted through the US Conference of Mayors for consideration for funding from the new federal administration's economic stimulus grants. Those projects are: ■ Congress Avenue Community Park — Construction of a 13 acre barrier - free community park including a 4,000 to 8,000 sq. ft. therapeutic recreation building built to LEEDS or Florida Green Building Coalition Standards. This project is currently listed in the CIP budget. ■ Hester and Pence Parks Lighting/Field Retrofit — Conversion of existing natural turf ball fields to synthetic turf and conversion of ball field lighting to computer controlled lighting for energy conservation, thereby eliminating the use of chemicals, fertilizers and potable water for field maintenance. Pence Park improvements are listed in the CIP budget. Hester Park improvements are not and will depend on grant funding. (GTF Recommendations — Rec/Parks Initiative # 1 & 5) Quantum Eco Park — Development of an "eco" park using LEEDS or other green design principals. Amenities to include trails through natural areas, nature center for environmental education, interpretive exhibits, rock garden, butterfly garden, botanical areas, arboretum, picnic area, play areas, lake and kayak/canoe launch. Incorporate Eco Art in the project to deliver environmental education and functionality. This will also serve as a link to the City's greenway/blueway (waterway) system. The nature center will be the City's center for environmental education and sustainable use. This project is not listed in the CIP budget and will depend on grant funding. (GTF Recommendation—Rec/Parks Initiative # 6) Oceanfront Park Boardwalk Replacement — This project calls for the replacement of approximately 900 linear feet of oceanfront boardwalk using a renewable wood source. The park will include the Eco Art feature, Opus 14 Sea Turtle to help educate the public on the environmental conditions necessary to sustain marine life. This project is currently listed in the CIP budget. (GTF Recommendation — Rec/Parks Initiative # 8) Recreation and Parks is currently developing an Integrated Pest Management (IPM) program for landscape maintenance within the City. Integration of approaches and methods into a pest management system takes into consideration the ecology of the environment and all relevant interactions that pest management practices may have upon the environment. When IPM principles are applied to a given pest problem, it is generally assumed that environmental impact and economic risks have been minimized. Since IPM considers all applicable methods, the emphasis on chemical methods may be reduced when effective non -chemical alternative methods are available. As a result, implementation of IPM principles and practices is advocated in various federal and state regulations affecting pesticides. (GTF Recommendation — Rec/Parks Initiative # 3) Public Works There are currently several Land Development Regulations (LDR's), standards, and related procedures that directly or indirectly further water conservation efforts, such as: ■ City requires a minimum of 50% of all landscape design plantings to be native or water conservation species of vegetation. ■ City requires a rain sensor device to be installed on all irrigation systems that turns the system off if an adequate amount of rainfall has provided water to the site vegetation. ■ City requires all irrigation system designs to place water bubblers on the root systems of all trees on the site. ■ City requires any Minor Landscape Modification Permits to replace sod with Waterwise ground cover plants in small areas on the site and bubblers on all newly planted trees. Also, staff currently has a pilot program in place to test draft regulations generated during the rewrite process. Various regulations have already been drafted as part of the rewrite project to reduce water consumption, increase pervious areas, and reduce parking areas and plant durability. The pilot program is intended to apply many draft regulations to new projects filed, to obtain feedback from designers and identify unanticipated issues. Emphasis has been placed on implementing the measures that reduce or eliminate sod, and other elements and design that maximize water needs. The following land development regulations have been drafted and generally accepted by the Planning and Development Advisory Board and City Commission: ■ Create specific objectives under the purpose and intent of the new landscape code with an emphasis on permeability, water conservation and preservation. ■ Establish landscape design principles to support and further the objectives with instructions on how the designs will, in part, maximize use of natural designs, drought -tolerant materials, conserve energy and livability. ■ Establish the "Waterwise" publication from the South Florida Water Management District (SFWMD) as the source for plant selection in order to promote water conservation. ■ Create an equivalent standard applicable when palm trees are used in lieu of canopy trees to maximize tree cover. ■ Create a minimum tree variety standard based on the number of trees provided. ■ Enhance upland buffer/littoral planting requirements. ■ Increase the width of landscaping along arterial and collector roads (7 ft. to 10 ft.) ■ Increase the width of perimeter landscape buffers in "suburban" locations. ■ Increase the number of trees required for multi -family and planned developments. ■ Enhance landscape requirements for specific uses (outdoor storage, satellite dishes). ■ Initiate the Waterwise (SFWMD) irrigation system design guidelines on new project submittals to staff. ■ Initiate quarterly irrigation system operational reports to staff monitoring the minimal water use to the site, proper system maintenance. (G TF Recommendation — Public Works Initiative # 6) Development In order to expedite the Planning and Zoning Review for green projects seeking certification, the following measures are intended to shorten processing time by having a tailored and flexible review schedule, ensuring the submittal of a more complete application, facilitate the early communication of review comments, simplify the review process, and by ensuring the quick relay of information between staff and applicant. The following list is comprehensive, with some measures being supplemental, or a substitute for others. Most measures would require consideration of amendments to the LDR and the City Commission granting either staff or the Advisory Board final review authority on projects under a certain size threshold: ■ Staff researches and provides comparable information (e.g. names of prior similar projects and corresponding comments, and relevant hearing minutes and approval documents). ■ Offer pre -submittal TART Conference. ■ Establish and offer early submittal deadline and flexible review schedule. ■ Offer single -review process. ■ Assign liaison early on for single -contact purpose. ■ Priority treatment for both major and minor project reviews. ■ Incremental distribution of review comments. ■ Tailored staff report for site plans (outline format for identification and efficiency purposes). ■ Expeditious flow from Advisory Board to Commission. ■ Offer a partial or concept plan submittal (thereby reducing initial submittal costs and risk). ■ Increase scope of administrative reviews (e.g. minor modifications, etc.) ■ Final approval authority changed for projects under a certain size threshold shifting Commission's review to Advisory Board. ■ Continue researching for possible application for certified local government status with State of Florida (process and requirements to be researched, which may allow for the more expeditious processing of large- scale land use amendments). (GTF Recommendation — City -Wide Initiatives # 5) As used in most development review systems that promote sustainability and green design, staff will create a site and building "checklist" as an education tool, to influence design and for use in reviewing project design against standards and recommendations of the Florida Green Building Coalition (FGBC). This document could ultimately be converted into a rating system for use in reviewing and scoring green projects. This simple checklist would be implemented through a pilot program to begin exposing applicants to the city's "green" direction and encouraging design that furthers the city's initiatives. The FGBC already has such a checklist enabling the city's quick and efficient implementation of a pilot program. (GTF Recommendation — City -Wide Initiatives # 8) *New Initiatives for consideration by the City Commission: Affordable Housinq Initiative — Promote the use of Waterwise landscaping materials and irrigation design in housing projects that the Development Department coordinates with or assists in implementing for water conservation measures. ■ Staff to coordinate with approved Affordable Housing building contractors for the Waterwise irrigation and landscape designs for the homes to meet water conservation objectives and budgetary limitations. 5 Create a standard irrigation/landscape design review for use with approved building contractors and other income limited sites as part of the Community Improvement Department, Code Compliance Department and Community Redevelopment Agency criteria. Suggest that City and CRA collaborate to create a pilot project. Successful Projects Implemented by the Development department that reduced paper consumption, increased efficiency, reduced VMT's (vehicle miles traveled) and added to customer convenience: Records Available Online In October 2007, Development made thousands of building permits, plans, Planning & Zoning land development records, and Business Tax records available to the public online. The current median number of monthly "hits" for our online public records is 3,046. This indicates many unrealized customer trips to City Hall to pick up public records, saving VMT and staff time. (GTF Recommendation — City -Wide Initiatives # 4) Business Tax Payments Online As of October, customers are now able to renew their business licenses online. Since then, hundreds of payments have been made to the City through the online system. This also saved VMT because customers did not have to drive here or mail in paper checks (wasting paper and stamps). (GTF Recommendation — City -Wide Initiatives # 4) Online Permit System In July 2008, the Development Department made our automated permitting system available to the public. Through this system, customers are able to schedule, cancel, and reschedule inspections. They can also view the status of their permits and also the stage of plan review. As of today, a total of 13,798 search inquiries have been made through the system. Because customers used our automated system, it resulted in one less possible trip to City Hall. (GTF Recommendation — City -Wide Initiatives # 4) Building Off -Site Storage Last year, the Building division and Imaging refined existing processes and procedures. The result was a more streamlined workflow, which then resulted in the elimination of hundreds of backlog permit files. Once those were worked through, Building was able to eliminate its need for off-site storage and storage at the City's warehouse, saving the City money and VMT due to staff travel between City Hall and the storage facility whenever an older permit file was needed. (GTF Recommendation — City - Wide Initiatives # 4) Electronic Faxing This year, the Building and Business Tax divisions switched from paper fax machines to electronic faxing through the Konica Minolta copier. Now, faxes are received electronically through Microsoft Outlook and routed via e-mail. These two divisions were the biggest users of faxing (Records staff is part of the Building division) and as a result of this initiative, the Department has saved paper, electricity (no more fax machines), and money. (GTF Recommendation — City -Wide Initiatives # 4) Human Resources Online Job Application Process Effective December 15, 2008, the City's Human Resources Department has implemented the KA Click2Gov Application process and is no longer accepting paper applications. The KA Click2Gov process is a web -based program that allows job applicants to apply on-line for open positions from any Internet location. A computer is also available in the City Hall lobby for candidates to apply on-line. Additionally, all qualified applications are being forwarded electronically to the hiring manager and applicants are receiving an acknowledgement of their application via e-mail instead of receiving a post -card from Human Resources. This has saved significant time and money as well as being environmentally friendly and is a much more efficient process. (GTF Recommendation—City-Wide Initiatives # 4) Electronic Faxing In November 2008 Human Resources moved from paper faxing to electronic faxing. Faxes are received electronically through Microsoft Outlook and routed via e-mail. As a result of this initiative, the Human Resources have saved paper, electricity and money. (GTF Recommendation — City -Wide Initiatives # 4) Record Retention Laserfiche is being utilized to a fuller extent. All personnel files have been scanned for several years. However, historical records from previous pay and class studies, unemployment files, Human Resources Investigations and other records are now also being scanned into Laserfiche and can be accessed electronically. (GTF Recommendation—City-Wide Initiatives # 4) All City Collective Bargaining Agreements are available on-line for viewing. (GTF Recommendation—City-Wide Initiatives # 4) Public Art There are two "Eco Art" public art projects that are currently or soon to be on display. Both of these projects showcase the reuse and recycling of materials and educate the public on how to make works of art that have enduring impact on their surroundings, with limited negative impact on the environment. The first project is an Avenue of the Arts artwork by Peter Otfinoski called "The Family." This painted steel sculpture is constructed from stainless kitchen equipment the artist recycled from a junkyard. This work is on display at 135 East Ocean Avenue and the Eco Art story can be read on the Art in Public 7 Places website. Avenue of the Arts tours highlight the Eco Art display and educate citizens on what Eco Art is and the role it plays in environmental conservation and sustainability. The second project is the "Opus 14 Sea Turtle" which was created through a joint effort of Project Reef Keeper, The Center for Marine Conservation and artist Rick Beau Lieu. This sea creature is made from repossessed metal previously associated with environmentally hazardous material; in this case, oil sludge. The City purchased this artwork in October 2008, and it will become a permanent fixture at Oceanfront Park. It will serve to educate visitors about the undeveloped, pristine beach that is essential for the existence of marine life. Also, the Public Art Administrator is working with the Development Department to create language to build into our RFQ's and RFP's that will attract development and planning teams that will work with artists to deliver desirable green building and energy efficient projects. Eco Art will also be offered as an option to satisfy the Public Art Ordinance #07-002 requirement. (GTF Recommendations — City -Wide Incentives for a Green Building Ordinance # 2) Public Education and Community Outreach On December 8, 2008, the Green Sustainability Team hosted a ribbon cutting of the first LEED Certified Gold office interior in the City of Boynton Beach. The ribbon cutting was held not only to welcome EDI, a regenerating architectural design firm, as the first LEED Certified business to Boynton Beach, but to educate the community. When a structure receives LEED Certification it means that the design, construction and operational practices will significantly reduce negative impacts on the environment and company employees. The City is currently identifying opportunities where a demand for green business exists and targeting an economic incentive program to attract green business to Boynton. Green jobs are the key to the country's economic recovery and long-term growth. Local government, with the assistance of federal and state funding, can be a catalyst for the creation of green jobs. The ribbon cutting and message was picked up by local media such as TV Channel 34 -CW, WJNO AM Radio Station, the Sun -Sentinel, PB Post and Boynton Forum. In addition to traditional media, the City is extending its reach through the innovative use of new online social network media, including a recently launched Blog; Twitter, a microblogging service that allows us to broadcast short messages over the Web; You Tube, a leader in online video and the premier destination to watch and share original videos worldwide through a Web experience. This technology has given us new tools that allow us to invite conversation with the community and also enables us to reach a generation that doesn't use more traditional sources to receive their information. Currently, the City blog has postings about the wildlife refuge, and You Tube is running our Go Green Boynton Public Service announcements, in addition to our website 8 postings. (GTF Recommendations — Community Alliances — Foster community and citizen involvement) In November 2008, the Green Task Force in collaboration with City staff conducted a local water conservation workshop at the City of Boynton Beach public green market. Representatives from the Florida Irrigation Society were invited to attend to demonstrate the Waterwise irrigation design concepts. In order to assist the local green market with greater participation, City staff interpreted and applied the business tax receipt process to reduce both costs and processing time required to conduct the green market event by 1.) Only requiring the issuance of a single business tax receipt to the operator of the green market, thereby allowing individual participants to be covered by the "master" city certificate; and 2.) Allowing the operator of the green market the responsibility of confirming that the individual participants had their respective county licenses. (GTF Recommendations —Community Alliance —Conduct a public green market event, enhance the local green market activities with greater green business participation) Information Technology Services (ITS) The ITS Department has performed preliminary testing within their department for the reduction of electrical power consumption for PCs through the use of a centralized power management setting ("power -off' or "standby" when inactive). Currently an interdepartmental pilot group comprised of various employees is being identified to participate in a city-wide pilot project, prior to full implementation of this power -saving procedure. (GTF Recommendation—City-Wide Initiatives # 5) Another project for the reduction of electrical power consumption for servers through the implementation of "virtualization" software is underway in the early stages. Anticipated completion during 2009. (GTF Recommendation — City - Wide Initiatives # 6) ITS has successfully implemented the Konica -Minolta (K -M) printer/photocopier as the default duplex printing method for their department. A project plan is being developed to configure the City's 26 K -M printers to be utilized as workgroup default printers and H.T.E. default printers city-wide. (GTF Recommendation — City -Wide Initiatives # 4) On December 16, 2008 the City Commission approved the purchase and contract of electronic agenda software from R&S, Inc. Once the contract agreements have been finalized, ITS, City Clerk and City Manager staff will begin Phase I of customizing the work flow process. (GTF Recommendation — City - Wide Initiatives # 4) 9 Green Communitv Alliance Attached for your review is the application for the Green Community Alliance (GCA) that will incorporate public participation in the planning and development of the City's environmental improvement and climate change sustainability plan. Through traditional and online social networking methods, the Green Sustainability Team will actively recruit and advertise for members. The Green Sustainability Team has nominated and endorsed a six (6) member selection committee to review the applications and forward to the Green Sustainability Team all applicants that meet the selection criteria. The Green Sustainability Team will then select the GCA members by majority vote. The six (6) member selection committee is comprised of: ■ City Commissioner Marlene Ross ■ Nancy Byrne, Assistant Director of Development ■ Wayne Bergman, City Building Official ■ Christine Roberts, Assistant Director of Public Works ■ Christopher Roschek, Utilities Engineering Manager ■ Carisse LeJeune, Assistant to the City Manager GCA members will work closely with Green Sustainability Team members for a six (6) month period in order to address the various Green Task Force recommendations. Separate "sub -teams" may be created within the GCA to further facilitate the research of industry specific initiatives. Through the direction of the City Manager's Office, the GCA, or any sub -team, may receive an extended time period based upon need and scope of work. The GCA will meet bi-monthly and sub -teams will meet twice a month. The formation of the GCA will incorporate public participation and the inclusion of key professionals from the community to assist in the research, development, implementation and prioritization of Climate Action Programs for the City of Boynton Beach. 10 EXHIBIT "B" CITY OF BOYNTON BEACH GREEN TASK FORCE FINAL RECOMMENDATIONS TO CITY COMMISSION OCTOBER 7, 2008 On February 19, 2008 the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community. The Commission's goal is to involve City employees and citizens in creating policies and programs that will promote environmental sustainability within the Boynton Beach Community. The Green Task Force was created to focus on areas of Public Education; Water Conservation; Waste Reduction/Recycling and Sustainable Construction, and provide recommendations to the City Commission regarding the development of a long-term environmental improvement plan to reduce carbon emissions and an assessment of our current environmental situation. This includes, but is not limited to: • Researching successful programs implemented by other communities and providing recommendations for ways to improve the environmental sustainability of City programs, service, equipment and facilities. • Proposing means to enhance water and energy conservation. • Creating incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. • Incorporate green building standards into the City's Land Development Regulations. • Create incentives for sustainable affordable housing developments. During the past several months, the Green Task Force has examined several key areas for incorporation into a Climate Action Plan for the City of Boynton Beach. Simultaneous to pursuing a plan specific to the City of Boynton, we have been closely tracking the impacts of Governor Crist's recent legislation, House Bill 7135, approved by the Governor on June 25, 2008. The legislation mandates that all county, municipal, school district, water management district, state university, community college, and Florida state court buildings be constructed to meet the United States Green Building Council (USGBC), Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. This shall apply to all buildings for which architectural plans were commenced after July 1, 2008. In addition, Governor Crist signed HB 697 on June 17, 2008 which heavily impacts Florida's Building Code and adopts the International Energy Conservation Code (IECC) as additional regulating statutes. And the Governor's Climate Action Plan, Executive Order # 07-128, effective July 13, 2007, mandates reduction of statewide Greenhouse Gas Emissions (GHGE) by the year 2017 to the year 2000 levels. The Green Task Force has been working to incorporate these new legislative, unfunded mandates with a view toward limiting current and future energy use as the major plan factor, followed closely by water conservation efforts, green building approaches, alternative energy -fueled vehicles, incentives to reduce the effects of employees' commutes, reducing vehicle miles traveled, enhanced single stream recycling for all areas including construction, and renewable power alternatives. State Comprehensive Plan Changes The following changes were enacted by the Governor effective with the signing of HB 697. Comprehensive Plan expanded to include: Future Land Use Element - 163.3177(6)(a) — 1. The discouragement of urban sprawl; 2. Energy-efficient land use patterns accountable for existing and future electric power generation and transmission systems; 3. Greenhouse gas reduction strategies. Traffic Circulation and Transportation Elements 1. 163.3177(6)(b) — The traffic circulation element shall incorporate transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. 2. 163.3177(6)(j) The incorporation of transportation strategies to address reduction in greenhouse gas emissions from the transportation sector. Conservation Element — 163.3177(6)(d) 1. Including factors that affect energy conservation 2. The land use map or map series shall generally identify and depict the following: .....energy conservation. Housing Element — 163.3177 (h) 1. Energy efficiency in the design and construction of new housing. And Use of renewable energy resources. Changes to the Florida Energy Code for Building Construction Changes to the Florida State Building Code are pending the current review period which has been extended. Adoption of the 2007 Florida Building Code is now anticipated for March 2009. These changes will require a 15% increase in building energy efficiency levels over the current 2004 Building Code, with additional increases adopted every three years up to a 50% increase by 2019. Enhanced Statewide Recycling The State Legislature also enacted legislation setting an enhanced statewide recycling goal at 75% statewide recycling by the year 2020. Expansion of recycling programs can be costly and although the legislation has established an increased recycling goal there is no funding available for expansion. The City is working with the Solid Waste Authority as well as private companies to determine the feasibility of single -stream recycling to enhance recycling participation. Staff will also be examining the impact of supporting green building certification as it relates to the mandatory recycling of building construction debris. Greenhouse Gas Emissions Inventory On March 24, 2008, the Green Task Force set forth an ambitious statement on short- and long-term environmental goals. This statement included 8 specific goals and prescribed an approach for attaining the eight action items. Included in that list were: 1. Create a benchmark of the City's best practices for environmental conservation and sustainability through an assessment and inventory process. 2. Conduct a base line emissions inventory and forecast for Greenhouse Gas Emission (GHGE) levels. 3. Adopt an emission reduction target for the forecast year. 4. Develop a Local Environmental Sustainability Action Plan. 5. Implement Policies and Measures. 6. Monitor and verify results. 7. Increase citizen awareness of sustainable environmental construction practices through public education programs. 8. Actively track legislation and seek funding opportunities for green initiatives. The Green Task Force chose the Florida Green Building Coalition Standards for Green Local Governments to conduct an inventory of best "green" practices and to identify those areas that need improvement. The FGBC is endorsed by the Florida League of Cities for establishing a voluntary, statewide standard for green local government designation. As a result of the inventory process, 118 best practices were identified throughout the City organization. Areas of improvement have also been identified and are incorporated in the list of recommendations within this report. Application for certification by the FGBC should be considered in the future. The Green Task Force has been hesitant to endorse a specific greenhouse gas reduction effort, such as the one proposed by the US Conference of Mayors, until we have determined what Boynton's GHGE footprint is. A recent survey by the Institute for Local Self Reliance indicated that a sampling of 10 proactive cities that have pledged to meet the Kyoto targets referenced in the US Conference of Mayors Climate Protection Agreement, will "fail in their attempts unless complementary state and federal policies are put in place." Bearing in mind that the recent state legislation has already created some of those policies, several bills drafted in both the House and Senate to set Federal Standards will be determining factors in Boynton's future actions. The Green Task Force, in coordination with City Staff, is working on integrating those state level unfunded mandates and actively seeking to include local funding initiatives in both the Federal House and Senate proposals, to assure that Boynton has the financial backing to meet those goals. Our desire is to continue these efforts in formulating a plan for Boynton that both adheres to the State and Federal mandates while including the specific local targets determined by forming community alliances. Toward that end, a City greenhouse gas emissions (GHGE) inventory, begun in August 2008 and to be completed in 2009, will provide baseline data for our government operations that will allow the City to support the goals of both the City and State of Florida Climate Action Plans. Chris Roschek, Utilities Engineering Manager, is working with numerous State and County agencies and utilities such as, FDOT, FPL, FPUC, Solid Waste Authority and City departments to gather the necessary data sets to complete this extensive analysis. Our benchmark year for the City will be based on 2006 data, which was a non - hurricane event year. Utilizing the Clean Air and Climate Protection (CACP) software provided by ICLEI — Local Governments for Sustainability (formerly the International Council for Local Environmental Initiatives), staff will be able to provide recommendations for selecting a benchmark for both City Government and aggregate City limit GHGE. These recommendations will provide for both a long range target and annual cumulative reduction goals. Based on the experience of the City of Clearwater, the data analysis process will take approximately 400 man hours to complete, once all the data has been inputted into the system. The Green Task Force is recommending that staff investigate funding opportunities to hire an intern to assist in the completion of this process. Another area of serious consideration and future focus is to continue evaluating both the economic savings and carbon reduction benefits of shifting the City to a four/ten work week. This concept has been growing in popularity throughout the country. The communities who have implemented this program have seen immediate results in cost savings through reduced energy consumption in public buildings and reduced vehicle miles traveled by employees, both major emission contributors. Through the use of performance contracting, the City has an opportunity to set standards for new building construction and existing building energy management that will result in additional savings. All of these programs combined will play major roles in helping the City reduce its carbon footprint and attain the desired emission reduction adopted by Commission. Community Alliances While the Green Task Force has made substantial progress in inventorying best practices both here and in other local Cities, we are at a point in our implementation where inclusion of community input is crucial to completing the formulation of our Climate Action Plan. We would like to recommend that the City Commission direct the City Manager to allow staff to continue working on the plan and to incorporate public participation. These alliances would allow the City to interact with residents, businesses and organizations who wish to assist in prioritizing local efforts. The Green Task Force recommends that this community alliance for public participation incorporate key professionals from the community: • LEED Professional (any discipline) • Architect • Environmental Engineer • Landscape Architect • Transportation Specialist • General Contractor • Non-profit Environmentalist • Utility/Energy Professional • Financial Lender • Environmental Scientist • Two (2) Residents (at large) In continuing our efforts under the direction of the City Manager's Office, these various community alliances will explore the following Climate Action Programs for recommended incorporation into the Boynton Climate Action Plan. • Increase use of renewable energy sources 0 Develop a green building program • Explore the use of alternative fuels for the existing vehicle fleet • Develop energy performance contract language for RFP's • Incorporate climate change adaptation principles into the existing land -use plans • Expand the current recycling program through consideration of alternative methods and increasing public awareness • Incorporate the responsibilities for sustainability coordination into one or more existing positions within the City • Continue to partner with the Treasure Coast Regional Planning Authority on regional land -use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles • Develop and implement a coordinated energy education and public outreach program as well as a training program for local businesses • Foster community and citizen involvement in the development and carrying out of our local plan • Explore an Energy Service Company partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in City and CRA buildings. • Establish energy -efficiency, climate adaptability and renewable - energy criteria in the Affordable Workforce Housing ordinance. • Define City standards for energy -efficiency and renewable -energy criteria when assessing the housing, commercial, and transportation sectors • Develop financial, regulatory, policy, and market incentives for development of energy -efficiency and renewable -energy projects and programs, training and incentivizing green jobs, assisting existing local businesses through retention and expansion. • Work with the State legislature to formulate a uniform State Tax Credit for private green buildings that meet a minimum level of green certification through one of the nationally recognized green building programs. • Define low impact, green development incentives • Define high impact non -green development disincentives • Explore partnering with local financial institutions to create a loan fund for climate adapted, energy efficient workforce housing rent -to - own options • Investigate workforce transportation alternatives to reduce reliance on individual transportation (i.e. mobile workforce programs like teleworking; flexible work hours; 4/10 work days; carpooling policies and incentives; parking solutions) • Identify opportunities (such as solar/photovoltaic materials) where a demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton • Conduct a public green event; enhance the local green market activities with greater green business participation. • Provide incentives for clean industry The balance of this report will focus on initiatives within the City organization which are currently underway or proposed for future consideration. • Water Utilities Initiatives 1. Recommend to expand the reclaimed water infrastructure to further decrease the usage of potable water and groundwater for irrigation. 2. Conduct energy audits of the water treatment facilities, lift stations and wells to help reduce energy usage. 3. Evaluate the efficiencies of pumps and motors in all applications and coordinate with the Warehouse Manager to determine the feasibility of installing Energy Star products. 4. Research feasibility of adopting alternative energy sources (i.e., wind, solar, etc.) at water treatment plants, lift stations, and wells. 5. Increase promotion and participation in the Online Bill Pay program for utility billing to encourage our residents and customer to go paperless. • Public Works Initiatives 1. Inventory all light fixtures throughout City facilities and replace or retrofit T-12 fixtures with T-8. 2. Investigate and consider using white reflective roof coating on City buildings. 3. Investigate new fuel management system to maximize fuel usage and lower consumption. 4. Investigate purchasing bio -diesel and E85 fuel products to lower carbon footprint and greenhouse gas emissions. 5. Conduct Water/Landscaping Workshop, in coordination with Water Utilities, Development, and Parks staff, and the City's Green Market, to educate the public on water conservation and enhancement of habitat. 6. Recommend changes to Landscaping Code to include recommended plantings conducive to water conservation. 7. Investigate single stream recycling to reduce local government solid waste and allow one bin for recycling collection and possible revenue enhancement. 8. Consider possible future agreement with Solid Waste Authority for recycling revenue share program to increase participation and possible revenue enhancement. 9. Enhance residential and commercial recycling participation by creating an education campaign. 10. Coordinate with FPL to develop plan for energy efficient street lighting. • Natural Resources Management and Environmental Protection 1. The City should consider becoming a designated Waterfronts Florida community. The Department of Community Affairs' Waterfronts Florida Program offers help to all coastal local governments in Florida to revitalize their working waterfronts by providing resources for planning. In addition, the Program designates selected communities to receive technical and limited financial assistance through the Waterfronts Florida Partnership Program. 2. Continue to remove invasive plant species from public lands. Although the grant funding source has been eliminated, the City should continue to remove invasive species. • Parks and Recreation Initiatives 1. The Recreation and Parks Department recommends the grass field at the Ezell Hester Park be converted to synthetic turf to save on fuel emissions, less chemical applications and no irrigation. 2. The Recreation and Parks Department uses geothermal heating for heating the Denson Pool. 3. Apply green landscaping and irrigation standards and develop an integrated pest management program for parks and public spaces. 4. Strive to meet the Blue Wave campaign criteria for clean and environmentally sustainable beaches. 5. Continue to change energy inefficient lighting to energy efficient lighting at parks, athletic courts and ballfields. 6. Continue to implement the greenway/bikeway/blueway plan. By connecting parks, schools, the library and other destination places with pedestrian and bike trails, lower fuel consumption and emission will be realized. 7. Develop a tree canopy enhancement program that includes both private and public lands. This could be a street tree program, a tree give away program and/or a tree replacement program. 8. Continue to purchase and install park amenities that are constructed with recycled and renewable materials. • Affordable Housing Incentives 1. Offer increased density based on level of green certification attained. This incentive would be guaranteed through bonding of the additional square footage added to the project, suggested to be bonded at the rate of $70/sq ft. This incentive is technically complex and requires consideration of the framework of the Comprehensive Plan amendment process as required by state statute. The City would need to initiate an amendment to the Future Land Use Plan to accommodate this type of bonus density. 2. Adopt mandatory guidelines for sustainable affordable housing projects which do not meet certification requirements and provide a market incentive (suggested first year funding at $55,000 from the Sembler funds dedicated for Affordable Housing) to provide owner/occupant incentives such as upgraded appliances/mechanical systems to Energy Star; adding solar water heating systems; upgrading insulation; upgrading roof systems, etc. 0 City Wide Incentives considerations for a Green Building Ordinance 1. Tax abatement of property taxes to offset application and certification fees for projects of a designated size/certification level or for projects exceeding state building code, built to category 5 hurricane levels. 2. Application of Art in Public Places fee toward Green building/site features. When suitable and approved by the Art in Public Places Board, application of the Art in Public Places fee to add/enhance green building features including green space and architectural features that are designed in keeping with the Art in Public Places long range plan and which serve as an educational feature of the site. 3. Reduction in Capital Facilities Stormwater fees when alternative water storage/recycling/greywater systems approved by Utilities are incorporated into the plans for the site. Fee reduction would be scaled to the applicable reduction in capacity demand from each specific site. 4. Private sector partnership funding used for down payment/rent/lease assistance for home buyers, renters and lessees of residential, commercial and industrial space within green buildings. Incentive payment of certification application fees, funding for educational programming on environmental conservation and other public outreach programs including construction/conversion of green facilities and sites within the City 5. Expedited Planning & Zoning Review for green projects seeking certification. Staff is researching the potential for becoming a State Certified local government, which helps eliminate the requirement for the State's lengthy amendment process for large scale amendments, instead allowing local staff to perform those reviews. The City of Boca Raton is currently the only City in Palm Beach County with this certification. Specific timeline for expedited reviews to be provided in final ordinance. 6. Expedited Building review and priority inspection for green projects seeking certification. The Building division will assign a specific work team for both plan review and inspection of green projects. Specific timeline for expedited reviews and priority inspections to be provided in final ordinance. 7. Sustainable Development Coordinator — expansion of existing City position (Assistant Director of Development is recommended). This position will be utilized as the interdepartmental coordinator for projects seeking green certification and will provide incentive assistance, through referral to City, Regional and Federal incentive/funding opportunities. 10 8. Modification of the City's Land Development Regulations - Staff recognizes that certain existing regulations can be updating to recognize the uniqueness of a green project, and may qualify a project for reduction in a standard, modification in a measurement methodology, a change in terminology, or an introduction of exemptions. Potential land development regulations targeted for modification to augment a green building/site program include parking requirements (in connection with related transit access or attributes), parking space size dimensions (to coincide with provisions for smaller or "smart" vehicles), open space or pervious areas (to consider green roofs or other similar "green" spaces), and building height (to accommodate either building design or related "green" equipment). Amendment of the City's Land Development Regulations would of course require support from other administering Departments and ultimate approval by the City Commission. Transportation initiatives 1. Parking — All public parking at a fee to fund: a. Alternative transportation, including commuter shuttle systems, bicycle, walk path and alternative fuel vehicles incentives b. Preferred parking for alternative fuel vehicles powered by non -petroleum based fuels (Electric; Ethanol; Compressed Air; Hydrogen, etc.) c. Solar Electric Charging stations available in select public lots for use by electric vehicles • Recycling initiatives 1. As a LEED Certification requirement, the City will need to investigate alternatives to provide single -stream recycling of building materials. Community Redevelopment Agency Initiatives Within the process of creating affordable and workforce housing, the CRA will continue to: ■ Promote the use of local contractors and materials, therefore reducing the carbon footprint for the project. ■ Promote the use of energy star rated appliances and mechanicals, R30 insulation, impact windows and metal roofs. 11 ■ Promote the use of xeriscape landscaping materials in housing projects that the Agency partners with or assists in funding. 2. The CRA will also require LEED certified buildings that the Agency builds under its own initiative, with effort made to achieve Silver and Gold levels when possible and funding allows. • City -Wide Initiatives 1. Facilities Division and Warehouse will systematically convert existing light bulb inventory for all City facilities to energy efficient light bulbs. 2. Warehouse and Procurement will coordinate on janitorial bid to require biodegradable and environmentally friendly products, and to implement the replacement of equipment with Energy Star products wherever feasible. 3. Systematic replacement of existing vehicles with "green" vehicles (i.e., hybrid, biodiesel, etc.) through coordination with the Public Works/Fleet Department. 4. The reduction of paper consumption by: ■ Implementing an Electronic Agenda process to reduce the need for printing and paper products. ■ Scanning/viewing electronic documents as an alternative to distributing printed documents. ■ Implementing centralized fax software as an alternative to printed -paper fax machines. ■ Double -sided copying/printing wherever feasible. 5. Reduction of electrical power consumption for PCs through the use of a centralized power management setting ("power -off' or "standby" when inactive). 6. Reduction of electrical power consumption for servers through the implementation of "virtualization" software. 7. Reduce solid waste by using 100% recycled paper for printing, copying and utility billing and use 100% recycled content envelopes. 8. Continue to update and upgrade the City's web site with "Go Green Boynton" information for the latest events, activities, and conservation/sustainability tips, articles and publications 12 This report, respectfully submitted by the Green Task Force, represents the collective efforts of not only the appointed eight member committee, but also numerous members of City staff who have generously volunteered their time, assistance and support. We would like to thank the City Commission for giving us this opportunity to make such a significant contribution to the health, welfare and quality of life of our citizens, employees and the residents of Planet Earth. We look forward to being able to continue working, as City staff, on the green initiatives brought forward by the City Commission for implementation. Thank you, Nancy Byrne, Assistant Director of Development Michael Dauta, Warehouse Manager Carisse LeJeune, Assistant to the City Manager Debbie Majors, Grants Coordinator Jody Rivers, Parks Superintendent Christine Roberts, Assistant Director of Public Works Christopher Roschek, Utilities Engineering Manager Michael Simon, CRA Development Manager 13 T E R �sE 0 Ll t h F I o r i, d a Lands c apes Landscaping to Promote Water Conservation Using the Principles of Xeriscape W A T E R W I S E South Florida Landscapes Landscaping to Promote Water Conservation Using the Principles of XeriscapeTM' from the South Florida Water Management District Contents Introduction.................................................................................................................. 2 What Is Xeriscape Landscaping?................................................................................ 2 The Seven Steps of Xeriscape...................................................................................... 3 Planand Design — Step I.......................................................................................... 4 obtaina Soil Analysis — Step 2................................................................................ 6 Choose Proper Plants — Step 3.................................................................................. 7 UseTurf Wisely — Step 4.......................................................................................... 10 Irrigate Efficiently — Step 5...................................................................................... 10 UseMulch — Step 6.................................................................................................. 12 Perform Proper Maintenance — Step 7.................................................................... 13 Plants Not Recommended for Landscaping............................................................ 15 List of Florida's Most Invasive Species...................................................................... 16 PlantLists and Photographs...................................................................................... 18 Glossary ..................................................................................... ................................. 76 Bibliography...................................................................................... inside back cover Florida is surrounded on three sides by water and WHAT IS XERISCAPE LANDSCAPING? Xeriscape is quality landscaping that comerves its interior is filled with wetlands, thousands of lakes, water and protects the environment. Xeriscape and many rivers and streams. With all this water landscaping is based on seven basic principles that around, many people may not realize the need to conserve water. Despite Florida's apparent watery bounty, not all of that water is available for drinking or other uses by humans. In addition, Florida's weather is fickle—long periods of wet weather may be followed by long periods of dry weather. The state's leaders recognize the need to conserve water as a means to ensure the continued availability of this vital resource for everyone from year to year. Preserving and protecting Florida's water resources is a main focus of the state's five water management districts. This guide is brought to you by the South Florida Water Management District in order to help you work with nature in our region's unique environment to establish a landscape that conserves water resources and protects water quality. Through use of the Xeriscape landscaping principles, everyone can help conserve resources. Achieving a natural, healthy balance in your landscape starts by putting the right plant in the right place. Matching plants to conditions that exist in your area helps them thrive, once established, with little or no irrigation or chemicals. The seven principles of Xeriscape are explained in this guide. Scientific or other special terms appear in bold. These terms are listed in the glossary at the end of this guide and are defined in the context in which they are used in this guide. A comprehensive plant list is included to help you choose the best plants for your landscape. Resources and references for more specific information about gardening techniques are listed at the back of the guide. Through this guide, we hope you'll find that when you work with nature, nature will work for you. And you'll be doing your part to ensure that our natural resources can be enjoyed today and by future generations. 2 can be successfully applied anywhere. The main objective of Xeriscape is to establish and maintain a healthy landscape by matching the right plants with existing site conditions so that the use of additional resources, such as water, fertilizer, pesticides and labor, is minimized. In addition to helping conserve water resources, Xeriscape landscaping practices reduce the amount of pollutants reaching water bodies because fewer yard chemicals are used. Fertilizers and pesticides can contaminate water bodies when they are washed out of the yard with the rain, in stormwater runoff. The term Xeriscape and the concept of Xeriscape were first developed in the southwestern United States during droughts in the early 1980s. Residents of the West learned that one way to save water was to develop landscapes with plants that occur naturally in the existing conditions, rather than perpetually trying to change the conditions. In Florida, Xeriscape landscaping can be as lush as Florida itself — Xeriscape is rocks and cactus only where they naturally occur. The best time to establish a drought -tolerant Xeriscape landscape for your home or commercial property is long before a drought. Once established, the right plant in the right place will be highly self- sufficient, needing little help to survive nature's extremes. Healthy, well-placed plants with deep, established root systems will need less help to survive a drought. Conserving our water supply and reducing water pollution have become important issues in our growing communities. In many Florida homes, as much as half of household water is used outdoors, mostly for lawn and garden irrigation. Despite Florida's humid climate and abundant surface water bodies, water shortages do occur here. Demand can overtake supply, and regional droughts force Floridians to practice water conservation as a way of life. THE SEVEN STEPS OF XERISCAPE The seven simple steps of Xeriscape landscaping have been used by landscape professionals for years. Here is an overview of the seven principles; details of each principle are given in the following pages. 1. PLAN AND DESIGN — Make a sketch of the landscape site. Base the plan on site conditions, existing vegetation and topography — the natural features of the land. Assess the area's growing conditions and think through intended uses of the landscape. Landscapes are dynamic, so include elements of growth, time and change in your plan. 2. OBTAIN A SOIL ANALYSIS — Determine the soil composition, from sandy to clay, and test for the pH of the soil — its level of acidity or alkalinity. This information will help you decide which plants are best suited to the conditions of your yard. 3. CHOOSE PROPER PLANTS — When choosing new plants, match each spot in your landscape with plants that thrive in the specific conditions of that spot. Look for plants known to be resistant to disease and pests. Consider each plant's mature height and width, its need for sun, shade, soil and water, and its tolerance to salt or temperature. To find your plant temperature hardiness zone, please refer to the map on the inside front cover. Preserve as many existing trees and shrubs as possible, if they're healthy and if the root systems are not significantly impacted by construction. Appropriately placed Native vegetation Rt will remain healthy with minimal supplemental irrigation and care once established. 4. USE TURF WISELY — Grass is often a yard's largest water user, but it can still play a role in a water - conserving landscape. Plan practical turf areas where turf is most functional in the landscape plan, such as where children or pets will play, or for erosion control. In other areas, consider more water -thrifty alternatives such as groundcovers or mulched walkways. 5. IRRIGATE EFFICIENTLY — Group plants based on their water needs. Put moisture -loving plants in moist areas and plants that prefer well -drained sites in drier areas. Group together plants that may need irrigation so that water is only used in limited areas. Irrigate only when plants need water or when rain is inadequate. Use the right irrigation system, proper sprinkler head and spacing for each area. 6. USE MULCH — Mulch helps hold moisture in the soil, moderate temperature, slowly release nutrients, reduce weed growth and slow erosion. Spread mulch 2 to 4 inches thick, around shrubs and trees and on flower beds, but be sure to keep mulch from coming into direct contact with plant stems. 7. PERFORM PROPER MAINTENANCE — Keep plants healthy. Too much water and fertilizer promote weak growth, as well as increase pruning and mowing requirements. Remove weeds by hand before they get established and crowd out the plants you want. Watch for pests and make sure they're truly a problem before waging war, then do it organically whenever possible. Flan and Design — Step i Whether you are developing a new Xeriscape landscape or renovating an existing landscape, proper planning and design are important. Think about the various areas of your landscape in terms of how they should be developed for different uses and how much space you should allot to each area. As you plan each area, consider several different arrangements. For example, is a fence, wall or hedge more appropriate for screening and/or security? How much space is needed for active recreation, a garden or for patio entertaining? Only after these decisions are made should you begin thinking about what plants to use. BEGIN WITH A BASE MAP A base map is a plan of your property drawn to scale on graph paper showing the location of the house, its orientation to the sun, other structures on the site, unusual features and existing vegetation. Accuracy in the base map will help you determine if your site will accommodate all of your plans. Later, it will help determine the quantity of any construction materials and plants needed. Next, lay a sheet of tracing paper over the base map and label it "Site Analysis." Use arrows to indicate the direction of desirable views you want to emphasize and any undesirable views you want to screen. Use arrows to indicate the drainage patterns of the property, including any low spots or eroded areas. Make plans to correct potential drainage problems before planting. This may require re- grading, bringing in additional soil, building retaining walls or shaping terraces. Any changes in the existing landscape should be subtle so that the natural character of the landscape is retained. PLAN FOR DIFFERENT USE AREAS To begin your Xeriscape plan, overlay the base map of your property and site analysis sheet with another piece of tracing paper. On this sheet indicate the public, private and service areas of your landscape. See figure 1. Consider how these areas 4 will be developed based on space requirements for each activity. The public area is the highly visible area that most visitors see, such as the entry to the home. In a traditional landscape, this area typically receives the most care, including the most water. Therefore, the careful design of this area is important for water conservation. It is possible to design this area to require minimal water and maintenance without sacrificing quality or appearance. The private area of the landscape, usually the backyard, is where most outdoor activity occurs. It is generally the family gathering area. It may also include a vegetable garden or fruit trees. The landscape in this area needs to be functional, attractive and durable, but it also should be designed to require less water than the public area of the landscape. The service area is the working or utility area of the landscape, an area usually screened from view and containing such items as garbage cans, outdoor equipment, air-conditioning units or doghouse. In terms of routine maintenance, this area would be designed to require the least care and water of the three areas. ESTABLISH WATER -USE ZONES In addition to dividing the landscape into use areas, a Xeriscape plan further divides the landscape into three water -use zones: high or oasis (regular watering), moderate or drought -tolerant (occasional watering) and low or natural (rainfall watering). See figure 2. There may be several of these zones within an individual landscape. High water -use zones, or oasis zones, are highly visible, high maintenance areas of the landscape, such as the area around the patio where plants are watered regularly in the absence of rainfall. In the moderate water -use zones, established plants are watered only when they wilt or show other symptoms of moisture stress. In the low water -use zones, plants are watered by natural rainfall and would not be irrigated. For greatest water conservation, design as much of your landscape as possible into low water -use zones. Most people are surprised to learn that the majority of our woody ornamental trees and shrubs, turfgrasses, some herbaceous perennials and even some annuals grow well in low water -use zones where they need no irrigation once they are established. Expect a slight loss of quality during extended dry periods, but don't be alarmed. Many plants will literally shut down during drought and cease growing. Bahia grass will go dormant and turn brown during drought, then bounce back with the first rains. Learning to accept this "less than perfect" appearance during dry periods is one of the most difficult concepts to overcome in any landscape. One exception to the water zone rule is newly planted ornamental plants and turfgrasses. These plants require regular irrigation during the establishment period (30 to 60 days) regardless of their intended water -use zone. 'ICE :A Now, add a new overlay of tracing paper to the base map and sketch your desired water -use zones. The landscape is beginning to take shape and you can visualize the form of the various beds, but construction materials and plants have not yet been identified. DEVELOP A MASTER PLAN Once you have settled on a design scheme and a water management arrangement, give form and definition to the various spaces in your plan. With the identification of planting spaces as well as edging materials, groundcovers and paving, the Master Plan begins to take form. This is a plan showing the final product of your efforts. Straight lines or smooth flowing curves are best—tight curves or unnecessary bends can be maintenance problems. Use right angles or gentle curves, and avoid acute angles that are difficult to maintain and irrigate. Remember that MODERATE WATER USE LOW WATER USE .x MODERATE PATIO WATER USE MODERATE WATER USE RESIDENCE P,I,Ppp- "74V DRIVEWAY LOW WATER USE Figure 1 The basic use area of a typical Figure 2 Diagram of water use zones of property residential lot 0 simplicity in the design will ensure easy maintenance and water -use efficiency. A prototype Master Plan is shown in figure 3. FIT PLANTS TO THE DESIGN Once you achieve the style and overall effect you desire, it is time to select plants to fill the assigned spaces. It is very important to select plants that complement and accent the good features of the architecture and construction materials rather than overpower them. Group plantings to conform to the shape of plant beds. Avoid rigid or formal, geometric plantings as much as possible. Place plants at the proper spacing in the landscape to ensure easy maintenance and more efficient use of water. It is extremely important to space plants far enough apart so they can achieve their mature size without being crowded. Select plants that have sizes and forms that conform to their location without having to be sheared or frequently pruned to keep them in bounds. Choose plants with the same shapes and ultimate sizes as the space you want them to fill. Symbols 0 Existing Hardwood of'r Exieting Conifer Shrub ° ® Hedge Propoeed Hardwood Propoeed Conifer 4X Flowering Shrub .,. — -- Fence Fere o 6 Herbauoue Rrrcnnla le Figure 3 Master Plan for incorporating Xeriscape principles. Note how the character of this landscape is very similar to that of a traditional landscape. 6 Obtain a Soil Analysis — Step 2 INSPECT YOUR SOIL A thorough analysis of both the physical and chemical characteristics of the soil is important when developing a waterwise landscape. Each soil has its own unique structure and texture, drainage pattern, pH, nutrient content and need for amendments and fertilizer. To complicate matters, there may be several different soil types within an individual landscape, or the soil may consist of till dirt brought onto the site. Soils are seldom perfect, and most of them can be improved in some way to ensure best plant growth. SOIL ANALYSIS SAVES GUESSWORK Before landscaping, take a soil sample to your County Cooperative Extension Service for testing. DON'T ADD ORGANIC MATTER TO THE PLANTING HOLE FOR TREES AND SHRUBS For years, we have added organic matter like peat moss, animal manure or compost to the planting hole to enrich the soil, to conserve moisture and to improve plant growth. But recent research shows no benefit from amending the planting hole. In fact, organic matter added to individual planting holes in soil acts like a sponge in a bathtub, holding excess moisture around plant roots alter irrigation or rainfall. Waterlogged soils that suffocate plant roots are a leading cause of plant death. Even in well - drained sandy soils, organic matter encourages the roots of plants to stay within the hole instead of growing out to explore the native soil. When planting individual trees and shrubs, dig a large planting hole at least two times wider than the root ball of the plant. See figure 4. Research at the University of Florida shows that plants transplanted into a large planting hole get established more quickly and develop a significantly larger root system than those in a small hole no larger than the root ball. A large, extensive root mass improves the plant's ability to absorb moisture front the ,oil and help, the plant survive drought. Next, make certain the top of the root ball is level or slightly above the soil surface, then backfill with the same soil removed from the hole. Do not add amendments to the hole. Simply backfill with the native soil after removing stones, sticks and other debris. Tamp the soil lightly to eliminate air pockets. Water thoroughly, and then add an organic mulch to conserve moisture. When planting a group of shrubs, cultivate the soil throughout the area as deeply as possible. Cultivation changes the structure of the native soil and provides a good environment for growth. IMPROVE THE STRUCTURE OF POOR SOILS Certain native soils such as dense, poorly drained clays silts have such poor structure that plant growth suffers unless they are improved. Poorly drained soils can be improved in several ways. Sometimes deep cultivation will break apart a hard layer of soil (hardpan) several inches below the soil surface and improve drainage. On the other hand, sandy soils that tend to dry out rapidly and hold little moisture will benefit from organic matter such as aged animal manure or compost incorporated uniformly throughout the planting bed. This is particularly helpful when plants requiring water, such as annuals, are to be grown. However, instead of adding the organic matter to the planting hole, apply 3 to 6 inches on the soil surface and incorporate it into the soil using a rotary tiller. When selecting plants for a Xeriscape landscape, keep in mind this important fact: It is not the plants we select that save water, but our ability to locate them in the landscape appropriately and to manage them properly that determines their water needs. Any ornamental plant or turfgrass presently on the market can be used in a Xeriscape-type landscape. In fact, you may be surprised to learn just how many plants can thrive without any supplemental water once they are established. The key is to identify the water needs of the plant you select, then group it in the landscape with other plants having similar needs for water. By doing this, supplemental irrigation can be applied most efficiently to those plants that require it. The result is maximum water conservation. J 2ft 4ft Figure 4 Diagram of properly planted shrub. Proper planting is the key to healthy root growth and drought tolerance of trees and shrubs. Also, design turf in practical shapes that can be efficiently irrigated and maintained. The shape of a turf area has a direct impact on water use and waste. Long, narrow strips of turf are hard to water efficiently. Turf areas of the same size that are square or rounded are practical. As irrigated space is reduced, water savings increase. Choose Proper Plants - Step 3 Choose plants that can survive on normal rainfall in your area or that require minimal irrigation. Existing native plant communities are an example of the "right plant in the right place." There are also non-native plants cultivated specifically for Florida conditions that are water -efficient and resistant to disease and pests. However, there are also some plants that do too well because they don't have any natural balances in the Florida environment, and they become highly invasive. These plants have no place in a Xeriscape landscape. And remember, the success of your Xeriscape landscape depends as much on where you locate plants as on what plants you use. Plant it smart! Learn each plant's • Mature size (height and width) • Sun and shade requirements • Soil needs • Water needs • Salt and cold tolerances Match these factors with your soil and climatic conditions. DO YOU NEED SALT -TOLERANT PLANTS? Many areas in Florida have salt prevalent in the air and the water. This is particularly true near the coast and salt marshes. Salt can even find its way into wells. Exposure to salt may severely damage or kill some plants so if necessary, choose plants that can tolerate such exposure. Salt is alkaline, so a plant's tolerance for salt indicates its tolerance to alkalinity. Where does this salt originate? Homes near the beach experience salt spray, with stiff winds blowing fine particles of salt and sand onto plants. Different plants can take varying degrees of this salt exposure. Some can't tolerate it at all. Irrigation water may also be salty, or saline. In some areas, the water taken from the ground is naturally high in salt. Other areas suffer from saltwater intrusion, where salt water moves underground into freshwater aquifers due to overpumping of the aquifer. If the salinity level in irrigation water is too high, the water can kill plants. Also, be aware that some household water treatment systems add salt to the water to remove iron or other minerals. Don't use this water for plants. Use this guide and consult a plant specialist to determine if a plant is salt -tolerant. If you suspect salt problems, have your water tested for salt content. The diverse South Florida landscape includes various plant communities. Different plant communities often converge gradually in what are called ecotones — regions where one ecosystem blends into another. Sometimes pockets of one community are surrounded by another. Observing the differences in ecotones can help determine differences in home landscapes and guide plant selection for microclimates throughout the landscape. FLORIDA'S PLANT COMMUNITIES Coastal Uplands BEACH DUNE SYSTEMS — Alkaline to neutral soils of coarse sand and shell; well drained, with some salt content. Sea oats, sea grapes and dune sunflowers are a few examples of beach dune plants. 8 Coastal scrub `)oil off moderalclY alkaline i: neutral; sande with sone shell. Gumbo tmrb., oar and oak Trees are found in maritime torest, Pine Flatwoods The most common plant community- in Florida. Acidic, sandy soil with a hardpan laver 1-3 feet below. Slash pines, gallberry and grasses are common in pine flatwoods. Sandhills High pinelands of open longleaf pine with wiregrass, shrubs or turkey oaks. Hardwood Forests Hardwood forests occur in patches in temperate areas of Florida. The soils are acidic and sandy. UPLAND MIXED FORESTS — Occur throughout Florida's northern panhandle region on upland clay soils. Magnolia, beech, oak and maple trees are found here. UPLAND MESIC HARDWOOD FOREST'S — Oak -hickory to pine -oak -hickory; range through central to west -central Florida on rich upland soils and clay hills. Sweetbav, holly and oaks are common in this community. Forests of Abundant Cabbage Palms Sand over marl; flat hammocks of cabbage palms and live oaks; rarely flooded. Rocklands The uplands of southern peninsular Florida and the Keys with diverse tropical trees and plants. PINE ROCKLANDS — Porous limestone with sandy humus and marl; good drainage. Pine and palmettos dominate with numerous rare plants. TROPICAL HARDWOOD HAMMOCKS — Alkaline limestone with moist humus. A range of understory plants and a diverse canopy including bromeliads, orchids and ferns. Prairies DRY PRAIRIES — Similar to pine flatwoods without the pine overstory; dry prairies occur in central to west central Florida. Scrub oaks, saw palmetto and wiregrass are common in dry prairies. WET PRAIRIES — Herbaceous plants dominate with sparse woody species; often inundated. Sawgrass, slash pines and wax myrtle are found in wet prairies. Scrub Includes Florida's rarest plants and animals. Soils sandy, infertile and well -drained. Sand pine, oaks and rosemary can be found in scrub areas. SCRUB CYPRESS — South Florida community with thin marl soils over limestone; scrub pond cypress with grasses and sedges. Cypress Swamp Forests Inundated most of the year, with epiphytes growing in the cypress canopy, and ferns and aquatic plants growing among cypress knees below. Wetland Forests SWAMP FOREST — Usually inundated stands of cypress, maples, hickory and ash. HYDRIC HAMMOCK — Occasionally flooded with evergreens, maples, water oaks, elms and palms. Coastal Saline Wetlands COASTAL SALTWATER MARSHES — Grasses and rushes dominate; mostly north and west. MANGROVE SWAMPS — Central and southern coasts with heavy muck created by leaf litter and alternate flooding and draining. Mangroves, buttonwood and sea oxeye daisy thrive in mangrove swamps. w WHAT TO PLANT Plant lists should be generated for the different areas of the landscape based on growing conditions and desired characteristics. Plantings should be placed with consideration for changes which will take place over time. In natural plant communities, these changes are called succession. Succession is the evolution of plants starting out, maturing, being replaced by other plants and eventually developing to a climax, or a balanced, mature ecosystem. In most landscapes, succession is halted by deliberate maintenance practices. Yet plants tend to strive toward succession. By planning for each plant's mature state, a dynamic landscape can be planned to include natural changes. When plants are first put into a landscape, the area should look unfinished as the landscape must be given space and time to grow. Plan to replace sun -loving plants with shade -tolerant plants as the larger elements in the landscape, such as trees and shrubs, grow and create shade. Many so-called shrub species are actually 20 -foot multi -trunked trees. Select plant species that will mature to a height and width that will fit the location. Cypress swamp If you want a shrub that only grows 2-4 feet tall, find a dwarf variety or use ornamental bunch grasses or flowering perennials like pentas and scarlet milkweed PLANTING FOR EFFICIENT WATER USE Group plants in appropriate conditions according to their water needs. If plant placement is done correctly, once plants are established little to no supplemental irrigation will be necessary. However, when plantings need supplemental watering, choose the right irrigation heads. Turf areas and planting beds should always be in separate irrigation zones. This separation allows for different irrigation schedules and different irrigation heads, such as pop -ups for turf, or drip heads for individual specimen plants such as shrubs or perennials. NATURAL ZONE — In this area, place plants that have adapted to the wet and dry extremes of Florida's climate so that regular watering (once plants are established) won't be necessary, except during prolonged drought. DROUGHT -TOLERANT ZONE — In this area, place plants that can survive extended periods of time without rain or supplemental irrigation. OASIS ZONE — In the oasis zone, usually a small area, colorful ornamental plants may be chosen that may require extra water or care. Plants native to Florida can play a very dependable role in the landscape. Many of Florida's plants have evolved through periods of extreme wet and then dry weather, so they survive through drought and don't get root rot standing in water. They have also developed defenses to the diseases, fungi and insects found in Florida. Many tolerate the high winds that occur during tropical storms and hurricanes. Strive to establish a yard that is largely sustained by existing conditions, then if specialty plantings such as vegetables or roses are desired, a more labor - and resource -intensive planting bed can be created in one or two areas. Remember, the overriding guidance should be to put the right plant in the right place. 10 Use Turf Wisely -- Step 4 Grass can be a practical part of your landscape in the right place, for example, in a play area for children. Follow these simple tips for a healthv lawn and to reduce maintenance: • ADD ORGANIC MATTER. This improves water retention of the soil and turf health. • GO LIGHT ON THE FERTILIZER. Fertilization stimulates growth and increases water needs. If you do fertilize, use a slow-release nitrogen product. "These products won't be washed away like liquid or fast -release fertilizers, which can contaminate waterways through stormwater or irrigation runoff. • LEAVE SHORT GRASS CLIPPINGS "'HERE THEY FALL WHEN You Mow. This reduces the lawn's need for both water and fertilizer. However, remove thick patches of clippings, which will decay and kill the grass. • RISE TO NEW HEIGHTS. That is, raise the height of your lawn mower blades to the highest setting. When you mow the grass, remove no more than one-third of the leaf blade. Cutting grass shorter than this may stress the grass and may also decrease the depth to which roots will grow, increasing the need for water. Most St. Augustine grass and bahia grass varieties should not be mowed below 3 inches in height. • DEEP A SHARP CUTTING EDGE. When lawn mower blades are sharp, they give a clean cut. Grass torn and shredded by dull blades suffers stress, requiring more water. • CONSIDER ALTERNATIVES TO GRASS. Grass can be a useful plant. Use grass in areas where children or pets play, or for erosion control. In low -use areas, consider drought - tolerant plant beds, groundcovers, mulch, walkways or other alternatives that require little or no water. Irrigate Efficiently — Step 5 PROPER DESIGN IS IMPORTANT. The installation of an efficient sprinkler system begins with good design. The system must be capable of applying water uniformly over the desired area with a minimum of over -spray into adjacent areas. I K THE,, 31 1C ON 1UTE OF 'O 'R P 3 I :: FR SYSTI'4 I _ation rate is the rat : it -h i sprinkle - s ;tc .- i rpplies water tc tl- e x I a e measured it _ es ger- hours (ir /hr) If rpl:l a on rates e: ee I ie .rbsorptio i c.rp rc tl, of le : ,1 then rur o ooi rs. Problems wir.h rt n:,It acre nor Li ely to o<ct in . ry soils that liave z li v :r ; : . c ipacity. t, y sprink Le: wt.; ly :lave appli-ation i rtes of to .50 inch x er '.,..rr and rarely ca.rse r rr i oft'. iprr h ads, on t hf rtl : i hand, typically Lave .ppl :rt on rates h< i ve rn 1 and 2 inchc,s per h it r and nal, rr ;e runof e hr m ✓ soils, especially A h r! cp : a e greater tl n 1 C percent. If runolf oc urs, 111.1 11 system c f rr tr hour or two to .et th ° wager oa:c i, rnd then a rly tl : remainder of, he H ater. = rtf mine the ; pl ::, tion rate of a sprink e este n y placin ! t I re, ! • four rain gt ufes or empty una :a s at rant to o n irrigated area fer >nM ie 'mined h n; ; h - � I' ime (usually one :ic u •). By :nci in., the app lic, tic n ates of your sp •inkl !r ;este r , ou will ;n, w ,c v long to operate :h.! :;yst:em o al l;h a given cn urr: of water and wi:l avc is past ng water. A, en ;e w ter level within the ;auges I1 or tuna cans is a measure of the output of the system (in/hr). Repeat this procedure in each sprinkler zone, particularly if different types of sprinklers are used on different zones. ADJUST SPRINKLER HEADS AS NEEDED. Improper adjustment of sprinkler heads not only wastes water but also may damage buildings or cause accidents if the water is allowed to spray onto buildings, public streets or sidewalks. Carefully adjust the radius and arc of part -circle sprinklers to prevent undesirable over -spray. Check the system several times during the year to ensure proper adjustment. OPERATE SPRINKLERS BETWEEN 4 P.M. AND 10 A.M. Time of application affects water -use efficiency. The best time to irrigate with sprinklers is between 4 p.m. and 10 a.m. since the least amounts of sunlight and evaporation occur during these hours. GUIDELINES FOR IRRIGATING THE LANDSCAPE AN AUTOMATIC CONTROLLER CAN HELP TO SAVE WATER. An automatic controller attached to the irrigation system turns the system on and off and controls the water flow through the various zones according to a pre-set time clock. It allows you to set the length of time each zone operates as well as the days of the week and time of day the system operates. However, an automatic controller does not relieve you of the need to closely monitor its operation. Controllers should be re -programmed frequently during the growing season because water needs change from week to week. A rainfall sensor or rain switch attached to the controller detects rainfall and prevents the irrigation system from operating if significant rainfall has occurred. Another type of sensor measures soil moisture and overrides the system when soil moisture is adequate. Sensors are especially useful if the system cannot be monitored and adjusted regularly. Mulched beds conserve soil moisture and add design interest to this bed of viburnum and crown of thorns. There are many different types of controllers on the market. Make sure you get one with the features you need. When managed properly, an automatic controller can pay for itself in reduced water usage, cost and labor. HANDWATERING IS NOT JUST FOR NEWLY PLANTED ORNAMENTAL PLANTS. It is also an effective and efficient way of applying water to selected plants that show signs of stress during dry periods. The direct application of water to the base of the plant, provided it is applied slowly enough to be absorbed by the soil, uses less water and is more efficient than sprinkler irrigation. KNOW WHEN AND HOW TO IRRIGATE TURFGRASS. Turf under water stress will appear a dull bluish green color, the leaf blades will roll inward, and footprints will remain on the grass after walking over an area. Under optimum growing conditions (high water - use zone), turfgrasses use 1 to 1 1/2 inches of water per week during hot, dry weather. It is usually best to divide this amount into two applications per :.eel: applying 1/2 to 3/4 inch each time. Never apply more than 1/2 to 3/4 inch at a time as this will likely result in winter season when temperatures are cooler, it is usually adequate to irrigate only once per week or less. NEVER WATER GRASS DAILY EXCEPT DURING ESTABLISHMENT. Daily irrigation with a small amount of water encourages a shallow root system and reduced drought tolerance as shown in figure 5. Since roots generally grow where the soil is moist, a shallow root system also prevents efficient uptake of plant nutrients. Shallow, frequent irrigation increases evaporative water loss from the soil. Use Mulch - Step 6 Mulching is one of the most beneficial landscape practices. Mulches conserve moisture by preventing evaporative water loss from the soil surface and reducing the need for supplemental irrigation during periods of limited rainfall. By maintaining an even moisture supply in the soil, mulches prevent fluctuations in soil moisture that can damage roots. Mulches also prevent crusting of the soil surface and allow water to penetrate readily to plant roots. They insulate the roots of plants from summer heat and winter cold and help control weeds that compete with plants for moisture. By serving as a barrier between the plant and soil, mulches help discourage soil -borne diseases that stress plants and cause them to have a higher demand for water. Islands of mulch beds designed to blend with the landscape are an economical way to retrofit an existing landscape by reducing water needs and maintenance requirements. Aside from occasional weed control and topdressing with additional mulch, unplanted mulched areas require no water and little routine maintenance. Pine straw, melaleuca mulch, recycled yard waste and shredded hardwood mulch or chips are some of the best mulches for a waterwise landscape. These fine -textured mulches hold moisture in the soil better than course -textured mulches like large -nugget pine bark. They also are non -matting and allow water.. nutrients and oxygen to freely penetrate to plant roots. Inorganic mulches, on the other hand, such as runoff or deep percolation below the root zone. In the rock, gravel and marble absorb and re -radiate heat I' from the sun and increase water loss from plants and soil. Table I compares commonly used mulches on the market today. Cypress mulch is not recommended in order to protect natural cypress wetlands. Apply approximately 3 inches of mulch under ornamental plants in the landscape. Avoid applying too much mulch because it encourages shallow roots that are easily damaged by excessive cold, heat or drought. Where possible, extend the mulched area two to three times beyond the canopy spread of ornamental trees and shrubs. Research shows that the roots of ornamental plants grow far beyond the canopy spread, so it is important to mulch as large an area as practical. Once mulch is in place, use your hand to pull it back 2 to 3 inches away from the trunk of trees and shrubs. Keeping mulch away from the trunk will help prevent wood rotting diseases. During periods of limited rainfall, make certain sufficient mulch is maintained beneath plants. If watering restrictions prevent you from irrigating, mulches will help conserve the soil's remaining moisture. Newspapers placed under organic mulches improve water conservation in the soil and provide effective recycling. Place them on the soil surface under organic mulch at planting time. Perform Proper Maintenance — Step 7 A Xeriscape landscape is a low -maintenance landscape. By working smarter, not harder, in the landscape, you'll save time, energy and water without sacrificing the beauty of the environment. Figure S The healthy, deep-rooted gross on the left results from proper irrigation. The weak shallow - rooted grass on the right results from light frequent irrigation. FERTILIZE LESS AND USE SLOW-RELEASE FERTILIZERS. Many common commercial fertilizers are known by their analysis number, such as 16-4-8, 10-10-10 or 6-6-6. A complete fertilizer contains nitrogen, phosphorus and potassium. The numbers indicate the percentage of each of these nutrients. A 16-4-8 grade, for example, contains 16 percent nitrogen, 4 percent available phosphorus, and 8 percent soluble potassium. Purchase a fertilizer with nitrogen in slow-release form. Slow-release type fertilizers last longer by releasing nutrients gradually, in some cases for an entire season with one application. Also, they do not leach from the soil or wash away in runoff as readily as all-purpose fertilizers. COMMONLY USED MULCHES MULCH SOURCE DURABILITY SUBSIDENCE HIGH IN NUTRIENTS MAINTAINS PH MAINTAINS COLOR eucalyptus plantations poor good poor good poor melaleuca degraded good good poor good good wetlands pine bark by-product good good poor good fair pine straw pine good poor fair poor poor plantations recycled various good fair good good good cypress Not recommended in order to protect natural cypress wetlands. Table 1 Attributes of suggested mulches 13 Always check the application rate on the label. The label usually suggests an application rate for optimum growth. This application rate is ideal for newly planted ornamental plants and turfgrasses to encourage healthy new growth and plant establishment. However, once plants are established, the recommended application rate of fertilizer can be reduced without sacrificing quality or appearance. This reduction in application rate is particularly important before and during dry periods. A good rule of thumb on established plants is to cut in half the rate recommended on the package. Leaving grass clippings on turfgrass at each mowing supplies the grass with recycled nutrients and reduces the need for supplemental fertilizer. This does not promote thatch (a spongy condition of the turf), Thatch results from an accumulation of grass stems, shoots and roots, not clippings. By leaving cuttings on your lawn, as much as one-third of the nutrients applied to your lawn can be recycled. TURFGRASS MOWING HEIGHT (inches) Centipede 1 to 1.5 Bermuda 1 to 2 Hybrid Bermuda 0.5 to 1.5 St. Augustine 2 to 3 Table 2 Mowing heights for turfgrosses 14 PROPER MOWING SAVES WAI ER. clow at the recommended height ( table 2). Keep blade sharp and mow often enough so that no more than one-third of the leaf blade is removed at each mowing. Research shows that raising the mower blade during dry weather and cutting the grass higher encourages deeper rooting, increases turf survival during drought and reduces water demand. Avoid scalping and stressing the grass and make certain mower blade is sharp at all times. PRUNING. If a plant is placed in the right location and given enough room to mature, pruning should be minimal. Prune to retain the natural shape, or structure, of trees and shrubs and to promote or maintain strong structure. Less pruning is usually better because pruning is stressful to a tree or shrub, which causes it to require more water. Also, pruning at the wrong time of the year can stress plants. Your County Cooperative Extension Service has information on how and when to make proper pruning cuts for each type of plant. PLANTS NOT RECOMMENDED FOR LANDSCAPING The problem with invasive, exotic plants is that they spread from managed landscapes into Florida's natural areas. These plants crowd out native plants and stress the habitats that support Florida's threatened and endangered species of plants and animals. Melaleuca, Brazilian peppertree, water hyacinth and kudzu are well known pests that cost the state millions of dollars annually to control. Not as well known are some ornamental plants that also spread into Florida's waterways, parks and natural areas. This guide includes a list of plants not recommended for landscaping because they have shown their abilities to invade natural areas. The list is maintained by the Florida Exotic Pest Plant Council (FLEPPC), an organization comprised of professional botanists, environmental scientists, park rangers and land managers. The list is updated every two years based on observations and documented records of pest plants' spread and reproduction in Florida's natural areas. It is posted at the FLEPPC web site (www.fleppc.org). Some of the plants on the FLEPPC list are prohibited from possession, sale or cultivation by federal, state or local laws. The South Florida Water Management District, along with other agencies, battles invasive plants in waters and lands managed for the protection of public resources. The District encourages the public to learn about the problems posed by these plants and use this knowledge to wisely choose landscape plants. The District does not recommend the use of invasive plants for landscaping. ARE ALL NON-NATIVE PLANTS BAD FOR OUR ENVIRONMENT? No. In fact, most non-native plants used in our Florida landscapes do not spread into the environment. While more than 10,000 non-native plants are estimated to have been purposely or accidentally brought into Florida, only 1,200 have 15 survived outside cultivation. And, of those, only 63 species are currently thought to be invading and disrupting native plant communities. This is less than one percent of all introduced plants. SO WHICH PLANTS ARE OK? Some of the plants on the FLEPPC list are still commercially available. Some are already prohibited from propagation by federal or state laws, and others are under review and may or may not be prohibited in the future. Talk to your local extension agent and conduct your own research in making your decisions. The nursery industry offers alternative plants and non-invasive varieties of some of the species known to spread into natural areas. Availability of these plants is noted in this plant guide where applicable and known. COULD SOME PLANTS CAUSE PROBLEMS FOR NATURAL AREAS IN THE FUTURE? Only extensive research should guide legal prohibition of any plant. Consideration may include both ecological and economic impacts. The fact that some plants may become invasive only in certain habitats or regions adds to the complexity of this issue. Consensus regarding the invasiveness of plants produced by Florida's nursery growers is sought through ongoing dialogues between the plant industry, regulators, academia and natural areas managers. Information on distribution of plants found in Florida may be found at the University of South Florida Center for Systematic Botany web site— http://www.plantatlas.usf.edu/. Because plant distributions and our understanding of their impacts may change over time, the information in the above web site and the FLEPPC most invasive plants list are updated periodically. The information provided here was updated in 2003. Be sure to check for the most current information. FLORIDA EXOTIC PEST PLANT COUNCIL 2003 LIST OF CATEGORY I (MOST INVASIVE) SPECIES Government Regional Scientific Name Common Name List Distribution Abrus precatorius rosary pea C S Acacia auriculiformis earleaf acacia Albizia julibrissin mimosa, silk tree N, C Albizia lebbeck woman's tongue Ardisia crenata (= A. crenulata) coral ardisia N, C Ardisia elliptica (= A. humilis) shoebutton ardisia Asparagus densiflorus asparagus -fern Bauhinia variegata orchid tree C, Bischofa javanica bischofia C, S Calophyllum antillanum (= C. calaba; santa maria, C. inophvllum misapplied) mastwood, Alexandrian laurel Casuarina equisetifolia Australian pine P N, C, S Casuarina glauca suckering Australian pine P C, S Cinnamomum camphora camphor -tree N, C, S Colocasia esculenta wild taro N, C, S Colubrina asiatica lather leaf S Cupaniopsis anacardioides carrotwood N Dioscorea alata winged yam N N, C, S Dioscorea bulbifera air -potato N N, C, S Eichhornia crassipes water -hyacinth P N, C, S Eugenia uniflora Surinam cherry Ficus microcarpa (E nitida and F. laurel fig C, S retusa var. nitida misapplied) i Hydrilla verticillata hydrilla P, U N, C, S Hygrophila polysperma green hygro P, U N, C, S Hymenachne amplexicaulis West Indian marsh grass C, i Imperata cylindrica cogon grass N, U N, C, S (I. brasiliensis misapplied) Ipomoea aquatica waterspinach P, L7 Jasminum dichotomum Gold Coast jasmine C, S Jasminum fluntinense Brazilian jasmine S Lantana camara lantana, shrub verbena N, C, S Ligustrum lucidurn glossy privet N(- Ligustrum sinense Chinese privet, hedge privet N, C, S Lonicera japonica Japanese honeysuckle N, C, S Lygodium japonicum Japanese climbing fern N N, C, S Lygodium microphyllum Old World climbing fern N Macfadyena unguis-cati cat's claw vine N, C, S I Manilkara zapota sapodilla Melaleuca quinquenervia melaleuca, paper bark P, N, U L„ S Melia azedarach Chinaberry N, C, S Mimosa pigra catclaw mimosa P, N, U C, S I Nandina domestica nandina, heavenly bamboo Nephrolepis cordifolia sword fern N, C, S Nephrolepis multiflora Asian sword fern Neyraudia reynaudiana Burma reed; cane grass N S Paederia cruddasiana sewer vine, onion vine N t Paederia foetida skunk vine N N, C, S Panicum repens torpedo grass N, C, S 16 FLORIDA EXOTIC PEST PLANT COUNCIL 2003 LIST OF CATEGORY I (MOST INVASIVE) SPECIES ABBREVIATIONS USED: Government list: Government Regional Scientific Name Common Name List Distribution Pennisetum purpureum Napier grass C, S Pistia stratiotes water lettuce P N, C, S Psidium cattleianum (P. littorale) strawberry guava C, S Psidium guajava guava C, S Pueraria montana (= P. lobata) kudzu N, U N, C, S Rhodomyrtus tomentosa downy rose -myrtle N C, S Rhoeo spathacea (see Tradescantia spathacea) Ruellia brittoniana Mexican petunia N, C, S Sapium sebiferum popcorn tree, Chinese tallow tree N N, C, S Scaevola sericea (= Scaevola scaevola, half -flower, beach naupaka C, S taccada var. sericea, S. frutescens) Schefflera actinophylla schefflera, C, S (= Brassaia actinophylla) Queensland umbrella tree Schinus terebinthifolius Brazilian pepper P, N N, C, S Senna pendula climbing cassia, Christmas cassia, C, S (= Cassia coluteoides) Christmas senna Solanum tampicense wetland night shade, aquatic soda apple N, U C, S (= S. houstonii) Solanum viarum tropical soda apple N, U N, C, S Syngonium podophyllum arrowhead vine CIS Syzygium cumini jambolan, Java plum C, S Tectaria incisa incised halberd fern S Thespesia populnea seaside mahoe C, S Tradescantia fluminensis white -flowered wandering jew N, C Tradescantia spathacea (= Rhoeo oyster plant S spathacea, Rhoeo discolor) Urochloa mutica (= Brachiaria mutica) ParA grass C, S ABBREVIATIONS USED: Government list: Distribution: P=Prohibited by Fla. DEP N= North Florida N=Noxious weed list of Florida Dept. of Agriculture C= Central Florida and Consumer Services S = South Florida U=Noxious weed list of U.S. Dept. of Agriculture PLANT IT SMART Incorporating non-invasive plants and Xeriscape principles into your landscape is easy and doesn't require a large investment. By following these recommendations, you can soon turn your yard into a thriving, waterwise landscape. But, most importantly, you can help protect our environment today—and for generations to come—by conserving our most valuable resource, water, and using plants that encourage rather than threaten natural Florida. On the following pages, you'll find lists, photos and descriptions of dozens of indigenous trees, shrubs, groundcovers including flowers and grasses, and vines 17 that can be used in your waterwise Florida landscape. Please do not plant non -indigenous, invasive plants such as Australian pine, melaleuca or water hyacinth. When non -indigenous and invasive plants escape they become biological invaders wreaking havoc on the environment. The environmental and economic harm caused by exotics is staggering, especially in South Florida where our tropical environment encourages plants to quickly disperse into new areas. As a result, our natural areas suffer from encroaching invasive plants that not only drive out native plants and animals, but can also affect water flow in the Everglades and the regional canal system. BEFORE YOU MG ... CHECK YOUR TEMP Before beginning any waterwise landscape, one of the most important considerations in determining what plants you can grow in your yard or garden is whether or not they will survive the climate and temperature in your area. Plant hardiness zones are a general guide to help ,you know which plants will grow where you live because plants can vary in the temperature extremes they can endure. The U.S. Department of Agriculture Plant Hardiness Zone Map is the standard measure of plant hardiness throughout the United States. In South Florida, there are seven delineations between temperature zones ranging from 9a (20 to 25° F) to 11 (40° F and up). Keep in mind that plant hardiness zones are only a general guide. Other conditions influence whether a plant will survive in your garden or yard. You must also consider soil types, rainfall, daytime temperatures, day length, wind, humidity and heat. Within your own yard, block and county, there are microclimates that affect how plants grow. One part of your yard may be hotter, colder, wetter, drier, shadier or sunnier; therefore, certain plants may do better in one spot than another. Starting on page 18, you will find easy -to -read plant lists that will help you determine what plants will thrive in your yard or garden. The lists include the Florida temperature hardiness zone range, watering needs, salt tolerance, light range, plant type, size, growth rate and helpful comments from plant experts. South Florida landscapes are more than just queen palm trees and impatiens. You can select from dozens of beautiful waterwise trees, shrubs, flowers, vines, and groundcover suitable for South Florida. Get creative and enjoy your waterwise landscape! Plant Hardiness Zones for Florida Zone Fahrenheit* 8a 100 to 15° 8b 15° to 20° 9a 20° to 25° 9b 25° to 30° 10a 30° to 35° 10b 351 to 401 11 Above 40° Temperature listed is the average low range for the region Source: Florida Gardener. com Boundary of the South Florida Water Management District By its status as a Charter Member of the National Xeriscape Council, Inc., the South Florida Water Management District has full permission to use the term Xeriscape and its fundamental principles for the purpose of educating the people of Florida about the concepts of Xeriscape landscaping. November 1987 Requested City Commission Meeting Dates ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 VI. -CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ NATURE OF ❑ Administrative ❑ AGENDA ITEM ® Consent Agenda ❑ ❑ Code Compliance & Legal Settlements ❑ ❑ Public Hearing ❑ February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Authorize the use of $700.00 from Commissioner Ross's Community Investment Fund to assist a student at Galaxy Elementary School to attend the Safety Patrol Trip to Washington, D.C. EXPLANATION: Commission approval is requested for allocation of $700.00 to assist a student at Galaxy Elementary with expenses required to attend the Safety Patrol Trip to Washington, D.C. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use Depa Int Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager City Attorney / Finance From: Welsh, Pam Sent: Wed 1/7/2009 3:16 PM To: Ross, Marlene Subject: FW: Galaxy Elementary Funding Amounts Commissioner, Below please find the amounts Ms. Dixon is looking for some of the events for Galaxy PTO. I've attached a copy of your summary of Community Investment Funds spent to date. You have $10,000 for the year to spend. Please let me know if you would like to donate funds. We can prepare forms and place on next Commission agenda. Pam Welsh Administrative Assistant City Manager's Office 561-742-6013 email: welshp@bbfl.us -----Original Message ----- From: Latoya Dixon[mailto:dixonl(c�palmbeach.kI2.fl.us] Sent: Wednesday, January 07, 2009 2:41 PM To: Welsh, Pam Subject: Galaxy Elementary Funding Amounts Hi Ms. Welsh, Thank you so much for inquiring about how to support Galaxy Elementary School. Below I have listed funding amounts for some of our upcoming programs and events. Safety Patrol Trip- fee for one student to participate who happens to be in foster care (remaining balance due ) $700 Honor Roll Program - Supplies and Breakfast items - $100.00 Winter Pancake Breakfast- $200.00 FCAT Tutorial Snacks- $200.00 FCAT Incentives and Prizes- $200.00 Thanks, LaToya Dixon Galaxy Elemenary School ----------------------------------------- Under Florida law, e-mail addresses are public records. if you do not want your e-mail address released in response to a nublir rernrric request, do not r-- - send electronic mail to this entity. Instead, contact this office by phone or in writing. VI. -CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F AGENDA ITEM REQUEST FORNIL Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) Requested City Commission Meeting Dates ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ® Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing Date Final Form Must be Turned in to City Clerk's Office February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ❑ New Business ❑ Legal ❑ Unfinished Business RECOMMENDATION: With respect to the Library construction project, staff recommends the following Commission action: 1. Ratify the reduction in retainer to I% 2. Ratify the most recent payment to the contractor, and 3. Authorize staff to begin negotiations for final contract closeout. EXPLANATION: Work progress on the Library is such that approximately 10 working days remain until substantial completion of the Library structure is realized and a temporary occupancy permit can be issued. Last minute touches on carpeting, paint and ceiling tile are now being completed. We are receiving furniture and plans are underway to begin the staff transition into the renovated area and City staff is proceeding with a revised landscape design. Sessoms Construction has advised the City of their belief that they are owed nearly $1.4M in additional compensation to account for general condition items such as lost overhead and profit. Their position is that a number of design errors and omissions have caused the delay in the project and they further opine that they are entitled to compensation for this delay. The City has placed the architect on notice. Sessoms maintains this position despite the fact that the contract specifically does not provide for additional compensation related to delay. Sessoms construction is not disputing any payment for actual work performed at this time. The City has been diligent in its contract change order process and we have kept pace with the work. In order to ensure that work continues, we have had to revise our payment methodology. We have reduced the project retainer to 1 % of the project cost and we have also not yet taken the credits owed to the City by the contractor. To be very clear though, the City has paid the contractor for work performed. The alternative to this approach would have been to not pay Sessoms the reduced retainer and in that scenario there was a very real possibility that Sessoms would have chosen to pursue immediate litigation thereby halting all work activity on the site. The goal is get the public into, and using, the full Library facility. Upon achieving substantial completion of the work, we can then proceed to final contract closeout. S:\BULLETRffORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A critical component of contract closeout will be negotiations with the contractor and architect. These negotiations will address the contractor's claim regarding lost overhead and profit related to delay. We will also identify the degree of delay associated with design errors and omissions and we will also address delays that staff believes may be attributed to the contractor's performance that could result in payment of liquidated damages to the City. Because the City is the owner of the work, we had no control of the contractor's progress nor could we control the architect's work. It is desirable to have City Commission ratification of a number of staff actions. Staff recommends the following Commission action to be done without prejudice and with a full reservation of any and all rights: 1. Ratify the reduction in retainer to 1 % 2. Ratify the most recent payment to the contractor, and 3. Authorize staff to begin negotiations for final contract closeout. PROGRAM IMPACT: Ratification of staff actions will enable to the Library project to move more quickly towards substantial completion. FISCAL IMPACT: Library project remains within current authorized budget. ALTERNATIVES: NA , YL; pa enta ' Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager City Attorney / Finance APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 (Inswacdom ou reveaseside) PAGEONE OF 8 PAGES TO OWNER: PROJECT: APPLICATION NO.: 45 (Ret Rad_) Distribution to : rn CITY OF BOY14TON BEACH BOYNTON BEACH CITY UBRARY PERIOD TO: 11/3912008 1-1 ❑ 019NBR P.O. Box 310 206 South Seacrest SOule Yard PROJBCT MOS.: 017 2510-(WCJD ❑ ARCSPIBCT Lin Boynton Beach, FL 33426.0310 Boynton Beach, FL 33+435 ARGHT. PROD #: ❑ CO3ti}TItACrOR N C3 m FROM CONTRACTOR: VIA ARCBn1=.- CONTRACr DATH: 0W1104 ❑ � SES5OMS CONSTRUCTION CO.. INC. SCHENKELSCHULTZ ARCHITECTURE N 14256 South 3DAvenue 1300 Nodh Congress Avenue Hollywcod, FL 33020.6636 West Palrn Beach, FL 33409 w CONTRACT FOR: ExpaasionAcmadel of the Library 'The un&nknned Contractor cerdfies that ro the tan of dke Contrwwxt s imawledge, information and belief the Work m CONTRACTOR'S APPLICATION FOR PAYMENT tam erm na Qwemd by the Application for Payment has beer, oompteoed i, aaranoe rtdwith *e Contract nurnr, that all �. have been paid by the Contcar for Wolk for�p App3ira6on is made for paymerk as shown below, in conaeakm widen the Contract. - whkh previous Ceritficeoa for Payment were istated sad payments rt u ived from the owner, m Conlintutfioa Sbeet, AIA Docament G103, is attached. and that cnrmt paymeeat shown besein is now dm co m, L ORIGINAL CONTRACT SUNT .......................... $ 5.727.485.00 2. Net change by Change Orders....................... E 1.455.945.69 Cor>> est'SOMS CONSTRUCTION CO.. iNC. 3. CONTRACT SUM TO DATE (Line 1 +2) ............... 3 7,183,430.69 gy January 12, 2009 4. TOTAL COMPLETED & STORED TO DATE ....... , ...... $ 67995-73B.25 Sam 0E. FId3RTDA (Cohrmn G on G703) 0"M of BROWARD 5. RETAINAGE: Subsuibed end,wilt ttt before I. W of Relied Contact - 39,498.13 S 60459.23 tot: this 12 day of Janaay, 2009, +•y pwy MICFIELE D. BURNS •Flip 'Zr� Notary Public - Slate of Ftaida b. 03 of Stared Mame W $ 0.00 s n E*kw Jut Y0, 2010 0 (Colum F on 0703} Notary Public s Coo n 9 DD 543m1A z Tun} Reftimp (Line 5a + 5b or My commie n cxP - '.fm Bonded 13y Na&NW Notary Aso. � Ttnal in Cbltttmt T of G703) . . ......................... $ 60.459.23 6. TOTAL EARNED LESS RIE AINAGE .................... S 6,936,279.02 (lane 4 kis Line 5 Tbul) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 fmnm prior Cetalimte) .......................... $ 6.755.3611.25 Il. CURRENT PAYMENT DUE ......................... 5 139,914.77 9. BALANCE TO FINISH, INCLUDING RETAINAGE (IiAe 3 has Line a) $ 248,151.67 CHANGE ORDER SUAWMY 3ot11i tnarkga apprcrai at previous mmt&s by Owner (#1-26) ADDMONS 1 905 20 .21 DBDUCrIONS 463.140j2 Total gvwyw this Month: 0027-029) 13,884.00 0.00 TOTALS 1,919,086.21 463,140.52 Nw Cu m`IGm by amp older 1,455,945.69 AIA t1=MEAT GM ARCHITECT'S CERTIFICATE FOR PAYMENT In "wrdsace with the Cowart Docu menu, bared on on-site observstlotu and the data campriaing this app"m% the Arcf&m certifies to the Owner that m the beat of due Architects k nowte4m infwma&xn and belief the Woik bas progressed as indicawd, the graalhy of the Walk is in a000rdance with she Crontrm Doawwntt, and the Contactor is added to psyment of the AMOUNT CSRTIFOD. AMOUNT CERTIFIED ............................. (Acwch esplantatioa if amoanr cer:ded diem Com the imaunt app&d fiat Lured of Sgtrrrs• on dw Appkadon and on rhe Cbndxwd6n Shat rhat are changed m andbrm to she ernuunr cerdfed) ARcHman S IICELSHULTZ ARCHITECTURE d� By: Date o 1 ' I4 • a f This certificate is able The AMOUNT CERTTETSD is payable only to die Conuacwr named berm. aynoertt and aeoeptancr of payment ase without prejudice to any tights of the Owrxr or COaaactor tondo aa. 0742-1992 03 M D 0 T n H r- -0 1> M CQ CD N APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 0702 (Instructions on revetse side) PAGE ONE OF 8 PAGES TO OWNER: pROJE r- APPLICATION NO-- 45 (Ref. Red.) D i s t r i b u t i o n t o CITY OF BOYNTON BEACH BOYNT014 BEACH CITY 'LIBRARY PERIOD TO: 11130/2406 ❑ OyJN£R P.O. Box 310 208 South Seacrest Boulevard PROJECT NOS.: 417 2610-04iCJD ❑ ARCIiITECT Boynton Beach, FL 33425-0310 Boynton Beach, FL 33435 ARCHT. PROJ ❑ COATI•RACCOR FROaS CONTRACPOR: VIA ARCHITECT: CONTRACT DATB: 09121104 0 SESSOMS CONSTRUCTION GO., INC. SCHENKELSCHULTZARCHITECTURE 14258 South 30 Avenue 1300 North Congress Avenue Hollywood, FL 330205536 West Palm Beach, FL 33409 OONTRAGT FOR. Expansion f emckdel of the Library CONTRACTOR'S APPLICATION FOR PAYMENT Apphca ion is made for payment, as sbown below, in connection with the Oonoam Continuation Sheet, AIA Docment G703, is ettadted. 1. ORIGINAL CONTRACT SUM .......................... $ 5,727.485.00 2, Net change 5y Change Orders ....................... $ 1.455.945.69 3. CONTRACT SUM TO DATE (Line 1 + 2) ..... , ........ , $ 7,183, 430.69 4. TOTAL COMPLETED & STORED TO DATE ...... . ....... $ 6.995.738.25 (CD umo G on G703) 5. RETAINAGE: a. 03 of Revised Contract - $9,496.15 $ 60.459.23 b. 03 of Stand Materia] $ 0.00 (Grhuna £ on G703) Total Retainage (Lane 5a i 5b or Tamil in Cokm I of G703) ........................... S 60.459.23 6. TOTAL EARNED LESS RETAWAGE .................. . . $ 6,935,279.02 (fine 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Ucie 6 from prior Certificate) ..... . .................... $ 6.795.364.25 & CURRENT PAYMENT DUE ......................... { ` 139,914.77 9, BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3les5 Line 6) 5 248,151.67 CHANGE ORDER SUMMARY Tore! changes approved in previous morphs by Owner (#1-26) ADDITIONS 1,905,202.21 DEDUCTIONS 463140.52 Total approved this Alotth: #027-029) 13,884.00 0.00 TOTALS 1,919,056.21 463,140.52 rrEr CHANGE! by t arse Ordex 1,455, 945.69 The undersigned Contractor certefm that to the best of the Gontractoes im3wiedge, vibmtadon and belief etre Wmk cowered by this AppGcatian fx Payment has been completed in aoeoe+dance with the Cone= Duanerns, that all amounts have been paid by the Contractar for Work for which pre im Cetffieates for Payment %*re issued and payrnents rapeiwed from the avm:r, and that autent payment shown herein is now due, c07dTaACTOR: SESSOMS CONSTRUCTION CO., INC. By. Score of. FLORIDA County of BROWARD Subscribed end swum m before me this 12 day of January, 21309. Notuy Pub1i— My Coamnession expires: January 12, 2009 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, base] on on-site observations and the data oernprisurg this apphcanon, dee Architect certifies to the Owner that to the beat of the Architects knnwledge, irtf=nation and betief the Wock his progressed as indiatacl, the quality of the Work is in accardan:e uich du Cmirea Documents, and the Contrwtoa is eadded to pnment of the AMOUIIT CERTIFIED. AMOUNT CERTIFIED ............................. $ {Anacin ergefsnraoan if amount cwdW dd&s fimm she all figures on osis Appliataion and on the Cond wadon confarm to she amoum cerd6Bd.) A.Rcarman. SCHENKELSHULTZ ARCHITECTURE amount app&d for. Initial Sheer that we changed to Dr- Dees: This Catificate is not negotiable. The AMOLWr CERTIFIED is payable only to rite Cmtraetar named herecin. Issuance, payment and aomepcenee of payment ate without prejudice to any rights of the Owaw or Gantnctoa Under this C,oattram Ath DOCUMENT Gn2 G702-1992 rr1 W CD 3 I co Ln L/) 0 S to C] 0 -t C n rt N� 0 n ca est .C� w rn C17) 00 CONTINUATION SHEET AIA DOCUMENT 0703 #379 - Boynton Beath City ubmry PAGE 2 OF 8 PAGES ALA Document G742, APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION N0.• 45 (Reffilnege Reduction) conu&iag Contractor's sipped Cwtiflcatiom, is atgchei APPLICATION DATE: 01/12109 In tabi(albas b^.low•, amounts am stated to fhe nearest dollar. PERIOD TO- 11130108 Use Cokmm l on Contracts wb= variable retainage for lm ikons may appy. ARCHITECT'S PROJECT NO.: A B C D E F G H I WORK COMPLETED MATERIALS TOTAL. BALANCE RETAINAGE FROM PREVIOUS APPLICATION THIS PERIOD NO. INO. DESCRIPTTONOFWOIiK SCHEDULED PRESENTLY STORED COMPLETED AND STORED % (G _ C 7i0 aVARI:ABLE RATE} VALUE (D+E) (NOT IND ORE) TODATE ) FTNISH (C•G) )(D+E+F 1 GENERAL CONDITIONS: 60,000.00 60,000.00 0.00 0.00 60,000.00 100 0.00 600.00 2 MOBILIZATION 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 3 BOND 86,000.00 86,000.00 0.00 0.00 86,000.00 100 0.00 660.00 4 BUILDERS RISK 1 GENERAL LIABILITY 93,000.00 93,000.00 0.00 0.00 93,000.00 100 0.00 930.00 5 PERMITS 127,277.00 127,277.00 0.00 0.00 127,277.00 100 0.00 1,272.77 6 CLEAR, GRUB, EXCAVATE 48,000.00 48,000.00 0.00 0.00 48,000.00 100 0.00 480.00 7 BUILDING PAD 28,000.00 28,000.00 0.00 0.00 28,000.00 100 0.00 280.00 8 FINE GRADING 9,900.00 9,900.00 0.00 0.00 9,900.00 100 0.00 99.00 9 DEMOLITION 43,000.00 43,000.00 0.00 0.00 43,000.00 100 0.00 430.00 10 WATERSYSTEM 29,000.00 29,000.00 0.00 0.00 29,000.00 100 0.00 290.00 11 SEWER SYSTEM 9,400.00 9,400.00 0.00 0.00 9,400.00 100 0.00 94.00 12 STORM DRAINAGE 57,000.00 57,000.00 0.00 0.00 57,000.00 100 0.00 570.00 13 STA13LIZED SUBGRADE 3,500.00 3,500.00 0.00 0.00 3,500.00 100 0.00 35.00 14 LIMEROCK BASE 47,000.00 47,000.00 0.00 0.00 47,000.00 100 0.00 470.00 15 1'/s" ASPHALT 43,000.00 41,000.00 0.00 0.00 41,000.00 95 2,000.00 410.00 16 CURBING 10,700.00 10,700.00 0.00 0.00 10,700.00 100 0.00 107.00 17 STRIPING & SIGNAGE 6,500.00 5,100.00 0.00 0.00 5,100.00 78 1,400.00 51.00 18 LANDSCAPING 57,873.00 5,618.00 0.00 0.00 5,618.00 10 52,255.00 56.18 19 IRRIGATION 48,780.00 17,385.00 0.00 0.00 17,385.00 36 31,395.00 173.85 20 STRUCTURAL CONCRETE 941,253.00 941,253.00 0.00 0.00 941,253.00 100 0.00 9,412.53 21 STRUCTURAL PRECAST CONCRETE 263,900.00 263,900.00 0.00 0.00 263,900.00 100 0.00 2,639.00 22 MASONRY & FILLED CELLS 213,000.00 213,000.00 0.00 0.00 213,000.00 99 0.00 2,130.00 23 STRUCTURAL & MISC. METALS 230,000.00 230,000.00 0.00 0.00 230,000.00 100 0.00 2,300.00 24 EXPANSION JOINT ODVER,FLOOR VATS. VIALLGUARD 1,791.00 Q.00 0.00 0.00 0,00 0 1,791.00 0.00 25 ROUGH CARPENTRY 24,000.00 24,000.00 0.00 0.00 24,000.00 100 0.00 240.00 26 CABINETS 202,079.00 116,471.00 0.00 0.00 116,471.00 58 85,608.00 1,164.71 27 SHEET MEMBRANE WATERPROOFIN 1,945.00 1,945.00 0.00 0.00 1,945.00 100 0.00 19.45 28 FOAMED -IN-PLACE INSULATION 4,177.00 4,177.00 0.00 0.00 4,177.00 100 0.00 41.77 29 ROOFING 341,370.00 339,370.00 0.00 0.00 339,370.00 99 2,000.00 3,393.70 30 HOLLOW METAL DOORS & FRAMES, HARDWARE 111,597.00 104,597.00 0.40 0.00 104,597.00 94 7,000.00 1,045.97 31 COILING COUNTER SH UTE RS 20,955.00 5,239.00 0.00 0.00 5,239.00 25 15,716.00 52.39 SUB TOTALS 3,163,997.00 2,964,832.00 0.00 0.00 2,964,632.00 199,165.00 29,648.32 CD I 3 to to 0 to n 0 0 r r+ �t Sr C-) r -r 0 n t0 c -n CIO tT rn co cD '-3 I --a m CS -11 CONTINUATION SHEET AIA DOCUMENT 6703 B379 - Boyaton Beach 01ty Library PAGE 3 O 8 PAGES AIA Dw=entG702APPLICATION AND CERTIMCATEPURPAYMENT, APPLICAT70NNO.: 45 (RetainneRedudion) oaotamimg Comtractads sigmel Certif"=om, is attachzd APPLICATION DAZE: 01112!09 In tabulations below, amolmtaaresutel to theaearrstdollar. PERIOD TO: 11130J08 Um Cotumm I on Contacts whem wzMta retainap For line hems may appiy. ARCMTECTS PROIDCY NO.: A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE FROMPREVIOUS APPLICATION THIS PERIOD d DESCRIPTION OP WORK SCV� D PRESENTLY STORED COMPLETED AND STORED % TO FINISH (C (IFVARlABLE RATE) NO, (L7 + E) (NOTIN D *TO DAPS . (D +E+Fl {G - C) _ G) 32 SECURITY WINDOWS 3,000.00 0.00 0.00 0.00 0.00 0 3,000.00 0.00 33 GLASS & GLAZING 180, 984.00 174,138.00 0.00 0.00 174,136.00 96 6, 846.00 1,741.38 34 LATH, PLASTER, STUCCO 118,500.00 97,775.00 0.00 0.00 97,775.00 83 20,725.00 977.75 35 DRYWALL 262,000.00 245,710.00 0.00 0.00 245,710.00 94 16,290.00 2,457.10 36 TILE 34,014.00 29,804.00 0.00 0.00 29,804.00 88 4,210.00 298.04 37 ACOUSTICAL 99,371.00 57,371.00 0.00 0.00 57,371.00 58 42,000.00 573.71 38 RESILIENT FLOORING 18,813.00 13,813.00 0.00 0.00 13,813.00 73 5,000.00 138.13 39 CARPET 144,680.00 124,680.00 0.00 0.00 124,680.00 86 20,000.00 1,246.80 40 PAINTING 58,800.00 33,760.00 0.00 0.00 33,760.00 57 25,040.00 337.60 41 VISUAL DISPLAY BOARDS 1,500.00 1,500.00 0.00 0.00 1,500.00 100 0.00 15.00 42 TOILET PARTITIONS 10,216.00 9,200.00 0.00 0.00 9,200.00 90 1,016.00 92.00 43 FLAGPOLES 1,060.00 1,060.00 0.00 0.00 1,060.00 100 0.00 10.60 44 SIGNAGE 14,828.00 12, 828.00 0.00 0.00 12, 828.00 87 2,000.00 128.28 45 FIRE EXTINGUISHERS 3,164.00 3,164.00 0.00 0.00 3,164.00 100 0.00 31.64 46 TOILET ACCESSORIES 9,182.00 9,162.00 0.00 0.00 9,182.00 100 0.00 91.82 47 POSTER HOLDER & BANNER POLE KI 1 3,000.00 0.00 0.00 0.00 0.00 0 3,000.00 0,00 48 OPERABLE PARTITIONS 5,000.00 2,780.00 0.00 0.00 2,780.00 56 2,220.00 27.80 49 RIVET -SPAN SHELVING & GLASS 20,000.00 15,000.00 0.00 0.00 15,000.00 75 5,000.00 150.00 50 MEDIA CENTER EQUIPMENT 34,913.00 0.00 0.00 0.00 0.00 0 34,913.00 0.00 51 RESIDENTIAL EQUIPMENT 3,282.00 3,282.00 0.00 0.00 3,282.00 100 0.00 32.82 52 DISPLAY CASES 25,900.00 20,900.00 0.00 0.00 20,900.00 81 5,000.00 209.00 53 WINDOW TREATMENT 2,915.00 1,500.00 0.00 0.00 1,500.00 51 1,415.00 15.00 54 ELEVATOR 39,378.00 39,378.00 0.00 0.00 39,378.00 100 0.00 393.78 55 PLUMBING 110,718.00 100,947.00 0.00 0.00 100,947.00 91 9,771.00 1,009.47 56 HVAC 592,365.00 554,260.00 0.00 0.00 554,260.00 94 38,105.00 5,542.60 57 FIRE PROTECTION 109,020.00 103,520.00 0.00 0.00 103,520.00 95 5,500.00 1,035.20 56 ELECTRICAL 656,885.00 600,339.00 0.00 0.00 600,339.00 91 56,546.00 6,003.39 59 Change Orders: 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 60 01 - WWI General Conditions & Bldrs Risk •` 189,963.00 189,963.00 0.00 0.00 189,963.00 100 0.00 1,899.63 61 02 - power to Civic Center below ground 85,615.00 85,615.00 0.00 0.00 85,615.00 100 0.00 856.15 62 03 -Structural prestressed cost escalation 171,902.00 171,902.00 0.00 O.OD 171,902.00 100 0.00 1,719.02 SUB TOTALS 6,174,965.00 5,668,203.00 0.00 0.00 5,668,203.00 506,762.00 56,682.03 " Ov igo order plus Retainage CD I u� Cr, [n 0 to n 0 0 --s s✓ n r+ N• 0 n cn .n w m m 00 cn 0 CD GD tv I N CONTINUATION SHEET AIA DOCLMENT G703 #379 - Boynton Beate City Library PAGE 4 OF 8 PACES AIA Document GM, APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO: 45 (RetalnagBReduction) ccauadigCGamme6tipedCwti cwfi ,i6attaahed, APP11CATIONDATE: 01112)09 In tabalataos balow, amouo65 an stated to the reamst dollar. PERIOD TO: 11/30108 Use Column I on Contacts -A&re variable retxmage for line items may apply. ARC)UTECTs PROJECT NO.. A B C D 6 F G H I WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE FROMPREVIOUS APLICATION THIS PERIOD ITEM DESCRIPTION OF WORK SCHEDULED PRESENTLY MRED COMPLETED AND STORED % TO FINISH (C (IF VARIABLE RATE) VALVE (D + E) (NOTIN D TO DATE (D + +F1 (G - C) - O) 83 04 - cost escalations: structural steel 146,596.00 148,596.00 0.00 0.00 148,596.00 100 0.00 1,485.96 64 electrical 21,077.00 21,077.00 0.00 0.00 21,077.00 100 0.00 210.77 65 structure complete 100,854.00 100,854.00 0.00 0.00 100,854.00 100 0.00 1,008.54 66 coiling shutter 2,959.00 740.00 0.00 0.00 740.00 25 2,219.00 7.40 67 signage 713.00 477.00 0.00 0.00 477.00 67 236.00 4.77 68 plumbing ( 1, 929.00) 0.00 0.00 0.00 0.00 0 (1,929.00) 0.00 69 HVAC 76, 789.00 71,408.00 0.00 0.00 71,408.00 93 5,381.00 714.08 70 fire protection 4,760.00 4,760.00 0.00 0.00 4,760.00 100 0.00 47.60 71 add'I General Conditions 99,990.00 99,990.00 0.00 0.00 99,990.00 100 0.00 999.90 72 underground utilities 8,519.00 8,519.00 0.013 0.00 8,519.00 100 0.00 65.19 73 05 - a) underground plan revisions 4,509.00 4,509.00 0.00 0.00 4,509.00 100 0.00 45.09 74 b) caulldnglwaterprooflng cost escalate 207.00 207.00 0.00 0.00 207.00 100 0.00 2.07 75 1 drywalllstucco cost escalation 127,964.00 120,286.00 0.00 0.00 120,286.00 94 7,678.00 1,202.86 76 d) glasslglazing cost escalation 49,844.00 49,844.00 0.00 0.00 49,844.00 100 0.00 498.44 77 e) PR #3 hvac plan revisions 16,895.00 16,895.00 0.00 0.00 16,895.00 100 0.00 168.95 76 0 add'11 survey 325.00 325.00 0.00 0.00 325.00 100 0.00 3.25 79 g) survey restake for BellSouth lines 1,082.00 1,082.00 0.00 0.00 1,082.00 100 0.00 10.82 80 h) survey as -built for BelSouth lines 1,082.00 1,082.00 0.00 0.00 1,082.00 100 0.00 10.82 81 ? temporary entry demolition 31,301.00 31,301.00 0.00 0.00 31,301.00 100 0.00 313.01 82 ) flooring cast escalation 10,695.00 9,195.00 0.00 0.00 9,195.00 86 1,500.00 91.95 83 10 exp. jt. cover cost escalation 266.00 0.00 0.00 0.00 0.00 0 286.00 0.00 84 D add lightweight 1 roof cost escalation 87,778.00 87,778.00 0.00 0.00 87,778.00 100 0.00 877.78 85 m) acoustical cost escalation 21,439.00 13,302.00 0.00 0.00 13,302.00 62 8,137.00 133.02 86 n) paint cost escalation 32,027.00 18,255.00 0.00 0.00 18,255.00 57 13,772.00 182.55 B7 0) display cases cost escalation 4,120.00 3,337.00 0.00 0.00 3,337.00 81 783.00 33.37 88 p) toilet parkioncost escalation 1,472.00 1,472.00 0.00 0.00 1,472.00 100 0.00 14.72 89 q} storage shelving cost escalation 3,162.00 3,182.00 0.00 0.00 3,182.00 100 0.00 31.82 90 0 media center equip. cost escalation 2,524.00 0.00 0.00 0.00 0.00 0 2,524.00 0.00 91 s) appliance cost escalation 522.00 522.00 0.00 0.00 522.00 100 0.00 5.22 92 Q window treatment cost escalation 614.00 300.00 0.00 (1.00 300.00 49 314.00 3.00 93 u) sifework cost escalation 1 20,984.110 20,964.00 0.00 0.00 20,984.00 100 11.00 209.84 SUB TOTALS 7,056,145.00 6,508,482.00 0.00 0.00 6,508,482.00 547,663.00 65,084.62 0 3 I co 0 S 6n C) 0 n to r+ 0 C-) r+ N� 0 n cn cn w rn m w cn I rn m CONTINUATION SHEET AIA ]DOCUMENT G703 #379-BaynlonSeechCVLibrary PAGE 5 OF 8 PAGES AIA Do -i meta G702, APPLICATION AND CERnF1CATE FOR PAYMENT, APPLICATION NO.: 45 ( Retainage Redue5or L) cumtammg Coatacbaes signed peon, is attached. APPLICATION DATE: cin 2109 Ia tabulations below, amoum are steed to the nearest dollar. PERIOD TO: 11/30MB Use Colamn I on Compacts x4err varuble retainge for line items may apply. ARCHITECT'S PROJECT NO.: A B C D E P G H 1 WORX COMPLETED MATERIALS TOTAL BALANCE RETAINAGE FROM PREYIOVS APPLICATION THIS PERIOD ITEM DESCRIPTION OF WORK SCHEDULED PRESENTLY STORED COMPLETED AND STORED % TO FINISH (C (IF VARIABLE RATE) NO. VALUE (+ E) (NOTIN D TO DATE (D + + (G - C) -0) 94 v) irrigation cost escatatio n 6,199.00 0.00 0.00 0.00 0-00 0 6,199.00 0.00 95 N� landscaping cost escalation 4,949.00 0.00 0.00 0.00 0.00 0 4,949.00 0.00 96 x) chalk/tackboand cost escalation 239.00 239.00 0.00 0.00 239.00 100 0.00 2.39 97 0 flag pole cost escalation 96.00 96.00 0.00 0.00 96.00 100 0.00 0.96 98 z) elevator cost escalation 1,325.00 1,325-00 0.00 0.00 1,325.00 10D 0.00 13.25 99 aa) operable partifion cost escalation 795.00 0.00 0.00 0.00 0.00 0 795.00 0.00 100 bb) floor mat cost escalation 764.00 0.00 0.00 0.00 0.00 D 764.00 0.00 101 co dood"me cost escalation 8,298.00 8,298.00 0.00 0.00 8,298.00 100 0.00 82.98 102 06 - W fire resistive cementious spray 8,947.00 8,947.00 0.00 0.00 8,947.00 100 0.00 89-47 103 8) Rexel Consolidated owner p.o. ( 29,798.70) 0.00 0.00 0.00 0.00 0 ( 29,798.70) 0.00 104 C7 Electrical Supplies owner p.o. (195,960.00) 0.00 0.00 0.00 0.0D 0 ( 195,960.00) 0.00 105 D) YKK owner p.o. ( 45,629.82) 0.00 0.00 0.00 0.00 0 ( 45,629.82) 0.00 106 E) plan reproduction 305.00 305.00 0.00 0.00 305.00 100 0.00 3.05 107 F) elevator dimensions 3,786.00 3,786.00 0.00 0.00 3,786.00 100 0.00 37.86 108 Q stain woad doors 5,831.00 5,831.00 0.00 0.00 5,831.00 100 0.00 58.31 109 H} Spyder double tie backs ( 1,600.00) 0.00 0.00 0.00 0.00 0 { 1,600.0(Y) 0.00 110 0 Trane owner p.o. (100,560.00) 0.00 0.00 0.00 0.00 0 (100,560.00 0.00 111 ,)) ships ladder 5,709.00 5,709,00 0.00 0.00 5,709.00 100 0.00 57.09 112 p credit for security gates ( 30,492.00) 0.00 0.00 0.00 D.00 0 ( 30,492.00) 0.00 113 L) towel dispensers 867.00 867.00 0.00 0.00 867.00 100 0.00 8.67 114 ND self closing taps 923.00 600.00 0.00 0.00 600.00 65 323.00 6.00 115 M add'I conduit for data 13,750.00 13,750.00 0.00 0.00 13,750.00 100 0.00 137.50 196 Q credit permit fees ( 32,215.00) 0.00 0.00 0.00 0.00 0 ( 32,215.00) 0.00 117 07-A) Bldrs Risk Ins to 01/21/07 8,890.00 8,690.00 0.00 0.00 8,690.00 100 0.00 86.90 118 B) downspout nozzle 971.00 971.00 0.00 0.00 971.00 100 0.00 9.71 119 C) add'I tv outlets in lobby 1,647.00 1,647.00 0.00 0.00 1,647.00 100 0.00 16.47 120 D) add waterless urinals 2,388.00 2,388.00 0.00 0.00 2,388.00 100 0.00 23.88 121 Q trouble alarm for HVAC 5,161.00 5,161.00 0.00 0.00 5,161.00 100 0.00 51.61 122 F) raise drainage pdpe due to FPL conflict 936.00 936.00 0.00 0.00 936.00 100 0.00 9.36 123 G) delete canopy & d rive thru ( 32,413.00) 0.00 0.00 0.00 0.00 0 (32.413.00) 0.00 124 06 - A) change beam from 8" to 16" 717.43 717.43 0.00 0.00 717.43 100 0.00 7.17 SUB TOTALS 6,670,769.91 6,578,745.43 0.00 0.00 6,578,745.43 92,024.48 65,787.45 CD i Ln CD to Ln 0 B to c� 0 r+ �s Sr C-1 r+ N� 0 tj t.D Cn w rn M 00 W i rn b m GD M ED N T m CONTINUATION SHEET AIA DOCUMENT G703 4379 - Baynton Beech City Library PAGE 6 O a PAGES AIA Do:urnmt M02, APPLICATION AND CERTIFICATE FOR PA17,[ENT, 000taining CoutradcA sited Ceaifica[ioa, is auacbed. In tabulations below, araouats am stated to the otarest dollar. Un Column I oo Contracu where variable retainage for line ib ms nny apply. APPLICATION NO.: 45 (Retainaga Reducdorl APPL1CATtON DATE: 01112MS PERIOD TO: 11 MaW ARCHPIECT'S PROTECT NO.: A B C D £ F G H I WORK COMPLETED MATERIALS SAL BAIANCE RETAINAGE FROM PREVIOUS APPLICATION T198 PERIOD N`k DESCRIPTION OR WORK SCHD� D PRESENTLY STORED OOMPLIITEO AND SCORED % TO FINISH (IP VARIABLE RATE) (D + E) (NOT IN DOR M TO DATE ff)+E+pl (G - C) (C - O) 125 B) oust of asphalt escalation 8,282.00 8,282.00 0.00 0.00 8,282.00 100 0.00 82.82 126 C) add'I steel bracing 24,642.00 24,642.00 0.00 0.013 24,642.00 100 0.00 246-42 127 0) add'I conduit for Cafe 3,806.00 3,806.00 0.00 0.00 3,806.00 100 0.00 38.06 128 Q add'I permit fees to City 732.00 732.00 0.00 0.00 732.00 100 0.00 7.32 129 F) add'I condu its & data outlets 1,391.00 1,391.00 0.00 0.00 1,391.00 100 0.00 13.91 130 Q credit for deletion of gutter & dawnspout (1,815.00) 0.00 0.00 0.00 0.00 0 ( 1,615.00) 0-00 131 M storage under stair #120 6,338.00 6,338.00 0.00 0.00 6,338.00 100 0-00 63.38 132 U credit for data conduit ( 4,281.00) 0.00 0.00 0.00 0.00 0 (4,281.OM 0.00 133 J) add'I 5 telephone backboards 853.00 853.00 0.00 0.00 853.00 100 0.00 8.53 134 09 - Time Extension 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 135 10 - a) Builder's Risk Insurance 46,714.00 46,714.00 0.00 0.00 46,714,00 100 0.00 467.14 136 b) FPL connection fees 404.00 404.00 0.00 0.00 404.00 100 0.00 4.04 137 6, carpet storage fee 848.00 848.00 0.00 0.00 848.00 100 0.00 8.48 138 d) cost escalation - landscaping 5,520.96 0.00 0.00 0.00 0.00 0 5,520.96 0.00 139 11-9) cost escalation - doorslhardware 9,125.00 9,125.00 0.00 0.00 9,125.00 100 0.00 91.25 140 b) cost escalation - acoustical 8,922.00 4,641.00 0.00 0.00 4,641.00 52 4,281.00 46.41 141 12-a) relocate 4 power & data outlets 618.00 618.00 0.00 0.00 618.00 100 0.00 6.18 142 b) submergible irrigation pump 9,347.00 9,347.00 0.00 0.00 9,347.00 100 0-00 93.47 143 c} revise location YAr mtr & backflow 4,968.82 4,968.62 0.00 0.00 4,968.82 100 0.00 49.09 144 d) replace beam w/ smoke detectors 11,667.00 11,667.00 0.00 0.00 11,667.00 100 0.00 116.67 145 e) temp. electric permit fee 159.00 159.00 0.00 0.00 159.00 100 0-00 1.59 146 f) interior signage cost escalation 178.00 178.00 0.00 0.00 178.00 100 0-00 1.78 147 g) exterior signage cosi escalation 1,492.00 500.00 0.00 13.00 500.00 34 992.00 5.013 148 13-* balance backflow preventer 3,930.00 3,930.00 0.00 0.00 3,930.00 100 0.00 39.30 149 b) elevator code changes 336.00 336.00 0.00 0.00 336.00 100 0.00 3.36 150 14 - a) remove 5 GFI reoeptacles 130.00 130.00 0.00 0.00 130.00 100 0.00 1.30 151 b) add themtostat & elev. pit lights 4,991.00 4,991.00 0.00 0.00 4,991.00 100 0.00 49.91 152 c) carpetstorage 774.00 774.00 0.00 0.00 774.00 100 0.00 7,74 153 15 - a) asphalt cost escalation 2,556.00 2,556.00 0.00 0.00 2,556.00 100 0,00 25.56 154 b) Civic Center panting lot revisions 3,557.00 3,557.00 0.00 0.00 3,557,00 100 0.00 35.57 155 asphalt credit Seacrest Blvd. ( 1,665.00) 0.013 1 0.00 0.00 0.00 1 0 ( 1,665.00) 0.00 SUB TOTALS 6,825,290.69 6,730,233-25 0.00 0.00 6,730,233.25 95,057.44 67,302.33 n -L C) 3 I kn tv kn 0 B Ln C-,) 0 n kn s; C-1 r+ N� 0 (A3 UI w 0) M _a cn I rn ATINUATION SHEET AIA DOCUMENT 6703 #378 - BWnbon Beach City Library PACE 7 O 8 PAGES Dammam G702, APPLICATION AND CBRIVICATF FOR PAYMENT, APPLICATION NO.. 45 ( ReWriage Redua" iffiinB Cootraetan sipm oofd tm*a. is attached. APPLICATION DATE: O1/T2100 buladansbelow,amounts ue sorted tothemeatett doW. PERIOD TO: 11130118 Column I on Comua u where variable retainage for Viae items may apply. ARCHITECT'S PROJECT NO.. 0 3 I trt CD Ln W 0 E3 Ln c7 0 to r -r -s sr c� N• 0 n to UI w rn tT co CD I 0) ED -0 CD CD co m tv ~n I N B C D E P G H I WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE FROM PREVIOUS APPLICATION TWS PERIOD DESCRIPTION OF WORK SCHEDULED PRESENTLY STORED COMPLETED AND STORED TO FINISH (C (IF VARIABLE RATE) ). VALUE + (NOTIN D TO DATE (D + + (G C) -G) d) rev. L1 O1 dwg & PR #25 ( 5,5()9.017) 0.00 0.00 0.00 0.00 0 ( 5,509.09] 0.00 16 -1) light pole base 3,611.00 611.00 0.00 0.00 611.00 17 3,000.00 6.11 l 2) credit rolling grille motor ( 750.09] 0,00 0.00 4.D0 0.00 0 ( 750.0111 0.00 1 3) credit water line ( 290.00) 0.00 0.00 0.00 0.00 0 ( 290.09) 0.00 1 17 - alternate roof fastening attachment 31,558.00 31,558.00 0.00 4.00 31,558.00 100 0.00 315.58 18 - mold abatement 13,251.00 13,251.00 0.00 0.00 13,251.00 100 0.00 132.51 19 - elevator re -inspection fee 1,591.00 1,591.00 0.00 0,00 1,591.00 100 0.00 15.91 20 - raised curbing @ expansion joint 7,950.00 7,950.00 0.00 0.00 7,950.()0 100 0.00 79.50 21-1) plumbing costescalation 32,000.00 29,120.00 0.00 0.00 29,120.100 91 2,880.00 291.20 71 electrical cost escalation 39,778.00 17,800.00 0.00 0.00 17,800.00 45 21,978.00 178.00 3) folding door cost escalation 594.00 0.00 0.00 0.00 0.00 0 594.00 4.00 4) fire protection cost escalation 9,284.00 8,727.00 0.00 D.00 8,727.00 94 557.00 87.27 5) fide protection cost escalation 862.00 824.90 0.00 0.00 824.00 96 38.00 8.24 6) drywall cost escalation 140,009.00 74,100.00 0.00 0.00 74,100.00 53 65,900.00 741.90 7) stucco cost escalation 30,009.00 0.00 0.00 0.00 0.00 0 30,000.00 0.00 22 - 1) power to cafe automatic doors 769.00 769.00 0.00 0.00 769.00 100 0.00 7.69 2) add ext. roof access ladder w1 cage 3,749.00 0.00 0.00 0.00 0.00 0 3,749.00 0.00 3) remove existing roof curb 1,309.04 1,309.00 0.00 D.00 1,309.00 100 0.00 13.09 23 - 1) add'I subgrade Civic Ctr. parking 7,849.09 7,849.00 0.00 0.00 7,849.00 140 0.00 78.49 :4 add d r/framelhdwe @ fine riser 1,224.09 1,224.00 0.00 0.00 1,224.00 100 0.100 1224 3) replace broken glass by lawn svc. 924.00 924.09 0.00 0.00 924.00 100 0.00 9.24 4) asphalt cost escalation 1,940.00 1,900.00 0.00 0.00 1,900.00 100 ().DO 19.00 5) roof fastening to str. concrete 8,428.00 8,428.00 0.00 0.00 8,428.00 100 0.00 84.28 6) change parapet from concret to mtl 7,385.00 7,385.00 0.00 0.00 7,385.00 100 0.013 73.85 24 -1) credit on plumbing ( CO #023) ( 1,455.09) 0.00 0.00 0.00 0.00 0 ( 1,455.90) 0.00 2) install owner supplied ftldures 557.00 0.00 0.00 0.00 0.00 0 557.00 0.00 3) rework existing roof drains 6,254.00 6,254.00 0.00 0.00 6,254.00 100 0.00 62.54 4) rebalance air in study rooms 916.00 916.00 0.00 0.00 916.00 100 D.00 9.16 5) add a/c drop Room #231 2,212.00 0.00 0.00 0.40 0.00 0 2,212.00 0.00 6) add reinforcing in concrete trenches 1,280.00 1,280.00 0.00 0.00 1,260.00 100 0.00 12.80 7) replace existing damaged drywall 31,320.00 22,000.00 0.00 0.00 22,000.OD 70 9,320.00 220.00 SUB TOTALS 7,203,841.69 6,976,003.25 0.00 0.00 6,976,003.25 227,838.44 69,760.43 0 3 I trt CD Ln W 0 E3 Ln c7 0 to r -r -s sr c� N• 0 n to UI w rn tT co CD I 0) ED -0 CD CD co m tv ~n I N CONTINUATION SHEET AIA DOCUNU NT G703 #379 - Baynton Beach Cft Library PAGES OF & PAGES AIA Dac=eat 40702, APPLICATION AND CERTIFICATE FOR PAYMENT, oon clog CDnnacds sipcd Certification, G attac& d. Ia tabulations be€aw, amounts we stated to the Dearest dollar. Use Column I on Contraw whore variable retainage for line items may apply. APPLICAT€ONNO.: 45 (ReteinageRsduction} APPLICATION DATE: 01112/09 PERIOD TO: 11 MM8 ARCHITECTS P€COIDCTNO_: A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE RETAfNAGE FROM PREVIOUS PRESENTLY OOl,rPLETED TO (IF VARIABLE 1 O64 DESCRIPTTOA' OR WORK SCHEDULED APPI.ICA71ON MS PERIOD SPORED (NOT D4 AND STORED TO DATE 9f (G • C) FINISH (C - G) RATE) + Is1 fD4E+Fl 187 8) replace damage existing casework 13,736.00 0.00 0.00 0.00 0.00 0 13,736.00 0,00 188 25 - 1) demo cost escalation 12,246.00 12,24$.00 0.00 0.00 12,245.00 100 0.00 122.46 189 2) termite treatment trenches 159.09 159.00 0.00 0.00 159.00 100 0.00 1.59 190 3) remove concrete [edge 2,039.00 2,039.00 0.00 0.00 2,039.00 100 0.00 20.39 191 4) door #156 to 3'0" 821.00 0.00 0.00 0.00 0.00 0 821.00 0.00 192 5) credit on drywalllstuceo increase vs actual ( 68,587.00) 0.00 0.00 0.00 D.00 0 (60,587.0% 0.00 193 26 - 1} remove studs Room #131 600.00 600.00 0.00 0.00 600.00 100 0.00 6.00 194 2) add drywall chases @ RWL 4,213.00 4,213.00 0.00 0.00 4,213.00 100 0.00 42.13 195 3) modify Civic Ctr parking lot striping 478.00 478.00 0.00 0.00 478.00 100 0.00 4.76 196 27 - add'[ drywa Ill due to mold remediation 9,315.00 0.00 0.00 0.00 0.00 0 9,315.00 0.00 197 28 - 1) credit fire shutters { 13,744.00) 0.00 0.00 0.00 0.00 0 (13,744.00) 0.00 198 Z rm #132 rev per Fire Marshal 5,869.00 0.00 0.00 0.00 0.00 0 5,869.00 0.00 199 3) cost escalation - acoustical ceiling 9,670.00 0.00 0.00 0.00 0.00 0 9,670.00 0.00 200 4) delete soffit ( 1,080.00) 0.00 0.00 0.00 0.00 0 (1,080-00) 0.00 201 29 - floor leveling 3,854.00 0.00 0.00 0.00 0.00 0 3,854.00 0.09 202 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 203 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 204 0.00 0.00 0.00 0.00 0.110 0 0.00 0.00 205 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 206 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 207 0.00 0.00 0.00 0.00 9.00 0 0.00 0.00 208 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 299 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 210 0.00 0.00 0.00 0.00 0.00 11 0.00 0.00 211 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 212 0.00 0.00. 0.09 0.00 0.00 11 0.00 0.00 213 0.00 0.00 0.00 0.00 0.00 11 0.00 0.00 214 0.00 0.00 U.00 0.00 0.00 0 0.00 0.00 215 0.00 0.00 U.00 0.00 0.00 0 0.00 0.00 216 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 217 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 GRAND TOTALS 7,183,430.69 6,995,738.25 0.00 0.00 6,995,738.25 97 187,692.44 69,957.38 0 3 i CD rn U) 0 E3 to C-1 0 ti to r+ sr n rt N• 0 0 co w m CID CIO c0 VIII. -PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 E January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ NATURE OF ❑ Administrative ❑ AGENDA ITEM ❑ Consent Agenda February 17, 2009 (Nowt [I Code Compliance & Legal Settlements ❑ ® Public Hearing ❑ RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-104. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Development a artment Director Sam's Club / Northstar (ANEX 09-001) Bonnie Miskel and Scott Backman Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest Boulevard and 3691 Seacrest Boulevard Request to annex the properties. ity Manager's ignature Assistant to City Manager C4� Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\ANEX 09-00]\Agenda Item Request Sam's Club ANEX 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC L-3- 7February February2, 2009 (NoorL).� c- --4 co ,7.{ February 17, 2009 (Nowt 3 tV March 2, 2009 (Noon) c"ri�$ z- —1 March 16, 2009 (Noon) CDP x 'T9 City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-104. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Development a artment Director Sam's Club / Northstar (ANEX 09-001) Bonnie Miskel and Scott Backman Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest Boulevard and 3691 Seacrest Boulevard Request to annex the properties. ity Manager's ignature Assistant to City Manager C4� Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\ANEX 09-00]\Agenda Item Request Sam's Club ANEX 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 21 3 4 5 6 7 8 9 10 11 12 13 14j 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 09 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 15.78+/- ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITN', AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS, Walmart Stores #8140, owner, by and through its agents, Bonnie Miskel and Scott Backman, of the property more particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zomn-, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately 15.78+/- acres: and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article 1. Section 7 0,1) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City boundary. S 1CA1Ordinances\Plannind,\AnnexationsiAnnexation- Sams Chib.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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: See legal descriptions attached hereto as Exhibit "A" Subject to easements, restrictions, reservations, covenants and rights-of-way of record. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, I Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 2 of this Ordinance. Section 4: That by Ordinances adopted simultaneously herewith, the proper City I zoning designation and Land Use category is being determined as contemplated in Section 171.162(2), Florida Statutes. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby I repealed. Section 6: 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. S \CA\Ordinances\PlanningWnnexationslAnnexation- Sams Club.doc 2 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 Section 7: This Ordinance shall not be passed until the same has been gra°, or'iseo for two (2) consecutive weeks in a newsP p' a e.r of general circulation in the Cite of Iio� neon Beach, Florida, as required by the Cite Charter and Section 171.044. Florida Statutes. Section 8. This ordinance shall become effective immediately upon passaL'e Section 9. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 0 FIRST READING this day of _ ! 2009. SECOND, FINAL READING and PASSAGE this day of 2009' CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk , (Corporate Seal) 1 S.ACA\Ordinances\PlanninevinnexationsAnnexation- Sams Club doc i 3 LEGAL DESCRIPTION OF PARCEL 1 7233 SEACREST BOULEVARD PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010 A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS BEING PARCEL NO. 1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9; THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9, 696.58 FEET TO A POINT; THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN DESCRIBED; THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND; THENCE SOUTH 03027'44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT; THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (I-95); THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (I-95), A DISTANCE OF 180.00 FEET; THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT; THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (I-95), 587.24 FEET; THENCE NORTH 07'25' 24" EAST ALONG THE EASTERLI RIGH i-()F-\\ Al' t_> INTERSTATE HIGHWAY NUMBER 95 (I-951, 7,25 FEE'l TO A 5'8" IRON PIN CAPPED u3e, FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED L(� KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) B)' DEED DATED FEBRUARY 12, 2000 AND RECORDED IN O.R. BOOK 11607, PAGE 332 OF TI1F, P1:BI.1( RECORDS OF PALM BEACH COUNTY. FLORIDA. THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY. INC., 342.66 FEETTO A '2" IRON PIN FOUND (0.06 FEE] NORTH AND 0.37 FEET WEST); THENCE NORTH 02°29' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THF SOUTHWESTERLY CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL. NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:. THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SU CONVEYED TO TACO BELL OF AMERICA, INC.. 187.21 FEET TO A'.,2" IRON PIN FOUND (0.12 FEET SOUTH AND 0.33 FEET WEST); THENCE NORTH 02°29' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THF SOUTHERLY RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD; THENCE SOUTH 88053' 16" EAST ALONG THE SOUT14ERLY RIGHT-OF-WAY OF HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO. 6) (PARCEL CONTROL NUMBER 00- 43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997, PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE SOUTH 02"29' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED 43935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) A] THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL.. CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 11°31'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT; THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT; THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT -'A" USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD OF SAID HY-CREST CENTER: THENCE SOUTH 02'29'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45- 09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5()45. PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN ASPHALT PAVEMENT; THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN CAPPED (RIVERSTONE CO DUDLEY LS6527) SET; THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS. All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527) DEED OF REFERENCE LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BASIS OF BEARINGS: THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; CLOSURE North: 4748.19 East : 4943.64 Line Course: S 02-29-14 W Length: 522.21 North: 4226.47 East : 4920.98 Line Course: N 88-55-16 W Length: 545.43 North: 4236.74 East : 4375.65 Line Course: S 03-27-44 W Length: 160.14 North: 4076.89 East : 4365.98 Line Course: N 88-55-16 W Length: 344.35 North: 4083.37 East : 4021.69 Line Course: N 01-01-59 E Length: 180.00 North: 4263.35 East : 4024.93 Line Course: N 36-02-54 E Length: 143.16 North: 4379.09 East : 4109.18 Line Course: N 10-38-03 E Length: 587.24 North: 4956.25 East : 4217.54 Line Course: N 07-25-24 E Length: 7.25 North: 4963.44 East : 4218.48 Line Course: S 87-30-46 E Length: 342.66 North: 4948.57 East : 4560.82 Line Course: N 02-29-14 E Length: 152.37 North: 5100.79 East : 4567.43 Line Course: S 87-30-46 E Length: 187.2 1 North: 5092.67 East : 4754.46 Line Course: N 02-29-14 E length: 301.75 North: 5394.13 East : 4767.56 Line Course: S 88-53-16 E Length: 54.00 North: 5393.09 East : 4821.55 Line Course: S 02-29-14 W Length: 137.00 North: 5256.22 East : 4815.60 Line Course: S 11-31-09 W Length: 60.75 North: 5196.69 East : 4803.47 Line Course: S 02-29-14 W Length: 142.00 North: 5054.82 East : 4797.31 Line Course: S 87-30-46 E Length: 147.50 North: 5048.42 East : 4944.67 Line Course: S 02-29-14 W Length: 40.00 North: 5008.46 East : 4942.93 Line Course: N 87-30-46 W Length: 166.00 North: 5015.66 East : 4777.09 Line Course: S 02-29-14 W Length: 260.00 North: 4755.91 East : 4765.81 Line Course: S 87-30-46 E Length: 178.00 North: 4748.18 East : 4943.64 Perimeter: 4659.01 Area: 644,518 sq.ft. 14.7961 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 19-24-21 W Error North: -0.003 East . 0.001 Precision 1:4,659,020.000.00 SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL (aka PARCEL 5) LEGAL DESCRIPTION OF AREA OF INTEREST A parcel of land lying in the Northwest Quarter (NW '/4) of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy -Crest Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County, Florid, and being further bounded and described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said Northwest Quarter of said Section 9; Thence South 02° 29' 14" West, along the centerline of Seacrest Boulevard and the east line of the Northwest Quarter of Section 9, a distance of 696.58 feet to a point; Thence North 87° 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8" iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described; Thence continue North 87° 30' 46" West, along a Northerly line of land conveyed to Wal-Mart Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co. Dudley LS6527) set; Thence North 02° 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores, Inc. (Parcel No. 1) a distance of 260.00 feet to a P.K. nail set; Thence South 87° 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores, Inc. (Parcel No. 1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement and being the Westerly right-of-way line of Seacrest Boulevard; Thence South 02° 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard, a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone Company in October of 2008, be the same more or less, but subject to all leg al highways, easements and restrictions. Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527). 1 ORDINANCE NO. 09- 2; 31 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 25.89+/- ACRES 511 OF LAND THAT IS CONTIGUOUS TO THE CITY 6 1 LIMITS WITHIN PALM BEACH COUNTY AND 71 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 � A REASONABLY COMPACT ADDITION TO THE 91 CITY BOUNDARIES; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 1111 PROPER ZONING OF THE PROPERTY SHALL BE 12 f REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 E AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 171 CLERK OF THE CIRCUIT COURT OF PALM 18 g BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 i 2 0 1 WHEREAS, the Comprehensive Plan for the City, of Boynton Beach requires the 211 development of an Annexation Program; and i 22 WHEREAS, Northstar Cemetery Services of Florida, LLC., owner, by and through 23 i its agents, Bonnie Miskel and Scott Backman, of the property more particularly described 24 ( hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A -Zoning. of it 25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a `i 26 certain tract of land consisting of approximately 25.89+/- acres; and ;i 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annc\, the 28 following tract of land as hereinafter described, in accordance with Article 1. Section 7 d 12 ) I 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach CountN is 31 contiguous to the existing city limits of the City of Boynton Beach. and will. upon its 32 annexation. constitute a reasonably compact addition to the City boundary,. S'�,CA\Ordinances\Plannino,�Annexations\P.nneaation- Northstar doc 1 I 1 2I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: See legal descriptions attached hereto as Exhibit "A" Subject to easements, restrictions, reservations, covenants and rights-of-way of record. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 2 of this Ordinance. Section 4: That by Ordinances adopted simultaneously herewith, the proper City zoning designation and Land Use category is being determined as contemplated in Section 171.162(2), Florida Statutes. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: 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. S:\CA\Ordinances\Planning\AnnexationsiAnnexation- Northstar.doc 2 41 5 I 61 71 8 a 10 11, 12� 131 14 15 16 17 181 19 201 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 7: This Ordinance shall not he passed until the same has been ad;z�ltse� for two (2) consecutive weeks in a ne�Nspaper of general circulation in the City of Iio\nton Beach. Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 8. This ordinance shall become effective immediately upon passage Section 9. This ordinance, after adoption. shall be filed with the Clerk of the Circuit Court of Palm Beach County. Florida. FIRST READING this _ day of _ 2009. SECOND. FINAL READING and PASSAGE this day of 2OU9. CITY OF BOYN TON BEACH. FLORIDA Mayor - Jerry "Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk ( Corporate Seal) S.�CA\Ordinances\PlanninpAAnnexationsl.4nnexation- Nordistar doc 3 KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re -plat of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida; Thence South 02° 29' 14" West, along the centerline of Seacrest Boulevard and the east line of said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point; Thence North 87° 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re -plat of Lincoln Memorial Gardens, and the POINT OF BEGINNING; Thence South 02° 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a distance of 1,391.26 feet to a point; thence North 87° 30' 46" West, a distance of 92.00 feet to a point; thence South 02° 29' 14" West, a distance of 93.00 feet to a point; thence North 87° 30' 46" West, a distance of 81.83 feet to a point; thence North 01° 01' 59" East, a distance of 156.13 feet to a point; thence North 87° 30' 46" West, a distance of 33.81 feet to a point; thence North O1° 01' 59" East, a distance of 2.74 feet to a point; thence North 87° 30' 46" West, a distance of 326.39 feet to a point; thence South 01' 01' 59" West, a distance of 12.00 feet to a point; thence North 87° 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a distance of 19.03 feet to a point; thence North 87° 30' 46" West a distance of 176.44 feet to a point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of- way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of 344.35 feet to a point; thence North 03° 27' 44" East, a distance of 160.14 feet to a point; thence South 88° 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING. Said parcel contains 25.89 acres of land, more or less. _ ,,,,iii / 4 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 08 - 104 TO: Chair and Members Planning and Development Board FROM: Hanna Matras Senior Planner j THROUGH: Michael W. Rumpf U) Director of Planning and Zoning DATE: December 1, 2008 PROJECT NAME/NUMBER: Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002 REQUEST: To annex the two properties, and to amend the Future Land Use designation on 41.69 acres from Palm Beach County's Commercial High with a maximum 5 dwelling units per acre (CH/5) and Institutional and Public Facilities (INST) to Local Retail Commercial (LRC), and rezone from Palm Beach County's Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3 Community Commercial. PROJECT DESCRIPTION Property Owners: Walmart Stores #8140 and NorthStar Cemetery Services of FL, LLC Applicant/Agent: Bonnie Miskel and Scott Backman Location: 7233 Seacrest Boulevard/3691 Seacrest Boulevard (Exhibit "A") Parcel Size: 15.80/25.89 acres, a total of 41.69 acres Existing Land Use: Sam's Club: Palm Beach County's Commercial High with a maximum 5 dwelling units per acre (CH/5) NorthStar: Institutional and Public Facilities (INST) Existing Zoning: Sam's Club: Palm Beach County's Commercial General (CG) NorthStar: Residential Multifamily (RM) Proposed Land Use: Local Retail Commercial (both properties) Proposed Zoning: Sam's Club: Planned Commercial Development (PCD) NorthStar: C-3 Community Commercial Proposed Use: No changes to current uses File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar Adjacent Uses: North: Developed commercial properties in unincorporated Palm Beach County, designated CH/5 and zoned CG. Farther north right-of-way of Hypoluxo Road. South: Undeveloped parcel designated High Density Residential (HDR) and zoned Multi -Family Residential (R-3), then townhomes (Pine Point Villas Condo) classified High Density Residential (HDR) and zoned Multi -family Residential (R-3). East: Right-of-way of Seacrest Boulevard, farther east single-family homes (San Castle subdivision) in unincorporated Palm Beach County, designated Medium Density Residential (MR -5) and zoned Residential Multifamily (RM); to the northeast, developed and vacant commercial properties in Lantana, designated and zoned Cl -Commercial. West: Right-of-way of Interstate I-95. EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the annexation and other relevant objectives and policies of the City's Comprehensive Plan. 2. The proposed amendment will benefit the City by contributing to the diversification of its economy and its tax base. 3. The proposed amendment would not create additional impacts on infrastructure that cannot be accommodated within existing capacities, or generate any negative impacts upon adjacent or nearby properties. PROJECT ANALYSIS The two properties which are the subject of this land use amendment total 41.69 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large- scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2009 calendar year. File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar This proposed amendment is being reviewed for transmittal to the Florida Department Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will �= scheduled for adoption, tentatively in May 2009. a. Whether the proposed rezoning would be consistent with applicabie comprehensn, plan policies including but not limited to, a prohibition against any increase rrf 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 risi, manager. The planning department shall also recommend limitations )- requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is requested for developed properties and in conjunction with the application for annexation. The request is consistent with the City's annexation program as described in the following objective and policies in the Comprehensive Plan: Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties Policy1.15,1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes, and the Palm Beach Counh Annexation Policy. Policy 1. 15.2 The City shall utilize four methods of annexation.- 1. nnexation:1. Voluntary annexation; 2. Annexation by interlocal agreement with Palm Beach County; 3. Compliance with pre -annexation water service agreements from the City; and 4. Referendum. Policy 1.15.3 The City shall require every property being annexed into the City to concurrently apply for land use amendment and rezoning to the City's adopted land use classification and zoning district. " The request is also consistent with Objective 1.17: Objective 1,17 The City shall pursue economic development opportunities to support a competitive and diversified economy, Sam's Club will contribute to the diversification of the City's economy and the City's fiscal profile, now overly dependent on the residential sector for its tax revenues. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an indioidual pr ops y owner as contrasted with the protection of the public welfare. The proposed rezoning is requested for developed properties and in conjunction with the application for annexation. The uses of both properties have been long established under the File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar Palm Beach County's land use and zoning designations. No changes in use are planned for either property. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed amendment is requested in conjunction with an application for annexation. The existing Palm Beach County land use designation and zoning must be changed to the city land use designation and zoning district. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. As stated, the proposed land use amendment does not entail changes to current use of the subject properties. The addition of an accessory fuelling facility is currently planned for the Sam's Club (see the Master Plan review in the last section of this report); a carwash may be added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the future. Both planned additions represent minimal impact upon municipal services as described below. Traffic The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large proportion of shared trips between the two. The facility will be available exclusively to the Club's members and will require a membership card for pump activation. The trip characteristics' analysis done for similar projects indicate the internal trip capture of over 50%. Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a significant impact on the surrounding roadways. At the time of the site plan application for the respective additions, the concurrency traffic impact analysis or statement will be provided and will be reviewed by the County for consistency with the Pal Beach County Traffic Performance Standards ordinance. Potable Water and Sewer The City provides both water and sewer services to the Sam's Club property. The addition of a fuelling station will not have a significant eff=ect on the site's overall water demand and, since Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a negligible impact. Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for, and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer system will be postponed. Moreover, the facility will continue to use well water for irrigation purposes. Water Demand Land Use Generation Rate I Units Total GDP E)dsting/ Proposed Office/ Crematorim 25 GPD per employed 16 400 Church 5 GPD per seat 120 600 1,000 4 File Number: LUAR 09-002-ANCX 09-001 Sam's Club/NorthStar The future addition of a crematorium will have a marginal impact, accounted for in the above table. The generation rates for office and church uses are applied in demand calculations for the existing funeral home and chapel buildings. Potable Water Facilities Water Plant Capacity* (peak day) 27,000,000 Committed capacity (actual flow + reserved capacity, peak day 23,622,289 Remaining capacity 3,377,711 SFWMD permitted withdrawals (average day) 21,490,000 Contracted amount to purchase from County 5,000,000 Expiration date of water use permit August 14, 2010 *Includes 5,000,000 contracted to purchase for Palm Beach County As shown, the projected increase in water demand is insignificant as compared to the remaining capacity. Likewise, the additional sewer capacity that would be required for the NorthStar cemetery in the future is minimal and can easily be accommodated by the City's facilities. Sewer Demand Land Use Generation Rate JUnits Total Existing/ Proposed Office/Crematorim 25 GPD per employe 16 400 Church 5 GPD per seat 1120 600 Sanitary Sewer Facilities 1,000 Sewer Treatment Capacity 24 MGD Committed or allocated capacity (MGD) 18.56 Available capacity (MGD) 2.72 GDP Solid Waste The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10 -year planning period. Drainage Drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The use of the subject properties will not change; the proposed rezoning will be compatible with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club property is similar to the current County land use and zoning designations. The Local Retail Commercial land use classification is proposed for both the Sam's Club and the NorthStar property. Both properties would also have commercial zoning designations, with a PCD zoning requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a commercial enterprise, constitutes an appropriate transitional use between the high intensity commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible potential for negative impact on nearby residential properties in the future. The proposed commercial land use and zoning designation for the NorthStar cemetery will accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather than a public use of the property. It should also be noted that the commercial zoning would accommodate the placement of a billboard on the cemetery property, pursuant to Florida Statutes and the 2001 settlement agreement between the City and two advertising corporations. The settlement allows for the placement of a set number of billboards at various locations along the I-95 right-of-way, subject to, in part, a residential separation standard and all applicable siting standards of Florida Statutes. The subject property would allow for the citing of one of the two remaining billboards allowed under the agreement, with minimal impacts on residential and other land uses. The requested C-3 zoning for the NorthStar property will require a code amendment, which staff will propose and initiate to be timed with ultimate adoption of the subject request. The code amendment is necessary as the current C-3 regulations only allow a funeral home as a permitted use and funeral home with a crematorium as a conditional use. The amendment would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3 zoning district. f. Whether the property is physically and economically developable under the existing zoning. The proposed reclassification/rezoning involves developed properties and is a necessary action in conjunction with an annexation. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning is reasonably related to the needs of the neighborhood and the city as a whole (see above sections "e" and h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The proposed amendment is requested for the already developed properties and in conjunction with an application for annexation. No use changes are planned for either property. MASTER PLAN ANALYSIS FOR SAM'S CLUB When requesting to rezone property to a planned district, such as Planned Commercial Development (PCD), the applicant is required to submit a Master Plan depicting the location of site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan depicts the existing one-story, 134,100 square foot Sam's Club building situated in the southwest corner of the property, as well as a proposed Sam's membership gas station and carwash facility in the northeast corner of the property. 6 File Number: LUAR 09-002-ANEX 09-001 Sam's Ciub/NorthStar The plan depicts parking on all sides of the property, with the largest parking fields to the east and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, th, site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to tr property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern edge, center and southern edge of the site. The site has traffic circulation completely around the site and existing and proposed structures, for ease of service delivery and emergent access. Planned Commercial District regulations establish setbacks and buffers in excess of standard commercial zoning districts. The existing 134,100 square foot building would exceed all of the district setback requirements; front — 40' required/355' provided, side — 30' required/45' & 270' provided, and rear — 40' required/65' provided. As for setback requirements applicable to the proposed gas and carwash facility, the code sets forth special setback regulations for gas stations, which would be met with the plan submitted; front — 35' required/36' proposed, side -- 20' required/555' & 130' proposed, and rear — 20' required/220' provided. Buffers are to be designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot landscape greenbelt area around the entire site. As this is a developed site, approved under Palm Beach County zoning regulations, the site, including numerous tree preservation easements, complies with this requirement, except for an approximate 190 foot long segment along the south side of the building abutting the cemetery property. Since only this small strip falls short of the PCD requirement, staff will require a denser planting scheme to be accomplished when the formal site plan is brought forward in the future to approve the gas ant carwash facility addition. A final code provision of note within the special gas station regulations associated with Planned Commercial Development districts requires gas pump islands and associated canopies be located a minimum of 200 feet from any public right-of-way. As this requirement would place the fueling operations directly in front of the front door to the existing Sam's Club building and would displace the established and most convenient customer parking, staff suggests that a code amendment be undertaken to accommodate those properties requesting PCD zoning with existing improvements, which are annexed into the City. All othe- aspects of development review will be accomplished during the site plan review process associated with the previously mentioned future improvements. Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is not required as part of the rezoning. The applicant has suggested the possibility of modifying the site at some point in the future to accommodate a crematorium. When the applicant is ready to bring forward such a proposal, staff will initiate the necessary site plan review process. CONCLUSIONS/ RECOMMENDATIONS The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without creating additional impacts on infrastructure that cannot be accommodated within existing capacities, and without generating any negative impacts upon adjacent or nearby properties. Therefore, staff recommends that the subject request be approved. ATTACHMENTS S:\Pianning\SHARED\WP\PROJECT'S\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sCIub-PBMemonaLao._ SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A" LOCATION MAP LEGEND HDR - High Density Residential McDR- Medium Density Residential PPGI - Public & Private Governmental/institutional .u®a - City Boundary N \f E S 250 125 0 250 500 750 1000 Feet ` v b d]8..`c3� �iii;Q¢Nb3 i C7 z. >=a a� 1^ sY2 �' 'ash � -�•8 ^ i - �!'✓-i� d:5 � lei � K:6�9anti ---. �3 3 a•'.ta� „�. _ j �'� .�` =^•. ..; iQ'^y�. pat S�96 a° q''t, -z, ^" Z� y I a "L.. }n 03 + i { , 5 All ` v i C7 z. >=a a� 1^ ecce tv'f�"wawoffscezt Dt49# qnjsees;e uopeIsUpen. XMI sseuisne slope lead S s r 4 Is ummv .'�n�':m'.sr ae e w, ■ r■ w W-Ot-LO alR7 a�^.•.�'.•iai� s i 513J.V18 3LlCZJ' _we,.r•a ., U o NMads sv'"Os m •; 7,4; _ a . Ell f..1 ,a'�•� �I �yI ��• � � � -�•- � • • � � _W N :I�I tiL S t � f AD _ ff f ' e I l ' I I K l I J 3�i7V F III I I. r 4 Is ummv .'�n�':m'.sr ae e w, ■ r■ w W-Ot-LO alR7 a�^.•.�'.•iai� s i 513J.V18 3LlCZJ' _we,.r•a ., U o NMads sv'"Os m •; � � e t � f ff f ' \\\\\\\ \\\\ \\\\\\\ \ \ I \� Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 1. Final disposition of the October 28. 2008 Planning and Developmen+ Board meeting Agenda items. Mr. Breese reported the following items were approved at the November 18, 2008 City Commission meeting: ✓ Casa Del Mar Site Plan Time Extension ✓ Sparkle Clean Car Wash Conditional Use ✓ National City Bank New Site Plan ✓ Palm Cove PUD Site Plan Time Extension ✓ Bru's Room Revocation of Conditional Use ✓ Jaffe Variance (Amber Barritt arrived at 6:33 p.m.) Attorney Alexander administered the oath to all who would be testifying. 6. Old Business None 7. New Business A. Sam's Club / Northstar Annexation 1. PROJECT: AGENTS: OWNER: LOCATION: DESCRIPTION: Sam's Club / Northstar (ANEX 09-001) Bonnie Miskel and Scott Backman Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC West of North Seacrest Boulevard, South of Hypoluxo Road. 7233 Seacrest Boulevard and 3691 Seacrest Boulevard Request to annex the properties. Sam's Club / Northstar Land Use Amendment /Rezoning 2. PROJECT: Sam's Club / Northstar (LUAR 09-002) AGENTS: Bonnie Miskel and Scott Backman OWr BIER: ,41almart Stores #8140 / Northstar Cemetery Services of Florida, LLC LOCATION: West of North Seacrest Boulevard, South of Hypoluxo Road. 7233 Seacrest Boulevard and 3691 Seacrest Boulevard 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on ±41.49 acres of land from Commercial High (CH / 5) and Institutional (Palm Beach County) to Local Retail Commercial (LRC); and Request to rezone from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. Hanna Matras, Senior Planner, requested the Board consider the annexation, land use amendment and rezoning together and then approve or deny them by separate motions. The two properties comprised about 42 acres and per State requirements, required a Large Scale Amendment. The Board would be making a recommendation to the City Commission to transmit them to the Department of Community Affairs for a sufficiency review. Staff recommended approval of the requested items based on the requests being consistent with the annexations and other relevant objectives and policies of the Comprehensive Plan. The proposed amendment would benefit the City by contributing to the diversification of the City's economy and tax base, and the proposed amendment would not create additional impacts on infrastructure that could not be accommodated within existing capacity, nor would it generate negative impacts on adjacent nearby properties. (Mr. Poznak arrived at 6:35 p.m.) Bonnie Miskel, Attorney for the Northstar Cemetery and Sam's Club, was present to answer any questions of the Board. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Mr. Myott requested information about the County having difficulty with the application. Ms. Miskel explained, at one point, the County approached City staff about a traffic issue and the City held a meeting with all parties regarding concerns on the north end of the Sam's Club site. There was a roadway/driveway that brings the Sam's Club customers in off of Hypoluxo Road that was part of the Sam's Club property. The concern initially was the annexation would create an enclave to the west, which was an unrelated commercial property. It was determined an enclave would not be created. The applicants agreed, if it made it easier, to exclude the roadway and allow it to continue and the easements that were originally there would continue to the public. The parties met with the City Manager because the County wanted verification from the City Manager that the City was interested in the property, and the annexation was more of the City's interest than the applicants. Ms. Miskel explained it was a mutual interest. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Ms. Matras explained, if the City Commission desired to proceed with the annexation request, the City would begin annexing the remaining parcels to the west after the Sam s Club and Northstar annexation was formally adopted. The City would meet with the Palma Beach County Sheriff regarding an interlocal agreement regarding service for the area during the months in which the issue would be active. These annexations would later require a Small Scale Amendment. Chair Jaskiewicz explained the next item pertained to changing the Land Use Map, the Future Land Use classification and rezoning from Palm Beach County Commercial and Residential Multi -Family to Planned Commercial Development and C-3 Community Commercial. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Mr. Myott inquired if any further developments for the property were planned. Ms. Matras explained Sam's Club was planning a fueling facility. They were requesting a planned commercial district and the staff report included a view of their preliminary master plan. A car wash may also be included. The Northstar Cemetery would be adding a crematorium, but it was not clear when they would proceed with the request. Chair Jaskiewicz inquired about the billboard and if it pertained to the Cemetery and Sam's Club. Ms. Miskel explained the billboard was intended to be located on the Cemetery property somewhere along the 1-95 corridor. There was a lawsuit that was settled pertaining to the property and the billboard and an agreed order was issued. The billboard would be consistent with the agreed order. Chair Jaskiewicz noted it was distressing to see a billboard because in the 90`s the City worked to eliminate them. Ms. Miskel also noted since it was Cemetery property, they intended to locate the sign in a way so as not to impact the Cemetery operation. The sign would be far enough away from the residential area that it would not be seen by the residents. They would attempt to hide it from other interior views and situate it so it would only be seen from 1-95. The purpose of including the Cemetery property in the request was because it would not be contiguous without the property. Another reason was because the Cemetery was also interested in being located within the City for use of its water, sewer and other utilities. The property was mapped to be within City limit. It was noted they were also planning another building in the future. Attorney Alexander advised three separate motions were needed. The first motion pertained to annexation of properties for the Cemetery and Sam's Club, 19 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Motion Mr. Myott so moved. Ms. Barritt seconded the motion that unanimously passed. The next motion was for the land use amendment and rezoning as contained on the staff report. Motion Mr. Myott so moved. Mr. Barnes seconded the motion. Mr. Myott clarified his motion to approve the Comprehensive Plan and Future Land Use Map of the Sam's Club parcel and the Cemetery from Commercial High CH/5 and Institutional (Palm Beach County), to Local Retail Commercial (LRC) and request to rezone from Palm Beach County Commercial General (CG) and Residential Multi -Family (RM). It was requested just the Comprehensive Plan and Future Land Use Map portion be approved. Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map. Ms. Barritt seconded the motion that unanimously passed. Motion Mr. Myott moved to approve the request to rezone from Palm Beach County General (CG) and Multi -family Residential, RM to Planned Commercial Development (PCD) and C-3 Community Commercial. Ms. Killian seconded the motion that unanimously passed. B. New Urban High Ridge Land Use Amendment I Rezoning 1. PROJECT: New Urban High Ridge ( LUAR 09-001) AGENT: Timothy L. Hernandez OWNER: New Urban High Ridge, LLC LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on +18.44 acres of land from Medium Density Residential to Industrial and; Request to rezone from Planned Unit Development (PUD) to M-1, Industrial. Ms. Matras presented the request and noted the request was also a large scale amendment requiring approval by the Department of Community Affairs, if approved by the City Commission. She explained the City annexed the property in 2005. The first site plan was a mix of townhomes and single-family homes. There were some issues with the county pertaining to the landscaping of High Ridge Road. The applicant requested a time 5 VIII. -PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORD. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ❑ Consent Agenda ❑ Code Compliance & Legal Settlements E Public Hearing February 2, 2009 (NooCb co L7 February 17, 2009 (Noon Cr:1 March 2, 2009 (Noon) g- March 16, 2009 (Noon)3 W ❑ City Manager's Report ❑ New Business ® Legal ❑ Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-104. EXPLANATION: PROJECT: Sam's Club / Northstar (LUAR 09-002) AGENT: Bonnie Miskel and Scott Backman OWNERS: Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC LOCATION: West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest Boulevard and 3691 Seacrest Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on +41.49 acres of land from Commercial High (CH / 5) and Institutional (Palm Beach County) to Local Retail Commercial (LRC); and PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: A &/,z Devel ' &it7l3epartrnent Director Request to rezone from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. /F h City Manager's Signature Assistant to City Manager Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club LUAR 09-002 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC li 2 3' 4 5' 6 7I° 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 09-,, AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY WALMART STORES #8140 AND LOCATED AT 7233 SEACREST BOULEVARD; CHANGING THE LAND USE DESIGNATION FROM COMMERCIAL HIGH WITH A MAXIMUM 5 DWELLING UNITS PER ACRE (CH/5)(PALM BEACH COUNTY) TO LOCAL RETAIL COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element oi' a Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S\CA\Ordinances\Plannuic\Land Use,Sams Club doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located at 7233 Seacrest 4 Boulevard changing the land use designation from Commercial High with a maximum 5 5 dwelling units per acre (CH/5) (Palm Beach County) to Local Retail Commercial: r 7 See legal description attached hereto as Exhibit "A" 8 9 10 Subject to easements, restrictions, reservations, covenants and rights - 11 of -way of record. 12 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 15 Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 17 Section 5: Should any section or provision of this Ordinance or any portion thereof be 18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 ! remainder of this Ordinance. 20 Section 6: The effective date of this plan amendment shall be the date a final order is 21 issued by the Department of Community Affairs finding the amendment to be in compliance in 22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration 23 Commission finding the amendment to be in compliance in accordance with Section 163.3184, 24 F. S. 25 FIRST READING this day of S:\CA\OrdinancesOanning\Land Use\Sams Club.doc -2- 1 Sl'-.COND. FINAL READING and PASSAGE this daN of _`.0 H I 3 4' 5 6 7 8 9 10' 11 12 13 14k 15;h 16.k 17� 18 19 20� 21 22 23 24 25 26! ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) s.\CA\OrdinancesTlannintLand Usc\Sams C'lub.doc C11 Y OF BOYNTON BEACH. FLORIDA Mayor --- Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow- L. Hay Commissioner — Marlene Ross LEGAL DESCRIPTION OF PARCEL 1 7233 SEACREST BOULEVARD PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010 A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS BEING PARCEL NO. 1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9; THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9, 696.58 FEET TO A POINT; THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN DESCRIBED; THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED 43935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND; THENCE SOUTH 03027'44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT; THENCE NORTH 88055'16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (I-95); THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (I-95), A DISTANCE OF 180.00 FEET; THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT; THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET; f fJS < f % , ) THENCE NORTH 0725' 24" EAST ALONG THE LASTE'RL1 RIGH I-OF-W.AY (�! INTERSTATE HIGHWAY NUMBER 95 (1-95), 7.25 FEE'l-10 A SB" IRON PIN CAPPED 3935 FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVFYLD I0 KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED DATED FEBRUARY 12, 2000 AND RECORDED IN O.R. BOOK 11607. PAGE 33 OF THE P1 BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY, INC.. 342.66 FEET TO A ' IRON PIN FOUND (0.06 FEET NORTH AND 0.37 FEET WEST); THENCE NORTH 02°29' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TOA POINT AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO TACO BELL OF AMERICA, INC., 187.21 FEET TO A ' IRON PIN FOUND (0.12 FEET SOUTH AND 0.33 FEET WEST):. THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD: THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO. 6) (PARCEL CONTROL NUMBER 00- 43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997. PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE_. POINT (5!8" IRON PIN CAPPED 93935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA THENCE SOUTH 11°31'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:. THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT; THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A'- USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD OF SAID HY-CREST CENTER.. THENCE SOUTH 02°29'14- WEST ALONG THE RIGHT-OF-WAY OF SEACRES'T BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45- 09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5945. PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN ASPHALT PAVEMENT; THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN CAPPED (RIVERSTONE CO DUDLEY LS6527) SET; THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS. All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527) DEED OF REFERENCE LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BASIS OF BEARINGS: THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL (aka PARCEL 5) LEGAL DESCRIPTION OF AREA OF INTEREST A parcel of land lying in the Northwest Quarter (NW 114) of Section 9, Township 45 South. Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy -Crest Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach Count\ . Florid, and being further bounded and described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said Northwest Quarter of said Section 9; Thence South 02° 29" 14" West, along the centerline of Seacrest Boulevard and the east line of the Northwest Quarter of Section 9, a distance of 696.58 feet to a point: Thence North 87° 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8 iron pin capped 43935) found on the westerly line of Tract '"A" used for right-of-way of Seacrest Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described: Thence continue North 87° 30' 46" West, along a Northerly line of land conveyed to Wal-Mart Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach County, Florida, a distance of 166.00 feet to a 5/8" x 30'" iron pin capped (Riverstone Co. Dudley LS6527) set: Thence North 02° 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores. Inc. (Parcel No. 1 ) a distance of 260.00 feet to a P.K. nail set: Thence South 87° 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores. Inc. (Parcel No. 1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement and being the Westerly right-of-way line of Seacrest Boulevard: Thence South 02° 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard. a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres of land as surveyed and described by Edward B. Dudley" L.S. No. 6527 of the Riverstone Company in October of 2008, be the same more or less, but subject to all leg al highways. easements and restrictions. Note: All 5/8*'x 307' iron pins set and capped (Riverstone Co Dudley LS6527). l; 21 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 ORDINANCE NO.09-CX: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY NORTHSTAR CEMETERY SERVICES OF FLORIDA LLC., AND LOCATED AT 3691 SEACREST BOULEVARD; CHANGING THE LAND USE DESIGNATION FROM INSTITUTIONAL AND PUBLIC FACILITIES (INST) TO LOCAL RETAIL COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S:\CA\Ordinances\Planning\Land Use\Northstar.doc 1' Section 2: Ordinance No. 89-38 of the Cite is hereby amended to reflect !hc 2 1 following: 3 That the Future Land Use of the following described land located at 3691 Seacrest 4'! Boulevard changing the land use designation from Institutional and Public Facilities (IN ST ) to 5; Local Retail Commercial: 6' 7', See legal description attwhed hereto as Exhibit "A" 8,. 9' lo'; Subject to easements, restrictions, reservations. covenants and rights - 11! of -way of record. 121 13 14j Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 15 Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 17, Section 5: Should any section or provision of this Ordinance or any portion thereof be 18 k declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 !< remainder of this Ordinance. i 20 Section 6: The effective date of this plan amendment shall be the date a final order is 21 s issued by the Department of Community Affairs finding the amendment to be in compliance in 22 [i accordance with Chapter 16' 1.3 F.S.; or the date a final order is issued by the .Administration 23 {' Commission finding the amendment to be in compliance in accordance with Section 163.3184. 24 F. S. 25 FIRST READING this < S \CA\0rdinances\P1anning\Land UsMorthstar doc day of 2009. 21 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECOND, FINAL READING and PASSAGE this day of , 2009. ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) SACA\0rdinances0anning\Land Use\Northstar.doc CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross -3- KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL LEGAL DESCRIPTION OF PALM BEACII MEMORIAL PARK Situated in the County of Palm Beach, State of Florida" and knows as being a part of the re -plat of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225. and further described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East. Palm Beach County, Florida; Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line ol` said Northwest Quarter of Section 9, a distance of 1.218.79 feet to a point, Thence North 87° 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re -plat of Lincoln Memorial Gardens, and the POINT OF BEGINNING; Thence South 02° 29' 14" West along the West right-of-way line of said Seacrest Boulevard. a distance of 1,391.26 feet to a point; thence North 87° 30' 46" West, a distance of 92.00 feet to a point; thence South 0211 29' 14" West. a distance of 93.00 feet to a point; thence North 87° )0' 46" West, a distance of 81.83 feet to a point; thence North 01' 01' 59" East, a distance of 1 56. 1 feet to a point; thence North 87° 30' 46" West, a distance of 33.81 feet to a point; thence North 01' 01' 59" East, a distance of 2.74 feet to a point; thence North 87° 30' 46" West, a distance of 326.39 feet to a point; thence South 01° 01' 59" West, a distance of 12.00 feet to a point, thence North 87° 30' 46" West, a distance of 148.72 feet to a point: thence South 01° 01' 59" West" a distance of 19.03 feet to a point; thence North 87° 30' 46" West a distance of 176.44 feet to a point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-oll way; thence North 01° 01' 59" East, along the East right-of-way line of said State Route Q. a distance of 1,174.86 feet to a concrete disk found; thence South 88° 55' 16" East, a distance (d 344.35 feet to a point; thence North 03° 27' 44" East, a distance of 160.14 feet to a point, thence South 88° 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING. Said parcel contains 25.89 acres of land, more or less. 1'. f 21 3i 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 ORDINANCE NO. 09 -0t -r AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF WALMART STORES #8140, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 7233 SEACREST BOULEVARD, AS MORE FULLY DESCRIBED HEREIN, FROM COMMERCIAL GENERAL (CG) (PALM BEACH COUNTY) TO PLANNED COMMERCIAL DEVELOPMENT (PCD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Walmart Stores #8140, owner of the property located at 7233 Seacrest Boulevard, in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agents, Bonnie Miskel and Scott Backman, pursuant to Section 9 of Appendix A -Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Commercial General (CG) (Palm Beach County) to Planned Commercial Development (PCD); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and S'\CA\OrdinanceslPlanning\Rezoning\Rezoning-Sams Club.doc 1 WHEREAS, the Citv Commission deems it in the best interests of the inhabitants of 2 said Citv to amend the aforesaid Revised Zoning Map as hereinafter set forth. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and incorporated 6 herein by this reference. 7 Section 2. The following described land located at 7233 Seacrest Boulevard in 8 Boynton Beach, Florida, as set forth as follows: 9 10 ' See Legal Description attached as Exhibit "A" 11 12 13 Subject to easements, restrictions, reservations, covenants and 14 ! rights-of-way of record. 15: 16 1 ! be and the same is hereby rezoned from Commercial General (CG) (Palm Beach Countv) to 17 ill Planned Commercial Development (PCD). A location map is attached hereto as Exhibit 18 I I and made a part of this Ordinance by reference. 19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 20 i! accordingly. 21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby II 22 11 repealed. I' 23 Section 5. Should any section or provision of this Ordinance or any portion thereof 24 j be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 25 !i the remainder of this Ordinance. 26 ? Section 6. This ordinance shall become effective immediately upon passage. 27 FIRST READING this day of 2009. S.\(',4\Ordinances\Plannin,o\Rezonin-,vRezoning Sams Club doc 1 2' 311 4�! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECOND, FINAL READING and PASSAGE this day of , 2009. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Mayor — Jerry Taylor Vice Mayor— Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross S \CA\Ordinances\Planning\Rezoning\Rezoning-Sams Club.doc LEGAL DESCRIPTION OF PARCEL I 7233 SEACREST BOULEVARD PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010 A PARCEL OF LAND LYING IN THE NOR"THWES"T QUARTER (NW 1/4) OF SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. AND KNOWN AS BEING PARCEL NO. 1 OF HY-CREST CENTER. AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS. COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9; THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9, 696.58 FEET TO A POINT; THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN DESCRIBED; THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF' SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5,'8" IRON PIN CAPPED 43935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE NORTH 88055'16- WEST ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC. 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED 43935) FOUND; THENCE SOUTH 03"27'44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC. 160.14 FEET TO A P.K. NAIL. & WASHER FOUND IN ASPHALT PAVEMENT: THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO KEATLEY INVESTMENTS -PALM BEACH, LLC, 344.35 FEET TO A 5i8" IRON PIN CAPPED #3935 FOUND AND DISTURBED ON "THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95): THENCE NORTH 01'01' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY 01-- INTERSTATE FINTERSTATE HIGHWAY NUMBER 95 (I-95), A DISTANCE OF 180.00 FEET: THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 r1-95) 14;_16 FEET TO A POINT: THENCE NORTH 10°38' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET: 7. ' THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER 95 (1-95), 7.25 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED DATED FEBRUARY 12, 2000 AND RECORDED IN O.R. BOOK 11607, PAGE 332 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY, INC., 342.66 FEET TO A ''/z" IRON PIN FOUND (0.06 FEET NORTH AND 0.37 FEET WEST); THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO TACO BELL OF AMERICA, INC., 187.21 FEET TO A '/z" IRON PIN FOUND (0.12 FEET SOUTH AND 0.33 FEET WEST); THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD; THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO. 6) (PARCEL CONTROL NUMBER 00- 43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997, PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 11°31'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT; THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT; THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD OF SAID HY-CREST CENTER; THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45- 09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCL NORTH 87"30'46" WEST ALONG 111E NORTHERLY LINE O LAND S� ; CONVEYED TO WAL-MART STORES, INC. (PARCEL 5)_ 166.00 FEET T() A P.K N-1.tl. `SFT IN ASPHALT PAVEMENT; THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5'8"X30" IRON PIN CAPPED (RIVERSTONE CO DUDLEY LS6527) SFT: THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5,'8" IRON PIN CAPPED 43935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008. BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS. All 5!8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527) DEED OF REFERENCE LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BASIS OF BEARINGS: THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02"914" WEST AS RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64. PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL (aka PARCEL 5) LEGAL DESCRIPTION OF AREA OF INTEREST A parcel of land lying in the Northwest Quarter (NW '/4) of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy -Crest Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County, Florid, and being further bounded and described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said Northwest Quarter of said Section 9; Thence South 02° 29' 14" West, along the centerline of Seacrest Boulevard and the east line of the Northwest Quarter of Section 9, a distance of 696.58 feet to a point; Thence North 87° 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8" iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described; Thence continue North 87° 30' 46" West, along a Northerly line of land conveyed to Wal-Mart Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co. Dudley LS6527) set; Thence North 02° 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores, Inc. (Parcel No. 1) a distance of 260.00 feet to a P.K. nail set; Thence South 87° 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores, Inc. (Parcel No. 1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement and being the Westerly right-of-way line of Seacrest Boulevard; Thence South 02° 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard, a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone Company in October of 2008, be the same more or less, but subject to all leg al highways, easements and restrictions. Note: All 5/8"x 30" iron pins set and capped (Riverstone Co Dudley LS6527). SAWS CLUB AND NORTHSTAR PROPERTIES LOCATION MAP n6t in city < HYP 0 L LJX 0 RD FRANGIPANI Y, CIF-, Lj !> PALM BEACH COUNTY ')LD SPANISH TRI -N,-, FINN HILL DR <! << < Uj z not_in city 7 LU MONROE BLVD I U PLUM TREE DR,' < < I TLJL IPTREE DR <> not in --- c 0 -Ity— H1E3I90U3:TREEDR S OA'KRIDGE 'P --FICUS TREE DR z Oil TOM A TOE RD MENTONS RD ii p AT,LANTIC DRSEAGRAPE R- SEA �r'�-- Ui Obi h. -AN OLEANDER RC RD W Ct 0 U-j Z WILK VVILKINSOh, R PAL DR �D -BROWN RD BROWN RD L!i FORES R =7777- r 21 Uj _Uj Z --CL-- 4,j 5" ALTO RD Q �) A.T 7 7. 7 PEAV RD 7 - -- ------- LU S ATLANTIC. D IATLANfl HIGHVIEW RE, C DR El X, HIGHLANDIRD LEGEND A V11 HDR High Density Residential 1.1-DR- IViedium Density Residential PPGl Public & Private Governmental/institutional 12- City Boundary 1 2 3 4 5� s 6 7f 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 09- C,6) AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NORTHSTAR CEMETERY SERVICES OF FLORIDA, LLC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 3691 SEACREST BOULEVARD, AS MORE FULLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RM) TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Northstar Cemetery Services of Florida, LLC., owner of the property located at 3691 Seacrest Boulevard, in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agents, Bonnie Miskel and Scott Backman, pursuant to Section 9 of Appendix A -Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Residential Multi -family (RM) to C-3 Community Commercial; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and S:\CA\Ordinances\Planning\Rezoning\Rezoning-Northstar.doc 1 WHEREAS, the City Commission deems it in the best interests of the inhabitant, of 2 said City to amend the aforesaid Revised "Zoning Map as hereinafter set forth. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and incorporated 6 herein by this reference. 7 Section 2. The following described land located at 3691 Seacrest Boulevard in 8 Boynton Beach, Florida, as set forth as follows: 9 10 ; See Legal Description attached as Exhibit "A" 11 12 13 Subject to easements, restrictions, reservations, covenants and 14 ; rights-of-way of record. 15' 16 be and the same is hereby rezoned from Residential Multi -family (RM) to C-3 Community 17 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this 18 Ordinance by reference. 19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 0 accordingly. 21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 22 ; repealed. 23 Section 5. Should any section or provision of this Ordinance or any portion thereof 24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 5 the remainder of this Ordinance. 26 Section 6. This ordinance shall become effective immediately upon passage. 27 FIRST READING this day of '2009. S.�.C.4,ordinances\Plannin�.\RezoninelRczoning-Northstar_doc 1 SECOND, FINAL READING and PASSAGE this 21 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) day of , 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross S:\CA\Ordinances\Planning\Rezoning\Rezonmg-Northstar doc KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re -plat of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225.. and further described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Ilvpoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida:. Thence South 02° 29' 14" West, along the centerline of Seacrest Boulevard and the east line of said Northwest Quarter of Section 9, a distance of 1.218.79 feet to a point; Thence North 87° 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re -plat of Lincoln Memorial Gardens. and the POINT OF BEGINNING; Thence South 02° 29' 14" West along the West right-of-way line of said Seacrest Boulevard. a distance of 1,391.26 feet to a point; thence North 87° 30' 46" West, a distance of 92.00 feet to a point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 87° 30' 46" West, a distance of 81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13 feet to a point; thence North 87° 30' 46" West, a distance of 33.81 feet to a point; thence North 01° 01' 59" East, a distance of 2.74 feet to a point; thence North 87° 30' 46" West, a distance of 326.39 feet to a point; thence South 01° 01' 59" West, a distance of 12.00 feet to a point; thence North 87° 30' 46" West, a distance of 148.72 feet to a point; thence South 01° 01' S9" West. a distance of 19.03 feet to a point; thence North 87° 30' 46" West a distance of 176.44 feet to a point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of- way, thence North 010 01' 59" East, along the East right-of-way line of' said State Route Q. a distance of 1,174.86 feet to a concrete disk found; thence South 88° 55' 16" East. a distance of 344.35 feet to a point; thence North 03° 27' 44" East, a distance of 160.14 feet to a point; thence South 88° 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING. Said parcel contains 25.89 acres of land, more or less. SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT '_'/'�" LOCATION MAP Cn _ Z ` h®t 117; CI#y t HY .o'0 -RD -----_ IL h L b -RD- 1 U � ARES RD..:._ LU FRANGIPA CIR - 1m n PALM BEACH COUNTY /#NISH T L - o FLORENCE!.RD_' FINN HILL.DR Iw q _ N G' .._. OAKRID • GJ laq � a E C IR,'. ! x `]}-a _ 1n MONROE l3LVD' U .--- � o Lj {{ LVM FREE pRl r iCoo fULIP_1TREE.OR w _ f--- > not -in -city - a., R,I.DG ,OIR' �- -.,-. �1Ci1S_TREEDR L.__ZI T � TQM A TOE RD __ II MENTONERD_. _1 if ' RAP ` rSEAGRAPERD L_ l ANJ70 l3� . S AG LU O I ~ M SANDER RD OLEAN a DER -RD 1�11� © z z —. N HA Di33 J VJCILlINSON RD YICILK!(21SUN RD_ o _ -r a - - - _ T � I w FCkBES R d L,� N RD I .� a IW f �Cz f-1-- — 1-- -_ -➢•I .i> _ L AT4La 1R 77 l—1 !�-,1 r-� 11 PEA IRQ _ I I ' �I �� I t I _ S.f�TLSNTJG t4fVV- ATLAN I ' —j 1 - -- - -- — ---- Q.. [3R E r � LJ r �I I t�_ LHLANDIRQ ]-- LEGEND HDR - High Density Residential McDR- Medium Density Residential PPGI - Public & Private Governmental/institutional .oe■e - City Boundary N 4_%� W . E �6 S 250 125 0 250 500 750 1000 Feel DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 08 - 104 TO: Chair and Members Planning and Development Board FROM: Hanna Matras Senior Planner THROUGH: Michael W. Rumpf 1,/,,,,: `' Director of Planning and Zoning DATE: December 1, 2008 PROJECT NAME/NUMBER: Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002 REQUEST: To annex the two properties, and to amend the Future Land Use designation on 41.69 acres from Palm Beach County's Commercial High with a maximum 5 dwelling units per acre (CH/5) and Institutional and Public Facilities (INST) to Local Retail Commercial (LRC), and rezone from Palm Beach County's Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3 Community Commercial. PROJECT DESCRIPTION Property Owners: Walmart Stores #8140 and NorthStar Cemetery Services of FL, LLC Applicant/Agent: Bonnie Miskel and Scott Backman Location: 7233 Seacrest Boulevard/3691 Seacrest Boulevard (Exhibit'W Parcel Size: 15.80/25.89 acres, a total of 41.69 acres Existing Land Use: Sam's Club: Palm Beach County's Commercial High with a maximum 5 dwelling units per acre (CH/5) NorthStar: Institutional and Public Facilities (INST) Existing Zoning: Sam's Club: Palm Beach County's Commercial General (CG) NorthStar: Residential Multifamily (RM) Proposed Land Use: Local Retail Commercial (both properties) Proposed Zoning: Sam's Club: Planned Commercial Development (PCD) NorthStar: C-3 Community Commercial Proposed Use: No changes to current uses File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar Adjacent Uses: North: Developed commercial properties in unincorporated Palm Beach County, designated CH/5 and zoned CG. Farther north right-of-way of Hypoluxo Road. South: Undeveloped parcel designated High Density Residential (HDR) and zoned Multi -Family Residential (R-3), then townhomes (Pine Point Villas Condo) classified High Density Residential (HDR) and zoned Multi -family Residential (R-3). East: Right-of-way of Seacrest Boulevard, farther east single-family homes (San Castle subdivision) in unincorporated Palm Beach County, designated Medium Density Residential (MR -5) and zoned Residential Multifamily (RM); to the northeast, developed and vacant commercial properties in Lantana, designated and zoned C1 -Commercial. West: Right-of-way of Interstate I-95. EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the annexation and other relevant objectives and policies of the City's Comprehensive Plan. 2. The proposed amendment will benefit the City by contributing to the diversification of its economy and its tax base. 3. The proposed amendment would not create additional impacts on infrastructure that cannot be accommodated within existing capacities, or generate any negative impacts upon adjacent or nearby properties. PROJECT ANALYSIS The two properties which are the subject of this land use amendment total 41.69 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large- scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2009 calendar year. File Number: LUAR 09-002-ANEX 09-00? Sam's Club/North Star This proposed amendment is being reviewed Community Affairs (DCA). After transmittal and scheduled for adoption, tentatively in May 2009, for transmittal to the Florida Department oll DCA review, the proposed amendment will bt a. Whether the proposed rezoning would be consistent with applicable comprehensil,e plan policies including but not limited to, a prohibition against any increase dwelling unit density exceeding 50 in the hurricane evacuation zone without writter, approval of the Palm Beach County Emergency Planning Division and the City's nsk manager. The planning department shall also recommend limitations ),, requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is requested for developed properties and in conjunction with the application for annexation. The request is consistent with the City's annexation program as described in the following objective and policies in the Comprehensive Plan: Objective 1,15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. Policy1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes, and the Palm Beach Counts Annexation Policy. Policy 1, 15.2 The City shall utilize four methods of annexation.- 1, nnexation:1. Voluntary annexation; 2. Annexation by interlocal agreement with Palm Beach County; 3. Compliance with pre -annexation water service agreements from the City; and 4. Referendum. Policy 1. 15.3 The City shall require every property being annexed into the City to concurrently apply for land use amendment and rezoning to the City's adopted land use classification and zoning district. " The request is also consistent with Objective 1.17: Objective 1,17 The City shall pursue economic development opportunities to support a competitive and diversified economy, Sam's Club will contribute to the diversification of the City's economy and the City's fiscal profile, now overly dependent on the residential sector for its tax revenues. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning is requested for developed properties and in conjunction with the application for annexation. The uses of both properties have been long established under the File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar Palm Beach County's land use and zoning designations. No changes in use are planned for either property. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed amendment is requested in conjunction with an application for annexation. The existing Palm Beach County land use designation and zoning must be changed to the city land use designation and zoning district. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. As stated, the proposed land use amendment does not entail changes to current use of the subject properties. The addition of an accessory fuelling facility is currently planned for the Sam's Club (see the Master Plan review in the last section of this report); a carwash may be added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the future. Both planned additions represent minimal impact upon municipal services as described below. Traffic The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large proportion of shared trips between the two. The facility will be available exclusively to the Club's members and will require a membership card for pump activation. The trip characteristics' analysis done for similar projects indicate the internal trip capture of over 50%. Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a significant impact on the surrounding roadways. At the time of the site plan application for the respective additions, the concurrency traffic impact analysis or statement will be provided and will be reviewed by the County for consistency with the Pal Beach County Traffic Performance Standards ordinance. Potable Water and Sewer The City provides both water and sewer services to the Sam's Club property. The addition of a fuelling station will not have a significant effect on the site's overall water demand and, since Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a negligible impact. Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for, and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer system will be postponed. Moreover, the facility will continue to use well water for irrigation purposes. Water Demand Land Use Generation Ram I Units Total GDP E)dsting/ Proposed OfficWCrematorim 25 GPD per emplcy 16 400 Church 5 GPD per seat 120 600 1,000 4 File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar The future addition of a crematorium will have a marginal impact, accounted for in the above: table. The generation rates for office and church uses are applied in demand calculations for the existing funeral home and chapel buildings. Potable Water Facilities Water Plant Capacity* (peak day) 27,000,000 Committed capacity (actual flow + reserved capacity, peak day 23,622,289 Remaining capacity 3,377,711 SFWMD permitted withdrawals (average day) 21,490,000 Contracted amount to purchase from County 5,000,000 Expiration date of water use permit August 14, 2010 *Includes 5,000,000 contracted to purchase for Palm Beach County As shown, the projected increase in water demand is insignificant as compared to the remaining capacity. Likewise, the additional sewer capacity that would be required for the NorthStar cemetery in the future is minimal and can easily be accommodated by the City's facilities. Sewer Demand Land Use Generation Rate JUnits Total GDP Existing/ Proposed Office/Crematorim 25 GPD per employe 16 400 Church 5 GPD per seat 1120 600 1,000 Sanitary Sewer Facilities Sewer Treatment Capacity 24 MGD Committed or allocated capacity (MGD) 18.56 Available capacity (MGD) 2.72 Solid Waste The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10 -year planning period. Drainage Drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The use of the subject properties will not change; the proposed rezoning will be compatible with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club property is similar to the current County land use and zoning designations. The Local Retail Commercial land use classification is proposed for both the Sam's Club and the NorthStar property. Both properties would also have commercial zoning designations, with a PCD zoning requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a commercial enterprise, constitutes an appropriate transitional use between the high intensity commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of File Number: LUAR 09-002-ANEX 09-001 Sam's Club/NorthStar redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible potential for negative impact on nearby residential properties in the future. The proposed commercial land use and zoning designation for the NorthStar cemetery will accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather than a public use of the property. It should also be noted that the commercial zoning would accommodate the placement of a billboard on the cemetery property, pursuant to Florida Statutes and the 2001 settlement agreement between the City and two advertising corporations. The settlement allows for the placement of a set number of billboards at various locations along the I-95 right-of-way, subject to, in part, a residential separation standard and all applicable siting standards of Florida Statutes. The subject property would allow for the citing of one of the two remaining billboards allowed under the agreement, with minimal impacts on residential and other land uses. The requested C-3 zoning for the NorthStar property will require a code amendment, which staff will propose and initiate to be timed with ultimate adoption of the subject request. The code amendment is necessary as the current C-3 regulations only allow a funeral home as a permitted use and funeral home with a crematorium as a conditional use. The amendment would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3 zoning district. f. Whether the property is physically and economically developable under the existing zoning. The proposed reclassification/rezoning involves developed properties and is a necessary action in conjunction with an annexation. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning is reasonably related to the needs of the neighborhood and the city as a whole (see above sections "e" and 'T1 h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The proposed amendment is requested for the already developed properties and in conjunction with an application for annexation. No use changes are planned for either property. MASTER PLAN ANALYSIS FOR SAM'S CLUB When requesting to rezone property to a planned district, such as Planned Commercial Development (PCD), the applicant is required to submit a Master Plan depicting the location of site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan depicts the existing one-story, 134,100 square foot Sam's Club building situated in the southwest corner of the property, as well as a proposed Sam's membership gas station and carwash facility in the northeast corner of the property. 6 File Number: LUAR 09-002-ANEX 09-00 Sam's Club/NorthStar The plan depicts parking on all sides of the property, with the largest parking fields to the east. and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern edge, center and southern edge of the site. The site has traffic circulation completely around the site and existing and proposed structures, for ease of service delivery and emergency access. Planned Commercial District regulations establish setbacks and buffers in excess of standard commercial zoning districts. The existing 134,100 square foot building would exceed all of the district setback requirements; front — 40' required/355' provided, side — 30' required/45' & 270' provided, and rear — 40' required/65' provided. As for setback requirements applicable to the proposed gas and carwash facility, the code sets forth special setback regulations for gas stations, which would be met with the plan submitted; front — 35' required/36' proposed, side 20' required/555' & 130' proposed, and rear — 20' required/220' provided. Buffers are to be designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot landscape greenbelt area around the entire site. As this is a developed site, approved under Palm Beach County zoning regulations, the site, including numerous tree preservation easements, complies with this requirement, except for an approximate 190 foot long segment along the south side of the building abutting the cemetery property. Since only this small strip falls short of the PCD requirement, staff will require a denser planting scheme to be accomplished when the formal site plan is brought forward in the future to approve the gas and carwash facility addition. A final code provision of note within the special gas station regulations associated with Planned Commercial Development districts requires gas pump islands and associated canopies be located a minimum of 200 feet from any public right-of-way. As this requirement would place the fueling operations directly in front of the front door to the existing Sam's Club building and would displace the established and most convenient customer parking, staff suggests that a code amendment be undertaken to accommodate those properties requesting PCD zoning with existing improvements, which are annexed into the City. All other aspects of development review will be accomplished during the site plan review process associated with the previously mentioned future improvements. Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is not required as part of the rezoning. The applicant has suggested the possibility of modifying the site at some point in the future to accommodate a crematorium. When the applicant is ready to bring forward such a proposal, staff will initiate the necessary site plan review process. CONCLUSIONS/ RECOMMENDATIONS The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without creating additional impacts on infrastructure that cannot be accommodated within existing capacities, and without generating any negative impacts upon adjacent or nearby properties. Therefore, staff recommends that the subject request be approved. ATTACHMENTS S:\Planning\SHARED\WP\PROJECT\\Sams Club PB Memorial\LUAR 04-002\5TAFF REPORT ;arn sCluI PBMPmOual.or,_ SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A" LOCATION MAP LEGEND HDR - High Density Residential McDR- Medium Density Residential PPGI - Public & Private Governmental/Institutional miowi - City Boundary !N►� Vv <` /* E �� S 250 125 0 250 500 750 1 000 SEACREHT BOULEVARD ^'°'miorl POINT OF BEGINNING - A;fmn:i on, rE y � h 9 �a a 5 � za. cREH A"I I INTERIOR CLRAVEH NOT SHOWN +R oEslxlalo <slaEaow-s- nx11.-h •--Ed�'—r. �sa.tliss.ni1irnu N HNuA=acarcrul oo��. thElE u d1NU OH tl FVAH0. A Cr MOBi � { ciHWA�.IAHO BEING 2n D ttt l'SOl 11i Li INE N[ATI+�LINCEd M1E NE P.Ai IA tlE E GnR0EN5 E. G SW11 O] OEOHF 'S E 15 J I' 1 ENC[ NtW i11 B) CR :P E`. 11 YfEEs JD 1e- B J FE E 01 OECFEES DI' 59 EAST J PONT 111ENfS N RIH DEGREES S 1 A 1-1, 1—E . H 1 EC G' 19 I— 2-11 LEFT TO A T`u I. 111fJ+CE. NIWI1 BJ UE EES JO 16 KSi 12619 EEIT 1 E 5 IIN 01 UEGREFS OI 59 MSI, 1200 ICE TO A POINT' E E NORM B2 DEGREES B 1 E o A PdNI; NIE E SIX i. DECREES OI 59' CSi J EeEi 10 4 PANT' BIENCE. O[u2EEs JU a WES _ """ uN I F E ST RpIT of wAl -I p SIAIE ROU IE A vAR'AE3I M0 N6PUBIJ[TR 1 v; 1!iENCE —0 B E EAST ROHT Of WAY I NE CNSAID 1111F ( CGRFES 5 f E A CONI;REIE q fdl I:E. SW 111 "1 J_ E OJ DEGRECS 2± a. E 5 t, ECEl 1O + NI[N , .p li1 u ' ` 51511 IIIT I, E NpNi Y BE"•INITNt o a�1 0 1 L� a' 2 �I a E e SOPri'/I INTERIOR CLRAVEH NOT SHOWN +R oEslxlalo <slaEaow-s- nx11.-h •--Ed�'—r. �sa.tliss.ni1irnu N HNuA=acarcrul oo��. thElE u d1NU OH tl FVAH0. A Cr MOBi � { ciHWA�.IAHO BEING 2n D ttt l'SOl 11i Li INE N[ATI+�LINCEd M1E NE P.Ai IA tlE E GnR0EN5 E. G SW11 O] OEOHF 'S E 15 J I' 1 ENC[ NtW i11 B) CR :P E`. 11 YfEEs JD 1e- B J FE E 01 OECFEES DI' 59 EAST J PONT 111ENfS N RIH DEGREES S 1 A 1-1, 1—E . H 1 EC G' 19 I— 2-11 LEFT TO A T`u I. 111fJ+CE. NIWI1 BJ UE EES JO 16 KSi 12619 EEIT 1 E 5 IIN 01 UEGREFS OI 59 MSI, 1200 ICE TO A POINT' E E NORM B2 DEGREES B 1 E o A PdNI; NIE E SIX i. DECREES OI 59' CSi J EeEi 10 4 PANT' BIENCE. O[u2EEs JU a WES _ """ uN I F E ST RpIT of wAl -I p SIAIE ROU IE A vAR'AE3I M0 N6PUBIJ[TR 1 v; 1!iENCE —0 B E EAST ROHT Of WAY I NE CNSAID 1111F ( CGRFES 5 f E A CONI;REIE q fdl I:E. SW 111 "1 J_ E OJ DEGRECS 2± a. E 5 t, ECEl 1O + NI[N , .p li1 u ' ` 51511 IIIT I, E NpNi Y BE"•INITNt o a�1 0 'STAT -0 ROUTE NO. D 0-95) w— 5? r T m, snral'ar-r a.w. 1'(1!It) J /,1 AAL LAND SURVEYING SERVICES, /Nk x zz gv & �p rs.00' � SOPri'/I erw �vr w,m rrcr rm �_ Narorarr 1aa.u' , Nrm 'STAT -0 ROUTE NO. D 0-95) w— 5? r T m, snral'ar-r a.w. 1'(1!It) J /,1 AAL LAND SURVEYING SERVICES, /Nk x zz gv Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 1. Final disposition of the October 28, 2008 Planning and Development Board meeting Agenda items. Mr. Breese reported the following items were approved at the November 18, 2008 City Commission meeting: ✓ Casa Del Mar Site Plan Time Extension ✓ Sparkle Clean Car Wash Conditional Use ✓ National City Bank New Site Plan ✓ Palm Cove PUD Site Plan Time Extension ✓ Bru's Room Revocation of Conditional Use ✓ Jaffe Variance (Amber Barritt arrived at 6:33 p.m.) Attorney Alexander administered the oath to all who would be testifying. 6. Old Business None 7. New Business A. Sam's Club / Northstar Annexation 1. PROJECT: AGENTS: OWNER: LOCATION: DESCRIPTION Sam's Club / Northstar (ANEX 09-001) Bonnie Miskel and Scott Backman Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC West of North Seacrest Boulevard, South of Hypoluxo Road. 7233 Seacrest Boulevard and 3691 Seacrest Boulevard Request to annex the properties. Sam's Club / Northstar Land Use Amendment /Rezoning 2. PROJECT: Sam's Club / Northstar (LUAR 09-002) AGENTS: Bonnie Miskel and Scott Backman OWNER: Waimart Stores #8140 / Northstar Cemetery Services of Florida, LLC LOCATION: West of North Seacrest Boulevard, South of Hypoluxo Road. 7233 Seacrest Boulevard and 3691 Seacrest Boulevard 0 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on +41.49 acres of land from Commercial High (CFT/ 5) and Institutional (Palm Beach County) to Local Retail Commercial (LRC); and Request to rezone from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. Hanna Matras, Senior Planner, requested the Board consider the annexation, land use amendment and rezoning together and then approve or deny them by separate motions. The two properties comprised about 42 acres and per State requirements, required a Large Scale Amendment. The Board would be making a recommendation to the City Commission to transmit them to the Department of Community Affairs for a sufficiency review. Staff recommended approval of the requested items based on the requests being consistent with the annexations and other relevant objectives and policies of the Comprehensive Plan. The proposed amendment would benefit the City by contributing to the diversification of the City's economy and tax base, and the proposed amendment would not create additional impacts on infrastructure that could not be accommodated within existing capacity, nor would it generate negative impacts on adjacent nearby properties. (Mr. Poznak arrived at 6:35 p.m.) Bonnie Miskel, Attorney for the Northstar Cemetery and Sam's Club, was present to answer any questions of the Board. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Mr. Myott requested information about the County having difficulty with the application. Ms. Miskel explained, at one point, the County approached City staff about a traffic issue and the City held a meeting with all parties regarding concerns on the north end of the Sam's Club site. There was a roadway/driveway that brings the Sam's Club customers in off of Hypoluxo Road that was part of the Sam's Club property. The concern initially was the annexation would create an enclave to the west, which was an unrelated commercial property. It was determined an enclave would not be created. The applicants agreed, if it made it easier, to exclude the roadway and allow it to continue and the easements that were originally there would continue to the public. The parties met with the City Manager because the County wanted verification from the City Manager that the City was interested in the property, and the annexation was more of the City's interest than the applicants. Ms. Miskel explained it was a mutual interest. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Ms. Matras explained, if the City Commission desired to proceed with the annexation request, the City would begin annexing the remaining parcels to the west after the Sams Club and Northstar annexation was formally adopted. The City would meet with the Palm Beach County Sheriff regarding an interlocal agreement regarding service for the area during the months in which the issue would be active. These annexations would later require a Small Scale Amendment. Chair Jaskiewicz explained the next item pertained to changing the Land Use Map, the Future Land Use classification and rezoning from Palm Beach County Commercial and Residential Multi -Family to Planned Commercial Development and C-3 Community Commercial. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Mr. Myott inquired if any further developments for the property were planned. Ms. Matras explained Sam's Club was planning a fueling facility. They were requesting a planned commercial district and the staff report included a view of their preliminary master plan. A car wash may also be included. The Northstar Cemetery would be adding a crematorium, but it was not clear when they would proceed with the request. Chair Jaskiewicz inquired about the billboard and if it pertained to the Cemetery and Sam's Club. Ms. Miskel explained the billboard was intended to be located on the Cemetery property somewhere along the 1-95 corridor. There was a lawsuit that was settled pertaining to the property and the billboard and an agreed order was issued. The billboard would be consistent with the agreed order. Chair Jaskiewicz noted it was distressing to see a billboard because in the 90's the City worked to eliminate them. Ms. Miskel also noted since it was Cemetery property, they intended to locate the sign in a way so as not to impact the Cemetery operation. The sign would be far enough away from the residential area that it would not be seen by the residents. They would attempt to hide it from other interior views and situate it so it would only be seen from 1-95. The purpose of including the Cemetery property in the request was because it would not be contiguous without the property. Another reason was because the Cemetery was also interested in being located within the City for use of its water, sewer and other utilities. The property was mapped to be within City limit. It was noted they were also planning another building in the future. Attorney Alexander advised three separate motions were needed. The first motion pertained to annexation of properties for the Cemetery and Sam's Club 21 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Motion Mr. Myott so moved. Ms. Barritt seconded the motion that unanimously passed. The next motion was for the land use amendment and rezoning as contained on the staff report. Motion Mr. Myott so moved. Mr. Barnes seconded the motion. Mr. Myott clarified his motion to approve the Comprehensive Plan and Future Land Use Map of the Sam's Club parcel and the Cemetery from Commercial High CH/5 and Institutional (Palm Beach County), to Local Retail Commercial (LRC) and request to rezone from Palm Beach County Commercial General (CG) and Residential Multi -Family (RM). It was requested just the Comprehensive Plan and Future Land Use Map portion be approved. Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map. Ms. Barritt seconded the motion that unanimously passed. Motion Mr. Myott moved to approve the request to rezone from Palm Beach County General (CG) and Multi -family Residential, RM to Planned Commercial Development (PCD) and C-3 Community Commercial. Ms. Killian seconded the motion that unanimously passed. B. New Urban High Ridge Land Use Amendment / Rezoning 1. PROJECT: New Urban High Ridge (LUAR 09-001) AGENT: Timothy L. Hernandez OWNER: New Urban High Ridge, LLC LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on +18.44 acres of land from Medium Density Residential to Industrial and; Request to rezone from Planned Unit Development (PUD) to M-1, Industrial. Ms. Matras presented the request and noted the request was also a large scale amendment requiring approval by the Department of Community Affairs, if approved by the City Commission. She explained the City annexed the property in 2005. The first site plan was a mix of townhomes and single-family homes. There were some issues with the county pertaining to the landscaping of High Ridge Road. The applicant requested a time 5 VIII. -PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlvi Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report to �� NATURE OF ❑ Administrative ❑ New Business rn ..— AGENDA ITEM ❑ Consent Agenda ® Legal ""� �ca ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ® Public Hearing ❑ RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08- 093. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: New Urban High Ridge (LUAR 09-001) Timothy L. Hernandez New Urban High Ridge, LLC Northwest corner of High Ridge Road and Miner Road Request to amend the Comprehensive Plan Future Land Use Map classification on +18.44 acres of land from Medium Density Residential to Industrial and; PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /A y aly-o Devel ' mehf D artmeri Director Request to rezone from Planned Unit Development (PUD) to M-1, Industrial. City Manager's Signature Assistant to City Manager C✓� 11.1 Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 09-001\Agenda Item Request New Urban High Ridge LUAR 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 09- 2 3' AN ORDINANCE OF THE CITN' OF BOYNTON 4'' BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5i! BY AMENDING THE FUTURE LAND USE ELEMENT 6; OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY NEW URBAN HIGH RIDGE, LLC., AND 81 i LOCATED ON THE NORTHWEST CORNER OF HIGH 911 RIDGE ROAD AND MINER ROAD; CHANGING THE 101 LAND USE DESIGNATION FROM MEDIUM DENSITY 11 RESIDENTIAL (MEDR, 9.68 DU/AC) TO INDUSTRIAL; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 13 AN EFFECTIVE DATE, 14 15 WHEREAS, the City Commission of the City of Boynton Beach. Florida has adopted 1611 a Comprehensive Future Land Use Plan and as part of said Plana Future Land Use Element I ,I 171 pursuant to Ordinance No. 89-38 and in accordance with the Local Government G 181 Comprehensive Planning Act; and 191, WHEREAS, the procedure for amendment of a Future Land Use Element of a f� 2 0;1 j Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and I� 21 I , WHEREAS, after two (2) public hearings the City Commission acting in its dual 221 capacity as Local Planning Agency and City Commission finds that the amendment 231 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 241 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 2 6 f NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 27! CITY OF BOYNTON BEACH, FLORIDA, THAT: i 2 8 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 9 1 1 herein by this reference. If S \CA\Ordin races\Plannmg\Land Use\Ne)w Urban High Ridse.doc St -1 16 17 18 19 20 21 22 23 24 25 261 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located on the Northwest corner of High Ridge Road and Miner Road changing the land use designation from Medium Density Residential (MeDR, 9.68 du/ac) to Industrial: See legal description attached hereto as Exhibit "A" CONTAINING APPROX.18.44 ACRES OF LAND. Subject to easements, restrictions, reservations, covenants and rights- of-way of record. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Section 163.3184, F.S. FIRST READING this day of S:\CA\Ordinances\Planning\Land Use\New Urban High Ridge.doc -2- 2009. 01 2: 3! 41 6 711 9! 10 11 12 13, 14 151 16C 17 18 19 20 211 221 23 24 25 26 SECOND. FINAL READING and PASSAGE this day of 00 CITY OF BOYNTON BEACH, FLORID,1 ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S \C'A\OrdinanL:es\Plannin-,\I,and Us6NnN Crban Mph Ridge doc Mayor -- Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner —Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross LEGAL DESCRIPTION: HIGH RIDGE PUD - REPLAT PARCEL 1 LOTS 168 THROUGH 174, INCLUSIVE, TOGETHER WITH A PORTION OF TRACT B-1, AND HAMILTON HARBOUR CIRCLE, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD; THENCE SOUTH 01050'29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 145.59 FEET TO THE SOUTH LINE OF SAID LOT 169 AND THE NORTHERLY RIGHT- OF- WAY LINE OF PORT ROYAL CIRCLE, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, NORTH 88°09'31" WEST, ALONG THE SOUTH LINE OF SAID LOTS 168 AND 169 ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PORT ROYAL CIRCLE, A DISTANCE OF 118.24 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1050.00 FEET, AND A CENTRAL ANGLE OF 00°11'26"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 3.49 FEET TO THE TERMINUS OF SAID CURVE AND THE WESTERLY LINE OF SAID LOT 168; THENCE, DEPARTING SAID SOUTH LINE AND RIGHT-OF-WAY LINE, NORTH 01°24'01" WEST ALONG THE WEST LINE OF SAID LOT 168, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 138.48 FEET TO THE NORTH LINE OF SAID HIGH RIDGE PUD; THENCE DEPARTING SAID WEST LINE, NORTH 88035'59" EAST, ALONG THE NORTH LINE OF SAID HIGH RIDGE PUD, A DISTANCE OF 129.77 FEET TO THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD AND THE POINT OF BEGINNING. PARCEL -2 LOTS 134 THROUGH 159, INCLUSIVE, TOGETHER WITH HAPPY VALLEY PLACE, HORSESHOE BAY LANE, AND BOAZ PLACE, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD; THENCE SOUTH 01050'29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 195.59 FEET TO THE NORTHEAST CORNER OF LOT 147, AND THE SOUTHERLY RIGH'I -OF-` IA"y' LINE OF POR,\ RO'S .AI CIRCLI_. m -'IN, a i 11. 11, 11"I I I\ %N`IDTH. ACCORDING TO SAID IH(iII RID61' PUD. ,\ND Hit: N )IN IOf. BEGINNING-. THENCE. CONTINUING SOt' I l f 01'50"W" \N I:S I EAST LINT. AND WESTERLI' RlGl1"I-OF-ti�':�l" L.1N1.. 1 DIS l :SNC L O1 ')17,00 FEET 1'0 _ FIF SOUTHFIAS'I CORNER OI- IJ )T 140 AND 1111. Nt )R I HERLI RIGHT -OF- WAY LINE OF BELMON1 BEING FIf--JY I'LLT IN u'IDTI L ACCORDING TO SAID HIGH RIDGE: PUD: 111ENC'L-, DEPARTING S_�ID I -_-NSI LINE AND WESTERLY RIGHT-OF-W;,\Y LINE, NORTH 8809';1 �' V'ES'L ALONG THE SOt'TH LINE OF SAID LOTS 134 THROUGH 139. INCLUSIVE. AND ALSO BEING THE NORTHERLY RIGH_ -OF-WAY LINE OF SAID BEI NIONT WAY. A DISTANCE OF 132.50 FEET; THENCI: NORTH 43°09',1 " WEST. A DIS_ ANCI-: OI - 10.61 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF LITTLE SOUND DRIVE, FORTY FIVE FEET IN WIDTI L ACCORDING TO SAID HIGI f RIDGE PUD: THENCE, DEPARTING SAID SOUTH LINF: OF LOTS AND NORTHERLY RIGHT-OF-WAY LINE, NORT1-1 01`50'21)" E.,\ST, .,\LONG SAID E;,\STFRL 1' RIGHT-OF-WAY LINE, A DISTANCE OF 301.76 FEET: T_IENCE NORTH 46'10';2" EAST, A DISTANCE OF 10.71 FEET TO HIF NORTH LINE Of, LOT -�8. ACCORDING TO SAID HIGH RIDGE Pt D. AND THE SOUTHERLY' RIGHT-OF- WAY LINE OF SAID PORT ROYAL CIRCLE BEING A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1000.00 FEET. A CENTRAL ANGLE OF 00049'01", AND A RADIAL BEARING AT THIS POINT OF SOUTH 01001'28" WEST; THENCE DEPARTING SAID EASTERLY LINE OF LITTLE SOUND DRIVE, ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 14.26 FEETTO THE POINT OF TANGENCY: THENCE. CONTINUING, ALONG SAID SOUTHERLY RIGHT-OF-W.A1)' LINE. SOUTH 88°09'31" EAST, A DISTANCE OF 118.24 FEEL I'0 SAID NORTHEAST CORNER OF LOT 147 AND THE POINT OF BEGINNING. PARCEL -3 LOTS 79 THROUGH 112, INCLUSIVE, TOGETHER WITH SOUND VIEW PLACE, WILLIAMS LANE, AND CAVELLO PLACE, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH y3, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: BEING \IORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD.- THENCE UD:THENCE SOUTH 01°50'29" WEST. ALONG TIIE EAST LINE OF SAID HIGII RIDGE PUD, ALSO BEING THE \VF,STERLY RIGIIT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DIST.-,\NCE OF 562.51) FEET TO THE NORTHEAST CORNER OF LOT 98, THE SOUTHERLY RIGIIT-OF- WAY LINE OF BELMONT WAY, BEING FIFTY FEET IN w'IDTH, ACCORDING TO SAID HIGH RIDGE PUD, AND THE POINT OF BEGINNING: THENCE CONTINLING SOUTH 01050'29" WEST .ALONG SAID EAST LINE AND WESTERLY RIGHT-OF-NVAY LINE, A DISTANCE OF 417.35 FEET TO 111E SOUTHEAST CORNER OF LOT- 84 AND THE NORTHERLY RIGHT -OF -WA`' LINE OF SOUND VIEW WAY, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, NORTH 88°09'31" WEST, ALONG THE SOUTH LINE OF SAID LOTS 79 THROUGH 84, INCLUSIVE, AND ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SOUND VIEW WAY, A DISTANCE OF 132.50 FEET; THENCE NORTH 43°09'31" WEST, A DISTANCE OF 10.61 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF LITTLE SOUND DRIVE, OF VARYING WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPARTING SAID SOUTH LINE OF LOTS AND NORTHERLY RIGHT- OF-WAY LINE, NORTH 01°5029" EAST, ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 402.35 FEET; THENCE NORTH 46°50'29" EAST, A DISTANCE OF 10.61 FEET TO THE NORTH LINE OF LOTS 96 THROUGH 101, INCLUSIVE, AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BELMONT WAY, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 88°09'31" EAST, ALONG THE NORTH LINE OF SAID LOTS 96 THROUGH 100, INCLUSIVE, AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 132.50 FEET TO SAID NORTHEAST CORNER OF LOT 96 AND THE POINT OF BEGINNING. PARCEL 4 PART OF LOT 1, TOGETHER WITH LOTS 2 THROUGH 68, INCLUSIVE, TRACTS OS -1, OS -2, WATFORD PLACE, TUCKER LANE, AND A PORTION OF BRADLEY WAY, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD; THENCE SOUTH 01050'29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 1029.94 FEET TO THE NORTHEAST CORNER OF LOT 40, THE SOUTHERLY RIGHT-OF- WAY LINE OF SOUND VIEW WAY, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD, AND THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 01 050'29" WEST ALONG SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 602.96 FEET; THENCE, DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, SOUTH 46°11'53" WEST, A DISTANCE OF 13.62 FEET TO THE NORTHEAST CORNER THE 15 FOOT WIDE LANDSCAPE BUFFER EASEMENT AND THE SOUTHERLY LINE OF SAID LOTS 1 THROUGH 17; THENCE, SOUTH 88°07'03" WEST, ALONG THE SOUTH LINE OF SAID LOTS 1 THROUGH 17, AND SAID NORTHERLY LINE OF THE 15 FOOT WIDE LANDSCAPE BUFFER EASEMENT, A DISTANCE OF 401.62 FEET; THENCE, DEPARTING SAID SOUTH LOT LINE AND NORTHERLY BUFFER EASEMENT LINE, NORTH 01 °49'01 " WEST, A DISTANCE OF 75.53 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF BRADLEY WAY ACCORDING TO SAID HIGH RIDGE PUD, TWENTY FEET IN WIDTH, AND THE SOUTHERLY LINE OF SAID LU"I 68. ACCORDING I'U SAID HIGH RIDGE I'(JD: THENCE. SOL"TH 88010'39" WES'l . ALONG SAID NOWIT F,RLS' RIGHT - I -WA) LINE AND SAID SOUTHERLY' LINE. A DISTANCF OF 4.97 FEE I I'O THI_ BEGINNING OF A CURVE CONCAVI TO H llI NOR I'HFAS I . HAVING A RADIUS OF 13.00 FEET. AND A CENTRAL A\GLL OF O�`3R'30': 'II-fENCE WESTERLY .AND NORTHERLY. ALONG HII- ARC' OF SMD 1,'(1RVE l DISTANCL OF 24.34 FEET TO THE: POINT OF I'A\GFNCY: THENCF, NORTI I 01°09'29" EAST, ALONG KITE WI`S"TERL)' LINE OF SAID L01 1)8 AND EASTERLY" RIGHT-OF-VA'AY OF SAID BRADL[ �' A DISTANCI_ OI(4.3� FEET TO "THE NORTHWEST CORNER OF SAID 1,01 (-)8 AND "hHE SOf'TIfERL) RIGIIT-OF-WAY LINE OF PAGET C'IRC'LE. AND TML NOR'I HERD" LINK: (_)I - LOTS 63 THROUGH 68, ACCORDING TO SAID HIGH RIDGE PL_iD; 'IHENC'I-: NORTH 88010'39" EAST, ALONG SAID NORTHERLY LINE ,1ND SOIJ_1 HERI,Y RIGHT-OF-WAY LINE, A DISTANCE: OF 232.10 FEET TO TIIF BEGINNING OFA CURVE BEING CONCAVE TO THE NORTHWEST, IIAVING A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 86`20'30": THENCE, DEPARTING SAID NORTHERLY LINE, ALONG THE ARC OF SAID C'LIRVE AND NOW WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 103.49 FEET TO THE POINT OI TANGENCY; THENCE, CONTINUING, ALONG SAID RIGH'1-OF-W�\)' LINE, AND NOW BEING THE WESTERLY LINE OF SAID LOTS 16. 17, 18. _ 7. AND 28 NORTH OI °50'29" EAST. A DISTANCE OF 36_2,43 FEET: THENCI: NORTH 46050'29" EAST, A DISTANCE OF 10.61 FEET "TO THE NORTH LINE OF SAID LOT 28 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SOUND VIEW WAY: THENCE, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINT ,AND WESTERLY LOT LINE, SOUTI1 88"09'31 " EAST. ALONG THE NORTH LINE OF SAID LOTS 28 THROUGH 30, INCLUSIVE. AND SAID SOUTHERLY RIGHT-OF- WAY LINL-, A DISTANCE. OF 132.30 FEET TO SAID NORTHEAST C'(')RNER OF LOT 30 AND THE POINT OF BEGINNING. 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 ORDINANCE NO. 09- t: t AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NEW URBAN HIGH RIDGE, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) TO M-1 INDUSTRIAL DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, New Urban High Ridge LLC., owner of the property located on the northwest corner of High Ridge Road and Miner Road in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Timothy L. Hernandez, pursuant to Section 9 of Appendix A -Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Planned Unit Development (PUD) to M-1 Industrial District; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of S \CA\Ordinances'Planning\Rezoning\Rezoning-New Urban High Ridge.doc 1 said C -M to amend the aforesaid Revised Zoning Map as hereinafter set forth. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing Whereas clauses are true and correct and incorporated 5` 6'! 711 8 9 10 11 12 13 14 15 16 17 herein by this reference. Section 2. The following described land located on the Northwest corner of l-ligh Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows: See Legal Description attachal as Exhibit "A" CONTAINING APPROX. 18.44 ACRES OF LAND. Subject to easements, restrictions. reservations, covenants and rights-of-way of record. be and the same is hereby rezoned from Planned Unit Development (PUD) to M-1 Zoning District. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance 1811 by reference. 19{ 201 i i 21 221 23' 24 k 251 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby h I repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section b. T his ordinance shall become effective immediately upon passage. FIRST READING this day of 2009. S%('A\()rdinances\Plannin,,�Rezoning,Rczunine-Nc A I:rban I IiRh Ridge duc 1, SECOND, FINAL READING and PASSAGE this day of , 2009. 2'' 3 4 6' 7 8, 9,i 10, 11 I, 12! 13 14'' 15 j 16 17 18 19 20 21 22 23 24 ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross S.\CA\Ordinances\Planning\Rezoning\Rezoning-New Urban High Ridge.doc LEGAL DESCRIPTION: HIGH RIDGE PLED - REPLA"l PARCEL] LOTS 168 THROUGH 174, INCLUSIVE, TOGETHER WITH A PORTION OF TRACT B-1, AND HAMILTON HARBOUR CIRCLE, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93. INCLUSIVE. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD; THENCE SOUTH 01050'29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 145.59 FEET TO THE SOUTH LINE OF SAID LOT 169 AND THE NORTHERLY RIGHT- OF- WAY LINE OF PORT ROYAL CIRCLE, BEING FIFTY FEET IN WIDTH. ACCORDING TO SAID HIGH RIDGE PUD; THENCE DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, NORTH 88°09'31" WEST, ALONG THE SOUTH LINE OF SAID LOTS 168 AND 169 ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PORT ROYAL CIRCLE, A DISTANCE OF 118.24 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH. HAVING A RADIUS OF 1050.00 FEET, AND A CENTRAL ANGLE OF 0001126"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 3.49 FEET 1.0 THE TERMINUS OF SAID CURVE AND THE WESTERLY LINE OF SAID LOT 168; THENCE, DEPARTING SAID SOUTH LINE AND RIGHT-OF-WAY LINE, NORTH O1°24'01" WEST ALONG THE WEST LINE OF SAID LOT 168, AND THE NORTHERLN' EXTENSION THEREOF, A DISTANCE OF 138.48 FEET TO "THE NORTH LINE OF SAID HIGH RIDGE PUD: THENCE DEPARTING SAID WEST LINE, NORTH 88°35'59" EAST.. ALONG THE NORTH LINE OF SAID HIGII RIDGI PUD. A DISTANCE OF 129.77 FEET TO THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD AND THE POINT OF BEGINNING. PARCEL 2 LOTS 134 THROUGH 159, INCLUSIVE, TOGETHER WITH HAPPY VALLEY PLACE. HORSESHOE BAY LANE, AND BOAZ PLACE, HIGH RIDGE PUD. ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93. INCLUSIVE. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD. THENCE SOUTH 01050'29" WEST, ALONG THE FAST LINE OF SAID HIGH RIDGE 'PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 195.59 FEET TO THE NORTHEAST CORNER OF LOT 147, AND THE SOUTHERLY RIGHT-OF-WAY LINE OF PORT ROYAL CIRCLE, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD, AND THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 01'50'29" WEST ALONG SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 317.00 FEET TO THE SOUTHEAST CORNER OF LOT 140 AND THE NORTHERLY RIGHT -OF- WAY LINE OF BELMONT WAY, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, NORTH 88°09'31" WEST, ALONG THE SOUTH LINE OF SAID LOTS 134 THROUGH 139, INCLUSIVE, AND ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BELMONT WAY, A DISTANCE OF 132.50 FEET; THENCE NORTH 43°09'31" WEST, A DISTANCE OF 10.61 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF LITTLE SOUND DRIVE, FORTY FIVE FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPARTING SAID SOUTH LINE OF LOTS AND NORTHERLY RIGHT-OF-WAY LINE, NORTH 01-50'29" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 301.76 FEET; THENCE NORTH 46°19'32" EAST, A DISTANCE OF 10.71 FEET TO THE NORTH LINE OF LOT 58, ACCORDING TO SAID HIGH RIDGE PUD, AND THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID PORT ROYAL CIRCLE BEING A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 00049'01", AND A RADIAL BEARING AT THIS POINT OF SOUTH 01001'28" WEST; THENCE DEPARTING SAID EASTERLY LINE OF LITTLE SOUND DRIVE, ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 14.26 FEET TO THE POINT OF TANGENCY; THENCE, CONTINUING, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 88°09'31" EAST, A DISTANCE OF 118.24 FEET TO SAID NORTHEAST CORNER OF LOT 147 AND THE POINT OF BEGINNING. PARCEL 3 LOTS 79 THROUGH 112, INCLUSIVE, TOGETHER WITH SOUND VIEW PLACE, WILLIAMS LANE, AND CAVELLO PLACE, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD; THENCE SOUTH 01050-29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 562.59 FEET TO THE NORTHEAST CORNER OF LOT 98, THE SOUTHERLY RIGHT-OF- WAY LINE OF BELMONT WAY, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD, AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01050'29" WEST ALONG SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 417.35 FEET TO THE SOUTHEAST CORNER OF LOT 84 AND THE NORTHERLY RIGHT-OF-WAY LINE OF SOUND VIEW WAY, BEING FIFTY FEET IN WIDTH, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, DEPAR'T'ING SAID EAST LINE ALND WESTERLY RIGHT-OF-WAY LINE, NORTH 88`09'31" WEST. ALONG TI IF SOUTH LINE OF SAID LOTS 79 THROUGH 84. INCLUSIVE. AND ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE, OF SAID SOUND VIE\>4' % DISTANCE OF 132.50 FEET, THENCE NORTH 43°09'31 " WEST. A DIST-.hNC'F OF 10.61 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF LITTLE SOUND DRIVE, OF VARYING WIDTH, ACCORDING TO SAID HIGH RIDGE PUD: THENCE. DEPARTING SAID SOUTH LINE OF LOTS AND NORTHERLYRIGHT- OF-WAY LINE, NORTH 01050'29" EAST. ALONG SAID EASTERLY RIGHT-OF- WAY LINE. A DISTANCE OF 402.35 FEET; THENCE NORTH 46°50'29" EAST, A DISTANCE OF 10.61 FEET TO THE NORTH LINE OF LOTS 96 THROUGH 101. INCLUSIVE, AND THE SOUTHERLY RIGHT-OF-\k'.AY LINE OF SAID BELMONF WAY, ACCORDING TO SAID HIGH RIDGI: PUD; 'I"HENCE, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 88°09'31" EAST. ALONG THE NORTH LINE OF SAID LOTS 96 THROUGH 100. INCLI iSIVE, AND SAID SOU I'HERLY RIGHT-OF-w'AY LINE, A DISTANCE OF 132.50 FEI`_T TO SAID NORTHF.,IST CORNER OF LOT 96 AND THE POINT OF BEGINNING. PARCEL 4 PART OF LOT 1, TOGETHER WITH LOTS 2 THROUGH 681, INCLUSIVE, TRAC'T'S OS -1, OS -2, WATFORD PLACE, TUCKER LANE, AND A PORTION OF BRADLEY WAY, HIGH RIDGE PUD, ACCORDING TO PLAT BOOK 109, PAGES 90 THROUGH 93, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID HIGH RIDGE PUD: THENCE SOUTH 01°50'29" WEST, ALONG THE EAST LINE OF SAID HIGH RIDGE PUD, ALSO BEING "THE WESTERLY RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD, BEING EIGHTY (80') FEET IN WIDTH, A DISTANCE OF 1029.94 FEET TO TME NORTHEAST CORNER OF LOT 40, THE SOUTHERLY RIGHT-OF- WAY LINE OF SOUND VIEW WAY, BEING FIFTY FEET IN WIDTH. ACCORDING TO SAID HIGH RIDGE PUD, AND THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 01"50'29" WEST ALONG SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 602.96 FEET; THENCE. DEPARTING SAID EAST LINE AND WESTERLY RIGHT-OF-WAY LINE. SOUTH 46°11'53" WEST, A DISTANCE OF 1-1.62 FEET 'TO 'THE NORTHEAST CORNER THE 15 FOOT WIDE LANDSCAPE BUFFER EASEMENT AND THE SOUTHERLY LINE OF SAID LOTS 1 THROUGH 17; THENCE, SOUTH 88°0703" WEST, ALONG THE SOUTH LINE OF SAID LOT'S 1 THROUGH 17, AND SAID NORTHERLY LINE OF THE 15 FOOT WIDE LANDSCAPE BUFFER EASEMENT. A DISTANCI- OF 401.62 FEET; THENCE, DEPARTING SAID SOUTH LOT LINE AND NORTHERLY BUFFER EASEMENT LINE, NORTH 01"49'01" WEST. A DISTANCE OF 75.53 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF BRADLEY WAY ACCORDING TO SAID HIGH RIDGE PUD, TWENTY FEET IN WIDTH, ,AND THE SOUTHERLY LINE OF SAID LOT 68, ACCORDING TO SAID HIGH RIDGE PUD; THENCE, SOUTH 88-10'59" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE, A DISTANCE OF 4.97 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET, AND A CENTRAL ANGLE OF 92°58'30"; THENCE WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 24.34 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01-09'29" EAST, ALONG THE WESTERLY LINE OF SAID LOT 68 AND EASTERLY RIGHT-OF-WAY OF SAID BRADLEY WAY, A DISTANCE OF 94.35 FEET TO THE NORTHWEST CORNER OF SAID LOT 68 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF PAGET CIRCLE, AND THE NORTHERLY LINE OF LOTS 63 THROUGH 68, ACCORDING TO SAID HIGH RIDGE PUD; THENCE NORTH 88010'59" EAST, ALONG SAID NORTHERLY LINE AND SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 232.10 FEET TO THE BEGINNING OF A CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 86°20'30"; THENCE, DEPARTING SAID NORTHERLY LINE, ALONG THE ARC OF SAID CURVE AND NOW WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 105.49 FEET TO THE POINT OF TANGENCY; THENCE, CONTINUING, ALONG SAID RIGHT-OF-WAY LINE, AND NOW BEING THE WESTERLY LINE OF SAID LOTS 16, 17, 18, 22, 27, AND 28 NORTH 01050'29" EAST, A DISTANCE OF 362.43 FEET; THENCE NORTH 46050'29" EAST, A DISTANCE OF 10.61 FEET TO THE NORTH LINE OF SAID LOT 28 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SOUND VIEW WAY; THENCE, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND WESTERLY LOT LINE, SOUTH 88°09'31" EAST, ALONG THE NORTH LINE OF SAID LOTS 28 THROUGH 30, INCLUSIVE, AND SAID SOUTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 132.50 FEET TO SAID NORTHEAST CORNER OF LOT 30 AND THE POINT OF BEGINNING. NEW URBAN HIGH RIDGE LOCATION MAP 17- . . . . . . . . . . . . TOM A TOE RD LU P;L .fi . . . . . . . . . . . . . . . . . FO!RtT, FORE� T' Uj SITE ,1 Tf LDR: MINER RD- not in city zi, 90 , g "ass. IS/ LEGEND 1 -DR - Low Density Residential MeDR- Medium Density Residential I - Industrial PPGI - Public & Private Governmentallinstitutional DRI - Development of Regional Impact welmir - City Boundary Not ". 270 0 270 540 go- , AMP920TEi DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 08-093 TO: Chair and Members Planning and Development Board FROM: Hanna Matras Senior Planner / i THROUGH: Michael W. Rumpf. - Director of Planning and Zoning DATE: November 10, 2008 PROJECT NAME/NUMBER: New Urban High Ridge/LUAR 09-001 REQUEST: Request to amend the Future Land Use Designation from Medium Density Residential (with a maximum density of 9.68 dwelling units per acre) to Industrial (with a maximum FAR of 0.50) and rezone from Planned Unit Development (PUD) to M-1 Industrial District. PROJECT DESCRIPTION Property Owner: New Urban High Ridge LLC Applicant/Agent: New Urban High Ridge/Timothy L. Hernandez Location: Northwest corner of High Ridge Road and Miner Road (Exhibit ',A„) Parcel Size: ±18.44 acres Existing Land Use: Medium Density Residential (MeDR, 9.68 du/ac) Existing Zoning: PUD, Planned Unit Development Proposed Land Use: Industrial (max F.A.R. of 0.50) Proposed Zoning: M-1 Industrial District Proposed Use: industrial File Number: LUAR 09-001 New Urban High Ridge Adjacent Uses: North: Single family homes in unincorporated Palm Beach County, designated LR -2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (flex space warehouse of High Ridge Commerce Center) designated Industrial (I) and zoned M-1 Industrial; to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (IND) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates with single family homes and townhomes (townhomes built at 8.04 du/acre), designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the southwest, Cedar Ridge and High Ridge Commerce Park, developed properties designated Industrial (I) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the relevant policies in the Comprehensive Plan that encourage rezoning to industrial uses as well as with the recommendations of the 2006 "Analysis of the M-1 Zoning District" report. 2. The proposed amendment is of great benefit to the City given the acute shortage of industrial land. Industrial uses diversify the economy and create jobs, lessening impacts of economic downturns. 3. The proposed amendment would not create additional impacts on infrastructure that cannot be accommodated within existing capacities. 4. The potential negative impacts on the surrounding residential neighborhoods can be minimized through adequate screening and buffering and the project's design. PROJECT BACKGROUND The property was annexed to the City in May 2005 and approved for Medium Density Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the File Number: LUAR 09-001 New Urban High Ridge concurrently approved master plan and the site plan approved in September 2005, the project included 174 for -sale residential units - 48 single family homes and 126 townhomes. In December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan time extension of 1 year for the project. At that time, the delay in securing permits was caused by utility problems and prolonged negotiations with the Palm Beach County regarding the landscaping within the right-of-way of High Ridge Road — issues unrelated to the state of the residential market, which, however, softened considerably. The recent analysis of the City's residential sales indicate that the townhome market reached its peak in 2005, while the single family home prices peaked in 2006. By the end of 2007, as the market continued to worsen, the developer requested a major site plan modification. The modification, approved in December 2007, eliminated the townhomes and proposed 110 single-family homes, reducing the total number of units by 64. In the first half of 2008, the sales prices in the City were off from their peaks by over 40% for single-family homes and 27% for townhomes. The number of foreclosures has been rising; moreover, the tightening of the credit markets escalated in the third quarter of 2008, substantially reducing access to mortgage loans. Given the current environment and the low likelihood for its significant improvement during at least the next twelve months, the project as approved is not financially feasible. GENERAL POLICY CONSIDERATIONS The residential market boom left the City with a scarcity of industrially -zoned land. The rezonings from industrial and commercial districts for residential uses started in the year 2000 with an approval of a residential development in the Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not including Quantum, which retained its Planned Industrial Development zoning designation even though a large percentage of its acreage has been converted to uses other than industrial. The loss of industrial land has occurred simultaneously within unincorporated Palm Beach County and most of its other municipalities. This trend's negative impact on the local economies in terms of future jobs, availability of services and tax bases has been recognized by the county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in the report produced by the IPARC-hired consultants in 2007. In addition, the consultants created a second report, which include a zoning toolkit for modern light industrial districts. Michele Mellgren and Associates, Inc., provided a review of the City's M-1 zoning district in 2006. Likewise, the study noted the potential negative effects of the continuous overall decline in the amount of industrial land in Boynton Beach and found the current M-1 regulations unaccommodating to the changing market trends. The report stated: "Industrial lands are valuable to a municipality based on benefits of stability and diversity, cost of public services and employment resources". The general recommendation was that the City should preserve and expand industrial land when appropriate in order to enhance economic viability. PROJECT ANALYSIS The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. 3 File Number: LUAR 09-001 New Urban High Ridge Following advisory board review and the City Commission public hearing, a "large-scale amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Followinc; the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment ana inform DCA of that decision. According to Florida Statutes Chapter 163, iarge-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the Vt round of amendments for the 2009 calendar year. This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May 2009, Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is generally compatible with the Comprehensive Plan policies. Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read: "Areas adjacent to industrially -designated lands shall be considered for redesignation to industrial use if adequate lot consolidation to prevent piecemeal encroachment into adjacent neighborhoods is available provided that adequate screening and buffering is provided. "(1.4.2) " The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the Citvs neighborhoods and community character. "(1.17.1) Given the acute shortage of developable industrial land in the City, the amendment is beneficial as it would contribute to a much needed diversification of the economy and create employment opportunities. It would also strengthen the tax base, and at the same time lower the future claims on City's revenues by replacing residential use with one that generates lower demand for City's services. These arguments need to be weighted against potential land use conflicts with adjacent residential neighborhoods. File Number: LUAR 09-001 New Urban High Ridge The proposed amendment runs against the recommendations of the High Ridge Road Corridor Study, published by Palm Beach County in 1997. The study has not been adopted but it is intended for local governments as an informational item to be considered at the time of annexation and /or development approval for any of the reviewed sites. The objectives of the study include maintaining the predominantly residential character of the area, keeping densities and housing types in new residential projects consistent with those in existing developments and limiting access and traffic on High Ridge Road (the subject property is located in the southernmost vicinity of the study, Area 3, and is referred to as Tract B). In terms of compatibility, the original master plan for a medium density residential development would have constituted a better transition between residential uses to the west, north and northeast and the industrial uses south and south east of the property. There are clearly compatibility issues when industrial uses abut residential neighborhoods. Most M-1 districts in the city are adjacent to and, to some degree, impact residential areas. However, as underscored in the aforementioned M-1 study, light industrial and residential uses can coexist with proper regulations in place. The intended code amendments will implement the study recommendations by addressing such issues as incompatibility with adequate separation, screening and buffering, and traffic impacts. For the proposed project, adequate screening and buffering would be sought in the ultimate site plan to minimize the project's impact on adjacent residential neighborhoods to the west, north and north-east of subject property. Mitigation of impacts through the appropriate design will also be addressed at that time. Currently, the code includes enhanced buffer requirements for separation of potentially incompatible uses and zoning districts. The minimum required landscape buffer between industrial and residential zoning districts must be 15 feet wide (as opposed to 2 1/2 feet for a standard buffer). Moreover, the code contains general exterior design guidelines for buildings located on High Ridge Road: industrial buildings must be designed 'yin such a manner so as to disguise their typical warehouse appearance" and overhead doors cannot be located on a building fagade. Staff opines that these requirements would significantly diminish the project's visual impacts on residential neighborhoods. The buffering standards required between incompatible uses and zoning districts are being revised as part of the rewrite of the Land Development Regulations and will be considerably enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", the latter designed to give staff the strongest and most flexible tool to address negative visual impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm". Given the time frame for the processing of the proposed amendment, it is likely the new Land Development Regulations will be used to review the site plan for the project. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The properties to the south and south-east of the subject property have been developed for industrial uses. A File Number: LUAR 09-001 New Urban High Ridge c. Whether changed or changing conditions make the proposed rezoning desirable. As explained in the Background section above, there have been changes that make the proposed land use amendment and zoning desirable. The overbuilding in the housing sector produced a large vacant housing inventory which will likely take a long time for the market to absorb. The population growth has been flat for the last two years (the City actually lost a small number of residents in 2007 and 2008) and there is uncertainty regarding the future growth. The housing boom and multiple rezonings from industrial and commercial to residential land uses have left the city with a severe shortage of industrial land. Redesignation to industrial use is beneficial for the City as the ongoing recession underscores the need for economic diversification and job creation. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Traffic The applicant has provided a long-term transportation analysis for the proposed amendment, as well as the concurrency traffic impact analysis. The transportation analysis includes the analysis of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre) with impacts that would be generated by the maximum intensity of the proposed Industrial use, at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and 259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road between Gateway Boulevard and Hypoluxo Road would bring the volume -to -capacity ratios on the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted Level of Service D for a two-lane road. The 2025 projected daily traffic volume -to -capacity ratios for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The ratios indicate that, in the long run, the road would still be operating at the better level of service "C". For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum F.A.R., produce volume -to -capacity ratios on High Ridge Road of about 0.85. The impacted intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road / High Ridge Road intersections are projected to meet standards, although the AM Peak Hour volume for Hypoluxo Road and High Ridge Road are near capacity. As stated, the above analysis assumes that the property would be developed at the maximum permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 — 3.5 range. The industrial parcel located south of the subject property and currently developed with vo flex -space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on intensity would increase the daily traffic volume on the High Ridge Road by approximately 50/(,,. File Number: LUAR 09-001 New Urban High Ridge There has been a recent reduction in traffic volume growth rates for most of the roadways potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on the High Ridge Road between Hypoluxo Road and Miner Road declined by 9%. Finally, the trip generation associated with the new amendment may also be lower if some employees use public transit. The Tri -Rail station is located approximately 1/2 mile from the subject site; a bus stop is located nearby on High Ridge Road. Potable Water and Sewer The demand for potable water and sewer will again be compared using the maximum density and intensity of the existing and proposed land use. Water Demand Potable Water Facilities Water Plant Capacity* (peak day) Land Use Generation Rate Total GPD Current: Proposed: MDR (9.68 dw/acre=178 d.u. 452 GPD per d.0 80,456 71,489 Industrial - 401,623 sf 178 per 1000 sf Expiration date of water use permit Change -8,967 Potable Water Facilities Water Plant Capacity* (peak day) 27,000,000 Committed capacity (actual flow + reserved capacity, peak day) 23,622,289 Remaining capacity 3,377,711 SFWMD permitted withdrawals (average day) 21,490,000 Contracted amount to purchase from County 5,000,000 Expiration date of water use permit August 14, 2010 *Includes 5,000,000 contracted to purchase for Palm Beach County Sewer Demand Sanitary Sewer Facilities Sewer Treatment Capacity 24 MGD Committed or allocated capacity (MGD) 18.56 Available capacity (MGD) 2.72 Water demand for industrial uses can differ considerably among various uses. The gallons -per - day per 1,000 square feet rates for water and sewer as utilized in the tables above assume average demand for a flex space -type industrial project. As shown, under the maximum intensity assumption, the proposed amendment would result in a lower increase in daily water demand, but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand would approximate the demand under the current land use, with an even greater decrease in 7 Land Use Generation Rate Total GPD Current: MDR (9.68 dw/acre=178 d.u. 1 226 GPD per d.0 40,228 Proposed: Industrial - 401,623 sf151 9 per 1000 sf 63,858 Change 23,630 Sanitary Sewer Facilities Sewer Treatment Capacity 24 MGD Committed or allocated capacity (MGD) 18.56 Available capacity (MGD) 2.72 Water demand for industrial uses can differ considerably among various uses. The gallons -per - day per 1,000 square feet rates for water and sewer as utilized in the tables above assume average demand for a flex space -type industrial project. As shown, under the maximum intensity assumption, the proposed amendment would result in a lower increase in daily water demand, but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand would approximate the demand under the current land use, with an even greater decrease in 7 File Number: LUAR 09-001 New Urban High Ridge the projected water demand. Under either scenario, the City has unreserved capacity to se, -).- the projected raise in demands. The demand calculations assume the average of 2.26 persons per dwelling unit, which is the city's average household size. Solid Waste The Palm Beach County Solid Waste Authority has stated that adequate capacity exists TO accommodate the county's municipalities throughout the 10 -year planning period. Drainage Drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be reasonably compatible with the current and future use of adjacent and nearby properties, and should have no impact on the property values of adjacent: and nearby properties. As discussed above, potential land use conflicts would be mitigated by application of the relevant Land Development Regulations during the site plan stage. f. Whether the property is physically and economically developable under the existing zoning. There are no physical constraints to the development of the subject property under the existing zoning, but the development would be economically unfeasible. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed amendment would be beneficial to the city (see sections "a" and "c'�, and, since it would provide employment opportunities, is also reasonably related to the needs of the neighborhood. The amendment may be considered consistent with the ongoing shift in paradigm in land use planning, whereby it departs from a traditional separation of uses, and supports compact, mixed-use patterns, allowing places for people to live, work and play to be in close proximity of one -another and thus promoting resource conservation and sustainable communities. Lastly, the subject lot size and the site plan regulations would not accommodate more intensive industrial uses permitted in the M-1 district; the ultimate project would likely be similar to the other flex -space projects in the area. h. Whether there are adequate sites elsewhere in the city for the proposed use, in U1.5UILLs where such use is already allowed, The City has an acute shortage of vacant industrial land. As per the vacant land inventory submitted with the EAR -based amendments, the City has only 15 vacant industrial parcels, of which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-1, but the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. File Number: LUAR 09-001 New Urban High Ridge CONCLUSIONS/ RECOMMENDATIONS The request is consistent with the relevant policies in the Comprehensive Plan that encourage rezoning to industrial uses as well as with the 'Analysis of the M-1 Zoning District" report. Industrial uses diversify the city's economy and create jobs. It has also been established that the proposed amendment would not create additional impacts on infrastructure that cannot be accommodated within existing capacities. Lastly, staff concluded that the potential negative impacts on the surrounding residential neighborhoods can be minimized through adequate screening and buffering and the project's design. Therefore, staff recommends that the subject request be approved. ATTACHMENTS 5:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 09-001\STAFF REPORT High Ridge Ind.doc LDR MINER RD not in City DRI - Q<1 I N 0 I Q ruRRU6 5 i, r r i .-COMMERCE:1"r,D � a LEGEND w. LDR - Low Density Residential McDR- Medium Density Residential I Industrial PPGI - Public & Private Governmental/Institutional DRI Development of Regional Impact as— - City Boundary LU z ARTHUR CT n z; z �7D 135 0 270 540 dIG 1 0` Fee i _INDUSTB t WAYj...'. I �I-N1h/I OMME-RtF PAR-{ -DR � a LEGEND w. LDR - Low Density Residential McDR- Medium Density Residential I Industrial PPGI - Public & Private Governmental/Institutional DRI Development of Regional Impact as— - City Boundary LU z ARTHUR CT n z; z �7D 135 0 270 540 dIG 1 0` Fee Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Motion Mr. Myott so moved. Ms. Barritt seconded the motion that unanimously passed. The next motion was for the land use amendment and rezoning as contained on the staff report. Motion Mr. Myott so moved. Mr. Barnes seconded the motion. Mr. Myott clarified his motion to approve the Comprehensive Plan and Future Land Use Map of the Sam's Club parcel and the Cemetery from Commercial High CH/5 and Institutional (Palm Beach County), to Local Retail Commercial (LRC) and request to rezone from Palm Beach County Commercial General (CG) and Residential Multi -Family (RM). It was requested just the Comprehensive Plan and Future Land Use Map portion be approved. Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map. Ms. Barritt seconded the motion that unanimously passed. Motion Mr. Myott moved to approve the request to rezone from Palm Beach County General (CG) and Multi -family Residential, RM to Planned Commercial Development (PCD) and C-3 Community Commercial. Ms. Killian seconded the motion that unanimously passed. B. New Urban High Ridge Land Use Amendment / Rezoning 1. PROJECT: New Urban High Ridge ( LUAR 09-001) AGENT: Timothy L. Hernandez OWNER: New Urban High Ridge, LLC LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification on +18.44 acres of land from Medium Density Residential to Industrial and; Request to rezone from Planned Unit Development (PUD) to M-1, Industrial. Ms. Matras presented the request and noted the request was also a large scale amendment requiring approval by the Department of Community Affairs, if approved by the City Commission. She explained the City annexed the property in 2005. The first site plan was a mix of townhomes and single-family homes. There were some issues with the county pertaining to the landscaping of High Ridge Road. The applicant requested a time 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 extension followed by a Master Site Pian Modification changing the type of housing to single family. In the meanwhile, the housing market collapsed. The applicant did what they could to promote and sell the units, but it was clear that type of project was not financially feasible at this time. The applicant is now requesting a change of land use and zoning to Industrial. Staff was in favor of the request. It is consistent with policies in the Comprehensive Pian which encouraged zoning to industrial uses. It was also consistent with recommendations of the 2006 analysis of the M-1 zoning district. The proposal would benefit the City because of the shortage of industrial land. Industrial uses help to diversify the economy, create jobs and lessen the negative impacts during economic downturns. The amendment would not create an impact on infrastructure that could not be accommodated within existing capacities. The potential impact on surrounding properties could be mitigated through landscaping which would be addressed at time of site plan. It would require approval by the Planning and Development Board at a later time. Chair Jaskiewicz opened the public hearing. Paul Morris, a resident of Cedar Ridge, a community just east of the subject property, was present. He expressed concern about the negative impact it would have on his community. Mr. Morris explained the property was originally zoned for single-family townhomes and now would be industrial. The housing market was down and the price of homes declined. His concern was the industrial site would further reduce the value of the homes in the area. Chair Jaskiewicz noted there are different classifications of industrial zoning. This property would have an M-1 designation. Ms. Matras also explained there were a number of industrial uses in the area and staff believed the extensive buffering that would be used on the site should effectively address any negative impacts. The project was probably the same type of project that was directly south of the site which had flex -use condominiums. The Code requires extensive buffering when an industrial district is located by residential neighborhoods. As part of the Land Development Code rewrites, there are other options to create a barrier between the industrial districts and the residential districts. She noted it takes time for the large scale amendment to be processed and by the time the site plan was ready to be heard by the Planning and Development Board, it was likely the new regulations would be effective thereby allowing for the more extensive barriers. She noted there are other industrial uses that are adjacent to residential uses. Chair Jaskiewicz noted the City is very particular when industrial projects are in the vicinity of a neighborhood and/or a residential district. Mr. Morris requested a definition of buffering. Ms. Matras responded buffering was using the landscape vegetation to mitigate visual impacts. Chair Jaskiewicz explained other items could be used or requested, such as a wall. The property to the north was residential. It had single-family homes and was designated LR -2, Low Density Residential. The zoning designations of adjacent parcels were reviewed Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 and were residential. It was noted there were existing homes in the area; however, there were no letters or phone calls received in opposition to the request. Ms. Matras explained the uses that would be available on the site in the M-1 designation were the same as on the southeast and the south. It did not include heavy industrial uses, only light. The flex -use condominium can be made to look attractive. The staff report included a section of the Code that pertained to the appearance of the industrial uses along High Ridge Road and it was noted they look much nicer than what people normally imagine. The zoning history was again reviewed and to staff's knowledge, the site was never zoned industrial. It was single-family residential. Attorney Alexander administered the oath to a resident of 704 NE 2nd Street, Pompano Beach. He was aware of the property's history and had made an offer on the property, which was unsuccessful. Many years ago, when it was County property, it was zoned for industrial. When it was annexed into Boynton Beach, it became single-family homes with one or two -acre parcels. High Ridge Commerce Park had buffers against Cedar Ridge. They constructed a block wall with landscaping on both sides and a 40 -foot setback from each building. The flex -use condominium south of the subject property had a 60 -foot buffer behind it and vegetation could not be removed. He explained he thought the request was consistent with the growth. There were no further comments received from the public. Chair Jaskiewicz asked for a motion to amend the Comprehensive Plan Future Land Use Map classification from Medium Density Residential with a maximum density of 9.68 dwelling units per acre to Industrial with a maximum FAR of .50 Motion Ms. Barritt so moved. Mr. Myott seconded the motion that unanimously passed. The second request was to rezone from Planned Unit Development (PUD) to M-1 Industrial District. Motion Mr. Myott so moved. Ms. Killian seconded the motion that unanimously passed. C. Habitat for Humanity Abandonment 1. PROJECT: Habitat for Humanity (ABAN 09-001) AGENT: Peter Blacklock of Ruden, McClosky OWNER: City of Boynton Beach LOCATION: West of the FEC Railroad right-of-way, north of NE 11th Avenue VA VIII. -PUBLIC HEARING CITY OF BOYNTON BEACH E 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 ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 ❑ Announcements/Presentations NATURE OF ❑ Administrative AGENDA ITEM ❑ Consent Agenda ❑ Code Compliance & Legal Settlements March 16, 2009 (Noon) Qi ® Public Hearing ITEM D. ❑ City Manager's Report ❑ New Business ® Legal ❑ Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08- 108. EXPLANATION: PROJECT: Habitat for Humanity (ABAN 09-001) AGENT: Peter Blacklock of Ruden, McClosky OWNERS: City of Boynton Beach LOCATION: West of the FEC Railroad right-of-way, north of NE 11th Avenue DESCRIPTION: Request for abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC Railroad right-of-way and approximately 50 feet south of N.E. 12'h Avenue, in connection with the plan to build infill single-family housing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /A .� �/) D Develo—pment Dkpartment Director i .„ r' F City Manager's Signatures Assistant to City Manager OWL--, Planning and ring Director City Attorney / Finance S:\Planning\SHARED\WPTR JECTS\Habitat for Humanity\Agenda Item Request Habitat for Humanity ABAN 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,-3 Date Final Form Must bqtpmed- s --1 in to City Clerk's Ofd 1 4-'< C3 -c, r n Cr—) February 2, 2009 (Noon) n ri7 February 17, 2009 (Noon) "D :— t11 CD March 2, 2009 (Noon) Mr March 16, 2009 (Noon) Qi t�YI ❑ City Manager's Report ❑ New Business ® Legal ❑ Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08- 108. EXPLANATION: PROJECT: Habitat for Humanity (ABAN 09-001) AGENT: Peter Blacklock of Ruden, McClosky OWNERS: City of Boynton Beach LOCATION: West of the FEC Railroad right-of-way, north of NE 11th Avenue DESCRIPTION: Request for abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC Railroad right-of-way and approximately 50 feet south of N.E. 12'h Avenue, in connection with the plan to build infill single-family housing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /A .� �/) D Develo—pment Dkpartment Director i .„ r' F City Manager's Signatures Assistant to City Manager OWL--, Planning and ring Director City Attorney / Finance S:\Planning\SHARED\WPTR JECTS\Habitat for Humanity\Agenda Item Request Habitat for Humanity ABAN 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 09- ; ; AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED PORTION OF RAILROAD AVENUE APPROXIMATELY 15 FEET WIDE AND 45 FEET LONG, LOCATED WEST OF THE FEC RAILRAOD RIGHT-OF-WAY AND APPROXIMATELS 50 FEET SOUTH OF NORTHEAST 12"" AVENUE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Peter Blacklock of Ruden, McClosky. agent for Habitat for Humanity is requesting that the City abandon a portion of Railroad Avenue located west of the FEC Railroad right-of-way and approximately 50 feet south of N.F. 12`h Avenue, subject to staff comments,. and WHEREAS, comments have been solicited from the appropriate City Departments, public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF. THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated: herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon an approximately 15 feet wide by 45 feet long portion of the Railroad Avenue right-of- way located west of the F.E.C. railroad right-of-way approximately 50 feet south of N.E. 12`h Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: The west 15.0 feet of that portion of the 65 foot Right -of -Way for Dixie HighNa\- (now Railroad Avenue) lying east of and adjacent to Lot 2. Block 10, l -lappa Home Heights, according to the Plat thereof as recorded in Plat Book 11. Page _ O. Public Records of Palm Beach County, Florida, bounded as follows: on the North �s S iC93rdinanceslAbandonments\Habitat for Humanity doc {t 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 by the Easterly extension of the North line of said Lot 2 and on the South by the Easterly extension of the South Line of said Lot 2. Containing 681 square feet ± Section 3. The City Manager is hereby authorized and directed to execute attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Rec of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of 12009. SECOND, FINAL READING AND PASSAGE THIS day of , 2009. ATTEST: Janet M. Prainito, City Clerk (Corporate Seal) for Humanity doc CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the : it'N of Boynton Beach, Florida, does hereby abandon an approximately l5 feet N.v ide by 45 feet long portion of the Railroad Avenue right-of-way located west of the F.E.C. railroad right-of-- way approximately 50 feet south of N.E. 12'1 Avenue, subject to staff comments. Vile property being abandoned is more particularly described as follows: The west 15.0 feet of that portion of the 65 foot Right -of -Way for Dixie Highwa% (now Railroad Avenue) lying east of and adjacent to Lot ?. Block 10, Happ) Home Heights. according to the Plat thereof as recorded in Plat Book 11. Page 30. Public Records of Palm Beach County, Florida, bounded as follows: on the North by the Easterly extension of the North line of said Lot 2 and on the South by the Easterly extension of the South Line of said Lot 2. Containing 681 square feet ± IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ___ day of ATTEST: Janet M. Prainito City Clerk .2009. CITY OF BOYNTON BEACH. FLORIDA Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority.. personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively. of' the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein, that they affixed thereto the official seal of said corporation: and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of .2009. NOTARY PUBLIC_ State of Florida My Commission Expires: S \CA\Ordmances\Abandonments\Habitat for Humanly doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-108 TO: Chair and Members Planning and Deve}lopn)' ntt Board 1 vJ THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Zeitler to, Planner II DATE: December 15, 2008 SUBJECT: Habitat for Humanity Right -of -Way Abandonment (ABAN 09-001) Railroad Avenue (adjacent to Lot 2, Block 10, Happy Home Heights) NATURE OF REQUEST Mr. Peter Blacklock of Ruden, McClosky, agent for Habitat for Humanity of South Palm Beach County, Inc., is requesting to abandon a portion of Railroad Avenue located west of the FEC Railroad right-of-way and approximately 50 feet south of N.E. 12th Avenue (see Exhibit "A" — Location Map). The applicant has assembled several parcels in the area as part of a plan to build infill single-family housing. The property to be abandoned is situated adjacent to four (4) parcels of land to the west (all owned by Habitat for Humanity) and the Florida East Coast (FEC) Railway to the east. The segment of right-of-way requested to be abandoned is approximately 15 feet in width by 45 feet in length and contains approximately 681 square feet. The subject property to be abandoned is further described as follows: The west 15.0 feet of that portion of the 65 foot right of way for Dixie Highway (now Railroad Avenue) lying east of and adjacent to Lot 2, Block 10, Happy Home Heights, according to the plat thereof as recorded in Plat Book 11, Page 30, Public Records of Palm Beach County, Florida, bounded as follows: on the North by the easterly extension of the north line of said Lot 2 and on the South by the easterly extension of the south line of said Lot 2, containing 681 square feet more or less. The following is a description of the land uses and zoning districts of all properties that surround the subject property to be abandoned. North - Right-of-way for Railroad Avenue; and to the Northwest, a residential parcel on NE 12th Avenue zoned R-2; South - A vacant parcel owned by Habitat for Humanity zoned R-2; East - Right-of-way for Railroad Avenue and the FEC Railroad; and farther east, commercial parcels zoned C-4. West - A vacant parcel owned by Habitat for Humanity zoned R-2; and farther west, vacant parcels owned by Habitat for Humanity zoned R-2, and a mix of developed residential parcels zoned R-2. Pape Memorandum No PZ 08-108 ABAN 09-001 The subject portion of Railroad Avenue to be abandoned was platted as "Dixie Highway" right-of-way and lies within the boundaries of the Happy Home Heights subdivision plat. The approved subdivision plat was recorded in Plat Book 11, Page 30 on February 25, 1925 (see Exhibit "B" — Plat and Exhibit "B-1" — Subject Portion of Plat). Although the subject property was not used or improved as right-of-way as intended by the recorded plat, the subject property was dedicated to the public as a public right-of-way and is therefore under the control and jurisdiction of the City Commission. Typically, the reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public highways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law. The City makes no representation regarding the impact of the reversionary language on title to the adiacent properties. Exhibit "C"- "Survey of Proposed Abandonment" shows the exact location of the subject site and its iegal description. Habitat for Humanity has assembled Parcels 1 through 4 (as shown on survey) for future residential development. The properties are zoned R-2 (Single-family and Duplex Residential). It is unknown at this time how the properties will be developed, as a conceptual subdivision plan has not been submitted with the abandonment request. It is important to note that the application submitted states the following: (1) the approximately 682 square foot area which the applicant is proposing to vacate is not used by the general public; (2) abandonment of the subject property will be used solely as access to the applicant's adjacent property; and (3) granting abandonment will provide for unified development of the site without detrimentally impacting adjacent properties. BACKGROUND The Railroad Avenue right-of-way extending from Boynton Beach Boulevard north to NE 131h Avenue is improved with approximately 20 feet of pavement and lies west of and adjacent to the FEC Railway. According to the survey submitted, the Railroad Avenue right-of-way is included within the FEC Railroad right-of-way, which is typically 50 feet (as measured from the centerline of the FEC Railroad right-of-way), varying to 65 feet from the same centerline in some areas. The subject abandonment request is for a segment of the 65 -foot portion of Railroad Avenue right-of-way that extends a distance of approximately 45 feet in the area between NE 11th Avenue and NE 12" Avenue. Records indicate previous abandonments of other segments of Railroad Avenue farther south (between SE 2nd Avenue and SE 10th Avenue), where Railroad Avenue is unimproved. Re -development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re -development or expansion. The applicant has submitted an Ownership and Encumbrance Report from First American Title Insurance Company that finds the subject property to be abandoned is a portion of a dedicated public roadway (Railroad Avenue) pursuant to the recorded plat, and that the subject property has no encumbrances or matter affecting title. ANALYSIS When a right-of-way is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is divided in half, with fifty percent (50%) of the property transferred to the owner of each adjacent real property. The applicant requesting this abandonment is the owner of all of the affected properties to the south and west, and the FEC Railway right-of-way lies immediately to the north and east of the property to be abandoned. Per the Palm Beach County Property Appraiser's Mapping & GIS Department, a right-of-way is not considered to be Page 3 Memorandum No. PZ 08-108 ABAN 09-001 real properly to which a portion of abandoned property can be transferred. In addition, property to be abandoned, when located in a platted subdivision, must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat; however, the FEC Railway right-of-way pre -dates the plat, and is included on the plat only as an existing right-of-way adjacent to the boundaries of the plat. Therefore, the entire width (15 feet) of the abandoned property would be transferred to the applicant in accordance with standard procedures conducted by the County's Property Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified, and the abandonment request has been advertised in the local newspaper. The Engineering Division has notified the FEC Railroad Company regarding the abandonment and has not received a response. A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/ DIVISIONS Engineering - No objection Public Works / Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power & Light - No objection AT&T - Florida - No objection Florida Public Utilities - No objection Cable (Comcast) - No objection All public utility providers have indicated that they have no objection to the applicant's request for abandonment. RECOMMENDATION Staff has determined that the subject portion of Railroad Avenue right-of-way to be abandoned serves no public purpose. The proposed abandonment would not adversely affect any neighboring properties relative to utility services or access. Therefore, based on the above findings, staff is recommending approval of the request to abandon the subject portion of the 65 foot right-of-way as described above. Any conditions recommended by the Planning and Development Board or City Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N of NE 11 Ave\Staff Report.doc EXHIBIT I'Auw - LOCATION MAP RAILROAD AVE ABANDONMENT C-16 CANAL SITE IV 120 60 0 120 X40 360 480 FA 7' Martin Lut r 146ng Jr Blvd :F IV 120 60 0 120 X40 360 480 FA btlR`i°r ntte, ,F EXHIBIT ol :a na fl--XHIP,I'T �Iv 14 TIE IqCE T -T ------6 17 KA, !71 ve- SUBJECT PROPERTY EXHIBIT C SUBJECT PROPERTY {l� Iry ot �' �N COVC Nj J 95.92' SI.RVEY1 15. !'t' ISy �' NORTH LFI LOT 24 / x ., OME HEIGHTS X. �? $ PARCEL 4 OOK 11, PAGE 30) y� AREA - 4,74 52MRF FEET ACFE oR LESS LOT 5 BLOCK 10 LOT 4 LOT 3 BLOCK 10 BLOCK 10 L 0T 2Q _0F B L O C K 10 hm W ZCHAN Q a ti FEACE SOUTH LIE LOT 2 4�.gQ,p nr 202.95' k a 8&68' FLAT eB� SL,y- 330' 1 +LZS . FaK LR T7Q0' —NORTH ralo 1 + LASE GLOP( A Q I Bti I E L 3 P A R C E L 1 g WEFT, MORE OR LE55 O v I ARFA - 6.892 SOUARE FEET, UORE OR LES5 +O m I SH LOT PLAT) (AS LABELED OV FLAT I l� T7Q0' FOCM xa' , 6 9 FOLK) 5/8" SROMTe 3 Taa 3' x� Rao (AV NABER) zz * ..�L ......v........ 50.02' 50.02' �7 Cp \ x •3�b, 209.74' SLRVE(OVERLL PARCEL J ONUU' y X�ti 1 ° O � C C L P A R C E L 2 �g �° AREA- WOF"RE FEET, e Q AM y�z �' p Qi P :a' i� OVERhEAD LTTTLITY LIL POLE WITH -9R�IL�,/` ARDOR pro• 95IX/TH AOT SET 6 ,3'�h I-Uig1TY BOX x^,r4 20874�0V x'vh1 LSE BLOdc A r Lv 159.74' 5-vr + +�. � +12.ZA,sZ 8 7-A-- Ca caRexsaO'oESCRPTIONFaro - — FOLro NAC ALE. 11TH A VENUE - BEACH M4W TIP OF:� - - � --v - 1D.D' SOUTH WITF'E55 COR�fR P A V E D NAf dr WASFER +L'�SZ aVERFEAG— }u BEACH MARIC- TOP OF lTY LRE'S Pi NAIL AAD LT9( +urn DESCRIPTION OF PARCEL TO BE ABANDONED. THE WEST 15.0 FEET OF THAT PORTION OF THE 65 FOOT y _; �3 MAP RIGHT OF WAY FOR DIXIE HGHWAY (NOW RAILROAD A BENE) 'CHEREBY L YING EAST OF AND ADJACENT TO LOT 2, BLOCK 10, 1 CERT Y AHD MEETS THE HAPPY HOIvfa- HEIG^NTS, ACCORD,NG TO THE PLAT THEREOF BOARD BOARS ofA RO PIVE AS RECORDED IN PLAT BOOK 11, PAGE M, PUBLIC RECORDS AWATSTRG C OF PALM BEACH COUNTY, FLORIDA, BOLAVED AS FOLLOWS: ON THE NORTH BY THE EASTERL Y EA-MZION OF THE NORTH LINE OF SAID LOT 2 AND ON THE SOUT,-f BY THE EASTERL Y EXTENSION OF THE SOUTH LINE OF SAIL) LOT 2. ("nNT41MN(; 6R7 SOUARE FEET MORE OR LESS. EXHIBIT "D" Conditions of Approval Project name: Railroad Avenue N of NE 1 I "' Avenue Abandonment (Habitat for Humanity) File number: ABAN 09-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS — Forestry & Grounds Comments: None x i PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X _ POLICE i Comments: None X ENGINEERING DIVISION { Comments: None i X BUILDING DIVISION Comments: None x I PARKS AND RECREATION Ji Comments: None x �I FORESTER/ENVIRONMENTALIST i Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N. of NE 11 Ave\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Railroad Avenue N of NE 11th Avenue Right -of -Way Abandonment APPLICANT'S AGENT: Peter Blacklock of Ruden, McClosky (for Habitat for Humanity) AGENT'S ADDRESS: 4855 N. Technology Way Suite 630 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2009 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 65 -foot wide right-of-way of Railroad Avenue LOCATION OF PROPERTY: West of Railroad Avenue, North of NE 11 th Avenue DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N. of NE 11 Ave\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 and were residential. It was noted there were existing homes in the area; however, there were no letters or phone calls received in opposition to the request. Ms. Matras explained the uses that would be available on the site in the M-1 designation were the same as on the southeast and the south. It did not include heavy industrial uses, only light. The flex -use condominium can be made to look attractive. The staff report included a section of the Code that pertained to the appearance of the industrial uses along High Ridge Road and it was noted they look much nicer than what people normally imagine. The zoning history was again reviewed and to staffs knowledge, the site was never zoned industrial. It was single-family residential. Attorney Alexander administered the oath to a resident of 704 NE 2nd Street, Pompano Beach. He was aware of the property's history and had made an offer on the property, which was unsuccessful. Many years ago, when it was County property, it was zoned for industrial. When it was annexed into Boynton Beach, it became single-family homes with one or two -acre parcels. High Ridge Commerce Park had buffers against Cedar Ridge. They constructed a block wall with landscaping on both sides and a 40 -foot setback from each building. The flex -use condominium south of the subject property had a 60 -foot buffer behind it and vegetation could not be removed. He explained he thought the request was consistent with the growth. There were no further comments received from the public. Chair Jaskiewicz asked for a motion to amend the Comprehensive Plan Future Land Use Map classification from Medium Density Residential with a maximum density of 9.68 dwelling units per acre to Industrial with a maximum FAR of .50 Motion Ms. Barritt so moved. Mr. Myott seconded the motion that unanimously passed. The second request was to rezone from Planned Unit Development (PUD) to M-1 Industrial District. Motion Mr. Myott so moved. Ms. Killian seconded the motion that unanimously passed. C. Habitat for Humanity Abandonment 1. PROJECT: Habitat for Humanity (ABAN 09-001) AGENT: Peter Blacklock of Ruden, McClosky OWNER: City of Boynton Beach LOCATION: West of the FEC Railroad right-of-way, north of NE 11th Avenue 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 UMMMMM— DESCRIPTION: Request for abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC Railroad right-of-way and approximately 50 feet south of N.E. 12" Avenue, in connection with the plan to build infill single-family housing. Kathleen Zeitler, Planner, presented the request to abandon a portion of Railroad Avenue. Habitat for Humanity had assembled several parcels to develop infill housing. The property was zoned R-2, which allowed for single family residences. The segment of right-of-way to be abandoned was approximately 15 -feet in width by 45 -feet in length and contained about 681 square feet. The applicant submitted an Ownership and Encumbrance Report and found the property to be abandoned was a portion of a dedicated right-of-way .There was no other encumbrances on the title. Similar requests had been approved in the past. The property to be abandoned was not used by the public and if abandoned, would be used for access solely by the applicant and adjacent property owners. It would provide for a unified development of the site. Public notice was given, as was notice to the utility companies. The Engineering Division notified the FEC Railroad Company but no response was received. There were no objections from other utility providers. The land to be abandoned served no public purpose and would not impact or have adverse effects on adjacent properties. The abandonment was exclusive to Habitat for Humanity who owns parcels two, three and four, that are adjacent to the property to be abandoned. A site plan had not been submitted showing a layout, but it was intended to solely serve their development. Chair Jaskiewicz inquired, if no response from FEC was received, if it would negate any future concerns. Ms. Zeitler explained the City was just abandoning its interest in the subject portion of the public right-of-way. Peter Blacklock, Ruden McCloskey, explained granting the application would allow for unified development of the property. A site plan had not been submitted, but the land was currently vacant and they would reconfigure the property if the abandonment was approved. It had no other public purpose and no negative impacts on surrounding properties. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Motion Vice Chair Saberson moved approval of the abandonment. Mr. Myott seconded the motion that unanimously passed. D. Harbor Cay Site Plan Time Extension VIII. -PUBLIC NEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 Harbor Cay (SPTE 08-007) February 2, 2009 (Noon) Sid E. von Rospeunt OWNERS: ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) DESCRIPTION: Request for a second one (1) -year time extension of the site plan (NWSP 06- ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 from May 2, 2008 to May 2, 2009. March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) C:)"; C3 3 ❑ Announcements/Presentations ❑ City Manager's Report � -» NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ❑ Legal Z Q� ❑ Code Compliance & Legal Settlements ❑ Unfinished Business _ ® Public Hearing ❑ ca RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved, with two additional conditions regarding the applicant's maintenance of the private roadway and property. For further details pertaining to this request, see attached Department Memorandum No. 08-053. EXPLANATION: PROJECT: Harbor Cay (SPTE 08-007) AGENT: Sid E. von Rospeunt OWNERS: Harbor Cay, LLC LOCATION: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard DESCRIPTION: Request for a second one (1) -year time extension of the site plan (NWSP 06- 011) approved on May 2, 2006, thereby further extending site plan approval from May 2, 2008 to May 2, 2009. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: t DevelopmenMepartikent Director Planning and Zoning Director S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 5 City Managers Signature ,,,�� Assistant to City Manager uwt_- I City Attorney / Finance DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-053 TO: Chair and Members Planning and Develo Board THRU: Michael Rump4— Director of Planning and Zoning FROM: Kathleen Zeitler la/ Planner II DATE: August 11, 2008 PROJECT: Harbor Cay (SPTE 08-007) REQUEST: Site Plan Time Extension Property Owner: Applicant / Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: PROSECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit'W Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre North: To the north is developed multi -family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REC) and Multi -family Residential (R-3); South: To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R -1 -AA); East: To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 08-007 (LDR) and zoned Single-family Residential (R -1 -AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a second one (1) -year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18 -month period to secure a building permit. A previous site plan time extension (SPTE 07-006) for this project was approved on September 18, 2007, which extended site plan approval for one (1) year, from May 2, 2007 to May 2, 2008. If this request for an additional extension were approved, the expiration date, including concurrency approval, would be extended to May 2, 2009. The subject property consists of 1.429 acres, zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee -simple townhomes, recreational amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2) -bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429 -acre site. Each three (3) -story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B') proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish - Mediterranean accents with a contemporary/modern design. Building accents would include cupolas, Spanish S -tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on April 28, 2008, four (4) days prior to the expiration date of the site plan. The applicant states in the justification submitted for the second time extension (see Exhibit"C'�, that"due to the severe real estate slump, and a recovery not to be projected within the next 12 months, it is impossible for Harbor Cay to either obtain new construction financing or procure the required pre -sales of units". The applicant also notes that the previous commitment for construction financing was lost, and future funding has not yet been finalized. According to the previous justification submitted for the first requested time extension, the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re -submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. Page 3 Harbor Cay SPTE 08-007 A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build -out year of 2009. The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, a capacity reservation fee of approximately $10,000 was paid by the applicant at the time of the first site plan time extension request. Utilities records indicate the annual utility reservation fee is once again due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward (see Exhibit "D" — Conditions of Approval). SUMMARY/ RECOMMENDATION Staff recommends approval of this request for a second one (1) -year time extension of the Harbor Cay site plan (NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to May 2, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D'�. S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\Staff Report.doc Exhibit "A" - Site Location Map Harbor Cay - SPTE 08-007 N 130 65 0 130 260 390 520 Feet �' E S EKI.11BIi" B FLORIDA EAST COAST RAILROAD -- U.S. HIGHWAY NO. t • 1 14 i'VASO vsrssr� ---- 1 Nal r : / • •a 1 ti • 1. 1 - • : a i 1• ::. •• :� I lr :v.. � a - - - EXHIBIT 111G ' !• • rr 140, ' C 1 1• 1 To AM Whom This Concerns: CITY MANAGERt OFFICE Please aooept our request for an exon of tvventy four months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay TMn Homes; an IPM located within a few hundred feet North of Gateway Boulevard an Federal HW way going towards the Inbaooastol Waterway. Due to the severe real Mate slump and a recovery natty be projected within the next 12 month it is impo'W a for Harbor Cayta edher obtain new construction fmaneing orproame the mqun ed pre -ales of units. It is unI&lythat a construction permat cotM be secured before the Development Order expires on May 2nd of 2oo8. l~inthernxwe, given the ' enumerated above vie have lost ow previous oommitmerrt for aonstiixtian fiinancsng, and have yet tia finabaethe fixture fimding. We therefixe request am fee and or no cost amension to the development order giving the sincere real estate depression gently througho South Ploridda. It is already a hardship justto maintam the current fmancing and not to `walk away from the project' Gwen the fads, the Project could not afford tc) pay any fig and stay °afivoe". 1 : 1 • 11 ..1 - 1 �" I• a' 1 :RrW,IL• 4• t :I ■ a : I�.i 1 1 .I 1 , , i -. 1 i • 1 !1 't`t •'1." 1 . •• 111 a' 1-11•r1 11 71a1ri`+:11.•t:G1.:.1 •a Harbor Cay, LLC x633 Lantana Road Suite 4.f, Lantana, Florida 33¢6I Iel: s61 -a38-1000 Fax: 561-434-1969 www.barbarcay.0m EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 08-007 Reference: tl DEPARTMENTS INCLUDE REJE(' t PUBLIC WORKS- General I Comments: None X PUBLIC WORKS- Traffic Comments: None x UTILITIES Comments: j 1. The applicant shall pay the utility reservation fee in order to ensure capacity x! will be available when project commencement is anticipated. FIRE f I Comments: None x 'i POLICE Comments: None X ENGINEERING DIVISION Comments: None l if TF BUILDING DIVISION l si Comments: None \ i PARKS AND RECREATION Comments: None x Ij FORESTER/EN VIRONMENTALIST Comments: None I! PLANNING AND ZONING I Conditions of Approval Harbor Cay SPTE 08-007 Paee 2 DEPARTMENTS INCLUDE REJECT Comments: 2. The site plan time extension shall be subject to all previous Conditions of Approval. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The applicant shall maintain the private roadway to City standards to ensure safe and adequate access for emergency a paratus. X 4. The applicant shall maintain the property up to City code standards. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2009 TYPE OF RELIEF SOUGHT: Request a second one (1) year site plan time extension from May 2, 2008 until May 2, 2009, for 23 proposed townhouses on a 1.429 -acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-00700.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 DESCRIPTION: Request for abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC Railroad right-of-way and approximately 50 feet south of N. E. 12th Avenue, in connection with the plan to build infill single-family housing. Kathleen Zeitler, Planner, presented the request to abandon a portion of Railroad Avenue. Habitat for Humanity had assembled several parcels to develop infill housing. The property was zoned R-2, which allowed for single family residences. The segment of right-of-way to be abandoned was approximately 15 -feet in width by 45 -feet in length and contained about 681 square feet. The applicant submitted an Ownership and Encumbrance Report and found the property to be abandoned was a portion of a dedicated right-of-way .There was no other encumbrances on the title. Similar requests had been approved in the past. The property to be abandoned was not used by the public and if abandoned, would be used for access solely by the applicant and adjacent property owners. It would provide for a unified development of the site. Public notice was given, as was notice to the utility companies. The Engineering Division notified the FEC Railroad Company but no response was received. There were no objections from other utility providers. The land to be abandoned served no public purpose and would not impact or have adverse effects on adjacent properties. The abandonment was exclusive to Habitat for Humanity who owns parcels two, three and four, that are adjacent to the property to be abandoned. A site plan had not been submitted showing a layout, but it was intended to solely serve their development. Chair Jaskiewicz inquired, if no response from FEC was received, if it would negate any future concerns. Ms. Zeitler explained the City was just abandoning its interest in the subject portion of the public right-of-way. Peter Blacklock, Ruden McCloskey, explained granting the application would allow for unified development of the property. A site plan had not been submitted, but the land was currently vacant and they would reconfigure the property if the abandonment was approved. It had no other public purpose and no negative impacts on surrounding properties. Chair Jaskiewicz opened the public hearing was closed. Motion No one came forward and the public hearing Vice Chair Saberson moved approval of the abandonment. Mr. Myott seconded the motion that unanimously passed. D. Harbor Cay Site Plan Time Extension 0 Meeting Minutes Planning and Development Board Boynton Beach, Florida 1. PROJECT: AGENT.- OWNER- LOCATION: GENT:OWNER:LOCATION: DESCRIPTION December 23,2008 Harbor Cay (SPTE 08-007) Sid E. von Rospeunt Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a second one (1) -year time extension of the site plan (NWSP 06-011) approved on May 2, 2006, thereby further extending site plan approval from May 2, 2008 to May 2, 2009. Kathleen Zeitler presented the request which was previously approved for 23 fee -simple townhomes. The second site plan time extension was approved on May 2, 2006. At the time, the regulations provided the applicant with one year to secure a building permit, but the regulations changed and allowed 18 -months to obtain a permit. A previous site plan time extension of the project was approved September 18, 2007, which extended the plans from May 2, 2007 to May 2, 2008. If the request was approved, the site plan time extension, with concurrency approval, would be extended to May 2, 2009. The justification for the request was due to the real estate slump with recovery not projected for a year. The applicant needed to obtain new funding, and future funding had not been finalized. The applicants demonstrated good faith efforts regarding reconfiguring utilities and engineering revisions, and platting and construction plan revisions to address the conditions of site plan approval. The Site Plan Time Extension was subject to the original 85 conditions of approval including the Art in Public Places. The capacity reservation fee was paid at the time of the first site plan extension was granted; however, the annual fee is clue once again. Staff recommended, as a condition of approval, the applicant pay the fee to ensure capacity was available when the project moved forward. Staff recommended approval of the second site plan time extension with two conditions. Michael Weiner, Attorney for the owner, explained the project encompassed 23 units, which would be located next to a gas station. The project was not at the maximum density and was a townhouse type development. He explained they were unable to obtain construction financing and the owner wanted to wait and get the project underway if circumstances turned around. Mr. Weiner agreed to the original conditions of approval and the added condition of payment of the Capacity Reservation Fee. Chair Jaskiewicz opened the floor for public comments. Grover Jones, 628 Lakeside Harbor, provided a history of what the community endured during these extensions. It was important in order to determine if the future would be the same. There was a dock, which is privately owned and deeded to the neighborhood for fifty years. The residents went to court, at a considerable expense, to prove the community owned the dock, and won the case. The owner had the property up for sale with a sign saying it had a deeded dock. Mr. Jones explained the dock was damaged twice, and the community residents paid for the repair. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 There were also issues with the street and needed repairs that were poorly made by the owner. Lot maintenance was a problem as was a pedestrian gate that disappeared. He also understood the owner was in negotiations with a gas station. Mr. Jones applauded what was originally designed and he spoke for most of the neighbors. There were promises that were never kept. The applicant was to pay the water fee and he inquired if that was done. He suggested planning should be done for the good of the residents and requested the issues be weighed very heavily. Chair Jaskiewicz explained there were 85 conditions of approval when the request was originally approved. Those conditions would have to be met and strictly adhered to otherwise the project would not be approved. Mr. Grover acknowledged that and urged the Board to have some compassion for the residents who have to continually call and complain. They had contacted Code Enforcement. Chair Jaskiewicz explained his concerns would be forwarded to the City Commission who may impose further improvements. The access road was a private street owned by the residents who maintain half the road in front of their property. A photo of the street taken on a cell phone was shown to the members. The members discussed the condition of approval pertaining to the payment of the utility reservation fee and noted this applicant had to pay the fee when other site plans did not. Ms. Zeitler explained it was a standard condition of approval that informed the applicant that the utility reservation fee was due, should they want to reserve utility capacity when they built the project. It did not force them to pay it. Staff left it to the developer to decide whether they wanted to pay the fee or take the risk of not having the capacity available. Ms. Zeitler further clarified the applicant paid some of the fee prior to City Commission approval of the first time extension. There was discussion regarding the private road and whether the applicant needed it for access to move forward with the project. Mr. Weiner responded there were a number of conditions of approval that dealt with the private road and how it would be handled in order to proceed. The private road was the only access into and out of the community and was needed to develop the project. He explained the matters brought up pertaining to the dock and the street, were a civil matter. He could not say, as a matter of law, the residents had a right to collect monies, but if so, then those lot owners would have to contribute. The private rights would be dealt with by the private parties. He pointed out the request was to approve a site plan which would determine if they could get the project underway within the next six months or so. Mr. Weiner explained this was the first time he appeared on behalf of this project and he would be more than happy to meet with them. The project would provide additional amenities and improve property values as well as the road. When the application was originally heard, a condition was added they had to improve the 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 appearance of the property within a limited time. The Board noted the owner should have consideration for the residents. Discussion followed whether the dock related to this enclave. The dock was available for use by about 12 homes on the street. The dock access was a court: case which defined how many of the lots were able to use the dock for recreational purposes. Mr. Lis noted the testimony given indicated the applicant was promoting the property claiming they had access to the dock. Mr. Weiner clarified they were in accord that the dock was available for the enclave. The property had access, but it was a private road. The item they were not in agreement with had to do with a monetary contribution. All else was consistent. He pointed out the Board was not established to settle money issues. It was acknowledged the matter was a neighborhood issue and Mr. Weiner reiterated he had distributed his card in hopes of settling the matter. Code Enforcement had been to the site and was working with the owner to maintain the property as it pertained to the Community Appearance Codes. It was not known if Code Enforcement had anyjurisdiction over the road maintenance because it was a private road and not a public right-of-way. Ms. Barritt noted the site plan expired December 2008. Ms. Zeitler explained the request was submitted prior to the expiration of the site plan and it was delayed by the applicant several times. Mr. Lis left the dais at 7:34 p.m. Ms. Zeitler explained if the extension were not approved by the City Commission, the approved site plan would be null and void and expired. They would need to start the site plan process all over. It was noted the extension was to May 2, 2009. Mr. Lis returned at 7:35 p.m Mr. Weiner explained the laws had not changed, so starting the site plan process again would be ministerial. Mr. Weiner explained he was not contacted by any of the neighbors. It was suggested to Mr. Jones that when the request is heard by the City Commission he voice his concerns. They may be able to obtain some repairs to the street. It was recommended the parties try to work out how the property would be maintained before the development occurred. Mr. Jones indicated the developer was supposed to be fined. Some repairs had been made, but they were poor quality repairs such as filling up a pothole with sand. Chair Jaskiewicz explained the minutes would accompany the request to the City Commission. She requested as a condition of approval, a recommendation be added that the parties pursue a method of improving the road in the interim. William Poznak pointed out the road was the only way in and out of the community. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 There were 12 homes and each property owner was responsible for maintaining half the roadway in front of their dwelling. The applicant owned both sides of the road so the entire road going through the property was the applicant's responsibility. If the road were not properly maintained, it would be an issue during an emergency. It was suggested this be added to the motion. Chair Jaskiewicz closed the floor for public comments. Motion Mr. Myott suggested an additional condition of approval be added that requires the applicant to maintain the roadway at a public standard so emergency vehicles, etc., can access the property and the applicant communicate with the other neighbors regarding this issue and it would be continued at the City Commission. The motion was clarified to approve the extension subject to all the original conditions and adding the two additional conditions of approval in the staff report and the additional condition that the street be maintained at a public standard as required by City Code, and they meet with the residents living on the street and keep them informed. Vice Chair Saberson seconded the motion. Ms. Barritt suggested another condition of approval be the applicant would be required to maintain the property according to Code Compliance standards. Mr. Myott agreed to the additional condition suggested by Ms. Barritt. Vice Chair Saberson agreed to the amendment. Vote A vote was taken and the motion passed 6-1 (Mr. Lis dissenting.) Mr. Lis inquired if Mr. Jones was happy with what transpired regarding the request. Mr. Jones expressed he was not. He was appreciative of the added conditions, but he was not happy the project was moving forward as he felt the applicant had not been a good neighbor. Mr. Lis advised he wanted Mr. Jones comments on record. E. The Arches Site Plan Time Extension 1. PROJECT: The Arches (SPTE 08-010) AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP OWNER: Boynton Ventures I, LLC LOCATION: Southwest corner of Ocean Avenue and Federal Highway DESCRIPTION: Request for a third one (1) -year time extension of the site plan (MSPM 05-008) approved on 12 WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S. E. 1St Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner(aD-zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF January 14, 2009 W. Janet Prainito, Cit;' Clork City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Harbor Cay Site Plan Time Extension Our File No.: CVLL002 Dear Janet and Mike: KERRY D. SAFIER STEPHEN B. GEBELOFF Via Hand Delivery idlr. Michael W. Kumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Please consider this our formal request to withdraw the above referenced application which was heard by the Planning and Development Board on December 23, 2008. Thank you very much for your assistance in this matter. If you should have any questions, please contact me. Very y your r is1 el S. Weine MSW:ek cc: Mr. Neil Schimmel (via e-mail) Jason S. Mankoff, Esquire Ms. Ashlee L. Vargo 0:\CVLL002\Letter to Prainito and Rumpf re withdrawel.Jan 14 2009.doc VIII. -PUBLIC HEARING ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 N/A February 2, 2009 (Noon) N!A ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) �7 ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 CD March 2, 2009 (Noon) CO r-1 t'r'f ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon)C') ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business C;? Q= AGENDA ITEM ❑ Consent Agenda ❑ Legal m mom. ❑ Code Compliance & Legal Settlements ❑ Unfinished Business c ® Public Hearing ❑ RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-098. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Arches (SPTE 08-010) Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a third one (l) -year time extension of the site plan (MSPM 05-008) approved on September 6, 2005, thereby further extending site plan approval from September 6, 2008 to September 6, 2009. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES• N!A Devel'oprflnt Pepartment Director City Manager's Sign ture Assistant to City Manager l/OP6� —� Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Arches\SPTE 08-010\Agenda Item Request The Arches SPTE 08-010 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-098 TO: Chair and Members Planning & Development Board THRU: Michael Rumpff,,)i, Director of Planning and Zoning FROM: Ed Breese i Principal Planner DATE: November 10, 2008 PROJECT: The Arches / SPTE 08-010 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC Applicant / Agent: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard & Miskel, LLP Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A'� Existing Land Use/ Zoning: Mixed Use Core (MX -C) / Mixed Use High (MU -H) Proposed Uses: Request for a third site plan time extension approval for a mixed use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres. Acreage: 4.688 acres Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South: Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and farther east is developed commercial properties zoned CBD; and West: Right-of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 08-098 BACKGROUND Ms. Bonnie Miskel, agent for Boynton Ventures I, LLC, is requesting a third one (1) year time extension for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05-006), which were approved by the City Commission on September 6, 2005. When originally approved, these types of development applications were valid for one (1) year from the date of approval, unless a building permit was issued or a time extension requested. If this request for extensions were approved, the expiration date, including concurrency certification, would be extended to September 6, 2009. According to the site plan staff report, The Arches was approved to include a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant uses). The height exception request was for certain rooftop elements that conceal mechanical equipment, elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. Originally, the Arches mixed-use project was approved in 2003, and was subsequently awarded two (2) site plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new owners of the property. This, in effect, reset the entire development clock and marked the new starting point for what was essentially a new project approval. As mentioned above, the project received a Site Plan Time Extension in 2006 and 2007. As such, this would be the third site plan extension request for the revised project, in accordance with the City of Boynton Beach Code of Ordinances. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations at the time the Arches was approved, "the applicant shall have one (1) year to secure a building permit from the Development Department". This section of the code was subsequently amended to allow an eighteen (18) month window to secure the necessary permits. However, this project and all others approved prior to the code amendment, continue to be subject to the one (1) year expiration period, with the ability to apply for time extension periods of up to one (1) year. Examples of building permits that would stop the development order from expiring include, but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order or previous time extensions. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request September 5, 2008 - one (1) day prior to the expiration of the previous site plan time extension. Additional information requested by staff was received on October 15tH According to the request and justification, the agent notes the applicant has been `severely constrained" by the current housing market coupled with the "credit crunch". The applicant goes on to state that the inability to obtain the additional financing necessary for the project and for potential buyers to get loans, has greatly impacted the project from moving forward. Also, the applicant notes the project's reliance on Tax Increment (TIF) dollars from the Community Redevelopment Agency to make the project possible. Although discussions have been held regarding CRA assistance, no monies are currently allocated to this project. The agent concludes that, "The petitioner needs the requested time extension to acquire additional funding as well as let the market begin to recover. The additional units proposed by the Petitioner will contribute to the amount of residential units currently flooding the market. This overflooded market will be detrimental to the City of Boynton Beach in the short term. Postponing the addition of new units into the market will hopefully allow the supply and demand for housing to balance out". Page 3 Memorandum No PZ 08-098 Staff understands and agrees the market makes it difficult for a developer to commit additional dollars to further a project to permitting or completion. One criterion staff has typically utilized in past periods of economic boon, during the review of time extension requests, is a "good faith effort" on the part of the applicant to advance the project. Staff cannot point to anything provided by the applicant that furthers that effort. However, as mentioned earlier, in the current state of the housing market, underfunded projects may not be able to demonstrate progress, as the developer's wait out the downturn. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build -out date of 2010. Depending upon when the applicant progresses the project forward, an updated approval letter may be necessary prior to issuance of any building permits. According to the Utilities Department, the applicant has prepaid the utility impact fees, so no additional utility fees would be due at this time. Since the original approval, the City has adopted new land development regulations relative to the approval of taller structures allowed in the Mixed Use zoning districts, such as the Sky Exposure Plane. The approved plan complied with the CRA's Design Guidelines and the Mixed Use zoning regulations in effect at time of approval. The Sky Exposure Plane regulations were added to the Mixed Use districts in an effort to add architectural interest to tall buildings as well as ensure building designs that limited the shadowing effect on adjacent properties. It would appear as though the approved project would comply with the new regulations on all elevations other than the south elevation, facing SE 2nd Avenue, which appears as a sheer vertical fagade. The current required ratio of six (6) vertical feet to one (1) horizontal foot in building design would require a redesign and reallocation of space within the proposed structure. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. The site plan time extension would still be subject to the original conditions of approval (site plan and height exception). Lastly, due to the size (two city blocks) and key location of the parcel, the vacant tract detracts from the vitality and redevelopment effort of the downtown. Staff therefore recommends this be the final extension granted to the project in an effort to spur activity or submission of a new development application for this key site, to be reviewed against current design standards. RECOMMENDATION Staff recommends approval of this request for a third one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006), and that it be the final extension for the project. If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to September 6, 2009, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 08-010\Arches SPTE 08-010 Staff Report.doc Exhibit "A" - THE ARCHES Location Map J_ N E 1 ST AVE , 1 Cn LU 77 CBD - Central Business District Z rn E OCEAN AVE SE 1ST AVE SE 2ND AVE SITE I' _--C3 - Cc i Imm unity Commercial R3 - Multi -family Residential 110 55 0 110 220 330 440 Feet N �A OE S CD cn �I a� 0 I � g Uth EdSt '1p QVe f1JE a I,I ► - 'i I,^^ I ,aa III �" nl I� , B Zi0 a MA 4 m It.l I I H I �" _ c _ I I N I I I _ eF I i f I L I q 0' 4 v e r � O a I,I ► - 'i I,^^ I ,aa III �" nl I� O, -� Zi0 a MA 4 m It.l I I H I �" _ c _ I - u N �C mm x� c �3 CD CD W0 NF CN m G)p 0 79 CD C- CD 5 Z 0 �m m o E• n o 0 � n fD m �CD < - 0000a r r n c U ^, o 0 Q The Arches Centrum Properties, Inc. Maxwelle Real Estate Group, Inc. Ocean Avenue Elevation Note: Elevation is Conceptual Y=20' 0' My 28, 2005 05020 (�PENTUILE FL r1El'-0' F FROFlLE ROtTr i:_TW fSRAP"i EL..Ica._Bc iAMIN RCJF Sm FLOOR EL. x140'-4' _lim FLOOR 1 _. _ ISm FLOOR iEm FLOOR EL. .III'>• JIFf F.OJR EL r42' C' F1H FL- BiF Ft OJR _. EL. nz-e•.. a FLOOR CL .53'4' ELN .4e'-e•-'�' N FLooR _rzD FLWR l AEL .14'-B' iFI J_ IST FI ��R HOTS: ALL EXTERIOR WALL OPENINGS AND EXTERIOR Well CONSTRUCTION WILL COMPLY WITH 2u01 _FBG. 1ARIE 660 NOTE: SEE FEDERAL HIGHWAY ELEVATION FOR EXTERIOR MATERIAL DESIGNATION � 1USUS Boynton Beach, Fl_ Hirsch Associates, The Arches Centrum Properties, Inc. Maxwelle Real Estate Group, Inc. _IIWW 1WW W—M 4th Street Elevation Note: Elevation is Conceptual 1 •=20'-0' Judy 26, 2005 05020 A-13 - iF FILE RGJF. EL. al6l'-B' T/ TYF. FAR.�f - Et. a154'_D• T/MAIN RaOF. F1. aISOb' ib,N R—R _ ELEL . ETN bR 3THal - EL.atll'-o' 12TH fl' -4' R FL. NII' -4• Y IITH BOOR _ EL 00R a. wzo• 9>N Loan E1. .62•-a• - B1N FLOOR_ l a. aT-B' �+ EL FLOOR ab9b' a .59'-4' TN FLOOR _ 5. FLOOR EL NDb' iR0 FLOOR _ EL. .24$ zio FLOOR SE OF FAOR, 9m'. AR91292 `L NOTE: ALL EXTERIOR WALL OPENINGS AND EXTCRIOA WALL C T' "'T10N WILL W"' WNH 2UOi FtlC, TARLE 60D_ NOTE: 5EE fEDERAi HIGHWAY ELEVATION fOP E%laa NA MAL DESIGNATION 0 10' 50' 100' nton Beach, FL. Hirsch Associates, LLC. x � �rnrn \V O N^ C.) I V fp' CD T� (n o '^ o n V' O C1 .N Q CD C CD z M m CD =m < CD ° O o � ° ° D n O 3 0 NCD EXHIBIT' __ co4�L�E5I w/ cv, ocnce cumuues - enwos er couaosrtioe � _� eaa moscrnoe ro A P Pi = P �i pla PIS A - S�� :� s o air � ml (6 io I 6 1 � >� alI r� e 4— -A- s -6 is -s 'S- �s 03 O -mem; R. Dcn CD £l9 0 SII 1^S�GS� r • 1 AiP £ n EXHIBIT' __ co4�L�E5I w/ cv, ocnce cumuues - enwos er couaosrtioe � _� eaa moscrnoe ro A P Pi = P �i pla PIS A - S�� :� s o air � ml (6 io I 6 1 � >� alI r� e 4— -A- s -6 is -s 'S- �s EXHIBIT C SIEGEL, LIPMAN, DUNAY, SHEPARD IS MISKEL, LLP GARY S. DUNAY THE PLAZA • SUITE 801 (56 1) 368-7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: t56 1) 358-9274 BONNIE MISKEL BOCA RATON, FLORIDA 33486 WWW.SLDSMLAW.COM JONATHAN L SHEPARD CARL E. SIEGEL SCOTT BACKMAN LINDA B. LYMAN October 15, 2008 Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for The Arches ("Project") - MSPM 05-008 & HTEX 05-006 Dear Mr. Rumpf: On behalf of Boynton Ventures I, LLC ("Petitioner") please accept this letter as a follow-up to the letter dated September 5, 2008 requesting to extend the Master Site Plan (MSPM 05-008) and Height Exception (HTEX 05-006) approvals for the Arches project. The current residential market coupled with credit crunch have posed severe constraints on the Petitioner to develop the Project in a timely manner. Efforts to obtain financing through the market as well as through Tax Increment Financing ("TIF") opportunities with the City's Community Redevelopment Agency have been difficult. As you know, the Strand v. Escambia case in 2007 initially ruled that TIF bonds could not be sold wit-iout referendum. This ruling put a hold on the TIF financing that was promised to the Petitioner to assist in funding the Project. On September 18, 2008 the Strand v. Escambia ruling was overturned, thus now allowing TIF financing to become available once again without the need for referendum. The TIF bonds that were once available now must be reallocated as the City's Community Redevelopment Agency sees fit. Additionally, the credit crisis has greatly impacted the Project's ability to obtain additional needed financing as well as impacted potential buyers interested in the Project. Everyday news reports and articles indicate that the economy is headed deeper into the present recession. Banks are no longer lending money to one another and the public is being squeezed as a result. As companies across the state and nation are unable to borrow, they begin to cut jobs, cease investment, and begin defaulting on their debt in large numbers. In addition, the number of foreclosures has begun to surpass the number of homes being sold on the market. This inequity greatly affects the sales of new homes within new developments. Consumers looking to tighten their own wallets in the face of a recession are heginning to "bargain shop." This new trend affects the price at which new homes can be sold in order to stay competitive with the rest of the homes on the market. The Petitioner is caught in the middle of the downturning residential market anc the existing credit crisis. Before the crisis threw the market 'out of whack,' a developer couid work with Wall Street investment banks to acquire financing, but are now feeiing saueezed as their, funding comes from the same pool of money a= individual home owners The Petitioner needs the requested time extension to acquire additional funding as well as let the market to begin to recover. The additional residential units proposed by the Petitioner will contribute to the amount of residential units currently flooding the market. This overflooded market will be detrimental to the City of Boynton Beach in the short term. Postponing the addition of new units into the market will hopefully allow the supply and demand for housing to balance out. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at(561)237-1524. Sincer,ply, Bonnie Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP EXHIBIT "D" Conditions of Approval Project name: Arches File number: 08-010 F- DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS — Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval S:'.Planning`,S}{ARED,.WP\PROJECTS\ARCHES (a--. BB\SPTE 08-0101,C'OA.doc -7 DEPARTMENTS INCLUDE REJEC"i i PLANNING AND ZONING Comments: i 1. The time extension is subject to the original Conditions of Approval. j X 2. Recommend no further time extensions be granted to MSPM 05-008 and X HTEX 05-006. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I 71 Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS I l Comments: To be determined. i S:'.Planning`,S}{ARED,.WP\PROJECTS\ARCHES (a--. BB\SPTE 08-0101,C'OA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC APPLICANT'S AGENT: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard & Miskel, LLP AGENT'S ADDRESS: 5355 Town center Road, Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2009 TYPE OF RELIEF SOUGHT: Request for a third one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2009 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 08-010\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 There were 12 homes and each property owner was responsible for maintaining half the roadway in front of their dwelling. The applicant owned both sides of the road so the entire road going through the. property was the applicant's responsibility. If the road were not properly maintained, it would be an issue during an emergency. It was suggested this be added to the motion. Chair Jaskiewicz closed the floor for public comments. Motion Mr. Myott suggested an additional condition of approval be added that requires the applicant to maintain the roadway at a public standard so emergency vehicles, etc., can access the property and the applicant communicate with the other neighbors regarding this issue and it would be continued at the City Commission. The motion was clarified to approve the extension subject to all the original conditions and adding the two additional conditions of approval in the staff report and the additional condition that the street be maintained at a public standard as required by City Code, and they meet with the residents living on the street and keep them informed. Vice Chair Saberson seconded the motion. Ms. Barritt suggested another condition of approval be the applicant would be required to maintain the property according to Code Compliance standards. Mr. Myott agreed to the additional condition suggested by Ms. Barritt. Vice Chair Saberson agreed to the amendment. Vote A vote was taken and the motion passed 6-1 (Mr. Lis dissenting.) Mr. Lis inquired if Mr. Jones was happy with what transpired regarding the request. Mr. Jones expressed he was not. He was appreciative of the added conditions, but he was not happy the project was moving forward as he felt the applicant had not been a good neighbor. Mr. Lis advised he wanted Mr. Jones comments on record. E. The Arches Site Plan Time Extension 1 _ PROJECT: The Arches (SPTE 08-010) AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard "Jliskel, LLP OWNER: Boynton Ventures I, LLC LOCATION: Southwest corner of Ocean Avenue and Federal Highway DESCRIPTION: Request for a third one (1) -year time extension of the site plan (MSPM 05-008) approved on 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 September 6, 2005, thereby further extending site plan approval from September 6, 2008 to September 6, 2009. Mr. Breese presented the request and advised the plan was previously approved to include 378 dwelling units and 40,596 square feet of residential living space and a height exception of 17 feet to cover and conceal the rooftop equipment, stairwells and elevator shafts. The request was originally approved in 2003 and received two additional site plan time extensions. In 2005, the project received a major site plan modification which created a new approval date. The applicant was severely constrained by the current housing market, coupled with the credit crunch. The inability of the applicant to obtain the additional financing necessary for the project and for potential buyers to obtain loans, impacted the project as well as the projects reliance on the Tax Increment Funding (TIF) from the Community Redevelopment Agency. The extension was needed to obtain additional funding, as well as allowing the market to recover. Postponement of the addition of new units into the market would hopefully allow the supply and demand in the housing market to balance it out. Palm Beach County Traffic Engineering acknowledged the project was within the Traffic Concurrency Exception Area (TCEA) and met the traffic performance standards of the County. The Utilities Department noted the applicant prepaid their Utility fee and no further fees were due at this point. Since the original project approval, the City adopted new zoning regulations relating to taller buildings which set a six -to -one ratio of vertical versus horizontal planes. The Arches would comply with the new ratio with the exception of the south fagade. To comply with that, it would need to be redesigned and have some of the interior space reallocated. Staff recommended approval of the extension, but had concerns due to the project area comprising two city blocks in the heart of the downtown on a key parcel. Because it was vacant, it was not assisting with the redevelopment of the downtown area. Accordingly, staff recommended this request be the last site pian time extension to be approved. Mr. Breese explained a TCEA area was exempt from the concurrency requirements due to it being in a redevelopment area and close to transit. There were parking standards and some improvements would be made; however, there was no room for improvements to the right-of-way. Improvements were proposed for 4th Street, but not on Federal Highway. Bonnie Miskel, Attorney for the applicant, explained since the original approval and due to financial reasons, the applicant had to modify the site plan. Part of their financing package included TIF funds. When the applicant extended the site plan, their TIF agreement was due to expire. The applicant had an agreement with the Community Redevelopment Agency, that when they were ready to move forward, they would return and request the funds, as opposed to encumbering the funds prematurely. When the applicant was considering moving the project forward in the City, the Strand lawsuit arose which caused the project to stall. She advised since the Strand decision was overturned, the TIF funds 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 became available. In the interim, the land lender contacted them and requested they contribute additional equity because the value of the property decreased. The applicant intends to develop the site and was hopeful the economy would turn around towards the end of 2009. They were seeking to be positioned for that occurrence. The previous request to the applicant to plant vegetation along the parcel as completed. They were committed to the investment and being a partner with the City. The applicant acknowledged the extension would be the last extension. Chair Jaskiewicz opened the floor for public hearing. Harvey Oyer, 512 N. Seacrest Boulevard, explained he owns three buildings directly across from the subject: property, and thought the plan was an abomination. He provided a history of the property and advised in 1982 the voters approved a 45 -foot height limitation. Approximately seven years ago, the former Chairman of the Community Redevelopment Agency was advised by the City Attorney the referendum could be ignored. The Chairman flipped the property and made a commission. When that occurred, individuals began buying property with the understanding they could develop high-rise buildings. Developers closed businesses and demolished buildings; however, the market changed. He explained there was an excess of condominiums being constructed across the state and it affected taxes. It also adversely affects the maintenance of the buildings. He explained owners can demolish existing structures and replace them with high rises, which he expressed was a detriment to the community, businesses and residents paying the taxes. Chair Jaskiewicz explained the time for comments was when the original plans were presented, and the Board was only deciding to grant a time extension. She doubted, with the lessons learned from the Marina, the applicant would scale down the project more, seeing the lack of tenants at Marina Village. Mr. Oyer recalled he lived through the Depression and it took longer for this area to recover. The current fiscal environment was difficult. He recommended turning the project down, and the applicant re -approach the Board with a new plan when it was ready to be developed. He also suggested they recommend the City lease the property for approximately three years for $10 per year, remove the fence and landscape it. By doing so, it would help stabilize the community. Chair Jaskiewicz closed the public hearing. Ms. Miskel explained she spoke with staff, who understood the financial crisis, but expressed they were hopeful 2009 would bring some changes to the economy. She also clarified, when the project was reviewed, the City Attorney advised their plan met the Comprehensive Pian and zoning requirements. Mr. Lis observed the palm trees planted on the property were planted behind the fence and had not been trimmed or maintained. He also acknowledged the extension was a place holder, and the site plan was aggressive in its time. He commented a project approved three years ago may not be appropriate a year from now. He did not think a project that 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 had greater density and intensity than the proposed project would be wanted and he would not want to limit the extensions for those reasons only. Staffs decision to limit the extension was based on it being such a large parcel in the very heart of the downtown area. The vacant parcel was not enhancing the City's image Ms. Killian questioned the look of the project. It was explained it was the concept for the heart of the downtown area where the marina was. It would be a wedding cake type of design with the tallest buildings in the heart of downtown and sloping down at the perimeter. The design was approved by Visions 2020 and other entities in the City. Ms. Killian recognized the City needed a downtown, but could not support the request. She expressed Las Ventanas was heinous, and did not believe Boynton Beach should have high rise buildings. It impacted individuals' homes, and she did notwant a conglomeration of enormous buildings. Chair Jaskiewicz explained the original plan was not for high rise buildings. Ms. Miskel indicated to have an area that would be successful, there needed to be sufficient demographics to support it. Accordingly, there would be an urban core. Chair Jaskiewicz asked for a motion to include the original conditions of approval and the additional condition there would be no further time extensions and this site plan would expire September 6, 2009. Motion Ms. Barritt so moved including the preexisting conditions and the new condition that the approval would be their last and final site plan extension. Mr. Myott seconded the motion that passed 5-2 (Mr. Lis and Ms. Killian dissenting.) F. Tuscan Villas Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (SPTE 08-011) Ken Tuma, Urban Design Studio Tuscan Villas @ Boynton Beach East of Federal Highway; approximately 1,100 feet north of Gulfstream Boulevard Request for a second one (1) -year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan approval from October 18, 2008 to October 18, 2009. Kathleen Zeitler presented the request and explained the project was zoned infill PUD and had a special high density, residential land use. The project was approved for 22 town- house style condominium units. If the request is granted, the site plan including concurrency certification would be extended to October 18, 2009. The applicant demonstrated good faith efforts to move the project forward and secured permits from ii>F RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-094. EXPLANATION: PROJECT: Tuscan Villas (SPTE 08-011) AGENT: VIII. -PUBLIC HEARING OWNER: Tuscan Villas @ Boynton Beach CITY OF BOYNTON BEACH ITEM G. Boulevard DESCRIPTION: AGENDA ITEM REQUEST FORD_ (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) O C --} ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 pD March 2, 2009 (Noon) C7 ^.0 —� Com' ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) N M C X ❑ Announcements/Presentations ❑ City Manager's Report W .0 NATURE OF ❑ Administrative ❑ New Business AGENDA ITEMCMn ❑ Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business E Public Hearing ❑ RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-094. EXPLANATION: PROJECT: Tuscan Villas (SPTE 08-011) AGENT: Ken Tuma, Urban Design Studio OWNER: Tuscan Villas @ Boynton Beach LOCATION: East of Federal Highway; approximately 1,100 feet north of gulfstream Boulevard DESCRIPTION: Request for a second one (1) -year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan approval from October 18, 2008 to October 18, 2009. PROGRAM IMPACT: N/A FISCAL IMPACT: NJA ALTERNATIVES: /A Develo` ent De artment Director City Manager's Sign to/rye//nn,, Assistant to City Manager Cw,� Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 08-011\Agenda Item Request Tuscan Villas SPTE 08-011 1-20-09.doc S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-094 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf, . Director of Planning and Zoning FROM: Kathleen Zeitler V -,- Planner II DATE: November 14, 2008 PROJECT: Tuscan Villas (SPTE 08-011) REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Tuscan Villas at Boynton Beach, LLC Applicant / Agent: Ken Tuma, Urban Design Studio Location: East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Location Map — Exhibit "A'� Existing Land Use: Special High Density Residential (SHDR — maximum 20 du/ac) Existing Zoning: Infill Planned Unit Development (IPUD) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Uses: 22 townhouse -style condominium units (16.4 dwelling units/acre) Acreage: ±1.341 acres (58,414 square feet) Adjacent Uses: North: Recently annexed and renovated commercial (Ticket Clinic) designated Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed multi -family residential designated with Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CH/5) land use and zoned Palm Beach County Commercial General (CG); East: Developed single-family residential subdivision (Tradewinds Estates) classified in Palm Beach County as Medium Density Residential (MR -5), and zoned Single - Family Residential (RS) in Palm Beach County; and, Page 2 Memorandum No. PZ 08-094 Tuscan Villas SPTE 08-011 West: Right-of-way for Federal Highway, then farther west is property classified as Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD), approved for 109 rental apartments (forthcoming Gulfstream Gardens II project). BACKGROUND The subject property consists of 1.34 acres zoned Infill Planned Unit Development (IPUD), located on the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard, within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-002), the proposed Tuscan Villas is a redevelopment project approved for 22 townhouse -style condominium units, recreational amenities, and related site improvements. The project has been approved for the following: an annexation (ANEX 06-002); a land use amendment (LUAR 06-002) from Palm Beach County Commercial High, with an underlying Medium Residential, 5 units per acre (CH/5) to Special High Density Residential (SHDR — 20 du/ac) classification; a rezoning (LUAR 06-002) from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district; a new site plan (NWSP 06-002), and a site plan extension (SPTE 07-011). The 22 units are proposed in one (1) phase on the 1.34 -acre site (see Exhibit "B'�, designed within five (5) separate buildings with three (3) units to six (6) units per building. The project proposes four (4) model types, ranging from 1,947 square feet to 2,513 square feet of air-conditioned space. The proposed dwellings are two (2) and three (3) stories. The easternmost portion of each townhouse building (adjacent to the single-family homes) are proposed at two (2) -stories rather than three (3) - stories. A buffer wall is proposed along the east property line in conjunction with a multitude of trees and shrubs that would provide the necessary buffering between the townhouses and the adjacent single- family neighborhood. The recreation area would be located at the center of the site, centrally located to all residents and include a swimming pool, cabana building, decorative water fountain, and bicycle racks. The proposed buildings and clubhouse resemble a modern Spanish -Mediterranean design with textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels, rounded - windows, wood -panel front doors, clear glass with bronze finish aluminum frames, and S -tile roof. The exterior walls of the buildings would consist of the following neutral colors: peach, cream, and yellow with white trim. PROPOSAL Mr. Ken Tuma, agent for the property owners, is requesting a second one (1) -year site plan time extension for the Tuscan Villas New Site Plan Development Order (NWSP 06-002), which was approved by the City Commission on April 18, 2006 (see Exhibit "C'�. The master plan/site plan approval for the IPUD is valid for 18 months from the date of approval, allowing an initial 18 -month period to secure a building permit. The first site plan time extension (SPTE 07-011) for this project was approved on December 3, 2007, which extended site plan approval for one (1) year, from October 18, 2007 to October 18, 2008. If this request for an additional extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to October 18, 2009. Page 3 Memorandum No. PZ 08-094 Tuscan Villas SPTE 08-011 ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, the applicant shall have eighteen (18) months to secure a building permit from the Development Department. Examples of building permits include but are not limited to the following: plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning and Zoning Division received the application for time extension on September 9, 2008, 40 days prior to the expiration date of the site plan. The agent states in the request submitted that, due to the recent downturn in the residential market, the applicant has not been able to secure new construction financing. The following accomplishments demonstrate their "good faith" efforts in securing a building permit for the project: (1) the 2007 payment of reservation fees for utilities in the amount of $3,243.24 for the project; (2) secured required permits for FDOT drainage, temporary and permanent driveways, and fire -rescue; (3) discussions with the Engineering Division and the preparation and submittal of revised utility plans and plats for Engineering approval; and, (4) the completion of revised construction drawings to address comments received from pre -review of plans submitted in June, 2007. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the Tuscan Villas project based on a total of 22 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build -out date of 2010. The site plan time extension is still subject to the original 36 conditions of site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after the adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. A condition of approval imposed by the City Commission for the first time extension (SPTE 07-011) required the applicant to plant Royal Palms along the west property line of the subject property (abutting the Federal Highway right-of-way) as an interim improvement. A site inspection revealed that this condition has been satisfied. Lastly, the utilities capacity reservation fee for Tuscan Villas IPUD expired on October 16, 2008. Utilities records indicate the annual utility reservation fee is once again due. The renewal fee, based upon 22 units including the clubhouse is $3,243.24. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward. Staff recommends a condition of approval requiring the applicant pay the utility reservation fee in order to ensure capacity will be available when project commencement is anticipated (see Exhibit "D" - Conditions of Approval). Page 4 Memorandum No. PZ 08-094 Tuscan Villas SPTE 08-011 SUMMARY/ RECOMMENDATION Staff recommends approval of this request for a second one (1) -year time extension of the Tuscan Villas site plan (NWSP 06-002). If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to October 18, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. The proposed Tuscan Villas project will provide an opportunity for redevelopment in a highly visible entrance corridor into the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions from the original site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D'�. S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 08-011\Staff Report.doc Locp�S,014 MAP \Imas Tuscan IPUD PUD C,.3 PUD 7fl, subject Site _ ag U U m C;ountv GG Gulfstrealo OR County 104 coon BOO F eet EXHIBI-T B The Villas at Boynton Beach \! I -k Florida City of Boynton Bei h Site De velopment Plan \~�` _�. fif -k & _/ w �. / � \� \ \� / \; \ \\, ƒJ; �� '® ;} � \ (( sv-;§ � \ \ � ^� � \ The Villas at Boynton Beach \! I -k Florida City of Boynton Bei h Site De velopment Plan \~�` _�. fif September 4. 200, Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach Development Department Planning & Zoning Division 100 E. Bovnton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 LXHIBIT urbon desian Urban Design Urban Planning Land Planning Landscape Architecture RE: Tuscan Villas (aka The Villas at Boynton Beach) File No.: NWSP 06-002 Location: On the east side of Federal Hwy. approximately 1,100 feet north of Gulfstream Blvd. Dear Mr. Rumpf, Tuscan Villas, also known as the Villas at Bovnton Beach, is an approved 22 -unit townhome development located on the east side of Federal Highway, north of Gulfstream Boulevard in the City of Boynton Beach. The City approved an Annexation, a Future Land Use Map Amendment. a Rezoning and a Site Plan for the project in the spring of 2006. The Development Order was granted by the City Commission on April 18, 2006. Since the Development Order was granted, approvals have been obtained for the FDOT drainage, fire -rescue, the temporary driveway. and the permanent driveway. Construction Documents have been submitted to the City of Boynton Beach for pre -review of the permit drawings and comments have been received. Also, the property owner has meet several times with the Engineering Department to discuss the utility plans and proposed plat. The property owner must still secure approval from the City of Boynton Beach for the Utility Plans and for the Plat/Engineering plans. The FDOT Utility Permit and Health Department permits are also outstanding, but they can not begin until the City has approved the Utility Plans and Plat/Engineering Plans. Although a building permit has not been secured and the property owner would like the approval to remain vested. In November of 2007, the City of Boynton beach granted a one year time extension through October 18, 2008. Please accept this letter as a formal request for an additional one year site plan approval time extension to October 18. 2009. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Piac G:`Jobs\Paisley Custom Homes\Boynton Beach Prop\Agencv Corres\Time Extension\09040£; Extension Request.wpd West Palm Beach, FL 33401 t.CC3s 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Mr. Michael W. Rumpf Page 2 As I am sure you are aware, since receiving approval of the site plan the housing market in South Florida has taken a downturn. Unfortunately, this change in the market has affected the ability for developers to receive financing for their projects in a timely fashion. Financing for a condominium development has become especially hard to receive. The property owner and the City worked hard to bring the application before the City Commission in 2006 and we believe that when developed, the project will be a great addition to the City. The property owner remains very excited about the development and is committed to its successful completion. Thank you in advance for your consideration of the time extension request. Sincerely yours, URBAN DESIGN STUDIO Ke�� en Tuma, Principal CC: Mr. Jim Paisley Mr. David Lawrence Mr. Mike Hagerty G:\Jobs\Pais1ey Custom Homes\Boynton Beach Prop\Agency Corres\Time Extension\090405 Extension Request.wpd LCC3 EXHIBIT "D" Conditions of Approval Project name: Tuscan Villas File number: SPTE 08-011 Reference: DEPARTMENTS INCLUDE REJEC 1 PUBLIC WORKS- General Comments: None I X f PUBLIC WORKS- Traffic Comments: None h UTILITIES i Comments: 1. The applicant shall pay the utility reservation fee in order to ensure capacity x _ will be available when project commencement is anticipated. FIRE u Comments: None x POLICE v Comments: None x ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None h� PARKS AND RECREATION Comments: None x' FORESTER/ENVIRONMENTALIST I Comments: None k PLANNING AND ZONING �1 �I Comments: Conditions of Approval DEPARTMENTS INCLUDE REJECT 2. The site plan time extension shall be subject to all previous Conditions of Approval. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 08-011\COA.doe DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach ) APPLICANT'S AGENT: Ken Tuma / Urban Design Studio APPLICANT: Tuscan Villas at Boynton Beach, LLC APPLICANT'S ADDRESS: 631 US Highway 1, Suite 220, North Palm Beach, Florida 33408-4614 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2009 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 22 townhouse -style condominium units on 1.34 acres in the IPUD zoning district. LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Exhibit "A" — Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. ?. Other DATED: City Clerk S:\Planning\.SHARED\WP\PROJECTS\Tuscan Villas\SPT£ 08-01I\DO.dnc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 had greater density and intensity than the proposed project would be wanted and he would not want to limit the extensions for those reasons only. Staff's decision to limit the extension was based on it being such a large parcel in the very heart of the downtown area. The vacant parcel was not enhancing the City's image Ms. Killian questioned the look of the project. It was explained it was the concept for the heart of the downtown area where the marina was. It would be a wedding cake type of design with the tallest buildings in the heart of downtown and sloping down at the perimeter. The design was approved by Visions 2020 and other entities in the City. Ms. Killian recognized the City needed a downtown, but could not support the request. She expressed Las Ventanas was heinous, and did not believe Boynton Beach should have high rise buildings. It impacted individuals' homes, and she did not want a conglomeration of enormous buildings. Chair Jaskiewicz explained the original plan was not for high rise buildings. Ms. Miskel indicated to have an area that would be successful, there needed to be sufficient demographics to support it. Accordingly, there would be an urban core. Chair Jaskiewicz asked for a motion to include the original conditions of approval and the additional condition there would be no further time extensions and this site plan would expire September 6, 2009. Motion Ms. Barritt so moved including the preexisting conditions and the new condition that the approval would be their last and final site plan extension. Mr. Myott seconded the motion that passed 5-2 (Mr. Lis and Ms. Killian dissenting.) F. Tuscan Villas Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (SPTE 08-011) Ken Tuma, Urban Design Studio Tuscan Villas @ Boynton Beach East of Federal Highway; approximately 1,100 feet north of Gulfstream Boulevard Request for a second one (1) -year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan approval from October 18, 2008 to October 18, 2009. Kathleen Zeitler presented the request and explained the project was zoned infill PUD and had a special high density, residential land use. The project was approved for 22 town- house style condominium units. If the request is granted, the site plan including concurrency certification would be extended to October 18, 2009. The applicant demonstrated good faith efforts to move the project forward and secured permits from 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 FDOT for drainage, temporary and permanent driveways, fire rescue and submitted revised utility plans and plats for engineering approval, and revised construction drawing to address comments from prior reviews. The request would be subject to the original 36 conditions of approval including the Art in Public Places Ordinance. The capacity utilities reservation fee expired and staff recommended as a condition that the applicant pay $3,243 for the fee in order to ensure capacity was available when the project begins development. Staff recommends approval with two conditions for the second time extension. Ken Tuma, agent for the property, accepted all the conditions, both previous and the ones associated with the second site plan time extension. He indicated the property was well maintained. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Motion My Myott moved approval of the second one-year site plan time extension subject to staff comments. Ms. Barritt seconded the motion that unanimously passed. G. Lake Worth Christian School Site Plan Time Extension 1. PROJECT: Lake Worth Christian School (SPTE 09-001) AGENT: Jeff Zito, Project Manager OWNER: Lake Worth Christian School Society, Inc. LOCATION: 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road DESCRIPTION: Request for a one (1) -year site plan time extension of the conditional use/major site plan modification (COUS/MSPM 07-003) approved on July 17, 2007 for 18 months, thereby extending approval from January 17, 2009 to January 17 2010. Mr. Breese explained the original staff report indicated the applicant received approval for a 19,555 square foot classroom addition and a 15,000 square foot general use building and 6,000 square foot athletic building. The applicant also received a height exception of one foot, ten inches to accommodate the elevator shaft on the two-story classroom addition. After the applicant received City Commission approval, the architect redesigned the interior of the building to provide for better operations, which resulted in a minor plan modification which was approved by staff in October. Since then, the architect has been working on the permit plans. The development order was set to expire in January and they did not feel there was enough time to obtain the needed permits to keep the project alive. Accordingly the applicant was requesting the time extension. Staff recommended approval of the 16 � Lake Worth Christian School (SPTE 09-001) VIII•"PUBLIC HEARING Jeff Zito, Project Manager OWNER: ITEM H. LOCATION: 7592 High Ridge Road, east side of High Ridge Road approximately one-half CITY OF BOYNTON BEACH mile north of Miner Road DESCRIPTION: li,m_,.� AGENDA ITEM REQUEST FORivi site plan modification (COUS/MSPM 07-003) approved on July 17, 2007 for 18 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) : ® 20, 2009 January 5, 2009 ❑ March 17, 2009 Ca March 2, 2009 (Noon) r;{ -.t ^C January (Noon) CD Com') ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) N vsC3� ❑ Announcements/Presentations ❑ =C City Manager's Report © X NATURE OF ❑ Administrative ❑ W New Business AGENDA ITEM ❑ Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business N Public Hearing ❑ RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-106. EXPLANATION: PROJECT: Lake Worth Christian School (SPTE 09-001) AGENT: Jeff Zito, Project Manager OWNER: Lake Worth Christian School Society, Inc. LOCATION: 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road DESCRIPTION: Request for a one (1) year site plan time extension of the conditional use/major site plan modification (COUS/MSPM 07-003) approved on July 17, 2007 for 18 months, thereby extending approval from January 17, 2009 to January 17, 2010. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:ilzf / f Develo nt p ent Direct Yr I'JA. .9 - City Manager's Signature Assistant to City Manager Cft L__ Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\SPTE 09-001 \Agenda Item Request Lake Worth Christian School SPTE 09-001 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: Property Owner: Applicant / Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-106 Chair and Members Planning & Development Board Michael Rump Director of Plan g and Zoning Ed Breese Principal Planner December 8, 2008 Lake Worth Christian School (SPTE 09-001) Site Plan Time Extension PROJECT DESCRIPTION Lake Worth Christian School, Inc. Mr. Jeff Zito, Land Design South East side of High Ridge Road, approximately one-half mile north of Miner Road (see Exhibit "A" — Location Map) Public/Private, Government, Institutional (PPGI) R -1 -AA, Single family Residential No change proposed No change proposed Expansion of school facilities 16.24 acres North: Single-family homes, zoned AR (County); South: Single-family homes (Cedar Ridge Estates PUD), zoned PUD; East: Rights-of-way for CSX Railroad and I-95; and West: High Ridge Road, and farther west, Single-family homes zoned AR (County). Page 2 Memorandum No. PZ 08-106 LW Christian School SPTE 09-001 BACKGROUND Mr. Jeff Zito, agent for Lake Worth Christian School, Inc., is requesting a one (1) -year site plan time extension for the Lake Worth Christian School Conditional Use/Major Site Plan Modification Development Order (COUS/MSPM 07-003) and Height Exception (HTEX 07-004), which were approved by the City Commission on July 17, 2007. The conditional use/major site plan modification and associated height exception approval are valid for eighteen (18) months from the date of approval. If this request for a one (1) -year time extension were approved, the expiration date of the approvals, including concurrency certification would be extended to January 17, 2010. According to the COUS/MSPM staff report, the school requested approval for a 19,555 square foot Early Childhood Development Center/Elementary School addition, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building. The subject parcel is currently developed with a 13,952 square foot high school building, a 6,500 square foot middle school building, a 10,797 square foot elementary school building, a 15,160 square foot gymnasium, and outdoor recreation facilities. As noted above, the applicant also received approval for a Height Exception in conjunction with the COUS/MSPM approval, for the Early Childhood Development Center/Elementary School. This building is proposed immediately east of the existing elementary school building (the easternmost building on the campus), as a two (2) -story building. The maximum allowable height for the R -1 -AA zoning district is 30 feet. The top of the principal parapet wall is proposed at 26 feet — 6 inches in height. The elevator tower of the building has a hip roof to coordinate with the other standing seam metal roofs on the structure, and this roof measures a height of 31 feet — 10 inches, or one (1) foot — 10 inches above the maximum allowable height in the R -1 -AA zoning district. Additionally, the applicant received Minor Site Plan Modification approval for slight building, parking layout and landscape placement changes resulting from internal room layout modifications to improve the internal flow and classroom operations. ANALYSIS The Land Development Regulations state that the applicant shall have eighteen (18) months to secure a building permit from the Development Department. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for a site plan time extension on October 3, 2008, more than three (3) months prior to the expiration date of the site plan (see Exhibit "C'�. According to the justification submitted for the requested time extension, the applicant continued to work with the architect to refine the interior layout for maximum efficiency of the space after receiving COUS/MSPM approval, which resulted in the submission and approval of a Minor Site Plan Modification in October of this year. Since receiving that approval, the architect has been working to finalize drawings for permit submittal. In the short amount of time remaining after the modification approval, the applicant does not believe there will be sufficient time to pull the necessary permits prior to expiration of Page 3 Memorandum No. PZ 08-106 LW Christian School SPTE 09-001 the COUS/MSPM development order. Staff acknowledges that the applicant has been in constant contact with the City regarding any proposed changes, questions, and updating the status of their project. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. The Palm Beach County Traffic Division approved the original traffic study for the school expansion project with the requirement that no permits be issued after the build -out date of 2010. The requested time extension for the development order would extend the life of the approval to January of 2010. Therefore, the applicant will have time remaining on the current approval letter. Should the applicant not be able to perform in that timeframe, an updated traffic concurrency approval letter from Palm Beach County will be required. As for utilities, records indicate the utility reservation fee is due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward. The site plan time extension is still subject to the conditions of the COUS/MSPM, HTEX and MMSP approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the site plan request was filed after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. SUMMARY/ RECOMMENDATION Staff recommends approval of this request for a one (1) -year time extension of the conditional use/major site plan modification (COUS/MSPM 07-003), as modified by the minor site plan modification (MMSP 08- 069), and height exception (HTEX 07-004) approvals. If these requests for extension were approved, the expiration, including concurrency certification, would be extended to January 17, 2010, and all outstanding conditions from the previous approvals must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D'�. 5:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\SPTE 09-001\Staff Report.doc � -A L'a= 7777, Zr AL TEfEESBEIIUDrHERET,V,KIC`— A BS DEEP AS THE REIAMING tt-rt I, A PER OR APPRUVED EQUAl L R bob P ANT SCHEDUL E #1 AND 42 HII.E BEEN EIJ F', I, I f 1 T T,,[- ja a 7" 1 PLANT SCHEDUR El FIR THE 841 c11- �, ;,ii I IFIE LXISTINGPAHi OF ]HE SITE ILLLANDSCAPEMATIRJAi f— I,KICIHL-101i rill' I- I IRRIGATION SI' STEM 7_ I LANDSCAPE WITHIN THE SIL;I;,r fCRIA -SH�[l bE III UI!' �eSqttl IL I LEVEL t� < ALL LANDSIAPLPLA1,TUj14EIIfFt SF—'EPLlrL,--A 4�tL III ACCORDANCE WITH THE GUILIH lNt� -I FPI , if It I iGLll I- LL III C HL t THE HE GHT OF TRE S MAI BE,fAF CEP 111 )H [,L I, 11, -"! I.L. E f %14 LRH :l'n c/1 I ) K A, GR.1 'I'D ANY CLEAR TRUNK NK 5P ECIF CA O i I10 SIR SF IIITo CYPRESS FRA CIL CAN BE USUC`11I 711E 111, 14 IT,, IITI 41 1,1 -1, t IINCLOD I PATIO; aU. UTILITY BOXES OR STH[ - 11) PF , 11 to CH, ON THREE SIDES 11111:10RIII _IRR GAT ON STIOLED USE 14-4 PUTASI E ITCH —L- IF L I T� LL FIRST FLOOR 11 1 - i �', i IAN IC, Ili Cl 111) n, CI Zi URE Al 4 D I A I JD IC kFt IS e Uf) I r I G � �, � , � R C_ ONES ANDTFIE DURATION F00 NEFV-'Tj,— q TFEES SH(CtILD HAVE SEPARA 1, IT T 1, i, 0 -7 t[EMENTAKI TOTHERO T134IF TT"', oil ALL REL.CAULD TREES I I I- I LC, 14 l IS I T THE SAME SIZE . L�ET 4-11uf I TIC 1, l lt4 U z EEND CC 00, l�4 Lu LU _j G� ji i174E S LOCATION HAP it LANDSCAPE M qI AN —1 71 S 14 E E T LP -3 2 South Elevation North Elevation �Um Lake Worth Christian School Color Elevations rif-ift, Early Development/Elementary Center 09/12/08 Boynton Beach, Florida 0 F1 0 0 D P 11 F1 [ I F1 n El 1-1 E) 0 11 11 El U 0 0 F) F] j F1 11 L) U U : S111 .10 PAINT LEGEND IES IN/!M RM1Rils<11 to pULliII PAINT!< IAUORf RR ONMprt -.M4 -W NAM RA16 North Elevation �Um Lake Worth Christian School Color Elevations rif-ift, Early Development/Elementary Center 09/12/08 Boynton Beach, Florida 0 F1 0 0 D P 11 F1 [ I F1 n El 1-1 E) 0 11 11 El U 0 0 F) F] j F1 11 L) U U : S111 .10 12 I Fast Elevation 1 I West Elevation Lake Worth Christian School Early llevetopmeut/Elementary Center Boynton Beach, Florida Color Elevations 09/12/08 PAINT LEGEND vin iwwcer mrrz mise+ ctt wNl. Pnal aaga 999 ', �eanlyy I LRTPaIOI W.U1. t10➢m1UR. UUCUa PePlIJ ..+oranw QYOLVi11 0 PY9Y1 'ylli � I IIRIID@didA@ilAtcetl9II. weramnuea�slaanxllrrr !h'a'. n�a QQObtitlAR uwlx re¢m i wolAN Vravn Pi�e�rr siu> I RSP O1na i u� ❑w0 A NID ®A.2 1 I West Elevation Lake Worth Christian School Early llevetopmeut/Elementary Center Boynton Beach, Florida Color Elevations 09/12/08 LAND DESIGN SOUTH October 3, 2008 Mr. Edward Breese Planning Landscape Architecture Environmental Services Transportation 561.478.8501 . FAX 561478-5012 • 2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 Planning and Zoning Department City Hall -West Wing 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Lake Worth Christian School Time Extension Dear Mr. Breese, On behalf of the petitioner, Land Design South respectfully requests a one (1) year Time Extension for the approved Lake Worth Christian School Site Plan. As you may be aware, the Lake Worth Christian School is an existing facility which received Major Site Plan Modification approval on July 17, 2007 for the addition of an elementary school and early childhood development care facility. Since the above mentioned approval, the school has been working with the project architect to redesign the interior layout of the proposed elementary building to better suit the school's needs. The proposed building redesign and subsequent site and landscape plan revisions were recently submitted to the City of Boynton Beach for review in the form of a Minor Site Plan Modification. Due to the processing time required for the Minor Modification and required building permits, the applicant does not anticipate that a building permit will be obtained prior to the January 17, 2009 deadline. As such the applicant is requesting a one year time extension. Should you have any questions regarding this application and submittal documents, please do not hesitate to contact our office. Sincerely, LAND DESIGN SOUTH se, Zito Project Manager cc: Arianne Nielsen PA1328\1328.1\LDS Documents\Letters\2008-10-03_Time Ext Cover Letter_1328.1.doc EXHIBIT C EXHIBIT "D" Conditions of Approval Project name: Lake NN'orth Christian School File number: SPTE 09-01 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS — Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None ?; UTILITIES Comments: None X FIRE Comments: None i X Comments: None POLICE x i i ENGINEERING DIVISION i Comments: None X BUILDING DIVISION i Comments: None X PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENTALIST Comments: None x Conditions of Approval L F- DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. The site plan time extension is subject to all previous conditions of approval. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\SPTE 09-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Worth Christian School APPLICANT'S AGENT: Jeff Zito - Land Design South APPLICANT'S ADDRESS: 2101 Centrepark West Drive Suite 100, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2009 TYPE OF RELIEF SOUGHT: Request for a one (1) -year site plan time extension to the previously approved Conditional Use/Major Site Plan Modification Development Order (COOS/MSPM 07-003) and Height Exception (HTEX 07-004). LOCATION OF PROPERTY: East side of High Ridge Road; North of Miner Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\SPTE 09-001\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 FDOT for drainage, temporary and permanent driveways, fire rescue and submitted revised utility plans and plats for engineering approval, and revised construction drawing to address comments from prior reviews. The request would be subject to the original 36 conditions of approval including the Art in Public Places Ordinance. The capacity utilities reservation fee expired and staff recommended as a condition that the applicant pay $3,243 for the fee in order to ensure capacity was available when the project begins development. Staff recommends approval with two conditions for the second time extension. Ken Tuma, agent for the property, accepted all the conditions, both previous and the ones associated with the second site plan time extension. He indicated the property was well maintained. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Motion My Myott moved approval of the second one-year site plan time extension subject to staff comments. Ms. Barrio: seconded the motion that unanimously passed. G. Lake Worth Christian School Site Plan Time Extension 1. PROJECT: Lake Worth Christian School (SPTE 09-001) AGENT: Jeff Zito, Project Manager OWNER.: Lake Worth Christian School Society, Inc. LOCATION: 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road DESCRIPTION: Request for a one (1) -year site plan time extension of the conditional use/major site plan modification (COUS/MSPM 07-003) approved on July 17, 2007 for 18 months, thereby extending approval from January 17, 2009 to January 17, 2010. Mr. Breese explained the original staff report indicated the applicant received approval for a 19,555 square foot classroom addition and a 15,000 square foot general use building and 6,000 square foot athletic building. The applicant also received a height exception of one foot, ten inches to accommodate the elevator shaft on the two-story classroom addition, After the applicant received City Commission approval, the architect redesigned the interior of the building to provide for better operations, which resulted in a minor plan modification which was approved by staff in October. Since then, the architect has been working on the permit plans. The development order was set to expire in January and they did not feel there was enough time to obtain the needed permits to keep the project alive. Accordingly the applicant was requesting the time extension. Staff recommended approval of the 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 request. Michael LaCoursiere, was present on behalf of Lake Worth Christian School Society, and was in agreement with all the conditions of approval. The utility fees were due and were minimal, but it was a capacity reservation issue. Chair Jaskiewicz opened the public hearing was closed. Motion No one came forward and the public hearing Ms. Barritt moved to approve the one-year site plan time extension of the Conditional Use Major Site Plan Modification approved on July 17, 2007 for 18 months, thereby extending approval from January '17, 2009 to January 17, 2010 subject to the previous conditions of approval. Mr. Lis seconded the motion that unanimously passed. H. Pet Care Code Reviemf 1. PROJECT: Pet Care (Boarding & Daycare) (CDRV 09-001) AGENT: City -initiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts. Mr. Breese explained staff was proposing interim amendments to the Land Development Regulations in the M-1 District to support immediate business development in the City and within the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts in order to implement other provisions of the draft zoning matrix related to pet care and boarding. The amendment was requested by a property owner, whose property was zoned M-1, and an applicant desiring to be a tenant on the property in order to operate a pet boarding and daycare business. The current Code only allowed this use on parcels located on a thoroughfare. The draft zoning matrix staff was working on in the Land Development Regulations would allow the use as a conditional use on the parcel requested. Staff recommends the use be allowed and the amendments to the LDR be allowed for the dog daycare and boarding operation in the M-1 District because the draft matrix permits it also in the C-3, C-4, CDB, PCD, SMU, MU -L1, MU -1_2 Districts. The Code amendment would have three tiers of review for varying levels of operations. One tier would be for pet care involving boarding and daycare accessory to a veterinary, pet store, or pet groomer use. Staff recommended those accessory uses be allowed without a conditional use provided it did not exceed 25% of the floor area of the principal use or 2,500 square feet, whichever was less. A second tierwould be when the boarding and daycare are a principal and stand-alone use 17 VIII. -PUBLIC HEARING CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Mectine Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) Requested City Commission Meeting Dates ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ® Public Hearing Date Final Form Must be Turned in to City Clerk's Office February 2, 2009 (Noon) February 17, 2009 (No?ft March 2, 2009 (Noon) d C-) March 16, 2009 (Noon) RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For finther details pertaining to this request, see attached Department Memorandum No. 08- 097. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Pet Care (Boarding & Daycare) (CDRV 09-001) City -initiated Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -L2 and M-1 zoning districts. PROGRAM IMPACT: "Q FISCAL IMPACT: 3 ❑ City Manager's Report ❑ New Business E Legal ❑ Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the request be approved. For finther details pertaining to this request, see attached Department Memorandum No. 08- 097. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Pet Care (Boarding & Daycare) (CDRV 09-001) City -initiated Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -L2 and M-1 zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /A Dev pm nt Department Director City Manager's Sigature Assistant to City Manager CMI— Planning and Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-001 Pet Care (boarding and day care)Wgenda Item Request Pet Care CDRV 09--001 1- 20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ti fx l 2 I ,l 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 79 30 ORDINANCE NO. 09 — AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, "ZONING", TO PROVIDE FOR PET CARE (BOARDING AND DAN' CARE) WITHIN CERTAIN ZONING DISTRICTS WITHIN THE CITY, SUBJECT TO CONDITIONS AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has requested that staff review those current regulations applicable to the pet care, including the ability of businesses to operate pet and day care within the City: and WHEREAS, the City Commission has considered staffs recommendations and reports, and determines and finds that it would be appropriate to amend the current land development regulations to permit, with conditions, pet boarding and day care within certain zoning districts within the City; and WHEREAS, the CAN, Commission finds that the adoption of this ordinance is in the interest of the health, safety, and welfare of the citizens and residents of the t'It\ of oynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and by the City Commission. Section 2. That Part 11I, "Land Development Regulations", Chapter 2. "toning on 6, "Commercial District Regulations and Use Provisions", sub -section C.. C' - unity Commercial District", sub -section 1., "uses Permitted". of- the City of Bo%,Mon Code of Ordinances, is hereby amended to read as follows: 1 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 hh Pet Care (boarding and daycare) As the principal business, this business is subiect to conditional use review and approval. As an accessory use to the following, principal uses: veterinary office pet store or Ret groomer, this use is not subject to conditional use review and approval unless as an accessory use the accessory use exceeds 25% of the floor area of the principal use or 2.500 square feet whichever is less. No external kenneling is allowed as an accessory use. Section 3. That Part III, "Land Development Regulations", Chapter 2, "Zoning", Section 6, "Commercial District Regulations and Use Provisions", sub -section E., "CBD Central Business District", sub -section 1., "Permitted and Conditional Uses", of the City of Beach Code of Ordinances, is amended to read as follows: k. Veterinary office and clinics, excluding outdoor kennels, ^r- keeping 4 animals f other than tr—ea4ment, and exelu on-site disposal of animals. With respect to on-site boardiny, of animals, see Pet Care (boarding and daycare) Paragraph zza of this Section. zza. Pet Care (boarding and daycare). As the principal business, this business is subject to conditional use review and approval. As an accessory use to the following principal uses: veterinary office, Ret store, or pet groomer, this use is not subject to conditional use review and approval unless as an accessory use the accessory use exceeds 25% of the floor area of the principal 2 1 use. or 2.500 square fect. xv,hichever is less. No external kenneling is_ailowed 2 as an accessory use. Section 4. That Part III. "Land Development Regulations" Chapter 2. "tonin,,- '. 4 1 Section 6, ``Commercial District Regulations and Use Provisions", sub -section F.. "Mixed Use 5 1 `Zoning District", sub -section 4., "Uses", Table 6F-1, "Schedule of Permitted Principal, 6 7 8 F 9 i 10 I1 f 12 IJ S i 14 15 I 16 17 18 r E 19 li 20 I 21 � i 22 i 23 Ili J I Accessory, and Conditional Uses", of the City of Boynton Beach Code of Ordinances. is amended to read as follows: In the MU -L zoning district. Pet Care (boarding, and davcare) shall be allowed as a principal use subject to conditional use review and approval In the MU -L2 zoniny district, Pet Care (boarding and daycare) shall be allowed as a principal use subject to conditional use review and approval Pet Care(boarding and davcare shall_ not be permitted as a use in either the MU -L3 or MU -H zoning districts In addition, the "Restriction Notes" for Table 6F-1 shall be amended by adding a neN\ note related to Pet Care (boarding and davcare) to read as follows: 18. Pet Care (boarding and davcare). As the principal business, this business is subject to conditional use review and approval As an accessor\ use to the following principal uses: veterinary office pet store or pet groomer, this use is not subject to conditional use review and approval unless as an accessory use, the accessory use exceeds 25% of the floor area of the principal use, or 2.500 square feet. whichever is less. No external kenneling is allowed as an accessory use, Section 5. That Part Ill, "Land Development Regulations". Chapter I "Z__oning"". 24 11Section 6. "Commercial District Regulations and Use Provisions sub -section H.. "SMU 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 Suburban Mixed Use Zoning District", sub -section 3., "Permitted Uses," Table 61-1-1, "Schedule of Permitted Principal, Accessory and Conditional Uses", of the City of Boynton Beach Code of Ordinances, is amended to read as follows: In the SMU zoning district Pet Care (boarding and daycare) shall be allowed as a principal use subject to conditional use review and approval. In addition, the "Restriction Notes" for Table 6H-1 shall be amended by adding a new note related to Pet Care (boarding and daycare) to read as follows: 10. Pet Care (boarding and daycare). As the principal business, this business is subject to conditional use review and approval. As an accessory use to the following_ principal uses: veterinary office, pet store, or pet groomer, this use is not subject to conditional use review and approval unless as an accessory use. the accessory use exceeds 25% of the floor area of the principal use or 2,500 square feet whichever is less. No external kenneling is allowed as an accessory use. Section 6. That Part I11, "Land Development Regulations", Chapter 2, "Zoning", Section 8, "M-1 Industrial District Regulations and Use Provisions", sub -section A., "M-1 District", sub -section 2., "Permitted Uses Subject to Distance Requirement", sub- section b., "Other uses as follows", of the City of Boynton Beach Code of Ordinances, is to read as follows: (9). Pet Care (boarding and daycare). Pet Care (boarding and daycare) operations in excess of 600 feet from residentially zoned property, measured property line to property line. Pet Care (boarding and daycare) operations that are located within 600 feet of residentially zoned property shall be subject to conditional use review and approval. External kenneling shall be allowed for 4 6 7 8 9 10 11 12 li 14 15 16 17 18 19 20 those operations in excess of' 600 feet from residentially zoned property._Such uses shall also comply with the requirements of Section 4-4 of Part 1I Chapter 4 of the Code of Ordinances. except that the maximum enclosure size and area standards within 4-4(b)2.a shall not appy. Section 7. That Part III, "Land Development Regulations", Chapter 2. " loniii(," Section 8, "M-1 Industrial District Regulations and Use Provisions'. sub -section B., "Corridor Uses and Regulations sub -section 1., `'Allowed Commercial and Retail Uses-'. of the City of Boynton Beach Code of Ordinances, is amended to read as follows: The Table of Allowed Commercial and Retail Uses shall be amended as follows.- Pet ollows: Pet care (grooming) ** * ** Pet care (boarding and daycare) * ** Pet care (veterinarian services) * * * ** Indicates conditional use approval required if the use is located within sig hundred (600) feet of -a residential -zoned district. External kenneling i� prohibited within six hundred (600) feet of a residential -zoned district_ * * * Indicates boarding and daycare are allowed as an accessory use and not subject to conditional use review and approval. unless the accessory use exceeds 2�% of the floor area of the principal use or 2.500 square feet. whichever is less. External kennelin,; is prohibited within six hundred (600) feet of a residential -zoned district. 21 Section 3. Each and every other provision of the Land Development Regulations 22 i root herein specifically amended, shall remain in full force and effect as originally adopted, 23 tt Section 4. All laws and ordinances applying to the City of Boynton Beach in 4 4 24 conflict with any provisions of this ordinance are hereby repealed. 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 Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of )2009. SECOND, FINAL READING AND PASSAGE this day of , 2009. CITY OF BOYNTON BEACH, FLORIDA I (ATTEST: Janet M. Prainito, CMC City Clerk Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross 0 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-097 TO: Chair and Members Planning & Developme,yxt Board THROUGH: Michael W. Rumpf (�J--� Director of Planning�'and Zoning FROM: Ed Breese A�7) Principal Planner DATE: November 10, 2008 RE: Pet Care (Boarding and Daycare) CDRV 09-001 Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) involving 1) the M-1 zoning district to support immediate business development within the city; and 2) the C-3, C-4, CBD, PCD, SMU, MU -Ll, MU -L2 districts to implement other portions of the draft zoning matrix related to pet care and boarding. The need for this amendment was communicated by a property owner and potential tenant interested in operating a pet boarding and daycare business on property zoned M-1, Light Industrial. Currently, the kenneling and boarding of animals is prohibited in the M-1 district, except for properties located along a major thoroughfare as provisioned by the recent interim amendment known as the M-1 corridor amendment (CDRV 08-003). Further, the use matrix proposed as part of the LDR re -write, and as previously reviewed and supported by the City Commission, would allow this type of use on the intended parcel, as a conditional use. BACKGROUND The accommodation of the subject use began recently as part of the prior interim code amendment that targeted M-1 zoned properties located along an arterial roadway, and can be traced to the proposed Zoning Use Matrix. One of the initial tasks of rewriting the entire Land Development Code was a comprehensive review of each zoning district and uses that would be allowed by right or as conditional uses, based upon operational characteristics of each and an emphasis on the proximity to residentially- zoned properties. In the draft work product endorsed by the Board and City Commission, a use matrix was created which outlines each zoning district in whichniven be 1 'Til L ect f a l _ d t_ u cv.v�,i. use a;,a'y' v�. �ocatcd. iuc, Siiu�e�t vl 11'iiS inquiry i5 tIttcu �1i1 tele proposed use matrix) Pet Care (Boarding and Daycare), under the major heading of Commercial Services. and is proposed to be allowed as a conditional use in the following zoning districts: Communitti Commercial (0), General Commercial (C4), Central Business District (CBD), Planned Commercial District (PCD), Suburban Mixed Use (SMU), Mixed Use - Low 1 (MU -L1), Mixed Use - Low 2 (MU -L2), and Light Industrial (M-1). The corresponding footnotes (i.e. CDRV 09-001 Page 2 restrictions) indicate that, "Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties". Additionally, in the M-1 district, due to the close proximity of existing industrial -zoned properties to residential uses, and in implementing the recommendations of the M-1 Zoning District Study that pertain to minimizing impacts upon residential land uses, the footnote states, "All portions of any building dedicated to Pet Care (Boarding and Daycare) shall be separated from residentially -zoned property by a distance of 600 feet". PROPOSED AMENDMENTS Existing regulations: As noted above, Pet Care (Boarding and Daycare) is currently allowed as a conditional use in the M-1 zoning district, on properties that front on a major thoroughfare. Proposed regulations: Since the draft zoning matrix proposes Pet Care (Boarding and Daycare) as a conditional use in various zoning districts, staff recommends the current LDR be amended to allow this use in not only the M-1 zoning district, but also in C-3, C-4, CBD, PCD, SW, MU -L1, and MU -L2, since interest in such use has been expressed for other districts as well. This interest includes an established veterinary office in the City and other individuals exploring opportunities in commercial zoning districts. As part of this analysis, staff has taken an in-depth look into pet boarding and daycare. As a result, staff suggests a tier of review levels for the varying types of operations. The first tier would involve the operation of pet boarding and/or daycare as accessory to a veterinary office, pet store or pet groomer in the C-3, C-4, CBD, PCD, SW, MU -L1, MU -L2 and M-1 zoning districts. This function would be deemed "accessory", and therefore not subject to conditional use approval as long as it would not exceed 25% of the total floor area of the principal business, or a maximum of 2,500 square feet, whichever is less, and there would be no external kenneling of pets. Staff would only require demonstration by the applicant that there would be adequate buffering and mitigation of any noise associated with the outdoor run/play area. Any business proposing to exceed the maximum area allowed for accessory use status would be required to obtain conditional use approval. The second tier of review would involve standalone operations. A pet boarding and/or daycare operation as a principal use in the C-3, C-4, CBD, PCD, SMU, MU -L1 and MU -L2 zoning districts would be allowed only after conditional use review and approval. External kenneling of the pets would also be prohibited. The applicant would be required, through the conditional use application and public hearing processes, to demonstrate compatibility with surrounding land uses. The third and final tier would involve standalone operations in the M-1 zoning district. Provided the use was 600 feet or more from residentially zoned property, the business could be approved by right, instead of as a conditional use, as described above. For those businesses within 600 feet of residentially -zoned property, conditional use approval would be required, in order to demonstrate compatibility with surrounding land uses. The M-1 zoning district would be the only CDRV 09-001 Page 3 district to allow external kenneling of the pets, but only for those businesses In excess of 600 feet from residentially -zoned property. "External kenneling", for this purpose, would mean the keeping of animals predominantly outdoors, with limited time spent indoors. If these recommendations regarding Pet Care (Boarding and Daycare) are approved, staff will also make these same revisions to the proposed LDR zoning use matrix for consistency purposes. RECOMMENDATION Staff recommends that the proposed interim amendments to Land Development Regulations be approved, and that the proposed future zonm- use matrix be amended to correspond with the Commission's action. S:\Plammng\SHARED\WP\SPECPRO.1\CODE REVIEW\CDRV 09-001 Pet Care Boarding & Dayearel ver'_.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 request. Michael LaCoursiere, was present on behalf of Lake Worth Christian School Society, and was in agreement with all the conditions of approval. The utility fees were due and were minimal, but it was a capacity reservation issue. Chair Jaskiewicz opened the public hearing. No one came forward and the public hearing was closed. Motion Ms. Barritt moved to approve the one-year site plan time extension of the Conditional Use Major Site Plan Modification approved on July 17, 2007 for 18 months, thereby extending approval from January 17, 2009 to January 17, 2010 subject to the previous conditions of approval. Mr. Lis seconded the motion that unanimously passed. H. Pet Care Code Review 1. PROJECT: Pet Care (Boarding & Daycare) (CDRV 09-009) AGENT: City -initiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts. Mr. Breese explained staff was proposing interim amendments to the Land Development Regulations in the M-1 District to support immediate business development in the City and within the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts in order to implement other provisions of the draft zoning matrix related to pet care and boarding. The amendment was requested by a property owner, whose property was zoned M-1, and an applicant desiring to be a tenant on the property in order to operate a pet boarding and daycare business. The current Code only allowed this use on parcels located on a thoroughfare. The draft zoning matrix staff was working on in the Land Development Regulations would allow the use as a conditional use on the parcel requested. Staff recommends the use be allowed and the amendments to the LDR be allowed for the dog daycare and boarding operation in the M-1 District because the draft matrix permits it also in the C-3, C-4, CDB, PCD, SMU, MU -L1, MU -1_2 Districts. The Code amendment would have three tiers of review for varying levels of operations. One tier would be for pet care involving boarding and daycare accessory to a veterinary, pet store, or pet groomer use. Staff recommended those accessory uses be allowed without a conditional use provided it did not exceed 25% of the floor area of the principal use or 2,500 square feet, whichever was less. A second tier would be when the boarding and daycare are a principal and stand-alone use 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 in the C-3, C-4, CBD, PCD, SMU, MU -1-1, and MU -1-2. Staff was recommending those uses be a conditional use in those zoning districts, thereby the applicant would need to show how they are compatible with the surrounding land uses. The third tier would be in the M-1 district and would be a stand-alone operation, provided it was 600 feet or more from residentially zoned property and that those uses would be allowed by right. If the business were less than 600 feet, it would be by conditional use and the applicant would have to show compatibility with surrounding land uses. Staff recommended a.pprovai of the proposed interim amendments to the Land Development Regulations and that the proposed future zoning matrix be amended to correspond with the item being heard. This was a City -initiated application, but there would be affected owners. Chair Jaskiewicz opened the floor to public hearing. No one came forward and the public hearing was closed. Mr. Breese clarified the 600 foot distance requirement was from property boundary to property boundary and several other uses had that same requirement. There was also a question on the definition of a pet, i.e, goats, horses, elephants, as it related to how they are boarded, taken care of in the community, and how they are transported and returned. Mr. Breese explained pets could be defined as a domesticated animal. Vice Chair Saberson recused himself from voting and declared he had a potential conflict of interest due to a family member being in business with one of the affected property owners. Motion Ms. Barritt moved to make an interim amendment to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for domesticated Pet Care (Boarding and Daycare) in the C--3, C-4, CBD, PCD, SMU, MU -L1, MU -L2 and M-1 zoning districts. Mr. Lis seconded the motion that passed 6-1 (Vice Chair Saberson abstaining.) I. Temporary Banners Code Review 1. PROJECT: Temporary Banners (CDRV 09-002) AGENT: City -initiated DESCRIPTION: Discussion of possible interim amendments to the Land Development Regulations, Chapter 21 Signs, Article 111, Sec. 6(F) to increase the time period to 90 days that an existing business may display a temporary banner. VIII. -PUBLIC HEARING ITEM J. CITY OF BOYNTON BEACIH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ❑ Consent Agenda February 2, 2009 (Noon) February 17, 2009 (Noon 0 n March 2, 2009 (Noon) C7 rV March 16, 2009 (Noon) W ❑ City Manager's Report _ ❑ New Business tlt ® Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ® Public Hearing ❑ 2 1--i .r.l•^C ^eC) sJy C3 "*t Co rn rr`�n. rs z RECOMMENDATION: Please place this request on the January 20, 2009 City Commission Agenda under Public Hearing and Legal, Ordinance — First Reading. The Planning and Development Board on December 23, 2008, recommended that the current sign regulations relative to banners remain in place without modification, due to the potential negative impacts on the appearance of the city. The Board was particularly concerned that the quality of the banner would decline over the extended time period and become unsightly. For further details pertaining to this request, see attached Department Memorandum No. 09-110. EXPLANATION: PROJECT: Temporary Banners (CDRV 09-002) AGENT: City -initiated DESCRIPTION: Discussion of possible interim amendments to the Land Development Regulations, Chapter 21 Signs, Article III, Sec. 6(F) to increase the time period to 90 days that an existing business may display a temporary banner. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: t pprove the subject code amendment or approve h modifications. Develorhlent Dep rtment Dire for City Manager's Signature Assistant to City Manager Pica `arming and Zoni rector City Attorney / Finance S:\Planning\SHARED\WP\SPECPRO CODE REVIEW\CDRV 09-002 Banners for existing businesses\Agenda Item Request Temporary Banner CDRV 09-002 1-20-09.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC l 31', 4 l 5; 61' 7' 8!% 9' 101; 121!. 131 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO. 09 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 21, ARTICLE III, SECTION 6 "SPECIAL SIGNS", BY AMENDING SUB -SECTION F TO INCREASE THE MAXIMUM TIME PERIOD FOR THE DISPLAY OF A TEMPORARY BANNER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has requested that staff review those current sign regulations applicable to the temporary display of banners for promotion of existing businesses: and WHEREAS, the City Commission has considered staff s recommendations and reports. and determines and finds that it would be appropriate to amend the current sign code to permit existing businesses to erect a temporary banner for a ninety (90) day period during any one year period; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health.. safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 j THE CITY OF BOYNTON BEACH, FLORIDA, THAT: j 3 I; 25 ; r Section 1. The foregoing whereas clauses are true and correct and are now ratified 26 11 and confirmed by the City Commission. 27 28 29 30 31 Section 2. Chapter 21, Article I1I, Section 6F of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: F. One temporary banner may be posted on private commercial or industrially zoned property within the city for a period of time not to exceed t� , weeks , ithi,,OflePeFiOd, eXeept that -a S �CA\Urdinances\LDR Chan_es\Amendhng LDR - Chapter 21 (61' SIGNS doe I fie", business May post one (I ) tefnpofaf�, banner apnaaneing the 2 opening of the business +,,f time pefiod not to e ed ninety (90) 3 days within a one year period. r:.en the date of issaianee of the 4 businesses rte eEE ational l+Eense. This provision for new 5 businesses has no application to the annual renewal of an existing 6 business' business tax receipt. Temporary banners may not exceed 7 an area of twenty (20) square feet each, may not be placed in 8 I setbacks, landscape buffers along rights -of -ways or within rights of 9 ways, and may not create any obstruction to motorist visibility. 10 Applicant shall agree to remove banners within twelve hours upon 11 posting of a tropical storm or hurricane watch. This subsection 12, shall not prohibit the city from placing banner signs on city owned 13 property or within the public right-of-way within certain designated 14 corridors throughout the city in order to announce municipal or I 15not-for profit activities, events or programs pursuant to this 16 chapter. 17 i 18 Section 3. Each and every other provision of the Land Development Regulations i 19 not herein specifically amended, shall remain in full force and effect as originally adopted. 201 Section 4. All laws and ordinances applying to the City of Boynton Beach in 21 conflict with any provisions of this ordinance are hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion thereof 23 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 24 remainder of this Ordinance. 25 Section 6. Authority is hereby given to codify this Ordinance. 26 Section 7. This Ordinance shall become effective immediately. 27 FIRST READING this day of 12009. �I Ib -2- SAGA\Ordinances\LDR Changes\Amending LDR - Chapter 21 (6F SIGNS) doc SECOND. FINAL READING AND PASSAGI'. this JaN of fit} 3 4 5 6 7 8 9 10: 12' 13 14 15. 16: 17:' 18 19 ': ATTEST: 20 2I p CITY OF BOYNTON BEACIL FLORID. Mavor -- Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner -- Woodrow L. Ila-, Commissioner -- Marlene Ross 22 ' Janet M. Prainito, CMC City Clerk 24 25j1 26 (j (Corporate Seal) 271 29 1P,1990\900182.BB\ORDVAmendingl-DR- Chapter 2l (61: SIGNS)doc S ,C,1v0hdlnances\I_DR Chan gesvAmend ing I DR- Chapter 21 (61- SIONS) doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-110 TO: Chair and Members Planning & Developme �rd FROM: Michael W. Rump f Director of Plannin and Zoning DATE: December 9, 2008 SUBJECT: CODE REVIEW / CDRV 09-002 Temporary Banners — Increasing time period for display by existing businesses Chapter 21. Signs, Article III, Section 6(F) NATURE OF REOUEST The City Commission has requested that staff review those current sign regulations applicable to the temporary display of banners for promotion of existing businesses, and propose alternative requirements that address needs of local merchants. The proposed amendments would increase the maximum time period for the display of a temporary banner by existing businesses, from 14 days to 90 days. Staff is expediting this interim amendment in the interest of business stability. BACKGROUND The City's current Land Development Regulations, Chapter 21. Signs, Article III, Section 6(F), allows for the display of a temporary banner by local businesses. The regulations are two -fold, allowing for such display by a new business for a cumulative time period of 90 days, and allowing for the display by existing businesses for a cumulative time period of 14 days. Existing regulations restrict banner size to 20 square feet, and it precludes them from being placed in setbacks or from creating any "obstruction to motorist visibility". Such banners are subject to an application and administrative review process including the issuance of an applicable permit and logging/monitoring to ensure compliance with the allowed time period. Logically, the purposes of the regulations are to allow for the greater visibility by the public of a new business, and to allow existing businesses the additional advertisement during special (one or two) sales or operational events. Section 6(F) as cited above is included in its entirety as follows: F. One temporary banner may be posted on private commercial or industrially zoned property within the city for a period of time not to exceed two weeks within a one year period, except that a new business may post one (1) temporary banner announcing the opening of the business for a time period not to exceed ninety (90) days from the date of issuance of the businesses first occupational license. This provision for new businesses has no application to the annual renewal of an existing business' business tax receipt. Temporary banners may, not exceed an area of twenty (20) square feet each, may not be placed in setbacks, and rnav not create any obstruction to motorist visibility. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or- hurricane watch. This subsection shall not prohibit the city from placing banner signs on city owned property or within thepublic right-of-way within certain designated corridors throughout the city in order to announce municipal or not for profit activities, events or programs pursuant to this chapter. It should be noted that these current regulations were amended in January of 2007, to increase exposure of new businesses. Prior to this 2007 amendment, the maximum display period for a temporary banner was 14 days, without differentiating between new or existing businesses. The amendments were made by 1'a(uc 2 'D RN ii9-(i(t� Ordinance 06-08. and based on the con-esponding "Vl hereas" clauses in the ordinance. a v,,as intended acluiowledge the needs of new businesses and the City's support for ncv busmes, and devclopments. �;nU it documented the conclusion that the proposed changes preserved the balance between the general pul,h(` and business community. ANALYSIS Existing regulations Existing regulations provide for the temporary display of a banner for a total time period of Q0 dav following the issuance of a businesses tax certificate to a new conunercial or industrial business, and for i total cumulative period of 2 weeks (within a 1 year period) by an existing business. It should be noted that the regulations are currently interpreted to limit a new business to the 90 -day display period for its first year of operation. A new business would not be eligible for the 2 -weer: "special event' display until its 2" year of operation. It should also be noted that these provisions apply to individual businesses. ,o it possible to see multiple banners displayed simultaneously at a small plaza or shopping center. Current regulations do not specify the allowed locations for the display of a temporary banner, except to restrict them from building setbacks and from interfering with the visibility of motorists. The City's stgrl regulations do not allow for any other temporary signage, and the regulations specifically prohibit sandwich or "A" -frame signs and snipe signs. As for "permanent" signage, the City's sign regulations have undergone various revisions in the recent past.. and as seen along major corridors in the city, the regulations are more liberal than conservative. The sign regulations applicable to site and wall signage for commercial uses are summarized as follows: Site Signage: • Single -tenant - Area - 1 sq. ft. per linear foot of frontage (64 sq. ft. maximum) • Single -tenant - Height - 6 ft. i 2 -lane road; 8 ft. 4 -lane road; 12 ft. 6 -lanes or more • Multi -tenant - Area - 1 sq. ft. per linear foot of frontage (160 sq. ft. maximum) • Multi -tenant - Height - same as above for a single -tenant project Wall Signage: • Single -tenant - Area 1 !,_ sq. ft. per 1 foot of building frontage (no maximum letter size) • Multi -tenant - Area - same as above but applied to each tenant space Current regulations also allow for placement of business signage on the windows and doors of thL establishment. Window/door signage is allowed up to a maximum of 20°4, of the total glass area and does not count toward the maximum wall signage allowed per business. These standards are comparable to thr sign regulations adopted in most other city's, and as indicated above, are not felt by staff to "conservative". Proposed amendments Sign regulations and the resultant businesses signage can have a significant impact on the visual quality (o; the streetscape, and the City's sign regulations continue to be reviewed for appropriate improvements coinciding with the previous establishment of mixed use districts and applicable designs regulations. However. in support of business promotion during this recessionary period. staff proposes the simp}c amendment of the regulations to allow the 90-dav period for the display of a temporary harmer to annk ti, both new and existing banners. As for where banners may be displayed.. the proposed amendment would restrict them from rights -of wa and landscape buffers ('in addition to the existing locational restrictions). Page 3 CDRV 09-002 Comparison analysis For comparison, the banner regulations of a few other local jurisdictions were considered in this analysis. The table below summarizes the findings. The sample of regulations reviewed as part of this report indicate that our current regulations are more lenient than others with respect to application to new businesses, and generally more stringent in its application to existing businesses. No issues were identified by this research; however, this information was collected from the respective planning offices and not the departments responsible for local code enforcement. CONCLUSIONS/RECOMMENDATION As indicated above, business signage, both temporary and permanent, can have a significant affect on the physical appearance of the City, and staff is concerned that the subject amendment may worsen an existing situation. Perhaps in part as a result of the effects of the economy, there currently appears to be a high magnitude of non-compliant window, snipe, and other miscellaneous signage within the City. This situation is described by the accompanying photographs of local temporary signage (see Exhibit "A"). Staff acknowledges that although some signage is necessary and imperative to business success, there is also signage that appears to contribute to the cluttered appearance of the streetscape with little beneficial advertising. This position is based on the low visibility of a large portion of window or temporary signage and the traffic speed of the adjacent roadway. However, as indicated initially in this report, staff acknowledges the current economic condition and needs of local businesses. Therefore, staff recommends the proposed amendment, along with the plan to review the impacts of this amendment over a period of 1 year, and report to the Commission any negative findings. Staff would then recommend the continued existence of such banner regulations, or the "sunsetting" of these regulations assuming that the benefits to business owners no longer outweighs the negative impacts represented by the additional signage allowed by this amendment. Attachments MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-002 Banners for existing businesses\Banner'08 text item -staff report.doc Size (sq. ft.) Duration - New Duration — Existing Other Boca Raton 32 60 days Greenacres 20 30 days 30 days Twice/yr maximum Juno 20 60 days 30 days (60 days) Twice/yr maximum, not between landscaping, not over other signage. Wellington 3x4 7 days 7 days Code changes pending West Palm Beach 30 days Also applies to change in ownership. Boynton Beach 20 90 days 14 days The sample of regulations reviewed as part of this report indicate that our current regulations are more lenient than others with respect to application to new businesses, and generally more stringent in its application to existing businesses. No issues were identified by this research; however, this information was collected from the respective planning offices and not the departments responsible for local code enforcement. CONCLUSIONS/RECOMMENDATION As indicated above, business signage, both temporary and permanent, can have a significant affect on the physical appearance of the City, and staff is concerned that the subject amendment may worsen an existing situation. Perhaps in part as a result of the effects of the economy, there currently appears to be a high magnitude of non-compliant window, snipe, and other miscellaneous signage within the City. This situation is described by the accompanying photographs of local temporary signage (see Exhibit "A"). Staff acknowledges that although some signage is necessary and imperative to business success, there is also signage that appears to contribute to the cluttered appearance of the streetscape with little beneficial advertising. This position is based on the low visibility of a large portion of window or temporary signage and the traffic speed of the adjacent roadway. However, as indicated initially in this report, staff acknowledges the current economic condition and needs of local businesses. Therefore, staff recommends the proposed amendment, along with the plan to review the impacts of this amendment over a period of 1 year, and report to the Commission any negative findings. Staff would then recommend the continued existence of such banner regulations, or the "sunsetting" of these regulations assuming that the benefits to business owners no longer outweighs the negative impacts represented by the additional signage allowed by this amendment. Attachments MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-002 Banners for existing businesses\Banner'08 text item -staff report.doc EXHIBIT "A" TEMPORARY SIGNAGE (Examples) I '' =w AliI Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 in the C-3, C-4, CBD, PCD, SMU, MU -L1, and MU -L2. Staff was recommending those uses be a conditional use in those zoning districts, thereby the applicant would need to show how they are compatible with the surrounding land uses. The third tier would be in the M-1 district and would be a stand-alone operation, provided it was 600 feet or more from residentially zoned property and that those uses would be allowed by right. If the business were less than 600 feet, it would be by conditional use and the applicant would have to show compatibility with surrounding land uses. Staff recommended approval of the proposed interim amendments to the Land Development Regulations and that the proposed future zoning matrix be amended to correspond with the item being heard. This was a City -initiated application, but there would be affected owners. Chair Jaskiewicz opened the floor to public hearing. No one came forward and the public hearing was closed. Mr. Breese clarified the 600 foot distance requirement was from property boundary to property boundary and several other uses had that same requirement. There was also a question on the definition of a pet, i.e. goats, horses, elephants, as it related to how they are boarded, taken care of in the community, and how they are transported and returned. Mr. Breese explained pets could be defined as a domesticated animal. Vice Chair Saberson recused himself from voting and declared he had a potential conflict of interest due to a family member being in business with one of the affected property owners. Motion Ms. Barritt moved to make an interim amendment to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for domesticated Pet Care (Boarding and Daycare) in the C-3, C-4, CBD, PCD, SMU, MU -L1, MU -1_2 and M-1 zoning districts. Mr. Lis seconded the motion that passed 6-1 (Vice Chair Saberson abstaining.) I. Temporary Banners Code Review PROJECT: Temporary Banners (CDRV 09-002) AGENT: City -initiated DESCRIPTION: Discussion of possible interim amendments to the Land Development Regulations, Chapter 21 Signs, Article III, Sec. 6(F) to increase the time period to 90 days that an existing business may display a temporary banner. 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 Mr. Breese explained the City Commission requested staff review this regulation, which pertained to temporary banners for promotion of existing businesses and propose alternative requirements to address the needs for local merchants. Staff surveyed surrounding municipalities and advised the City's banner regulations were in line with others for new businesses, but restrictive on existing businesses. Staff recommended during the recessionary period that the time frame for which banners could be erected for existing businesses be extended from 14 days to 90 days to match the new business sign regulations. Mr. Breese explained it was important to note, at some point in time, relaxation of the Sign Code may lead to a cluttered non -attractive look. The City noticed non- compliant banners and various signs in the City. In tough economic times, the Citv Commission was hearing from businesses they needed the exposure. Staff explained the impact of the proposed amendment would be reviewed in one year and they would report back any negative impacts to determine if they should continue the regulation or allowing it to sunset. The members expressed a concern that ninety days was a long time for a sign and given the weather, the signs would deteriorate. Enforcement was also an issue. The business owner had to obtain a permit, in order to have the temporary sign, which would be marked with a start and end date. This would enable Code Enforcement to verify when it should be removed. The members expressed signs were difficult with the current regulations and relaxing them would result in a City of signs that would be unsightly. Other Board members had issues with the number of days and expressed 45 to 60 days might be more reasonable. New business owners receive 90 days for the banners during the course of the year. They usually put them up for the entire grand opening period, but could split it up. Existing businesses did not have to display the sign consecutively, but they would have to apply for the permit each time they put a banner up. Other comments received were the existing requirement of 14 days was sufficient and signs for new businesses should be limited to 60 days. The signs would be limited to the current regulations of 20 square feet. It was emphasized the banners are not to be placed in the public right-of-way or landscape buffers. Mr. Breese explained the item was a request from the City Commission. Motion Ms. Barritt moved to pass along the staff memo analysis to the City Commission for their review. Mr. Lis seconded the motion. Mr. Breese explained that would be endorsing the recommendation. The item had to be reviewed by the Planning and Development Board because it was an amendment to the Land Development Regulations. He suggested if the Board had a different recommendation as to the number of days, to state them and the City Commission would review both staff's and the Board's comments. Chair Jaskiewicz opined for existing businesses, 14 days would be more than sufficient 19 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 23,2008 and 90 days was too long, even for a new business. She recommended 14 days and 60. Mr. Barnes also agreed. Motion Mr. Lis moved the existing code, with regard to the signs stay in place, with no changes of any kind whatsoever. Mr. Myott seconded the motion that passed 6-1 (Mr. Barnes dissenting.) There was an inquiry whether the 90 days for new business was consistent with other municipalities. Mr. Breese explained the City was lenient with that, as they saw 30 to 60 days was typical for new businesses. 8. Other 9. Comments by members Chair Jaskiewicz wished the members a Merry Christmas, a Happy Hanukkah and a prosperous New Year. 10. Adjournment There being no further business to discuss, the meeting adjourned at 8:42 p.m. CI0�tvdf Catherine Cherry Recording Secretary 122408 20 IX. - CITY MANAGER'S CITY OF BOYNTON BEACH REPORT ITEM A AGENDA ITEM REQUEST FORPl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations NATURE OF ❑ Administrative ❑ AGENDA ITEM ❑ Consent Agenda ❑ ❑ Code Compliance & Legal Settlements ❑ ❑ Public Hearing ❑ RECOMMENDATION: Review of City Manager Evaluation for 2008 February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) City Manager's Report New Business Legal Unfinished Business EXPLANATION: The City Commission completed a review of the City Manager's performance for the period ending October 1, 2008. The City Commission utilizes an evaluation form approved by the City Commission in 2007. Based on the results of the evaluation the overall score was 4.69 out of a possible 5.0. This is an improvement over last year's evaluation of 4.05 out of a possible 5.0. A copy of the evaluation summary with the individual scores and comments from members of the City Commission is attached. Commission discussion of proposed work areas for 2009 is requested. PROGRAM IMPACT: Discussion and direction for the City Manager's 2009 work areas will affect program priorities. The 2009 Work Areas Identified Are as follows: 1. Finalize revision to water Consumptive Use Permit with South Florida Water District so that planned water system improvements can continue. This is based on the 2006 strategic plan approved by the City Commission that includes an interconnect line between the east and west plant. There have been issues with the SFWMD on credits for reuse water that have complicated the program. - 2. Commence operation of foundation for fund-raising of Boundless Park. 3. Complete final design and commence construction of police facility on High Ridge campus or alternate location. 4. Complete options for Old High School. 5. Explore options to relocate the Public Works facility out of a residential area. 6. Work with appropriate agencies (CRA, Chambers of Commerce, Business Development Board, Workforce Alliance other cities, Palm Beach County) on economic development/business retention program. 7. Continue budget and multi-year financial planning to minimize disruption of city programs and services in an environment of declining resources. S:\l3ULLETIN\F0RMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM S. Assist CRA with Heart of Boynton issues and implementation. 9. Implement Neighborhood Stabilization Program (NSP). 10. Obtain Federal infrastructure funding for "bid ready" City projects if such funding is appropriated by Congress in 2009 FISCAL IMPACT: None. City Manager requests that no pay or benefit adjustment be made in light of the economy and City financial constraints. ALTERNATIVES: Do not complete evaluation. �� Department Head's Signature Department Name Exhibits to Agenda Item: City Manager's Signature Assistant to City Manager City Attorney/ Finance 1. Completed Evaluation Form with Combined Scores and Comments (This form also includes recap of 2008 accomplishments and 2009 Activity Areas 2. Individual City Commission Scores on Performance Evaluation (Exhibit A) 3. Comparative Salary/Benefit Information for City Managers (Exhibit B) 4. Recap of City Manager salary and benefit history. (Exhibit C) 5. Resolution 07-128 for 2007 Performance Evaluation (Exhibit D) S \BULLETIMFORWAGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH CITY MANAGER S PERFORMANCE EVALUATION FOR - Kurt Bressner, City Manager DATE - December 2008 NAME OF EVALUATOR: Combined With Comments and Average Score ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment "fill-in" areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the Citv Commission shall consider an increase in the Manager's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 18 Coding on Comments Received in 2008: JT- .Wayor Taylor JR — Vice Mayor Rodrigues Rff,'� Commissioner Weiland J H — Commissioner Hay AIR- Commissioner Ross After each item there is a summary of the Commissions Average score as folloivs: Commission 2008 Average Score for this Item: CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY: I. Organizational Management Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.68 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 Page 2 of 18 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does he effectively develop Department Heads and staff people? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 II. Fiscal/Business Management Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? Expectations Expectations Expectations COMMENTS: MR -He breaks it down into manageable parts in an excellent process. Plus he takes the time to explain it. Commission 2008 Average Score for this Item: 4.70 Page 3 of 18 1.0 Unsatisfactory 2.0 Below 3.0 Satisfactory 4.0 Meets 5.0 Exceeds Expectations Expectations Expectations COMMENTS: MR -He breaks it down into manageable parts in an excellent process. Plus he takes the time to explain it. Commission 2008 Average Score for this Item: 4.70 Page 3 of 18 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission`' + -+ + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below SatisfactoryMeets Exceeds Expectations Expectations Expectations COMMENTS: MR- Usually its complete, occasionally an item on agenda seems to be described in general and/or vague terms and I have misunderstood the topic. Commission 2008 Average Score_for this Item: 4,78 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008,41,erage Score.for this Item: 4.60 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? I 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: MR -He's incredibly organized, very impressive. Commission 2008 Average Score_for this Item: 4.60 Pace 4 of 18 4.0 Meets Expectations + 5.0 Exceeds Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR- Absolutely. Commission 2008 Average Score for this Item; 4.80 III. Program Development and Follow -Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.78 11. Program Development: Does the Manager translate polices and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.78 Page 5 of 18 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives'? + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He's very creative and efficient. Commission 2008 Average Score for this Item: 5.0 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 5.0 4.0 5.0 Meets Exceeds Expectations Expectations 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4. -S Page 6 of 18 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.98 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 V. Relationship with the Mayor/Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelings and needs? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He's an excellent listener and is very empathic. Commission 2008 Average Score for this Item: 4.60 Page 7 of 18 VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -So much progress! Two areas that didn't see much progress Economic Development/Business Retention Plan. Commission 2008 Average Score for this Item: 4,56 20. Multi -Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He appears to have put together a strong budget team. Comi-nission 2008 Average Score for this Item: 4. "0 Page 8 of 18 VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.48 a 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his public credibility an asset or liability to the City? + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations COMMENTS: WH -Kurt's public credibility is an absolute asset to the city. Commission 2008 Average Score for this Item: 4.70 VIII. Intergovernmental Relations 5.0 Exceeds Expectations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? a 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 Page 9 of 18 4.0 Meets Expectations 5.0 Exceeds Expectations IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectivel,N convey the City's interest? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.28 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4.0 5.0 Unsatisfactorti Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: None received for this item. Commission 2008.4verage Score for this Item: 4.80 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty`? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: None received for this item. Commission 2008 Average Score for• this Item: 4.35 Page 10 of 18 4.0 Meets Expectations 5.0 Exceeds Expectations X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He seems to almost always make fairness a priority even when it's challenging in an understanding way. Commission 2008 Average Score for this Item: 4.70 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? a 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -It's obvious that he enjoys living in the City and working for the City. Commission 2008 Average Score for this Item: 4.80 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He seems to take excellent care of himself and he was a real trooper when he faced a challenging medical condition some years ago. Commission 2008 Average Score for this Item: 4.80 Page 11 of 18 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timet- fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: None received for this item. Commission 2008 Average Score for this Item: 4.80 Meets Exceeds Expectations Expectations 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? 1.0 2.0 3.0 4.0 5.0 Unsatisfactoiv Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: RW — Too many questions within the question. Commission 2008 Average Score for this Item: 4.83 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: MR -He's a consummate professional. Commission 2008 Average Score for this Item: 4.60 Page 12 of 18 OVERALL PERFORMANCE IMPRESSION: 1.0 Unsatisfactory COMMENTS: a 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as her/his strong points as a manager? JT -Our manager consistently demonstrates knowledge, experience, and a professional demeanor in all areas of his responsibility. JR- Knowledge and leadership. WH -Keeping the Commission informed about what's going on in the City. MR -All are excellent, but especially fiscal management and program development. Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his skills and to be more effective in specific areas or situations? JT -Exercise more temperament of a take charge attitude when dealing with peers. WH -City Manager must remain objective; don't allow personal feelings to effect what's best for the entire city. MR -On agenda items on the rare occasion when it's described in too general or vague terms (regarding missing details). Commendations: Area(s) of performance calling for praise/commendation JT -See strengths. JR -Overall very satisfied with performance. WH -Foresight to remove City funds before they were frozen. His willingness to attend functions in all areas of the City. MR -The fact that he's so strong in all areas, he's very consistent! Commission 2008 Average Score for this Item: 4.69 Page 13 of 18 Fill-ins 1. What are the manager's most significant accomplishments during the past year" JR -Budget shortfall challenges. WH- The completion of the City budget. MR -Transferred $44M of City reserves out of threatened state investment pool before the pool was closed. Funds were securely reinvested with no loss. Facilitated early voting site. 2. What are the manager's strongest qualities? JR-Leadership/job knowledge. WH -His willingness to communicate with others. MR -He's a consummate professional and has an excellent presence in the community; also his great fiscal management skills are more valuable than ever in this economy. 3. What areas does the manager need to improve in? Recommendations. JR -Take hard look at budget cut requirements for 2009/2010. WH -Seriously look at eliminating blight in the City. MR -On the rare occasion that an item on agenda is described too vaguely or in very general j terms it would be a nice improvement in my opinion. 4. Two things the manager does that you would like him to continue. WH -Continue to inform me of upcoming events for the week via email. Continue to have an open door policy. MR- Continue to be very organized and so available for correspondence and communication. Continue to encourage collaboration between City Staff and the CRA Staff. JR- Response time. Communication. 1 5. Two things the manager does that you would like him to discontinue. MR -Not taking enough breaks for himself. Not put off the review of the pension structure changes (involves three pension funds). 6. Two things the Manager does not do you would like him to start. WH -Make suggestions on eliminating slum and blight in the City. Always give me the option of attending meetings attended by him in my District. MR -Take enough breaks for himself. Devote more time if possible to the City's economic development/ business retention plan. Page 14 of 18 CITY OF BOYNTON BEACH CITY MANAGER PERFORMANCE EVALUATION SIGNATURE PAGE Signature of Rater Performance Evaluation Conference Signature of City Manager Date Date CITYMANAGER'S COMMENTS: I appreciate the support and comments of the City Commission. This has been a very tough year for the City with budget challenges. The staff also has been supportive of me and I appreciate their help. Despite these issues, the City has completed the following items and look to 2009 for a number of other projects or activities as noted below: Accomplishments December 2007 to November 2008 — City Manager Transferred $44M of City reserves out of threatened state investment pool before the pool was closed. Funds were securely re -invested without any loss — December 2007 Received continued Credentialing from International City Management Association (annual update) — January 2008 City Received $3.0 M Federal Grant to help pay for hurricane resistant construction of Fire Station #5 — January 2008 City Manager Appointed to Commission on Professional Credentialing (CPC) a national committee under the auspices of the Center for Public Safety. The function of the commission is to oversee development of training materials and review credentialing of Chief Fire Officers and Chief Medical Officers. This is a three-year appointment to the national committee. January 2008 Page 15 of 18 All labor agreements finalized without mediation/arbitration (Blue Collar. White Collar and Fire), February 2008, September 2008 2008-09 Budget — Did extensive work on budget including early warnings of financial condition to the City Commission beginning in February 2008. Preliminary budget with specific millage and accurate millage projections were provided to and discussed by the City Commission in MaN 2008. This allowed for an informed discussion of the budget, adjustment of service levels and no lay offs with a lower revenue base. It did. however require allocation and use of unobligated cash. — February -October 2008. Work continues on amendment to Consumptive (water) Use Permit (CUP) from South Florida Water Management Permit. Goal is to obtain greater credit for reuse than currently provided and to delay costly construction of floridan wells. Deferral of the deep wells to 2015 or beyond will save $25M. — ongoing Galaxy School not closed by the School District as originally proposed. Worked with Commission, community and district to achieve placement of reconstruction back in the School District's capital improvement program. — February 2008 Worked with financial consultant and staff to recommend a bank based loan in lieu of $27 M utility bond. The shift to the bank loan saved City $2.2 M over a 20 year pay off schedule. — February 2008 Annexation of Enclaves — Staff presented four possible enclave annexations to the City Commission. The annexation was held off pending cost-sharing agreements from the County for infrastructure improvements, their concurrence to delete a portion of a parcel due to a non- conforming billboard and objection from one property owner. Work continues on this project begun in February 2008. Sims Center Opens — March 2008 New Portion of Library Opens — April 2008 Jaycee Park Opens — April 2008 Negotiated Annexation and Utility Service Agreements to allow development of property at Hypoluxo and High Ridge — April 2008 Worked with FDOT on reconstruction of Federal Highway from northern City limits to C-16 canal. Work will commence in 2009 and includes complete reconstruction of Gateway/Federal Highway traffic signal with pedestrian crossing. Have been working on this for three years. FDOT announced project in June 2008. Page 16 of 18 Staff able to achieve widening and improvement of Gateway from Congress to I-95 at no cost to the City. (October 2008) Facilitated planned annexation of Sam's Club into City w/ $120K expected increase property tax each year. (October 2008) Completed Circuit Court Mediation Training —Class will have value to City as it helps my mediation skills for internal issues, external negotiations, etc. Paid for personally and took vacation time to attend. (May 2008) Completed 2008 Leadership Palm Beach Program — This was a one-year program with other class members from public, private and non-profit organizations. The program featured an in- depth review and exposure to issues facing Palm Beach County. Program entry is competitive and I feel the network and contacts achieved by participating in the program will benefit my service to Boynton Beach. I paid the tuition on my own for the program. (June 2008) Staff completed final recommendations to the City Commission for Boynton Assembly Program with detailed matrix of action items by priority. (February —September 2008) Fire Assessment renewal presented and approved — (May -September 2008) Elected President of Palm Beach County City Management Association — (September 2008) Facilitated Early Voting Site at Boynton Beach Library — (October 2008) Police and Fire Department remains fully staffed — (all year) City launches staff -based "green initiative" (May -October 2008) Two areas that did not see much progress were: I . Development of economic developmentibusiness retention plan. Staff work has progressed including engaging the staffs of the CRA. and Business Development Board (the City rejoined the BDB in October 2008). 2. Review of pension structure changes to offer a possible defined contribution component for all three pension funds. The City has a pension consultant on -board but the budget and audit cycle took more time to complete this year. Page 17 of 18 Future Activities 2009 Finalize revision to water Consumptive Use Permit with South Florida Water District so that planned water system improvements can continue. This is based on the 2006 strategic plan approved by the City Commission that includes an interconnect line between the east and west plant. There have been issues with the SFWMD on credits for reuse water that have complicated the program. Commence operation of foundation for fund-raising of Boundless Park Complete final design and commence construction of police facility on High Ridge campus or elsewhere. Complete options for Old High School Explore options to relocate the Public Works facility out of a residential area. Work with appropriate agencies (CRA, Chambers of Commerce, Business Development Board, Workforce Alliance other cities, Palm Beach County) on economic development/business retention program. Continued budget and multi-year financial planning to minimize disruption of city programs and services in an environment of declining resources. Assist CRA with Heart of Boynton issues and implementation. Implement Neighborhood Stabilization Program (NSP). Obtain Federal infrastructure funding for "bid ready' City projects if such funding is appropriated by Congress in 2009. Page 18 of 18 IExhibit A: City Manager Evaluation Recap 2008 Item_ # Item Description 1. Organizational_ Mgt 1 '_Leadership 2 Supervision 3 Job Organization 4 Staff Development Hay .Sub -Total Average 11. FiscalBusine_s_s Mgt 5 Budget 6 Agendas 7 Financial Reporting 8 Managing Multiple Priorities 9 Productivity_ 5 Sub -Total Average N. Program Development/Follow-Through 10 Execution of Policy 11 Program Development 12 Imagination/Initiative 5 Sub -Total Average tV. Communication 13 Communication 14 Reporting 15 Commission Communication 16 Written Communication 5.00 Sub -Total Average V. Relationship with the Mayor/Commission 17 Response to Commission Vl. Long Range Planning 18 Strategic Planning 19 Economic Development 20 Multi -Year Capital Planning Comm. Comm. Mayor Vice -Mayor Comm. Commission Weiland Ross Taylor Rodriguez Hay Total Average CM Self 5 4.9 4.5 4 5 23.4_ 4.68 4 5 5 5 4 5 24 4.8 4 5 5 5 4 5 24 4.8 4 5 5 5 5 4 24 4.8 4 5.00 4.98 4.88 4.25 4.75 23.85 4.77 4.0 4.5 5 5 4 - 5 - 23.5 - 4.7 5 5 4.9 5 4 5 23.9_ 4.78 4 5 5 5 4 4 23 4.6 4 5 5 5 3 5 23 4.6 4 5 5 5 4 5 24 4.8 4 4.90 4.98 5.00 3.80 4.80 23.48 4.70 4.20 5 4.9 5 4 5 23.9 4.78 4 5 4.9 5 4 5 23.9 4.78 4 5 5 5 5 5 25 5 4 5.00 4.93 5.00 4.33 5.00 24.27 4.85 4.00 5 5 5 5 5 25 5 4 5 4.9 5 5 4 23.9 4.78 4 5 4.9 5 5 5 24.9 4.98 4 5 5 5 4 5 24 4.8 4 5.00 4.95 5.00 4.75 4.75 24.45 4.89 4.00 4 5 5 4 5 23 4.6 4 5 5 5 4 5 24 4.8 4 4.5 4.8 4.5 4 5 22.8 4.56 3 4.5 5 5 4 5 23.5 4.7 4 Sub -Total Average VII. Relationship with PublicIPUblic Relations 21 Media Relations 22 Community Reputation Sub -Total Average Vlll. Intergovernmental Relations 23 Intergovernmental Relations IX. ProfessionallPersonal Development 24 Objectivity 25 Professional Reputation 26 Stress Management Sub-1-otal Average X. Personal Attributes 27 Leadership Style 28 General Attitude 29 Drive 30 Judgment and Decisiveness 31 Integrity 32 Self -Assurance Sub -Total Average Xl. Overall Performance Impression Total Score Combined Average 4,67 4.93 4.83 4.00 5.00 23.43 4.69 2.75 4.5 4.9 4 4 5 22.4 4.48 4 4.5 5 5 4 5 23.5 4.7 5 4.50 4.95 4.50 4.00 5.00 22.95 4.59 4.50 5 5 5 4 5 24 4.8 5 3.5 4.9 5 4 4 21.4 4.28 4 5 5 5 4 5 24 4.8 5 3.75 5 5 3 5 21.75 4.35 4 4.08 4.97 5.00 3.67 4.67 22.38 4.48 4.33 4.5 5 5 4 5 23.5 4.7 4 5 5 5 4 5 24 4.8 4 5 5 5 4 5 24 4.8 5 5 5 5 4 5 24 4.8 4 4.25 4.9 5 5 5 24.15 4.83 4 4 5 5 4 5 23 4.6 4 4.63 4.98 5.00 4.17 5.00 23.78 4.76 4.17 4.50 4.90 5.00 4.00 5.00 4.50 4.50 4.00 51.28 54.57 54.21 44.97 53.97 240.09 51.62 44.95 4.66 4.96 4.93 4.09 4.91 21.8 4.69 4,09 Y - - _ r r ._ Actual Salary Includes Longevity - --` - Exhibit B � --- - _ Check box ff Aver. Act _ - _ A-g P @I1C � It �CUU�t FMa118 @S v May 2008 Data t #of Dept. 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E A EIW,766 5128,4]6 41% S156,186� i 2 $75,000000 - )0 3145,000 - B-dofCammi- Tequczt. V'lleg<Menagm F, A 582.93] 5107,817 �. 2 -. 255 5132.697 I $3,491.777 ll 5136,827 _ - --- _ Viff', C-1 - - _-. - Laudadelelaka City M.nes E A $125.664 5156,807 4 5r. 518],949 6 5%6,450 32 5122}85 - Ma)mA:ommissum Planmtian M " E _. A _ _ _ -__ - _- - EI$,000 582.500 1 14% 5150000 ] SL.11,950 33 5118,959 Co ncd Devic T wn Administ. A 52,467,619,-- - - -- i wn C9unc11- - - -- , - - -T- t- - - - - - -- -- - - J - -- Mlnlmu Mid M I �'. Max_ Imam - - - _. Y $11513& $143018 Jrd QuaNle ! $151,057 I 5180.852 -_ 5190,217 --. lst Ousrtlle+,. -590,709 -I--- 5118,147 Median, $123,!54 11150,807 fiN,430 --- - kupdamdlooe prhga 5214,2]4._-4_- B--- A901a1 BaMry Results .__ - t _- - - __.._ BR.I.Rabn _-L---__ r_- _ -- _:211,923 I 3N QuW1. SiMATr 1 � Sbnple ._...--. Avn�_-. $176,377 31[GuatlkWNYrpha(NwMr 0:�1I I I_ __ - Exhibit C: Recap of Salary, Benefit and Market Ajustment with Salary/Benefit History City Manager Pay and Benefit Adjustment Request: No Change for 2008-09 City Manager Salary History April 2000 $ 105,000.00 $7,500 to deferred comp. City car provided December 2000 $ 105,000.00 (changes made in severance and deferred comp to $8,000) May 2001 $ 105,000.00 Deferred Comp to $8.500, 1% lump sum for hospitalization increases June 2002 $ 118,000.00 Increased Deferred Comp to $11,500 April 2003 $ 123,000.00 Inceased Deferred Comp to $11,810, allowed participation in City pension w/employee paying 7% of base to pension. Retro allowed to 4/00 October 2004 $ 140,000.00 Increased Deferred comp to $14,810, car allowance of $450/mo instead of City issued car October 2005 $ 147,700.00 (approved in February 2006 and retro to October 2005)- deferred comp and car same as prior year October 2007 $ 165,000.00 Deferred comp remains at $14,810, car allowance remains at $450/mo I 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 RESOLUTION NO. R07- / A 8 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE APPOINTMENT OF KURT BRESSNER AS CITY MANAGER OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH KURT BRESSNER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager's Employment Agreement contains a provision which requires the Commission to conduct an annual review of performance. No performance review was conducted for fiscal year 2005-06. A performance review for fiscal year 2006-07 was conducted by the City Commission on October 16, 2007; and WHEREAS, the City Commission has reviewed comparable pay and benefit data obtained from other Palm Beach County and regional municipalities and has taken that data into consideration as part of the City Manager's evaluation; and WHEREAS, the City Commission has determined that salary and benefit modifications are to be made to the employment agreement between the City of Boynton Beach and Kurt Bressner, City Manager, as set forth in the Amendment attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed las being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. I S:ACAaESO\Bressner Renewal 101507.doc 1 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 Section 2. The City Commission of the t`'tv of kF;ach. authorizes the Mayor and City Clerk to execute an Addendum to the Employe.',,r Agreement between the City of Boynton Beach and Kurt Bressner, City :Manager, a cop, Df the Addendum being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this i (o day of October, 2007, CITY OF BOYNTON BEACH, FLORIDA r} yor — #rry T or (Attest: et M. Prainito, CMC S",CA`,RESO\Bressner Renewal 101507 doc Commissioner — Carl McKoy Rol- rte& ADDENDUM TO EMPLOYMENT AGREEMENT WHEREAS, the City Commission conducted a performance review of the City Manager on October 16, 2007, and unanimously reaffirmed the appointment of Kurt Bressner as City Manager of the City of Boynton Beach; and WHEREAS, it is the desire of the City Commissioners, hereinafter called "Commission" to provide certain benefit enhancements to the Employment Agreement entered into between the City and Kurt Bressner, dated March 7, 2000; NOW, THEREFORE, the Commission and City Manager agree as follows: 1. Sub -section 2.1 is deleted in its entirety and a new section 2.1 is added to the agreement as follows: 2.1. Effective October 1, 2007 the annual base salary for the City Manager shall be increased to $165,000.00. 2. Each and every other paragraph of said Employment Agreement dated March 7, 2000, not specifically herein amended shall remain in full force and effect. IN WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City Clerk on the ,2,2_ day of Oc-rc>9 C R , 2007, _k'zn' , z _.''` Witne Witness it ss J Witness AV d as to Form: b(Ja s A. Cherof, City Attorney CITY OF BOYNTON BEACH, FLORIDA ,�r;✓�-,r` a �� ;..t ,.�� . � , ',Mayor K ;fI' Dated: Kurt Bressner Dated: 10 — te— ()7 ATTEST: IX• - CITY MANAGER'S REPORT ITEM g CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ❑ ,January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) Q ❑ Announcements/Presentations ® City Manager's Report NATURE OF ❑ Administrative ❑ New Business31 AGENDA ITEM ❑ Consent Agenda ❑ Legal 7j -M' ..-.-_ ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ N4 co b RECOMMENDATION: Motion to approve a method of procuring automated "red light cameras" for traffic enforcement purposes at selected intersections. The motion options are to procure the service and equipment through a "request for proposal" or a "sole source" vendor already doing business with a state agency via a contract on which the City of Boynton Beach would "piggyback". EXPLANATION: At the December 16th meeting, the commission approved an ordinance creating Chapter 14.5 of the Code of Ordinances called the Boynton Beach Dangerous Intersection Safety Act. This ordinance established a mechanism for the utilization of automated "red light cameras" which are used to detect those motorists who do not obey the automated traffic control devices at selected intersections within the city. There are a number of vendors who are in the business of supplying the equipment and services necessary to operate a automated red light enforcement system and it will be necessary to select one of these vendors to install and maintain the equipment along with retrieving the data and issuing violation notices to the offenders. PROGRAM IMPACT: The program will allow for the detection of red light violations at an intersection where the equipment is installed. Fines will be collected resulting in increased revenue to the city. Vendors of these systems claim that intersection traffic crashes will be reduced at those locations where the equipment is installed and utilized. Other sources indicate that the incidence of year- end crashes will be increased at intersections where the equipment is installed. FISCAL IMPACT: The automated traffic enforcement system will result in increased revenue to the city as a result of fines. There would be no cost to the city involved with the operation of the system other than the expenditure of approximately 20 hours per week of police department manpower in order to review the violations prior to issuance of the violation notice. S:\13ULLETfMF0RMS\AGENDA ITEM REQUEST FORM.DOC v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The alternative would be to defer the decision for implementation of flic program to determine whether the state legislature w111 pass a bill or bills regulating the use of red light cameras. Department Name ,t3Ut.EETIN\FORMS\AGENDA ITEM REQUEST Fc )RM 1-)()(' ity Manager's Signature ti Assistant to Cite Manager. City Attorney /Finance XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations NATURE OF ❑ Administrative AGENDA ITEM ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ® New Business ❑ Legal ❑ Unfinished Business RECOMMENDATION: Consider approval of tri -party Agreement between the City of Boynton Beach, Boynton Beach Community Redevelopment Agency and Auburn Development, LLC., for redevelopment of the MLK Corridor. EXPLANATION: The Community Redevelopment Agency selected Auburn Development to undertake a major redevelopment project along the MLK corridor. To facilitate redevelopment on both an administrative and fiscal basis the Agreement between the CRA and Auburn includes the City of Boynton Beach as an additional party. The Community Redevelopment Agency Board has already reviewed the Agreement and has directed that a final version of the Agreement be prepared for their consideration during a special meeting of the Board to be held the same night as the City Commission meeting. This contemporaneous review and approval will facilitate finalization of the Agreement, PROGRAM IMPACT: The proposed Agreement requires the Development Department to facilitate review of land use and zoning changes required to develop the property. The Agreement also requires financial contribution by the City, some of which is in the form of land transfer, FISCAL IMPACT: ALTERNATIVES negotiated, To be determined, evaluation pending. Not participate in the Master Development Agreement or participate under modified terms to be Department Head's Signature City Attorney Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assi ant to City Manager City Attorney / Finance 1 2i 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 XI. - NEW BUSINESS ITEM A. ADDITIONAL INFORMATION RESOLUTION NO. R09 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF A MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND AUBURN DEVELOPMENT, LLC., FOR REDEVELOPMENT OF THE MLK CORRIDOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency selected Auburn Development to undertake a major redevelopment project along the MLK corridor; and WHEREAS, to facilitate redevelopment on both an administrative and fiscal basis the Agreement between the CRA and Auburn includes the City of Boynton Beach as an additional party; and WHEREAS, City staff recommends that that City Commission approve the Master Development Agreement and authorize the Mayor and City Clerk to execute the document. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Master Development Agreement between the City of Boynton Beach, the Boynton Beach Community S:\CA\RESO\Agreements\Auburn Agreement.doc 1 Redevelopment Agency and Auburn Development, LLC., a copy of which is attached hereto I 211 as Exhibit "A", and incorporated herein by reference. 31 41 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 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of January, 2009. ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Auburn Agreement.doc CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross S:\CA\AGMTS\Aubum 01 1409.doc MASTER DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of , 2008, by and between AUBURN DEVELOPMENT, LLC with an address at 777 E. Atlantic Avenue, Suite 200, Delray Beach, FL 33483 ("Auburn"), and the CITY OF BOYNTON BEACH ("City"), a municipal corporation of the State of Florida, with an address at 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") with an address at 915 S. Federal Highway, Boynton Beach, FL 33435. WITNESSETH: WHEREAS, in December, 2001, after several meetings with community residents, the City and the CRA adopted a redevelopment plan entitled the "Heart of Boynton Community Redevelopment Plan" (" HOB PLAN ") for redevelopment of approximately 480 acres of the CRA District; and WHEREAS, through a Request for Proposals ("RFP"), the CRA conducted a competitive process to select a master developer for redevelopment of a portion of the HOB PLAN. In its response to the RFP, Auburn, through its written proposal dated August 7, 2006, set forth its qualifications to act as master developer; and WHEREAS, the CRA has selected Auburn serve as the master developer of approximately 26.3 acres to be redeveloped (herein as the "PROJECT"). The PROJECT will be located generally he Martin Luther King Jr. Blvd Corridor between Seacrest Boulevard and Federal Highway; and FTL:2587484:12 SACA\AGMTSIAubum 011409.doc WHEREAS, the properties Auburn agrees to redevelop are currently owned by several different property owners, including the City and the CRA. The CRA owned properties are listed on Exhibit "A". The City owned properties are listed on Exhibit "B". The properties to be acquired by Auburn from third parties are listed on Exhibit "C". Auburn owns or has legally enforceable contracts to acquire the properties listed on Exhibit "D"; and WHEREAS, to improve upon it and to reflect changes to market conditions, the City and the CRA recognize the need to amend the HOB PLAN) to reflect the PROJECT contemplated by the City, the CRA and Auburn and hereinafter describe in this Agreement. The HOB Plan amendment is subject to a formal plan amendment process which will include neighborhood meetings, public workshop(s) and public hearing(s); and WHEREAS, the parties believe that it is in the best interest of each party to initiate the process to redevelop the properties in accordance with the requirements described herein. NOW, THEREFORE, for and in consideration of mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Recitals. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. All references to "parties", means the City, the CRA and Auburn collectively. 2. Authority. Each party to this Agreement represents to the other that it has legal authority to enter into this Agreement. 3. Effective Date. This Agreement shall become effective upon the date the last party executes the Agreement. FTL:2587484:12 2 SACA�AGMTSWubum 011409.doc 4. Review. The City and the CRA will process, in the manner required by law, all applications by Auburn for amendments to the City's Land Use Plan and zoning designations of the PROJECT in order to develop the PROJECT in the manner described herein. 5. Property Ownership. The parties acknowledge that because the properties listed on Exhibit "C" are owned by third parties, the development of such properties by Auburn is contingent upon acquisition of these properties. In the event Auburn is unable to acquire some of these properties, the parties agree that the PROJECT shall be modified to exclude the unobtainable properties. The modification may require a change in the boundaries of the four proposed development phases from the boundaries contemplated by the parties at the time this Agreement is signed. The parties agree that both the first phase, planned for a gated senior rental community, and the fourth phase, planned for condominium building(s), must be built on contiguous parcels, whereas the second phase, planned for single family and townhouse buildings can be built on non-contiguous parcels. 6. Duration of Agreement. The duration of this Agreement shall be for a twelve (12) year period from the date this Agreement is fully executed by the parties hereto ("Effective Date"), provided the parties may extend the term by mutual written consent. 7. Phased Development. The PROJECT will be developed in four (4) phases, which will include a total of seven hundred (700) total dwelling units. The phases are generally described as: Phase 1 A neighborhood retail complex consisting of approximately 2.5 acres, located on the Seacrest frontage north of Martin Luther King Boulevard. Phase 2 Up to 160 senior low income rental apartment units (on up to 4 acres of land, designated for 30 units per acre) and a senior center. FTL:2587484:12 3 S:\CA\AGMTS\Aubum 011409.doc Phase 3 Up to 237 townhouses, condominiums or single family homes, or as modified by mutual consent of the parties, on approximately twelve (12) acres, developed under the City's Workforce Housing Ordinance. Phase 4 Two (2) four-story buildings and two (2) mid -rise eight -story buildings on approximately eight (8) acres, two (2) buildings on Federal Highway and two (2) buildings on the west side of the FEC railroad tracks. The buildings shall contain approximately 304 residential units with some retail and office space in the Federal Highway buildings. Twenty percent (20%) of the units as work force units which shall meet the requirements of the City's Workforce Housing Ordinance. A more particular description of the PROJECT and the properties proposed for each phase of development is set forth in Exhibit "E". The exact schedule for development and what type of development will occur in each phase are subject to change based upon the mutual written agreement of the parties. Except as specifically set forth herein, each phase shall constitute a separate development and neither the CRA nor the City shall have any obligation to advance funds or convey land for a phase until the previous phase is substantially complete. Auburn acknowledges and agrees that all CRA funding and CRA obligations set forth in this Agreement shall be conditioned upon the CRA's revenue and availability of adequate funding. Auburn further acknowledges that appropriation of funds by the City and CRA is a legislative function. 8. City and CRA Land. Within thirty (30) days after the City and the CRA receives written notice from Auburn that it intends to close, within the next thirty (30) days, on its construction financing on the last of any parcels it intends to acquire (in Auburn's sole discretion) for a particular phase, the City or the CRA, as applicable, shall convey title to Auburn, any portion of land they own located within that particular phase, for the nominal price of $10.00. The conveyance shall be of marketable title, free and clear of all encumbrances but shall contain a reversionary interest in favor to the City or CRA which will require that the property be used for the PROJECT FTL:2587484:12 4 S:\CA\AGMMAubum 011409.doc contemplated by this Agreement. The conveyance(s) shall take place at the same time as Auburn's closing on its construction financing for that particular phase. 9. Development Support. The CRA and the City shall issue, at the request of Auburn, adopt or issue Resolutions or letters of support to assist Auburn in obtaining licenses, approvals, clearances or other cooperation from local, County, State, or Federal agencies or regulatory entities. The CRA and the City shall adopt or issue, at the request of Auburn, Resolutions or letters of support to assist Auburn in obtaining applications for allocations of Low Income Housing Tax Credits, tax- exempt bond volume cap, Community Workforce Housing Incentive Pilot Program (CWHIP) funds, and other State or local funding needed for the PROJECT. 10. Overall Commitment. The CRA, the City and Auburn shall coordinate outreach to the neighborhood to provide information to the community about the PROJECT. 11. Land Use. Auburn shall submit applications for land use and zoning designations for the PROJECT, within thirty (30) days of the date of this Agreement. The City will process the land use plan amendments and rezonings needed for each phase of the PROJECT once a complete application is submitted to the City. The City shall use its best efforts to complete consideration of the land use and zoning applications for Phase 1 and Phase 2 as described herein by June 1, 2009. 12. Funding Conditions. The CRA advancements to Auburn described herein shall be conditioned upon the appropriation of funds in the CRA's budget for the fiscal year in which Auburn requests the advancement for a particular phase. In the event that the CRA budget for appropriations is reduced from the planned amount in the year an advancement of funds is requested, the advancement shall be reduced in the same percentage as the percentage reduction in the CRA appropriations budget. All funds advanced by the CRA to Auburn for a particular phase shall be FTL:2587484:12 5 S \CA\AGMTS\Aubum 011409.doc advanced simultaneously with Auburn's actual closing on the construction financing for that particular phase. Auburn shall provide an opinion letter prepared by a certified public accountant on the one, two and three year anniversary of the advancement payment evidencing how Auburn utilized the advancement funds. 13. Future CRA Land Acquisitions. Prior to Auburn's notice to the City and the CRA that it intends to close within the next thirty (30) days, on its construction financing for a phase, the CRA may use the advancement funds designated for a particular phase to purchase land, subject to Auburn's written consent, required for that particular phase. Any land acquired by the CRA in such a manner, shall be conveyed to Auburn manner described in section 8 above. Any CRA advancement shall be reduced by the dollar amount the CRA paid to acquire any land approved by Auburn between the Effective Date of this Agreement and Auburn's notice it intends to close on its construction financing. 14. Grants and Loans. Auburn shall and CRA may, in an effort to accelerate the rate of land acquisition and construction of the PROJECT, pursue grants, loans and other funding so as to reduce the amount the CRA is obligated to advance to Auburn for each phase. See Exhibit "F", attached hereto and made a part hereof for a more detailed example of how this intended work. In the event that the CRA does not have to pay the maximum advancement amount for a given phase due to any grants, loans or other funding obtained by Auburn or the CRA for that phase, the amount of such advancement not paid to Auburn shall roll over for use in the next phase ("Rollover Amount"). In the event Rollover Funds exist for a subsequent phase, Auburn may choose to begin a subsequent phase while still constructing the prior phase. Upon Auburn's request in writing, the CRA shall release the Rollover Funds simultaneously with Auburn's closing on its FTL:2587484:12 6 SAMAGMTS\Aubum 011409.doc construction financing for the subsequent phase. Auburn and the CRA agree that in order to acquire tax -credit financing, Auburn needs to develop Phase 1 first to meet the tax credit grocery store proximity requirement. The parties acknowledge that Phase 3 funding and construction will, in all likelihood, take place before Phase 2 due to opportune acquisitions, a shorter approval period for single family development and available funding. 15. Option to Proceed. Auburn shall have the option, in its sole discretion, to proceed with the development of a subsequent phase of the Plan without completion of a prior phase. In such event, however, Auburn shall have no right to any designated advancement from the CRA for the new phase, until seventy-five percent (75%) of the units planned for the prior phase have received certificates of occupancy or the grocery store has received its certificate of occupancy. Prior to reaching seventy-five percent (75%) completion of the prior phase, Auburn, however, may utilize any other funds received from other governmental agencies, grants or loans and Rollover Funds, if any exist. The CRA shall pay any Rollover Funds at the time of Auburn's closing on its construction financing for the subsequent phase. 16. Eminent Domain. In the event Auburn determines, in its sole discretion, that it has exhausted all efforts to purchase a parcel needed for an assemblage for a particular phase, the City agrees, upon a request in writing from Auburn or the CRA, to consider, but shall not be obligated to, the use of its eminent domain powers to acquire such property for a public purpose. The parties shall share equally in any attorneys' fees (including paralegal fees) and costs arising out of such litigation and shall pay for such property, if acquired, by utilizing CRA funds for the PROJECT. The City shall have the right to select counsel for such litigation and to settle or terminate such litigation at any time in its sole discretion. FTL:2587484:12 SACA�AGMTSWubum 011409.doc 17. Chapter 163 Development Agreement. The parties acknowledge that when the land use designation for a particular phase of the PROJECT is adopted by the City, and all applicable appeal periods have expired, the parties intend to enter into a Florida Statutes, Chapter 163 Development Agreement for each such phase, provided that a Chapter 163 Agreement is otherwise legally permissible. PHASE 1 18. Phase 1 shall consist of the development and management of a neighborhood retail complex consisting of approximately 2.5 acres, located on the Seacrest frontage north of Martin Luther King Boulevard by Auburn, or by a partnership between Auburn and a third party or by a third party subject to the agreement of the parties. Auburn may request the CRA advance up to $1,500,000 from the advancement funds designated for Phase 2 which shall then reduce the funds available to Auburn for Phase 2 by the same amount. If such funds are requested for Phase 1, the funds shall be paid at the time the developer closes on its Phase 1 construction financing. The CRA shall cooperate and assist in obtaining tenants or buyers for the retail complex. PHASE 2 19. Phase 2 shall consist of up to 160 senior low income rental apartment units (on up to 4 acres of land, designated for 30 units per acre) and a senior center. Auburn shall determine, in its sole discretion, the exact number of units to be developed and the exact location of the land to be used for Phase 2. The CRA's contribution to Phase 2 shall be the land it owns in Phase 2 as of the Effective Date of this Agreement, and a payment of up to, but not to exceed, a $1,920,000 advancement, which amount may be reduced pursuant to the terms and conditions contained herein. The payment by the CRA is based upon the maximum number of units funded by Tax Credits, and in FTL:2587484:12 8 S:\CXAGMTS\Aubum 01 1409.doc the event less than 160 units are developed, the advancement shall be reduced proportionately on a unit by unit basis. For example, if the development is downsized to 140 units, the cash advance shall be 140/1601h of $1,920,000, or $1,680,000. The CRA and the City, as the case may be, agree to enter into a purchase and sale agreement with Auburn for the CRA owned land in Phase 2 for the purpose of demonstrating site control to the Florida Housing Finance Corporation. The draft purchase and sale agreement is attached hereto as Exhibit "G". 19.1 Auburn shall acquire, or place under contract, on or before December 31, 2012, all the Phase 2 properties it intends to acquire, in its sole discretion, for Phase 1. Within thirty (30) days after the City and the CRA receive written notice from Auburn that it intends to close within the next thirty (30) days on its Phase 2 construction financing and has fee simple title or is under contract for the balance of the properties it intends to acquire, in its sole discretion, for Phase 2, the City and the CRA, as applicable, shall convey to Auburn, simultaneously with Auburn closing on its construction financing, the Phase 2 land acquired by the City or the CRA, either before or after the Effective Date of this Agreement, for the nominal price of $10, with marketable title in accordance with Florida Statutes and free and clear of all encumbrances. At the same time, the CRA shall pay Auburn up to a maximum advancement of $1,920,000 less any monies expended by the CRA for acquisition of land within Phase 2 since the Effective Date of this Agreement, but not before, and less any grants, loans or other funding obtained by Auburn or the CRA for Phase 2. Auburn shall provide all other funds for the acquisition and development of Phase 2, through private sources, loans, grants from other governmental agencies or mortgage lenders it selects, in its sole discretion. FTL:2587484:12 S:\CA\AGMTS\Aubum 011409.doc 19.2 At the same time as Auburn closes on its construction financing for Phase 2, the CRA shall also provide a demolition grant in the amount of $300,000 for the cost of demolishing, clearing, grubbing, and removing of all underground utilities and subsurface structures and bringing the site to level grade. In the event that the actual demolition cost is less than $300,000, then the balance of these funds shall be used by Auburn for Phase 2 construction costs. 19.3 The senior center shall be a minimum of 3,500 square feet and shall be open to the public but also serve as a clubhouse and leasing office for the Senior Apartments. There shall be access from the gated senior apartments to the senior center through a pedestrian access gate. Auburn shall manage and operate the senior center and shall have the right, in its sole discretion, to contract with a third party for the center's management and operation for a period of fifty (50) years after which the ownership of the senior center property shall be transferred to the City. JAC NOTE: Added conveyance of center to city at end of auburn's 50 year operation and maintenance period. PHASE 3 20. Phase 3 shall consist of up to 237 townhouses, condominiums or single family homes, or as modified by mutual consent of the parties, on approximately twelve (12) acres. Auburn shall develop these units under the City's Workforce Housing Ordinance. Auburn shall commence acquisition of the properties for the Phase 3 assemblage ("Phase 3 Assemblage") as soon as it desires to do so but no later than the date upon which seventy-five percent (75%) of the units planned for Phase 2 construction have received their certificate of occupancy. It is agreed that the Phase 3 land acquisition and development may occur in two (2) or more subphases, as funding sources and market conditions allow. FTL:2587484:12 IN S \CAWGMMAuburn 011409 doc 20.1 Within 30 days after the City and the CRA receive written notice from Auburn that it intends to close, within the next thirty (30) days, on its Phase 3 construction financing and has fee simple title, or is under contract for the balance of the properties it intends to acquire, in its sole discretion, for Phase 3, the City and the CRA, as applicable, shall convey to Auburn, for the nominal price of $10, simultaneously with Auburn's closing on its Phase 3 construction financing, the Phase 3 land acquired by the City or the CRA, with marketable title in accordance with Florida Statutes and free and clear of all encumbrances. At the same time, the CRA shall pay Auburn, up to a maximum advancement of $2,844,000, less any monies expended by the CRA for acquisition of land within Phase 3 since the Effective Date of this Agreement, but not before, and less any grants, loans or other funding obtained by Auburn or the CRA for Phase 3. Auburn shall provide all other funds for the acquisition and development of Phase 3 through private sources, loans, grants from other governmental agencies or mortgage lenders it selects, in its sole discretion. 20.2 At the same time Auburn closes on its Phase 3 construction financing, the CRA shall provide a demolition grant in the amount of $275,000 to Auburn to cover the estimated cost of demolishing, clearing, grubbing, removing of all underground utilities, subsurface structures and bringing the Phase 3 site to level grade. If the actual demolition cost is less than $275,000, then Auburn shall use the balance of these funds for Phase 3 construction costs. Within three (3) months after Auburn commences construction of the Phase 3 units, the CRA shall complete the acquisition of the land necessary for the Phase 3 streetscape improvements illustrated in Exhibit "G". Upon completion of such acquisition, the City shall design and construct the proposed Phase 3 streetscape improvements which may include, but are not limited to, the construction of the town circle, pavers, benches, fountains, landscaping as well as curbs, gutters, parallel parking spaces, sidewalks, lighting FTL:2587484:12 S:\CA\AGMTS\Aubum 011409.doc and signage. The CRA shall pay to the City the actual costs of such improvements. The CRA shall discuss with the owners of the church adjacent to the town circle, allowing the CRA to renovate the exterior of the church. The City shall substantially complete the streetscape improvements within one (1) year after Auburn has commenced Phase 3 construction. The term "substantially completed" when used in this Agreement shall mean that the improvement can be used for the purpose for which it was constructed. JAC NOTE: Changed CRA's obligation from $1,000,000 to actual cost. 20.3 Auburn shall designate a number of the Phase 3 units as workforce units which shall meet the requirements of the City's Workforce Housing Ordinance. The CRA shall create a dedicated $2,500,000 fund earmarked exclusively for assistance to the purchasers of the Phase 3 units to assist them in qualifying for mortgage financing according to their needs and abilities, until the dedicated $2,500,000 fund is exhausted. PHASE 4 21. Phase 4 shall consist of two (2) four-story buildings and two (2) mid -rise eight -story buildings on approximately eight (8) acres. There will be two (2) buildings on Federal Highway and two (2) buildings on the west side of the FEC railroad tracks. The buildings shall contain approximately 304 residential units with some retail and office space in the Federal Highway buildings. Auburn shall designate twenty percent (20%) of the units as work force units which shall meet the requirements of the City's Workforce Housing Ordinance. Auburn's plan is to construct a bridge connecting the two (2) buildings on Federal Highway with the two (2) buildings on the west side of the FEC railroad tracks. The construction of the bridge shall require approvals from the FEC. FTL:2587484:12 12 SACAMMMAubum 011409.doc The City and the CRA agree to cooperate and assist in obtaining these approvals in the manner described in paragraph 9 above. 21.1 The CRA shall provide a demolition grant in the amount of $150,000 to cover the cost of demolishing, clearing, grubbing, removing all underground utilities, subsurface structures, and bringing the site to level grade. The CRA shall pay this grant at the same time it pays Auburn the Phase 4 advancement described in Subparagraph 21.3. If the actual demolition cost is less than $150,000, then Auburn shall use the balance of these funds for Phase 4 construction costs. If the actual cost exceeds $150,000, Auburn shall pay all costs which exceed $150,000. 21.2 The two (2) buildings on the west side of the Phase 4 development shall consist of two (2) or three (3) floors of structured public parking and five (5) or six (6) stories of residential units above the parking with no more than a total of eight (8) stories in such structures. Auburn may commence construction of the parking structures only after Auburn has completed Phases 1 and 2 and the acquisition of all the Phase 4 parcels it intends to acquire, in its sole discretion, and has sold 75% of the Phase 3 units to third -party buyers. Auburn shall construct, at its own expense, all the residential units above these parking structures. 21.3 Within thirty (30) days after the City and the CRA receive written notice from Auburn that it intends to close, within the next thirty (30) days, on its Phase 4 construction financing and has fee simple title, or is under contract for, the balance of the properties it intends to acquire, in its sole discretion for Phase 4, the CRA, simultaneously with Auburn's closing on its Phase 4 construction financing, shall loan to Auburn up to $1,216,000 for the Phase 4 development costs and loan the lump sum of $11,704,000 for the construction of the two (2) parking garages, all subject to the condition that 75% of the Phase 3 units have been sold to third -party buyers. The CRA funding FTL:2587484:12 13 SACA\AGMTS\Aubum 011409.doc for the planned Phase 4 development is contingent upon approval for bond financing in a bond validation proceeding. In the event that the bond validation proceeding does not permit bond financing for the parking garages, then the loan contemplated for the parking garages shall be designated for the construction of the work force housing units. The exact amount of the advancement or the loan may be less than the amount set forth herein if Auburn and the CRA are able to obtain grants, loans or funding from other sources or from remaining Rollover Funds. Auburn shall provide all other funds for the acquisition and development of Phase 4 through private sources, grants from other governmental agencies or mortgage lenders it selects, in its sole discretion. The CRA's Phase 4 loans shall initially be subordinate, interest free loans against the Phase 4 property, but shall be forgiven by the CRA at the time of the completion of construction and the issuance of the final certificates of occupancy for the Phase 4 buildings. If Auburn determines that it is economically infeasible or impossible to acquire the property located on the northeast corner of the PROJECT which is currently utilized for adult entertainment, then Phase 4 may be moved to the south, but in no event shall the total PROJECT area exceed 26.3 acres. In the event that this change is made, Auburn shall construct an attractive, architecturally compatible three or four story commercial building on the northwest corner of US 1 and Martin Luther King, Jr. Boulevard ("MLK"), and the buildings envisioned for the Phase 4 area north of MLK shall be built along Federal Highway and Railroad Avenue to the immediate south of the currently designated Phase 4 area. The total Phase 4 area may be larger, but not smaller, than is currently envisioned, but the total PROJECT may not exceed approximately 26.3 acres. CITY STAFF COMMENT: Phase IV should not be accepted at the proposed density and intensity until after formal amendment of both redevelopment plans through proper public involvement. Preliminarily, staff should not support, at minimum, the proposed height of 8 stories. With respect to building heights, at approximately 80 to 90 feet, this design is FTL:2587484:12 14 S \CAWGMTSWubum 011409.doc inconsistent with the scale of surrounding properties, does not further the visions represented by the two redevelopment plans, and cannot be accommodated by the current mixed-use zoning regulations and system. Staff recommends that the agreement be worded to emphasize the prerequisite of amending the affected redevelopment plans, to reflect staffs general opposition to the proposed scale of Phase IV, and that staff support of the proposed scale/density/height is contingent upon proper amendment of the subject redevelopment plans. 22. General Contractor. Auburn shall have the right to serve as the general contractor for all phases of development and, in the alternative, shall have the right to select, in its sole discretion, general contractors for each phase of development. 23. Permits. The City shall designate a specific Building Department representative to assist in the processing of building permits for the PROJECT. 24. Termination by CRA. The CRA's obligations to provide any funds to Auburn is contingent upon Auburn providing to the CRA, at least forty-five (45) days prior to the payment of any CRA funds, an income tax basis financial statement representing the financial condition of Auburn Development, LLC prepared by a certified public accountant. The CRA, in its sole and absolute discretion, shall determine if Auburn has the financial ability to commence and complete the particular phase for which funding is requested. In the event, in the sole and absolute discretion of the CRA, Auburn lacks the financial ability to commence and complete that phase, then the CRA may terminate this Agreement by providing a written notice of termination to Auburn, within 15 days after receipt of the financial statement. Within forty-five (45) days of receipt of the written notice of termination from the CRA, Auburn shall convey to the CRA and to the City all of the land in the PROJECT it previously acquired from each ( the CRA and the City shall each receive back that property the respective party conveyed to Auburn), with marketable title in accordance with Florida Statutes and free and clear of any encumbrances. In the event however, that Auburn has secured a FTL:2587484:12 15 S:\CA\AGMTS\Aubum 011409.doc construction loan commitment from a commercial lending institution for the construction of such phase then the right of termination contained herein shall be null and void. JAC NOTE: The last sentence negates the CRA's power to exit the agreement. At a minimum, the term "commercial lending institution" should be defined and the amount of the commitment (stated as a percentage of construction loan to project cost) should be stated. Notwithstanding the level of respect the Developer expressed at the CRA meeting for current lending practices, the judgment of a loan officer at a commercial lending institution should not have greater weight than the judgment of the CRA and its professional consultants. 24.1 Phase 2 is intended to be a Housing Credit senior community of up to 160 apartment units and a senior center. If Auburn is unable to obtain an award of Housing Credits for the Phase 2 Senior Apartments from the Florida Housing Finance Corporation, or a successor agency, by January 15, 2012, then the CRA shall have the option to terminate this Agreement by providing written notice of same to Auburn. In such event, within forty-five (45) days after receipt of the written notice of termination from the CRA, Auburn shall convey to the CRA or to the City ( the CRA and the City shall each receive back that property the respective party conveyed to Auburn) all the land in the PROJECT acquired by Auburn with marketable title in accordance with Florida Statutes, and free and clear of any encumbrances. At the time of the conveyance, the CRA shall pay Auburn the amount Auburn paid for the land less any CRA contributions for the land and each party shall no longer have any ongoing obligations to the others. 24.2 In the event the CRA terminates this Agreement without cause, the CRA shall pay Auburn, at the time of conveyance of the land, the amount Auburn paid for the land plus Auburn's verifiable development expenses and costs less any CRA contributions, with interest on the net amount at the rate of 7.5% per annum from the Effective Date of this Agreement. All of Auburn's development rights for the balance of the PROJECT shall be forfeited and the Agreement shall terminate with each party having no ongoing obligations to the others. Auburn's verifiable FTL:2587484:12 16 S:\CA\AGMTS\Auburn 011409.doc development expenses shall not include the salaries of Auburn's five (5) highest paid executives. Documentation for verifiable expenses shall include quarterly expense reports and copies of executed contracts with any third party contractors and consultants. Any cost incurred in developing the Request for Proposals for the PROJECT shall not be included. 25. Termination by Auburn. If Auburn is unable to obtain Housing Credits for the Phase 2 Senior Apartments which are acceptable to Auburn, in its sole discretion, by January 15, 2012, Auburn shall have the right to terminate this Agreement by providing written notice to the CRA. In such event, Auburn shall convey to the CRA all the land in the PROJECT acquired by Auburn within forty-five (45) days of the CRA's receipt of Auburn's written notification of termination. At the time of the conveyance, the CRA shall pay Auburn the amount Auburn paid for the land less any CRA contributions for the land and each party shall no longer have any ongoing obligations to the others. 26. Independent Third Party Financial Analysis. The CRA Board has directed the CRA Executive Director to obtain an independent third party financial review to determine if Auburn has the financial ability to undertake and complete the PROJECT as contemplated by the parties. The independent third party financial review will also evaluate the CRA's financial ability to fund the project. In the event the CRA Board determines, based upon the report, that the PROJECT is not feasible based upon Auburn's financial ability or the CRA's funding ability, the CRA may terminate this Agreement and the Agreement will thereafter be deemed null and void. In the event of termination under this provision of the Agreement all parties will be released of their respective obligations as described herein and no party shall have recourse against another for any expenses incurred in reliance upon this Agreement or damages of any kind. Auburn, by signing this FTL:2587484:12 fil S:\CA\AGMTS\Aubum 011409.doc Agreement, specifically acknowledges that it may not detrimentally on this Agreement until such time as the independent third party financial analysis is delivered to the CRA and the CRA has had thirty (30) days to evaluate and act on the financial analysis. 27. Notice. All notices pursuant to this Agreement shall be sent by hand delivery, U.S. Postal Service, return receipt requested, or by a nationally recognized delivery service such as Federal Express or United Parcel Service to the following addresses: CITY: with a copy to: CRA: with a copy to: Auburn: Thomas Hinners Auburn Group 777 E. Atlantic Ave., Suite 200 Delray Beach, FL 33483 with a copy to: Susan P. Motley, Esq. Ruden McClosky 200 E. Broward Blvd., 15`h Floor Ft. Lauderdale, FL 33301 FTL:2587484:12 18 S:\CAWGMTS\Aubum 011409.doc WITNESSES: Print name: Print name: STATE OF ) SS: COUNTY OF ) AUBURN: AUBURN DEVELOPMENT, LLC By: Print Name: Title: day of 52008 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , the of AUBURN DEVELOPMENT, LLC, freely and voluntarily under authority duly vested in him/her by said company. He/She is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2008. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL:2587484:12 19 SACA�AGMTS\Auburn Ol 1409 doc WITNESSES: Print Name: Print Name: ATTEST: , City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) CITY: CITY OF BOYNTON BEACH, a Florida municipal corporation By: day of , Mayor APPROVED AS TO FORM: IN 2008 , City Attorney I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as City Manager of the City of Boynton Beach, a Florida municipal corporation, on behalf of the City, freely and voluntarily under authority duly vested in him by said municipal corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this — day of , 2008. My Commission Expires: FTL:2587484:12 20 Notary Public, State of Florida Typed, printed or stamped name of Notary Public SXA\AGMTS4Aubum 01 1409.doe WITNESSES: Print Name: Print Name: ATTEST: CRA: CITY OF COMMUNITY AGENCY BOYNTON BEACH REDEVELOPMENT By: Chairman day of 12008 APPROVED AS TO FORM: By: City Clerk , CRA Attorney STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as Administrator of the City of Boynton Beach Community Redevelopment Agency, on behalf of the CRA, freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said CRA. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this — day of .2008. My Commission Expires: FTL:2587484:12 21 Notary Public, State of Florida Typed, printed or stamped name of Notary Public S:\CA\AGMTS\Aubum Ol 1409.doc LIST OF EXHIBITS Exhibit "A" Properties owned by the CRA Exhibit "B" Properties owned by the City Exhibit "C" Properties to be acquired by Auburn from third parties Exhibit "D" Properties owned by Auburn or to which it has legally enforceable contracts Exhibit "E" A description of the Project and the properties proposed for each phase of development Exhibit "F" Example of how grants, loans and other funding will work Exhibit "G" Phase 3 streetscape improvements FTL:2587484:12 22 SACA�AGMWAuburn 011409.doc EXHIBIT "A" NOTE: Add clause regarding financial study. FTL:2587484:12 23 XI. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations ❑ NATURE OF ❑ Administrative AGENDA ITEM ❑ Consent Agenda ❑ ❑ Code Compliance & Legal Settlements ❑ ❑ Public Hearing ❑ February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Approval of the City of Boynton Beach cost sharing with the Community Redevelopment Agency (CRA) in supporting the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM). The cost to the City is $1000.00 EXPLANATION: At the January 13, 2009 CRA meeting, it was proposed that the City and CRA split the cost of sponsorship for the FAM Program at 50% for a total cost for FAM Program corporate sponsorship of $2,000.00 PROGRAM IMPACT: Sponsorship benefits would include ■ One (1) seat at all FAM events February 11-13, 2009 (including 2 reception/dinner functions, 2 breakfast functions, and a high tech industry tour). ■ Company name and logo on Sponsor page in FAM brochure. ■ Company collateral/marketing display at opening reception and dinner on February 11, 2009. ■ Recognition in the Business Development Board E -newsletter as Corporate Sponsor of FAM program. FISCAL IMPACT: This item is not budgeted and would require a fund balance appropriation. ALTERNATIVES: Not to sponsor the PBC Business Development Board FAM program event. Department Head's Signature Department Name S:\I3ULLETIN\F0RMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager City Attorney / Finance alqyAN PrCRA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 13, 2009 X { Consent Agenda { Old Business New Business { Legal { { Other SUBJECT: Approval of Supporting the Palm Beach County Business Development Board's 2009 Familiarization Program (FAVI) SUMMARY: In 2007, the CRA had a Business Development Board (BDB) membership at a cost of $1000. During the 2008 budget cycle, the CRA Board agreed to split the cost of a corporate membership at a price of $5,000 ($2,500 paid by both the City and CRA). Splitting the cost of the membership allowed an opportunity for the City Manager and two Commissioners to participate in the BDB activities. Since the membership to the BDB is shared by the City and CRA at 50% and this event provides value to the City of Boynton Beach, it would make sense to split the cost of the sponsorship. The total cost for a FAM Program corporate sponsorship is $2,000. FISCAL IMPACT: $1,000 from contingency line item 01-51990-200 CRA PLAN, PROGRAM OR PROJECT: Community Sponsorship — Resolution 06-02 RECOMMENDATIONS: Staff recommends sponsoring this event at $1,000 and requests the CRA Board recommend the City Commission contribute the other $1,000. \ �-- Bright ;utive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\1- 13-09 Meeting\FAM Tour Support.doc Page 1 of 3 Bright, Lisa m: Glenn Jergensen [GlennJ@boyntonbeach.org] ;,.:nt: Wednesday, December 31, 2008 1:42 PM To: Bright, Lisa Subject: RE: FAM 2009 Sponsors Lisa, $2000.00 and here is the package. Thanks Glenn Corporate Soonso—r $2-000 cost Corporate Sponsor benefits: • One seat at all FAM events February 11-13, 2009 (includes 2 reception/dinner functions, 2 breakfast functions, & high tech industry tour) • Company name and logo on Sponsor page in FAM brochure • Company collateral/marketing display at opening reception and dinner on February 11th • Recognition in BDB E -newsletter as Corporate Sponsor of FAM Program Glenn Jergensen President/ CEO The Greater Boynton Beach Chamber of Commerce 1880 N. Congress Ave. Suite 106 P -iton Beach, FL 33426 , ✓.BovntonBeach.org Direct: 1-561-732-9501 From: Bright, Lisa [ma !Ito: BrightL@bbfl.us] Sent: Wednesday, December 31, 2008 12:40 PM To: Glenn Jergensen; Jim Williams; Bobby D'Angelo Cc: ghines@bdb.org; Jim@culinary-solutions.net Subject: RE: FAM 2009 Sponsors Glenn, What is the cost for sponsorship? Happy New Year, Lisa Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Zton Beach, FL 33435 5up-737-3256 brightl@ci.boynton-beach.fl.us From: Glenn Jergensen [mailto:GlennJ@boyntonbeach.org] ni rn)MAno a Sent: Wednesday, December 31, 2008 8:54 AM To: Jim Williams; Bobby D'Angelo; Bright, Lisa Cc: ghines@bdb.org; Jim@culinary-solutions.net St i,'�ect: FW: FAM 2009 Sponsors Jim, Bobby, Lisa, Were any of you interested in being a Corporate Sponsor for the Site Consultant Tour in conjunction with the BDB? Corporate Sponsor $2.000 cost Corporate Sponsor benefits: • One seat at all FAM events February 11-13, 2009 (includes 2 reception/dinner functions, 2 breakfast functions, & high tech industry tour) • Company name and logo on Sponsor page in FAM brochure • Company collateral/marketing display at opening reception and dinner on February 11th • Recognition in BDB E -newsletter as Corporate Sponsor of FAM Program Please contact myself or Gary Hines at the BDB if you can. Happy New Year. Glenn Glenn Jergensen President/ CEO The Greater Boynton Beach Chamber of Commerce 1 ) N. Congress Ave. Suite 106 Boynton Beach, FL 33426 www.BovntonBeach.or� Direct: 1-561-732-9501 From: Gary Hines [mailto:ghines@bdb.org] Sent: Tuesday, December 30, 2008 2:05 PM To: Bill Wood; Bob Christie; Francisco Perez-Azua; Gary Hines; Boynton Chamber; Jeff Perlman; Jim Guilbeault; Kelly Smallridge; Troy McLellan Subject: FAM 2009 Sponsors Greetings team, Below is an update on where we stand on sponsorship of the 2009 International Site Consultant — Palm Beach County Familiarization Program (FAM 2009). First is a list of FAM sponsors confirmed to date. We still need six (6) corporate sponsors in order to cover costs of the FAM program. I'm asking the three Chambers to each recruit two additional corporate sponsors. Corporate sponsor cost and benefits are listed below. You are welcome to refer sponsor prospects to me if they need more details on the FAM program. Grand Sponsor (1 reouired The Pugliese Company Hospitality Sponsor ('I required) Boca Raton Resort & Club Corporate Sponsors 9 required) First Industrial Realty Trust / First Park South Florida Florida Power & Light The Weitz Company Corporate Sponsor $2,000 cost ni m�i�nn4 Page 3 of 3 Corporate Sponsor benefits: One seat at all FAM events February 11-13, 2009 (includes 2 reception/dinner functions, 2 breakfast functions, & high tech industry tour) ;ompany name and logo on Sponsor page in FAM brochure • Company collateral/marketing display at opening reception and dinner on February 11tH Recognition in BDB E -newsletter as Corporate Sponsor of FAM Program Regards and best wishes for a Happy & Healthy New Year, Gary Gary Hines Senior Vice President, Administration Business Development Board of Palm Beach County, Inc. 310 Evernia Street West Palm Beach, FL 33401 561.835.1008 ghines(&bdb.org M m1719W)o XII. — LEGAL - 2nd Reading Non -Development CITY OF BOYNTON BEACH ITEM B'1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office RECOMMENDATION: Approve Ordinance amending Community Redevelopment Plan. EXPLANATION: Section 163.361 allows the City Commission to modify the Community Redevelopment Plan from time to time. Plan amendment is appropriate when clarification is required to support community Redevelopment Agency programs, including the implementation of Community Policing Innovations. The amendments contained in this Ordinance have been developed by the CRA Executive Director and her staff and have been recommended by the Agency Board. PROGRAM IMPACT: The amendments implement the Downtown Master Plan, Community Policing Innovations Programs an CRA participation in infrastructure improvements, which by their nature will advance the objectives of the Community Redevelopment Agency. FISCAL IMPACT: None ALTERNATIVES: The Commission is authorized to amend the Plan to include all or none of the proposed amendments. Department Head's Signature City Attorney Department Name SABULLETIMFORMS�AGENDA ITEM REQUEST FORM.DOC City Manager's Signature /�" / Assistant to City Manager /— �i r City Attorney; Finance December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) /, f 4Ei=,C6A� �y January 6, 2 09 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) odd r-Toiic'.f January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) K �'C�<-� ..11 ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Approve Ordinance amending Community Redevelopment Plan. EXPLANATION: Section 163.361 allows the City Commission to modify the Community Redevelopment Plan from time to time. Plan amendment is appropriate when clarification is required to support community Redevelopment Agency programs, including the implementation of Community Policing Innovations. The amendments contained in this Ordinance have been developed by the CRA Executive Director and her staff and have been recommended by the Agency Board. PROGRAM IMPACT: The amendments implement the Downtown Master Plan, Community Policing Innovations Programs an CRA participation in infrastructure improvements, which by their nature will advance the objectives of the Community Redevelopment Agency. FISCAL IMPACT: None ALTERNATIVES: The Commission is authorized to amend the Plan to include all or none of the proposed amendments. Department Head's Signature City Attorney Department Name SABULLETIMFORMS�AGENDA ITEM REQUEST FORM.DOC City Manager's Signature /�" / Assistant to City Manager /— �i r City Attorney; Finance 1 2 3 4 J 6 7 8 9 10 11 13 14 1-� 16 17 18 19 20 ?1 22 24 25 26 27 �g 29 30 ORDINANCE 08- 035- A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE AMENDMENT OF THE COMMUNITY REDEVELOPMENT PLAN TO INCORPORATE THE DOWNTOWN MASTER PLAN AND COMPONENTS THEREOF REGARDING COMMUNITY POLICING INNOVATION PROGRAM AND FUNDING PROGRAMS FOR INFRASTRUCTURE IMPROVEMENTS OR UPGRADES NECESSARY TO IMPLEMENT THE GOALS AND OBJECTIVES OF THE COMMUNITY REDEVELOPMENT PLAN WHICH INCLUDE GREATER DENSITY AND ENHANCED PUBLIC SPACE, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Florida Statute 163.361 provides for amendment or modification of a Community Redevelopment Plan, and WHEREAS, the Community Redevelopment agency Board has reviewed and conducted a public hearing regarding the Downtown Master Plan and the Community Policing Innovation Program and funding programs for infrastructure improvements or elements] thereof. WHEREAS, the City Commission of the City of Boynton Beach. Florida finds that the amendment of the Community Redevelopment Plan will advance the intent. purpose, and goals of the Community Redevelopment Agency as contemplated by the Community Redevelopment .Act of 1969. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION F THE CITY OF BOYNTON BEACH FLORIDA, THAT: Section 1. Each "Whereas" clause set forth above is true and correct and d herein by this reference. Example: expenditures for upgrades and improvements to the Cit -'s 4t' Street Improvement Porlect. 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 Section 2. The City Commission of the City of Boynton Beach Florida approves an amendment of the Community Redevelopment Plan to incorporate the Downtown Master Plan, and the Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades elements contained therein. Section 3. The City Commission of the City of Boynton Beach, Florida Ispecifically approves the amendment of the Community Redevelopment Plan by incorporating the following language related to Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades: Community Policing Innovation Program The CRA'S Community Policing Innovation Program shall endeavor to reduce crime by reducing opportunities for, and increasing the perceived risk of engaging, in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen contact patrol, foot patrol, field interrogation, or intensified motorized patrol. Police officers of the Program shall collect and analyze data on crimes within the CRA and provide the Agency with reports showing year-to-date crime figures. Officers shall undertake actions that will be designed to reduce the numbers and types of crime occurring in the CRA district. Officers in the Program shall interact with business owners, property owners and residents of the CRA to determine their public safety concerns. Officers shall have a presence at CRA events and shall attend community meetings to inform residents of the Program. Officers shall monitor the CRA'S trolley for any issues. Officers shall wear the CRA Program uniform when on duty. Particular attention shall be paid to quality of life crimes that directly affect the desirability of living or doing business within the CRA district. The CRA shall fund the Program with TIF funds to the extent that is currently acceptable practice according to the Florida Auditor General and the recommendation of the CRA'S independent auditor. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Infrastructure UnLrades The CRA shall undertake infrastructure upgrades as necessary to accommodate higher density development as proposed by the Federal Ilighway Corridor Plan and the Downtown Master Plan. Infrastructure shall include water and sewer lines, drainage, electrical and data systems. roadways. transit stops and sidewalks. Section 4. Each and every other provision of the Code of Ordinances not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, am paragraph.. sentence or word be declared by a court of competent jurisdiction to be invalid. such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon its passage and adoption. FIRST READING this 1iv day of 'Dceernbe(-. 2008. 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 SECOND, FINAL READING AND PASSAGE this day of , 2008. ATTEST: Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross Requested City Commission Meeting Dates ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 NATURE OF AGENDA ITEM XII. — LEGAL - 2nd Reading Non -Development ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 ❑ Announcements/Presentations ❑ Administrative ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ❑ New Business ® Legal ❑ Unfinished Business RECOMMENDATION: Please place this proposed ordinance on the January 20, 2009 City Commission agenda under Legal, Ordinances -Second Reading, that revokes ordinance 05-044 and reverts the land use of the Gulfstream Mall property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). Staff recommends, and the property owner supports, the adoption of the proposed ordinance. See the explanation below and the attached Development of Development Memorandum NO. PZ 08-102. EXPLANATION: The Gulfstream Mall property was reclassified to SHDR and rezoned to PUD on August 2, 2005. The applications included land use/rezoning (LUAR 05-005) and new site plan approval (NWSP 05-0141) for the now expired mixed — use project known as Heritage Club. The site plan included 19,538 square feet of commercial space and 166 residential units. The project's demise was caused by a severe downturn of the residential real estate market, a rebound of which is unlikely to happen in the short term. The action to revert land use and zoning to their previous designations of Local Retail Commercial and C-3 Community Commercial will allow such improvements on the property that the current market would support. Given the amount of time elapsed from the approval of LUAR 05-005, the action is also consistent with the provisions of the Code pertaining to the reverting of the PUD zoning. PROGRAM IMPACT: N/A FISCAL IMPACT: /A ALTERNATIVE of approve the subject ordinance leaving the current la d use d zoning in place. Dev4q6edDeartment Director City anager's Signature Assistant to City Manager s � annmg and onmg Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\Reversion LUAR 09-003\Agenda Item Request Land Use 1-20-09 2nd reading.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29' 30 ORDINANCE NO. 09- v , AN ORDINANCE OF THE CITYCOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 05-044 WHICH RECLASSIFIED THE LAND USE FROM LOCAL RETAIL COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF SOUTH FEDERAL HIGHWAY AND GULFSTREAM BOULEVARD; RESTORING LOCAL RETAIL COMMERCIAL (LRC) LAND USE TO THE PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Bovnton Beach, Florida adopted Ordinance No. 05-044 which reclassified the land use of the property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and WHEREAS, the site plan expired August 2, 2007, after a one-year site plan time extension was granted; and WHEREAS, staff is requesting rescission of Ordinance No. 05-044 which ",ill restore the previous Local Retail Commercial (LRC) land use designation which would allow improvements of the property otherwise limited by the restrictive current land use district: and WHEREAS, the property owner, Thirty Six Hundred Holdings. LLC., is lUlly supportive of this request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated S'vCA\Ordinances\Planning\Land UseARescission of land use- Gulfstream Mall 105044) doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30� 31 32 33 herein by this reference. Section 2. Ordinance No. 05-044 is hereby rescinded. The land use on the property will revert to Local Retail Commercial (LRC). Section 3. That the Land use Map of the City is amended to reflect this rescission. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this qday of , 2009. SECOND, FINAL READING and PASSAGE this day of , 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay ATTEST: Commissioner — Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) SACA\Ordinances\Planning\Land Use\Rescission of land use- Gulfstream Mall (05044).doc 2- TO: THROUGH: FROM: DATE: PROJECT NAME/NUMBER: DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-103 Kurt Bressner City Manager i Quintus Greene Development Dire r Michael Rumpf (� Planning & Zoni g Director December 25, 2008 Gulfstream Mall fka Heritage Club LUAR 09-003 REQUEST: Request to revoke Ordinances 05-044 & 05-045, to revert the land use classification from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) and to revert the zoning from PUD Planned Unit Development to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant/Agent: City -initiated Location: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "A'� Parcel Size: ±8.302 acres Existing Land Use: Special High Density Residential Existing Zoning: PUD Planned Unit Development Proposed Land Use: Local Retail Commercial Proposed Zoning: C-3 Community Commerciai BACKGROUND The above request is staff -initiated and applies to the expired mixed-use project known as Heritage Club, located at the northwest corner of Federal Highway and Gulfstream Boulevard. The current Special High Density land use and the PUD Planned Unit Development zoning were conveyed on the property in 2005 through ordinances 05-044 and 05-045, respectively. The site plan, which included 19,538 square feet of commercial space and 166 residential units, expired August 2, 2007 after a one-year site plan time extension was granted on August 1, 2006. The residential real estate market remains severely depressed and therefore unsupportive of projects with a large residential component; commercial markets are negatively affected as well. This action to revert land use and zoning is supported by the provisions contained in the Land Development Regulations, Chapter 2.5, Section 10. Procedures for Zoning of Land to PUD, paragraph C. The code stipulates that, if the "final development plan (.... ) has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the PUD classification (.... ) shall revert to original or highest zoning". Furthermore, the code provides for the process applicable to such reversions. It determines that, should the applicant fail to proceed within the time frame as described above, "the approval of rezoning shall be subject for review by the City Commission". The said review requires that "the City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district". It also allows the applicant to obtain an extension of the commencement date for one (1) additional year, provided that the request for such an extension is submitted prior to the expiration of the PUD classification. Please note that commencement time frame in this section of the code pertains to the date of rezoning, rather than the date of the site pian approval. CONCLUSION/ RECOMMENDATION The Gulfstream Mall property was reclassified to Special High Residential land use and rezoned to PUD in August of 2005, and thus the revocation of zoning proposed by staff clearly meets the intent of the code. Also, consistently with the code's interpretation of the term "rezoning", reversion to the previous zoning would include reversion to the previous land use classification. The owner of the property, Thirty Six Hundred Holdings, LLC, is fully supportive of this request which would allow improvements of the property otherwise limited by the very restrictive current zoning district and land use. Therefore, staff recommends that the City Commission approve this request. If approved, the land use reversion and amendment will be sent to the Department of Community Affairs (DCA) as required. Additional information pertaining to concurrency issues may be needed; please note that the DCA does not provide a special process to accommodate such reversions. However, the parcel size makes the request a small scale amendment which provides for minimal involvement by the DCA. S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\Reversion LUAR 09-003\Gulfstream Reversion MEMO.doc XII. — LEGAL - 2nd Reading Non -Development ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ® Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Please place this proposed ordinance on the January 20, 2009 City Commission agenda under Legal, Ordinances -Second Reading, that revokes ordinance 05-045 and reverts the zoning of the Gulfstream Mall property from PIanned Unit Development (PUD) to C-3 Community Commercial. Staff recommends, and the property owner supports, the adoption of the proposed ordinance. See the explanation below and the attached Development of Development Memorandum NO. PZ 08-102. EXPLANATION: The Gulfstream Mall property was reclassified to SHDR and rezoned to PUD on August 2, 2005. The applications included land use/rezoning (LUAR 05-005) and new site plan approval (NWSP 05-0141) for the now expired mixed — use project known as Heritage Club. The site plan included 19,538 square feet of commercial space and 166 residential units. The project's demise was caused by a severe downturn of the residential real estate market, a rebound of which is unlikely to happen in the short term. The action to revert land use and zoning to their previous designations of Local Retail Commercial and C-3 Community Commercial will allow such improvements on the property that the current market would support. Given the amount of time elapsed from the approval of LUAR 05-005, the action is also consistent with the provisions of the Code pertaining to the reverting of the PUD zoning. PROGRAM IMPACT: N/A FISCAL IMPACT: / ALTERNATIVES: approve the subject ordinance leaving the current land se a zoning in place. Develop t epa ent Direct r City Manager's Signa re Planning and Zo g Director Assistant to City Manager W.1- City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\Reversion LUAR 09-003\Agenda Item Request Rezoning 1-20-09 2nd reading.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM -DOC 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 09- -~ AN ORDINANCE OF THE CITYCOMMISSION OF THE CITY" OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 05-045 WHICH REZONED FROM C-3, COMMUNITY COMMERCIAL TO PLANNED UNIT DEVELOPMENT (PUD) A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF SOUTH FEDERAL HIGHWAY AND GULFSTREAM BOULEVARD; RESTORING C-3, COMMUNITY COMMERCIAL ZONING TO THE PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the Cit}of Boynton Beach. Florida adopted Ordinance No. 05-045 which rezoned the property from C-3). Community Commercial to Planned Unit Development (PUD); and WHEREAS, the site plan expired August 2, 2007, after a one-year site plan time extension was granted; and WHEREAS, staff is requesting rescission of Ordinance No. 05-045 which will restore the previous C-3 zoningdesignation which would allow improvements of the property otherwise limited by the restrictive current zoning district, and WHEREAS, the property owner, Thirty Six Hundred Holdings. LLC.. is fully supportive of this request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. 'The foregoing- Whereas clauses are true and correct and incorporated herein by this reference. S:\CA\Ordinances\Planning`,Rezoning\Rescission of rezoning- Gulfstream Mall (05,045) doc 1 Section 2. Ordinance No. 05-045 is hereby rescinded. The zoning on the 2 property will revert to Community Commercial (C-3) zoning. 3 Section 3. That the Zoning Map of the City is amended to reflect this rescission. 4 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 5 repealed. 6 Section 5. Should any section or provision of this Ordinance or any portion thereof 7 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 8 11 the remainder of this Ordinance. 0 Im 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this �-k`day of 2009. SECOND, FINAL READING and PASSAGE this day of 2009. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, CMC City Clerk Mayor — Jerry Taylor Vice Mayor— Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rescission of rezoning- Gulfstream Mall (05045) doc -2- TO: DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-103 Kurt Bressner City Manager THROUGH: Quintus Greene Development Diretdr r t/1, FROM. Michael Rumpf Planning & Zoni, g Director DATE: December 25, 2008 PROJECT NAME/NUMBER: Gulfstream Mail fka Heritage Club LUAR 09-003 REQUEST: Request to revoke Ordinances 05-044 & 05-045, to revert the land use classification from Special High Density Residential (SHDR) to Local Retail Commercial (LRC) and to revert the zoning from PUD Planned Unit Development to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant/Agent: City -initiated Location: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "A'� Parcel Size: ±8.302 acres Existing Land Use: Special High Density Residential Existing Zoning: PUD Planned Unit Development Proposed Land Use: Local Retail Commercial Proposed Zoning: C-3 Community Commercial BACKGROUND The above request is staff -initiated and applies to the expired mixed-use project known as Heritage Club, located at the northwest corner of Federal Highway and Gulfstream Boulevard. The current Special High Density land use and the PUD Planned Unit Development zoning were conveyed on the property in 2005 through ordinances 05-044 and 05-045, respectively. The site plan, which included 19,538 square feet of commercial space and 166 residential units, expired August 2, 2007 after a one-year site plan time extension was granted on August 1, 2006. The residential real estate market remains severely depressed and therefore unsupportive of projects with a large residential component; commercial markets are negatively affected as well. This action to revert land use and zoning is supported by the provisions contained in the Land Development Regulations, Chapter 2.5, Section 10. Procedures for Zoning of Land to PUD, paragraph C. The code stipulates that, if the "final development plan (.... ) has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the PUD classification (.... ) shall revert to original or highest zoning". Furthermore, the code provides for the process applicable to such reversions. It determines that, should the applicant fail to proceed within the time frame as described above, "the approval of rezoning shall be subject for review by the City Commission". The said review requires that "the City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district . It also allows the applicant to obtain an extension of the commencement date for one (1) additional year, provided that the request for such an extension is submitted prior to the expiration of the PUD classification. Please note that commencement time frame in this section of the code pertains to the date of rezoning, rather than the date of the site plan approval. CONCLUSION/ RECOMMENDATION The Gulfstream Mall property was reclassified to Special High Residential land use and rezoned to PUD in August of 2005, and thus the revocation of zoning proposed by staff clearly meets the intent of the code. Also, consistently with the code's interpretation of the term "rezoning", reversion to the previous zoning would include reversion to the previous land use classification. The owner of the property, Thirty Six Hundred Holdings, LLC, is fully supportive of this request which would allow improvements of the property otherwise limited by the very restrictive current zoning district and land use. Therefore, staff recommends that the City Commission approve this request. If approved, the land use reversion and amendment will be sent to the Department of Community Affairs (DCA) as required. Additional information pertaining to concurrency issues may be needed; please note that the DCA does not provide a special process to accommodate such reversions. However, the parcel size makes the request a small scale amendment which provides for minimal involvement by the DCA. S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\Reversion WAR 09-003\Gulfstream Reversion MEMO.doc XII. — LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM lip Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) r°r January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Nom :_:;-< ::: January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) C" ❑ February 3, 2009 January 19, 2009 (Noon_ ❑ April 7, 2009 March 16, 2009 (Noon) r ❑ Announcements/Presentations ❑ _ City Manager's Report .� -n C:S NATURE OF ❑ Administrative ❑ New Business W -in PE AGENDA ITEM ❑ Consent Agenda ® Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Amend Code of Ordinances Section 2-119, Subsection B "Education and Youth Advisory Board" to modify the attendance policy. EXPLANATION: The absentee policy of the Education and Youth Advisory Board, which states that "Any member failing to attend two (2) of three (3) successive meetings without cause and/or without prior approval of the chairperson of the board shall automatically forfeit his or her appointment" (Exhibit A) is different than the general board absentee policy which was established for all advisory boards with Ordinance No. 01-60. This ordinance states that "When a member of any Board, with the exception of those boards that have regularly scheduled meetings more than once a month, has missed three (3) regular monthly meetings for any reason within one annual board term, that member will be notified that one additional absence will cause his/her board membership to be terminated and a replacement will be appointed at the time of the next absence." As the Education and Youth Advisory Board meets monthly, it is appropriate and the desire of the Board to adopt the standard attendance policy. This will eliminate confusion and allow the members the same number of absences as for all other advisory boards. PROGRAM IMPACT: The Education and Youth Advisory Board will have the same absentee policy as other advisory boards. FISCAL IMPACT: N/A ALTERNATIVES: Do not amend the Code. The Education and You dvisory Board will continue to have a different absentee policy than other board Department Head's Signature City Manager's Signature Recreation & Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager City Attorney / Finance 4 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 72 23 24 25 26 27 Zg 29 30 31 32 33 1 ORDINANCE NO. 09- r`/z1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 2-119 (B) OF CHAPTER 2, ARTICLE VIII, "EDUCATION AND YOUTH ADVISORY BOARD" TO MODIFY THE ATTENDANCE POLICY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the current absentee policy of the Education and Youth Advison Board differs from the general board absentee policy which was established for all advisory hoards which meet monthly; and WHEREAS, the Education and Youth Advisory Board desires to adopt the standard attendance policy which will eliminate confusion and allow the members the same number of absences as all other advisory boards that meet monthly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 upon adoption hereof. Section 2. That Section 2-119 of Chapter 2, Article V1I, "Education and Youth Advisory Board" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck -through type as follows: See. 2-119. Organization. (b) ssi ve meetings :When a member has missed three (3) regular monthly meetinLs for anv 'reason within one annual board term. that member will be notified that one additional absence will cause his/her board membership to be terminated and a replacement will be appointed at the tome of the next absence. f IS vCAvOrdinancesvEducation and Youth Advisory Board Absentee Policy doc 1 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 Section 5. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. 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 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this day of 12009. SECOND, FINAL READING AND PASSAGE this day of 52009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC --ity Clerk ;Corporate Seal) ;:\CA\Ordinances\Education and Youth Advisory Board Absentee Policy.doe ARTICLE VII. EDUCATION AND YOUTH ADVISORY BOARD* *Editor's note -Ord. No. 91-18, � 2-8, adopted Mal, 7, 1991, enacted provisions pertuininr to u children and youth advisory hoard. SUCh ordinance did not .specify manner of codification, lienee, inclusion as Art. VII, ,fid 2-116 -122, has been at the editor's discretion. Sec. 2-116. Created. The City Commission, in accordance with the powers vested in it, hereby merges the Children and Youth Advisory Boards and the Education Advisory Board and establishes the Education and Youth Advisory Board. (Ord. No. 91-18, §2, 5-7-91; Ord. No. 07-001, § 2, 1-16-07) See. 2-117. Duties. The Education and Youth Advisory Board shall act as a fact-finding and advisory board on the following issues and on such other issues as are, from time to time, designated by the City Commission by resolution: (1) Development of programs that promote ongoing relationships with caring adults. (2) Formulation of long and short range programming to benefit the children and youth of the community by involving parents, the business community, civic and neighborhood organizations, including volunteer recruiting for before and after local school programs. (3) Development of incentives and enhancements encourage the development of safe places, including improved playgrounds at or near local schools and structured activities during non -school hours. (4) Identification and dissemination of information on local, county, state and federal programs that provide beneficial services to children and their families. (5) Developing strategies for communicating with the School Board of Palm Beach County_ and its staff, advising the City Commission as to the activities of the Board, and other federal. state and local legislative bodies which affect the needs of students, within the city. (6) Development of child and youth advocacy programs. (7) Contacting community groups and businesses within the geographical boundaries of Boynton Beach for professional skills, materials, financial or education support for the schools and with the purpose of implementing programs at local schools that benefit students from Prc- K through grades 12 and vocational schools. (8) Developing recommendations to the City Commission for forwarding to the School Board of Pal n Beach County regarding actions which may be taken in support of schools in Boynton Beach with respect to proposed legislation at the state level. (9) Coordinating with the local police department to improve safety for students before, during and after school and developing public relations that highlight successful programs. (Ord. No. 91-18, § 3, 5-7-91; Ord. No. 99-33, § 1, 11-16-99; Ord. No. 06-050, § 3, 6-20-06) Sec. 2-118. Recommendations of board. The board shall periodically advise the city commission of its findings with respect to the foregoing issues and shall make recommendations to the city commission on any matter referred to it within thirty (30) days or within such time as prescribed by the city commission by specific resolution. (Ord. No. 91-18, § 4, 5-7-91) Sec. 2-119. Organization. (a) The children and youth advisory board shall comprise seven (7) permanent members, two (2) alternate members and three (3) student members, two (2) to be regular voting members and one (1) alternate, all to be appointed by the city commission. Of the members so appointed, three (3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years, and two (2) shall be for a term of one (1) year. Their successors shall be appointed for a term of two (2) years. Alternate members, as well as the three (3) student members, shall be appointed for a period of one (1) year. (b) A", member- failing to attend two (2) of t4ee (3) sueeessive meetings without eau an&er with -gut prior approval of the ehaifpefsE)n of the board shall auterflatieally feffeit his Of appointment. When a member has missed three (3) regular monthly meetings for any reason within one annual board term that member will be notified that one additional absence will cause his/her board membership to be terminated and a replacement will be appointed at the time of the next absence. (c) Any member of the board may be removed for cause in accordance with state law. The city commission shall promptly fill any vacancy. (d) At the organizational meeting of the board a chairperson and vice -chairperson shall be selected by majority vote of the board. The chairperson and vice -chairperson shall be selected annually at the May meeting of the board. (Ord. No. 91-18, § 5, 5-7-91; Ord. No. 93-30, § 1, 9-7-93) Sec. 2-120. Meetings. The board shall meet regularly once a month or more frequently if necessary, for the transaction of business. Its meetings shall be open to the public. The board may establish its own meeting rules and procedures for the conduct of its business. Four (4) members shall constitute a quorum. (Ord. No. 91-18, § 6, 5-7-91) See. 2-121. Qualification. Members of the • fen and uth education and youth adX ismr h„ar(i shall be residents of the city, with the exception of one alternate non-voting member of the student membership, who may reside outside the city limits. (Ord. No. 91-18. § 7, 5-7-91; Ord. 96-42, § 1, 10-2-96) Sec. 2-122. Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegation to the board of any of the authority or discretionary powers vested and imposed by law in the city commission. The city commission declares that public interest, convenience and welfare required the appointment of the board to act in a purely advisory capacity to the city commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely of administrative authority. (Ord. No. 91-18, § 8, 5-7-91) Sec. 2-123. Consolidation of Children and Youth Advisory Board and Education Advisory Board; survival of actions. All powers, duties, and responsibilities of the Education Advisory Board shall survive and be deemed merged and consolidated with the powers, duties and responsibilities of the Children and Youth Advisory Board. All previous actions of the Education Advisory Board shall survive this consolidation unless specifically revoked by the Children and Youth Advisory Board. The consolidated board shall be known as the Education and Youth Advisory Board. All current members of the Children and Youth Advisory Board are appointed to the Education and Youth Advisory Board as voting members for the balance of their terms of appointment. (Ord. No. 06-050, § 2, 6-20-06) Secs. 2-124-2-125. Reserved. XII. — LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) E January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ® Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ RECOMMENDATION: Motion to approve enclosed amendment (Exhibit "A") to Chapter 4 of our Boynton Beach Code of Ordinances titled Animals and Fowl by amending Section 4-1 (Definitions) and Section 4-4 (Manner of Keeping and treating animals generally, abandonment). EXPLANATION: This amendment to Chapter 4 is intended to enhance our current regulations with respect to the humane treatment of dogs, or any other animals, which are being kept outdoors and restricted in space and movement by confinement to pens, cages and/or kennels. The amendment will close the "loophole" in the current ordinance which does not include provisions to regulate the size of and construction material used for animal enclosures. The attached photos (Exhibit "B") provide examples of confinement structures that staff deems unsightly, inadequate and inhumane. PROGRAM IMPACT: Approval of this amendment will ultimately result in a decrease in the number of "Unlawful Confinement" cases processed by our Animal Control Division by more closely regulating the structures in which animals are maintained. A decrease in the number of "escaped" pets is also anticipated due to the added structural requirements for animal enclosures. Additionally, this amendment will discourage the ownership of multiple animal - aggressive dogs by limiting the number of outdoor dog enclosures allowed on a single property. This amendment will assist the Animal Control Division in reaching its goal to eradicate the possession of fighting dogs in our community. FISCAL IMPACT: We don't foresee any additional costs to the City, however there may be minor costs incurred by pet owners in terms of providing the proper equipment/facilities in which to house their animals. It's the opinion of staff these costs are not only minimal, but necessary for the well being of their animals as evidenced by the proliferation of these regulations throughout the industry. ALTERNATIVES: M ify the proposed amendment or maintain the status q i V .�� epartment Head's Signature City tanager's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMSWGENDA ITEM REQUEST FORM -DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE 09- C I ' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING CHAPTER 4, CODE OF ORDINANCES ENTITLED "ANIMALS AND FOWL," BY AMENDING SECTION 4-1, ENTITLED "DEFINITIONS"; BY AMENDING SECTION 4-4 ENTITLEll, "MANNER OF KEEPING AND TREATING ANIMALS GENERALLI : ABANDONMENT," BY DEFINING THE ACT OF TETHERING AND ESTABLISHING REGULATIONS RELATING TO TETHERING: PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITI E AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, Chapter 4 of the Code of Ordinances sets forth regulations for the keeping of animals within city limits for the protection of residents and animals; and WHEREAS, tethering is the act of constraining an animal's movement by attaching one end of a leash (or other similar device) to the animal and attaching the other end of the leash to some object which is attached to the ground; and WHEREAS, there are dangers to animals that are confined by tethering or by other means ;in private or public yards; and WHEREAS, animals that are improperly or extensively confined or tethered are more likely to cause injury or harm to people and other animals than are ones that are not improperly or !extensively confined; and WHEREAS, the City's Code of Ordinances does not define dog enclosures or sanitary conditions for securing dogs outdoors, and WHEREAS, dogs that are kept outdoors in unsafe enclosures and/or in unsanitary conditions may be injured; and WHEREAS, specifying the appropriate manner of keeping dogs outdoors. whether or in an enclosure, aids in the City's goal of sanitary and safe treatment of animals, and i 3S.ACAK)rdinances'�?008 Manner ofKeeping (animal control rev) doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City Commission finds and determines that limiting and regulating the confinement of animals is in the best interest of the residents of the City of Boynton Beach and serves a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing recitals are true and correct, and are hereby incorporated herein by reference. SECTION 2. That Chapter 4, Code of Ordinances, entitled "Animals and Fowl" is hereby amended by amending section 4-1, entitled "Definitions," to read and provide as follows: Sec. 4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal enclosure means any structure used to restrict an animal or animals to a limited amount of space such as a room, pen, run, cage, compartment, or hutch. Sanitary conditions means a space free from hazards which may endanger an animal's health, such as animal waste or overcrowding. (r) Tether means the act of constraining an animal's movement by attaching one end of a leash (or other similar device) to the animal and attaching the other end of the leash to some object which is attached to therg ound. (rs) Torture, torment, cruelty shall include every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief Cruelty shall also include the failure to provide an animal with proper food, drink, shelter, or protection from weather. (st) Under restraint means that an animal is secured by a leash, lead under the of a person physically capable of restraining the animal and obedient to that person's ids, or securely enclosed within the real property limits of the owner's premises. 2 1 I (tu) TPId animal means any live monkey. non -human primate, raccoon, skunk, toy, 2 ` t, leopard, panther, tiger, lion, lynx, or any other warm blooded animal that can normally be 3 ! found in the wild state. 'This term shall not include domestic dogs (but does include Ilvhrids 4 I ' with wolves, coyotes or jackals). domestic cats ( excluding hybrids with ocelots or mar,-,ays ), 5 farm animals, rodents, any hybrid animal that is part wild. and captive -bred species of c.:()mmon 6 ' !cage birds. 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 SECTION 3. That Chapter 4, Code of Ordinances, entitled 'Animals and k,,«1.. is hereby amended by amending section 4-4. entitled "Manner of keeping and treating, animals generally; abandonment," to read and provide as follows: 11 See. 4-4. Manner of keeping and treating animals generally; abandonment. (a) it shall be ui.iiiu` ,-4;,1 fany per -son to keep al d unsanitai-�' l i �. and medieal attention for siek. diseased or- injur-ed animals; as well as to f4il to inoctilate against disease, aeE6rElinb to the sp;-eeies „fans., al kept. It shall be unlawful for any person to keep animals without providinL: 1) Clean and sanitary conditions 2) Food on a daily basis; 3) Air ventilation and circulation; 4) Water that is available at all times and free of foreivn matter, algae, excreta, or other biological hazards; and (5) Medical attention and/or necessary veterinary care when an animal is sick diseased. or injured. Written proof of veterinary care must be provided unon request by the City (b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal. (l) In general. shelter for dols, cats and small domestic animals must: a. Provide adequate protection from cold and heat. When the outdoor temperature falls below 40 degrees Fahrenheit ("4.5 degrees Celsius) all cats, small domestic animals, and dogs that cannot tolerate such temperatures without stress or discomfort shall be moved indoors or provided adequate heating to maintain temperature above 40 degrees Fahrenheit. When the outdoor temperature rises above 90 degrees Fahrenheit, (33.5 degrees Celsius). ventilation such as exhaust fans or air conditioning must be provided: 3 El 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 b Provide protection from the direct rays of the sun; the direct effect of wind and rain; and all other elements at all times. (2) Animal enclosures which house dogs must meet the following minimum requirements: a A single animal enclosure must be 100 square feet or less. An individual property or parcel of land which contains multiple enclosures may have a maximum aggregate of 150 square feet of dog enclosures. b Animal enclosures shall be constructed with chain link fencing. The flooring of an animal enclosure may be the ground/grass or a solid, non- porous surface such as a concrete slab or pavers which have no less than '/4 inch between them. All flooring for an animal enclosure shall be at ground level A tarp or fabric screening may be used on the sides or top of the animal enclosure. No other type of material, such as plywood, may be used for or attached to an animal enclosure. c An animal enclosure must have a 6 -foot setback from the property line and be located in the rear yard. Prior to constructing an enclosure, citizens must complete a Plarming and Zoning Pernlit Application and receive a Development Permit from the City. The City will establish a flat -rate fee for animal enclosure development permits, which may increase from time to time. d. Animal enclosures must be constructed and maintained so that they: (i) Have no sharppoints or edges that could injure the dog (ii) Contain the dog such that it cannot escape from the enclosure (iii) Keep other animals from entering the enclosure (iv) Provide the dog with unobstructed access to food and water 1. Food and water shall be placed in the enclosure such that they may not be commingled with waste or excreta. Owners must inspect food and water daily and if waste, excreta, or other excessive foreign matter, is present, Owners shall immediately replace the contaminated food or water. (v) Provide sufficient space to allow the dog to turn about, stand, and sit freely; to lie down in any position it would be able to if it were not in an enclosure; and to walk without crouching or stumbling. 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 Es 31 32 33 34 2F v v 36 37 38 _ I. Dogs shall be provided with a minimum of sit ,Quare feet of space to sit or lie down such that the\, are not sitting m tvastc or other excreta (vi) The interior height of an animal enclosure must be at least 12 inches higher than the head of the tallest dog in the enclosure_ when it is in a normal standing position. e. Animal enclosures and food and water receptacles for dogs must he sanitized at least once every two weeks and more often if necessary to prevent an accumulation of dirt, debris. food waste excreta and other disease hazards using steam under pressure or washing with soap and hot water so as to remove all organic material and mineral buildup followed by a clean water rinse. f. Outdoor housing areas using material that cannot be sanitized using the methods provided in paragraph (e) of this section, such as grass shall be sanitized by removing all contaminated material in order to_ prevent odors, diseases. pests. insects, and vermin infestation. (ca) Tethering. Any person who owns or any person who is in charge of am animal kept as a pet who confines that animal outdoors on private property must provide the animal with: (1) Food and potable water, and (2) Provide protection from the direct rays of the sun,• the direct effect of' wind and rain: and all other elements at all times: and (3) Periodic supervision, which shall mean that each animal shall be attended to at least once during every twelve consecutive hours: and (4) Adequate space for exercise, which shall mean no less than 150 square feet per animal. and (5) A fenced vard or animal enclosure that is sufficient to prevent the animal from escaping; or (6) A tether under the following circwnstances: a. Any person who owns or any person who is in charge or in control of anv animal that is under the age of six months shall not tie chain or otherwise tether the animal outdoors. b. Any person who owns or an,, person who is in charge or in control of anv animal that is over the alae of six months shall not tie. chain or otherwise tether the animal kept as a pet outdoors between the hours of 10:00 a.m. and 5:00 p.m. except that an animal kept as a pet of any age may be temporarilN tethered. tied or chained outdoors for a total time period not exceeding fifteen minutes At 5 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 other times it is permitted to tie chain or otherwise tether an animal kept as a pet that is over the age of six months outdoors if the pet is collared by a properly fitting non -choke type collar or a body harness that is fastened to either: 1 A tether that is at least three times the body length of the animal measured from the animal's nose to back of the hindquarters, and that is free from entanglement; or 2 An overhead run which is a leash or chain attached to an overhead wire at lease ten feet long that allows the animal to move unheeded. (d) Nothing in this section shall be construed to prohibit an owner or keeper from controlling an animal kept as a pet by the handheld use of a rope leash or chain. (ge) It shall be unlawful for any person to abandon or set loose, with the intention of avoiding the responsibility for the custody and care of, any domestic animal within the limits of the city. SECTION 4. Codification of this Ordinance is hereby authorized and directed. SECTION 5. All ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part or application of this ordinance 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 ordinance. SECTION 7. This Ordinance shall become effective immediately upon adoption. FIRST READING, this day of 12009. R 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 SECOND, FINAL READING AND PASSAGE, this day apt CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, CMC Citv Clerk (CORPORATE SEAL) Mavor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow I.. Hay Commissioner - Marlene Ross 7 XII. - LEGAL CITY OF BOYNTON BEACH ITEM D.1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 ❑ Announcements/Presentations NATURE OF ❑ Administrative AGENDAITEM ❑ Consent Agenda ❑ Code Compliance & Legal Settlements ❑ Public Hearing February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ City Manager's Report ❑ New Business ® Legal ❑ Unfinished Business El RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: Metropolitan Planning Organization EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Departm d's Signature Department Name S:\BULLETIMFORMS�AGENDA ITEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager copt- City Attorney / Finance O co C'+'1 n N w -cr 3 Cil C:) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R09 -' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled :o representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for Such representation and wishes to bestow upon the following named individuals such right ind honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Metropolitan Planning Organization and appoints _ as alternate representative to the Metropolitan Planning Organization. Section-'. That this Resolution shall become effective immediately upon passage. i TA' RES01, AppomtmentmMetropolnan Planning Organization 09 doc 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 PASSED AND ADOPTED this day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CAaESO\Appointments\Metropolitan Planning Organization 09.doc COMMISSION APPOINTED ORGANIZATIONS 2007-2008 Organization Representative Alternate Meeting Time & Location PBC League of Cities Mayor Taylor Hay plus 4 Wed @ 10:30 a.m. Commissioners, Various locations City Manager j PBC League of Cities Mayor Taylor 2 Wednesday @ 8:30 a.m. Brd of Dir I Various Locations MPO Ross Weiland plus 3" Thurs @ 9:00 a.m. All Commission Governmental Center Intergovernmental Coordination Program Lori LaVerriere Doesn't need to be elected official COBWRA None _ Commission approved 1/3/08 SACity Mgr\Administration\MAYORCOM\Commission Organizations 07-08.doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal govemments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12`h floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - XII. - LEGAL ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) co _1-C ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business c'y ty AGENDA ITEM El Consent Agenda ® Legal to -< ❑ Code Compliance & Legal Settlements ❑ Unfinished Business s p ❑ Public Hearing ❑ Cil O RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: Palm Beach County League of Cities EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Departnt ead's Signature Department Name S:\BULLETIN\FORMSWGENDA ITEM REQUEST FORM.DOC City anager's Signature / ssistant to City Manager lij� City Attorney / Finance 1 I 4 5 �I 6 E, 7 8 f 9 10 11 12 13 l 14 f 15 16 17 18 19 20 21 22 23 24 25 { 26 27 RESOLUTION NO. R09-,'. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ALL CITY COMMISSION MEMBERS, AND THE CITY MANAGER AS ALTERNATE REPRESENTATAIVES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida. hereby appoints as a representative to the League of Cities and appoints any City Commission member and City Manager as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. S \CA',RESO\Appomtments\Palm Beach County League of Cities 09 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 32p9 31 PASSED AND ADOPTED this ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross �RESO\Appointments\Palm Beach County League of Cities 09.doc COMMISSION APPOINTED ORGANIZATIONS 2007-2008 Organization Representative Alternate Meeting Time & Location PBC League of Cities Mayor Taylor Hay plus 4 Wed @ 10:30 a.m. Commissioners, Various locations City Manager PBC League of Cities Mayor Taylor 2 Wednesday @ 8:30 a.m. Brd of Dir Various Locations MPO Ross Weiland plus 3 Id Thur s @ 9:00 a.m. I All Commission Governmental Center Intergovernmental Coordination Program.. Lori LaVerriere Doesn't need to be elected official COBWRA None Commission approved 1/3/08 S:\City Mgr\Administration\MAYORCOM\Commission Organizations 07-08.doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - XII. - LEGAL CITY OF BOYNTON BEACH ITEM D.3 AGENDA ITEM REQUEST FORNA, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 ❑ January 6, 2009 ® January 20, 2009 ❑ February 3, 2009 December 1, 2008 (Noon) December 15, 2008 (Noon) January 5, 2009 (Noon) January 19, 2009 (Noon) ❑ February 17, 2009 ❑ March 3, 2009 ❑ March 17, 2009 ❑ April 7, 2009 February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16, 2009 (Noon) ❑ Announcements/Presentations12. ❑ City Manager's Report � �-. NATURE OF ❑ Administrative El New Business AGENDA ITEM ElConsent Agenda ® Lega! rrri ❑ Code Compliance & Legal Settlements ❑ Unfinished Business kD q ❑ Public Hearing ❑ -p �' cn Z CA RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: _. Countywide Intergovernmental Coordination Program EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Xe-��- Departm 7 s Signature Department Name S:\BULLETWFORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature ssistant to City Manager ch, City Attorney / Finance l 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 RESOLUTION NO. R09- 1 `" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach. Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary tm ;uch representation and wishes to bestow upon the following named individuals such right rnd honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CHE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as )eing true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 1ppolnts as a representative to the Countywide nter overnmental Coordination Program and appoints as .lternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. ls:AC,'11RESO,.Appointments\Countywide Intergovernmental Coordination Program 09.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 30 31 PASSED AND ADOPTED this day of January, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) :\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 09.doc COMMISSION APPOINTED ORGANIZATIONS 2007-2008 Organization i Representative ' Alternate Meeting Time & Location PBC League of Cities Mayor Taylor Hay plus 4 Wed @ 10:30 a.m. Commissioners, Various locations City Manager — PBC League of Cities Mayor Taylor 2 Wednesday @ 8:30 a.m. Brd of DirVarious Locations MPO Ross Weiland plus 3` Thurs @ 9:00 a.m. All Commission Governmental Center Intergovernmental Coordination Program Lori LaVerriere Doesn't need to be elected official COBWRA None _ Commission approved 1/3/08 SACity Mgr\Administration\MAYORCOM\Commission Organizations 07-08.doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3`d Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - XII. - LEGAL ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ December 16, 2008 December 1, 2008 (Noon) ❑ February 17, 2009 February 2, 2009 (Noon) ❑ January 6, 2009 December 15, 2008 (Noon) ❑ March 3, 2009 February 17, 2009 (Noon) ® January 20, 2009 January 5, 2009 (Noon) ❑ March 17, 2009 March 2, 2009 (Noon) ❑ February 3, 2009 January 19, 2009 (Noon) ❑ April 7, 2009 March 16, 2009 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report --1 NATURE OF ❑ Administrative ❑ New Business rn AGENDA ITEM ❑ Consent Agenda ® Legal N ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearing ❑ 2 v O RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: _. Coalition of Boynton West Residents Association EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Departure d's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City anager's Signatur Assistant to City Manager tty Attorney / Finance 1 i 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 -)9 30 RESOLUTION NO. R09- r 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach. Florida, is entitled to representation on the Coalition of Boynton West Residential Associations. Inc.. (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS' clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _ Residential as a representative to the Coalition of Boynton West Associations, Inc., (COBWRA) and appoints as alternate representative to the Coalition of Boynton West Residential Associations, Inc.. (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. IS.ACA�RESO\Appointments\C'OBWRA Appt 09 doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this day of January, 2009. ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Appt 09. doe CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor— Jose Rodriguez Commissioner — Ronald Weiland Commissioner — Woodrow L. Hay Commissioner — Marlene Ross COMMISSION APPOINTED ORGANIZATIONS 2007-2008 Organization Representative Alternate Meeting Time & Location PBC League of Cities Mayor Taylor Hay plus 4t Wed @ 10:30 a.m. None Commissioners, Various locations City Manager PBC League of Cities Mayor Taylor ? Wednesday (a. 8:30 a.m. Brd of Dir Various Locations MPO Ross ; Weiland plus 3r Thurs a. 9:00 a.m. All Commission Governmental Center Intergovernmental Coordination Program Lori LaVerriere li Doesn't need to be elected official C OB WRA None Commission approved 1/3/08 S:\Cite Mgr\Administration\MAYORCOM\Commission Organizations 07-08.doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3`d Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate -