Agenda 03-17-09
The City 0.'
Boynton Bach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
2nd REVISED AGENDA
MARCH 17, 2009
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor - District J II
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherot
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).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
rd REVISED AGENDA
March 17, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch, Police Department Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS &: PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
1. Friday, March 20, 2009 -- FREE concert at Oceanfront Park located at
6415 N. Ocean Blvd. featuring R&B music of Strictly Business from 6 p.m.
to 9 p.m. Food and drink vendors will be available. Parking onsite or park
and ride the free shuttle from Bank of America.
C. Presentations:
1. Proclamations
a. Mayors' Action Challenge for Children and Families
2. Presentations
a. Presentation by Lawrence W. Casey, CEO of the American Red
Cross Greater Palm Beach Area Chapter.
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2nd Revised Meeting Agenda
Regular City Commission
Boynton Beach, FL
March 17, 2009
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
v. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
IV Ross Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
II Hay Recreation & Parks Board Alt 1 yr term to 12/09
IV Ross Senior Advisory Bd Alt 1 yr term to 12/09
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09
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 - March 3, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve negotiation of a contract with Ellie's Catering, of Delray Beach,
FL for the RFQ: "FOOD VENDOR CAPABLE TO ASSIST WITH DESIGN AND
NEGOTIATION OF LEASE FOR THE LIBRARY CAFE": RFQ #024-2610-
09jJA.
2. Approve a piggyback off State Contract #405-000-04-01 for the purchase
of gasoline and diesel fuel products for use in City vehicles and
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2nd Revised Meeting Agenda
Regular City Commission
Boynton Beach, FL
March 17, 2009
equipment for the remainder of the fiscal year with an estimated
expenditure of $1 million. The selected vendors are Petroleum Traders
(Gasoline) and Port Consolidated, or Terrell Industries (Ultra low sulfur
diesel).
3. Reject the fourteen (14) highest bids the City received in response to the
Invitation to Bidders and award Bid #018/2821-09/JA, "ROLLING GREEN
STORMWATER AND WATER IMPROVEMENT PROJECT", to GlobeTec
Construction, LLC (GlobeTec) and execute a contract in the amount of
$3,489,346.60 plus an owner's contingency of 10% in the amount of
$348,934 for a total project budget appropriation of $3,838,280.60.
(Proposed Resolution No. R09-OI9)
C. Resolutions
1. Proposed Resolution No. R09-0S0 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and Health Career Institute (HCI) for a cooperative relationship to
use Boynton Beach as a clinical training site.
2. Proposed Resolution No. R09-0S1 RE: Approving and
authorizing execution of an agreement with the State Department of
Environmental Protection for a $200,000 matching grant for
improvements to Congress Avenue Community Park.
3. Proposed Resolution No. R09-0S2 RE: Approving and
authorizing execution of an agreement between Palm Beach County
(PBC) and the City of Boynton Beach for design and construction of an
interactive water feature at Congress Avenue Community Park using the
PBC 2002 Recreation and Cultural Facilities Bond.
4. Proposed Resolution No. R09-0S3 RE: Approving and
authorizing execution of Change Order #1 to Glatting Jackson, Inc., the
consultant for Congress Avenue Community Park in the amount of
$48,685 due to the addition of an interactive fountain element, additional
requirements by South Florida Water Management District (SFWMD) for
permitting, and the inclusion of the public artist in the Glatting Jackson
contract.
5. Proposed Resolution No. R09-0S4 RE: Approving and
authorizing execution of a proposal from Government Services Group,
Inc. (GSG) to update the data required for the maintenance and potential
continuation of the Fire Assessment Program for Fiscal Year 2009/2010.
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2nd Revised Meeting Agenda
Regular City Commission
Boynton Beach, FL
March 17, 2009
D. Approve reduction of the cash bond in the amount of $33,000 by 90% for the
balance of site improvement of the Waterside Village Planned Unit Development
(PUD).
E. Accept the "Ocean Avenue Interstate 95 Project Alternate Access Route Study"
report as prepared by the consultant, Stanley Consultants, Inc. (Request to be
tabled to April 7, 2009)
F. Approve the termination of the Maintenance Agreement with the Quantum
Community Development District and the City of Boynton Beach for maintenance
services on Gateway Blvd. and High Ridge Road.
G. Accept the written report to Commission of purchases over $10,000 for the month
of February 2009.
H. Renew insurance policies through current broker, Arthur J. Gallagher & Co. for
Public Entity Excess Liability (General Liability & Workers' Compensation) $214{149
and Property (Municipal & Utilities) $1,107,370.
VII. CODE COMPUANCE &. 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:
Land Development Rewrite -- A portion of Group 6
Chapter 4, Article IV: Sign Code (CDRV 07-004)
City initiated
A portion of Group 6 deliverable, pursuant to the LDR Rewrite
Work Schedule, which includes Chapter 4, Article Ie. Sign
Standards.
Applicant:
Description:
IX. CITY MANAGER'S REPORT:
A. Analysis of Revenues and Expenditures for General and Utility Fund - Four
Months Ending January 31, 2009 (Tabled on March 3, 2009)
B. Preliminary Discussion on General Fund Operating Budget for Fiscal 2009-2010
(Tabled on March 3, 2009)
e. Approve the report on disposition of surplus computers. (Tabled on January 6,
2009)
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2nd Revised Meeting Agenda
Regular City Commission
Boynton Beach, FL
March 17, 2009
D. FEMA Project - City Hall, Wind Retrofit
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
B. Review and consideration of approval of Auburn Master Development Agreement
(Proposed Resolution No. R09-01a) Tabled on January 20, 2009
e. Proposed Code amendments relating to reclaimed water April 7, 2009
D. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
e. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-018 RE: Approving
amendments to the City of Boynton Beach's Personnel Policy (PPM)
Manual, Section IV. Benefits, 07. Family and Medical Leave Act (FMLA)
D. Resolutions:
None
E. Other:
1. Reconsideration of budget amendment to the 2008-09 Capital
Improvement Plan for the development of Nautica/Meadows Park.
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2nd Revised Meeting Agenda
Regular City Commission
Boynton Beach, FL
March 17, 2009
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, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE 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 lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
2nd Revised Agenda 03/16/09 10:45 a.m.
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6
III.-ANNOUNCEMENTS & PRESENTATIONS
Item B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 16, 2008 December 1, 2008 (Noon) D February 17,2009 February 2,2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20,2009 January 5, 2009 (Noon) C8J March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
C8J AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Announce the upcoming Oceanfront Concert.
EXPLANATION: On Friday, March 20,2008, the Boynton Beach CRA, the City of Boynton Beach and
The Palm Beach Post will present an Oceanfront Concert, featuring the R & B music of Strictly
Business. This FREE concert will take place from 6:00 PM to 9:00 PM at Oceanfront Park located at
6415 N. Ocean Blvd, Ocean Ridge. Food and Drink vendors are available. Please bring your folding
chairs and be prepared to dance the night away. Parking onsite or park and ride the free shuttle from the
Bank of America on the comer ofUS1 and East Ocean Avenue. The shuttle runs from 5:30 PM - 9:30
PM.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
t;uir ~~v;-<~~
nt Head's Signature City Manager's Signature
5fJ~ - f!Ja+ Assistant to City Manager ~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 16, 2008 December I, 2008 (Noon) D February 17.2009 February 2, 2009 (Noon)
D January 6. 2009 December 15.2008 (Noon) D March 3. 2009 February 17.2009 (Noon)
D January 20. 2009 January 5.2009 (Noon) ~ March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19.2009 (Noon) D April 7,2009 March 16,2009 (Noon)
~ Announcements/Presentations D City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDA TION: Present Proclamation (Recipients will be Virginia Shea and Heather Spillane from the Recreation
& Parks Dept.)
EXPLANATION: At the National League of Cities annual convention in Orlando this past fall, as part of the Mayors' Action
Challenge for Children and Families, mayors were urged to set ambitious goals for improving health, safety and education in
their cities, One of the ways they were encouraged to do this was by supporting quality afterschool programs. Boynton Beach
has always been at the forefront of quality afterschool programs and is, in fact, ahead of the curve with regard to the League's
initiative through the Recreation and Parks Department's Kids' Club Sports, Nutrition and Fitness activities.
PROGRAM IMPACT: This Proclamation will help raise public awareness of this initiative and the City's response in
meeting the need for this type of activity.
FISCAL IMPACT: None
AL TERNA TlVES: Not present Proclamation
-w~~_ ~.~~ d~[,{~~
Depart Head' Ignature " City Manager's Signature
Assistant to City Manager (!)wG
Public Affairs
Department Name City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
PROCLAMA TIOIV
The Mayors' Action Challenge for Children and Families was unveiled this past tall at the
National League of Cities' Congress of Cities in Orlando. Mayors from across the nation
challenged their peers to set bold goals and targets for child and family well-being tn ~nsure
that every child has Opportunities to Learn and GrO\v: A Safe Neighborhood to Call Home:
A Healthy Lifestyle and Environment: and A Financially Fit Family in \vhich to Thm l.'
The City of Boynton Beach has provided significant leadership in the area of community
involvement in education and the \vell-being of our youth, committed to the principle that
quality after-school programs are vital to helping children become successful adults The
City's after-school programs create lifelines and safe life experiences for children and
generate opportunities for them to come together and experience a sense of community
through healthy recreational pursuits.
I By providing opportunities for healthy physical activity, the Recreation and Parks
I
I Department touches the lives of children and their families in a positive way that impacts the
I
I social. economic, health and environmental quality of our community. The future economic
vitality of our City depends on the investments we make in our young people.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, hereby proclaim the City's participation in the National League
of Cities'
I Mayor's Action Challenge for Children and Families
and urge all citizens to support after-school programs that provide a healthy and safe
alternative for our youth after their school day has ended.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 17th day of March,
Two Thousand Nine.
II "---~~,_._- .-. - ~-----_.._----
Jerry Taylor, Mayor
II ATTEST:
Janet M. Prainito, CMC
City Clerk
II
i I (Corporate Seal)
II
I
i
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.2.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
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
o December 16, 2008 December 1,2008 (Noon) :=J February 17,2009 February 2. 2009 (Noon)
o January 6. 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) ~ March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
~ Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
o Code Compliance & Legal Settlements 0 Unfinished Business
o Public Hearing 0
RECOMMENDATION: Allow presentation by Lawrence W. Casey, CEO of the American Red Cross Greater Palm Beach
Area Chapter.
EXPLANATION: Mr. Casey would like to make a presentation to the Boynton Beach City Commission regarding
collaborative opportunities with the American Red Cross on Disaster Preparedness as well as Health and Safety Services.
PROGRAM IMPACT: To raise awareness of the American Red Cross Greater Palm Beach Area Chapter.
FISCAL IMPACT: N/A
ALTERN A TIVES: Not to allow the presentation.
~#
('
City Manager's Si ;
Assistant to City Manager ~
Department Name City Attorney I Finance
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V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 03/17/09
Last Name First Name 1 st Choice 2nd Choice 3rd Choice
Anton Steve Arts Com
Cook Corey Recreation &
Parks Bd.
Gresh Thomas Recreation &
Parks Bd.
Tengbergen Sherie Arts Com
1
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16,2008 December 1.2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
(1iJ)
o January 6,2009 December IS, 2008 (Noon) 0 March 3. 2009 February 17,2009 (Noont5 ~
~ -<G
o January 20, 2009 January 5, 2009 (Noon) [8J March 17,2009 March 2, 2009 (Noon) c:l n"'"
r-_
N ~
o February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon) <.n ~.~
:r:>> u) __
:x 0
- Oz
- -.;1
o Announcements/Presentations 0 City Manager's Report .. 21=m' ....
C",,) ~:.
NATURE OF 0 Administrative 0 New Business ~ r'I1a;
AGENDA ITEM [8J Consent Agenda 0 Legal :I:
o Code Compliance & Legal Settlements 0 Unfmished Business
o Public Hearing 0
RECOMMENDATION: A motion to negotiate a contract with Ellie's Catering, of Delray Beach, FI for the RFQ:
"FOOD VENDOR CAPABLE TO ASSIST WITH DESIGN AND NEGOTIATION OF LEASE FOR THE LIBRARY
CAFE" RFQ# 024-2610-09/JA.
EXPLANATION: On February 05, 2009, Procurement Services opened and tabulated one proposal for the RFQ#024-
2610-09/JA. Based on the submittal of one qualified food vendor capable to assist with the design and negotiation of
lease for the library cafe, it is staff's recommendation to award the RFQ to the sole respondent.
PROGRAM IMP ACT: The intent of this RFQ was to obtain a qualified cafe operator capable to assist the City of
Boynton Beach and its architect with the physical design and layout of the Cafe space. The City will contract with an
architect capable of designing space. The City will be responsible for final Cafe design amenities; however the Vendor
will have significant input into the final design. Final design will be based upon the City's long-term goals for the type
and volume of food served from this venue.
Simultaneous with design and construction of the Cafe, it is the City's desire to negotiate lease terms with the awarded
vendor for the operation of the Cafe. Lease terms shall include rental rates, hours of operations, duration, etc.
FISCAL IMP ACT: Not determined at this time. After negotiation with Ellie's Catering and staff has determined to
recommend an award of this item, it will be brought before Commission for approval.
AL TERNA TIVES: The ~nlY alternative tn tM, wonld be to eleet not ~ caf. wit~n 0", new llbmy.
I , _, } j!
"~~L:~ ~ / _~ ~ ~ ~4.-~~
t Head's Signature City Manager's Signature
~(~ -
'-procuremen S ices
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CC : Craig Clark - Library Director
Jeffrey Livergood - Public Works Administrator/Director
File
BOYNTON BEACH CITY LIBRARY
208 South Seacrest Blvd
Boynton Beach, Florida 33435
Craig B. Clark, Library Director
Phone (561) 742-6380
FAX (561) 742-6381
www.boyntonlibrary.org
..-/'
l "J;
, 1
L-
TO: Carol ~oPP~~'t/penio~ Buyer \~ \.r
FROM: Craig Clark, Jeff LlvergoocfJ
SUBJECT: RFQ #024-2610-09-JA
DATE: February 6, 2009
Ca ro I,
Based on the submittal of one qualified food vendor capable to assist with the design
and negotiation of lease for the library cafe, we recommend for you to proceed
acquiring City Commission^to award the RFQ to Ellie's Catering.
$-~~{'c'''; j, \
Please proceed with creating an Agenda Item Request for the Commission meeting of
March 3, 2009.
Thank you.
".
4~
The Boynton Beach City Library provides our customers
with the highest quality informational resources and personal service.
"C;:;6PON~~CIPIC:IONS'**** ~~
~arol Doppler, CPPB, PurcHasing Agent rk, Library Director
RFQ: FOOD VENDOR CAPABLE TO ASSIST WITH DESIGN AND NEGOTIATION OF LEASE FOR THE
LIBRARY CAFE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: FEBRUARY 05, 2009 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 024-2610-09/JA if any. are hereby rejected as late"
VENDORS Ellies Catering
2410 N. Federal Highway
Delray Beach, FI 33483
Ph: (561) 252-6876
Fax: (561) 276-1799
Contact: Jim Guilbeault
ONE ORIGINAL AND FIVE (5) COPIES
SUBMITTED Yes
STATEMENT OF QUALIFICATIONS
SUBMITTED Yes
ANTI-KICKBACK AFF ADA VIT
SUBMITTED Yes
NON-COLLUSION AFFADAVIT
SUBMITTED Yes
CONFIRMATION OF MINORITY OWNED
BUSINESS Yes/Not a Minority
Owned Business
CONFIRMATION OF DRUG FREE
WORKPLACE Yes
SCHEDULE OF SUBCONTRACTORS
SUBMITTED Yes/NA
COMMENTS:
QUALIFIER AClG~O'VLEDGEMENT
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:
RFQ Title: "FOOD VENDOR CAP ABLE TO ASSIST WITH DESIGN AND
NEGOTIATION OF LEASE FOR THE LIBRARY CAFE"
RFQ Number: 024-2610-09/JA
RFQ Received By: FEBRUARY 05, 2009, 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: FEBRUARY 05, 2009, 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.
----- GIJ) \ beG.~\ \-
Name of Operator: .--.J \ oM --
Federal I.D. Number: :troD n4~ 711
A Corporation of the State of: 't- \0\"\ d~ --
Area Code: 5~\ Telephone Number: )5 J.- b'670
'~,_.'
Area Code: 5bl F AX Number: )... 76- (7'19
Mailing Address: ~ L\ \Q ~, f~c0 \\'W~
\
City/State/Zip: ~e-\\{\"\ ~~\. \ v\ ~ ~fb) "-
\
Email Address: - S-.\~ ~\I "P\~v\ -- '3rl\)\: 0.-.5. ~t
, "- S-- (;:0 I ) b e.Ru / t
- \ r1f.11f"S
Name Typed
18
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
ST ATEMENT 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: C/ l[/e- 5 Ct} tBr' l.v{j
2. Business Address: 1~D ~. F~ \-\~\
''S)e\~~''\ ~~ 'fl '33 ~<{ :,
\
3. When Organized: /CfSLf
4. Where Incorporated: Oe.l1t/H( B~} ?/ Or-I J 0--
5. How many years have you been engaged in business under the present firm name?
2('"
6. General character of work performed by your company.
l .~ I '0'5
,
P,cVlj~ 0</ B to i;ltl/(l Ln. It~ ~ fLecl c/o .5) .-
7. Enclose evidence of possession of required licenses and/or business permits.
8. Number of employees. 2S-
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?* /Va
19
TIDS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
STATEMENT OF QUALIFICATIONS continued....
12. Experience in performance of work similar in importance to this project
Proj ect $ Value Contact Name Phone #
l< rftv/~' ~f(r J1 qaDI wo He),twdry ~/h~r 5"G/. Gs7 -'1z.'I~--
./
J'\eJ c'ro~ s J (au' v~ -- Jl5dv. t..,; f1rv; Ie !l-- q5Lt '1-7S~991 s
..- I I
-- "----.-^
13. Contracts on hand. *
14. Largest completed projects (include final cost).
1)
2)
3)
Dated at: f&-b ~I 2,Do9
this l.-( day of FeL / 20!!!1-
By:
en signature)
Name: l' J J
4/'1e 5 '. &Ut (&e/flJ 1/--
(printed or typed)
Title: OW,Ve,cA & Ch f1
e-r
20
TillS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion ofthe 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 b an 0 licer of the corporation.
By:
E - SIGNATURE
Sworn and subscribed before me
this ~ day of ~~ , 20 Or
Printed Information:
~ J fYUJ 1 h e.4v 1;---
) Pr'1e 5
NAME
() fA/' /'-~ 4- che/
TITLE
~~
NOTARY PUBLIC, State fFlonda CC-III.e 'S Urrer/~'j/
at Large
COMPANY
NOTARY PUBLIC..sTATE OF FLORIDA
...i.... Carol J. Doppler
[ )Co~mission #DD541447
...........".. Expltes: MAY 01, 2011
BONDED TIlRU A'l'LANI1C BONDING CO..INe.
"OFFICIAL NOTARY SEAL" STAMP
21
TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of Fir) rl dry )
County of P J) 1M. gt'" ~e-h )
..--- T <5u l'l ~"C.A"v I j--
);1 Me..5 ' being first duly sworn, deposes and says that:
1) He is Ot.\J~ ~ C1t ef--o f Ul1~ .) CrYq---(r1"~ , the qualifier that
(Title) (Name of Corporation or mn)
has submitted the attached RFQ:
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 (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of
its agents, representatives, owners, employees, or parties in inter , including this affiant
--------
(Signed) .--~--
(Title) ---.. f-A ~ ~.._-,.
,20!2!f NOTARY PUBLIC ST '
........,., . lirE OF nORmA
i-,": Ca~ol. J. Doppler
My commission expires ~, iCon:mlsslon #DD541447
"."...... EXPlfes: MAy 01 2011
BONDED THRV ATLAN '
me BO!ITJ!:NG co, lNe
22
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
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
( ) HISP ANIC
( ) WOMEN
( ) 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
23
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 Ot
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 operators have a
drug-free workplace program. In order to have a drug-free workplace program, a business shall:
l) 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 oi
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 (l), 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.
24
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SCHEDULE OF SUBCONTRACTINGIMINORITY 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: "FOOD VENDOR CAPABLE TO ASSIST WITH DESIGN AND NEGOTIATION OF LEASE FOR THE LIBRARY
CAFE"
RFQ #024-2610-09/JA
MAIN CONTRACTOR NAME: E n(~, j Cl1t~/;~
*MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify)
MINORITY
NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %OF
SUBCONTRACTOR TO BE 4 4 *( see key 4 4 AMOUNT TOTAL
PERFORMED Yes No below) Yes No
f'J f\/
25
IF YOU ARE NOT SUBMITTING A RESPONSE FOR TillS PROJECT, PLEASE
COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES
STATEMENT OFNO SUBMITTAL
If you are not submitting an RFQ for this project, please complete and return this foml ti
PROCUREMENT SERVICES, City of Boynton Beach, 100 E, Boynton Beach Boulevard, P (I
Box 310, Boynton Beach, Florida 33425-0310
Failure to respond may result in deletion of operator's name from the qualified operator's
list for the City of Boynton Beach. ~ lll~ '~ C(}ft'/ I M2f
COMPANY NAME:
./'
ADDRESS: 214 I (j t-/ ~e.d v() I 7-Jw'7
D~/lrl1j tS,~ ~L _17!/<i? ---
TELEPHONE: \"G ( .; "L7G ~ 7[1'
11Mb 7 --......
SIGNATURE:
-.--,
DATE:
WE, the undersigned have declined to respond to your RFQ #024-2610-09/JA for "FOOD
VENDOR CAPABLE TO ASSIST WITH DESIGN AND NEGOTIATION OF LEASE
FOR THE LIBRARY CAFE" because of the following reasons:
Specifications too "tight", i.e., geared toward brand or manufacturer only
(explain below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
26
IF YOU ARE NOT SUBMITTING A RESPONSE FOR TillS PROJECT, PLEASE
COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES
VI.-CONSENT AGENDA
ITEM B.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
o December 16, 2008 December I, 2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
o January 6,2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) r8J March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
o Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
o Code Compliance & Legal Settlements 0 Unfinished Business
o Public Hearing 0
RECOMMENDATION: Request a motion to approve a piggy back off State Contract #405-000-04-01 for the
purchase of gasoline and diesel fuel products for use in city vehicles and equipment for the remainder of the fiscal
year with an estimated expenditure of: $1,000,000.00. The selected vendors on the state contract for the southern
district for gasoline and diesel fuel are listed as Petroleum Traders (Gasoline) and Port Consolidated, or Terrell
Industries (Ultra low sulfur diesel). Public Works requests the ability to use all available southern district vendors on
the state contract to bolster our purchasing options and benefit the needs of the City of Boynton Beach during normal
operations and emergency situations. The State Contract complied with Public Contract bid requirements equal to or
which exceeds Boynton Beach's requirements.
EXPLANATION: Due to the expiration of the Palm Beach County contract for fuel products we will no longer be
able to piggy-back off this contract. Palm Beach County will not provide a contract in the foreseeable future for a
new purchasing agreement that we could have the opportunity to piggyback. Therefore as an alternative the State
Contract is available to utilize. The current State Contract has been issued through June 09. We expect the contract to
be renewed prior to expiration, and plan to continue purchasing within the State Contract agreement.
The provisions of this bid will allow for a one (1) year extension at the same terms, conditions, and prices subject to
vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
PROGRAM IMPACT: Continued purchasing from B.V. Oil (expired Contract Vendor) would leave the city open to
price fluctuations due to the volatility of this commodity
FISCAL IMPACT: Fuel is budgeted in the Fleet Maintenance Account #501-2516-519-52-10 in the amount of
$1,941,532.00 Estimated annual expenditure for the remainder = $1,000.000.
However this option does not yield the volume purchasing power
~' ^
I ~ ~
, '",,"--.. /{.i ~'-"-<"",
, '. City Manage,', Signatme
Assistant to City Manager ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
. jvIol (L C/J C}\J)c~ -. -----
Department Name City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Gasoline and Fuel Oil
CONTRACT NO.: 405-000-04-1
ITB NO.: 24-405-000-S Rebid
EFFECTIVE: August 1,2003 through June 30, 2009
(REV 1 JUL 2006)
SUPERSEDES: 405-000-99-1
CONTRACTOR(S):
American Homegrown Fuel Corporation dba First Coast Biofuels (A)
(REV 5 NOV 2008) Midstream Fuel Service LLC. (A)
Eli Roberts & Sons, Inc. (A)
Glover Oil Company Inc. (A)
Hinson Oil Company (A)
Jim Hinton Oil Company, Inc. (A)
Johnson & Johnson Inc. (A)
L. V. Hiers Inc. (A)
Mansfield Oil Company (A)
Morris Petroleum Inc. (A)
On-Site Fuel Service, Inc. (A)
Petroleum Traders Corporation (A)
Port Consolidated Inc. (A)
Sangaree Oil Company, Inc. (A)
SMF Energy Corporation (formerly Streicher Mobile Fueling, Inc.) (A)
Terrell Industries, Inc. (H)
World Energy Alternatives LLC (A)
(REV 6 FEB 2008)
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services, a 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 of
Gasoline and Fuel Oil 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.
PRICE SHEETS
Palm Beach County - Southern District: (REV 5 ,\lJG 2008)
405-220-920-7000 Gasoline, Unleaded, 87 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6. 2007)
SMF Energy Corporation (7) .0635
Petroleum Traders (7) .145
405-220-920-7800 Gasoline, Unleaded, 87 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders 134) .0169
405-220-930-7000 Gasoline, EIO, Unleaded, 87 Octane, Tank Wa20n Delivery
No Award
405-220-930-7800 Gasoline, EIO, Unleaded, 87 Octane, Transport Delivery,
Minimum Delivery: 8,000 Gallons
Petroleum Traders .0606
Mansfield Oil Company .0769
405-220-920-71 00 Gasoline, Unleaded, 89 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6. 2007)
SMF Energy Corporation 201 ) .0635
Petroleum Traders 20 I) .145
405-220-920-7900 Gasoline, Unleaded, 89 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders 268) .0084
Port Consolidated 268) .04
405-220-920-9000 Gasoline, Unleaded, 92 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6. 2007)
SMF Energy Corporation 335) .0635
Petroleum Traders 335) .145
299
PRICE SHEETS
Palm Beach Countv - Southern District: (Rev lull, 2006)
405-220-920-9200 Gasoline, Unleaded, 92 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders 402) -.0034
Port Consolidated 402) .04
405-120-260-1000 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV lUN 6, 2007)
SMF Energy Corporation 469) .0635
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons. (REV 0] DEC 06)
Port Consolidated 536) .04
Terrell Industries 536) .09
405-120-260-0800 Diesel Fuel, Grade No. 2-D High Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6, 2007)
SMF Energy Corporation 603) .0635
Petroleum Traders 603) . ]45
405-120-260-0820 Diesel Fuel, Grade No. 2-D High Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders 670) .0209
Port Consolidated 670) .04
300
PRICE SHEETS
Palm Beach County - Southern District: (Rev Jul 1.2006)
405-120-270-0010 Diesel Fuel, Red Dye, Grade No. 2-D Low Sulfur, Tank Wagon
Delivery, Minimum Delivery 500 Gallons. (REV HJN 6. 2007)
SMF Energy Corporation 737) ,0635
Petroleum Traders 737) "",-l4~
405-120-270-0030 Diesel Fuel, Red Dye, Grade No. 2-D Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders 804) .0267
Port Consolidated 804) .04
405-120-350-1000 Heating Fuel, Grade No.1, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6. 2007)
SMF Energy Corporation 871 ) .0635
Petroleum Traders 871 ) ./45
405-120-350-1100 Heating Fuel, Grade No.1, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders 938) .0392
Port Consolidated 938) .04
405-120-350-2000 Heating Fuel, Grade No.2, Tank Wagon Delivery'
Minimum Delivery 500 Gallons. (REV JUN 6, 2007)
SMF Energy Corporation 1005) .0635
Petroleum Traders 1(05) .145
301
PRICE SHEETS
Palm Beach County - Southern District: (REV 6 FEB 2008)
405-120-350-2200 Heating Fuel, Grade No.2, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders 1072) .0209
Port Consolidated 1072) .04
405-120-350-2300 Heating Fuel, Grade No.2 Low Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons. (REV JUN 6, 2007)
SMF Energy Corporation 1139) .0635
Petroleum Traders 1139) .145
405-120-350-2400 Heating Fuel, Grade No.2 Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders 1206) .0267
Port Consolidated 1206) .04
405-120-250-0400 Biodiesel, B20 Blend, Tank Wagon Delivery
Minimum Delivery 1,000 Gallons.
SMF Energy Corporation 1273) .123
W orId Energy Alternatives 1273) .42
405-120-250-0600 Biodiesel, B20 Blend, Transport Delivery
Minimum Delivery 7,200 Gallons.
Mansfield Oil .0531
Petroleum Traders Corporation .0844
W orId Energy Alternatives .19
302
ORDERING INSTRUCTIONS
(REV 6 FER 2008)
CONTRACTOR: American Homegrown Fuel Corporation dba First Coast Biofuels
SPURS VENDOR NUMBER: 06-1711629-002 (A) ___..._..._..._........_m__..m
Please identifY the person who will be responsible for administering the Contract on your behalf
if award is made. and include an emergency contact phone number:
Name: John Magwood ---------.-
Title: President & CEO
Contractor Name: American Homegrown Fuel Corporation
Street Address: 13852 Waterchase Way
City, State. Zip: Jacksonville. FL 32224-0806 ----
E-mail Address: john{(iifcbio.cllll1
Internet Address: www.fcbio.com .------
Cell Phone Number: 904-525-3835 ------------~_._----------
Fax Number: 309-415-9093 --------.--.--
Orderine Information:
Name: Charles Civis -- --....----
Title: Assistant Manager
Street Address or P.O. Box: 1170 West Hwv 90 ---.-- --...-.---
City, State, Zip: Lake City. FL 33055 .',-------
Phone N urn ber: 386-754-26 I 6
Ordering Fax Number: 309-415-9093 --~~._,--_._----
E-mail Address: jol1n(a'fcbio.com --------
Federal ID Number: 59-0914530
Remit to Address
Contractor Name: American Home€!rown Fuel Corporation -----
Street Address: 13852 Waterchase Wav ---.----- -_.---
City. State. Zip: Jacksonville. FL 32224-0806 ----- ~-------
Bank Charge Fee(s): 3.46 %
303
ORDERING INSTRUCTIONS
(REV 6 FEB 2008)
CONTRACTOR: Petroleum Traders Corporation
SPURS VENDOR NUMBER: 35-1462227-002 (A)
Please identifY the person who will be responsible for administering the Contract on your behalf
if award is made, and include an emergency contact phone number:
Name: Gayle Newton
Title: Contract Sales Manager
Contractor Name: Petroleum Traders Corporation
Street Address: 7120 Pointe Inverness Way
City, State, Zip: Fort Wayne, IN 46804-7928
E-mail Address: gnewton(iV,petro Jeumtraders.com
Internet Address: http://www. petro leumtraders.com/
Toll Free Number: 800-348-3705 Ext. 1002
Phone Number(s): 260-432-6622 Ext. 1002
Fax Number: 260-207-6347
Orderinl! Information:
Contractor Name: Petroleum Traders Corporation
Name: Contract Sales Department
Street Address or P.O. Box: 7120 Pointe Inverness Way
City, State, Zip: Fort Wayne, IN 46804-7928
Toll Free Number: 800-348-3705 Ext. 1002
Phone Number(s): 260-432-6622 Ext. 1002
Fax Number: 260-207-6347
E-mail Address: gnewton@)petroleumtraders.com
Federal ID Number: 351462227
Remit to Address
Contractor Name: Petroleum Traders Corporation
Street Address or P.O. Box: 7120 Pointe Inverness Way
City, State, Zip: Fort Wayne. IN 46804-7928
Bank Charge Fee(s): 4%
Method of Transport Delivery: .x Common Carrier - Contractor Owned
314
VI.-CONSENT AGENDA
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
o December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) [gJ March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
(1) Motion to reject the fourteen (14) highest bids the City received in response to the Invitation to
Bidders.
(2) Motion to award Bid #018-2821-09/JA, "ROLLING GREEN STORMWATER AND WATER
MAIN IMPROVEMENT PROJECT", to GlobeTec Construction, LLC (GlobeTec) and execute a
contract by resolution in the amount of $3,489,346.60. Also, approve an owner's contingency of
10% in the amount of $348,934.00 for a total project budget appropriation of $3,838,280.60.
EXPLANATION:
The geographic location of the Rolling Green project is best explained using the attached project
area map, however, in general the project area is bounded by NW 17TH Avenue on the north, 1-95
lliS lli .
on the west, NE 4 treet on the east and NE 14 Avenue on the south. The mfrastructure
improvements include approximately 26,800 linear feet of 8-inch water main installation, valves,
service connections, 38 new fire hydrants; installation of 52 stormwater inlets, approximately
3,000 linear feet of 24-inch exfiltration piping, swale development and 57,000 square yards of
roadway asphalt overlay.
PROGRAM IMPACT:
Seventeen (17) bids were received and opened by Procurement Services on December 18, 2008 and
copies of the bid proposals were submitted to the Utilities Department and Mathews Consulting
for review and evaluation.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
After having performed an initial administrative evaluation of the 17 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25 RIGHTS
OF THE CITY, subsection 25.3 that the City Commission reject 14 of the bids based on price.
The 14 bids were received from the following bidders (listed by bid value from low to high):
AKA Services, Inc. Asphalt Consultants, Inc.
Man Con, Inc. Ric-Man Construction, Inc.
Felix Associates, Inc. Chaz Equipment Company, Inc.
Palm Beach Grading, Inc. Intercounty Engineering, Inc.
B&B Underground Contractors, Inc. Ocean Bay Construction, Inc.
Sheltra & Son, Inc. Danella Utility Construction, Inc.
Foster Marine Contractors, Inc. Gonzalez & Sons, Inc.
A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria identified in
the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through
26.1.10 was initially performed by Mathews Consulting on the three (3) remaining bidders as
follows:
Master Excavators, Inc. $3,408,495.10
GlobeTec Construction, LLC $3,489,346.60
Johnson-Davis, Inc. $3,726,692.00
As a result of the detailed Bid Evaluation - Due Diligence performed on the three (3) low bidders,
it was determined that the lowest bidder Master Excavators, Inc. submitted an incomplete bid
package.
The Engineer's Cost Opinion for this project is $5,071,701.00. The value of the 17 bids received
for this project ranged from $3,408,495.10 to $6,305,945.70 and the average bid value is
$4,340,790.64. With a bid value of $3,489,346.60, the GlobeTec bid is $1,582,354.40 below the
Engineer's Cost Opinion and $853,882.40 below the average bid value for this project.
Due to the apparent disparity between the GlobeTec bid, the Engineer's Cost Opinion and the
average bid value, the Utilities Department and Mathews Consulting conducted a pre-award
meeting with GlobeTec to review the detailed requirements of the City's bid documents, technical
specifications and project construction drawings. During this meeting, GlobeTec reconfirmed
their understanding of the bid documents, the detailed and specific requirements of the technical
specifications and project construction drawings.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Therefore, as the result of the Bid Evaluation - Due Diligence process and the pre-award meeting
with GlobeTec, the Utilities Department concurs with the Mathews Consulting recommendation to
award the contract to GlobeTec as the lowest, most responsive, responsible bidder who meets all
contract document requirements and whose bid represents the most advantageous bid to the City,
price and other factors considered.
FISCAL IMPACT:
Funds are available as follows:
Account Number Project Number Allocation
406-5000-590-65-02 WTR121 65%
406-5000-590-65-07 STM027 35%
ALTERNATIVES:
The Rolling Green project will provide a better quality of life within the community by providing
improveme~nts to existing potable water and stormwater manag..ement.infrastructure and
ne~~oo . ~ . J
~ .Q- ! AA- \,i L~
KofiBoateng, . ~essner,
Director of Utilities City Manager
~~-
Department Name City Attor
Attachments
xc: ~eter Mazzella, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
Paul Fleming, Senior Project Manager
Barb Conboy, Utilities Administration Manager
Procurement Services
Project File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R09-0/1
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 REJECTING THE FOURTEEN HIGHEST BIDS:
6 AWARDING BID #018-2821-09/JA TO GLOBETEC
7 CONSTRUCTION, LLC., FOR ROLLING GREEN
8 STORMWATER AND WATER MAIN
9 IMPROVEMENT PROJECT FOR A TOTAL
10 AMOUNT OF $3,838,280.60; AUTHORIZING THE
11 CITY MANAGER TO EXECUTE CONTRACT
12 DOCUMENTS; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, on December J 8,2008 seventeen (17) bids were received by the Clt\
16 in response to Bid #OJ8-2821-09/JA.: and
17 WHEREAS, after performing an initial administrative evaluation of the seventeen
18 bids received, the Utilities Department is recommendation that the City Commission reject
19 fourteen (14) of the bids based on price: and
20 I WHEREAS, City statT concurs with the recommendations of Mathews
I
21 Consulting, Inc., to award the bid to GlobeTec Construction, LLC, as the overall IU\H?Sl
22 most responsive. and responsible bidder who met all specifications and whose bid is in the
23 best interest of the City.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 \OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 \ I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
I
27 las being true and correct and are hereby made a specific part of this Resolution upon
I
I
28 ladoption.
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29 ! I Section 2. The City Commission of the City of Boynton Beach, Florida.
30 IlherebY rejects fourteen (14) of the bids received in response to the City's lnvitation to Bid
I S \CA\RESO\Agr~~ments\Bid Awards'cl\ward of Bid Rollmg (ir~eI1IGlobeTecl d(l(
I
II
1 I for #018,2821 ,09/J A. The rej ected bids are listed on Exhibit "A".
2 Section 3. The City Commission of the City of Boynton Beach, Florida,
3 hereby approves the award of Bid #018-2821-09/JA to GlobeTec Construction, LLC., for
4 Rolling Green Stormwater and Water Main Improvement Project.
5 Section 4. The City Manager is authorized to execute a contract in the amount
6 of $3,489,346.60 plus a 10% contingency of $348,934.00 for a total appropriation of
7 $3,838,280.60. The form of contract shall be as approved by the City Attorney.
8 Section 5. That this Resolution shall become effective immediately.
9 PASSED AND ADOPTED this day of March, 2009.
10
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor - Jerry Taylor
15
16
17 Vice Mayor - Jose Rodriguez
18
19
20 Commissioner - Ronald Weiland
21
22
23 Commissioner - Woodrow L. Hay
24
25
26 Commissioner - Marlene Ross
27 ATTEST:
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33 (Corporate Seal)
S:ICAIRESO\AgreementsIBid Awards\Award of Bid - Rolling Green (GlobeTec).doc
- 2 -
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BID TITLE: ROLLING GREEN STORMWATERAND WATER MAIN
IMPROVEMENT PROJECT
BID NUMBER: 018-2821-09/JA
PROJECT NUMBER: WTR121. STM027. & SWR104
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 18th day of December ,2008, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and GLOBETEC CONSTRUCTION. LLC
a Florida Corporation ( x ) Check One
--
a Florida General Partnership (_)
a Florida Limited Partnership ( )
a Sole Proprietor (-)
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as
ROLLING GREEN STORMW ATER AND
WATER MAIN IMPROVEMENT PROJECT
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 18th day of December. 2008, for the total bid amount of $3.489.346.60;
and,
WHEREAS, On the 3rd day of Februarv. 2009, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 560 calendar days, inclusive of Phase 1 and Phase 2. as
specified in the Notice to Proceed, subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
Utilities Department ('-1 Rev)~ed 07 -11-08
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General - Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents. .
2.2. The "Contract Documents" are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Supplemental Conditions for Construction
2.2.7 Special Conditions for City-Furnished Materials
2.2.8 Terms and Conditions for City-Furnished Materials, Attachment B
2.2.9 Construction Contract
2.2.10 Certificate of Insurance
2.2.11 Public Construction Bond
2.2.12 Technical Specifications
2.2.13 Contract Drawings and Plans
2.2.14 Addenda
2.2.15 Written directives or interpretations
2.2.16 Manufacturers warranties
Utilities Department C-2 Revised 07-11-08
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3. 1.1. Furnish all materials, supplies, machines, eqUipment, toob.
superintendents, labor, insurance, and other accessones and serVlces
necessary to complete said project in accordance WIth the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of thc
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to tht'
conditions contained in said Contract Documents and expressly agrees 10
comply with every requirement and stipulation therein contained.
3.1.2.1 Comply w1th provisions in Special Conditions and Tern1s and
Conditions for City-Furnished Materials.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier \vith
a copy of his Public Construction Bond within five (5 ) days cd
subcontractors' work or material supplying and shall maintain records t\'
establish that notice. A copy of said notice shall be provided to the City"-
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth III
the General Conditions for Construction GC-24, WARRANTY. Warranty
period shall commence with date of final acceptance as set forth in the
Technical Specifications for Construction 01700, EXECUTIOl\
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes. 1:
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion IS
completed and ready for use, leaving the same in a neat and presentable
condition.
Utilities Department ('-3 Revised 07-11-08
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award ofthe Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 560
calendar days thereafter, inclusive of Phase 1 and Phase 2.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
Utilities Department C-4 Revised 07-11-08
proposal, and for such others as the Project Engineer may direct and shall II
employ any that CITY may. within a reasonable time, object to as Il1competenl '!
as unfi t.
6. LIQUIDATED DAMAGES
6.l. The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 560
calendar days from the Commencement Date, inclusive of Phase 1 and Phase 2, as
indicated in the written "Notice to Proceed", The CITY shall have the right to
deduct said liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR
or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion arc
to be corrected by the CONTRACTOR within thirty (30) calendar days and pnor
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC -50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.l. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction.
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.l. The CONTRACTOR shall indemnify and save harmless and defend the CIry'. its
agents, servants, and employees from and against any claim, demand, or cause oj
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance 01
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents.
servants and employees from against any kind and all causes, claims, demands.
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
Utilities Department C-5 ReVised 07-11-01<-
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the Insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. At the City's discretion, the City may make direct
purchases of any materials and equipment purchased for, or to be
incorporated into the Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTANDS THE ABOVE PROVISION.
INITIALS
Utilities Department C-6 Revised 07-11-08
All such work shall be executed under the conditions of the ongmaJ Contr;Jc
Any claim for extension of time caused thereby shall be made in writing at tll!,
time such change is ordered. Changes in the work must be processed as set fort
111 the General Conditions for Construction GC-46, FIELD ('HANCT]
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Ordcl
shall be authorized by the Project Manager if the Contractor has added languagL
to the Field Change Directive or Change Order or to any cover letter, (:-r11<.1I
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any future
right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the ProlCC;
Manager shall secure specific written authorization from the City Manager
office before executing the Field Change Directive or Change Order
10.2 Al change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11 PROJECT ENGINEER
11.1 The Proiect Engineer ("Engineer") is Mathews Consulting, Inc.. Dave Mathews.
P.E.
11.2 The Project Engineer shall have general supervision and direction of the work,
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CIT)'
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3 As the Project Engineer is, in the first instance, the interpreter of the conditions ot
the contract and the judge of its performance, he shall side neither with C rTY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4 In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
Utilities Department ("-7 Revised 07-] ]-08
12 INSURANCE
12.1 The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13 CONTRACT CONTROLS
13.1 This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2 In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the Project Manager. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction, technical specifications, and finally by the balance of
the Contract Documents.
14 TIME OF ESSENCE
14.1 Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMIT A nON ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
Utilities Department C-8 Revised 07-11-08
15.3 Failure on the part of CONTRACTOR to timely process a request tor ;u
extension of time to complete the work shall constitute a waIver :)
CONTRACTOR and CONTRACTOR shall be held responsible for completmcc
the work within the time allocated by this contract.
15.4 All requests for extension of time to complete the work shall be made 111
accordance with the General Conditions for Construction GC -23, EXTENSIOl\
OF TIME/NO DAMAGES FOR DELAY.
15.5 For the purpose of this section, the phrase "the CITY, its agents and employees"'
shall include but shall not be limited to the Project Engineer and Project Manager
16 DISPUTES
16.1 Disputes shall be resolved as set forth in the General Condltions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dIspute by the Owner, either party may request the
appointment of a mediator.
Utilities Department C-lJ Revised 07-11-08
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY
and the CONTRACTOR has executed these presence the day and year herein before
written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed CONTRACTOR
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly
authorized to administer oaths,
known to be the persons described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
Utilities Department C-10 Revised 07-11-08
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EXHIBIT "A"
BID# 018-2821-09/JA
RESOLUTION NO# R09-19
14 Rejected Bids are as follows:
AKA Services, Inc.
Man Con, Inc.
Felix Associates, Inc.
Palm Beach Grading, Inc.
B & B Underground Contractors, Inc.
Sheltra & Son, Inc.
Foster Marine Contractors, Inc.
Asphalt Consultants, Inc.
Ric-Man Construction, Inc.
Chaz Equipment Company, Inc.
Intercounty Engineering, Inc.
Ocean Bay Construction, Inc.
Danella Utility Construction, Inc.
Gonzalez & Sons, Inc.
~ MATH.EWS
. CO~~!&IlliSt:~
January 12, 2009
Mr. Paul M. Fleming
Senior project Manager
Utilities Department
CITY OF BOYNTON BEACH
124 E. Woolbright Road
Boynton Beach, Florida 33435
City of Boynton Beach
Rolling Green Stormwatcr 8r. WatJ:r Main Improvement Project
RIddinG' R_aIb {Bid 11011-2121-09/.1.4.)
Dear Mr. Fleming:
On ThUfSday, December 18, 2008, at 2:30 PM, bids were received by the City of Boynton Beacb for the
Rolling Green Stonnwater & Water Main Improvement 'Project. Seventeen (17) bids were received as
follows:
Name of Bidder Amount o,Dale Bid
1. Master Excavators, Inc. S 3.408,495.10
2. GlobcTec Coostnlction, Inc. S 3,489,346.60
3. Johnsoo.Davis, Inc. S 3,726,692.00
4. AKA Services, Inc. S 3,878,717.00
5. Man Con, Inc. S 3,920,673.85
6. Felix Associates, Inc. S 3,958,078.60
7. Palm Beach Grading, Inc. S 3,989,899.60
8. B&B Underground Contractors, Inc. S 4,046,648.25
9. Sheltra & Son Construction Company, Inc. S 4,067,657.25
10. Foster Marine Contractors S 4,140,447.75
11. Asphalt Consultants, Inc. S 4,225,991.90
12. Ric-Man Construction, Inc. S 4,439,859.29
13. Cbaz Equipment Company $ 4,815,579.25
14. InterCounty Engineering. Inc. S 5,005,098.00
15. Ocean Bay Construction, Inc. S 5,084,656.69
16. Danella Utility Construction, Inc. S 5,287,173.30
17. Gonzalez 8r. Sons Equipment $ 6,305,945.70
The City requested Mathews Consulting utilize the City "Bid Evaluation - Due Diligence Form" in order
to evaluate and . document our evaluation of the three (3) lowest. Bidders (Master Excavators, Inc.,
GlobeTec Construction, Inc., and Johnson-Davis, Inc.). The bids are evaluated on the specific criteria
identified in the Instruction to Bidders, Section 26 SELECTION CRITERIA, subsections 26.1. I through
26.1.10.
Mathews Consulting, l"c. . /475 CefllTqJark Boulnvrd, Suite 250. ~st Palm Beach. FL JJ4()1
561-478-7961 · Fax 561-478-7964
www.mathewscorr.rulti1lginc.com
.--
~ MATHEWS
CONSULTING INC.
Mr. Paul Fleming
Ja1I8lITY 12,2009
Pagelof3
The "Bid Evaluation - Due.Diligence Fonn" for the three (3) low Bidders are provided in the following
Attachments: '
. Attachment A - Master Excavators, Inc.
. Attachment B - GlobeTec Construction, LLC
. Attachment C - Johnson-Davis. IDc
The following swnuuuizes our findings for the three {3) low Bidders:
Muter Exeavator~..lDc. fLow BIdiJerJ . $3.408.495.10
The required informatiOn to be submitted by the Bidder is considered to be incomplete. No infonnaUon
was provided for "background and experience' of the principal manbors of the penonnel. including
officers". No information was provided for-"contractB on band". Also, the projects listed for experience
of the finn ,with similar projects were for site work & utility infrastructure for facilities such as Home
,DepOt, ~'s Clubs. etc. No projects for residential neighborbood infrastructure projects Were provided
in bid package. The references that were chocked by MC were satisfactory. The Contractor's office is
located in Miami, Florida.
. Based upon infonna.tiori provided by die Bidder, it appean that this Contractor is experienced with site
work and utility work for free standing building type projects, however, no experience was 1isted ~ the
Bid for ~identia1 neighborhood infrastructure type projects.
GlobeTee CoDStruet!oa.lDc. f2'" Low BItIdm .. $3._.346.60
The required information to be submitted !'Y the Bidder is considered to, be COIQPlete. The Contractor is
.very experienced .with residCII:tial neighborhood infrasInlcture projects ad provided numerous similar
project examples. Relevant background and experience of the principal members of the -personne~
including- officers, was also provided. The references that were chocked by MC were satisfactory. One
reference did State that tho Contrac:tor requested several changc-orders that were not warranted. and they
were rejected. The .contractor's offico is located in Dcorfield Beach, Florida.
Based upon infonnation provided by ,the Bidder. this Contractor seems to have the most experience with
residential neighborhood infrastnicture type projects Id:ing as the Prime Contractor.
JohuoD-Davii.lDc. rr Low BIdtk,} ~ $3.716~69Z.00
The ~ircd information to be submitted by the Bidder is considered to be com,pletc. The Contractor is
very experienced wi1h residCntial neighborhood infrastructure projects and provided similar project
examples; however, they performed as a Subcontractor on tho majority oftbe projocts and not as a Prime
Contractor. Relevant background and experience of the principal members of the pcraonnol, iricluding ,
officers was also provided. The references that were chocked by Me were satisfactory. The Contractor's
office is located in Lantana, Florida.
,Based upon the infonnation provided by the Bidder, this Cootractor iJ experienced with residential
neighborhood infrastn1cture type projects and appears to be capable of pcrfonning tho work.
Tbe Instructions to Bidders (page m-l0, Article 24. Basis for Bidding and Award. Item 24.4) of the
City',s Front-End states "1M City ruervu, the right to award the Contract for the -work described by
these speciftcaliOT13 hi ci manner or method which wUl produce the most cost benefit to the City. The low
monetary bid wiU NOT in all cases be awarded the Contract. The Contract, win be awarded by the City
--......-..---------..........-.--,,----.....".."..---."' ".-..--_.......... .._".._"...~_." -..-",.".".-,
~ MATHEWS
CONSULTING IHC,
Mr. Paul Fleming
January 12, 2009
Pagel ofl
to the most resp01l3ive, respo1l3ible Bidder whose bid reflects the most advanlOgeoUS bid to the City. price
and other faclors considered. "
. Based upon Mathews Consulting's review of the Bid Proposal's for the three (3) low Bidders, we feel that
the low Bidder (Master Excavators, Ine) does not meet the. project experience qualifications for this
project;, and tho infonnation supplied with their bid was incomplete. lben::fcn, we are recommending
award of tho Contract to GlobeTec Construction, Inc., baSed on being the most responsive, responsible
Bi4dcr in the amount of $3,489,346.60. Tho price difference between tb:e low Bidder (Mast<< Excavators,
Inc.) and the 2l1li low Bidder (GlobeTec Construction, Inc.) is $80,851.50. '
If you have any questions on tho enclosed, please' do not hesitate to call me at S6 1/4 7~-7961.
Sincerely,
. MATHEWS CONSULTING, INC.
~
David L. Mathews, P.E.
Vice President
E"c!osllTe
c: Chris ~k. BOynton Beach (w/cnc.losure) ,
Kam1 R.iscley, Boynton Beach (w/enclosure)
Aaron Cutler, Me (w/cnclosurc)
Me'File No. 1471
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Attachment A
Bid Evaluation - Due Diligence Form
Master Excavators, Inc.
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name : ROiling Green Stormwater & Water Main Improvement Project
Project Manager: Paul Fleming, PMP I Consultant: I Mathews Consulting, Inc.
Contractor: Master Excavators, Inc.
SECTION 1 - SELECTION CRITERIA
As required In the Instruction To Bidders. Section 26 SELECTION CRITERIA, blds are to be
evaluated based on the followina criteria (use continuation sheet if neoessarv):
No. Seaectlon Criteria' Notes & Comments
1 EXDerlence of the firm with similar Pf'Oiects.
The projects provided were for site work & utilitv Infrastructure for facilities such as Home
Depot, Sama Club, etc. No projects for residential neighborhood infrastructure projects
were crovlded in bid Dackaae.
2 Background and experience of the principal members of the personnel, including officers.
Information was not Included In bid package.
3 Bondina capacity. Compare current Drolect values against stated bonding capacity.
15 Million Dollars. Current contracts on hand not provided In bid packaae.
i
4 Evidence of possession of required licenses or business pennlts.
Yes
5 Experience in P8normance.
Information provided, however project experience is not represented of similar types of
work (e.g. residential Infrastructure)
6 Contracts on hand.
Not provided In bid package.
7 Largest completed projects.
LoweslTarget - $11.7 M; Walmart. $14 M; Walmart. $5.8 M
8 Review of references (use pa~ 2 of this form).
Refer to Page 2
I
9 Consideration of past lawsuits or arbitrations to which the firm has been a party. !
Bidder stated "N/A" for this item. -""'!
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10 Price. I
$3,408.495.10 (Low Bidder) I
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17 bids were received and the bid prices ranged from $3,408,495.10 to $5,807,931.55. !
The averaae bid price was $4 340 790.64.
Page 1 of2
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SEcnON 2 - REFERENCE VERIFICATION
Company Name: Moses & Assoc. Project Name: Downtown Dadeland
Contact Person ;. Johan Project Value: $1.8 Million
Telephone No.: 786-888-5453 Completion Not Final
Date:
1 Have they performed the work satisfactory as It pertains to meeting Yes 181 'No D
budaet?
2 Have they performed the work satlsfactory 8S it pertains to meeting Yes~ NoD
deadlines and milestones?
3 Have they performed the work satisfactory a8 it pertains to availability of Ye8~ NoD
staff and DrinciD8ls?
4 Have they performed the work satisfactory 88 It pertains to responsiveness Yes 181 No 0
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to qualltv of work? Yes~ NoD
6 Were there any Field Change Directives I Change Orders on this project? Yes jgI No 0
If vea. eXl)laln the circumstances in the Comments I Remarks section.
7 Were there any -disputed- cfalms from this contractor for this project? If Yes 0 No I8l
ves exclsin the circllTlstances In the Comments I Remarks section.
8 How has the closeout process been with this contractor? Still Pending
9 Have there been any -warranty" claims? If so how has the contractors See Below
reSDOnse been?
10 What is your overall satisfaction with this contractor? See Below
Item No. Comments I Remarks
from above (use continuation sheet if necessarY)
6. Owner & County requested additional work.
9. Had to replace some concrete curbing. Contractor very responsive.
10. Very good, would use them again.
Bid Evaluation Performed By I Date: Aaron Cutler I January 6. 2009
Company I Organization: Mathews Consulting, Inc.
Page 2 <8> of2
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 - REFERENCE VERIFICATION
Company Name: CCI Project Name: Sam's Club, Port St. Lucie
Contact Person : Keith Ziegler Project Value: $4.9 Million
Telephone No.: 440-255-8000 Completion Jan. 2007
Date:
1 Have they performed the work satisfactory as it pertains to meeting Yes 181 No 0
budaet?
2 Have they perfonned the work satisfactory as it pertains to meeting Ye8~ No 0
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yes cgj No 0
staff and Drincicals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes 181 No 0
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes 181 No 0
6 Were there any Field Change Directives I Change Orders on this project? Yes cgj No 0
If yes, eXDlain the circumstances in the Comments I Remar1<a section.
7 Were there any "disputed" claims from th.ls contractor for this project? If Yes 0 No f8l
yes, explain the cll'Ctl'l1stances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? Good (See
Below)
9 Have there been any "warranty" claims? If so how has the contractors See Below
respanse been?
10 What Is your overall satisfaction with this contractor? See Below
Item No. Comments I Remarks
from above (use continuation sheet If necessary)
6. Only OWner initiated FeD.
8. Excellent, As-Bullts very good. i
9. Normal warranty Items, responded immediately. I
10. Very good. Just gave Company more work.
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Bid Evaluation Performed By I Date : Aaron Cutler I January 6, 2009
Company I Organization: Mathews Consulting, Inc.
Page 2 (b) of 2
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 - REFERENCE VERIFICATION
Company Name: City of Sebastian Project Name: Twin Ditches, Sebastian
Contact Person: Dave Fischer Project Value: $900,000
Telephone No.: 772-589-5490 Completion June 2007
Date:
1 Have they perfonned the work satisfactory as it pertains to meeting Yes 181 No 0
budget?
2 Have they perfonned the work satisfactory as it pertains to meeting Yes 0 No 181
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yes 181 No D
staff and DrinciDals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes 181 No 0
to Client demands and suggestions?
5 Have they oerfonned the work satlsfactOlY allt pertains to Quality of work? Yes D No r&1
6 Were there any Field Change Directives I Change Orders on this project? Yes 181 No 0
If Yes. eXDlain the circumstances in the Comments I Remarks section.
7 Were there any "disputed- claims from this ~ntractor for this project? If Yes 181 No 0
Yes. exDlain the circumstances in the Comments' Remarks section.
a How has the closeout process .been with this contractor? Slow
9 Have there been any "warranty- claims? If so how has the contractor's No
resDOnse been?
10 What Is your overall satisfaction with this contractor? No higher than
C arade
Item No. Comments I Remarks
from above (use continuation sheet If neoessarv)
1. Some issues, mostly OK.
5. Not the best (C grade)
6. Owner initiated '
7. Were resolved.
10. Mickey Sullivan great. Everybody else do not recommend.
Bid Evaluation Perfonned By I Date: Aaron Cutler I January'6, 2009
Company I Organization : Mathews Consulting, Inc.
Page 2 (c) of 2
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Attachment B
Bid Evaluation - Due Diligence Form
GlobeTec Construction, Inc.
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name: Roiling Green Stonnwater & Water Main Improvement project
Project Manager: Paul Fleming, PMP I Consultant : I Mathews Consulting, Inc.
Contractor: GJobetec Construction, LLC
SECnON 1 - SELECnON CRITERIA
As required in the Instruction To Bidders, Section 28 SELECTION CRITERIA, bids are to be
evaluated based on the following criteria (use continuation sheet If necessarv):
No. Setectlon Criteria I Notn & Comments
1 ExDerlenoe of the firm with similar projects.
Very good. Numerous similar project examples provided.
2 Background and experience of the principal members of the personnel, Including officers.
Very good.
3 Bonding capacity. Compare current project v8lues against stated bonding capacity.
In excess of $100 M. ClITent project values = $n,564,206. Bonding capacity is
available for this DfOjeat.
4 Evidence of possession of required licenses or business permits.
Ves
5 Experience in performance.
Very experienced In residential infrastructure type projects.
.6 Contracts on hand.
10 projects on hand totaling $n,654,206. 3 of the projects are over 80% complete.
7 Largest completed projects.
Lake Region Transmission Main - $14.8 M; Little Venice Advanced \NWT? - $110 M;
Melrose Manors Basin B - $5.8 M
8 Review of references (use page 2 of this form).
Refer to Page 2
9 Consideration of Dast lawsuits or arbitrations to which the firm has been a party.
Bidder stated "No lawsuits".
10 Price .
$3,489,346.60 {2M Low Bidder)
17 bids were received and the bid prices ranged from $3,408,495.10 to $5,807,931.55.
The averaae bid price was $4.340 790.64.
Page 1 of2
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 . REFERENCE VERIFICAnON
Company Name: Oakland Park Public works Project Name: Drainage & WM Improv.
Contact Person: John M. Perez Project Value: S889,eee.OO
Telephone No.: 954-630-4479 Completion 2006
Date:
1 Have they performed the work satisfactory as it pertains to meeting Yes!&1 No 0
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes 0 No 181
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yes 181 No 0
staff and orincioals?
4 Have they performed the work satisfactory as It pertains to responsiveness Yes 1&1 No 0
to Client demands and suggestions?
5 Have they performed the work satisfaCtory a8 it pertains to Quality of work? Yes f8I No 181
6 Were there any Field Change Directives I Change Orders on this project? Ves 1&1 No 0
If vea exDlaln the circumstances In the Comments I Remarks section.
7 Were there any -diSputed" claims from this contractor for this project? If Yesl8l No 0 i
ves. eXDlain the circumstances In the Comments I Remarks section.
8 How has the closeout process been with this contractor? Good
9 Have there been any -Warranty" claims? If so how has the contractor's Responsive I
resoonse been?
10 What is your overall satisfaction with this contractor? Fair
Item No. Comments I Remarks
from above (use continuation sheet If necessarY) ,
Contractor had difficulty meeting budget; required additional monitoring of the ;
1. Contract.
2. Schedule little off. .
4. Mostly.
5. Asphalt not good, WM good.
e. They issued several CO that were rejected.
7. Numerous, all unjustified.
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Bid Evaluation Performed By I Date : Aaron Cutler I January 6, 2009 I
i
Company I Organization: Mathews Consulting, Inc. !
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Page 2 (a) of 2
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 . REFERENCE VERIFICATION
Company Name: PBC Water Utilities Dept. Project Name: Lake Region Water
Transmission System
Contact Person : Joe Tanacredl, P.E. Project Value: $14,765,815
Telephone No.: 561-493-6088 Completion 2008
Date:
1 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD
budaet?
2 Have they performed the work satisfactory as It pertains to meeting Yes~ NoD
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes~ NoD
staff and DrinciDals?
4 Have they performed the work satisfactory as It pertains to responsiveness Yes 181 No D
to Client demands and auaaestions?
5 Have they performed the work satisfactory as It pertains to quality of work? Yes r8I No 0
6 Were there any Field Change Directives I Change Orders on this project? Yes r8I No D
If ves. exDlaln the circumstances in the Comments I Remarks section.
7 Were there any .dlsputed- claims from this contractor for this project? If Yes D No 181
ves eXDlain the cin::t.mstances In the Comments' Remarks section.
8 How has the closeout process been with this contractor? Good
9 Have there' been any .warranty" claims? If so how has the contractor's No
resDOnse been?
10 What is your overall satisfaction with this contractor? Very good
Item No. Comments I Remarks
from above (use continuation sheet if necessary)
6. Legitimate, owner initiated.
Bid Evaluation Perfonned By , Date: Aaron Cutler I January 6. 2009
Company I Organization : Mathews Consulting, Inc.
Page 2 (b) of 2
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 - REFERENCE VERlFICAnON
Company Name: City of Ft. Lauderdale Project Name: Melrose Manor SS Project
Contact Person : Paul BoUander Project Value: $5,824,444.00
Telephone No.: 954-522-2604 Ext. 15 Completion 2008/ 0""901n9
Date:
1 Have they performed the work satisfactory as It pertains to meeting Ye5~ No 0
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes 181 No 0
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yesl8l No 0
staff and Drlnclcals? ,
4 Have they performed the work satisfactory as It pertains to responsiveness Yes 181 No 0
to Client demands and suaaestions?
5 Have they performed the work sati as it pertains to auality of work? Yes~ NoD
6 Were there any Field Change Directives I Change Orders on this project? Yes 181 No 0
If ves. exolaln the circumstances In the Comments I Remarks section.
7 Were there any -disputed- c:Iairns from this contractor for this project? If Yes 0 No t81
yes exDlain the circumstances in the Comments I Remarks section.
a How has the closeout process been with this contractor? No problems
9 Have there been any .warranty- claims? If so how has the contractor's See Below
resoonse been?
10 What is your overall satisfaction with this contractor? 9 out of 1 0
-
Item No. I Comments I Remarks
from above (use continuation sheet if necessarY)
,
6. Owner initiated
9. Base material for road work had to be reworked. Contractor was immediately
r8Soonslve.
,
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Bid Evaluation Performed By I Date: Aaron Cutler I January 6, 2009
Company I Organization: Mathews Consulting, Inc.
Page 2 (c) of 2
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Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
. SECTION 2 - REFERENCE VERIFICATION
Company Name: Cocoa Utility Department Project Name: S. Mainland Trans Main
Contact Person: Ed Davis (CH2M HILL) Project Value: $17,284,500.00
Telephone No.: 407-423-0001 Ext. 314 Completion On-golng
Date:
..
1 Have they performed the work satisfactory as It pertains to meeting Yes 181 No 0
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes 181 No 0
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yesl8l No D
staff and DrlnciD81s?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes~ NoD
to Client demands and suaaeltlons?
5 Have they performed the work s8tisfactory as it pertains to qualitY of work? YeS~ NoD
6 Were there any Field Change Directives I Change Orders on this project? Yeal8l No 0
If ves. exDlaln the circumstances In the Comments I Remarks section.
7 Were there any -disputed- claims from this contractor for this project? If Yes 0 No r8I
vest exPlain the circumstances in the Comments I Remarks section.
B How has the closeout process been with this contractor? N1A
9 Have there been any "warranty" claims? If so how has the contractor's N/A
respOnse been?
10 What Is your overall satisfaction with this contractor? Very satisfied
. . ..
Item No~ Comments I Remarks
from above (use continuation sheet If necessarY)
2. UttJe behind schedule due to Hurricane Faye
6. Primarily Owner Initiated
Bid Evaluation Performed By I Date : Aaron Cutler I January 6, 2009
Company I Organization : Mathews Consulting, Inc.
Page 2 (d) of 2
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Attachment C
Bid Evaluation - Due Diligence Form
Johnson-Davis, Inc.
.
UtIlities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name: Roiling Green Stormwater & water Main Improvement Project
Project Manager: Paul Fleming, PMP I Consultant : I Mathews Consulting, Inc.
Contractor: Johnson-Davis, Inc.
SECnON 1 - SELECnON CRITERIA
As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA. bids are to be
evaluated based on the following criteria (UM continuation sheet If necessarv):
No. Selection Criteria I No_ & Comments
1 experience of the flrm with similar
Very good. However, theY are a Subcontractor on the majority of proiects
submitted and not a Prime.
2 Background and exoerience of the principal members of the personnel, including officers.
Very good.
3 Bondina capacity. Compare current nmlect values against stated bonding capacity.
$65 M. Current project values = $53,992,990.
Bonding capacity Is available for this Droject.
4 Evidence of possession of reQuired licenses or business permits.
Ves
5 Experience in performance.
Very good.
6 Contracts on hand.
35 projects on hand totaling $53,992,990.
7 Largest completed projects.
Ft. Lauderdale International Airport Task 1 - $3,455,530; S.R. 809 Military Trail -
$3,466,942; Lantana Road - $2,327,956
8 Review of references (use page 2 of this form).
Refer to Page 2
9 Consideration of past lawsuits or arbitrations to which the firm has been a party.
Bidder stated "None" for this Item.
10 Price.
$3,726,692.00 (3Fl1 Low Bidder).
17 bids were received and the bid prices ranged from $3,408,495.10 to $5,807.931.55.
The average bid Drlce was $4 340 790.64.
Page 1 of2
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SEcnON 2 - REFERENCE VERIFICATION
Company Name: City of Delray Beach Project Name: 4ltl St. Utilities
Contact Person: Rafael Ballestero Project Value: $300,000
Telephone No.: 561-243-7297 COmpletion 2007
Date:
1 Have they performed the work satisfactory aa it pertains to meeting Yes 18I No 0
budget?
2 Have they performed the work satisfactory as it pertains to meeting Yes [8J No 0
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yes 18I No 0
staff and Drincipala?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes [8J No 0
to Client demands and suaaestions?
5 Have they performed the work satisfactory aa it PE'rtains to quality of work? Yes [8J No 0
6 Were there any Field Change Directives I Change Orders on this project? Ves IZI No 0
If ves explain the circumstances in the Comments I Remarks section.
7 Were there any -disputed- ciaima from this contractor for this project? If Yes 0 No l8]
ves. eXDlain the circumstances in the Comments J Remarks section.
8 How has the closeout process been with this contractor? Good
9 Have there been any .warranty- claims? If so how has the contractor's No
respOnse been? ,
10 What is your overall satisfaction with this contractor? Very High
Item No. Comments I Remarks
from above (use continuation sheet If necessary)
6. Owner Initiated. Very reasonable prices.
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Bid Evaluation Performed By I Date: Aaron Cutler I January 6. 2009 I
Company I Organization: Mathews Consulting, Inc. I
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Page 2 (a) of 2
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-
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SECTION 2 - REFERENCE VERIFICATION
Company Name: Town of Manalapan Project Name: Water UtIlity Modification
Contact Person : Gregory Dunham Project Value : $1,500,000.00
Telephone No.: 561-586-2487 Completion Dec. 2008
Date:
1 Have they performed the work satisfactory a8 it pertains to meeting Yes [gI No 0
budget?
2 Have they performed the work satisfactory as It pertains to meeting Yes [gI No 0
deadlines and milestones?
3 Have they performed the work satisfactory as It pertains to availability of Yes cg:J No 0
staff and Drincioala?
4 Have they performed the work satisfactory as It pertains to responsiveness Yes~ No 0
to Client demands and suaaestions?
5 Have they performed the work satisfactory as It pertains to quality of work? Yes 181 No 0
6 Were there any Field Change Directives I Change Orders on this project? Yes 181 No 0
if ves eXDlain the circumstances In the Comments I Remarks section.
7 Were there any -disputed- claims from this contractor for this project? If Yea 0 No [gI
ves, explain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? Good
9 Have there been any -wBrrantt claims? If 10 how has the contractors No
reaDonse been?
10 What ia your overall satisfaction with this contractor? Very Good
Item No. Comments I Remarks
from above (use continuation sheet I necessary)
6. Owner Initiated FeD, none by Contractor.
Bid Evaluation Performed By I Date: Aaron Cutler I January 6, 2009
Company I Organization : Mathews Consulting, Inc.
Page 2 (b) of 2
.-----.---.--------.----- .-. .-------.-.- --..~.._._.._- . ---_......
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
SEcnON 2 . REFERENCE VERIFICAnON
Company Name: Ft. Pierce Utility Authority Project Name: (A 1A) Ocean Lane Phase
III
Contact Person: Tracey Tetley Project Value : $2,090,130.00
Telephone No.: 772-460-2200 Ext. 142 Completion On going
Date:
1 Have they performed the work satisfactory as it pertains to meeting YesD NoD
budget? NJA They are perfonnlna as aubcontractor.
2 Have they performed the work satisfactory as It pertains to meeting YesD NoD
deadlines and milestones? N/A They.... perfonnlna .. subcontractor.
3 Have they performed the work satisfactory as It pertains to availability of Yes I8l No 0
staff and DrinciDals '?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes~ NoD
to Client demands and suggestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes [8J No 0
6 Were there any Field Change Directives I Change Orders on this project? YeaD NoD
If Yes. exclain the circumstances In the Comments I Remarks section.
7 Were there any "disputed" claims from thl8 contractor for this project? If VesD NoD
yes. exclaln the circumstances In the Comments I Remar1al section. N1A
8 How has the closeout process been with this contractor? N/A
9 Have there been any "warranty" claims? If so how has the contractor's N/A
response been?
10 What is your overall satisfaction with this contractor? Good
Item No. Comments I Remarks
from above (use continuation sheet if necessary)
1. They are performing as a Sub Contractor, not Prime Contractor.
,
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Bid Evaluation Performed By I Date: Aaron Cutler I January 6, 2009
Company I Organization : Mathews Consulting, Inc.
Page 2 (c) of 2
,
L- /7
CAROL ~AGER
GLOBETEC CONSTRUCTION, LLC IS THE SECON LOWEST, MOST RESPONSIVE, MOST RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
A1~D WHOSE BID IS IN THE BEST INTEREST OF THE CITY.
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS AKA SERVICES, INC. ASHPAL T CONSULTANTS, INC. B & B UNDERGROUND CONTRACTORS, INC.
13676 HAMLIN BLVD 880 N.W. FIRST AVENUE 6900 DWIGHT ROAD
WEST PALM BEACH, FL 33412 BOCA RATON, FL 33432 WEST PALM BEACH, FL 33411
PH: (561) 791-7561 PH: (561) 750-8596 PH: (561) 682-3310
FAX: (561) 791-7565 FAX:(561) 368-5797 FAX: (561) 682-3304
CONTACT: JOSEPHINE BASILE CONTACT: CHRIS BACZEWSKI CONTACT: A. O'NEAL BATES
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,878,717.00 $4,225,991.00 $4,046,648.25
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/FIDELITY & DEPOSIT YESfTRA VELERS CASUALTY & YESIWESTFIELD
COMPANY OF MARYLAND SURETY COMPANY OF AMERICA INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
SHEET 1 ROLLING GREEN STORMWATER MAIN IMPROVEMENT PROJECT Page 1
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as of the above receiving date and time,
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS AKA SERVICES, INC. ASHPAL T CONSULTANTS, INC, B & B UNDERGROUND CONTRACTORS, INC,
13676 HAMLIN BLVD 880 N.W. FIRST AVENUE 6900 DWIGHT ROAD
WEST PALM BEACH, FL 33412 BOCA RATON, FL 33432 WEST PALM BEACH, FL 33411
PH: (561) 791-7561 PH: (561) 750-8596 PH: (561) 682-3310
FAX: (561) 791-7565 FAX:(561) 368-5797 FAX: (561) 682-3304
CONTACT: JOSEPHINE BASILE CONTACT: CHRIS BACZEWSKI CONTACT: A, O'NEAL BATES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
.---- ----- ,.-,-- '---.-.
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
,-,---,-~-,'-'--""""'-
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
-.-,- --.,,,..---...-....,,.--.--.,.. ..-," --...- --.....,...-" ..--.-.,-....-.."...- 1--""'- . ^- .-".,. -",.~._~--"-
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES
_.___._., _"_",.".,,~C'" ...'" L.,,,. ".0"_' ,~~"-----.----.~~, --
SHEE ROLLING GREEN STORMWAH 'IN IMPROVEMENT PROJECT '91'-'
BID: ROLLING GREEN STORMWA TER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any. are hereby rejected as late"
VENDORS CHAZ EQUIPMENT CO. INC. DANELLA UTILITY CONSTRUCTION, INC. FELIX ASSOCIATES, LLC
3180 FAIRLANE FARMS RD. STE 1 790 NE 48TH STREET 851 S.W. DARWIN BLVD.
WELLINGTON, FL 33414 POMPANO BEACH, FL 33064 PORT ST. LUCIE, FL 34953
PH: (561) 333-2109 PH: (954) 691-1720 PH: (772) 879-6510
FAX: (561) 333-2180 FAX: (954) 691-1719 FAX: (772) 879-7485
CONTACT: ROBERT H. WIGHT CONTACT: JOHN BASS CONTACT: VINCENT AMATO
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUMBITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $4,815,579.25 $5,287,173.30 $3,958,078.60
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YE$ YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/GREAT AMERICAN YES/SAFECO INSURANCE YES/ARCH INSURANCE
INSURANCE COMPANY COMPANY OF AMERICA COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
ROLLING GREEN STORMWATER AND MAIN IMPROVEMENT
SHEET 2 PROJECT Page 3
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as of the above receiving date and time,
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS CHAZ EQUIPMENT CO. INC, DANELLA UTILITY CONSTRUCTION, INC. FELIX ASSOCIATES, LLC
3180 FAIRLANE FARMS RD. STE 1 790 NE 48TH STREET 851 S.W. DARWIN BLVD.
WELLINGTON, FL 33414 POMPANO BEACH, FL 33064 PORT ST. LUCIE, FL 34953
PH: (561) 333-2109 PH: (954) 691-1720 PH: (772) 879-6510
FAX: (561) 333-2180 FAX: (954) 691-1719 FAX: (772) 879-7485
CONTACT: ROBERT H. WIGHT CONTACT: JOHN BASS CONTACT: VINCENT AMATO
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
." ...~...._-,-_..._"
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
---
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
, --~ - - .--,-----
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
- ~,..~~~_~_, _____u."_
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES
",_.__~."__..,,,_, .__.".._____..__._"._,..._L....--. - ----- -_.._,,--- -.-...-----.,,-., _.__.~--'~._- -----'.,.-.
ROLLING GREEN STORMWATr:R AND MAIN IMPROVEMENT
SHEE PF :T l~~~
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS FOSTER MARINE CONTRACTORS, INC. GLOBETEC CONSTRUCTION LLC GONZALES & SONS EQUIPMENT
7313 WEST PORT PLACE 4774 N. POWERLlNE RD. P.O. BOX 170840
WEST PALM BEACH, FL 33413 DEERFIELD BEACH, FL 33073 HIALEAH, Fl 33017
PH: (561) 623-0034 PH: (954) 590-3305 PH: (305) 822-5455
FAX (561) 683-0335 FAX:(954) 590-3307 FAX: (305) 882-1952
CONTACT: lARRY BRENNEN CONTACT: ANTONIO ASSENZA CONTACT: JUAN C. GONZALEZ
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUM BITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $4,140,447.75 $3,489,346.60 $6,305,945.70
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES NOT SUBMITTED
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/FIDELITY & DEPOSIT YESITRAVELERS CASUALTY YES/FIDELITY AND DEPOSIT
COMPANY OF MARYLAND AND SURETY COMP OF AMERICA COMPANY OF MARYLAND
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
SHEET 3 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 5
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time,
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS FOSTER MARINE CONTRACTORS, INC, GLOBETEC CONSTRUCTION LLC GONZALES & SONS EQUIPMENT
7313 WEST PORT PLACE 4774 N. POWERLlNE RD. P,O. BOX 170840
WEST PALM BEACH, FL 33413 DEERFIELD BEACH, FL 33073 HIALEAH, FL 33017
PH: (561) 623-0034 PH: (954) 590-3305 PH: (305) 822-5455
FAX (561) 683-0335 FAX:(954) 590-3307 FAX: (305) 882-1952
CONTACT: LARRY BRENNEN CONTACT: ANTONIO ASSENZA CONTACT: JUAN C, GONZALEZ
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
,..,...-
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES .,-
CONFIRMATION OF MINORITY OWNED I
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES! HISPANIC FL REGIONAL I
MINORITY OWNED BUSINESS MINORITY OWEND BUSINESS MINORITY BUSINESS COUNCIL
-^"~.._".. --
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES
YES
,. .-....-..... ' ,,_. ,-,-
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES
--- -- --- --,--- "."-'--'--'-'"'-''-''.=,''' ~. -
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES i
i
-.'.. .,.- -,.~",_..__..-' . "'---' -.----..- -"',-----.- e'" u_,~. ~__.__.__.__,.._.__ - ."., "... .". ....." ,---., , 1
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES I
I
~-~-_.~._--,,-~._,._,.- _",_.~,~__,_'_'_"_.___,._. 'J.. .~.,..._o__m ~....__,__ _~r".< ... ~__.",__._.. ___"~~~~v~'"__"'~_~ . ."..--..--'..'-.... ." .."..'--' -,
SHE' I~OLlING (3REEN STORMWATER ANI ITER MAIN IMPROVEMENT PROJECl ,''J ;'
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS INTERCOUNTY ENGINEERING, INC. JOHNSON-DAVIS INC. MAN-CON INC.
1925 N. W. 18TH STREET 604 HILLBRATH DRIVE 3460 S.W. 11TH STREET
POMPANO BEACH, FL 33069 LANTANA, FL 33462 DEERFIELD BEACH, FL 33442
PH: (954) 972-9800 PH: (561) 588-1170 PH: (954) 427-0230
FAX: (954) 974-0042 FAX: (561) 585-5252 FAX: (954) 427-8133
CONTACT: MAURICE A. HYNES CONTACT: SCOTT J. JACKSON CONTACT: GUY A. MANCINI
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUM BITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED NO YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $5,005,098.00 $3,726,692.00 $3,920,673.85
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/DEVELOPERS YES/SAFECO INSURANCE YES/.THE HANOVER
SURETY AND INDEMNITY COMPANY OF AMERICA INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
SHEET 4 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 7
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as ofthe above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any. are hereby rejected as late"
---- ,--,,--
VENDORS INTERCOUNTY ENGINEERING, INC. JOHNSON-DAVIS INC. MAN-CON INC.
1925 N.W. 18TH STREET 604 HILLBRATH DRIVE 3460 S.W. 11TH STREET
POMPANO BEACH, FL 33069 LANTANA, FL 33462 DEERFIELD BEACH, FL 33442
PH: (954) 972-9800 PH: (561) 588-1170 PH: (954) 427-0230
FAX: (954) 974-0042 FAX: (561) 585-5252 FAX: (954) 427-8133
CONTACT: MAURICE A HYNES CONTACT: SCOTT J. JACKSON CONTACT: GUY A MANCINI
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
'u_'_"'~"_
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A ~
....._____ MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS ..__ .... MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES I
TRENCH SAFETY AFFADAVIT __"U "1
SUBMITTED . ""_____ _____ YES YES___-=E~,__b_""u___u.J
SAFETY PROGRAM COMPLIANCE I
SUBMITTED YES YES YES I
SCHEDULE OF SUBCONTRACTORS .. .u._f--.. ---'-- --,.----..-.--.--. i
SUBMITTED YES YES YES!
i
____.___..,..,..... .". ..__ __ _.._ L-,... ._. ....._._.._,,__.___.... ..___ ___...._ u ..... ;
SHE ROLLING GREEN STORMWATER ANi \fER MAIN IMPROVEMENT PROJECT ~::I'
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS MASTER EXCAVATORS, INC. RIC-MAN CONSTRUCITON, INC. OCEAN BAY CONSTRUCTION INC.
9950 S.W. 168 TERRACE 3100 S.W. 15TH STREET 2200 N.W. 16TH ST.
MIAMI, FL 33157 DEERFIELD BEACH, FL 33442 POMPANO BEACH, FL 33069
PH: (305) 238-0119 PH: (954) 426-1221 PH: (954) 960-0130
FAX: (305) 251-8301 FAX: (954) 426-1226 FAX: (954) 960-3312
CONTACT: BERNARD FEEL Y CONTACT: DANIEL MANCINI CONTACT: RONALD E PENTA
ADDENDUM #2 SUBMITTED
YES YES YES
ADDENDUM #1 SUM BITTED
YES YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES NO YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,408,495.10 $4,439.859.29 $5,084,656.69
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES YES
SITE INSPECTION FORM SUBMITTED
YES YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES YES
BID BOND SUBMITTED YES/DEVELOPERS SURETY YESIWESTERN YESfTRAVELERS CASUAL TV
AND INDEMNITY COMPANY SURETY COMPANY AND SURETY COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES YES
SHEET 5 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 9
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS MASTER EXCAVATORS, INC. RIC-MAN CONSTRUCITON, INC. OCEAN BAY CONSTRUCTION INC,
9950 S.W. 168 TERRACE 3100 S.W. 15TH STREET 2200 N.W. 16TH ST.
MIAMI, FL 33157 DEERFIELD BEACH, FL 33442 POMPANO BEACH, FL 33069
PH: (305) 238-0119 PH: (954) 426-1221 PH: (954) 960-0130
FAX: (305) 251-8301 FAX: (954) 426-1226 FAX: (954) 960-3312
CO NT ACT: BERNARD FEEL Y CONTACT: DANIEL MANCINI CONTACT: RONALD E. PENT A
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
-.... ,._-~
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
. ,,-~."_.'~'- ,. .~.
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
,-_....~.- ~--_._"..._, ,.-
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES YES i
-- --- '--- -- ">'~._'_ ____.,.__._'"'._~"r ,." _'_"~U'
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES ,
---..- -." _.__"'_~~____.__..+ ._.C.< .- -..----.----.-'."-.- '"~--"..---''''' _.n..._.""'.__.____~.".. <_"._____.~ 1
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES YES
!
~._--~"_._----,-_.- ._,,~".. .--...-..-",.". '_'_.'H'_ _'_ .l
SHEE ROLLING GREEN S j ORMWATER AN[ TER MAIN IMPROVEMENT PROJECT
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
VENDORS PALM BEACH GRADING, INC. SHEL TRA & SON CONSTRUCTION CO. INC.
1250 GATEWAY ROAD P.O. BOX 336
LAKE PARK, FL 33403 INDIANTOWN, FL 34956
PH: (561) 842-9551 PH: (772) 597-3180
FAX: (561) 842-9824 FAX: (772) 597-4213
CONTACT: LARRY MANNING CONTACT: RICKY SHEL TRA
ADDENDUM #2 SUBMITTED
YES YES
ADDENDUM #1 SUMBITTED
YES YES
BIDDER ACKNOWLDEGEMENT
SUBMITTED YES YES
TOTAL BID PROPOSAL
(From Page BP-5) $3,989,899.60 $4,067,657.25
ORIGINAL AND THREE COPIES OF
BID SUBMITTED YES YES
HORIZONTAL BAR CHART SUBMITTED
YES YES
SITE INSPECTION FORM SUBMITTED
YES YES
EVIDENCE OF REQUIRED LICENSES
AND/OR BUSINESS PERMITS SUBMITTED YES YES
BID BOND SUBMITTED YESIWESTERN YES/GREAT AMERICAN
SURETY COMPANY INSURANCE COMPANY
STATEMENT OF BIDDERS
QUALIFICATIONS SUBMITTED YES YES
SHEET 6 ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT Page 11
BID: ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: DEC. 18,2008 received timely as of the above receiving date and time,
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 018-2821-09/JA if any, are hereby rejected as late"
"'-._.--,-
VENDORS PALM BEACH GRADING, INC. SHEL TRA & SON CONSTRUCTION CO. INC.
1250 GATEWAY ROAD P.O. BOX 336
LAKE PARK, FL 33403 INDIANTOWN, FL 34956
PH: (561) 842-9551 PH: (772) 597-3180
FAX: (561) 842-9824 FAX: (772) 597-4213
CONTACT: LARRY MANNING CONTACT: RICKY SHEL TRA
NON COLLUSION AFFIDAVIT SUBMITTED
YES YES
._--._-
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES
'.. _..__.".~ ~----~-- ..-
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
~. _____"_._.__,. n '-""-'-
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES
.----~,-- -,,-'" --~ ,'. -~ .._~-_.._.- - - c. "'I
TRENCH SAFETY AFFADAVIT
SUBMITTED YES YES ~
-.-.-.--- _'_.___""""'m'~
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES I
-....,- ,------- .,,---.: -- '-"-"'- -" I
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES YES/NA
,
->-----~~-_._-"..~... " ._..".,,_'-,0'''_'' , - .~~-,- ___.'" '0" .,._0" j
SHEf l-{ULUNG GREEN STORMWATER AN[ ,TER MAIN IMPROVEMENT PROJECT Jr
City of Boynton Beach
Roiling G....n Stormwater and Water Main Improvement Project
Bidding Con8tructlon Cost Opinion (Aug. 2008) EnalneeN e.tIm..
ITEM DESCRIPTION OF BID ITEM QUAM. UNIT COST TOTAL
MobIIlzationIDemobIllzatlon. Bonds. Maintenance of TraftIc, Insurance and General
1 RequAmenIa. Contractor Ih8II be 1lmll8d to . mulmum of eight percent (8%) of the subtotal bid 1 LS ~,ooo.oo $ 458,000.00
IDrice.
Provide NatIonal Pollutant Dlscherge Elimination System Pennlt (NPOES) ~d dewatering permit $85,000.00 $ 85,000.00
from appIlc:ab1e agencies. Ccntnlc:tor shall be rlmlted to a mexlmum of one (1.5%) of subtotal 1 LS
2 bid Price.
Fuml8h end 1na1:811 8-1nc:h DuctIle Iron Pipe Water Meln lncluclng d Fitting., Thrust Blocka,
Restraining Joinls. A'I Re1e8ee AaIembIIea, Conflict 8tnJcbna. SIte ReItoratIon, Dlalnfecllon, 314 LF $50.00 $ 15,700.00
Temporery S8mpIIng Points, and Appu1enanceI needed to deliver I functioning water
3 dllltributlon systam.
Fumllh ancIlnatall8-1nch Ductile Iron Pipe Water MBin including all FIttIngs, Thrust BIocka,
Rwtraining JoInIs, Air Re1e8ee A8eemb11e8, Conftlct Struc:ture8, SIte RelItoration , DIsInfection, 26,534 LF $60.00 $ 1,592,040.00
Temporary Sampling Points, and Appul't8n8nC8s needed 10 deliver a functioning water
4 dIetrlbution 8Y8t8m.
FurniIh and InatBII Fire HydrMt Auemb11e8 on proposed Wl1ter main, Indudlng tee. valve and 38 EA $3,200.00 $ 121,800.00
5
Remove 8Xl8ting Fire Hydrant AaembliM on propoted water mlln, Including tee, valve and 19 EA $1,000.00 $ 19,000.00
6 appurtenances.
Fuml8h and Instill 1 0" x 8- Tepplng Saddle A88embly, Including valve, appurtenances and d 5 EA $5,000.00 $ 25,000.00
7 site reeIDratIon.
Fumllh end inst8111 0" x 6" Tapping SadcIe AaembIy, Including valve, appurtenances and aI 2 EA $4.500.00 $ 9.000.00
8 lite ntIIIX8tiOn.
FumIth ancllnalall8- x 8" Tapping Saddle Assembly. including valve, appurtenance6 and all sII8 2 EA $3,000.00 $ 6.000.00
9 1eIlofatIon.
FumIIh and 1nat8116" x 6" Tapping Saddle A8eembly, Including valve, appurtenances and all site 3 EA $2,500.00 $ 7.500.00
10 AIIIoration.
Fumllh and inatall4- x 4- Tapping Saddle A8eemb1y. including valve, appurtenances and all lite 2 EA $1.500.00 $ 3,000.00
11 reIlOration.
12 Fumllh 8-Inch aRtA valve & 81 EA $1 600.00 $ 121.500.00
13 Fumllh 6-k1dt ftIIta valve & 8 EA $1,200.00 $ 9.800.00
14 Fumilh and inatllll all aamDl/na DOlntllncludIna all .. EA $2 000.00 $ 8,000.00
FumiIh and inslall5l8- x 1. water service including aeddIe, corporation atop & curb stop, 218 EA $1.000.00 $ 218,000.00
15 includlna at aoaurtenallC88.
Fumllh and InIJt8H 1-1/2" water service including adele. corponrtIon stop & curb stop,lncIudlng 167 EA $1,400.00 $ 219.800.00
18 Bla
Fumllh and instaU 2" water service including saddle, corporetIon stop & curb stop, Including all 1 EA $2.000.00 $ 2,000.00
17 eppur1enanCe8.
18 Fumleh and Install 1. poly for a1ngle aervice8 (short 8Ide) 1.805 LF $5.00 $ 9.028.00
1 MATHEWS CONSULTING
City of Boynton Beach
Rolling G....n Stonnwater and Water Main Improvement Project
Bidding Cons1ruction Cost Opinion (Aug. 2008)
Enal..... Wma
ITEM DESCRIPTION OF BID ITEM QUAN. UNIT COST TOTAL
19 1 n (long tkle) 4,285 LF 110.00 $ 42.850.00
20 and Inabdl1-1/Z' pc y for double services (short aide) 1 LF $8.00 $ 7--.00
21 FumIIh and 1n118111-112" DCI v b double aervIcea (long aide) 2.8S4 LF $12.00 $ 34.248.00
22 Fumi8h 8Ild in8t8D r DOIv for cbAbIe Mf\/Ic8I (Ihort eide) 14 LF $14.00 $ 198.00
23 Furnish end 1ne1811 PVC pe for water MrVIce 3.800 LF $10.00 $ 57.000.00
24 ~ Y..-d Wilier ServIcea ICIlv FumIahM' 137 EA 10.00 s -
25 Ab8ndon i 8-lnch lI8besQ cement Il'De ulin bIe fill. 1414 LF $8.00 $ 8.484.00
26 Ab8ndon i 8-inch 8Ibeatoa cement Il DAU bIe flU. 13.538 LF 15.00 S 67.680.00
27 Ab8ndcn I 4-Inch 8Ibe8toI cement II DeU ftowable flU. 5.848 LF $4.00 S 22.-'00
28 AbIndon In-obICe existlna 3-Inch IIlbeItoI cement bit fiU. 998 IF $4.00 S 3992.00
29 4- thick conc:reIII8id8w8Ik and~ (4'wid8 1.523 LF $18.00 S 27 ~1".oo
30 "'-1hIc:k conc:I1IIlt 8IdewIIk and I1IIIDratlan (tv wide 1.234 LF $15.00 $ 18.510.00
Concrete dIMway apron J'8fllOV8IIrepl ThIa bid Item shall aI80 include the resfDratIon 15.661 Sy $40.00 $ 626..wo.oo
31 end of 8116" lhlck concrete 8Id8waIkI at the riaht-of-way.
FLnlish. milia IMtd 1. aaphIItowr1ayto the exlentand Iocationa shown 00 the plans.
Ovet1ay sh811 be 1- Type 8-/11 Mflh8ItIc COIlCrBte. This bid Item &h8IllncIude the repIaoement 57.535 Sy $12.00 $ 690,420.00
and restoratJon of all retIectIve pavement mar1te1'8 (RPM'a) III'1d aU temporary and permanent
32 pawment martdngs.
FIMl'llth. miD and install asphalt overtIulId to the extent and Ioc:atIona shown on the plana.
OveIbulld shell be Type S-1II8$phaltlc COIlCIlIbJ. This bid item ahalllnclude the repIaoement and 5.323 SY $22.00 $ 111.106.00
rwtondIon of all refIedlve pllV8ment martera (RPM'e) and an ternponIty and permanent
33 pavemn nwkinaa.
Fumllh end i1lllall24- HOPE ExftItratIon Trenches Including fittings. pollutant retardn bafftes.
conflict atruturea. restoration (lnc;ludlng aW8Ie 1II1IU. drlvewaya, aIdewIIlks and requk'ed
pavement restaratIon), trench shoring and appurtenances aaaocIIIted with the exftIratlon trench 3.117 LF $130.00 $ 405.210.00
to deliver B functioning stormwater syatem. Note: All HOPE pipe shall be Included as part of this
34 bid item.
35 Open cut asphalt restoration 5596 LF $35.00 $ 195.860.00
SwaIe restoration for areas highlighted on the construction plan.. This shall Include aodding of
swale ... with either F\cratam or Bahia sod as required and l"ll8tonItion of the existing 35.359 LF $15.00 $ 530.385.00
36 ems.
37 FumIIh end InIIalI FOOT TVDe "E- inlet:a inclucllna aI arates and 8JlI)Urt8nanC88. 26 EA -13.500.00 $ 91.000.00
38 Furnish and install FOOT TVDe "C. Inlets includinG all al1ltes and IPODurterumes. 25 EA $3 000.00 $ 75.000.00
39 AdIuat Stonnwater Catch Baains 51 EA $500.00 $ 25.500.00
40 AdjUstment of UtIlity Valve 8oxeslManhole Covers to match proposed grade for Paving Overlay. 26 EA $350.00 $ 9,100.00
41 Sanitary Sewer Riaer RIng Adjustments. 10 EA ~.oo $ 5,000.00
2 MATHEWS CONSULTING
City of Boynton Beach
Rolling G....n Stonnwater and Water Main Improvement Project
Bidding Construction Cost Opinion (Aug. 2008) Enalneera EstImatll
ITEM DESCRIPTION OF BID ITEM QUAN. UNIT COST TOTAL
Q Trench Safety for OSHA comDliance. 1 LS $20,000.00 $ 20 000.00
43 Al-Bult ReconI DrawIngs. 1 LS $20000.00 IS 20 000.00
44 Indemnlfic8tion. 1 LS $10.00 $ 10.00
SUbtotal $ B.02lMO.ClO
IEnalneert 10%) $ 102,.....00
IGrand Total $ 8.832A08.GO
Note: Since the Engineer has no control over the cost of labor. materials, equipment or services fumlshed by others,
or over the Contractor's methods of determining prices. or over competitive bidding or market conditions,
Engineer's opinion's of probable Construction Cost provided herein are to be made on the basis of Engineer's
experience and qualifications and represent Engineer's best judgement as an experienced and qualified
Engineer familiar with the construetion industry; but Engineer cannot and does not guarantee that proposals.
bids or actual Total Project or Construction Costs win not vary from opinions of probable construction cost
prepared by Engineer.
I
,
3 MATHEWS CONSULTING
VI.-CONSENT AGENDA
ITEM B.3
EXHIBIT 1
GARY B. GOLDMAN
Attorney at lAw
Admitted to Practice in Florida and Texas
ADDITIONAL INFORMATION
17071 West Dixie Highway, Suite b
North Miami Beach. Florida 33160
Telephone (305) 354-2126
Telefax (305) 354-2162
Hand Delivery
January 30, 2009
Procurement Services Division
City of Boynton Beach
100 E. Bnynton Beach Blvd.
Boynton Beach, FL 33425-03\0
Re: Master Excavators, Inc. Bid Protest
Rolling Green Storm Water and Water Main Improvement Project
Gentlemen:
I represent Master Excavators, Inc. who was the publicly announced low bidder on the
above reterenced city project. My client has learned that a resolution for the award of the
contract to OlobeTec Construction, LLC. has been placed on the city commission agenda
for February 3, 2009. My client protests the award of the contract to GlobeTec
Construction, LLC.
The city agenda item states, "As a result of the detailed Bid Evaluation-Due Diligence
performed on the three lowest bidders, it was determined that the lowest bidder, Master
Excavators, Inc. did not meet the project experience qualifications and their bid was less
complete."
First, there were no specific experience "qualifications" or requirements set forth in the
city's instructions to bidders. In pqint offac~, Master Excavators, Inc. has been a licensee!
site engineering and utilities contractor for 24 years whose operations have been overseen
by the same principal and qualifier, Bernard Feely. It has performed over the years in
South Florida countless' similar projects, in size, complexity and cost. In contrast,
OlobeTec Constuction, LLC: was formed barely five (5) years ago. I have enclosed the
corporate records from the Florida Secretary of State for your review. .
Second, and of equal concern, is that arbitrary and capricious experience requirements
were improperly used as criteria by the city's consultant, David Matthews. In a December
22, 2008, email to my client, he requested .....3 detailed project descriptions for
neighborhood infrastructure improvements (water/drainage/roadway) that your firm has
completed in Palm Beach County in the last 5 years..." Whether or not my client has
performed similar work in Palm Beach County is irrelevant and an arbitrary and
capricious requirement, and displays an illegal and unenforceable preference for LocaL
contractors.
Lastly, as to the statement that its bid "was less complete", the statement is so general and
devoid of specifics as to make a response impossible. Perhaps, had the city's utilities
department and Mr. Matthews conducted the same pre-award meeting with my client as it
did with GlobeTec "... to review the detailed requirements of the City's bid documents,
technical specifications and project construction drawings," any additional information
needed could have been provided. Accordingly, I request that this matter be reviewed
according to the procedure set forth in the city's administrative policy manual.
J~
Gary B. Goldman
GBG/Ig
Ene!.
CC: Shana H. Bridgeman
Attorney at Law
Ooren, Cherof, Doody, & Ezral, P.A.
3099 East Commercial Blvd., #200
Ft. Lauderdale, FL 33308
2
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DEERFIELD BEACH FL 33073
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12TH FLOOR
CORAL GABLES FL 33134
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TALLAHASSEE FL 32301-2525 us
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800 DOUGLAS RD.
CORAL GLABLES FL 33134
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MONICO, KAREN
4774 N POWERLlNE RD
DEERFIElD BEACH Fl33073
Title MGRP
ASSENZA, ANTONIO
4774 N POWERLlNE RD
DEERFIElO BEACH Fl33073
Title VP
FONTE. JORGE
4774 N POWERLlNE RD
DEERFIELD BEACH FL 33073
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EXHIBIT 2
CITY OF BOYNTON BEACH, FLORID.l
ADMINISTRATIVE POLICY MANUAL
CHAPTER: 10
Purchasing
Policy No. 10.14.01
SECTION: 14 Appeals and Remedies
Page: 1 of 3
SUBJECT: 01
Bid Protests
PURPOSE:
To establish a procedure for a prospective bidder to protest a bid against the City.
POLICY:
Bid Protest any actual or prospective bidder, offeror, or contractor who is aggrieved in
connection with solicitation or award of contract may protest in writing to the Purchasing
Agent. Protesters shall file their written protests with the Purchasing Agent during
normal business hours. Protests shall specifically describe the subject matter and facts
giving rise to the protest. Protests shall be deemed effective on the date they are
received by the Purchasing Agent. The Purchasing Agent shall immediately deliver the
bid protest to the City Attorney with a memorandum setting forth the facts and
circumstances surrounding the protest. The, deadlines for filing bid protests are as
follows:
1. If the protest relates to an invitation for bid or request for proposal, the protest
shall be received prior to the bid submittal deadline date.
2. If the protest relates to any other matter relating to the bid, including, but not
limited to, contract award, the protest must be received no later than seven (7)
regular business days after the date of notification of bid award by the
Purchasing Agent.
Decision:
If the protest is not resolved by mutual agreement, the City Attorney, upon consultation
with the Purchasing Agent, shall make a recommendation to the City Manager who
shall issue a decision in writing, or direct the City Attorney to render a decision in writing
to the protesting bidder, offeror, or contractor. The City Manager shall have the
authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor,
actual or prospective, concerning the solicitation or award of a contract. The decision
shall:
1. State the reasons for the action taken; and
2. Inform the protestor of its right to appeal as provided in this part.
. Policy No. 10.14.01 - Appeals and Remedies
Page: 2 of 3
Notice of Decision:
A copy of the decision under this section shall be mailed or otherwise furnished to the
protestor and any other party intervening.
Finality of Decision:
A decision of the City Manager under this section shall be final and conclusive unless
the protestor files a written appeal with the City Commission within three business days
of the City Manager's decision. The City Commission within thirty (30) days of the City
Manager's response shall consider the protest.
Failure to Follow Procedure:
A protestor's failure to follow the protest procedure set forth herein shall render void any
protest or claim brought by an aggrieved bidder, offeror, or contractor.
Remedies for Solicitations or Awards in Violation of Law:
Prior to bid openina or closina date of receipt of proposals:
If prior to the bid opening or the closing date for receipt of proposals, the
Purchasing Agent, after consultation with the City Attorney, determines that a
solicitation is in violation of federal, state, or municipal law or ordinance, then the
solicitation shall be canceled or revised to comply with applicable law.
Prior to Award:
If after bid opening or the closing date for receipt of proposals, but prior to the
award of contract, the Purchasing Agent, after consultation with the City
Attorney, determines that a solicitation or a proposed award of a contract is in
violation of federal, state, or municipal law, or ordinance, then the solicitation or
proposal award shall be canceled.
After Award:
If, after an award, the Purchasing Division, after consultation with the City
Attorney, determines that a solicitation or award of a contract was in violation of
applicable law or ordinance, then:
1. If the person awarded the contract has not acted fraudulently or in bad faith:
a. The contract may be ratified and affirmed, provided it is determined that
doing so is in the best interest of the City; or
Policy No. 10.14.01 -Appeals and Remedies
Page: 3 of 3
b. The contract may be terminated and the person awarded the contract
shall be compensated for the actual costs reasonably incurred under the
contract, plus a reasonable profit, but excluding attorney's fees, prior to
the termination; or
2. If the person awarded the contract has acted fraudulently or in bad faith the
contract may be declared null and void, if such action is in the best interests of
the City.
DEVELOPED BY: Purchasing Division
EFFECTIVE DATE: February 1, 1998
Kerry Willis
City Manager
EXHIBIT 3
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
Kurt Bressner, City Manager
FROM:
James A. Cherof, City Attorney
f1~e
Shana H. Bridgeman, Assistant City Attorney ~
DATE:
March 4, 2009
RE:
Rolling Green Storm Water Improvement Project / Bid Protest filed by Master
Excavators
Pursuant to Boynton Beach Administrative Policy 10.14.01, the City Attorney's Office has
evaluated the attached Bid Protest filed by Master Excavators on January 30, 2009. As City
Attorney, it is my recommendation that the protest be denied.
On December 18, 2008, seventeen (17) bids were received for the Rolling Green Storm Water
and Water Main Improvement Project. Following an initial review of the bids, the Utilities
Department determined that the cost of fourteen (14) of the 17 bids was too high to be
advantageous to the City, and decided to focus on the three (3) lowest bidders. The lowest
bidder was Master Excavators, Inc. at $3,408,495.10; the second low bidder was GlobeTec
Construction LLC at $3,489,346.60; and the third low bidder was Johnson Davis Inc., at
$3,726,692.00.
Using the ten Selection Criteria specified in Section 26 of the Instruction to Bidders, the City's
consultant, Matthews Consulting, conducted a documented bid evaluation of the three lowest
bidders and made a recommendation that the award of the contract be made to GlobeTec
Construction LLC. In particular, Mathews Consulting noted that Master Excavator's bid
documents were incomplete when they were submitted to the City. Thus, the consultant's ability
to evaluate Master Excavators was limited. The Utilities Department prepared a City of Boynton
Beach Agenda Item Request Form (AIRF), requesting that the matter be placed on the February
3, 2009, City Commission Agenda and recommending that the Commission award the contract
to GlobeTec. Prior to the City Commission meeting, Master Excavators submitted a bid protest.
The bid protest letter was submitted on January 3, 2009 by attorney Gary B. Goldman, on behalf
of Master Excavators.
Pursuant to Administrative Policy Manual 10.14.01, and at Mr. Goldman's request, the City
agreed to have a bid protest meeting with Master Excavators. The bid protest meeting was held
February 24, 2009. Present at the meeting were Paul Fleming, Pete Mazzella, Dave Matthews
(City's Consultant), City Attorney James A. Cherof, Assistant City Attorney Shana H.
Bridgeman, Attorney for Master Excavators Gary Goldman, and Bernie Feely, owner of Master
Excavators. At the bid protest meeting, Master Excavators was given the opportunity to present
information which it believed made the bid process deficient. Mr. Goldman requested
clarification as to the phrase "less complete" as it was used in the AIRF to describe Master
- 1 -
Excavator's bid documents. Dave Matthews, the City's consultant, the provided an explanation
as to why Master Excavators bid was less complete.
Mr. Mathews explained that pursuant to the Instructions to Bidders, which all 17 bidders
received, Section 26, Selection Criteria, specifies that:
Each bidder shall complete a statement of bidder's qualifications which will be used as a source
of information in the selection process. The following factors will be considered to be
determined whether the bidder is a responsible bidder:
26.1.1 Experience of the firm with similar projects
26.1.2 Background and experience of principal members of the personnel including officers
26.1.3 Bonding capacity
26.1.4 Evidence of possession of required licenses or business permits
26.1.5 Experience in performance
26.1.6 Contracts on hand
26.1.7 Largest completed projects
26.1.8 Review of references
26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party
26.1.1 0 Price
Mr. Mathews then went through Master Excavators bid and pointed out all the areas in which the
bid was deficient. Master Excavators failed to submit information for selection criteria 26.1.1,
26.1.2, 26.1.3, and 26.1.6. Therefore, Mr. Mathews did not have information for 4 of the 10
required selection criteria and was unable to fully evaluate or compare Master Excavators to the
other bidders. By comparison, the second low bidder, GlobeTec Construction LLC, submitted
a complete bid application which provided responded to all 10 of the required selection criteria.
Based on the information that was provided, Mr. Mathews determined that GlobeTec was the
most responsive, responsible bidder from which the City should procure services.
At the bid protest meeting, neither Mr. Goldman nor Mr. Feely presented any information that
would show that the bid process, the bid opening, the bid evaluation, or the selection process was
deficient. The only comments Mr. Goldman and Mr. Feely presented at the bid protest meeting
were that they should be given the opportunity to provide supplemental information to answer
the 4 missing selection criteria and then have the City re-evaluate them based on such
supplemental information.
The City advised Master Excavators that no supplemental information would be accepted. The
bid deadline of December 18, 2008 is firm; all bid documentation must be submitted on or before
the bid deadline. Master Excavators was further informed that to permit them to supplement
their application in an attempt to cure their bid deficiencies would provide them with an unfair
advantage and an unfair opportunity that was not afforded to the other 16 bidders. Since Master
Excavators did not present any information to the City which would indicate a deficiency
in the bid procurement, evaluation, and selection process, it is my recommendation that the
bid protest filed by Master Excavators be denied.
S:\CA\Bid Protests\Bressner (Bid Protest by Master Excavators).doc
- 2 -
EXHIBIT 4
((7
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y
The City of Boynton Beach
OFFIOE OF THE OITY .MANAGER
100 E. BOYNTON BEAOH BOULEVARD
P.O. BOX 810
BOYNTON BEACH, FLORIDA 88425-0810
OITY MANAGER'S OFFICE: (561) 742-6010
FAX: (561) 742-6011
E-MAIL: BRESSNERK@C'I.BorNTON-
BEAOH.FL. US
WWJ.V.BOYNTON-BEACH.ORG
March 9, 2009
Mr. Bernard J. Feely, President
Master Excavators, Inc.
9950 SW 168TH Terrace
Miami, Florida 33157
Re: Bid Protest Rolling Green Stormwater and Water Main Improvement Project
Bid # 018-2821-09/JA
Dear Mr. Feely:
I am in receipt of your bid protest dated January 30, 2009. I have reviewed the information
you provided and the recommendation of the City Attorney. I have attached a copy of the
staff report concerning the review of the bid protest.
Pursuant to paragraph 2 ofthe City's Administrative Policy 10.14.01, Bid Protests (copy
attached), your protest is denied.
You have the right to appeal this decision to the City Commission. In the event you file an
appeal, you should deliver a letter to the City Clerk at the above address stating your
reasons for appeal, filed within 3 business days ofthe date of this letter.
Kurt Bressner
City Manager
Copy to:
Gary B. Goldman, Esquire
17071 W. Dixie Highway
North Miami Beach, FL 33160
Jim Cherof
Kofi Boateng
Peter Mazzella
Janet Prainito
AMERICA '8 GATEWAY TO THE GULF8TREAM
17071 We~Dixie Highway, Suite B
: North Miami Beach, Florida 33160
Telephone (305) 354-2126
Telefax (305) 354-2162
~r\ ~ :~~":~,~~:=;~;;;:;~;;;:~~~~,~:_.~~._... . '
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(:'ikJ~. ~.~ _. _._
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..,,.;,.,..;~
GARY B. GOLDMAN
Attorney at Law
Admitted to Practice in Florida and Texas
RECEiVED
MAR 13~
\
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. .--- ......
EXHIBIT 5
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Hand Deliverv
March 11,2009
Boynton Beach City Commission
C/O Boynton Beach City Clerk
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425:-0310
Re: Appeal of City Manager's Denial dated March 9, 2009
Master Excavators, Inc. Bid Protest
Rolling Green Storm Water and Water Main Improvement Project
Members of the Commission:
Master Excavators, Inc. (Master) was the publicly announced low bidder on the above
referenced project. Despite the fact that Master submitted the lowest bid, Master learned
that it was the declared intent of the city to award the contract to the next lowest bidder,
Globetech Construction, LLC. In response, Master on January 30, 2009, filed a bid
protest. This protest was denied by the City Manager on March 9, 2009. Master appeals
to the City Commission the denial of its bid protest by the City Manager.
In support of the City's position, the City Attorney found that Master failed to include in
its bid, information responsive to selection criteria set forth in sections 26.1.1, 26.1.2,
26.1.3 and 26.1.6 of the Instructions to Bidders. Master responds to his findings as
follows:
1) Seciton 26.1.1- Experience of the firm with similar projects.
Master disputes this finding. Master provided ample evidence of previous work
with similar projects. The installation of water lines is a basic service that has
been performed by Master for over 25 years.
2) Section 26.1.2- Background and experience of principal members of the
personnel including officers.
Mr. Bernard Feely, is and has been Master's sole principal and officer for over 25
years. He submitted a copy of his State of Florida Underground Utility License.
Mr. Feely offered to supplement his background and experience but this was
rejected by the City Attorney.
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3) Section 26.1.3- Bonding capacity.
Master submitted the required Bid Bond which adequately addressed this
criterion.
4) Section 26.1.6- Contracts on Hand.
The requirement to produce contracts on hand was noted in the bid documents by
an asterisk. Master's failure to include copies of its contracts on hand was an
oversight.
Master offered to provide additional information to the City's consultant but this request
was denied by the City Attorney based on his conclusion that it would offer an "... unfair
advantage and an unfair opportunity that was not afforded to the other 16 bidders." There
are several problems with this conclusion.
There is nothing in the City's ordinances or bid procedures that prohibit the
supplementation of information that is relevant to a determination of Master's
responsiveness and responsibility. In point of fact, under Section 13.1 of the Instructions
to Bidders, the City reserves the right to " ... waive technical errors, or to accept any bids
that are in part deemed as the most responsive, responsible bid.. ." Again, in Section 25.2,
the City expressly reserved the right to, "Waive any defect, irregularity or informality in
any bid or bidding procedure." The acceptance of supplemental information from Master
to establish its qualifications is implicitly authorized by Sections 13.1 and 25.2.
Accepting supplemental information would not provide "an unfair advantage and an
unfair opportunity" as Master was the lowest bidder. Master did not attempt to revise its
main bid or alter specifications, quantities or prices. It merely desired to provide
additional information so that a fair evaluation of its abilities and experience could be
had. The City's consultant, did in fact, during his evaluation process, request that Master
provide additional information concerning projects performed in Palm Beach County.
Had Master been permitted to provide the subject supplemental information, it would
have been found to be lowest responsive and responsible bidder. In light ofthe above and
foregoing, the denial by the City Attorney to allow Master to submit the information was
arbitrary and capricious. Master respectfully requests that the Boynton Beach City
Commission reverse the decision of the City Manager and award it the subject contract.
Sincerely,
GBG/lg
2
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 16, 2008 December], 2008 (Noon) 0
0 January 6, 2009 December ]5,2008 (Noon) 0
0 January 20, 2009 January 5, 2009 (Noon) lXI
0 February 3, 2009 January ]9,2009 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office
February] 7,2009 February 2, 2009 (Noon)
March 3, 2009 February 17,2009 (Noon)
March 17,2009
March 2, 2009 (Noon)
o
\0
March ]6,2009 (Noon)'"
fT1
CD
April 7,2009
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o
o
lXI
o
o
City Manager's Report
New Business
Legal
Unfinished Business
RECOMMENDATION: Renew the agreement between the City of Boynton Beach and Health Career Institute
(HCI), formally known as Advanced Technical and Education Consultants, Inc (A TEC).
EXPLANATION: Boynton Beach Fire Rescue has been a clinical training site for EMT and Paramedic students for
many years. This agreement formalizes a cooperative relationship between the City of Boynton Beach and Health
Career Institute (HCI). This agreement would allow HCI students ride with our crews to gain valuable clinical
experience treating patients.
PROGRAM IMP ACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and
Paramedic students. Teaching others helps to keep our personnel's own clinical skills at a high level.
FISCAL IMPACT: None
ALTERNATIVES: Do not enter an agreement with Health Career Institute, thus not allowing their students the
opportunity for a clinical ride-time experience with Boynton Beach Fire Rescue.
::f-
i_ : ~~.~
City Manager's Signature
A,:!nt to~ty Manage. (JI;,;L
~ty At;omey / Finance
~c:;Jsc~
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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1
2 RESOLUTION NO. R09- 050
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE CITY
7 MANAGER AND CITY CLERK TO EXECUTE AN
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND HEALTH CAREER INSTITUTE (HCI)
10 FOR A COOPERATIVE RELATIONSHIP TO USE
11 BONYOTN BEACH AS A CLINICAL TRAINING SITE;
12 AND PROVIDING FOR AN EFFECTIVE DATE.
13
14
15 WHEREAS, the Boynton Beach Fire Rescue has been a clinical training site for
16 EMT and Paramedic students for many years; and
17 WHEREAS, this Agreement allows HCI students to ride with Boynton Beach Fire
18 Rescue crews to gain valuable clinical experience treating patients; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
Each Whereas clause set forth above IS true and correct and
22 incorporated herein by this reference.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida does
24 hereby authorizes the City Manager and City Clerk to execute an Agreement between the
25 City of Boynton Beach and Health Career Institute, a copy of which is attached hereto as
26 Exhibit "A".
27
Section 3.
That this Resolution shall become effective immediately upon passage.
S:\CA \RESO\Agreements\HCI Agreement-Fire Rescue.doc
PASSED AND ADOPTED this _ day of March, 2009.
2
3
4
5
6
7
8
9
10
1 I
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
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
S:\CA\RESO\Agreements\HCI Agreement-Fire Rescue.doc
CI
HEALTH CAREER IN8TITUTE
Health Career Institute
(561) 586-0121 Office
(561) 586-7616 Fax
AGREEMENT
This Agreement, made and entered into on this _ by Health Career Institute and between
City of Boynton Beach on behalf of its Fire Rescue department
hereinafter referred to as "FIRE RESCUE", and Health Career Institute 1926 10th Ave N. Suite
106 Lake Worth, Florida 33461 a public corporation under the laws of the State of Florida,
hereinafter referred to as "SCHOOL".
Whereas, the parties hereto desire to enter into a contractual arrangement providing for
education and training of students in the Paramedic and Emergency Medical Technician (EMT)
programs.
NOW THEREFORE, It Is Agreed Between The Parties As Follows:
1. The School has undertaken to educate and train students in the Paramedic and
EMT programs.
2. The programs shall be under the auspice of the School, as defined in Florida State
Statute Chapter 401 and Administrative Code 64E-2.036, Training Program.
3. This agreement shall continue for three (3) years and may be renewed annually by
the mutual consent of both parties. This agreement may be terminated by either party with or
without cause upon thirty (30) days prior written notice.
The School Further Agrees To:
1. The School hereby represents that it has complied and shall continue to comply
with all applicable Federal and State statutes and local ordinances. Further, the School shall be
solely responsible for obtaining and complying with all necessary permits, approvals and
authorizations required for the training programs which are the subject of this Agreement from
any federal, state, regional, county, or city agency.
2. Ensure that students in the Paramedic and EMT program are subject to and
comply with the rules and regulations of the School and receive the training and certification
required by Florida State Statute Section 401.2701 and Administrative Code 64E-2.036, Training
Program.
3. Ensure that students adhere to all the applicable policies and procedures
established by FIRE RESCUE to include Exposure Control Plan for Blood Borne Pathogens and
all related Infectious Control Policies.
4. Consult with the FIRE RESCUE designee selecting clinical experiences for the
students of the program. However, the School acknowledges and hereby agrees that such
clinical experiences shall ultimately be decided by FIRE RESCUE in its sole discretion and as
the circumstances may permit.
5. Provide a list of students and the dates for which such students are expected to
participate in the clinical experiences to FIRE RESCUE.
6. The School shall ensure that each student provides at his or her own expense the
following:
a. Uniforms
b. Laundry service
c. Transportation
d. Meals
e. Physical examination
f. Required immunizations
g. Hospital and medical treatment
h. Personal/private accident insurance( to cover the student in case of injury
or accident) or evidence of such protection so as to include Professional liability
insurance coverage of not less than $1,000,000.00 per occurrence and
$3,000,000.00 aggregate. Such insurance shall specifically include FIRE
RESCUE as an additional insured.
7. No student shall perform any procedure(s) on a patient unless such student has
previously demonstrated sufficient competency at such procedure(s) so as to satisfy any federal,
2
state, regional, county, city and/or educational requirement(s) for the performance of such
procedure(s).
8. The SCHOOL agrees that each individual participant will be required to sign a
waiver prior to participating in the program. The waiver will provide for the participant to release
and hold the City harmless from any and all damages or injuries suffered while participating in
the program.
FIRE RESCUE Further Agrees To:
1. Provide the necessary facilities for clinical experiences for Paramedic and EMT
instruction.
2. Cooperate in the assignments of the students at FIRE RESCUE with staff of the
School, however; such assignments shall be in accordance with the Fire Rescue's established
shifts, available qualified supervisory personnel and station availability.
3. Provide liaison between the FIRE RESCUE administrator and the School EMS
Program coordinator.
Both Parties Further Agree as Follows:
1. No student shall in connection with this agreement or performance of services
hereunder have a right to or claim for any wages, salary, or any other form of compensation,
unemployment compensation, civil service or other employee rights, privileges and/or benefits
granted by operation of law or otherwise. No student shall be deemed an employee of FIRE
RESCUE, for any purpose, during the performance of services hereunder.
2. Neither party to this Agreement nor their respective officers, agents,
representatives or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other.
3. The SCHOOL, shall indemnify and save harmless and defend FIRE RESCUE, its
agents, servants, and employees from and against any and all claims, liability, losses, and/or
causes of action which may arise from any act or omission of the SCHOOL, its students, agents,
servants, or employees in the performance of services under this Contract. Nothing in this
provision shall be construed as consent by FIRE RESCUE to be sued, nor as a waiver of
sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes.
3
4. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by statute
or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
5. This Agreement and any dispute, disagreement, or issue of construction,
declaration or interpretation arising hereunder whether relating to its execution, its validity, the
obligations provided herein, performance or breach shall be governed and interpreted according
to laws of the State of Florida. Any and all action necessary to enforce the Agreement will be
held in Palm Beach County, Florida.
6. FIRE RESCUE and the SCHOOL, agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties.
7. Failure of FIRE RESCUE to enforce or exercise any right(s) under this agreement
shall not be deemed a waiver of FIRE RESCUE'S right to enforce or exercise said right(s) at any
time thereafter.
8. This agreement shall not be construed more strongly against either party
regardless of who was more responsible for its preparation.
9. In the event that any section, paragraph, sentence, clause, or provision hereof is
held invalid by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
10. Neither party may assign or transfer this agreement without first obtaining the written
consent of the other party.
4
AGREEMENT WITH THE CITY OF Boynton Beach, Florida
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
Boynton Beach, Florida
CITY OF
BY:
CITY MANAGER: KURT BRESSNER
ATTEST:
CITY CLERK
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
James A. Cherof
CITY ATTORNEY
DATE:
HEAL TH CAREER INSTITUTE
BY:
(PRINT: TINA PALERMO)
(PRINT: PRESIDENT)
APPROVED AS TO TERMS AND
CONDITIONS
BY:
DEPARTMENT DIRECTOR
PRINT NAME & TITLE
5
Var, 2009 10:36AV
~NA
HEAL THCARE PROVIDERS
SERVICE ORGANIZATION
PURCHASING GROUP
CERTIFICATE OF INSURANCE
OCCURRENCE POLICY FOR.M
No,0905 p, 1
Print Date: 01/14/09
. .. .
Institute
1926 10th Ave N Ste 106
Lake Worth, FL 33461-3300
Medical Specialty:
Paramedic Firm
Code: 80723
A. PROFESSIONAL LIABILITY
Professional Liability (PL)
.........~.o.oa..S.a'in~irifan..Uabmfy............m............... .....
... ..Persoiiiif..fiijurY"'LlabHrty.m....m......m............... .........
........MiilpTace.me.i1fliii6'"ry.mm.................................... ........
.......,..,.".,'.,...,..,..,..........,..........,...,.........,'...'.".'...,.'..'..,..,.....',.,.~........,..".....,.,\."....,.".,,,,\...,,,,,,.,,,,,, ""."....
1 ,000,000
.....................Tncj.uded'...iibove
....,........,..,..,......,.,..,................-......,....,..,................'..,......,.. .....,..,........,..,.............
included above
... ................[ncTucfe.cf'a'fiove....................................
each claim
C. WORKPLACE LIABILITY
Coverage part C. Workplace Liabilily does no\ apply if Coverage part D. General Liabilily is made part or this policy.
~~If~~l~~~~~~1;;1;;;;:::;;;=:~:=~~~~~=--~.~-=-_::_~~~~~
O. GENERAL LIABILITY CO'll3l'8ge pari O. General Liabilily doea nol apply if Coverage part C. Workplace Liabilily is made part or Ihis f3olicy.
General Liability (GL) ,000,000 each occurrence
...'..'..HfrecfAulij".S;..N.on..OWfi'e'cf.Aufo....... ............n.oile...........mm.... ............................m... ...........................mm........................
:..:::..:~(~~..:.~:.YY.~!~:~~~~.9.:~:i~Q.~.~T!:(~y.::..:::.:'.:'.:. ...fnc.ilj'dea..Inm(~Cnmit...a'bo.ve s u'bFicf'fo
........~.~T~?~.~I...~i~.~i.li!Y...................m..............................................
$1,000,000.
aggregate
_-::.- - .~;
$250,000 sub-limit
~ ..-...rl"o'ne-.-........."...............'..'...'..'..'....................,...,'.,..,..\......... ... ..-........,.""..,..".,.....",'
l::
G-121500-D GSL7412FL G-121501-C G-145184-A
G-147292-A G-123846-D09 GSL3886 GSL390a G-121504-C
$ 1072,00 PRE11IUM $
5.47 FIOA Emergency $ 21.44 FIGA Regular 2007
Master Policy # 188711433
Keep Ihis documenl in a sare place. It and proor or f3aymenl are evidence of your insurance covemge.
~ I~ HI
Chairman of the Board
~r~r}~~
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
o December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) X March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentati ons D City Manager's Report
NA TURE OF 0 Administrative D New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION: Authorization to enter into an agreement with the State Department of Environmental
Protection for a $200,000 matching grant for improvements to Congress Avenue Community Park,
EXPLANATION: The Land and Water Conservation Fund Program (LWCF) is a competitive program that
provides grants to local governmental entities for acquisition and development of land for public outdoor
recreation. L WCF is a reimbursement grant program. The program is administered by the Florida Department of
Environmental Protection, Division of Recreation and Parks, on behalf of the U. S. Department of the Interior,
National Park Service.
PROGRAM IMPACT: Congress Avenue Community Park is a 13.5 acre site located on Congress Avenue. It
is currently undeveloped and is adjacent to the City's Tennis Center. The LWCF grant will provide matching
funds (up to $200,000) for the construction oftwo playgrounds areas, picnic facilities, a walking trail and
landscaping.
FISCAL IMP ACT: The L WCF grant will provide $200,000 in matching funds for the improvement of the
park. The City will match the funds with an additional $200,000 that is budgeted in the FY 2008-09 CIP
(Account # 302-4298-580-63-05 CP0617). No additional funds will be required.
AL TERNA TIVES: Not to accept the grant and construct the park using CIP funding only.
~:::t~I..~~ .$~VU<-~
Department Head's Signature City Manager's Signature
AS~ ~ Manager ~
Recreation and Parks
Department Name City Attorney I Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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1 I RESOLUTION NO. R09 - 05 I
2 I
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR AND CITY
5 CLERK TO ENTER INTO AN AGREEMENT WITH THE
6 STATE DEP ARTMENT OF ENVIRONMENT AL
7 PROTECTION FOR A $200,000.00 MATCHING GRANT
8 FOR IMPROVEMENTS TO CONGRESS AVENUE
9 COMMUNITY PARK; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, Congress A venue Community Park is a 13.5 acre site of undeveloped land
13 located on Congress A venue; and
14 WHEREAS, the Land and Water Conservation Fund ("LCWF'") is a competitive program
15 that provides grants to local government entities for acquisition and development ofJand for public
16 outdoor recreation; and
17 WHEREAS, the LCWF grant will provide matching funds (up to $200,000.00) for the'
18 construction of two playground areas, picnic facilities, a walking trail and landscaping.
19 NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF
20 liTHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
23 true and correct and are hereby made a specific part of this Resolution upon adoption.
24 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
25 Mayor and City Clerk to execute the Florida Department of Environmental Protection Land and
,
26 Iwater Conservation Fund Program Fiscal Year 2008/09 Project Agreement -- Development for the
27 Ilcongress A venue Community Park Project a copy of which is attached hereto as Exhibit "c\'
28 II Section 3. This Resolution shall become effective immediately upon passage
II
II
I b:\CA\RESOlAgreements\Grants\congress - LWCF Grant.doc
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1 PASSED AND ADOPTED this _ day of March, 2009.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27
28 (Corporate Seal)
29
30
S:\CA\RESO\Agreements\Grants\Congress - LWCF Grant.doc
rOY-oS /
12 -00564 L W 564
(LWCF Project Number) -.-..~ .._----~----~~-
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2008 - 2009
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF BOYNTON BEACH, whose address is Post Office
Box 310 , Bovnton Beach, Florida, 33435 (hereinafter called the "Grantee"), a local
government, in furtherance of the Conqress Avenue Community Park project, an
approved outdoor recreation project.
WHEREAS, the Department receives funds from the U.S. Department of the
Interior, National Park Service, for the purpose of passing through the agency as grants
to other entities in accordance with Section 375.021 (4), Florida Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 466, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein.
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than three (3) years from the date of Agreement
execution, inclusive. The Project Agreement shall be performed in accordance
with Chapter 620-5, Part VII, Florida Administrative Code, effective July 15, 2001
(hereinafter called the Rule); the Land and Water Conservation Fund (LWCF) Act
of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the
Program); and with general provisions for such agreements prescribed by the
United States Department of the Interior (hereinafter called the USDOI) in the
LWCF Grants-in-Aid Manual, (hereinafter called the Manual) including the Code
of Federal Regulations (CFRs) referenced below. The Manual refers to the
CFRs applicable to this Project Agreement. The following table identifies several
of the key CFRs addressed in the Manual, but does not limit the Grantee to
compliance with only the CFRs identified in the table.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 1 of 13
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
ProQrams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above-stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the LWCF Act of 1965 and
the general provisions governing this Project Agreement as set forth in the
Manual. No construction shall be contrary to the requirements of any Act of
Congress or of the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as ConQress Avenue Community Park (Land and Water
Conservation Fund, LWCF Project Number 12-00564), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
development of that real property, the legal description of which shall be
submitted to the Department as described on the Land and Water Conservation
Fund Program Approved Project Documentation Form, DEP Form FPS-A048.
The approved Project Application, which includes the Project Elements
(description of project, detailed budget, and anticipated deliverables ), is
incorporated identified in the Grantee's approved Grant Application. The
"approved Project Application" includes only those Project Elements approved by
the Department and does not include proposed elements not approved by the
Department. Any revisions to the Project Elements as set forth in the approved
Project Application must be formally requested by the Grantee and, if agreed
upon by the Department, the modifications will be reduced to writing in an
amendment to this Project Agreement.
3. The Grantee shall construct, or cause to be constructed, specified public outdoor
recreation facilities and improvements consisting of the following Project
Elements: PlaVQround, picnic pavilion, trails, liQhtinQ, landscapinQ and
other related support facilities, identified in the Grantee's approved Grant
Application.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 2 of 13
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5. A. The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200,000.00, which will pay said
federal Program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount $200,000.00
Grantee Match Amount $200,000.00
Total Project Cost $400,000.00
-
Type of Match (Cash and/or In-kind Services)
B. Within sixty (60) days after receipt of the request, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62o-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5.B. above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, this information must be provided within thirty (30)
calendar days of such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Department of Financial Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fquide; allowable costs for Federal
Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part
74, at http://www.access. q po. gov / nara/ cfr/ cfr -table-search. htm I and OMB
Circulars A-87, A-122, A-21; and administrative requirements can be found in
OMB Circulars A-1 02 and A-11 0 at
http://www.whitehouse. qov/omb/ci rcu lars/index. html#nu merical.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 3 of 13
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Accountability
Procedures, hereinafter called the PROCEDURE, incorporated into this Project
Agreement by reference as if fully set forth herein. All purchases of goods and
services for accomplishment of the Project shall be secured in accordance with
the procurement requirements specified in 43 CFR 12.76. Expenses representing
the Project costs, including the required matching contribution, shall be reported
to the Department and summarized on certification forms provided in the
Procedure. The Department and Grantee agree to use the Procedure guidelines
in accounting for LWCF funds disbursed under the Project. The parties further
agree that the principles for determining the eligible costs, supporting
documentation and minimum reporting requirements of the Procedure shall be
used.
9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the
Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be
approved in advance in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s.62D-5.073(2) of the Rule. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Prea reement Costs A proved:
Description of Work Performed Amount Approved
0
Total Prea reement Costs A proved: 0
11. A. Prior to commencement of Project development, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the Department will give written notice to Grantee to commence the
development and approve the request for payment.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 4 of 13
B. If Grantee does not have any of the documents incorporated by reference
in this Project Agreement, Grantee shall obtain them from the Department
or other official source.
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water ConseNation
Program Commencement Certification, DEP Form FPS-A052, referenced in s
62D-5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project construction by the completion date
established in paragraph 1, above.
14. Project completion means the Project is open and available for use by the public.
The Project must be completed prior to release of final reimbursement.
15. A. The Grantee shall maintain books, records and documents directly
pertinent to performance under this Project Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this Project
Agreement and for five years following Project Agreement completion. In
the event any work is subcontracted, the Grantee shall similarly require
each subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
16. A. In addition to the requirements of the preceding paragraph, the Grantee
shall comply with the applicable provisions contained in Attachment A
(Special Audit Requirements), attached hereto and made a part hereof
Exhibit 1 to Attachment A summarizes the funding sources supporting
the Project Agreement for purposes of assisting the Grantee in complying
with the requirements of Attachment A. A revised copy of Exhibit 1 must
be provided to the Grantee for each amendment which authorizes a
funding increase or decrease. If the Grantee fails to receive a revised
copy of Exhibit 1, the Grantee shall notify the Department's Grants
Development and Review Manager at 850/245-2361 to request a copy of
the updated information.
DEP 55-239 (O6/O8)
DEP Agreement No. LW564, Page 5 of 13
8. The Grantee is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this Project Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment
A, Exhibit 1 when making its determination. For federal financial
assistance, the Grantee shall utilize the guidance provided under OM8
Circular A-133, Subpart 8, Section _.210 for determining whether the
relationship represents that of a subrecipient or vendor. For state financial
assistance, the Grantee shall utilize the form entitled "Checklist for
Nonstate Organizations RecipientlSubrecipient vs Vendor Determination"
(form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
https:\\apps.fldfs.com\fsaa
The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the
applicability of these requirements.
17. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
18. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Project Agreement, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded
by the Grantee. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Project Agreement is not
protected under Florida Workers' Compensation law, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of those employees not otherwise protected.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 6 of 13
20. The purchase of non-expendable equipment is not authorized under the terms of
this Project Agreement.
21. The Department's Grant Manager for the purpose of this Project Agreement, or
successor, shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified
in the Project Application, or successor, shall act on behalf of the Grantee
relative to the provisions of this Project Agreement. The Grantee's Liaison
Agent, shall submit to the Department signed Project status reports every ninety
(90) days summarizing the work accomplished, problems encountered,
percentage of completion, and other information which may be requested by the
Department. Photographs to reflect the construction work accomplished shall be
submitted when the Department requests them. Any and all notices shall be
deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic
mail, or by hand-delivery to the parties at the following addresses'
Grantee's Liaison Agent
Name: Mr. Wally Majors, Parks and Recreatio
Director
Entity: City of Boynton Beach
Address: Post Office Box 31 0
City, State, Zip: Boynton Beach, FL 33435
Phone: 561/742-6255
SunCom Phone:
Fax: 561/742-6233
SunCom Fax:
Email: majorsw@ci.boynton-beach.fl.us
Department's Grant Manager
Name: T amika Bass
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
SunCom Phone:
Fax: (850) 245-3038
SunCom Fax:
Email: T amika .Bass@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 7 of 13
23. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. This Project Agreement may be unilaterally canceled by the Department for
refusal by the Grantee to allow public access to all documents, papers, letters, or
other material made or received by the Grantee in conjunction with this Project
Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1), Florida Statutes.
25. Prior to the closing of the Project the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The Grantee
further agrees to ensure that the Grantee's contract will include the requirements
of this paragraph in all subcontracts made to perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 8 of 13
30. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 620-5.074(1
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control tu
enable this dedication. The dedication must be promptly recorded in the county s
official public records by the Grantee and Grantee shall provide a certified COP\i
to the Department.
31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-
5.074(2) of the Rule. The Project site, Project-related facilities, and any future
outdoor recreation facilities developed on the Project site shall be open to the
general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act, the
Manual, and s. 620-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the terms and conditions of
this Project Agreement will result in termination of the Project Agreement by the
Department. The Department shall give the Grantee in violation of the Rule or
this Project Agreement a notice in writing of the particular violations stating a
reasonable time to comply. If the Grantee does not comply or obtain and
extension of time within the time period stated in the notice, this Project
Agreement shall be automatically terminated.
34. In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Application, the provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the Project Application
documents.
35. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the Grantee a notice in writing
and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall terminate
this Project Agreement.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 9 of 13
36. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Project Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Project Agreement is not a
commitment of future appropriations.
37. A. The Grantee certifies that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Grantee, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If
any non-Federal funds are used for lobbying activities as described above,
the Grantee shall submit Attachment B, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
made a part hereof), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Project Agreement for
the purpose of lobbying the Legislature, the judicial branch or a state
agency.
38. A. No person on the grounds of race, religion, creed, color, national origin,
age, sex, marital status or disability, shall be excluded from participation
in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Project Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 10 of 13
39. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, 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 s. 287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
41. A. In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment.
declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Project Agreement by the Grantee, the Grantee
shall complete, sign and return a QQQY of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion ..
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this Project
Agreement.
42. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
DEP 55-239 (O6/08)
DEP Agreement No. LW564, Page 11 of 13
43. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Project Agreement, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
44. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
45. This Project Agreement is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the Department.
46. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Project
Agreement established in paragraph 1.
47. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 12 of 13
IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement
to be duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT CITY OF BOYNTON BEACH
OF ENVIRONMENTAL PROTECTION
By: DO NOT SIGN By:
---."---,----------.. -"'- ------~--,--_.. .-.--------. ~-_._--..__.-
Division Director
Division of Recreation and Parks
and State Liaison Officer _._---,~-~~-
(or designee) Printed Name
,DO NOT DATE -- -_.._--_.~---_..-
Date: Title
Date:
FEID No.:
.- ~,- ~- --.----.-.. ._-----~- -- --.
Address: Address:
Office of Information and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
--. ______.....___ ____~__...m_
DEP Grant Manager Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
June 26,2008.
Attachments:
Attachment A Special Audit Requirements (5 pages)
Attachment B Disclosure of Lobbying Activities (2 pages)
Attachment C Certification Regarding Debarments/Suspension (2 pages)
DEP 55-239 (06/08)
DEP Agreement No. LW564, Page 13 of 13
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
DEP 55-215 (02/07)
DEP Agreement No. L W564Attachment A, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
l. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 2 1 5.97, Florida Statutes: applicable rules of the Depanment
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profiT
organizations), Rules of the Auditor General. EXHIBIT I 10 this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement.
determining the state financial assistance expended in its fiscal year, the recipient shall consider all source"
of state financial assistance, including state financial assistance received from the Department III
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nons tate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Pan II, paragraph 1: the recipient shall ensure thai
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.55Ci
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Audito!
General.
, If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
-' .
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e.. the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. III
addition to the above websites, the following web sites may be accessed for information: Legislature',;
Website at http://www.leg.state.fl.us/Welcomeiindex.cfm, State of Florida's website Jl
http://www.myflorida.coml, Department of Financial Services' Website at http://ww\v.fldfs.com/ and the
Auditor General's Website at http://www.state.flus/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part 'vvould be used to specify any additional audit requirements imposed hy the Stale awarding emin
that are soleZv a matter of that State mvarding entity's policy (i.e., the audit is not required h.1' Federal or State la11'.1
and is not in conflict with other Federal or State audit requirements). Pursuant to Section ~! 5.97(8), Florida
Statutes. State agencies may conduct or arrange for audits of State financial assistance that are in addition to audir\
conducted in accordance with Section 215.97, Florida Statutes. In such an event. the State awarding agency mlLll
arrangeforfunding the full cost of such additional audits.)
P ART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB CIrcular A-l.:n, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A- 1 33, as revised, by or on behalf of the recipient directly to each of the fo]]O\ving:
DEP 55-215 (02/07)
DEP Agreement No. L W564Attachment A, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02/07)
DEP Agreement No. LW564Attachment A, Page 3 of5
4. Copies of reports or management letters required by PART III of tlm Attachment shall be submitted b\
on behalf of the recipient directly to the Department of Environmental Protection at the j;,llowing addrtY.
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department or
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental ProtectIOn
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reportmg
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection.
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLA:\'K
DEP 55-215 102/071
DEP Agreement No. LW564Attachment A, Page 4 of5
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the FoIlowinl!:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
12-00564 U.S. Department of the 15.916 Outdoor Recreation Acquisition, Development and $200000 140001-08
Interior, National Park Planning
Service
Land and Water Conservation Fund
State Resources Awarded to the Recioient Pursuant to this Al!reement Consist of the Follow in I! Matchinl! Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recioient Pursuant to this Al!reement Consist of the Followinl! Resources Sub.iect to Section 215.97, F.S.:
I State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
I Total Award I $200000 -
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSF A) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. 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
III the Contract.
DEP 55-215 (02/07)
DEP Agreement No. L W564Attachment A, Page 5 of 5
\n .\CH.'VIE:\T B \,pprll\.I...'li .1 'lB
1I~~".IHi.+'
DISCLOSURE OF LOBBYING ACTlVITIE~
Complete thlS rOml \0 ulSclose ]obbYl11g aCllVI!;CS pur,uant ,>1
\ See reverse for puhlr(' hunkn dlScloSUft
1. Type of Federal Action: 2. Status of Federal Action: I 3. Report Type:
I
0 D I C
I
a. contract a. 1)](i/ofTer:appheation I a. mniallilmg
b. grant h. 1I11tial award I h material change
c. cooperative agreement c [lost-award
d. loan I For '1aterial Change Only:
e. loan guarantee
f. loan insurance year ~ lj uarter
date of lasl report
I\ame and Address of Reporting Entity: If Reporting Entity in :\0. 4 is Subawardee. Enter Name ~---
4. S.
and Address of Prime:
o Prime o Subawardee
Tier ~___' ifknown'
Congressional District. if known: Congressional District. if known.
-'-'--
6. Federal Department/Agency: 7. Federal Program Name/Description:
('FDA Number. ifllpplicable --,------
-~
8. Federal Action Number. ifknown: 9. Award Amount. ifknnwn:
S
-'---.--
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, MI): difJerentfi-om Nu. lOa)
(las/ name. firs/ name. AIl)'
(attach COlllinua/ion Shee/(.~) SF-LLLA. ifneceSSIIIT)
11. Information requested through this form is authorized by title 31 lI.S.C. I Signature: ~___~___~_ ._____._.___ ------~ ~'--
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon which reliance was placed by the tier above ~-~_._- --~-------_...._---------~-~--
when this transaction was made or entered into. This disclosure is required
pursuant to 3t lJ.S.c. 1352. This information will be reported to Congress Title: -~~_..._-. ._.__._--~~-~----- ---.-- -----"-...--.---
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penal!)' of not Telephone :\0.: _~_.~~_.____~_._____.___. . Date: .____._
less than $]0.000 and not more than $]00,000 for each such failure.
- -- .------<
Federal Use Only: Authorized for Local Reproduction
Standard Fom1- LLl (Re\ - ~ q:1
.-.._-"--1
Form DEP 55-221 (01/01)
DEP Agreement No. LW564, Attachment B, Page 1 of2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first
subawardee of the prime is the Ist tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Sub awardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act. as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducin this burden, to the Office of Mana ement and Bud et, Pa erwork Reduction Pro' ect 0348-0046, Washin on, D.C. 20503.
FormDEP 55-221 (01101)
DEP Agreement No. LW564, Attachment B, Page 2 of 2
A TT ACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY MD
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRA.~SACTIONS
DEP AGREEME~T NO: L\V564
l. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for deha1111ent.
declared ineligible, or voluntarily excluded from particlpatlOn in thIs transaction by any Federal department or agency.
2. The undersigned also certifies that it and its princlpals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtam, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of rccords,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal. State or
local) with commission of any of the offenses enumerated in paragraph 2.( a) of this Certification; and
(c) Have not within a three-year period preceding thIs certification had one or more public transactions (Federal, State ())
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements In this certification, an explanation shall be attached to rhl,
certification.
Dated this day of ,20_
By .- ~. ~ --..- ~.- ------
Authorized Signature/Contractor
-~.~"._- ---_.~------...- --,..~-
Typed l\ame/Title
.."-, --~---- --- --
Contractor's Firm Name
- ---- ---- -~~._- ---"'___-0
Strect Address
--- -~
Building, Suitc l\umber
~~------,~--- --~- - ___.. n___'__
City/State/Zip Code
----- --"_.
Area Codc/Telephone .\!umber
Form DEP 55-220 (01/01)
DEP Agreement No. LW564 Attachment C, Page I of2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, partIcIpant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended. ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension andlor debarment.
DEP FORM 55-220 (01101)
DEP Agreement No. L W564 Attachment C, Page 2 of 2
VI.-CONSENT AGENDA
ITEM C.3
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
o December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2. 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) X March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) D April 7, 2009 March 16, 2009 (Noon)
D Announcements/Presentati on s D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM X Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Approve and execute, via a Resolution, the Agreement between Palm Beach County
(PBC) and the City of Boynton Beach for design and construction of an interactive water feature at Congress
A venue Community Park using the PBC 2002 Recreation and Cultural Facilities Bond.
EXPLANATION: As part of the 2002 Recreation and Cultural Facilities Bond Fund, former Commissioner Bob
Kanjian allocated $150,000 towards the development of an interactive water feature for Congress A venue
Community Park and Barrier Free Playground.
PROGRAM IMPACT: The contribution from Commissioner Kanjian will allow staff to add another exciting
element to this project. As planned, the park will provide an exciting, inspiring and accessible playground and
park for adults and children of all abilities to enjoy. The entire park will be completely barrier-free so people of
all abilities and disabilities can have access to all park amenities and features. Children with and without
challenges can play together. Parents and grandparents with physical limitations can bring their children and
grandchildren to the park and enjoy the amenities together. The water feature will be a premier feature of the
park design.
FISCAL IMP ACT: The City will receive $150,000 from this contribution. There is currently $2,900,000 in the
Capital Improvements Plan fund balance for the park development (Account# 302-4298-580-63-05).
AL TERNA TIVES: Not to enter into 2J agreement with PBC and not to add the wate~ feature.
~ ,~,;/!,~~ ~ N-;;& ~/'~L~
15epartment Head's Sigmltu e . City Manager's Signature
Recreation and Parks A,~tanl 10 C;ty Maooge, Cffli-
<::::
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R09- u5:L-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE MAYOR AND CITY CLERK TO EXECUTE AN
6 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
7 COUNTY AND THE CITY OF BOYNTON BEACH FOR
8 DESIGN AND CONSTRUCTION OF AN INTERACTIVE
9 WATER FEATURE AT CONGRESS AVENUE
10 COMMUNITY PARK USING THE PALM BEACH
11 COUNTY 2002 RECREATION AND CULTURAL
12 FACILITIES BOND; AND PROVIDING AN EFFECTIVE
13 DATE.
14 I
151
"
"
I WHEREAS, as part of the 2002 Recreation and Cultural Facilities Bond Fund. former
161
171 County Commissioner. Bob Kanjian allocated $150.000.00 towards the development of an
I
I
18 interactive water feature for Congress Avenue Community Park and Barrier Free Playground:
19 and
20 I WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
I
21 I of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
i
,
I Beach to authorize execution of the Interlocal Agreement with Palm Beach County for design
221
23 and construction of an interactive water feature at Congress Avenue Community Park using the
24 Palm Beach County 2002 Recreation and Cultural Facilities Bond.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
27 I Section 1. The foregoing "Whereas" clauses are hereby ratified and contirmed as
28 I being true and correct and are hereby made a specific part of this Resolution upon adoption
I
29 I hereof.
30 Section 2. The City Commission of the City of Boynton Beach hereby authorize~
S\CA\RESO\Agreements\lnterlocals\lLA with PSC for Congress Ave Water Park. doc
r
I
1 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
2 Beach and Palm Beach County for design and construction of an interactive water feature at
3 Congress A venue Community Park using the Palm Beach County 2002 Recreation and Cultural
4 Facilities Bond, a copy of said Agreement is attached hereto and made a part here as Exhibit
5 '''A''.
6 Section 3. That this Resolution shall become effective immediately upon passage.
7 PASSED AND ADOPTED this _ day of March, 2009.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12
13 Mayor - Jerry Taylor
14
15
16
17 Vice Mayor - Jose Rodriguez
18
19
20
21 Commissioner - Ronald Weiland
22
23
24
25 Commissioner - Woodrow L. Hay
26
27
28
29 Commissioner - Marlene Ross
30 ATTEST:
31
32
33
34 Janet M. Prainito, CMC
35 City Clerk
36
37
38 (Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for Congress Ave Water Park.doc
Department of February 5,2009
Parks and Recreation
:2 7mi t,th .I\venue South
Lake Worth. FL 33461 Mr. Wally Majors, Director
(')61) 966-6600 Recreation and Parks Department
Fax ('i61iLJ66-6734 100 East Boynton Beach Boulevard
www.pbcparks.com Boynton Beach, FL 33435
RE: 2002 Recreation and Cultural Facilities Bond - Agreement for Design
. Construction of the Congress Avenue Barrier Free Community Park
Water Feature
Palm Beach County Dear Mr. Majors:
Board of County Attached for execution on behalf of the City of Boynton Beach are two
Commissioners
Jeff Koons. Chairman originals of a funding Agreement for design and construction of the Congress
Avenue Barrier Free Community Park Water Feature. Upon execution of the
Bun Aaronson. Vice Chairman Agreement by the City, please return both originals to Susan Yinger
Karen T Marcus Administrative Support Manager, accompanied by the updated insurance
certificates (include Automobile liability), to place on the Agenda for approval
Shelley Vana by the Board of County Commissioners.
Mary McCart y
Jess R. Santamaria Project elements of the water element include a stamped concrete "littoral"
edge, alligator head with misters along the sides, cattail sprayers, lily pad
Addie L. Greene walk, frog sprayers, and associated elements including benches, trash
receptacles, and other miscellaneous features.
Please contact Ms. Yinger at 966-6653 if you have any questions on the
County Administrator Agreement. On behalf of Commissioner Shelley Vana and the Board of
Robert Weisman County Commissioners, we look forward to assisting the City of Boynton
Beach with the construction of the Congress Avenue Barrier Free Community
Park water feature.
Ilalm Ilt'ill'h t onm,' ~~
.~
Imm-~mm
I I , 1 \ I'
~~ Dennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
"1n Equa.l Opportumr,. Attachment - Two originals of Agreement for Signature and Return
"!(ll'nnL1ril'c ,-Jet/on Elnplf?I'er' Copy to: Commissioner Shelley Vana, District 3
w
~d printed on recycled paper
/(0 '1-0S.:L
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR THE CONGRESS AVENUE BARRIER
FREE COMMUNITY PARK WATER FEATURE
THIS INTERLOCAL AGREEMENT is made and entered into on ,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal
corporation, hereinafter referred to as "MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, MUNICIPALITY owns property located at 3111 South Congress
Avenue in Boynton Beach on which it is constructing the Congress Avenue Barrier Free
Community Park Water Feature, hereinafter referred to as "the Project"; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
design and construction of the Project; and
WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and
Cultural Facilities Bond"); and
WHEREAS, the COUNTY has approved a recreation and cultural facilities project
list and proposed funding allocations, as amended, for the $50 Million Recreation and
Cultural Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, both parties desire to increase the recreational and cultural
opportunities for residents of Palm Beach County and to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
1
ARTiCLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as it
fully set forth.
Section 1 .02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist MUNICIPALITY in the funding of the Project.
Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $150,000
for the design and construction of the Project as more fully described in the Project
Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part
hereof as Exhibit "A".
Section 1 .04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to
complete design and construction of the Project. The parties agree that the COUNTY shall
provide its portion of the funding only after MUNICIPALITY has expended $0.
Section 1.05 COUNTY's representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the
design and construction of the Project shall be Wally Majors, Recreation and Parks
Director, Boynton Beach, 561-742-6255.
Section 1.06 MUNICIPALITY shall design and construct renovations on the property as
more fully described in Exhibit "B" attached hereto and made a part hereof.
Section1.07 MUNICIPALITY shall utilize its procurement process for all design and
construction services required for the Project. Said procurement process shall be
consistent with all federal, state and local laws, rules and regulations. COUNTY shall have
no contractual obligation to any person retained by MUNICIPALITY with regard to the
Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's
procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby
holds the COUNTY harmless for same to the extent permitted by law and subject to the
limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the
Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit
"A", attached hereto and made a part hereof, and with all applicable federal. state and local
laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall initiate its procurement process to select the necessary professional
2
engineer and/or architect to perform all engineering and/or architectural design work,
including, but not limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's
programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the
COUNTY's Representative for review. The COUNTY's Representative shall review said
programming phase documents to ensure consistency with the intent of this Interlocal
Agreement.
Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Prior to MUNICIPALITY commencing construction of the Project,
MUNICIPALITY shall provide a copy of all plans and specifications, along with the
associated costs thereof, to the COUNTY's Representative for review to ensure
consistency with the intent of this Interlocal Agreement.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
public for its intended use 'within thirty six (36) months from the date of execution of this
Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this
period for the purpose of completing the Project. COUNTY shall not unreasonably deny
MUNICIPALITY's request for said extension.
Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered,
percentage of completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by
MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required
for completion of the Project. The COUNTY shall not dispense any funds to
MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said
excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this
3
Interlocal Agreement; however, should the need arise tor MUNICIPALITY to be reimburseeJ
on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each
instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days at
such special request. For each requested payment, MUNICIPALITY shall provide to the
COUNTY's Representative a fully completed and executed Contract Payment Request
Form and a Contractual Services Purchase Schedule Form, attached hereto and made a
part hereof as Exhibit "C". Said forms shall include information listing each invoice as paId
by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the
amount paid by MUNICIPALITY along with the number and date of the respective check tor
said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid bv
MUNICIPALITY along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by MUNICIPALITY on the Project and shall also certify that each
vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid bv
MUNICIPALITY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and
provides COUNTY with either a Certificate of Occupancy or a Project Completion
Certification as determined by COUNTY, and the COUNTY receives and approves all
documentation as required in accordance with this Interlocal Agreement. The COUNTY's
representative shall visit the Project site to verify and approve said final reimbursement
Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the
COUNTY no later than ninety (90) days following completion of the Project and provision of
either a Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$150,000 for pre-agreement costs.
Section 3.06 For construction projects fully funded by the County, no more than 10% of
the County's funding for the project shall be used for design and engineering costs for the
project and be eligible for reimbursement under this Agreement. For construction projects
not fully funded by the County, all design and engineering costs associated with the project
shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the
County.
Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended
its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a
certification, in a form acceptable to the County, from an independent auditor that the
MUNICIPALITY has complied with this Project funding provision. The County will be
entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under
this Agreement.
4
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any
other capital improvement required by or of MUNICIPALITY.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project. MUNICIPALITY shall be
responsible for all costs, expenses, fees and charges, and liability related to the operation
and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by
the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance
with industry standards for such facilities to prevent undue deterioration and to encourage
public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to
MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY
transfers ownership of the Project to a party or parties not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to assume, in writing,
MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from
MUNICIPALITY for its participation to the full extent of the funding assistance awarded to
accomplish the Project. Should MUNICIPALITY transfer management of the project to a
party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue
to be responsible for the liabilities and obligations as set forth herein. Further,
MUNICIPALITY shall not transfer management of the Project to a third party without the
written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation,
gender, expression, or identity with respect to use of the Project.
5
Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this Inter/ocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community
and social purposes only unless otherwise agreed to in writing by the parties hereto.
Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent
location at the completed Project indicating that the COUNTY was a contributor to the
development of the Project. Said plaque or marker shall include the County seal and a list
of County Commissioners, unless otherwise directed by the COUNTY's Representative,
ARTICLE 6: ACCESS AND AUDITS
MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design/construction of the Project for at least five
(5) years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall be retained by MUNICIPALITY until final
resolution of matters resulting from any litigation, claim, or special audit that starts prior to
the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable
request and during normal business hours, to inspect said Project and shall have access to
such books, records, and documents as required in this section for the purpose of
inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
With a copy to:
County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
6
As to the MUNICIPALITY:
City Manager
City of Boynton Beach
100 East Boynton Beach, Boulevard
Boynton Beach, Florida 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the
terms and conditions as set forth herein and where MUNICIPALITY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do
so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require MUNICIPALITY to
reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement
either in whole or in part once the COUNTY has reasonably determined that no other
remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof. The
parties hereto may pursue any and all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that MUNICIPALITY is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its
Board of County Commissioners. It is further acknowledged that the County only
contributes funding under this Agreement and operates no control over the Project. In the
event a claim or lawsuit is brought against County or any of its officers, agents or
employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims,
7
liabilities, losses, judgments, and/or causes of action of any type arriving out ot or relatln~l
to any intentional or negligent act or omission of MUNICIPALITY its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnificatior'.
shall survive termination of this Agreement
In consideration for reimbursement of costs incurred prior to the term of this
Agreement, the foregoing indemnification shall apply not only during the term of this
Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY
is eligible to receive reimbursement from the County.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with coverage
limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers Compensation
and Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property
insurance, in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate
limits based on the MUNICIPALITY'S replacement cost or probable maximum loss
estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully
responsible for any deductible or self-insured retention.
The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability
and obligations under this Interlocal Agreement.
The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work
associated with this Agreement to maintain:
1 . Workers' Compensation coverage in accordance with Florida Statutes
including endorsements for U.S. Longshore and Harbor Workers
Compensation Act and the Merchant Marine Act (Jones Act) in the event
any portion of the scope of services/work occurs over, near. or
contiguous to any navigable bodies of water.
2. Commmercial General Liability coverage at limits of not less than
$1,000,000 Each Occurrence. The COUNTY shall be added an
"Additional Insured".
8
3. Business Auto Insurance with limits of not less than $1 ,000,000 Each
Accident.
4. If the construction work being performed exceeds $200,000, a
payment and performance bond for the total amount of their construction
contract, in accordance with Florida Statute 255.05.
5. The Contractor agrees to carry builder's risk insurance while the
project is in the course of construction in an amount at least equal to the
estimated completed project value as well as subsequent modifications of
that sum.
ARTICLE 13: PUBLIC ENTITY CRIMES
As provided in Section 287.132-133, Florida Statutes, by entering into this contract or
performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by Section 287.133 (3) (a), Florida Statutes.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the provisions, terms
and conditions contained in this Interlocal Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17: THIRD PARTY BENEFICIARIES
This Agreement is made solely and specifically among and for the benefit of the parties
hereto, and their respective successors and assigns subject to the express provisions
9
hereof relating to successors and assigns, and no other person shall have any rights
interest, or claims hereunder or be entitled to any benefits under or on account of this
Agreement as a third-party beneficiary or otherwise.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
SHARTON R. BOCK, Clerk & PALM BEACH COUNTY, BY ITS
Comptroller BOARD OF COUNTY COMMISSIONERS
By: By: --..
Deputy Clerk Commissioner John F. Koons, Chairman
ATTEST: CITY OF BOYNTON BEACH
By: By:
Clerk Mayor
APPROVED AS TO TERMS AND APPROVED AS TO FORM AND
CONDITIONS: LEGAL SUFFICIENCY:
By: By: ---.-.--------,--.----.----- - -----..--
Dennis L. Eshleman, Director Municipality Attorney
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
10
LIST OF EXHIBITS
EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate
EXHIBIT B Legal Description of Property
EXHIBIT C Contract Payment Request Form (Page 1 of 2) and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
EXHIBIT D Pre-Agreement Cost List (Not Applicable)
11
EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
12
EXHIBIT A
Congress Avenue Barrier Free Community Park
Project Description
The Congress Avenue Barrier Free Community Park consists of 13.5 acres located on
South Congress A venue. The park is currently being design and bids are scheduled to be
received in January. Park amenities will include three large play areas in the fashion of
the "Boundless Park" concept, picnic shelter, seating areas, restroom, trails, sensory
areas, public art, landscaping and irrigation. The overall park theme is one of a "swamp"
with hidden swamp critters, "pretend" streams, lake fronts and natural vegetation.
In November 2008, Palm Beach County through Commissioner Kanjian offered
$150,000 to the City for the inclusion of a water feature. This feature will become one
component of the larger park. The water feature will include a stamped concrete
"littoral" edge, alligator head with misters along the sides, cattail sprayers, lily pad walk,
frog sprayers and associated elements such as benches, trash receptacles, etc.
Estimated Cost
$150,000 includes design and construction
Conceptual Site Plan
Please see attachment
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. CONGRESS AVENUE COMMUNITY PARK \\\TER FEATURE
City of Boynton Beach Concept 'U'
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
13
EXHIBIT B
LEGAL DESCRIPTION
Beginning fOf the same at a point dis.tance (I) South 00"33'16" West 7&5.37 feet and (2) South 88046'47"
West 53.03 feet from the Northeast corner of Section 6. Township 46 SOllth, Ra.nge 43 E~<;t, said point
also lying in the Southerly right-of-way line of West Chapel Hill Road and the Westcrlyright-of-\.vay line
of Congress A venue and being the Northe~st corner of the parcel hereinafter described, and running
thence with part of said Congress Avenue (1) South 00033'16" West 996.81 feet to a point; thenee leaving
said right-of-way line (2) North &4057' 14" West 528.39 feet to a point; thence (3) south 79046'47" West
40 I .87 feet to a point; thence (4) North 00033'16" East] 002.00 feet to a point in the Southerly right-of-
,va)' line of West Chapel Hill Road; thence with part of said right-of-way line (5) North 88"46'47" East
922.00 feet to the place of beginning.
H:\2007\00AB\Real Estate\Opinion of Tit1e - O&E\Opinion of Title - BB.doc
^ ~+ ~
EXHIBiT C
CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES
PURCHASE SCHEDULE FORM
14
.~p;.ijii"", PALM BEACH COUNTY EXHIBIT C
/. PARKS AND RECREATION DEPARTMENT
(~I ., I~)
\,,~,~.!!.\~V
CONTRACT PAYMENT REQUEST
Date
Grantee: Project Name:
Submission #: Reimbursement Period:
Project Costs Cumulative
Item ~ This Submission Project Costs
Consulting Services (CS)
Contractual Services (C)
Materials, Supplies, Direct Purchases (M)
Equipment, Furniture (E)
TOTAL PROJECT COSTS
..................................................................................................:
Kev Leaend ~ CS = Consulting Services
~ C = Contractual Services
~ M = Materials, Supplies, Direct Purchases
L~..~..~~.~~~:.~.~.~:.~.~.~~~~~~~.................................................1
11ification: I hereby certify that the above Certification: I hereby certify that the documentation has
expenses were incurred for the work identified as been maintained as required to support the project
being accomplished in the attached progress expenses reported above and is available for audit upon
reports. request.
Administrator Date Financial Officer Date
PBC USE ONLY
County Funding Participation $
Total Project Costs To Date: $
County Obligation To Date $
County Retainage ( %) $
County Funds Previously Disbursed $
County Funds Due this Billing $
Reviewed and Approved By:
PBC Project Administrator Date
Department Director Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page 1 of
~e .................................................................................. PALM BEACH COUNTY
liIi ~I Kev Leaend PARKS AND RECREATION DEPARTMENT EXHIBIT C
\:. ~/ CS = Consulting Services CONTRACTUAL SERVICES PURCHASE SCHEDULE
C = Contractual Services
,~!?.!!!?y M = Materials, Supplies, Direct Purchases
E = Equipment, Furniture
...............................................,...................................
Date
Grantee: Project Name:
Submittal #: Reimbursement Period:
-_._--_.__.~_..__._...-
Check or Voucher Invoice
~ Payee (Vendor/Contractor) Key Number Date Number Date Amount Expense Description
1 ~'"--
-
2 . ----.~~ ._,~
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16
._-~ .~-,--- _. ..---. -- -~--_. ,._,~_________ _________'""__u.___
TOTAL $
Certification I hereby certify that the purchases noted abuve were (;ertification I hereby certify that bid tabulations executerJ r~olltract ':dn<.:e!lurj ';hei;k::: ,me! '.,tilt"
used in accomplishing this project iJlH'chasing documentation have been maintained as required to support the costs IGlJurteLl abuvI
and are available for audit upon request. .
_.,._,n. ,..____. ..___ -_...-.--,_.., "^_.._---~_.._-,-_..,.
/IIJl11lrllstralui Date - _~".~.__"'_"~_.._~..n._ !'Inarlclal Office! .----
~ c;.~ if'J' RP.;1::.i'3F':]-F..:1 iib!! 8'\!IU ,i. Pagl
W;.cii ~"""''''''''''''''''''''''K~~i~~~~d''''''''''''''''''''''''''''...~ PALM BEl COUNTY
l.~ 1 cs = Consulting Services 1 PARKS AND RECRL .ON DEPARTMENT EXHIBIT
~ ~) 1 C = Contractual Services ~CONTRACTUAL SERVICES PURCHASE SCHEDULE (cont'd.)
ti. . ! M = Materials, Supplies, Direct Purchases :
ORI0~ I..~..~.~.~~:~~.~~~.......................................................I
Check or Voucher Invoice
~ Payee (Vendor/Contractor) ~ Number Date Number Date Amount Expense Description
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
TOTAL $
Certification: I hereby certify that the purchases noted above Certification: I hereby certify that bid tabulations, executed contract, cancelled checks,
were used in accomplishing this project. and other purchasing documentation have been maintained as required to support the
costs reported above and are available for audit upon request.
Administrator Date Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page of
EXHIBIT D
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
15
":STAR EXHIBIT E
I~SUAA,NCE
COMPA-NY
...........~'--("~
STAR INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE ISSUED: 10/11/07
PRODUCER This certificate is issued as a matter of information only and confers no rights upon
the certificate holder. This certificate DOES NOT amend, extend or alter the coverage
Arthur J. Gallagher & Co. afforded by the poliCies below. .
2255 Glades Road
Suite 400 E. COMPANIES AFFORDING COVERAGE
Boca Raton, FL 33431
INSURED COMPANY (A) STAR INSURANCE COMPANY
City of Boynton Beach
100 E. Boynton Beach Boulevard COMPANY (B)
Boynton Beach. FL 33425
COMPANY (C)
COMPANY (0)
.
COVERAGES
This is to certify that the policies of Insurance listed below have been issued to the Insur~ named above for the policy period indicated,
notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may
pertain. the Insurance afforded by the polides described herein is subject to af! the terms, exclusions and conditions of such policies. limits shown
may have been reduced by paid claims.
co TYPE OF INSURANCE POLICY NUMBf;R POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMMIOOfYYl DATE IMMIOD/YY\
GENERAL LIABILITY
A IllJ COMMERCIAL GENERAL LIABILITY CP 02577 29 101112007 41112009 GENERAL AGGREGATE ~~
o CLAIMS MADE Iiil OCCUR. PROOUCTS.COMP/OP AGG
o OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE ~.Yt
FIRE DAMAGE (anyone flre)
MEO. EXPENSE (anyone person)
AUTOMOBILE lIl\BllITY
A o ANY AUTO NlA N/A NJA COMBINED SINGLE LIMIT ~
o ALL OWNED AUTOS 80DIL Y INJURY".. ....."
o SCHEDULED AUTOS 800lL Y INJURY (,., -....l
o HIRED AUTOS PROPERTY DAMAGE
o NON-OWNED AUTOS
o GARAGE LIABILITY
EXCESS LIABILlW
A o UMBRELLA FORM EACH OCCURRENCE 55.000.000
o OTHER THAN UMBRELLA FORM CP 02677 29 10/1/2007 4/112009 AGGREGATE $15000000
A WORKERS' COMPENSATION CP 02677 29 10/112007 4/1/2009 STATUTORY LIMITS ~
AND
EMPLOYERS' LIABILITY EACH ACCIDENT
OISEASE.POLlCE LIMIT
DISEASE-EACH EMPLOYEE
Company A - Po}ICY subject 10 (? $600.DOO~ SJ.R. pet occurrence.
.. ..... ............ ." --.. ... ...... .. ............u ......'" ..................._..........__...... ." _.,.. ".,.. ,....... ....... .~__..........._....H_"......,.... ......_.. ..__....... ..,.....,.......,..............._.........._.. ._......................... ......,... ............._............_._.__.... ".. '. ,. .............. ,......
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - All operations usual to a City Government including
Palm Beach County Board of County Commissioners, a political subdivision of the State of Florida. Its Officers, Employees and
Agents as additional insured as their interests may appear throughout the policy period for municipal activities in coordination and/or
conjunction with Palm Beach County Board of County Commissioners.
........-,................--. . ......... ..' .. ...........-. n.un....AJI...Qltll3.r....t~r.ml5..?!Jcj..<;:9..!!g!.ljQlJ.~..QfJN!?I?.Q.l!~y...[~f.l1a.i.fl..\:!f.1~Ji.~[lg.~.,............ .................n.......'.nn.... ... ......... .................... ..... ...n.......
CERTIFICATE HOLDER
Should any of the above described policies be cancelled before the expiration
Palm Beach County Board of County date thereof, the issuing company wilt endeavor to mall 30 days written notice to
the certificate holder named to the left. but failure to mail such notice shall impose
CommiSSioners no obligation or liability of any kind upon the company, its agents or
Risk Mgt. Dept. representatives.
160 Australian Dr. . .
West Palm Beach, FL 33406 J/' I]
Attention: Richard Cohen ..
Authorized Signature: ,/' Ab..-..--L ~>>.I_~..
Sandra M. Donaghy
.-
Meadowbrook Insurance Group
VI.-CONSENT AGENDA
ITEM C.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
D December 16. 2008 December I, 2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) X March 17, 2009 March 2. 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7,2009 March] 6, 2009 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve Change Order # 1 to Glatting Jackson, Inc., the
consultant for Congress Avenue Community Park in the amount of $48,685. due to the addition of an
interactive fountain element, additional requirements by South Florida Water Management District
(SFWMD) for permitting, and the inclusion of the public artist in the Glatting Jackson contract.
EXPLANATION: Glatting Jackson, Inc, was originally contracted by the City to develop design,
permitting, bidding and construction drawings and specifications for the first phase development of
Congress Avenue Community Park in October 2007. Our contract with Glatting Jackson, Inc is for
$273,200 (approx. 11 % of the estimated construction cost). Since that time, several events have
occurred that caused Glatting Jackson to perform additional work.
. Interactive Fountain Construction Documents - As part of the 2002 $50M Palm Beach County
Recreational and Cultural General Facilities Bond Fund, Former Commissioner Bob Kanjian
allocated $150,000 towards the development of an interactive water feature. Glatting Jackson
will provide design services for the fountain to be added to the 100% Construction Document set.
. SFWMD Permit Coordination - SFWMD is requiring a conservation easement for the wetland
areas. Glatting Jackson will create the required mitigation and monitoring plan and permit
documents to satisfy this requirement.
. Additional Field Work to Determine and Flag Wetland Jurisdictions - Additional time was
required by Glatting Jackson to conduct field work due to missing or removed flags that outlined
the perimeter of the wetland.
. Additional Master Plan Revisions - Due to the relocation of the future therapeutic center and
additional input at design meetings made in the construction document process, additional master
plan revisions were necessary. The relocation was necessary due to site constraints.
. Additional Public Art Coordination - Initially, the public art element of the project was going to
be contracted to an artist directly by the City. Because of the necessary coordination of the art
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
with the construction documents. it was determined that the artist would become part of Glatting
Jackson's design team rather than a separate entity,
PROGRAM IMPACT: The changes will result in a better designed park for future development. the
incorporation of public art into the park elements. the addition of an interactive fountain in which
children with all abilities can play, and an enhanced and protected wetland,
FISCAL IMPACT: The project is budgeted in the 08/09 CIP for $2.900.000. With the addition of the
$150.000 from Palm Beach County for the water feature. the revised project budget is $3,050,000.
ALTERNATIVES: Without these changes. South Florida Water Management District \\oill not
approve a permit for construction of the park and the fountain feature will not be completed.
~.._,..-
~, "...., , l c...-~-t
Departme~d's Signature - . City Manager's Signature
Assistant to City Manager
Recreation and Parks \ . --
~ --~-
Department Name City Attorney.' Finance
S \13liLLETIN\FURMSAliFND'!\ ITFM REQl'EST FORt\1 DOL
. .
II
1 II
2 RESOLUTION NO. R09- t/ =.;3
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE
7 CHANGE ORDER NO. 1 TO GLATTING JACKSON,
8 INC., CONSULTANT CONTRACT FOR CONGRESS
9 AVENUE COMMUNITY PARK IN THE AMOUNT OF
10 $48,685.00; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission upon recommendation from staff, deems it
13 appropriate to approve Change Order No.1 to Glatting Jackson, Inc., Consultant Contract for
14 Congress Avenue Community Park in the amount of $48,685.00 due to the addition of an
15 interactive fountain element, additional requirements by South Florida Water Management
16 District for permitting and the inclusion of the public artist.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
22 Section 2. The City Commission of the City of Boynton Beach, Florida does
23 hereby approve and authorize and direct the City Manager and City Clerk to execute Change
24 Order No.1 to Glatting Jackson, Inc., Consultant Contract for Congress Avenue Community
25 Park in the amount of $48,685.00, a copy of which is attached hereto as Exhibit "A".
26 Section 3. This Resolution shall become effective immediately upon passage.
27
:\CA\RESO\Agreements\Change Orders\Congress Avenue Community Park Change Order #1.doc
1 i PASSED AND ADOPTE.U this day of March. 2(JO<..i
!
\
2 :
I
3 I CITY OF BOYNTON BEACH. FLORIDA
4 I
5 i
6 I ~,------- ---...----.. -
Mayor - Jerry Taylor
!
7
8
~-~--_. ---.---.------------
9 Vice Mayor - Jose Rodriguez
10
11
-~._-- -~--- -~---~--
12 Commissioner ~ Ronald Weiland
13
14
'---~---~'- --
15 Commissioner - Woodrow L. Hay
16
17
---~~,--_.-
18 Commissioner ~ Marlene Ross
19
20 ATTEST:
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27 (Corporate Seal)
28 ' I
29 II
30
I
I
II
II
I
I
I
, i
II
I!
I
I
I,
I;
I
I S:\CA\RESO\Agreements\Change Orders\Congress Avenue Community Park Change Order #1 doc
I
,
,
!
I
EXHIBIT" A"
Congress A venue Community Park
Consulting Contract with
Glatting Jackson, Inc.
Change Order No.1
Includes Task 1 and Task 2
TASK 1 .,1:' u ,~f ,I ~5 -5
' -
[C GlATTING JACKSON KERCHER ANGLIN
We Plan and Design ADDITIONAL SERVICES TO LETTER OF AGREEMENT
Livable Communities
JaCK f Glatt1ng. Foundel December 23, 2008
William J Anglin, JI
David L Barth Ms. Jody Rivers, Parks Superintendant
Gregory A. BrylJ City of Boynton Beach
Dan E. Burden
~harles P. Cobble 100 E Boynton Beach Blvd
Jay H. Exurn Boynton Beach, FL 32425
CMey S. Hayo
Jay R. Hood Re: City of Boynton Beach Congress Avenue Park
Timothy 1. Jackson
William C I(ercher, JI GJ Project No. 20074.0
Walter M Kulasl1
Brent A. Lacy Dear Jody,
Sharon K. Lamantia
Ian M. Lockwood
Frances E. Marino Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) is pleased to provide the scope of
Thomas J McMacken. JI.
John H. Percy services outlined below to the City of Boynton Beach (Client) as an Additional Service to our
1 roy P. Russ Scope of Services dated August 24, 2007. All services will be provided under the terms and
Peter C. Sechler conditions of the above-referenced Agreement and any approved amendments or modifications
Donald G. Wishart
thereto.
As we have discussed, Glatting Jackson has incurred $18,485.00 in unanticipated costs during the
planning and design process for Congress Avenue Park. We have tried to absorb these costs, but
are now significantly over budget for the project. Therefore we are submitting this Additional
Services request for your review.
Specifically, we exceeded the fee budget in the following three areas: fieldwork to detennine and
flag wetland jurisdictions; master plan revisions; and public art coordination.
SCOPE OF SERVICES
1. Additional Field Work to Determine and Flag Wetland Jurisdictions ~ Paragraph 2.4 of
our original Scope of Services (Attachment A) states that "Wetland jurisdiction information
will be based on the information previously prepared by Glatting Jackson. Any additional
field work needed to determine or flag wetlands jurisdictions shall be completed as an
1389 Peachtree Street, NE additional service to this Agreement." Glatting Jackson spent an additional 24.75 hours
Suite 310 conducting field work due to missing or removed flags.
Atlanta, GA 30309
P.404 541 6552 2. Additional Master Plan Revisions - Paragraph 2.8 of our original Scope of Services states
152318thSt "the Glatting Jackson Project Team shall prepare schematic development plans based upon the
SUire 101 master plan design and budget prepared previously." At the beginning of the project,
Denver, CO 80202 however, the City and the design team decided to significantly revise the Master Plan due to
P 303 524 3090
the lack of funds to construct the Boundless Center. Glatting Jackson spent an additional
120 North Orange Ave 87.75 hours on master plan revisions due to the relocation of the Boundless Center, attendance
Orlando, FL 32801 at additional meetings, and City approvals prior to beginning schematic development plans.
F' 4078436552
.~22 ClematIs. Street
SUire 200
West Palm Beach. FL 33401
P 5616596552 Glalling Jackson Kercher Anglin, lnc
www.glattlng.com Page f f)f:
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3. Additional Public Art Coordination - Glatting Jackson included $10,000.00 in our original
budget for a Public Art subconsultant, Beth Ravitz, to advise us regarding opportunities for
public art. The City subsequently hired Beth under a separate contract to design and fabricate
several public art installations for the project, which has required 14.25 hours of additional
public art coordination.
Deliverables - As a result of these tasks, Glatting Jackson shall produce:
. Wetland jurisdiction determination
. Revised Master Plan and approvals
. Additional public art coordination
PROJECT SCHEDULE
Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to
comply with an agreed upon schedule.
COMPENSATION
The fee for the Scope of Services detailed above shall be a lump sum fee of $18,485.00, including
direct costs.
If you find these terms acceptable please sign where indicated below and return one signed original to
Glatting Jackson for our files. Thank you for your consideration of this request; please call me if you
have any questions.
Attachments: A. Original Scope of Services (August 2, 2007)
B. Back-Up Documentation for Additional Services (September 18,2008)
AGREED TO AND ACCEPTED BY:
City of Boynton Beach Glatting Jackson Kercher Anglin, Inc.
By: By: (fhcuNJ ~.
Sharon K. Lamantia
Its: Its: Vice President
Date: Date: December 23. 2008
Glalting Jackson Kercher Anglin, lnc,
Page 2 of2
TASK 2 ~-3
,/ ,_..'."'?J _
[C GlATTING JACKSON KERCHER ANGLi!\1
We Plan and Design ADDITIONAL SERVICES TO LETTER OF AGREEMENT
Livable, Commurlitie
, iclttins;.. f'IU'lCk'1 January 6, 2009
JI/illifil,)) r'"nq)ln,_n Revised: February 17, 2009
! It11-th
Ms. Jody Rivers, Parks Superintendant
,.,ht:.ir-, City of Boynton Beach
100 E Boynton Beach Blvd
;-'j(JI!i; Boynton Beach, FL 32425
i"lIJ-,Otl'l\: , I.",
Re: City of Boynton Beach Congress Avenue Park
GJ Project No. 20074.13 and .14
Dear Jody,
rhorn,\' j 1\,\., !\i\.\! kt"\, j\ Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) is pleased to provide the scope of
fJ
)' ~ I services outlined below to the City of Boynton Beach (Client) as an Additional Service to our
Scope of Services dated August 24,2007. All services will be provided under the terms and
conditions of the above-referenced Agreement and any approved amendments or modifications
thereto.
Glatting Jackson has been requested to provide additional services for the addition of an
interactive water feature to the project construction documents and to respond to a Request for
Additional Information (RA!) as part of the South Florida Water Management Distnct (SFWMD)
Environmental Resource Permit (ERP) process for Congress A venue Park,
SCOPE OF SERVICES
Task.13 Interactive Fountain Construction Documents - Glatting Jackson, working \vlth our
sub-consultants, Michael B. Schora & Associates, Electrical Design Associates, Roy-Fisher
Associates and Beth Ravitz, shall provide design services for the development of an interacti ve
fountain to be added to the 100% Construction Document Set. This work shan include
. Design concepts (3 alternatives)
. Meet with Client, select final design
i ~~;.,;q ~,trept NE Prepare details, specifications and cost estimate and incorporate into 100% CD set for the
.
';.1'1
'\i.LHiL \. IA 30Jnl1 entire project
'-'t1
,I Deliverables - As a result of these tasks, Glatting Jackson shall produce.
;'Ult~' i 'i :
~ ) '-'n '~,~ BO~C:,_ . Design Concepts in electronic pdfformat
ii -;,': ~ (V_)I ; Final Concept in electronic pdf format
.
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Glatting Jacksoll f(ercher Anglin, /11<
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Task .14 SFWMD ERP Coordination -Glatting Jackson will assist our sub-consultant,
Michael B. Schorah & Associates, in permitting the project with the SFWMD. This work will
include two (2) meetings with SFWMD staff in order to respond to the existing request for a
conservation easement and one additional response to a Request for Additional Information
(RAI). This response will require the preparation of permit documents and exhibits that quantify
the hydrologic impact to wetlands where the gradient criteria cannot be met. In lieu of the
installation of an impermeable liner, Glatting Jackson will create a mitigation and monitoring
plan to offset this unavoidable hydrologic impact. Both the hydrologic impact area and the
proposed mitigation area will be analyzed using the Uniform Mitigation Assessment Method
(UMAM). The results of this analysis will be included in the Mitigation and Monitoring Plan,
This detailed comprehensive plan will establish a phased approach to mitigation in an effort to
allow the city to obtain grant funds to offset the exotic species eradication requirements. Areas
proposed for mitigation within the Park will need to be protected by the recordation of a
conservation easement. The proposed language of the easement that encumbers these areas will
be negotiated as a part of this permitting process and will likely require approval by the City
Council. We anticipate receiving an additional RAI subsequent to the development of a response
to the existing RAI and this is likely to require an additional site review with the SFWMD.
Glatting Jackson ecologists will lead this review and work with the SFWMD to address the issues
identified in this additional RAI process.
Deliverables - As a result of these tasks, Glatting Jackson shall produce:
. Response to the existing and to one (1) anticipated RAI that details the mitigation and
monitoring plan
PROJECT SCHEDULE
Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to
comply with an agreed upon schedule.
COMPENSATION
The fee for the Scope of Services detailed in Task .13, shall be a lump sum fee of fifteen thousand
dollars ($15,000.00), including direct costs.
The fee for the Scope of Services detailed in Task .14, shall be a lump sum fee of fifteen thousand
two hundred dollars ($15,200.00), including direct costs.
If you find these terms acceptable please sign where indicated below and return one signed original to
Glatting Jackson for our files. Thank you for your consideration of this request; please call me if you
have any questions.
Glatting Jackson Kercher Anglin. Inc.
Page 2 of 3
[C
AGREED TO AND ACCEPTED BY:
City of Boynton Beach Glatting Jackson Kercher Anglin. Inc.
By: By: tffitJ-P/iIl/ UIi.M1 CU. .2--
Sharon K. Lamantia
Its: Its: V ice President
Date: Date: February 17,2009
(;'{atting Jackson Kercher Anglin. {II,
Page 3 (Jf
VI.-CONSENT AGENDA
ITEM C.S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) [8J March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the City Manager to sign the February 6, 2009 proposal from Government
Services Group, Inc., (GSG) to update the data required for the maintenance and potential continuation of the Fire
Assessment Program for Fiscal Year 2009/2010.
EXPLANATION: GSG has worked with the City to develop and implement our successful Fire Assessment Program
since Fiscal Year 2001/2002. This year, staff took the initiative to negotiate a lower fee from GSG and, at the same
time, receive competing proposals from three (3) other consulting firms experienced in updating and maintaining Fire
Assessment Programs in Florida. After reviewing all proposals, staff recommends continuing with GSG for the
following major reasons: (a) most experienced firm, (b) detailed familiarity with the City of Boynton Beach, and (c)
lowest base fee.
PROGRAM IMP ACT: Since implementing the Fire Assessment Program, the fire assessment revenues have improved
fire service and response times through supplementing personnel services and operating expenses of the Fire
Department. In addition, the fire assessments provided for acquisition of (a) land and land improvements, (b) fire
station improvements, replacements and additions, and (c) equipment.
FISCAL IMP ACT: Since implementation, fire assessment revenues have approximated $21 million (including 53.5
million in the current FY 2008/2009 ftscal year) to supplement the improved and continuing level of outstanding fire
protection services in the City. Without those funds, those improvements could not have beeR accomplished or would
have resulted in higher ad valorem property taxes to accomplish the fire program improvements.
AL TERNA TIVES: If the fire assessment were not continued at least at the same level, either (a) ad valorem property
taxes would need t be increased by approximately 0.7300 bring the total tax rate to 7.1853 based on most recent
property valua . ns 0 (b) the City budget be decreased an additional 53.5 million.
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R09- 05'/
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE CITY MANAGER TO EXECUTE THE
6 PROPOSAL OF SERVICES FOR THE POTENTIAL
7 CONTINUA TION OF THE FIRE ASSESSMENT PROGRAM
8 FOR FISCAL YEAR 2009/2010 WITH GOVERNMENT
9 SERVICES GROUP, INC. IN THE AMOUNT OF $17,500.00;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, City staff has received four (4) proposals from consulting firms
13 experienced in updating and maintaining Fire Assessment Programs in Florida: and
14 WHEREAS, staff was able to negotiate a lower fee from Government Services
i Group, Inc., (GSG) and recommends continuing with GSG as they are the most experienced
151
16 firm, have detailed familiarity with the City of Boynton Beach and has the lowest base fee:
I
17 and
18 WHEREAS, contracting with GSG will preserve the progress that has been made to-
19 date in the data collection/maintenance of this program.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
I!
I
24 I hereof.
I
25 I Section 2. The City Commission of the City of Boynton Beach, Florida does
26 I hereby approve and authorize the City Manager to execute the proposal of services \vith
I
27 I Government Services Group, Inc., in the amount of $17.500.00 for the potential continuation
i
I
28 I and updating of data required to maintain the Fire Assessment Program for 2009-1 (). a cup)
!
I
,
S.ICAIRESO\Fire Assessment Resos\Fire Assessment Scope of Services 09-10 GSG doc
: I
111 of which is attached hereto as Exhibit "A".
I
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of March, 2009.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23
24
25 Janet M. Prainito, CMC
26 City Clerk
27
28
29
30 (Corporate Seal)
31
32
S:\CA\RESO\Fire Assessment Resos\Fire Assessment Scope of Services 09-10 GSG.doc
If> c y- cS .:.-/
G S G ;Jt)ljC ~~'. C1. i
'..! (:;i(,:
F~r\~..'if '~i <...,[ ;...'\,':(::-:- .",p(:" r: I'<C
February 6,2009
Via Electronic Mall
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: City of Boynton Beach - Fire Rescue Services Assessment Program: Revised Continuing
Services Proposal
Dear Mr. Bressner,
As you know, Government Services Group, Inc. (GSG) originally assisted the City of Boynton Beach (City) in
successfully implementing a fire rescue assessment program in 2001, and since its initial year, we have
assisted in the maintenance of the annual assessment program on behalf of the City.
However, when the assessment program was initiated in 2001-02, the City made the decision to "sunset"
the assessment program effective Fiscal Year 2008-09. Therefore, in order for the City to continue to use the
annual recurring revenue source, it was required to implement a new fire rescue assessment program for
Fiscal Year 2008-09. GSG is pleased to have once again assisted the City in developing and successfully
implementing this recurring revenue source. As such, we believe that the City would benefit from a
continuation of our services.
In order to continue this relationship and the achievements realized thus far, attached as Appendix A is our
proposed scope of services, fees, project deliverables and payment schedule to assist the City in the annual
maintenance of the fire rescue assessment program for Fiscal Year 2009-10. Please note that Appendix A
has been revised from our original proposal dated October 16, 2008 and our December 1. 2008 proposal at
the request of the City's Finance Director.
Please review the attached scope of services and upon review and satisfactory determination, please sign
where indicated to acknowledge acceptance of the scope of services and to serve as proper notice to
proceed. Upon execution, please provide us with a signed copy for our files.
As we are currently preparing our schedule for the upcoming assessment season, we would appreciate your
prompt reply, which will help us to accommodate your program's schedule and ensure the continuation of
this successful recurring revenue source.
Mr. Kurt Bressner
February 6, 2009
Page 2
If you have any questions, please do not hesitate to contact me. We look forward to working with the City of
Boynton Beach again this year.
Sincerely,
!' . j' 1~:~":5.;-'7 i'
.-t~J..~- ~t..J.
--
Sandi Melgarejo
Project Coordinator
sm
ACCEPTED AND AGREED TO APPENDIX A
By:
City of Boynton Beach Date
ACCEPTED AND AGREED TO APPENDIX B
By:
City of Boynton Beach Date
Appendix A
FIRE RESCUE ASSESSMENT PROGRAM MAINTENANCE
FISCAL YEAR 2009-10
REVISED SCOPE OF SERVICES
Scope of Services
MAINTENANCE OF FIRE SERVICES ASSESSMENT PROGRAM
Task :L: Base Retainer Services for Current Fiscal Year Assessment Program Upon notice to proceed,
GSG will be retained to administer the current fiscal year assessment program and maintain
the assessment roll database. Such retainer services will include GSG's availability to respond
to requests for information or assistance from City staff regarding all aspects of the current
assessment program. In addition, GSG will prepare the critical events schedule for the
upcoming fiscal year to ensure adherence to statutory deadlines and will maintain the current
fiscal year database in a manner that ensures data availability to specific requests.
Task 2: Update the Preliminary Assessment Roll GSG will import updated Property Appraiser data to
construct the preliminary annual assessment roll for the assessment program. Corrections
fr?m the City will be applied to the updated data. GSG will then create the assessment roll by
programmatically applying the business rules to the data and extending the rates to the
affected tax parcels according to the methodology.
Task 3: Pro-Forma Rate Scenarios As requested by the City, GSG will provide rate-scenarios to assist
in budget analyses and assessment program planning.
Task 4: Final Rates GSG will calculate/confirm the proforma schedule of rates based on the
apportionment methodology and revenue requirements for the Fiscal Year 2009-10
assessment program.
Task 5: Preliminary and Annual Assessment Resolutions GSG will advise and assist the City's legal
counsel in drafting the implementing assessment resolutions that conform to the existing fire
rescue assessment ordinance and the City's policy decisions.
Task 6: Implementation Advise and assist with the requirements for the adoption of the annual
assessment rate resolution and certification of the assessment roll in accordance with Section
197.3632, Florida Statutes, including;
(a) Produce Notice Roll and Data Exports After verification of final rates for the
assessment program, GSG will create the notice roll by appfying the rates to the
assessment roll. GSG will then produce the data exports needed for the production of TRIM
notices. Data exports for TRIM notices will be transmitted as necessary to the Tax
Collector's office, per their specifications.
(b) Development and DIstrIbutIon of First Class NotIce Ac;sist the City in developing the
first class notice and its distribution to any affected property owners.
Task 7: Create Final Assessment Roll GSG will update the assessment roll with any corrections and
updates received from the City. Rnal rates will be verified and extended to the updated data in
order to create the final assessment roll. The final roll will be provided to the City.
Task 8: Certify, Export and Transmit the Final Assessment Roll In Conformance with Uniform
Method Using the final assessment roll, GSG will prepare export files on compatible electronic
medium capable of merger with the ad valorem tax roll files and will transmit the file to the Tax
Collector in the prescribed format.
Government Services Group, Inc. I A-l
FEES AND COSTS
For the professional services and specialized assistance described in the proposed Scope of Services, GSG's
fee for professional services will be $17,500. Except as noted below, the fee includes reimbursement for all
out-of-pocket expenses related to photocopying, express mail delivery and telephone charges.
The fee for professional services does not include anyon-site visits by GSG staff to the City. Anyon-site
meetings may be arranged at our standard hourly rates provided below. All expenses related to on-site
meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site
visits, periodic telephone conference calls may be scheduled to discuss project status.
The standard hourly rates for GSG are as follows:
GOVERNMENT SERVICES GROUP, INC.
Ch ief Executive Officer ... ............... ....... .................................. ................... $225
Senior Vice President ......................................,......................................... $175
Vice President.. ... .......... ..... ..... ...... ..... ......................... ............................... $160
Senior Project Manager/ConsultanVProject Coordinator ...................... $160
ConsultanVDatabase AnalysVTechnical Services ........................ .......... $130
Adm inistrative Support................................................. ........ ............... ...... $ 50
The lump sum fee does not include the costs of producing and mailing the statutorily required first class
notices. Mailing and production costs depend on the number of assessable parcels of property within the
assessment program area, but average approximately $1.28 per parcel. Payment of mailing and production
costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic
notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S.
postage rates increase prior to mailing, the additional postage per notice will be charged.
The City is responsible for any and all newspaper publications, including, but not limited to, making
arrangements for publications and any costs associated therewith.
The City is also responsible for any costs incurred to obtain information from the property appraiser or other
public officials that is necessary for the assessment program.
Please note that GSG works with the premise of developing and implementing assessment programs with an
eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any
defense. Nonetheless, the fees outlined above for professional services do not include any provision for
litigation defense. Accordingly, in the event there is a legal challenge, both firms would be available, on an
hourly basis, to assist the City in its defense.
__._.________________~_ _~'__M__'.._._'. -.-.--.~_.
Government Services GrouP. Inc
PAYMENT SCHEDULE
The lump sum fee for professional services and specialized assistance will be due and payable, based on
the following schedule and assuming that notice to proceed is received by February 2009. If notice to
proceed occurs after this date, the payment schedule will be condensed over the anticipated number of
months remaining to complete the project.
Schedule Payment
April 2009 25% of professional fee - $4,375
June 2009 25% of professional fee - $4,375
August 2009 25% of professional fee - $4,375
September 2009 25% of professional fee - $4,375
DEUVERABLES SCHEDULE
Deliverable Schedule
Notice to Proceed February 2009
Ongoing Retainer Services As Needed
Develop Preliminary Assessment Roll May - June 2009
Calculate Rates June 2009
Preliminary Rate Resolution June 2009
Prepare Assessment Roll June-July 2009
TRIM/First Class Notices July - August 2009
Published Notice July - August 2009
Annual Rate Resolution August-September 2009
Certify Fiscal Year 2009-10 Assessment Roll by September 15, 2009
Government Services Group, Inc. I A-3
HOURS AND FEES MATRIX
----_.__.,--~_...__._,-~-_._-,-_._--_._---_.__._._- ---.-.
Task Total Hours Total Fees
--_.._------_._..,--_.~-_. .. ..-----
Task 1- Base Retainer Services for Current FIscal Year Assessment Program
Chief Executive Officer 0 $0
Senior Vice President 4 $640
Vice President 2 $320
Senior Project Manager/Consultant/Project Coordinator 16 $2.560
Consultant/Database AnalystjTechnical Services 8 $1.280
Administrative Support 0 $0
Task 1 Total 30 $4,800
Task 2 .. Update Preliminary Assessment Roll
---_._._------"._-------~
Chief Executive Officer 0 $0
Senior Vice President I] $0
Vice President 0 $0
Senior Project Manager/Consultant/Project Coordinator 4 $640
Consultant/Database AnalystjTechnical Services 32 $5.120
Administrative Support 0 $0
Task 2 Totals 36 $5,760
Task 3 - Pro.Forma Rate Scenarios
Chief Executive Officer 0 $0
Senior Vice President 0 $0
Vice President r' $0
.)
Senior Project Manager/Consultant/Project Coordinator 4 $640
Consultant/Database AnalystjTechnical Services 4 $640
Administrative Support 0 $0
Task 3 Total 8 $1,280
--"-"-
Task 4 .. Final Rates
._~..._------- -,._--~--_.-
Chief Executive Officer 0 $0
Senior Vice President () $0
Vice President u $0
Senior Project Manager/Consultant/Project Coordinator 4 $640
Consultant/Database AnalystjTechnical Services .c $320
Administrative Support 0 $0
Task 4 Totals 6 $960
--~---_.- ~~ --- --_.----._-~~.- __ __ ____.._____...___ _.____.n_ _
__________.______ .._.__u__
Task 5.. Preliminary and Annual Assessment Resolutions
---.---.....------
Chief Executive Officer 0 $0
Senior Vice President 0 $0
Vice President 0 $0
Senior Project Manager/Consultant/Project Coordinator 4 $640
Consultant/Database AnalystjTechnical Services 0 $0
Administrative Support 0 $0
Task 5 Totals 4 $640
___M --
---'~-'-"------"---------'-'--_.- ----.-- _On' _...~....,.
Government Services Group. Inc.
Task Total Hours Total Fees
Task 6 - Implementation
Chief Executive Officer 0 $0
Senior Vice President 0 $0
Vice President 0 $0
Senior Project Manager/ConsultanVProject Coordinator 4 $640
ConsultanVDatabase Analyst/Technical Services 8 $1,280
Administrative Support 0 $0
Task 6 Totals 12 $1,920
Task 7 - Create Final Assessment Roll
Chief Executive Officer 0 $0
Senior Vice President 0 $0
Vice President 0 $0
Senior Project Manager/ConsultanVProject Coordinator 2 $320
ConsultanVDatabase Analyst/Technical Services 6 $960
Administrative Support 0 $0
Task 7 Totals 8 $1,280
Task 8 - Certify, Export and Transmit the Final Assessment Rollin Conformance with Uniform Method
Chief Executive Officer 0 $0
Senior Vice President 0 $0
Vice President 0 $0
Senior Project Manager/ConsultanVProject Coordinator 0 $0
ConsultanVDatabase Analyst/Technical Services 4 $640
Administrative Support 0 $0
Task 8 Total 4 $640
Total Professional Fees 108 $17,280
Expenses $220
Grand Total $17,500
Government Services Group, Inc. I A.5
Appendix B
ADDITIONAL SERVICES
Additional Services
ON-SITE VISITS
Anyon-site meetings may be arranged at our standard hourly rates provided below. All expenses related to
on-site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of
on-site visits, periodic telephone conference calls may be scheduled to discuss project status.
GSG's estimated fee for professional services and travel related expenses for one (1) on-site visit to the City
is $2,000.
MAlUNG OF FIRST CLASS NOTICES
In previous years, the City was required to use the Truth-in-Millage (TRIM) notice to provide notice of special
assessments pursuant to a special act that pertained to Palm Beach County. The amendment to this special
act provides that use of the TRIM notice satisfies the mailed notice requirement of section 197.3632,
Florida Statutes unless the assessment is levied for the first time, the boundaries change, the purpose
changes or the rate exceeds the maximum rate.
Because of this amendment and based on our discussions with the Palm Beach County Property Appraiser's
office in June 2008, it was recommended that the City proVide additional first class mailed notice to property
owners regarding the proposed fire special assessment for FY 2008-09.
Should the City be required to mail first class noticed to affected property owners for FY 2009-10, GSG will
assist the City as follows:
. Assist the City in developing the first class notice;
. Merging the pertinent assessment roll information into the notices;
. Printing and preparing the notices to be mailed; and
. Mailing the notices by first class mail.
Mailing and production costs depend on the number of assessable parcels of property within the
assessment program area. GSG's fee for this service is $1.28 per mailed first class notice, which includes all
out-of-pocket expenses such as postage, envelopes, copy charges, etc. For non-domestic notices, mailing
charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates
increase prior to mailing, the additional postage per notice will be charged. Payment of mailing and
production costs is due at the time of adoption of the initial assessment resolution or like document.
NO RATE INCREASE
Should the City not increase the fire assessment rates for FY 2009-10, first class notices will only need to be
mailed to newly affected property owners. Based on FY 2007-08 information, the amount of new parcels
that would need to be noticed would be in the 250 to 500 range. GSG's fee for mailing 500 first class
notices would be approximately $640.
Government Services Group, Inc. I B-1
RATE INCREASE
Should the City increase the fire assessment rates for FY 2009-10 above the maximum rates noticed
in August 2008, the City would be required to re-notice all property owners. Based the FY 2008-09 fire
assessment roll, the City would be required to mail approximately 31,000 first class notices. GSG's fee
for mailing 31,000 first class notices would be approximately $39,680.
. --_._-~._-~.. ---------' -- ..-
Government Services Group. Inc.
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Cornmission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16,2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) [8J March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon) S!
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RECOMMENDATION: Motion to reduce the cash bond in the amount of $33,000. by 90% for the balance of site
improvement of the WATERSIDE VILLAGE PUD development. This will leave the remaining amount of$3,300 to be held
by the city for a period of one (1) year from date of this approval as the warranty on the site development as to address those
minor items remaining to be performed.
EXPLANATION: Improvements adjacent to south Federal Highway (US #1) remain to be performed. The remaining
amount should be suffIcient to cover these tasks. Attached is a copy of the city's letter to the consultant and their reply dated
February 16,2009. agreeing with the city's requirement.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: None
ALTERNATIVES: Keep the original bond in leave for the one (1) year warranty period.
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, Assistant to City Manager ~
Public Works / Engineering Division
Department Name City Attorney / Finance
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February 16, 2009 planrdng C\ eons:,l"aclton :.-Hlmjnistraric,_n
Mr. H. David Kelley, Jr., P.E., P.s.M.
City Engineer
cm OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: WATERSIDE VILLAGE PUD
RECORD PLAT
Project Number 220953
Dear Mr. Kelley:
On behalf of Southern Homes of Palm Beach, LLC, we would like to accept your
proposal to reduce the site reclamation bond by 90% for the above referenced project
and hold the remaining 10% for a period of one year from the date of the authorized
reduction. Please process the reduction at your earliest convenience.
If you have any questions or require any additional information, please do not hesitate
to call our office.
Sincerely,
DEVELOf'M1tNT CONSULTING GROUP, INC.
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Carlos J, Ballbe, P.E.
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cc: Hector Garcia, S.H. COMMUNITIES
development consulting group, inc.
miami-dade <. 12855 SW 132 street. !'uite 21.,6 . miarni, fJorida :!J p<)i.iJ,~_~)~),,}q~ I) .. -;- ~1l,l:}.:":':/',.;
fo.rnlcdy Carlos ~L Railbe. P.A.
The City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742-6985
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
February 4,2009
Carlos J. Ballbe, PE
Development Consulting Group, Inc.
12855 SW 132"d Street - Suite 206
Miami, Florida 33186
Re: Waterside Village PUD
Record Plat Surety
Proj. No. 22-09-53
Dear Mr. Ballbe:
We are in receipt of your letter of January 15, 2009, on the above noted subject. Upon our
inspection of the project site, we find improvements adjacent to South Federal Highway (US
Highway One) to be incomplete. I refer you to lots 1 -15 and 28 - 36 per your record plat.
As SllCQ, I can authorize a reduction ofthe site reclamation bond (cashiers check) by 90% to wit,
the remaining amount will be $3,300 to be held by the city for a period of time up to one (1) year
from the date of the authorized reduction. If you agree with this reduction amount, please advise
me. At this point in time, you .are advised that our consent agenda item for this cannot be placed
of the City Commission's meeting agenda until their meeting of March 3, 2009.
If you have any questions on this matter, please contact me.
Sincerely,
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xc: Jeffrey Livergood, PE, Dif. of Public Works
Andrew Mack, PE, Engineer
Frantz LaFontant, Plan Reviewer/Inspection
file
A1If.ERIOA '8 GATEWA Y TO THE GULF8TREAM
-- --.-..-. ------
/' CITy OF BOYNTON BEACH. FLORIDA
.., General Fund
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Miscellaneous Deposits
September 30. 2008
Date Balance Transfer! Pefull'i Balanc:p
Received Received From Develooment Er9~~ 10/01106 R~~~!2 Refund Dale !.QL113.!97
1 05/01173 Russell House Movers 76.18 76.18
01103175 South Tech Education elr 369.28 369.28
04129/82 Lawson Industrial Park 1.000.00 1,000.00
08105/83 Ridge Point Woods Villas 1,000.00 1.000.00
10/06/83 Rainbow Grocery 723.50 723.50
09/13/84 PJ10n 6,250.00 6,250.00
OS/23/86 Walboyn Developmenl 29,600.00 29,60000
05/06/91 Brisben Companies lnc Casa Blanca Landscaping Improvements Surety 12.92500 12,925.00
11110/92 The Blue Lagoon 320.00 320.00
02103194 MIl Schottenstein Homes, Inc Jonathon's Grove Seeding/Mulching & Infrastructure Restorntion Bond 6.000.00 6,000.00
09/20194 Engle Homes/Palm Beach, Inc Quail Run Removal of the Sales Trailer 8. Related Appurtenances 2,500.00 2,500.00
09120/96 G.L. Homes of BB 11 Corp Nautica Sound Temp Sales Trailer - Restoration Bond 2.500.00 2,500.00
1 1122196 GL Homes Nautica Sound Surely - Landscaping Issues 5.000.00 5,000.00
07117197 Michels Pipeline Constr, lnc Constr 12" Water Line-Shore Dr Surety - Restoration of Damage to Public Facilities 5.000.00 5.000.00
05106/98 Senior LifestJ1e Mgrnt The Manors at Newport Place Surety - Restoration for Excavalion & Fill Project 14,850.00 14,850.00
05121/98 Chillingworth & Conway. PA West Industrial Avenue Surety - Restoration for Excavation & Fill Project 2.500.00 2,50000
03/11/99 ABC Liquors ABC liquors Surety-Restoration for Excavation & Fill Project 3.667.00 3,667.00
06/04/99 Boynton Bch flAausoleum llle Mausoleum Landscape Bond 2,450.58 2.450.58
11/16/99 Continental Homes The Lakes 9,326.63 9.326.63
06/07101 Colonial Bank Easl Ridge PUD 4,200.00 4.200.00
09/05/03 Nestor Francis Unkno'Nl1 Payment 2340 NW 81 St, Miami, Fl 33147 9.60 960
11124/03 Quantum Village TOMlllomes Canterbury at Quantum Park Surety - Excavation & Fill Work 430.02 430.02
03131/04 Southern Homes of Palm Beach IH LC Coastal Bay Colony PUD Restoration Surety 11,000.00 11,000.00
04122/04 Soulhem Homes of Palm Beach IIIlC Coaslal Bay Colony PUD Restoration Surety - Excavation & Fill Work 13,750.00 13.750.00
04/30104 Phegley Corp Largo POinte Subdivision Escrow Agreement - Site Restoration 3,710.46 3.710.46
05107/04 TRG-8oynton Beach, lid Marina Village Escrow - Mangrove Mitigation 80.000.00 80.000.00
06/02104 Weslbrooke Homes Monterey 6ay Surety - Restoration 32.670.00 32,67000
06124104 lennar Homes. Inc Carriage Pointe Surety - Restoration 962.50 962 50
05111/04 Edmond Devereaux Quantum Park. Lot 34C Surety - Restoration 5,100.00 5,100 00
11/03104 Southern Construction & Design Group 8ayfronl Surety - Excavation & Fill Pennit #04-39l'i 1 13,200.00 13.200.00
11105/04 Southern Homes of Palm Beach IIi l C Waterside Village PUD Pial review ree 3.000.00 3,000.00
11/09105 Boynton Beach Beach Snackbar Surety - Temporary CO 1.000.00 C ~~~,~,!!~
.01/10106" SoiJtliemHbmes of Palm Beach Waferside Vitlage PUD SUrel\t''Restoratidn- .' 33,000,00
03121/06 1950 Congress Ave.. LLC Boynton To'Nrl Center Excavation & Fin Pennit 10,810.95
08121/06 Sembler Company Boynton Town Center Record Plat Surety to guarantee installation & inspection of PRM's & PCP's 11.000.00 11,000.00
08124106 Boynton Beach eRA B.8.8. Extension Surety tor fmal!ift of asphalt to the 6.8.B Extension 20.000.00 20,000.00
08125106 New Century Boynton One Develop LL P Estates at Heritage Club Restoration Fee 26.554.00 26,554.00
08/26/06 Interstate Sign Crnfters pse 111 High Ridge Commerce Park Surely - Temporary CO 6,050.00 6,050 00
09130106 TRG Boynton Beach Marina Village Fee - in ~ Lieu of Parking 63.000.00 63,000 00
01/11/07 TRG Boynton Beach Marina Village Fee - in - Lieu of Parking 7.000.00 7,000.00
06127/07 Stiles Corp Children's Services Council Surely - Temporary CO 32,696.40 32,696.40
0711 0/07 Maudsley & Associates, lnc Forum Professional Center Surely - Temporary CO 11,000.00 11.000.00
07/12/07 Stiles Corp Children's Services Council Surely - Temporary CO 5,060.00 5.06000 ck#157063
08121/07 Holiday Illuminations, Ine Holiday lights and decoratlOns 3,603.00 3.603 00
08/27107 The Sembler Cornpany Boynton TOINfl Center (Buildlng F) Surely - Temporary CO 29,129.00 29,129.00
09/04/07 Whiting Turner Contracting Company Mboynton Beach Mall Surely. Temporary CO 13.100.00 13,100.00
10/04/07 Southern Homes af Palm Beach, LU: WatefSrde (bldg 10) 3063 WatefSide Surely - Temporary CO 30.98R 10 30.988 10 163371
10/12107 1 t1e Sembler Company Boynton Town Center (Building I) Surety ~ Certificate of Complel1orn 6,000.00 8.00000 04104/0R
10/12107 Tl1e Sernbler Company Total Wine & More (Bldg E) Surely - Temporary CO 6.70000 6,700 00 n410410B
11119/07 The Sembler Company linens N Things Surety - Temporary CO 6,000 00 6,00000 16:1369
11129/07 The Sembler Company Galeway Rrghl-of-Wav Permil #E-07-019 30,02500 ](].0250U
UL/29/0R
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E..
AGENDA ITEM REQUEST FORl\.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6,2009 December 15, 2008 (Noon) l: March 3,2009 February 17, 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) ~ March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDATION: Motion to accept the "Ocean Avenue Interstate 95 Project Alternate Access Route Study" Report
as prepared by the consultant, Stanley Consultants, Inc.
EXPLANA TlON: The City Commission passed Resolution #R08-056 at their April 15, 2008 meeting that authorized the
execution of a contract with Stanley Consultants, Inc. of West Palm Beach, FL for the above noted study report as cited in the
RFQ #008-2513-08/JA in the amount of$58,346. The Agreement with the consultant consummated in the middle of May
2008 and the "Notice to Proceed" with the study began on May 19,2008. Initial coordination meetings took place in June
2008 with the consultant and their sub-consultants.
Thru the next few couple of months, the Department of Public Works / Engineering Division took the lead in coordinating
with the consultant as the study progressed. The consultant's "scope of services" was modified in November 2008 as a result
of their discussions with the property owners affected by the proposed alternate access route study connecting with Morton
Way, the existing roadway located just north of the "Home Depot" complex. Meetings were held in December 2008 to
narrow down the tentative route options as presented by the consultant. The initial presentation report was prepared in
January 2009. Discussion with the Owner/Developer of the "Ocean 95 Project Property" were held to determine their
acceptance of the alternate access entering their project from the south rather than the existing Ocean Avenue railroad
crossing that was previously approved.
The City Commission adopted Resolution #R07-099 authorizing the approvals of an Agreement for mitigation of roadway
improvements between the City and the Developer of "Ocean 95 Exchange Plaza." This Agreement, signed August 23,2007,
established a new effective date for the project's development order to coincide with the execution of the Agreement. With
an effective date of August 23,2007 for the Development Order and an eighteen (18) month period to secure the necessary
building permits for the project, the approval will expire on February 23, 2009, without a request for a site plan time
extension.
The consultant wi!! be presenting their findings and report to you. In their report, they have submitted an "Opinion of
Probable Cost" slide noting that the alternate access route improvement for the roadway, railroad crossing, right-of-way, and
engineering fee could range from $1,490,000 to $1,825,000. The City Commission will need to make a recommendation as
whether the study should continue to the design phase or not. The City Commission is further advised that the consultant
received a letter from the developer of the Ocean 95 Project Property dated January 15,2009 stating that he is not willing "to
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
grant any [alternate access] easement at this time." The position of the Developer would appear to be a fatal flaw to the south
access route option.
PROGRAM IMP ACT: The original site plan and DO will have to be modified to allow for an alternate access route to
service the project.
FISCAL IMP ACT: Significant; funding for the alternate access route will be required to allow it to go forward AFTER the
developer allows (or grants an alternate access easement) to his approved site plan.
ALTERNATIVES: To allow the originally approved access route with the DO conditions to stand.
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Signature City Manager's Signature
Assistant to City Manager. Oi11V
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Public Works - Engineering Division
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ALTERNATIVE 1a
. No impact to Winchester property
. Parking deficit = 13 spaces
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AL TERNATIVE 1 b
. Modification to Ocean 95 site plan
. 40' of building = 1,990 sq. ft.
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ALTERNATIVE 1c
. Impact to Winchester parcel south
of Ocean 95 = 65' of property
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AltllOUgh I am not able to grant an easelnent, I am happy to explore alternative options to
help both. parties achieve a mutually beneficial outcome. Plea.se contact me at
954.609.384 t your earliest c()l1venience to set up a meeting to further di.scuss options,
- The_twWc:wttlll)'~,*,IOiDc:teae;
. The t!aImtezU will Depl:lvely Iffect the wi. of my property;
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954A09"J-' 100t _1ieat CClIIWIIico::e fO _ lip" lIIeCt&JttD further cI.$c::ues~.
6. Redesign Ocean ..... Develop Alternatives
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3. Railroad Design
Application
4. Ocean 95 .. Parking Variance
Improvements Site Plan Modification
Partial acquisition
(Winchester property)
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VI.-CONSENT AGENDA
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
0 December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December IS, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) [gJ March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to terminate the Maintenance Agreement with the Quantum Community Development
District and the City of Boynton Beach for maintenance services on Gateway Boulevard and High Ridge Road.
EXPLANATION: On February 6,2001 the City of Boynton Beach entered in to a Maintenance Agreement (copy attached)
with the Quantum Community Development District (QCDD) for maintenance services on Gateway Boulevard and High
Ridge Road. This Agreement requires that the QCDD perform landscape maintenance of medians including various
components of maintenance such as grass mowing, mulching, weed control and irrigation as outlined. The cost to the City
each year is based on 28.5% of the District's annual budget. Current quarterly payments are $20,792.80 for an annual total of
$83,171.20.
In an effort to reduce fiscal year budget expenses the Public Works Department has determined that the Forestry & Grounds
Division can significantly reduce the annual maintenance cost and provide the maintenance of the medians through utilization
of the maintenance bid currently in place with the City. The lowest annual cost proposal for maintenance of the medians
covering the same area is $10,314.70 annually. This is an annual savings of $72,856.50. A one time estimated cost of
$35,000 to the City would be needed for irrigation upgrades to ensure the City has control of the water flow for the medians
and the right of way. Additionally the City would be responsible for paying water usage for seven (7) medians at an estimated
$10,000 annually unless we are able to arrange withdrawal from the E4 Canal.
According to the Term's of the Agreement the City may terminate this Agreement at the end of any fiscal year, upon six (6)
months prior written notice. Staff is recommending termination and would take over maintenance of the area beginning on
October 1,2009.
PROGRAM IMP ACT: City would take over maintenance of medians utilizing the landscape maintenance contract. This
would allow better control of the area.
FISCAL IMP ACT: First year estimated savings would be $27,856 ($1O,314/annua1 contract maint. + estimated $35,000
irrigation upgrades + estimated $1O,000/annua1 water usage minus $83,171 for District Agreement Fee).
Second year estimated savings would be $62,000 ($1 0,314/annua1 contract maint. + estimated $1 0,000/annua1 water usage
minus $83,171 for District Agreement Fee)
ALTERNATIVES: Continue maintenance under the current Maintenance Agreement with Quantum Community
Development District.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
J ,.-/ ~ /1
~( ~......-...- . ~,. J/ L<-.~~~--
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ignature . City Manager's Signature
fvb\, c .vj{) {t(S Assistant to City Manager ~_
--
Department Name City Attorney i Finance
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
-\ --
d? () /-0 </
!\1AINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (the "Agreement") dated this .:t - t;,--t) I
day of January, 2001 (the "Effective Date") by and between CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with offices located at 100 E. Boynton Beach
Boulevard, -Boynton Beach, Florida 33435, (hereinafter referred to as the "City"), and
QUANTUM COMMUNITY DEVELOPMENT DISTRICT, a Florida Independent Special
District, with offices located at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach,
Florida 33426, (hereinafter referred to as "District"), provides as follows:
WHEREAS, the District was created by the City of Boynton Beach, Florida, pursuant
to the Uniform Community Development District Act of 1980 (the "Act"), Chapter 190, Florida
Statutes, as amended, as a community development district for the purposes of managing the
acquisition, construction, maintenance and operation of a Planned Industrial Development also
known as Quantum Corporate Park; and
WHEREAS, the District is providing services and benefits of infrastructure without
charge to, and for the benefit of, the Boynton Beach High School in Quantum Park, and such
services and provisions are a benefit to the Boynton Beach Community; and
WHEREAS, Gateway Boulevard and High Ridge Road North of Gateway Boulevard
(hereafter all referred to as "Gateway") are public roads located within the District and are a
benefit to all the residents of the City; and
WHEREAS, the District has been providing the maintenance of Gateway; and
WHEREAS, the City has agreed to take over responsibility for maintaining Gateway
subject and pursuant to the terms and conditions as provided for herein; and
WHEREAS, the City desires to have the District perform the required maintenance
services and to pay the District for such services as agreed to herein, and the District is willing
to provide such services pursuant to the terms and conditions as provided for herein; and
WHEREAS, the District has been providing these services since September 1, 1999, and
the parties also wish to provide for payment to the District for those services prior to the date
hereof.
NOW, THEREFORE, in consideration of the mutual covenants, understandings and
agreements contained herein, the City and District agree as follows:
SECTION I
RECITALS. The above recitals are deemed true and correct and are incorporated into
this Agreement and made a part hereof.
SECTION II
DESCRIPTION OF GATEWAY. The description of Gateway which is the subject of
this Agreement is described in EXHmIT "A" attached hereto.
SECTION III
DISTRICT'S MAINTENANCE RESPONSmILITIES. The District's maintenance
responsibilities are as follows:
(A) The District shall provide those maintenance services to be provided for Gateway,
including landscape, irrigation, drainage, and lighting ("Improvements") as described in
EXHIBIT "B" attached hereto (herein referred to as "Maintenance Services").
(B) The Maintenance Services shall be provided by the District in a competent and
professional manner using qualified and experienced employees or contractors, with such
frequency as is necessary and reasonable under the circumstances in order to ensure that the
Improvements are properly maintained and function in accordance with their intended purpose.
In addition, since the Improvements will require different types of maintenance, the maintenance
intervals and the time periods within which maintenance tasks must be performed by the District
shall be flexible and adjusted periodically depending on the condition of each Improvement and
its maintenance needs.
DISTRICT'S AND CITY'S RESPONSmILITIES.
(A) The City shall provide all such cooperation and assistance as may be reasonably
required for District to perform such Maintenance Services.
(B) The District shall provide a source of irrigation water adequate to meet the needs
of the landscaping within Gateway Boulevard.
(C) The City shall pay the District for the services described herein compensation
equal to 28.5% of the District's budget each year payable on a quarterly basis in arrears within
thirty (30) days of the last day of each quarter of the fiscal year.
(D) Within five (5) days of the date hereof City shall pay District $87,361.55
representing the compensation to the District for maintenance services which were performed
from September 1, 1999 through September 30, 2000.
SECTION IV
COMPLIANCE WITH GOVERNMENTAL REGULATIONS. The Maintenance
Services to be provided by the District shall be carried out in compliance with all applicable
governmental entities' laws, permits, requirements, rules, acts, orders and/or regulations.
-Page 2-
> SECTION V
RE~D!ES UPON plSTRICT DEFAUltT," The following remedies shall apply if the
District should default in carrying out the terms and conditions of this Agreement.
(A) In the event the District should fail to comply with the terms of this Agreement,
such failure shall be deemed a material breach of the Agreement, in which event, City shall
provide District with 30 days advance notice, specifying the breach,
(B) If the District, following receipt of written notification of default from City should
fail, refuse or neglect to furnish anyone or more of the required Services within thirty (30) days
from said notice, then in that event, City, at its sole discretion and without further notice, may
elect to terminate this Agreement.
(C) If the District fails to cure the breach, City may elect to take such legal or
administrative action against the District as City deems necessary in order to enforce the
District's obligation; provided, however, prior to City's initiation of any such action, City must
provide thirty (30) day prior written notice to the District of the alleged default, The District,
following the receipt of said notice, shall then have thirty (30) days from receipt of said notice
to take appropriate and substantive remedial action to alleviate the alleged default.
SECTION VI
REl\-{EDIES UPON CQ':X~lmfAUL-,! If the City fails to comply with this Agreement,
then the District may declare this Agreement in default unless such default is cured within 30
days after written notice thereof to City, Upon default, the District may terminate this
Agreement arid/or take such further actions as provided by law.
SECTION vn
INDEl\1NlFICA TION.
To the extent permitted by law, and without altering the District's immunity under
Section 768.28, Florida Statutes, the District does hereby indemnify and hold City harmless of
and from any and all loss or liability that City may sustain as may result from or arise out of
the District's wrongful acts. or omissions or failure to carry out its obligations under this
Agreement, with said indemnification and hold harmless to include, but not be limited to: (a)
direct costs and damages; and (b) any and all injuries and/or damages sustained by persons or
damage to property, including such reasonable attorney fees and costs (including appellate or
mediation) that may be incurred by City that relate thereto. Provided, however, it is understood
and agreed that this Section vn does not indemnify City for loss, injury, damages or costs
which are the result of the City's wrongful acts or omissions.
-Page 3-
INSURANCE. >
During the performance of the Services under this Agreement, the District sh,
the insurance policies written by an insurance company authorized to do business ir
set out in EXHmIT "C" attached. ~--~----- - _.. ,
SECTION VIII
TERM OF THIS AGREEMENT. The term of this Agreement shall commence as of
the date hereof and shall remain in effect for a period of twenty (20) years (the "Initial Term")
and shall renew automatically for twenty (20) year Additional Terms thereafter, unless
terminated by either party in writing six (6) months prior to the expiration of the Initial Term
or an Additional Term. In addition, the City may terminate this Agreement at the end of any
fiscal year, upon six (6) months prior written notice.
Upon the termination or expiration of this Agreement, the City shall thereafter be
responsible for performing and paying for the Maintenance Services as described herein.
SECTION IX
MISCELLANEOUS PROVISIONS.
(A) Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex, facsimile or E-Mail
communication) and shall be (as elected by the person giving such notice) hand delivered by
prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail,
if international) by registered or certified mail (postage prepaid), return receipt requested, to the
following addresses:
AS TO DISTRICT: QUANTUM COMMUNITY DEVELOPMENT DISTRICT
2500 Quantum Lakes Drive #100
Boynton Beach, FL 33426
A TT: Chairman
Telephone:(561) 740-2447
Facsimile:(561) 740-2429
AS TO THE CITY: CITY OF BOYNTON BEACH, FLORIDA
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
ATT: City Manager
Telephone: (561)
Facsimile: (561)
-Page 4-
If either party changes its mailing address or designated recipient for notices, such change
shall be communicated in writing to the other party within thirty (30) days of the change.
(B) Entire Aereement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
(C) BindiDe Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors and permitted assigns,
(D) AssilPlability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement, provided such consent may not be unreasonably
withheld.
(E) Severability . If any part of this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect so far as possible.
(F) Governine Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by, construed and enforced, in accordance with the laws
of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all
proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and
each party hereby waives whatever their respective rights may have been in the selection of
venue.
(G) Time of the Essence. Time is of the essence with respect to this Agreement.
(H) Headina:s. The headings contained in this Agreement are for the convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
(I) Ria:ht of Remedies. The failure of any party to insist on a strict performance of
any of the terms and conditions hereof shall be deemed a waiver of the rights of remedies that
the party may have regarding that specific instance only, and shall not be deemed a waiver of
any subsequent breach or default in any terms and conditions.
(J) Construction. The parties acknowledge that each has shared equally in the
drafting and construction of this Agreement and, accordingly, no Court construing this
agreement shall construe it more strictly against one party than the other, and every covenant,
term and provision of this Agreement shall be construed simply according to its fair meaning.
-Page 5-
(K) Counterparts. ItAs understood by all parties that this Agreement may be signed
in counterparts, each counterpart serving as an original and facsimile copies of this Agreement
and any signatures thereon shall be considered for all purposes as originals.
(L) Effective Date. This Agreement shall be effective as of the date that it is signed
by all parties hereto.
(M) Attorneys Fees. In the event a dispute should arise out of this Agreement, the
parties agree that the prevailing party in any such dispute shall be entitled to recover reasonable
attorney's fees and costs, including any such fees and costs incurred at any trials or appellate
levels.
Signed, sealed and delivered in the
presence of the following witnesses
as to the CITY: CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
.~~~~~~h) ::~:&7L "'-
(signature) /Title: /l'/AY4fJ4!!..
.::5VZAP.ifG /J1. ~V~
(print name)
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( ature)
..tJ H I~ 4 I'll.! E S't1Rk7f- APPROVED AS TO FORM: -:--...
( rint.bame) t{ \~6-C'?'~_~-
CI ATTORNEY
Signed, sealed and delivered in the
presence of the following witnesses
as to the DISTRICT:
AlE>:;, ;f ~~'
(si ture) ,
'6 (!;. rrz L. .s; H IV (,.. I
(print ame)
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/l1 J4-A.A./ ,4 N Ale( 17-11. /(Jt
, (p~t nam~)
-Page 6-
.~
STATE OF FLORIDA )
ss:
COUNTY OF PALM BEACH )
.J.I..-
I hereby certify that the foregoi~g.inst~ent was a~owle~ed before me.this.:J...i" day
of :ui ~ . ::c; ,200ft, by L~~id .)J-.t-it'I' asCltf~er ofTI!.e..C1ty of Boynton
Beach, Florida a municipal cor' oration on beh f of the municipality zHe/She is-personally
. kfiOWn to mejJr has produced as identification and dicf(maliotrta:tre an
oatil: .--.---
,
Sign: ~i...-(""&,;(.. t'- k., ft L-u ttL:.........
Notary Public
Print: '1"" Barbara M. Madden
~ f,Commission # CC 760467
My commission expires: ~~ '#. Expg-N~~ ~R~OO2
e, .. I\TlANTlC BONDING CO.. INC
STATE OF FLORIDA )
ss:
COUNTY OF PALM BEACH )
I hereby certify that the foregoing instrument was acknowledged before me this ~ day
of F~bnlar-.J__' 2~, by~ ~Gd'icud:itas President of Quantum Community
De~, a Florida Independent Special District, on behalf of the District.
He/She is personally known to me 6f h.as '1"811118811 as ideBufieau8R and
.. (-did nut) take an oath.
Sign~ 'tn, ~
otary Public
Pri . '-'a.oe.t M. p,-~~ n; 40
My commission expires:
""otU~ JANET M. PRAlNITO
f:rtb:\~ MY COMMISSION' CC 753915
~.~.,"Q'~ EXPIRES: August 27. 2002
".r.Rf~fr.~" Bonded Thru Nolary f'ubllc underwrite,s
f: \ wpdocs\ltd\agreement\qcdd. mnt
-Page 7-
. EXHIBIT "A"
DESCRIPTION OF "GATEWAY"
I. GATEWAY BOULEVARD
Gateway Boulevarq, .flkla/ N. W. 220d Avenue, as shoMl adjacent to and laid out on the
Plats of Quantum Park at Boynton Beach, Florida, as follows:
Plat Book Pages
Quantum Park at Boynton Beach P.I.D. Plat No.1 57 182 and 183
Quantum Park at Boynton Beach P.LD. Plat No.2 57 184 and 185
Quantum Park at Boynton Beach P.LD. Plat No.3 60 29, 30 & 31
Quantum Park at Boynton Beach P.LD. Plat No.4 57 186, 187 & 188
Quantum Park at Boynton Beach P.LD. Plat No.6 57 191,192 & 193
Quantum Park at Boynton Beach P.LD. Plat No.8 57 196 and 197
Quantum Park at Boynton Beach P,I.D. Plat No.9 60 32 and 33
All of the above noted plats are recorded in the Public Records of Palm Beach County,
Florida.
II. HIGH RIDGE ROAD (North of GATEWAY BOULEVARD)
All of Tract "C", as shoMl on the plat ofOuantum Park at Boynton Beach. P.I.D. Plat
No.8, as recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm
Beach County, Florida.
.. EXHmIT "B"
MAINTENANCE SERVICES
The Maintenance Services to be provided for the improvements shall, as applicablet be as
follows: - .
1. The provision of all utilitiest including but not limited to electricity, water
(either potable or reuse, as may be appropriate and authorized), sewer, telephone, trash
collection, trash disposal, and gas to the extent required to be used, expended or available
for the proper operation and maintenance of an improvement.
2. The provision of fertilizer, mulch, edging, hedging, mowingt trimming,
thinningt weeding and pesticide treatment services as may be necessary and appropriate for
landscape improvements, including but not limited to trees, shrubs and ground cover,
together with their replacement with comparable and suitable landscaping if diseased, dying
or dead.
3. The provision of maintenance, repair and/or replacement services for
landscape irrigation system components, including but not limited to sprinkler heads,
wiring and controllers, pipingt valves and reuse water signage, all of which shall be done
in accordance with specifications to be provided to District for approval at the time of the
City's initiation of Maintenance Services for same.
4. The provision of cleaning and painting services for Entry Features,
monuments and related special signs, including traffic signs where applicable.
5. Tbe provision of maintenance, repair and/or replacement services to accent
lighting fIxtures, including bulbs.
6. Tbe provision of all personnel and equipment necessary in order to provide
the above described Maintenance Services.
7. Wetland maintenance and monitoring, if applicable.
8. See attached supplemental requirements and specifications, if any.
-Page 9-
GENERAL REQUIREMENTS AND SPECIFICATIONS
LANDSCAPE MAINTENANCE PROGRAM
1. SCOPE OF WORK:
1. Grass Movina. All grass and ground cover, in unmulched beds shall be
mowed as.often as necessary to maintain a maximum height of four (4)
inches.
2. Mulchina. Mulch chips, single chip size, free of weed seeds and other
deleterious materials and suitable for top dressing shall be used as required
to maintain beds at a minimum depth of three (3) inches. Mulch shall not be
shreds.
3. Pruninfl. Plans, awkward in shape, diseased, insect infested or which have
dead parts or may cause a safety hazard shall be pruned on an as-needed
basis, as scheduled for the District.
4. Insect and Disease Control. All insect and disease problems will be diagnosed
by a qualified horticulturist and effectively treated.
5. Weed Control. Weeds in all plant beds shall be controlled either
mechanically, chemically or by a combination of both.
6. Wetland Maintenance. Provide all maintenance and monitoring of all
applicable wetland areas including, but not limited to all submerged areas,
all drainage ditches and/or surface water ponds, and sand pine preserve or
. other preserve areas as required to comply with all applicable governmental
regulations relative to the same.
2. SPECIFICATIONS AND MINIMUM STANDARDS:
A. Insect. Disease and Weed Control:
1. The District or its Contractor shall use only pesticides and herbicides
approved by governmental regulatory agencies. All chemicals must be used
according to label instructions. The District or its Contractor will be liable
for any penalty, fine or damages resulting from the misuse of any chemicals.
2. The District or its Contractor shall provide at least one certified
commercial applicator for the Work (Chapter IOD-54 and Chapter IOD-55
Florida Administrative Code pursuant to chapter 482 of the Florida Statutes)
in the Lawn and Ornamental category.
-Page 1 0-
3. The District or its Contractor will select the most effective and
environmentally safe herbicides and application techniques available. District
reserves the right to approve of the herbicides and application techniques.
4. Application shall be performed in such a manner as to protect non-target
areas and the public.
~ -
5. The District or its Contractor shall use due care to avoid damage to
adjacent lawns, golf courSes and upland plantings and be solely responsible
for any damage incurred while performing work.
6. The District or its Contractor will use application techniques that will
minimize drift onto non-target vegetation.
-Page 11-
, MINIMUM
IRRIGATION SYSTEM REOUlREMENTS
* Sprinkler System Inspection - District shall:
* (A) Operate and.inspect the sprinkler system once a month and promptly correct
any damage, malfunction or other problems.
* (B) Calibrate the sprinkler system during the same time the system is normally
run, so that water pressures are similar.
* (C) Set time clocks on automatic sprinkler systems or time manual systems for
applying the proper amount of water.
* (D) A void mixing sprinkler head types. Mist heads apply more water than
impact heads. Match sprinkler heads for uniform coverage.
* (E) Check the sprinkler system frequently. Replace broken sprinkler heads,
clear clogged nozzles and adjust the directions of spray.
-Page 12-
.
, EXHmIT "C"
INSURANCE REQUIREMENTS
Below is shown the MINIMUM acceptable insurance to be carried under this Agreement:
I. Commercial General Liability
(A) Bodily Injury Limit:
$1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
Property Damage Limit:
$1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(B) or a Combined Single Limit of BodDy Injury and Property Damage:
$1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(C) The Commercial General Liability shall include Contractual Liability.
* (not no less than twice the amount of sovereign immunity as the same may
change from time to time.)
ll. Comprehensive Automobile Liability:
(A) Bodily Injury Limit:
$ 500,000 Each Person
$1,000,000 Each Occurrence *
Property Damage Limit:
$500,000 Each Person
(B) or a Combined Single Limit of Bodily Injury and Property Damage:
$1,000,000 Each Person *
$1,000,000 Each Occurrence *
* (not no less than twice the amount of sovereign immunity as the same may
change from time to time.)
-Page 13-
III. Workers Compensation Statutory Limits
and $100,000 Each Accident
$500,000 Disease-Policy Limit
Employers Liability $100,000 Disease- Each Employee
IV. Umbrella Excess Liability Insurance:
(A) $1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(B) The aforementioned umbrella coverage shall be no more restrictive
than coverage required for the underlying policies.
* (but no less than twice the amount of sovereign immunity as the same may
change from time to time.)
V. Notice of Cancellation:
The Insurance afforded above may not be terminated or reduced unless thirty
(30) days prior written notice of such termination or reduction is mailed to the District
(unless terminated for non-payment, in which event ten (10) days notice is required).
VI. Insurance Certificate:
The City and the Quantum Park Property Owners Association, Inc. shall be
listed as an additional insured for the above Commercial and Umbrella Liability Insurance
coverage and 'a certificate of insurance reflecting same shall be delivered to the City, which
certificate of insurance shall be updated on a continuing basis throughout the Term of this
Agreement.
-Page 14-
'. ~
,
RESOLUTION NO. ROl- O~
J'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MA YOR AND
CITY CLERK TO EXECUTE A MAINTENANCE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND QUANTUM COMMUNITY
DEVELOPMENT DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and Quantum Community Development
District have negotiated a Maintenance Agreement setting forth the responsibilities of each
party for the maintenance of Gateway Boulevard.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
'~~.
Section 1. Upon recommendation of staff, the City Commission of the City of
Boynton Beach, Florida hereby authorizes the Mayor and City Clerk to enter into a
Maintenance Agreement between the City of Boynton Beach and Quantum Community
Development District.
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this I G. day of January, 2001.
CR, FLORIDA
'-
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ATTEST: \\\\IIIIIIII/. Commissioner
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ity 1erk ~ ~ ~~ (S) ~
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VI.-CONSENT AGENDA
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
o December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
d,)
..,....
o January 20, 2009 January 5, 2009 (Noon) [gJ March 17,2009 C> ~"""
March 2, 2009 (Noon) \.0 =i.!<
:JC: -< 'q!>
o February 3, 2009 o April 7, 2009 ):JIo 0)"'11'1
January 19,2009 (Noon) March 16,2009 (Noon) ::::0 r-g
, ..,. .
N :::0-(
~.;It.
0 Announcements/Presentations 0 City Manager's Report -0 c.n-l
:x t:';l
0 0 ~.%
NATURE OF Administrative New Business .r::- II
..
AGENDA ITEM [gj Consent Agenda 0 Legal .;:-
\.8
0 Code Compliance & Legal Settlements 0 Unfmished Business ' ::f:
0 Public Hearing 0
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
February 2009.
EXPLANATION: : Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for approval, and allow for more timely purchases to be made,
AL~~~:~O~, ~ /.
(~.{,\..~ ~C-L~'.
Department Head's Signature '- City Manager's Signature
~~~~ Assistant to City Manager C/hI-
.. /~
Procurement Se ces City Attotb.ey / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
. CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR FEBRUARY 2009
1. Vendor: EVEN FLOW SPRINKLERS Purchase Amount: $24,800.00
Requesting Department: FORESTRY & GROUNDS Contact Person: NORMAN TURNER
Date: 2/17/09
Brief Description of Purchase:
INSTALLATION OF IRRIGATION FOR THE BOYNTON BEACH LIBRARY AND CITY COMPLEX RFQ# 031-2413-09/CJD
i
I
Source for Purchase: QUOTE Fund Source: 302-4101-580.99-03 i
I
I
I
2 Vendor: VILA & SON LANDSCAPING CORP Purchase Amount: $12,658.00 1
Requesting Department: PUBLIC WORKS Contact Person: Pete Mazzela
Date: 2/19/09
Brief Description of Purchase:
Landscape restoration to include sod replacement, landscape plantings, trees, and irrigation lines that were removed from the
construction site for a Utility project
Source for Purchase: City Bid #054-2730-09/JA Fund Source: 406-5000-590-65-04 SWR064
\
3 Vendor: SHOWTURF,INC, Purchase Amount: $24,999.0ol
Requesting Department: GOLF COURSE Contact Person: SCOTT WAHLlN I
Date: 2/25/09
Brief Description of Purchase:
2008 JOHN DEERE 7400 TERRAINCUT TRIM MOWER TC7400
Source for Purchase: (3) QUOTES Fund Source: 411-2911-572.64-21
i
4 Vendor: CFM AIR CONDITIONING, INC. Purchase Amount: $17,438.00 I
Requesting Department: PUBLIC WORKS Contact Person: PAULA LEBLANC
Date: 1/30/09
Brief Description of Purchase:
REPLACEMENT OF 3 AlC UNITS AT HESTER CENTER
Source for Purchase: 3 QUOTES Fund Source: 302-4209-580.64-18
5 Vendor: Purchase Amount:
Requesting Department: Contact Person:
Date:
Brief Description of Purchase:
Source for Purchase: Fund Source:
Page 1
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
- 100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 090837
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/17/09
_,\lDOR 2207
SHIP TO:
TO: EVEN FLOW SPRINKLERS city of Boynton Beach
7100 NW 43RD AVENUE LIBRARY
POMPANO BEACH, FL 33073 208 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO, 48492 ORDERING DEPARTMENT: PW/FORESTRY & GROUNDS/NT INQUIRIES REGARDING
\ COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: (561)742-6310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 24800.00 DL INSTALLATION OF IRRIGATION PER 1.0000 24800.00
REVISED PLANS AND
. .
specificatipn$fqt th$ Bc)'yn.ton
Beach L;Lb#ar*<:in@ .. ... '. .
Ci tyc;ptnp:t;ex... .p:d;qe :i..~ ..for Hpages
1tJ);pt; 6 bf. .
RFQ~O$1-2413"'09fCJD.
.RE~l{S: . .
.l?;qqect must becompletedpy Februal7y.~af 2009.
... .$'C)rany i:!.ddition:a1 information, pleasecpntact
Nqrm Turner at (561) 4:36-6005.
PROCUREMENT SERVICES: P.O. TOTAL: 24800.00
"C:COUNT NO. PROJECT
02-4101-580.99-03 CP0508 24800.00
PURCHASING
PURCHASE ORDER
(, CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEV ARC
P,O. BOX 310 ::~, ~:t
BOYNTON BEACH FLORIDA 33425.0310 JATE'
VENDOR 7234
.3HIP TO:
TO: VILA & SON LANDSCAPING CORP- L ~ i ty of Boynton Beach
1930 D ROAD EAST UTILITY ADMIN
LOXAHATCHEE, FL 33470 124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 3343':
REQUISITION NO. 48473 ORDERING DEPARTMENT: UTILITIES ADMIN HS
DA TE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY DOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 7.00 EA WASHINGTON PALM 18' TO 20' OA '750.0000 525C.00
VENDOR ITEM NO.- 2083
2 20.00 EA LOXAHATCHEE GRASS 3 GAL 8.5000 ,~ O()
VENDOR ITEM NO. - 2029
3 8.00 EA ARBORICOLA TRINETTE 3 GAL 9.0000 'j
VENDOR ITEM NO.- 2114
4 6.00 EA ROM NORA GRANT 3 GAL 8.0000 '" 8 0 D
VENDOR ITEM NO.- 2037
5 2.00 EA CAT PALMS 7 GAL 42.0000 ,..., ~ Ci
~'i
VENDOR ITEM NO.-
2138
6 24.00 EA PALLET FLORATAN SOD 145,0000 3480
VENDOR ITEM NO.- 2162
7 12.00 HR WATER TRUCK 4HRS X 3DAYS 17.0000 20.:1 !iJ
VENDOR ITEM NO.- 2176
8 1. 00 EA DOUBLE ALEXANDER PALM 293,QOOC 29; ,-;0
VENDOR ITEM NO.- 2002
9 600.00 FT 1 1/4 PVC PIPE 8200 4 9:!, i
VENDOR ITEM NO.-
1023
10 1.00 EA ROLL OF FUNNY PIPE 234.000C' 23-"
VENDOR ITEM NO.' 1010
"-----
PROCUREMENT SERVICES: P.O. TOTAL:
ACCOUNT NO.
406-5000-590,65-04
." -- -...- .~-- ---..-"-
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090847
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/19/09
VENDOR 7234
SHIP TO:
TO: VILA & SON LANDSCAPING CORP- L City of Boynton Beach
1930 D ROAD EAST UTILITY ADMIN
LOXAHATCHEE, FL 33470 124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO. 48473 ORDERING DEPARTMENT: UTILITIES ADMIN HS INQUIRIES REGARDING
I COMMISSION APPROVED: PURCHASE ORDER CALL
DA TE NEEDED: BID NO: 15611742-6310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
11 20.00 EA POP-UP SPRINKLER HEADS 15.5000 310,00
VENDOR ITEMNO.~ 1001
12 20.00 EA ROTORS 49.5000 990.00
VENDOR ITEM NO.- 1006
13 100.00 EA FtJNNY ADAPTERS .5100 51. 00
V~~ORITtM NO. - 1013
..
14 100.00 EA R:I9ER TEE'S ECT .8000 80.00
VENDOR ITEM NO.-
1014
15 12.00 EA .MJi.N HOURS 75.0000 900.00
VENDOR ITEM NO. - 0133
REMARKS:
To restore Plant Material at Quantum Villas
removed during construction.
Refer to Bid #054,.-2730-08/JA
PROCUREMENT SERVICES: P.O. TOTAL: 12658.00
~COUNT NO. PROJECT
406-5000-590.65-04 SWR064 12658.00
PURCHASING
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: Feb. 10, 2009
Requesting Department: Utilities Contact Person: Tony Lombardi
Explanation for Purchase:
The Utiliy Department contracted with Killebrew Inc. to repair a section of sewer main in Quantum
Villas. The repair is complete and we would like to utilize the City's bid with Villa and Sons for the
landscape restoration. Landscape restoration was not included in the original scope because the
department wanted to utilize the City bid with Villa and Sons through our Forestry and Grounds
Department. The proposals consist of sod replacement, landscape plantings, trees and irrigation
lines that were removed from the construction site. Attached is the proposal from Vila and Sons
outlinina what will be olanted.
IRecommended Vendor Vila and Sons I
I Dollar Amount of Purchase $12,658.00 I
Source for Purchase (check and attach backup materials): ,
Three Written Quotations D GSA D
State Contract D PRIDE D
SNAPS D RESPECT D
Piggy-Back D Sole Source D
Emergency Purchase D Other EJ
Contract Number: City Bid 054-2730-08/JA
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Account # 406-5000-590-65-04 SWR 064
~
~'I"D"~",_d'-
0/'
Approvals: /l-;/ ~ <P' /01'4')1 i
Department Head Date
Purchasing Agent Date
Asst City Manager Date
City Manager Date
Form Revised 01/16/02
PURCHASE ORDER
- _r CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.o. #: 090858
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/25/09
Vt:r..JDOR 0046
SHIP TO:
TO: SHOWTURF, INC. City of Boynton Beach
1365 NEPTUNE DR THE LINKS AT BOYNTON BCH
BOYNTON BEACH, FL 33426 8020 JOG ROAD
BOYNTON BEACH, FL 33437
REQUISITION NO. 48541 ORDERING DEPARTMENT: GOLF COURSE INQUIRIES REGARDING
1 COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: [561 )742-6310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA 2008 JOHN DEERE 7400 TERRAINCUT 24999.0000 24999.00
TRIM MOWER TC7400
REMARKS:
This is a Budgeted Line Item. Vendor offered
to.$~11 Dentot'lOwer for a savings of $2996.00
PROCUREMENT SERVICES: P.O. TOTAL: 24999,00
':COUNT NO. PROJECT
111-2911-572.64-21 24999.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD f.:: . \'..' ,~4
P.O. BOX 310 1:(
BOYNTON BEACH. FLORIDA 33425-0310 DA'TE' I.;
VENDOR 1115
SHIP TO:
TO: CFM AIR CONDITIONING INC City of Boynton Beach
PO BOX 244645 PUBLIC WORKS DEPARTMENT
BOYNTON BEACH, FL 33424 :222 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
REQUISITION NO. 48315 ORDERING DEPARTMENT: PUBLIC WORKS/AM
DA TE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA REPLACEMENT OF 3 A/C UNITS AT 17438.0000 17438 DC
HESTER CENTER
REMARKS:
Carrier Split Systems - High Efficiency Puron
Systems for the Hester Center.
PROCUREMENT SERVICES: P.O. TOTAL: 17438.00
ACCOUNT NO. PROJECT
302-4209-580.64-18 CP0511 }7438.00
.'. .__..._-~._-~
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOInl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16,2008 December 1,2008 (Noon) 0 February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) IZI March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
o Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
o Code Compliance & Legal Settlements 0 Unfinished Business
o Public Hearing 0
RECOMMENDATION: Motion to renew insurance policies through current brokerage, Arthur J. Gallagher & Co.:
Public Entity Excess Liability (General Liability & Workers' Compensation)
Property (Municipal & Utilities)
EXPLANATION: See attached breakdown of policies and insurance company quotes. Please note that these policies
were previously extended from 12 months to 18 months to allow renewal to be conducted outside of hurricane season. These
policies will now return to 12 month programs. Previous approval in 2007 authorized one year renewal below 7% increase.
PROGRAM IMP ACT: Continuing utilization of these insurance programs with uninterrupted coverage as noted.
FISCAL IMPACT: Premiurns included in FY 2008-9 Budget, and planned for in FY 2009-10 Budget.
2008-9 2009-10 %
522-1710-519-45-04 & 09 Public Entity Excess $ 205,030 $ 214,149 +6.2%
522-1710-519-45-05 Property $1,039,430 $1,107,370 +6.5%
ALTERNATIVES: The alternative is to fully self-insure these programs. This will put the City's finances at grave
risk. City's General Liability would have no excess over state mandated limits; and, there would be no excess coverage for
workers' compensation beyond our self-insured program. It will also result in our inability to secure FEMA funding for
reimbursement for damages following any future weather or other disaster events. The Federal Stafford Act requires
governmental entities to obtain insurance to be eligible for FEMA funds. The only exceptions to this requirement are State
Agen' d
f .~
, /' l
( <,'_,. '. 'r._
J..,L ~ \. ~u....L.~~ () ,..').l... ~ ~1........,,-,,-,,- <Cy
epartment Head's Signature --- City Manager's Signature
Assistant to City Manager ~
RISK MANAGEMENT
Department Name City Attorney 1 Finance
RM/2009 AJG Ins Renewal Agenda Item Request.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,OOC
EXECUTIVE SrMMARY
(Continued)
The follo\ving are the projected costs and Ius,", !! mIte, iur tilt.' '. q:, <; rem'\\ ;\1 :lS ,-', )mpared w thl.
expiring teml premiums, We have prO\ided the 1 ~I Illonth premiums (tIt' ..:ompans(ln ;Jurp()St:>
only,
.._.__._-~- " ~-----,--___._.~ 'H "__~ __..__ __ ___.
2007-2009 2007-2008
18 Month 12 Month 1 Projected
I I Premium Premium 2009-2010
I
I Property: I u...__-+-________
I Loss Limits
Municipal $8] Million $83 Million $LJU Million
- Named Windstorm Limit $]() Million S10 Million $10 Million
I Utility $91,8 Million $Y 1,8 Million $91,5 Million
! - Named Windstorm Limit $91.8 Million $91.8 Million $30 Million
I Total Insurable Values:
$83,357.881 $83,357.881 $90.057.263
I Municipal
I Utilities $91,862,171 --'--- $91,862,171 , $91,562,753
->---...--------......
Premiums
: Municipal S 1.1 92,500 $758.000 $800,000
i Utility $397,040 $265,000 $275,288 I
i Engineering Fee $9,200 . $6,200 . $6,000]
I Subtotal: $1,598,740 I $1,029,200 I $1,081,288 .
I Fees/Taxes
I FHCFEA (1 %) $15,895 $10.230 $10,753
I
I Fire Marshall Fee N/A N/A ! $275
Citizens Assessment (1.4%) N/A: NiA i $15,054
--. $10,230 ~-_.. $26,082
Total: $15,895
I Property Total: -f--..-". $1,614,635 I $1,039,430 '._ $1,107,370 ..
I Public Entity Excess Liability $304,455 ! $203.000 $209,090
FHCFEA (1%) $3.045 I $2.030 52.090
Citizens (1.4% ) NiA -:\A S2,927
FIGA (.02~iO ) N/A )\/A $42
---r-----
i Total: --~- $307,500 $205,030 I $214,149
I Grand Total: $1,922,135 -- - - $1,244,460 --~---- $1,321,519
We recommend a review of the final proposals of all carriers. and selection of the renewal
program based on best terms, conditions and premium,
c- Documents and Settings,persaudfLocaJ Settings Temporary Intemcl Files OLKfl Renewal Rc"iev. d",'
. 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
D December 16, 2008 December 1,2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) [gJ March 17,2009 March 2, 2009 (Noon) 0 ~a
\.0 ---t;(
D February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon);:::t ~~
CX7 C7)""
,- 'Q.1l
N i'JiO
c;.n ~ -<
o AnnouncementslPresentations D City Manager's Report :~z
> 0')-
NATURE OF 0 Administrative 0 New Business ~ Q)~
AGENDA ITEM D eomen! Agenda D Legal .". ill!
o Code Compliance & Legal Settlements D Unfmished Business 0'.. ~:.
[gJ Public Hearing 0 Z
RECOMMENDATION: Please place this request on the March 17, 2009 City Commission Agenda under Public
Hearing. The Planning and Development Board on February 24, 2009, recommended that the request be approved. The
Board generally approved the proposed sign code as presented by staff, with the expectation that several of the standards
related to aesthetics (e.g. maximum size on awning valances; window signs on doors; logos and icons more than 20%, etc.)
would be relocated to Section 4 "Community Design", rather than Section 3, and thereby eligible for relief through the appeal
process rather than the variance process, For further details pertaining to this request, see attached Department Memorandum
No. 08-076.
EXPLANATION:
PROJECT: Land Development Rewrite - A portion of Group 6
Chapter 4, Article IV: Sign Code (CDRV 07-004)
APPLICANT: City initiated
DESCRIPTION: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which
includes Chapter 4, Article Ie. Sign Standards,
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/ A
ALTERNATIVES: pprove the draft sign regulations with changes, or not approve the proposed LDR revisions.
1);
. A .
,dv-, k"J.,v......v-.->-
Deve1 City Manager's Signature
Assistant to City Manager ~
'1r~~ Z re-
Planning and ZO~irector City Attorney / Finance
S:\PlanninglZoning Code UpdatelLDR Rewrite\Agenda Requests\Agenda Item Request LDR CDRV 07-004 Ch.4, Art IV.Sign Standards 3-17-09.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 08-076
TO: Chairman and Members,
Planning and Development Board
THRU: Michael Rumpf
Director of Planning and Zoning
FROM: Eric Lee Johnson, AICP Sj
Planner II
February 19, 2009
DATE:
RE: LDR Rewrite - A portion of Group 6
Chapter 4, Article IV: Sign Code
INTRODUCTION
A task of rewriting the Land Development Regulations (LDR Rewrite project) is to
update the entire Part III (Land Development Code) of the City's Code of Ordinances. In
April of 2007, staff presented the Boards and Commission with a progress report and
proposed work schedule of the LDR Rewrite project. Staff determined that it would be
best to break down the entire project into eight (8) different groups. At this time, staff is
delivering the final portion of the sixth component of the eight-phase project (see
attached).
Group 1 and Group 2 emphasized matters relating to zoning districts and allowable uses.
The third and forth deliverables emphasized site development standards, such as off-
street parking calculations, off-street parking lots and other vehicular use areas, exterior
lighting, rights-of-way and infrastructure, environmental protection, landscape design and
buffering, and exterior building and site design. Group 5 consisted of supplemental
(zoning) regulations, which are typically found in most land development codes,
particularly within the respective zoning regulations.
Group 6 is comprised of three (3) articles, proposed within the fourth chapter of the new
LDR. The articles included within this group address sign standards, building and
historic preservation, building construction, and flood prevention requirements. Their
titles are proposed as follows (in bold):
Chapter 4. Site Development Standards
Arti cl e I. Environmental Protection Standards
Article II. Landscape Design and Buffering Standards
Article III. Exterior Building and Site Design Standards
1
Article IV. Sign Standards
Article V. Minimum Off-Street Parking Requirements
Article VI. Parking Lot, Vehicular Use Areas. and Loading Standards
:\rticle VII. Lighting Standards
Article VIII. Utility and Infrastructure Design Standards
Article IX Building, Construction, and Historic Preservation
Article X Flood Prevention Requirements
Article XI. Excavation and Fill Regulations
It should be noted that the Planning & Development Board and City Commission have
already reviewed and approved an overwhelming majority of the draft changes to Article
IX (Building, Construction, and Historic Preservation) and Article X (Flood Prevention
Requirements), although the relatively more complex topic of historic preservation is
being studied by staff under a separate project, with the intention of possibly bringing
forward program recommendations concurrent with ultimate adoption of the
corresponding article of the new LDR. In order to expedite these massive changes prior
to the end of 2008, the City Commission reviewed and adopted Ordinances 08-031 and
08-033. These ordinances included amendments to the existing code, namely Chapter 20
(Building, Housing, and Construction General), and local amendments to the Florida
Building Code (FBC), These newly adopted ordinances amended LDR, Chapter 20 by
updating existing regulations pertaining to 1 ) the certificate of occupancy and
completion; 2) minimum building and construction standards; and 3) coastal building
zone. In addition, it also included changes to the City's Community Rating System
program (CRS) for flood prevention requirements; recent updates to the Florida Building
Code; and the creation of minimum property maintenance requirements (PMR),
Therefore, the sign code (in the attached exhibit) is the only subject matter of Group 6
that had not been previously reviewed by the Planning & Development Board or City
Commission.
PROJECT OBJECTIVES
The objectives set forth at the onset of staffs management of this effort, and explained
previously in the update report, continue to be furthered. Of the original objectives, those
involving user-friendliness and maintaining a flexible and dynamic approach are most
addressed by this work product. The original objectives are listed below followed by
specific documentation relative to Objectives #1, #2 and #4. Although #5 is not
specifically addressed herein, the basic services and unanticipated demands of the
Division continue to be a priority, and provided or responded to timely.
1. Preserve / Utilize work efforts initiated / accomplished by the consultant
including work products, discoveries, pertinent recommendations, and input
collected from the public, staff, and elected officials dming workshop sessions:
') Maximize user-friendliness in the ultimate document with the appropriate and
logical organization, interconnectivity, and writing style;
"l Maintain public involvement in the rewrite process, including input from local
J.
professionals "experts";
4. Use a dynamic approach in the rewrite effort allowing the shifting ofresources as
needed to address current issues and Commission direction; and
5. Continue to deliver optimal customer service to the public and applicants during
the proj ect.
Objectives #1 & #2:
LDR format or organization was the target of an original objective which continues to be
furthered by the consolidation of common topics. Staff proposes to separate the entire
Part III (currently 23 chapters) of the existing code and distribute them amongst four (4)
distinct chapters. A four (4)-chapter code deviates much from the existing code, but is
organized according to the Model Land Development Code, and being generally ordered
to follow the chronological flow of the City's land development process. The fourth and
final chapter of the new code will contain the new minimum development standards and
requirements.
All current sign standards and building, construction, and historic preservation
requirements are placed into the fourth chapter of the new LDR. The new standards and
requirements would replace all or portions of the following existing chapter and code
sections:
Chapter 2. Zoning
Section 6. Commercial district regulations and use provisions
Chapter 9. Community Design.
Section 10. Site Criteria
Chapter 20. Building, Housing, and Construction General (in its entirety)
Chapter 21. Signs (in its entirety)
Chapter 22. Streets and Sidewalks
Article II. Construction, Repair, or Alterations.
Today, the sign code is spread throughout different chapters of the City's land
development regulations (i.e. Chapters 2, 9, 21, and 22). This lack of consolidation
between common topics can be burdensome to the lay person as well as to developers
and design professionals researching the City's regulations. Therefore, the attached
document represents that same concentrated effort as in previous phases, to consolidate
scattered regulations of common topics, identify and correct inconsistencies, and reword
in an effort to increase clarity. In 2004, staff conducted a comprehensive year-long
review of the City's sign standards (Chapter 21), which resulted in many proposed
amendments to the code, However, at that time, only the most priority and critical
amendments were included in the update due to the large size and complexity of subject
matter, time constraints, and staff workload. With Group 6, staff has been given the
3
opportunity to re-examine and enhance the 2004 amendments and incorporate them int(1
the attached work product. Topics of this thorough review include but are not limited \(1
the following: enhancing the list of exempted and prohibited signs: sign aesthetics:
creating nev-' regulations for signs installed on pri\ate property or hanging ahove public
rights-of-way; computation of sign area and height; and the use of tables for casil)
readable and understandable development standards. Although \ t has heen ven
challenging and time consuming for staff to locate all the sign standards throughout the
code and consolidate the common topics mto this formaL the benefits wlth respect to
consistency and ease of access justify the effort User- friendliness continues to be a
primary objective, guiding both the fonl1at as well as emphasis on simplicity and clarity.
Much of the existing Chapter 20 (Building, Housing, and Construction General) has been
superseded by the recent approval of Ordinance 08-031, which adopted the nev.! properTy
maintenance requiremen ts. As part of this LDR rewrite, the remaining portions of
Chapter 20 were converted into Article IX (Building, Construction, and Hist01ic
Preservation Requirements). Minor revisions have been made to the remaining portions
of this article, all of which coincide with the recent updates to the Florida Building Code,
Topics within this article which were updated include certificate of occupancy and
completion; minimum building and construction standards; coastal building zone; as well
as the previously approved requirements related to flood damage prevention.
Objective #4:
In this group, staff continues to acknowledge the priontles and cunent issues of the
Commission and the City. Cunent topics of local interest include 1) business support and
retention; 2) visibility; and 3) community appearance (e.g. reduction of visual blight,
uniformity of signs along rights-of-way, etc.). At times, regulating signs may have
competing goals and objectives with respect to aesthetics, commercial speech, and
business visibility. However, staff feels the proposed sign code represents a successful
balance between these objectives. It should be noted that the Legal Department reviewed
the proposed sign code to ensure compliance with 1 st Amendment rights (of U.S
Constitution), resulting in a sign code that will contain regulations which are more
defensible against potential lawsuits that claim infringement on freedom of speech,
OTHER NOTEWORTHY CHANGES
Preparation of these documents has involved the comprehensive and detailed review of
the associated land development processes, the applicable standards, and the city
department responsible for the administration of such regulations and standards.
Noteworthy are the following recommendations to the land development regulations:
0 Consistent with Group 5, these articles would now contain its own "Purpose
and Intent", "Administration", and "Applicability" text to provide sound basis
and support to the code;
. Enhance exempt signs to include the following types: address sign, residential
yard sign, nameplate or identification plaque, temporary real estate sign.
temporary political sign, transit shelter sign, and government i civic sign;
1
-,
. Replace the existing variance provision (currently applicable only to signs)
with the typical variance process (including the standard hardship criteria
applicable to other regulations). This include a restriction preventing
application of the variance process to any prohibited sign;
. Create severability clauses throughout the entire article to ensure the sign code
is defensible against potential legal challenges;
. For beautification and uniformity, expand and enhance the list of prohibited
signs to include nuisance and other distracting signage (e.g. those that cause
distractions to vehicular traffic; are illegible, cluttered, or incompatible;
electronic messaging centers (EMC), etc.);
. Enhance general sign standards to address 1) a formal methodology to
compute the sign area, which may include the portion of a building wall to
which the sign is affixed; 2) expand the requirement for cross visibility and
safe-sight applicable to all freestanding signs; 3) modify the overhead
clearance standards to differentiate between those signs hanging over
vehicular use areas and those over pedestrian walkways; 4) require property
address on all monuments signs; and 5) provide a cross-reference to the Crime
Prevention Through Environmental Design (CPTED) principles;
. For beautification and uniformity, enhance restrictions of illuminated signs 1)
prohibiting exposed neon tubing, bare bulbs, miniature lighting, and similar
technologies in any unshielded manner (excluding window signs); 2)
requiring compatible lighting levels within multi-tenant developments, and 3)
by prohibiting internally-illuminated signs in residential zoning districts;
. For beautification and business support, enhance and clarify provisions for
temporary real estate signs. New provisions regulate these signs differently
where located in single-family and multi-family residential, and non-
residential zoning districts. One (1) sign is allowed per street frontage,
Property owners located within single-family residential zoning districts are
allowed to erect signs that are maximum size of five (5) square feet, whereas
property owners in multi-family or nonresidential districts are allowed to have
signs that are up to 16 square feet. Regardless of zoning district however,
signs that are in excess of five (5) square feet require permits and such permits
are valid for a period not to exceed 180 days. Likewise, they must be setback
10 feet from any property line;
. Enhance project visibility (temporary project development signs). All signs
may be up to 15 feet in height and can be displayed for a period not to exceed
180 days with an opportunity for pelmit renewal. On developments ~1 eater
than 10 acres in size, the new regulations allow for a second sign with an
aggregate area of up to 250 square feet (for both signs);
. Enhance project visibility (temporary construction signs). The provisions
describe their general use; regulate their height, size, and allowable duration;
and require a permit. These signs can be displayed for a period not to exceed
180 days with an opportunity for permit renewal. They shall not exceed 32
square feet or be greater than six (6) feet in height. A new provision allows
them to be affixed to the side of a construction trailer instead of on the
construction fencing, thereby increasing their allowable height to match the
structure to which they are attached;
5
. Encourage beautification of construction sites by allO\ving lifestyle ~rraphics_
pictures, and signage on temporary fencing around construction sites~
. For beautification, business support, and retention, update and clarify hamler
provisions by limiting their maximum size to 20 square feet in area and when
proposed on private property, the TIe\v code requires 1) a setback of 1wo feel
from any property line and 2) prohibits them from heing located within
landscape strips abutting rights-of-way'_ These provisions do not apply h'
banners when used as a 1) temporary project development sign: .2 \ temporary
construction sign; 3) temporary seasonal sales event sign; or 4) seasonal sales
event sign, The size, location, and duration of banners proposed In connection
with a Recreation and Parks Department Special Event Permit are regulated
by the Special Event Handbook rather than the LOR:
. For beautification and unifonnity, enhance and cl ar; fy provlslons for
temporary political signs. New provisions regulate these signs differently
based on their location (i.e. single-family and multi-family residential, and
non-residential zoning districts), Permits are only required for those signs in
excess of 32 square feet in order to comply with the wind load requirements of
the Florida Building Code (FBC1;
. For business support and retention, create new provisions and standards to
allow temporary sales signs (i,e, special temporary sales event, seasonal sales
event), including maximum size and duration of their display;
. Encourage beautification of commercial corridors by creating new regulations
for vehicle display signs by prohibiting them on vehicles which are parked or
stored in parking stalls within 25 feet of the front property line and allowing
for logical exceptions;
. Enhance all provisions for wall signs by consolidating them into one (1)
subsection of the LDR and limiting their maximum size based on zoning
district. Create a provision for wall signage for multiple-tenant and multi-
story buildings, In addition, create a provision to allow the building name to
be affixed near the top of the building to support building identity:
. For beautification and unifomlity, enhance regulations for monument signs by
clarifying the methodology for measuring sign height. Update regulations to
identify primary signs and secondary signs and limiting maximum height of
both types from five (5) to 12 feet, depending on roadway characteristic.
property size, and zoning district:
. For beautification and unifomlity, create a prOVISIOn to allow manual
changeabie copy on any primarv or secondary monumem sign TO regulate
maximum size, frequency of change, and type of lettering;
. Enhance design / aesthetics standards for monument signs, emphasizing cross-
visibility, safe-sight, and requiring the uniform location of the site address at
the top of sign;
. Update provisions for directory signs by indicating allowable location(s) and
regulating their maximum size and height (18 square feet in area and 6 feet in
height, respectively). In addition, enhance the community design standards
with regards to directory Sl 6'1lS , to compliment other restrictions that
discourage monument signs from including numerous tenant names in small
point (letter) size:
(-
. For business support, retention, and visibility, update provIsIOns for
directional signs by indicating allowable location(s) and regulating their
maximum size and height (4 square feet and 5 feet, respectively). In addition,
create a provision to allow them off-premises on abutting properties under
certain circumstances, namely 1) there IS legal cross-access between
properties; and 2) all easements and necessary agreements are secured;
. To increase business support, update provisions for menu board signs by
indicating allowable location(s) and regulating their maximum size and height
(25 square feet and 6 feet, respectively);
. To increase business visibility and beautification, create provisions for awning
valance signs by indicating allowable locations(s) and regulating their
maximum size (6 inches but not to exceed 80% of the valance area). Signs
proposed on valances would count toward aggregate wall signage area;
. To increase business visibility and beautification, create provisions for
covered walkway / arcade signs by indicating allowable locations(s) and
regulating their maximum size (in front of public entrances and not to exceed
3 square feet);
. For business visibility and beautification, create provisions for blade signs for
multi-tenant buildings, which includes allowable location(s) and maximum
SIze;
. To increase business visibility and beautification, enhance provisions for
window signs with appropriate descriptions and maximum coverage (allowed
for nonresidential uses, not to exceed 20% coverage on the windowpane
located closest to the public entrance, then a maximum of 3 square feet for
each windowpane thereafter). Any window sign in excess of 20% (of the
windowpane) would require approval of a Community Design Plan Appeal
(CDP A);
. For beautification, create minimum standards to exclude lower quality
materials for use as window signs. For example, paper, cardboard, and
plywood are prohibited materials but the use neon tubing, bulbs, miniature
lighting, CRT, LED, LCD, and similar technologies are allowed, provided
they do not exceed three (3) square feet;
. Enhance the descriptions of rear door business identification plaques and
nameplate or identification plaques;
. For business support and retention, create prOVISIOns for mixed-use
development identification signs by describing their general use, design, and
regulating their maximum size and height (regulated the same as monument
signs);
. For beautification and uniformity, enhance proVISIOns for residential
neighborhood signs by describing their general use, design, and regulating
their maximum size and height (regulated the same as monument signs);
. Enhance proVISIOns for Civic and Not-for-Profit Directional SIgnS by
describing their general use, permitting process, and regulating their
maximum size (12 inches by 18 inches)
. For beautification, create provisions for murals (art) with appropriate
standards, reVIew process (in accordance with site plan review), and
assignment of responsibility (Arts Commission);
7
. For better clarification and interpretation of the code, update the cXlsting
community design standards related to signage (e.g. compatibility, sign styJc
color, lettering, scale, etc.):
. For business support, retention, and visibility, update existing communit)
design standards to allow logos and icons to be up to I OO()~ of the sign copy
(currently they are allowed a maximum of 20o(~ of sign copy), However,
when proposed in excess of 200'0 of the sign erected, the area of such logo or
icon shall be limited to nine (9) square feet (for wall signs) 3nd three 13\
square feet for window signs:
. Update existing community design standards with respect to directory signs
by advocating their use as the preferred method of advertising multiple
listings or tenants within a multi-tenant development;
. To enhance project unifOlmity, update provisions regarding the Sif,rn Program
by requiring it be applicable to all multiple-tenant, nonresidential development
and reviewed in accordance with the site plan review process. Any deviation
from the sign program would require the approval of a Community Design
Plan Appeal (CDPA).
. To increase business visibility, create provision to allow for additional signage
on the rear fayades of nonresidential buildings which are visible fonn rights-
of-way;
. Update the submittal requirements for a sign permit, which includes
requesting the following information: applicant information, owner consent:
location; site plan; sign detail; payment; and valuation;
. Create a standardized review process for a sign permit application, Staff has
three (3) days to ensure the application is complete and then 45 days to either
approve, approve with conditions, OT deny such permit application:
. Create definitions for the following type of signs: A-Frame, Awning Valance,
Construction, Logo, Menu Board, Mural, Rear Door Identification Plaque,
Seasonal Sales Event, Special Temporary Sales Event, Temporary, and
Transit Shelter;
Ordinances 08-031 and 08-033, which were recently approved by the City
Commission, amended the existing LDR as follows:
. Update building, construction, and historic preservation requirements by
indicating the process, reviewing responsibility, and relief process:
. The existing Chapter 20 (Buildings, Housing, and Construction General) has
been deleted because much of it has been superseded by the recently adopted
property maintenance requirements (e,g. building security code, housing);
. Delete the certificate of treatment of tennites as it is now covered by Chapter
1 of the FBC-Building and Chapter 3 of the FBC-ResidentiaL
. Omit accessibility requirements of Chapter 20 as they are covered in depth by
Chapter 11 of the FBC-Bui1ding;
. Eliminate the soil test requirements of Chapter 20 as they are no\\ covered by
Chapter 18 of the FBC -Building and Chapter 4 of the FBC -Residential;
. Delete the energy efficiency code of Chapter 20 as it is now replaced by
Chapter 13 of the FBC -Building and will soon (March. 2009) include the
International Energy Conservation Code (ICC) when adopted by the State of
Florida;
. Delete interim services fee of Chapter 20 as it is not enforceable under current
law;
. Delete swimming pools and spas of Chapter 20 is it is now addressed by
Section 424 of the FBC-Building and Chapter 41 of the FBC-Residential; and
. Relocate State Housing Initiative Program (SHIP) and Workforce Housing
Program into Chapter 1 of the new LDR.
SUMMARY I RECOMMENDATION
Staff recommends that the Board and Commission approve this draft portion of Group 6,
However, any changes recommended by the Board and the Commission will be
incorporated into the document or schedule for ultimate consideration at time of
adoption.
EJ
Attachments
s :\PlannillglZoning Code UpdatelLDR RewritelStaff ReportslGroup 6 (Ch 4, Art 4 and 11 ).doc
9
NEW DEFINTIONS
MURAL - A work of art designed for a specific wall, ceiling, area or large permanent
surface that enhances a large architectural unit, It must be designed for a specific space
and serve the purpose of the space. Such mural shall not contain any brand name,
product name, abbreviation thereof, company or business name or logo, trademark or
other commercial message.
SIGNS,
"A" FRAME - A moveable sign not secured or attached to the ground.
AWNING VALANCE - A sign of permanent nature, which is incorporated into,
affixed, or painted onto the valance of a permanent awning.
CONSTRUCTION - A sign identifying the owners, contractors, receivers,
lenders and suppliers on the property where the sign is located during the
construction period.
LOGO - A symbol of a company or business.
MENU BOARD - A sign of permanent nature, which is used in association with
a drive-through facility.
MURAL - See "MURAL".
REAR DOOR BUSINESS IDENTIFICATION PLAQUE - A non-illuminated
sign affixed to the rear of a building bearing the business name and/or address of
the occupant, with an area not exceeding three (3) square feet.
SEASONAL SALES EVENT - A temporary sign used in association with a
Seasonal Sales Event.
February 19,2009
1
SPECIAL TEMPORARY SALES EVENT ,\ temporarv Sli!l1 used In
:"\
association with a Special Temporary Sales Event.
TEMPORARY - A siQ:n not intended or desiQ:ned for permanent display,
TRANSIT SHELTER - Graphics. svmbols and/or copy affixed to any surface of
a public transit shelter.
s: Plannmg'Zoning Code Update\LDR Rewrite\Staff ReportslGroup h (SIgn Definitions I.doc
February I (J. ::: OOG
-)
PLANNING AND ZONING DIVISION SERVICES
CHAPTER 2. LAND DEVELOPMENT PROCESS.
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Section 1. General. Future deliverable
. ..
Section 5. Zonin~ Permit Applications.
A. Clearin2 and Grubbin2 Permit. Future deliverable
B. Mobile Vendor Permit. Future deliverable
C. Seasonal Sales Event Permit. Future deliverable
D. Sidewalk Cafe. Future deliverable
E. Si2n Permit.
1. General. Except as otherwise provided herein,
it shall be unlawful for any person to erect, construct,
enlarge, move or convert any si~ in the City, or cause the
same to be done, without first obtaining a sign permit for
each such sign. These directives shall not be construed to
require any permit for the cleaning, maintenance, or repair
of a sign or si~ structure for which a permit has previously
been issued under this article, provided that such sign or
structure is not modified in any way. Signs and structures
supporting signs previously erected without a valid permit
shall be in violation of this article and shall be deemed
illegal signs. It shall be mandatory to obtain a permit for an
illegal sign, or to immediately remove such sign and the
structure supporting such sign upon notice that the sign or
structure supporting the sign is illegal. The notice shall
contain a time period for removal.
Signs and sign support strut.:lures shall be processed under a
separate permit (in accordance with Chapter 2, Article IV,
Section 6) if the Building Official determines that
compliance with the Florida Building Code is required.
2. Submittal Requirements. Applications for permits
required by this section shall contain the following
information:
February 19,2009
1
PLANNING AND ZONING DIVISION SERVICES
a. Applicant Information. \Jame, address
and telephone number of the person. firm.
corporation or association erecting or affixing such
~
b. Owner Consent. \\:'ritten consent of the
owner of the building. structure or land to which or
on which the sign is to be erected or affixed;
c. Location. Propertv location (address of
premises upon which sign is to be located):
d. Site Plan. Four (4) sets of site plans,
survevs. or other such scaled drawings deemed
acceptable to the Director of Planning and Zoning
or designee. illustratinlZ the proposed location of the
sign and sign structure. including their position and
setbacks relative to buildings. structures. propertv
lines. road rights-of-way. and any p ertin en t
improvements such as utility lines and other types
of infrastructure;
e. Si2n Detail. Two (2) sets of illustrations.
sketches. pictures. photographs. or other such scaled
drawings deemed acceptable to the Director of
Planning and Zoning or designee. detailing the type
of sign proposed (as identified in Chapter 4, Article
IV) and includinlZ the following: information:
ill Aggregate sign area (expressed in
square feet);
ill Overall sign height;
ill Height of each letter. digit. character.
or logo;
!.1l Text font(s);
W Sign color( s ). including color of each
letter. digit. character. or logo: and
@ Sign materialis);
f. Valuation. Estimated value or cost of the
proposed sign; and
February 19. 2009
')
PLANNING AND ZONING DIVISION SERVICES
& Payment. Each application for a sign
permit required under this secti on shall be
accompanied by the applicable fees pursuant to
Section I.D. above.
3. Review Criteria. Each application for a sign
permit required under this section shall comply with all
applicable Land Development Regulations.
4. Approval Process. The Director of Planning: and
Zoning or designee shall have three (3) days to review an
application for a sign permit to ensure that it is complete.
If an application is found to be incomplete, the Director of
Planning and Zoning shall send a letter to the applicant
indicating the specific reasons (with appropriate code
references) as to why the application is deficient. Once a
sign permit application is deemed to be complete, staff will
promptly conduct a review of the application and within 45
days, the Director of Planning and Zoning or designee shall
approve, approve with conditions, or deny the application
for a sign permit.
5. Expiration. Any permit for a sign may be revoked
by the City upon the determination that the sign is not in
full compliance with the proVISIOns of these Land
Development Regulations or other applicable codes. A
sign permit shall become null and void if the work is not
complete within 90 days of the issuance of such permit.
6. Miscellaneous. Any appeal of a decision made by a
City official shall be conducted in accordance with Chapter
1 , Article VIII, Section 3 (Appeals from an Administrative
Official).
S:\PlanninglZoning Code Update\LDR Rewrite\Staff Reports\Group 6 (Sign Permit).doc
February 19, 2009
3
SIGN STANDARDS
ARTICLE IV. SIGN STANDARDS
Section 1. General.
A. Short Title. This article shall hereafter be known and cited as
"The Boynton Beach Sign Code".
B. Purpose and Intent. The purpose of this article is to set forth the
regulations for the use of signs within the City's iurisdictionallimits for site
identification, communication, and advertisement. It is the intent of this
article to promote the health, safety, convenience, aesthetics, morality, and
general welfare of the City by regulating signs in order to meet the
following obiectives:
1. Identification. Promote and aid in the identification
and location of an establishment, organization, or neighborhood;
2. Aesthetics. Preserve the beauty and unique character of
the City by protecting it from visual blight and providing a pleasing
environmental setting and community appearance. which is deemed
vital to the attraction and retention of business and commerce;
3. Land Values. Protect property values by assuring
the compatibility of signage with surrounding land uses;
4. Safety. Promote general safety and protect the
general public :from damage or iniury caused by, or partially
attributed to, the distractions, hazards, and obstructions that result
from improperly designed, constructed. maintained. or located
~
5. Compatibility . Ensure that signs are compatible with
the surrounding built environment, including adiacent architecture
and neighborhoods, and they compliment each other rather than
detract from one another; and
6. S llstainabilitv. T () nr{)m {)tp ",i (TT'l<HTP <lnrl "'"T,..n{)rt
............ ,......................................... ~....'"""'........-t"'..... _.&............ u_.......p'-'.L'-
structures that employ sustainable designs and technologies with
respect to their construction, maintenance, and operation (e.g.
recycled materials, energy efficient, low energy usage bulbs, etc.).
C. Administration. The Director of Planning and Zoning or
designee shall have the authority to coordinate, interpret, and administer this
arti cl e,
February 19. 2009
1
SIGN STANDARDS
D. Applicabilitv. The provlslons of this artlck shaL fh:
considered the minimum standards and are apphcabJe~ all ne~ '1..g!l~'
constructed or displaved after the date of enactment orthese re~ulat1l1n>nl
modification to si L'11S which were permitted prior to th_(~ date o(adoptLllll
these reQUlations,
E. Definitions. See Chapter I. Article II for definitions of siL'11s ane!
related equipment.
F. Permits Reauired. Prior to erecting. altering. displaving,. or
chancing a sign or sim structure on private property or within a right-of-
wav within the City. the property owner or other responsible party must
obtain a siVl permit from the Department of Development in accordance
with Chapter 2. Article II. and pav the required fee, Signs or sign structures
listed in Section 1. G below are exempt from the permitting requirements._ A
sign erected. altered. displayed. or changed without a sign permit is
considered an illegal sign. and shall be subiect to the penalties set forth
herein. Any si!!n proposed within a public or private right-of-wav shall
require approval from the Engineering Division.
G. Exemptions. The permitting requirements of this article
shall not apply to the following siVls however. that such sims mav be
subiect to other provisions of these Land Development Regulations:
1. Address Shw. A non-illuminated Sl L.'11. whIch
indicates the address of the site. provided it does not exceed two (.2 )
square feet in area, The siVl shall comply with the standards of
Section 3.A.9 below,
2. Residential Yard Si2n. A non-illuminated sign WIth
noncommercial COPy located in any zoning district. provided it does
not exceed three ( 3) square feet in area. If proposed as a
freestanding structure. the siVl shall not be greater than four (4) feet
in hei ght and must be located within five ( 5) feet of a building on a
lot: or if there is no building on the lot. the siVl must be located at
least 10 feet from anv property line.
3. Nameplate or Identification Plaaue. A_ non-
illuminated nameplate or identification plaque provided it does not
exceed two (2) square feet in area. The plaque shall comply with
the standards of Section 3.C.13 below.
4. Temporary Real Estate Si2n. A non-illuminated
temporalV'real estate siVl provided it is five ( 5) square feet or less in
area. However. this si gn shall comply with the standards of Section
3.B.l helO\,,'_ which reL'Ulates the minimum required setback,
February 1 q. 200q
')
-
SIGN STANDARDS
allowable location, and maximum size and heillht. No temporary
real estate sill11 is allowed within a public right-of-way because it
would be considered an off-premises sill11 and is therefore
prohibited pursuant to Section 2.K below.
5. Temporary Political Si2n. A non-illuminated temporary
political sign provided it is less than 32 square feet in area.
However, this sill11 shall comply with Section 3.B.5 below, which
regulates the minimum required setback, allowable location, and
maximum size and heillht. No temporary political sign is allowed
within a public rillht-of-way because it would be considered an off-
premise sign and is therefore prohibited pursuant to Section 2.K.
below.
6. Transit Shelter Si2n. A sign located on a transit
shelter provided it complies with Section 3.D.2 below and the
Buildinll Official determines that compliance with the Florida
Building Code is not required.
7. Civic / Government Si2n. A sign which is deemed
necessary by an appropriate city department or public allency and
consistinll of noncommercial copy, intended for safety, welfare, or
informational purposes. This silln tyPically includes I) information
pertaininll to current or future public improvements and events; 2)
traffic, railroad crossing:, wavfindinll, commemorative, and other
llovemmental signage; 3) lellal notices, public hearinlls, and other
temporary and non-emerllency related sill11age; and 4) sill11age
identifying caution, danger, or emerllency situations.
8. Chan2in2 the COpy of a Manual Chan2eable Copy Si2n.
Manual chanlleable copy sill11s may be allowed as an accessory
component to a lJrimarv or secondarv monument sill11 pursuant to
Section 3.C.2.i below. The chanlleable copy portion ofamonument
sign is exempt from the permittinll requirements of this article,
provided that such new coPy complies with the standards of this
article.
Note: In the event anv word, sentence, clause, or other oortion of
this section is determined invalid, then anv sizn otherwise allowed
bv this section shall comolv with the requirements set forth in this
code as if this section was never enacted.
H. Conflict. Whenever the regulations and requirements of this
code conflict with any other lawfully enacted and adopted rules, rellUlations,
ordinances, or laws. the most restrictive shall apply. unless otherwise stated
herein.
February 19,2009
3
SI(;I\ STA\TDARDS
I. Severabilitv . Except as for otherwise provided lTI SectlOn.l'_\U.,
Section 2. and Section 3. should anv section. subsection. para!.!ranh:
sentence. clause. phrase. or other part ofthis article be declared hv~_"'-~l}D
of competent jurisdiction to he invalid. such decision shall not affeqt]li::
validity of this article as a whole or any article. section. subs~-",-rr,m.
paraL'Taph. sentence. clause. phrase. ~)r word thereof. other than thCll,-~\
declared to be invalid.
J. Relief from Standards. Unless described othenvise IJ] this
article. any deviation from these sign standards shall require approval uL~
variance application. which is subject to review and approval bv the em
Commission. A request for a variance shall be reviewed in accordance WIth
Chapter 2. Article II. Section 4.D. No variance may be requested for ;;iL'11s
expressly prohibited bv this article.
Section 2. Prohibited Signs. The following signs and related equipment are
prohibited in all zoning districts. unless otherwise stated herein:
A. Noise Shw. Any sign that produces noise or sounds capable of
being heard ( excludinl! voice units at drive-through facilities) and those
which emit visible smoke, vapor. particles. or odor.
B. Animated or Fluttering Sign. L\nv sign with visiblemovinQ,.
revolving, flashing. or rotating parts or visible movement of anv kind.
C. Motion Picture or Video Sign. Any sil!n with motion picture
or video mechanisms used in such a manner as to pemlit or allow imalles,
D. Electronic Messaging Centers (EMC). Anv si!!I1. including
electronic changeable coPy. which incorporates a technology that allows the
si21l face to change its image without having to physicallv or mechanicalh
replace the si~ face or its components, Such technolog:ies or methods may
include but are not limited to cathode-ray tube (CRT). light-emitting diode
(LED) displavs. plasma displavs. liquid-crystal displavs (LCD), or similar
technologies or methods that allow the sign face to present a series of
images or displavs. However. this prohibition excludes those instances
when such signs are used bv a government or public agencv for the purposes
of directing: or regulating: pedestrian or vehicular movement or when
providinll other important information to the public,
E. Mobile Sign. "L\nv sign not permanentlv attached to a wail.
!!found, or any other approved supporting structure. or a sign desi gned to be
transported. such as signs transported bv wheels. mobile billboards. H/\._
frame" or sandwich type. sidewalk or curb signs. and unanchored siL'TIs.
except where otherwise stated in this article,
February 10.2000
..f
SIGN STANDARDS
F. Roof Si2n. Any sign erected, placed, or affixed I ) to the slope of a
hip or gable roof; 2) above the roofline or parapet walL or 3) on rooftop
structures, including but not limited to mechanical enclosures, mechanical
equipment, or chimneys. All signs shall be located a minimum of six (6)
inches below the top of the mansard or parapet walL where applicable.
G. Snipe Si2n. Any sign that is tacked, nailed, posted, pasted, glued,
or otherwise attached to trees, poles, stakes, fences, trailers, or other
supporting structures, except where otherwise stated for in this article.
H. Painted Wall Si2n. Any sign painted on or attached to a wall,
excluding murals, which are reviewed separately in accordance with Section
3.n.4 below and approved by the Arts Commission.
1. Unauthorized Si2n. Any sign that has not been properly
permitted by the City but located on property owned by or under control of
the City.
J. Non-Geometric Si2n. Any sign structure, shaped to depict figures
or demonstrative shapes used to attract attention to the business activity
with which the sign is associated, excluding an under canopy or blade sign
regulated in accordance with Section 3.C below.
K. Off-Premises Si2n. Any temporary or permanent off-premises
sign, including billboards but excluding those types of signs which may be
allowed in limited instances in accordance with this article.
L. Other
1. Signs attached to or painted on fire escapes, television
antennas, satellite dishes, utility poles, or any other associated
structure.
2. Signs or sign structures supported by visible guy wires,
cables or where there is visible electrical conduit.
3. Any balloons, pennants, streamers. or the like shall be
prohibited if used as a permanent display or temporary sign or as a
means of directing attention to any establishment or ofllanization, or
to a commodity or service sold, offered, or manufactured.
4. Any stationary or revolving light (beacon) which flashes or
proiects illumination. single-color or multi-colored, in any manner
which is intended to attract or divert attention. This does not
February 19,2009
5
SIC1\! STANDARDS
include allY._ lighting required h\ the r ederai A Vl all 111l
-- ---_.._._.~_._-_._-
Administration (FAA) or similar agencies.
5. Am sign which advertises a home-based business (hom.f
occupation ), excluding those allowed in conjunction "',lith a IJ\c
work unit and the corresponding: regulations,
6. Anv illuminated sign designed with bare bulbs. exposed
neon tubing. or similar technology. which is not shielded and
therefore leaving it exposed and directly visible, except for when
used as a window sign and rel'1llated in accordance with Section
4.H.2 below. Neon tubing. bare bulbs. miniature lighting. and
similar technologies shall not be used to illuminate or outline
building facades. storefronts. door openings. window, or windo~
displays pursuant to Chapter 4. Article VII. Section 4.E.
7. Anv pvlon sign as defined in Chapter 1. i\rticle II,
8. Anv sign and i or sign structure which does not meet all the
criteria set forth in this article,
Note: In the event anI' word. sentence, clause. or other porrion of
this section IS determined invalid. then um' sign othen.j'ise
prohibited hI' this section shall complv ,vith the requirements seT
fhrth in this code as ifthis section was never enacted.
Section 3. Standards.
A. General. The following general standards shall apph to all
signs city-wide:
1. Sign Content.
a. Obscene. It shall be unlawful for any person to
display upon any sign or other adyertising structure am
obscene or indecent matter. No sign shall display any
statement. word. character. or illustration of an obscene
nature, as defined bv Chapter 847. Florida Statutes. as may
be amended from time to time.
b. Misleading. It shall be unlawful for a person to
displav false or misleading statements upon signs. intended
to mislead the public as to anything sold, anv services to be
performed or information disseminated, The fact that am'
sign or displav shall contain words or language sufficient to
mislead a reasonable and prudent person in reading same.
February IlJ. 2()UCi
(,
SIGN STANDARDS
shall be prima facie evidence of a violation of this section by
the person displaying the sign or permitting same to be
displayed.
c. Noncommercial COpy. Anv sign authorized in
this article may contain noncommercial copy in lieu of any
other copy. However, in nonresidential zoning districts, the
area of a sign containing noncommercial coPy shall be
construed to count towards the total signa!!e area allowed for
the sign type that it most closely resembles. Any sign
allowed under this article may contain, in lieu of any other
message or coPy. any lawful noncommercial message that
does not direct attention to a business operated for profit, or
to a product, commodity or service for sale or lease, or to
any other commercial interest or activity, so long as said
sign complies with the size, height. area and other
requirements of this article.
2. Computation of Si2n Area. The si!!1l area shall be
expressed in square feet for each si!!1l face. The area of each si!!1l
shall be computed as follows:
a. Desi2ned as a Freestandin2 Si2n. The total square
footage of a si!!1l face is calculated by multiplYing the height
by the width of a regular rectangular area which
encompasses the entire si!!1l face area exclusive of structural
supports. When designed as double-faced or multi-faced
freestanding sign, the area for a si!!1l with more than one (1)
face shall be computed by adding together the area of all
si!!n faces visible from anyone (1) point. For multi-faced
signs, the area shall be computed by the measurement of one
(1 ) of the faces when:
ill Two (2) identical faces are placed back-to-
back so that both faces cannot be viewed from any
point at the same time: and
ill Such si!!1l faces are part of the same sign
structure and there is no more than a 45-degree angle
between the faces.
b. Affixed to a Buildin2 Facade. Fence. or Wall.
The area of a sign face shall be computed by means of the
smallest square, circle, rectangle, triangle, or combination
thereof that will encompass the extreme limits of the
writing, representation, emblem, or other display. together
February 19,2009
7
S](;1\ ST .\NDARD~
with any mateIial or color tonmn!.: an mte!ITal part (It:!):.:
hackground of the displav or used to differentiate thc--".l-m2
from the backdrop or structure a~ainst which It is placed. hut
not including anv supportin~ framework. hracing~ 't'
decorative fence or \\'all when such fence ur wall othCr\\bc'
meets zonin~ ordinance re![ulatiol1s and IS clearlv incltlenlill
to the displav itself. The hack~round area of a w<1li l!
facade on which a si~nlS affixed shall he excluded from till:
computation of si~n area unless the color( s) and )"
'. I.
material ( s) of the wall or facade is such that It vlsualb
appears or contrihutes to the effect 01 Zl si gn llr thaLlJ
explicitly distin~uishes itself as different or uniaue fr().mttll~
Lrreater and remainin~ portion llfthe hU1ldin~ facade. 1e!h:t:,
or wall.
-.
ill lndividual Letters, It a si!.!n conslsts.~J
individual letters, each attached directly tl' ...i!
building or structure without a chan!.:!:e in backLrround
color. the area of the si gn shall be measured bv the
area of the smallest rectan!.:!:le or series of conti~uous
rectangles that enclose all letters or non-word
depictions, ]n addition. the horizontal separation of
words shall not exceed twice the maximum letter
height. The maximum vertical separation ofwOIds
shall not exceed 60% of the maximum letter height.
Gl Panel or Cabinet Stvk If a silm is desil'11ed
as a panel or cabinet style silm. the total area.
including backlrround is included,
3. Cross Visibilitv and Safe-Si2ht.
a. Purpose and Intent. The purpose of this subsection
is to promote safetv in the placement of freestandim: si !.!ns
(as defined in Chapter 1, Article II) and those silms posted to
freestandin~ structures where in close proximity to rights-of-
wav. off-street narking areas. and other vehicular use areas.
The intent is to ensure safe and unobstructed views for both
pedestrians and motorists.
b. Standards. The "safe-si!.:!:ht trian!.:!:le" IS the
triangular-shaped area described bv the Enzineering Desi<.;l1
Handhook and Construction Standards (EDHCS). i\ll
freestanding si(lns shall comply with the following cross
visibility and safe-sight standards:
February ] (). ::' OOC)
~
SIGN STANDARDS
ill Visibility at Driveway Openings onto Rights-
of- W ay or between Properties. Unobstructed cross
visibility shall be maintained in the safe-sight
triangle where parking lot driveway openings and
access points occur along rights-of-way or between
individual properties. All freestanding signs may be
allowed within the safe-sight triangle provided that
unobstructed cross-visibility is maintained 30 inches
above the pavement measured from the abutting
right-of-way or cross-access drive, whichever is
applicable.
ill Visibility at Comers of Rights-of-Way.
Freestanding signs shall not obstruct cross visibility
within 25 feet of the intersection of two (2) right-of-
way lines pursuant to Chapter 4, Article VIII,
Section 4.D.21.
ill Visibility along State Roads. Theplacement
of a sign shall not cause any traffic line-of-sight
obstruction and must comply with the visibility
requirements of Florida Department of
Transportation (FDOT) Standard Index No. 546 or
the latest supplement thereof.
4. Traffic Hazards. No sign or structure authorized by this
article shall be designed and / or erected in such a manner to
obstruct free and clear vision; to be confused with any authorized
traffic sign, signal, or device; or to otherwise confuse motorists or
pedestrians by reason of its position, shape, color. or content. For
example, signs which may be confused with authorized traffic signs.
signals, or devices may include but are not limited to those which
makes use of the words "stop". "look". "danger". or any other word.
phrase, symbol. or character that interferes with. misleads. or
confuses motorists. Furthermore. no sign shall be erected.
constructed, or maintained so as to obstruct any fire fighting
equinment. unless otherwise approved by the Fire Marshall.
5. Wind Load. All signs and other advertising structures
shall be designed and constructed to withstand weather conditions.
wind and dead loads as required by the Florida Building Code or
other ordinances of the City.
6. Unlawful or Unsafe Signs. If it is determined that any
sign. or structure supporting a sign. regulated herein is unsafe or is a
menace to the public. or has been constructed or erected or is being
February 19, 2009
9
SIC1\' STANDARDS
maintamed in violation ofthe provisions oftlm., ordmance. th,::J. il:,
shall give VI'ritten notice to the owner thereof. If the owner bib [(i
.- -.-..- --
remove or alter the si gn ur structure su as tll comply w1th H!."
standards set forth herein within the tIme prescribed in the IH1.l\c.;~,
such sign or structure may he removed (If altered to comph J~ lht.'
citv at the expense of the pemlitte(;' or ()\vncr of the propert\.!:!J2~lD
which the Sil'11 or structure supportim: the sign ]s located. 1h~u(':~
may cause am sign or structure supportin!! a SEm which present~",
direct and immediate peril to persons (If propert.:"_l(J 1>c rCJ1ll1\Ccl
without notice to the propert~)wner:
7. Maintenance. rhe owner of anv su.m and structure
supporting a sign. as defined and re!!ulated hv this article shallb~
required to properlv maintain such siL'll and structure. For a si!!r:tJ.<.'
be properly maintained. the si!!n. together with its framework,
braces. angles. or other supports shall he 111 a safe conditiu)J-,
properly secured. supported and braced,
8. Overhead Clearance. A SHm proiecting over a
pedestrian walkway shall maintain a minimum overhead clearance
of nine (9) feet in height. A si~ proiecting over a vehicular use
area shall maintain a minimum overhead clearance of 14 feet. SIX
( 6) inches in height.
9. Property Address. All properties shall be identified with
the respective property address pursuant to Part II. Chapter 10.
Article IV (Property Maintenance Requirements). In addition. the
following si~ standards shall apply:
a. Size. The numbers and / or letters associated \vith
each address shall consist of characters which are four (4)
inches for residential properties and six (6) inches for multi-
familv or nonresidential properties.
b. Computation of Si2n Area. Numbers and ur
letters. which are associated with the address of the
monertv. shall not count towards the total si!!nage area of
the sign. An address sign. desi~ed in accordance with
para~aph "a" and Section l.G,1 above. shall be exempt
from the permitting requirements of this article. However.
any sign that contains the propertv address and is larger than
two (2) square feet in area shall require a sign permit. This
sign shall be relyulated by the standards for the type of sign
with which it most closely resembles.
February ] G. 2 ()OG
j()
SIGN STANDARDS
f:. Location of Address on Monument Si2ns. The
property address shall be included on each monument sign.
The location of the address shall be centered at the top ofthe
sign and visible from abutting rights-of-way.
10. Illuminated Si2ns.
!: National Electric Code. All illuminated signs
shall be subiect to the provisions of the National Electric
Code. Signs that are illuminated from an exterior source
shall be designed and / or shielded in such a manner so that
no direct source oflight is visible from off-site.
b. Prohibition in Residential Zonin2: Districts.
All internally-illuminated signs are prohibited in
residential zoning districts. Signs may be uplit from dusk
until dawn but in no case shall the uplighting spill over or
glare onto adiacent properties. The uplighting shall not be
excessive to the extent that it would be incompatible with
the existing lighting levels within the surrounding homes
and neighborhoods.
S Illumination Level. Illuminated SIgns. support
structures. and external lighting sources shall not create
conditions of glare and must be designed to further the
obiectives of this article as they relate to safety. function.
energY usage. and aesthetic value. In multiple-tenant
developments. the illumination level of each sign must be
consistent with each other (and abutting properties) and no
one sign shall be conspicuously brighter than the other so as
to draw more attention to it. The illumination levels of
signs within sing.1e-tenant developments shall be compatible
with the lighting levels of signage on abutting properties.
d. Neon Tubin2. Bare Bulbs. and Miniature
Li2htin2:. Neon. bulbs. miniature lighting. CRT. LED.
LCD. and similar tec1m.ologies may be utilized as a
component of any internally-illuminated sign permitted in
this article. However. the light source of all such signs.
excluding window signs. must be completelv shielded. See
Section 4.H.2.b below for additional community design
standards regarding internally-illuminated window signs.
11. Crime Prevention Throu2h Environmental Desi2ll
(CPTED). See Chapter 4. Article III. Section 5.B for additional
regulations regarding signs and CPTED guidelines.
February 19,2009
11
SIGN STANDARD~
Note: In the cvent anv H'ord. .,cntcncL', l'/aUSc. (I)' o! her POri "!{!.'-'..i
this section is determined inmlid. then am sizn olherH'isL' aflu
bv this section shall comrh' with the requirements set (orthjnllL'\
code as i(this section was never enacTc'LL
B. Temporarv Signs. It shall be unlawful to affix. erect. locate. \11
maintain anvtemporarv sign off-premises unless otherwise authorized under
this subsection. Temporary sillns shall be allowed in accordance with th(;~
following provisions:
1. Real Estate Sign. A temporary real estate SILT!1 IS
allowed on private property for the purpose of advertisinll the sale or
lease of such property. The sign(s) shall complv with the following
standards:
a. Maximum Number. Size and Height (Table 4-1 0).
I--~ I Si.. A". S' H' h I Number of
. . Il!;n ell!; t .
Prolect SIze (Al!;l!;rel!;ate) M' SIl!;ns-
_ Maximum] - aXlmum Maximum
Single-family and multi- I 1 I
. !. . . , per street
famIly (~ess th~n ] (I i ) s.J. h teet frontage:,
dwellmg umts) L ---===-..-.J
Multi-familv (] 0 dwelling I l' t" 1 per street I
. ) ! h s, , (1 1 eet . I
ullIts or more L -. .... ------. .__ ~ frontags... ~
AJ1 nonresidential ! If" ] per street I,
l b s, . 6 teet .-.. .
developments' ---- frontage I
-'.-.1'
Based upon the aggregate signage area of all temporary r.~l!.i
estate signs located within a particular lot or development.
F or the purpose of this subsection. nonresidential dlStrlClS
include commercial. industrial. mixed-use. and miscellaneous zoning
districts.
b. Setbacks. A temporary real estate sil!Il that is m
excess of five (5) square feet in area shall be setback a
minimum of IO feet from all propertv lines.
c. Exemptions. A temporary real estate silln that IS
five (5) square feet or less in area is exempt from the
permitting requirements of this article pursuant to Section
1,G.4 above.
d, Duration. A temporary real estate sil!Il pemlit
shall be valid for 180 days.
February ]lJ. :20(lC)
12
SIGN STANDARDS
e. Prohibited in Required Landscape Strip. A
temporary real estate sign is not allowed within the required
landscape strip that abuts a right-of-way. See Chapter 4,
Article II. Section 3 for additional standards regarding
landscape strips abutting rights-of-way.
2. Project Development Si2n.
a. General. A temporary proiect development
sign or banner is allowed on properties for the purpose of
describing the anticipated development during the
construction process. This signage typically identifies the
proposed name of the development and basic information,
such as its pricing, square footage. proiected completion
date. identification of maior tenants. and the like. It may
also consist of a graphic representation or illustration that
depicts the development in its completed form.
b. Maximum Number. Size and Hei2ht (Table 4-11 ).
A proiect development sign or banner is allowed as a
freestanding structure or it may be affixed to a temporary
construction trailer. The following standards shall apply:
Si2n Area Si2n Hei2ht- N umber of
Proiect Size (A22re2ate) - Si2ns-
Maximum Maximum Maximum
Less than 1 0 125 s.f. 15 feet ] 1 2
acres
Greater than 250 s.f. 3 15 feet 1 2
1 0 acres
1 If affixed to the side of the temporary construction trailer. the
sign or banner shall not be greater than 15 feet in height or exceed the
height of the trailer, whichever is less.
:f. A second si gn or banner may be allowed if warranted by unique
circumstances, such as the number offrontages. However, the aggregate
signage area between both shall not exceed 125 square feet within a
particular development..
l A development is allowed a maximum of two (2) signs or
banners, However. the total aggregate signage area between both shall
not exceed 250 square feet within a particular development.
c. Duration. The temporary proiect development
sign permit shall be valid for 180 days. No permit shall be
issued until an application is submitted for a construction-
related permit. The sign or banner is subiect to removal if
February 19,2009
13
SIGN STANDARn~
constructi on has II( )1 commenced or IS substanualh
abandoned. as evidenced bv a lack of inspections ans.L ~r
other pertinent conditions. The si!!ll Ill' banner sh;JJl he
removed prior to final building inspectlOn.:
3. Construction Sign.
a. General. A temporal" construction sil!:n or
banner is allowed on properties durin!! the construction
period for the purpose of advertising the active participants
and stakeholders of a project. This siQJlage typicalh
identifies the names and phone numbers of associated
developers, planners. architects. en!!meers, contractors.
subcontractors. and the like.
b. Standards. At construction sites, a temporal'
construction sign or banner is allowed to be 1 ) placed on the
temporary secmitv fencing or other types ofbarriers that are
required and approved by the Building Official; 2) a
freestanding structure; or 3) affix ed to a temporary
construction trailer. The siQJl or banner shall not exceed 32
square feet in area or be greater than six ( 6) feet in height.
However. if affixed to the side of a construction trailer. the
height of the si gn or banner shall not be greater than] 5 feet
or exceed the height of such construction trailer. whichever
is less,
c. Duration. The temporal'" con structi on Sl !!n
permit shall be valid for 180 davs. No pennit shall be issued
until an application is submitted for a construction-related
permit. The sign or banner is subiect to removal if
construction has not commenced or IS substantiall \
abandoned, as evidenced by a lack of inspections and. or
other pertinent conditions. The siQJl or banner shall be
removed Plior to final building inspection,
rI Tpmnor~r" <;;:'pt>nrihl J;'pnt>ino T pmn,\l~~n,;
- ___ ____.-"'" __ . .....,..........._.......... ... _......___a.._ ... ................................ -... .
securitv fencing around construction sites mav contain
screening material enhanced with lifestyle L'Taphics. images.
pictorals. wraps. photographs. or a combination thereof.
However. the screening materials shall not conflict with the
original intent for such fencing. mesh. or related materials.
which is to offer protection from dust. debris. and other
airborne particulate matter (pursuant to Chapter 3. Article V.
Section 2.F, ), See Section 4.HA below for additional
Februarv ]l). 200Q
14
SIGN STANDARDS
community design standards regarding lifestyle graphics on
temporary fencing and barriers around construction sites.
4. Banner. A temporary banner. except for when used as
a 1) temporaryproiect development sign: 2) temporary construction
sign: 3) special temporary sales event sign: 4) seasonal sales event
sign: or 5) Recreation and Parks Department Special Event Sign is
allowed for any new or existing nonresidential use for a maximum
of90 days within a one (1 )-year period. Unless otherwise specified.
the banner shall not exceed 20 square feet in area and must not be
located within 1) the building setback: 2) landscape strip abutting
rights-of-way: 3) perimeter landscape buffer: or 4) located off-
premises within a right-of-way. In all instances. its location must
comply with the cross visibility and safe-sight standards of Section
3.A.3 above. All banners shall be removed within 12 hours upon
the posting of a tropical storm or hurricane watch. See Section
3.B.9 below for additional regulations regarding banners proposed
in connection with a Recreation and Parks Department Special
Event Permit.
5. Political Si2n. With consent of the property owner. a
temporary political sign is allowed on private property during the
period preceding any local. state. or national election. No political
sign is allowed within rights-of-way or on City-owned property. In
addition. political signs shall meet the following standards:
February 19,2009
15
SIGN STANDARDS
a. Maximum Number. Size and Height (Table 4-12)~
I _J Si..M~ . ... . .----;""=---==---==""'-'-==~__.=_ --=='--C,',-
Sign Area Sign Number of
Proiect Size ( Aggregate) Height - Signs -
(per ~ign) - - Maximum I Maximum I Maximum'
MaXImum
Single-family and multi-
family (less than 10 dwellim, ~2J~ ~iL.~.i vlu IlwLe
units)
Multi-family (10 dwellmg 5 ~.L 3':: ~L ..; feet \.Lu Ltm.ls;
units or more) --~~_. ._______n________
Nonresidential developments 5 ~.f. 3=:~L 4 feel \l.tl I WS'
(less than 5 acres) 1
-----". ---_.~--_...._-_._._--~_._- ---"----
Nonresidential developments I
( 5 acres or more) 1 32 s.L ~) ~.L ,_, feet i\huuple
-~-"--
-..---------
Based upon the aggregate si!lnal!e area of all te.!:J.lI1t2Ulr}
political sil!ns located within a Palticular development,
A development is allowed to have multiple signs. However. the
total aggregate signal!e area shall not exceed the maximum allcnved
within that particular development.
- F or the purpose of this subsection, nonresidential districts
include commerciaL industriaL mixed-use. and miscellaneous zoninl!
districts.
b. Setbacks. A temporary political sign that IS 111
excess of five (5) square feet in area shall be setback ~
minimum of] 0 feet from all propertv lines.
c. Exemptions. A temporary political sign that is
smaller than 32 square feet in area is exempt from the
peImitting requirements of this article pursuant to Section
],G.5 above,
6. Special Temporarv Sales Event Sign.
a. General. Pursuant to the supplemental zoning
rPHlllt.:ltlonC' ,rl,,;)1"'\tr-or ~ Art1("lolr-o \l c:. r-o/'"1-1 non h ~ ;t "h"l1 he>
.. _j;.,........'-"'\..l'-'.L..l.U ,_............!-''-_.1. ~, ~ .L J....J. '-~.....,~....., ,.. '-'_.....,'-.L'-J.I.~ "--',~ ~ l .:).l.J.L,l..L.l iL.''-
unlawful for any establishment to display retail merchandise
outside a principal building without first having secured a
permit for a special temporarv sales event. The purpose and
intent of these regulations IS to establish mITIlmUm
requirements for signage related to a special temporanr sales
event.
b. Sign Permit Required. See Chapter 2. Article
II. Section 5.E for additional regulations regarding the
February] 9.2009
I ()
SIGN STANDARDS
process for obtaining a sign permit from the Planning and
Zoning Division.
~ Size. The size of a sign or banner associated with a
special temporary sales event shall not exceed 20 square
feet.
d. Location. The sign or banner shall not be
located within 1) the building setback; 2) landscape strip
abutting rights-of-way; 3) perimeter landscape buffer; or 4)
located off-premises within a right-of-way. In all instances.
the location of the sign or banner shall comply with the
cross visibility and safe-sight standards of Section 3.A.3
above.
e. Duration. The special temporary sales event
sign shall be valid for the duration of the special temporary
sales event.
f. Miscellaneous.
ill All signs and banners shall be removed
within 12 hours upon the posting of a tropical storm
or hurricane watch.
ill Any property owner desiring to obtain a sign
permit in order to sell Christmas trees. pumpkins. or
fireworks as an accessory use would need to obtain a
Seasonal Sales Event Permit. which is regulated
separately in accordance with Section 3.B. 7 below.
7. Seasonal Sales Event Sh?;n.
!.: General. Pursuant to the supplemental zoning
regulations (Chapter 3. Article V. Section 7). it shall be
unlawful for any establishment or organization to display
Christmas trees. pumpkins. or fireworks outside a principal
building without first having secured a permit for a seasonal
sales event. The purpose and intent of these regulations is to
establish minimum requirements for signage related to a
seasonal sales event.
b. Sign Permit Required. See Chapter 2. Article
II. Section 5.E for additional re2Ulations regarding the
process for obtaining a sign permit from the Planning and
Zoning Division.
February 19.2009
17
SlGN -';TANDARD~
c. Size. 'fhe SIze ota si~n ur banner assucIated \\11h d
seasonal sales event shall not exceed ~(i_~quare Jcet,
d. Location. fhe si ~n or banner shall nut he
located within 1) the buildinll setback: :2 i landscape strip
abuttin~ rillhts-of-wav: 3) perimeter landscape buffer: ur-tl
located off-premises within a rit!:ht-of-wav, In all instances.
the location of the si~n or banner shall campI\! with the
cross visibilitv and safe-sillht standards.of SectionL.'\}
above.
e. Duration. The seasonal sale event sil!n shall be
valid for the duration of the seasonal sales event si2:n,
f. Miscellaneous, All si2Jls and banners shall be
removed within 12 hours upon the postin2: of a tropical
storn1 or hurricane watch.
8. Vehicle Display Si2n. Motor vehicles displaYm~
business names, addresses. telephone numbers. em ail address.
website information, contractor certification numbers. 102:os or
similar infom1ation. or which contain signage of anv kind on vehicle
surfaces shall not be parked or stored in the row of parking stalls or
in anv area within 25 feet of the front property line for longer than
four ( 4) hours within a 24-hour period unless there is only one ( 1 )
row of off-street parking area between a buildin2: and the street. or
where no rear off-street parking areas are available. However. this
tyPe of advertisinl! on vehicles shall not applv under the following
circumstances:
a. Vehicles, in the process of making. a temporary
delivery to a residence. establishment. or orl!anization (i.e,
U.S. Postal Service. UPS. Federal Express. DHL. Airborne.
etc.):
b. Vehicles used m coniunction with a speci al
promotion and possessinl! a valid permit:
c. Vehicles containing adveIiisinll siL'11s which are less
than eillht (8) square feet in area and letters that are less than
eillht ( 8) inches in height:
d. Vehicles used fc)r public transportation: and
e. Vehicles parked on private properties located In
indusllial zoning districts. unless parked or stored in off...
February 19.2009
li\
SIGN STANDARDS
street parking areas that abut an arterial or collector
roadway.
9. Recreation and Parks Department Special Event Sign.
Any sign or banner proposed in conjunction with a
Recreation and Parks Department Special Event is regulated
separately and shall comply with Part II, Chapter 13. Article I,
Section 13-20.
Note: In the event anv word, sentence, clause, or other oortion of
this section is determined invalid. then anv sign otherwise allowed
hv this section shall comolv with the requirements set forth in this
code as if this section was never enacted.
C. Permanent Signs. It shall be unlawful to affix. erect. locate. or
maintain any permanent sign off-premises unless otherwise authorized
under this subsection. Permanent signs shall be allowed in accordance with
the following provisions:
1. Wall Sign (Affixed to Building).
a. General. One (1) or more wall signs. which
typically advertises the name of the establishment.
organization. product. or service. are allowed on the facade
of a building. provided such sign( s) and supports do not
extend in excess of 18 inches off of the face of the building
walL beyond the building corner. or at all above the parapet.
An exception may be made for architectural elements that
provide a roofline break such as an entry feature with a
minimum offset forward of the tyPical building wall of three
(3) feet.
February 19,2009
19
SIC1\; STANDARD~
b. Maximum Shw Area (Table 4-13). Themaxnl1u111
allowable area for wall si~ms is a factor of the zoning dlslri'-:l
and 1 en gth of the building wall. Wall si gnf, shall be all.(l\~ <;:d
in accordance with the following table.
II "-----. !~
" Sign Area - Maximum
II (Ratio of maximum allowable wall
"
Zoning District !i
'I sign area for each linear foot of
'! i building or tenant space)
_,
ir--
Residential
- . ii "-"---------.
Single-Family district I --i~- --.
Two-Familv distirct1 !' 1: 1. hut nL)l h' exceed :1':: square leel
Planned Unit Development! .-.-.--+--- _____n..__.____.___ _.~-~
Multiple-Family distrid
1nfill Planned Unit Development! i
'I
I Commercial Ir---- -- "'=-0-_"'
I!
Mixed Use !i .;: 1 \,4
I Miscellaneous "
Ii
i CBD -.-JI 1:1
I Industrial j! .---
: ;1
. ,-_.." '...- .
1 Wall signs are allowed for nonresidential developments w!thm
single-familv residential, two-familv residential and planned unit
development zoning districts, and within all developments containing
multiple-familv residential uses (in excess of] 0 dwelling units). Th_e_t.Q11
of the sign( s) shall not exceed the height of 10 fee.t.
~ Wall signs are allowed within all developments containmg
multi-family residential or nonresidential uses.
,1. Pursuant to Section S.B.::: belo",. the maximum wall si~n area
mav be increased by ] 0% to allow for additional signage on rear facades
of multiple-tenant buildings within nonresidential developments
4 For a multiple-tenant building designed as an indoor shoPPll1g
mall. the maximum allowable wall sign area may be increased, provided
the total signage area (per wall of a maior department store or center
store containing an exterior customer entrance) does not exceed I O''-~).<1J
the area for each facade.
c. Signs on Multiple-Storv Buildings. Wall
SH..rn S are allowed on upper floors of multiple-ston
huildings.. but only when 1 ) the buildin~ is desiL'TIed for and
Gontains multiple tenants or occupants. and the entrance
doors for such tenants or occupants (on upper floors) are
designed external to the building: or :2) the SigIL which
indicates the name of the building or its maior tenant. i:-;
placed near the top of the building regardless of any external
doors on upper floors. In both instances however. the
signal!e is considered "wall sign ( affixed to building)'" and
February 19.2009
20
SIGN STANDARDS
shall count toward the aggregate wall signage area. Wall
signs located on upper floors, excluding the building or
maior tenant name as identified above, shall be located in
front of each tenant space or bay.
2. Monument Sign.
a. Purpose and Intent. The purpose of this
subsection is to ensure order, safety, and unobstructed views
for both pedestrians and motorists, The intent is to
specifically prevent proiect signage from lowering the level
of safety and aesthetic quality of the streetscape
environment through appropriate and uniform restrictions on
size and placement.
b. Computation of Height. The methodology for
measuring the height of a monument sign shall be in
accordance with the Definitions (see "Signs, Height" in
Chapter 1, Article II). However, for the purpose of this
subsection. the height shall exclude that portion of the sign
devoted to displaying the property address.
c. Maximum Height., Size and Number (Table 4-14).
The maximum allowable sign height and area are a factor of
zoning district, property size, and number of travel lanes on
the abutting roadway. Use Table 4-14 below, including the
corresponding footnotes to determine the regulations
applicable to a given proiect. Note that circumstances such
as compatibility with surrounding properties and proiect
scale may warrant a reduction in total sign height and size.
February 19. 2009
21
SIGN STANDARDS
II __m_______,__._.__
I , Heighe- Maximum (in feet) I ~_._".._----_._,-_._-
I Number I "'rea - Maximum
" I Primary and Secondary)"
I! I
Zoning i Property of Travel I~_~.._~ Signs_._.~__..__~~-- (in square feet)
Ii I Size (in Lanes in
I District I I' S' I Multiple- Single- M ultiple-
Acres) i Abutt;.g J mg ,.
I I Roadway I Tenant Tenant I Tenant Tenant
I '_ I Development Development II Development Development
I: I
'E~~icJ . - ~ ~ f;
I ResidentiaI4 Any I - ,...-- ---~,. _____,.___u.___ ..._n__m'Om
~ \ \
4 or 6 i :; 11 ~ 4 ~'o: . t -:= +:~ -,';-~_-- .__u.,_ - ..
Ii ~:~erCial, I - , 4 ~~..~!:~-+..~===...__._=_-f=-...+..---H ~: _..__~_I'
II Industrial, I 2 to S I___~__.___I~... _~.t:'__...___._ _ h:+!__. -il
I' SMU, Other , I h ~ 1\ :+1
,: I' _,.... .. __m___.__..__ _ _'__
I ! .. - .
! > 85 I ~:r ---'/; - "'''-'--l~ ~: .,
I: I .'l------------- ---.----
~~~2-l ~ i: 1,'" ';: , ----.
I - i---.~. --- - -. --00- - -.
I -< 2 i 4 II.; .::; , .Ji
, ~---~+-~--=._~- .---- - ~-- --. - :---- ~--
I b ,I NA NA 1\".. '\
I Mixed Use I L-=:2---=I ____C=.- -~-- ---- .., ~'~__-.' II
(D rban 2 to 8 il -l (1 h -\1
,-.---- -- ,-- - --... -- - ----.. -~,..------ --------
m",k(,) ~'NA NA ".\ ,
.., ,r--'--.. ...--::-----..,-- . ,.. --.------
I I.. 8 [-~ -+ N ~A-- -==- ... N'~~= :~ _~~,
1 C ircumstance~. such cOmpatIbl!Jt\ with surroundmc:
- as
properties. existinQ or planned character for the area, speed limib...anQ
proiect scale may justify further reductions in the maximum siL'11 heiuhlS
- Secondary si!!:ns shall be located along propertv line( s! abmunc:
ri!!:ht~-of-wav with secondary access.
.1 For maximum hei!!:ht of secondarv sign. see primarv si!!:n heluht
Cor travel lanes of road on which the sign will front,
:! A primu/T or seco/ldurl' monument sIgn is allowed for all
nonresidential uses or within multi-familv residential deYelopment~
containing at least 10 dwellinQ units.. The sign shall not be imemalh-
illuminated
~ F or indoor shopping malls. as an alternatiye. a four ( 41,slded
si!!:n. not to exceed 32 square feet per siQn face. is allowed at each point
ofyehicular inQress (from a public right-of-way) into the development
~ The maximum area of a monument si!!:n shall not exceed 1(,
square feet where located on outparcels which are smaller than one(]J
acre.
Siun area mav be increased bv ] (I square feet Del' each
additional acre of lot size ureater than two (21 acres (round up at l.le:'],
February] O. 200C)
,....
--
SIGN STANDARDS
d. Setbacks. All monument signs shall be setback
at least 10 feet from all property lines, measured from the
property line to the closest surface of the sign.
e. Cross Visibility and Safe-Si2ht. All monument
si~s shall comply with the cross visibility and safe-siQ:ht
standards and regulations of Section 3.A.3 above.
f: Property Address. The property address shall be
required on each monument sign in accordance with Section
3.A.9 above.
(J Proiect Name. Each si~ shall include the
::a: name of the proiect or development. The name shall be
located at the top of the siQ:ll iust below the site address.
The balance of the si~ and / or coPy must meet the
obiectives of the purpose and intent of Section 1 above (e.g.
identification, aesthetics, etc,) and the community design
standards of Section 4 below (e. g. compatibility. sign style,
lettering, etc.).
h. Landscape Material. Landscape material shall be
required along the base of all monument signs in accordance
with Chapter 4. Article It Section 5.1.
i. Chan2eable COPY Si2ns. A monument siQ:ll may
contain changeable copy provided the entire si~ and its
support structure is desiQ:lled in accordance with the
following standards:
ill Size. The changeable COPy component of
the siQ:ll shall not comprise more than 20% of the
sign face, unless a larger percentage is otherwise
I required by federal or state law.
(')\ 'T';~;_ ~ 'T'1..~ message .t:..~_ any
1.!=..L 1 1111111~. 111<;0 UV1U
changeable copy shall not change more than once in
any 24-hour period. unless otherwise required by
federal or state law.
ill Design. \\Then a monument siQ:ll is
proposed to include chanQ:eable copy. the existing or
proposed sign shall be constructed of masonry,
concrete-block-steel (CBS), or other comparable
material so that its appearance meets the aesthetic
February 19, 2009
23
SIGN STANDARDS
rcqUlrement~___lll thi~__.(lrt1c:LS::~n n )D._ additwH. i
I.:han~eable copv portion shall not intertere l;
conflict with the visibilitv of the propertv addre~so
which is a required component uf all monuDLC:!.1J
S1 L'11S pursuant t(1 Section .::.A.9 above.
changeable copv portion of the siL'11 shall be ]ocajc2.d
at the bottom of the si~ face..
W Multi- Tenant Developments, ChanS!eabls.;
copy 1 s allowed on swns within multi -tenant
developments provided that such COPy is part Ofiill
approved si S!n program.
W LetterinS!. The tYpe of letterinS! for all
changeable copv siS!ns shall be one ( 1) of the
following: I) plastic channel lettering: 2) plastic
card tyPe lettering: or 3) raised wood I etterinS! , The
manufacturing of such lettering shall be of typeset
(machine printed) qualitv. No type of freehand
lettering. chalk. or chalkboard surfaces are allowed.
and electronic messaging centers are prohibited
pursuant to Section 2.D above,
The color ofthe lettering ( and. or characters) within
the chanS!eable copv portion of the siL,'11 shall be
similar and consistent with the lettering style of the
main portion of the sign face.
The maximum height of all letters. digits. and. or
characters associated with a changeable copy sign
shall be 10 inches. unless otherwise required b\
federal or state law.
i. Miscellaneous. Signs which are affixed to.it
perimeter wall or fence shall be regulated as follows:
11 \ Mixed-Use Development Identification Sign.
'--"-'-
Signs. which are typicalh affixed to security
or perimeter walls of a mixed-use development. are
considered Mixed-Use Development Identification
Signs and are reL'1llated in accordance with Section
3.C.l1 below,
Gl Neighborhood Identification Sign, SiL'11s.
which are typically affixed to securitv or perimeter
walls of a condominium proi ecl. residential
development. orregistered residential neighborhood.
Februarv ] q. 200Cl
24
SIGN STANDARDS
are considered Neighborhood Identification Signs
and are regulated in accordance with Section 3.C.12
below.
3. Directory Si2n. One (1) directory si~ is allowed for
each street frontage of a nonresidential development containing
multiple tenants. The sign shall not exceed 18 square feet in area or
be greater than six (6) feet in height, and must comply with the
setbacks required for the principal building, Staff may support
additional directory signs if iustified accordingly. See Section 4.H.3
below for additional community design standards regarding
directory signs.
4. Directional Si2n. A maximum of four (4) directional
signs, erected at points of ingress / egress are allowed within all
planned and multi-family residential developments, and
nonresidential developments. Each si~ shall not exceed four (4)
square feet in area or be greater than five (5) feet in height. Staff
may support additional directional signs if iustified accordingly. A
directional sign may be allowed off-premises, provided that the
following conditions are met:
!: Le2al Cross-Access. The establishment,
organization, or residential development does not have
frontage on an arterial or collector roadway but contains
legal cross-access through private property (or from a
private right-of-way) to an arterial or collector roadway;
b. Easements and A2reements. Recorded sign
easements and agreements between property owners and / or
land holders for any proposed off-premise directional sign
are submitted for City review and approval.
5. Menu Board Si2n. One (1 ) menu board si~ is allowed in
coni unction with a drive-through facilitv. Additional menu board
signs may be allowed should circumstances warrant more than one
(1) structure. The sign shall not exceed 25 sauare feet in area or he
greater than six (6) feet in height. The sign, which indicates the
products or services rendered and their corresponding prices, may
be designed as a single-faced freestanding structure or affixed to a
building facade. If placed on the facade of a building and oriented
toward an abutting right-of-way, then it is considered a wall sign
and shall count toward the aggregate wall . .
slgnage area III
accordance with Section 3.C.l above. In all instances, all menu
board signs shall be located as far from residential properties as
possible and any audio devices oriented awav from such properties
February 19. 2009
')-
~)
SIGl\ STANDARD~
to the maximum extent possible l1Ll\rci~- _ ii' _ redu'<':~J]uteIH]9'
impacts.
6. Awning Valance Sign. Une I I , SU!I1. located ulLth.l:
valance of an awning hung over each public entrance is all 0\\ cd
within multi - family residential ( 1 0 units or more) and nonresidentiaj
developments. provided the siL'llage area does not exceed ~wo!-'-..<_)l
the valance area. The letters within the si~n shall be no LTfeater than
six ( 6) inches in height. An awning valance siL'11 shall count tuw;,![~j
the ag2Tegate wall signage area in accordance with Section}. (
above. The si~n shall not be intemallv-illuminated,
See Chapter 4, Article III. Section 3,A.5 for additional deswn
standards regarding awnings and canopies.
7. Covered Walkway / Arcade Sign. One (I) sign. not to
exceed three (3) square feet in area. is allowed for nonresidential
uses within a multiple-tenant building that has a covered walkwav
or arcade on the first or upper floors. The sign shall be located in
front of each public entrance and oriented perpendicular to the
building facade. In all instances. the sign shall be hung with l;l!id
mounting and all brackets and materials used must be decorative
and compatible with the principal structure, The minimum
overhead clearance over a walkway shall be nine (q) feet in hei!!ht
8. Blade Sign. One (I ) blade sign, not to exceed four (4)
square feet in area, is allowed for nonresidential uses within a
multiple-tenant building in accordance with an approved si ~n
nro!!Jam. The sign shall be located on the wall of a building in fi'ont
of each ground floor tenant space in close proximity to the public
entrance and oriented perpendicular to the building facade.
Additional signs are allowed ifthe tenant has multiple frontages and
each frontage contains a public entrance. It shall be hung with I;gid
mounting and all brackets and materials used must be decorative
and compatible with the principal structure. The minimum
overhead clearance over a walkway shall be nine (9) feet in height.
The pro;ection of the blade sign shall not cause the sign to be taller
than the existing building height or 16 feet. whichever is less. The
sign and its support structure shall not extend more than three (.3!
feet from the wall. A blade sign may protrude into any required
vard but it shall not extend outside the propertv line unless il
protrudes into an abutting right-uf-way and not onto private
property, In this instance, the owner shall obtain all necessary
permits where the blade si!lll protrudes bevond the property
boundary and into a right-of-wav. A blade sign shall nol be
intemally- illuminated.
February ]q. 2()(lC1
2h
SIGN STANDARDS
9. Window Si2D. This subsection is intended to regulate
the allowable location, size, and appearance of permanent window
SIgns.
~ Applicabilitv . Window signs are allowed in
any nonresidential zoning district. For clarification, this
includes any illuminated sign located inside a building
within five (5) feet of a window or any sign attached to an
interior display located within five (5) feet of a window, and
each shall count toward the aggregate window signage area
allowed on the nearest windowPane, which is regulated in
accordance with Section 4.H.2 below.
b. Exemptions. Window signs are exempt from the
permitting requirements of this article if designed in
stenciled or vinyl lettering and affixed to a window.
However, the maximum coverage allowed for all window
signs shall comply with the community design standards of
Section 4.H.2 below.
f.: Restrictions. Window signs shall not be allowed
for any residential use. In addition, window signs made of
paper. cardboard. plywood. or the like shall be prohibited
when affixed to the glass or displayed inside of the glass but
not necessarily attached thereto. and which are visible from
the outside. However. this does not prohibit the use neon
tubing. bulbs, miniature lighting, CRT. LED, LCD, and
similar technologies. or the use of die-cut vinyl or stencil
lettering applied directly to the glass. See Chapter 4, Article
VIr. Section 4.E for additional prohibitions regarding the use
of neon. bare bulbs, and miniature lights that are intended to
encircle or outline windows, doors. and other building
elements.
10. Rear Door Business Identification Plaque. One(1 )
business identification plaque is allovved on the rear door( s) of each
establishment or organization within a building containing a
nonresidential use. The sign shall not exceed three (3) square feet in
area or be internally-illuminated.
11. Mixed-Use Development Identification Si2n. A
development located within a mixed use zoning district may erect a
single-faced sign on each side of any entrance. One (1) double-
faced sign may be erected in lieu of two (2) single-faced signs.
However, where feasible, the sign shall be incorporated into proiect
February 19,2009
27
SIGN STANDARDS
elements such as buildin!! facades. decorati,e ur perimeter \\(llb. I]:
accent features such as fountain structures or th~.li1.t:..
a. Size. The maXImum height and SIze of such sign( s!
shall be regulated in accordance with Section 3.C.~._1ind
Tab I e 4-]4 above. Circumstances such as project
scale, traffi c speed. ideal streetscape desi gn and vision..t\2I
the respective corridor. and compatibihtv \vith sUlTounding
propertIes, mav iustifv reductions __1..0. the -Lnaxmwnl
size allowed.
b. Setbacks. The siL'11 shall be setback a minimum
of 10 feet unless combined with other proiect elements as
described above which may be subiect to a lesser setback
dimension.
The silffi and support structure may be allowed wIthm a
pubhc or private ri!!ht-of-wav if adequate space does not
exist on private property as determined bv the City. and
provided that it does not interfere with the maintenance of
existing utilities. A sign proposed within a Citv maintained
public ri !!ht -of- wav shall reqUIre approval from the
Engineering Division and complv with the following:
ill No person shall begin to construct.
reconstruct. repair, alter. or grade in or upon anv
area of public rights-of-way in the citv without first
obtaining a permit as provided for in ChapteJ~_~o
Article III. Section 4.B,
ill All traffic regulatorY and warning signs shall
comply with the Manual on Uniform Traffic Control
Devices (MUTCD).
W Where applicable, permits must be obtained
from other agencies. including the State of Florida
and / or Palm Beach Count'.'.
c. Cross Visibilitv and Safe-Si2ht. All signs sha]]
complv with the cross visibilitv and safe-sight standards and
regulations of Section 3.A.3 above and the En<;zinecrin-;
Design Handhook and Construction Standards (EDHCSl.
d. Illumination. The sign shall not be intemallv-
illuminated.
F ebruarv ] Ci. 2UOCi
21\
SIGN STANDARDS
12. Neighborhood Identification Sign. A condominium
pro;ect, residential development, or registered residential
neighborhood association may erect a single-faced sign on each side
of any entrance. One (1 ) double-faced sign may be erected in lieu of
two (2) single-faced signs. However, where feasible, the sign shall
be incorporated into pro;ect elements such as building facades,
decorative or perimeter walls, or accent features such as fountain
structures or the like.
a. Size. The maximum height and size of such sign( s)
shall be regulated in accordance with Section 3.C.2 and
Table 4-14 above. Circumstances, such as compatibility
with surrounding properties, speed limits, and pro;ect scale
may ;ustifv reductions in the maximum size of each sign.
b. Setbacks. The sign shall be setback a minimum
of 10 feet, unless combined with other proiect elements as
described above which may be subiect to a lesser setback
dimension.
The sign and support structure may be allowed within a
public or private right-of-way if adequate space does not
exist on private property as determined by the City, and
provided that it does not interfere with the maintenance of
existing utilities. A sign proposed within a City maintained
public right-of-way shall reqUIre approval from the
Department of Public Works and comply with the
following:
ill No person shall begin to construct,
reconstruct, repair, alter, or grade in or upon any
area of public rights-of-way in the city without first
obtaining a permit as provided for in Chapter 2,
Article III, Section 4.B.
ill All traffic regulatory and warning signs shall
comply with the Manual on Uniform Traffic Control
Devices (MUTCD).
ill Where applicable, permits must be obtained
from other agencies. including the State of Florida
and / or Palm Beach County.
c. Cross Visibilitv and Safe-Si2ht. All signs shall
comply with the cross visibility and safe-sight standards and
February 19,2009
29
~IGN "TA~DARD~
regUlatIOns of Section 3.A.3 above and. the Lm!)nt L'iillj;
[Jesig:n Handhook and ConstrucTion c\LLll1dQrd.\.LEI2Ji
d. Illumination. The si!!11 shall not he intemal i \-
illuminated.
13. Nameplate or Identification Plaque. One [ l)
nameplate or identification plaque with noncommercial cop' IS
allowed in all zoning districts. provided that it does not exceed tWl1
(2) square feet in area. This sign tyPically indicates the name uf
occupants residing on the premises but also may be used to identifi
buildings and, or structures of cultural or historical significance.
and is not intended to be an alternate method of advertising for 3
nonresidential establishment or organization. It may also include
signage associated with a live / work unit in con;unction with all
applicable sign proLlTam. The nameplate or identification plag,ue
shall not be internally-illuminated,
:Notc: In the event anv lvord, sentence. clause, or other J]ortion I}j
this section is determined invalid. then anv sif{n other,.vise alloVted
hv this section shall comp!v vvith the requirements set (orth in this
code as i(this section vVQS never enacted.
D. Special Si2ns. The following special si gns shall be allow_cd
in accordance with the following provisions:
1. Civic and Not-for-Profit Directional Si2n. For the
purposes of providinlI a convenience and benefit for the traveling
public. a maximum of two (2) off-premise signs are allowed for :1
civic and fi-aterna! orf:!anization. church. orrecreation facility. Each
sign. which shall not exceed 12 inches bv ] 8 inches. may be affixed
to a post or other approved structure at intersections of public rights-
of-way. and at a maximum of one (]) sign per organization or
facility at any given intersection. A maximum ofthree (3) different
civic and not-far-profit directional signs are allowed per post or
supportiD!:!: structure.
All signs and posts shall be reviewed bv the Citv En!!ineer where
proposed within City maintained public rights-of-wav. In all
instances. the applicant shall bear the cost to construct the siL'11 in
accordance with Citv specifications, The City will provide the post
and install the si!!n at a fee set by the Citv. which shall be paid for
by the applicant. The City shall maintain the si!!l1 for safct\
purposes only and may remove it at no expense to the applicant
should it become illegible or unsafe. The signs shall not be
illuminated.
February] 9. 2009
30
SIGN STANDARDS
2. Transit Shelter Si2n. Signs on city transit stop shelters may
be allowed when authorized by written agreement approved by
action ofthe City Commission pursuant to the provisions of Florida
Statutes. When so authorized by the City Commission. the
following standards shall apply:
a. Location. Signs placed on city transit stop shelters
shall only be allowed at city transit stops designated or
approved by the City. A transit shelter. proposed on private
property or within the right-of-wav. shall be located and
designed in accordance with Chapter 4. Article III. Section
3.F.1.
b. Number. Not more than one ill bus shelter ef
associated structure or equipment displaying signage or
intended for the display of sign age shall be allowed
permitted at a city transit stop.
c. Elevation. Display space on bus shelters shall be
limited in location and size to the side or rear wind screen
panels.
d. Exemption. Pursuant to Section l.G,7 above. a
bus shelter sign shall be exempt from the permitting
requirements of this article. provided the Building Official
determines that compliance with the Florida Building Code
is not required.
3. Newracks. N ewsracks shall have no Sl gnage or
advertising except for that which is allowed in accordance with Part
II Code of Ordinances. Chapter 15. Article VI.
4. Murals.
a. Purpose. Murals. as defined in Chapter L
Article II. are intended to improve the value and aesthetic
appearance of the City. contribute to community identity and
redevelopment. foster cultural identity and preserve history.
and may be used to enhance blank walls that are visible to
the public. all the while respecting community standards
relative to decency and obscenity.
b. Standards. Murals shall be applied in accordance
with the following design criteria:
February 19,2009
31
SIGN STANDARDS
ill Murals shall he apphed utilizmt!_-':I'<:::<!tncJ
resistant paint or materials:
~ Murals shall not contain any ohsccne.
indecent or immoral content:
(3 i Murals shall not he desi2:ned as to constItute
or create a traffic hazard: and
L1l Murals shall only be allowed on building
facades.
c. Review Process. Any ne\\' mural or am
modification to an existing mural shall require site plan
review ( Chapter 2. Article II. Section 2.Fl. In addition. the
Arts Commission shall reVIew each new mural or
modification to an existing mural to ensure the enhancement
of the Citv's aesthetic. historic. cultural. and economic
value, and the preservation and protection of works of art,
Note: In the event an1' word. sentence, clause, or other
1'ortion of this section is determined invalid, then an)' sign
otherw'ise allowed Dr this section shall complv with the
requirements set forth in this code as if this section was
never enacted.
Section 4. Community Desi2n.
A. General.
1. Purpose and Intent. The aesthetic quality of a buildint! or
an entire neighborhood is materially. a factor of the level ofvisuaJ
harmony between signs. support structures, proiect architecture. and
adiacent surroundings. In addition to the mechanical limitations on
SI gns imposed bv this section. there are certain aesthetic
considerations that must be met and therefore signs are subiect to
reVle'.v }", the PI"nn;nn & f)p'up 1 n'Y\'YY\ prd Board and ("it\
~ , ~ .~u.uu... A..-J'....... .......I.....,.......I..I...l......1.1.L
Commission. when required.
2. Administration. The Director of Planning and Zomng
or designee shall have the authoritv to coordinate. interpret. and
administer this section.
3. Applicabilitv . The provisions of this section shall
applv to all new signs. excludin2: single-family and duplex dwellim'.
February 19. 2()()Q
32
SIGN STANDARDS
units within Single-family or Two-family Residential zoning
districts.
4. Relief from Standards. Any deviation from these
community design standards shall require approval of a Community
Design Plan Appeal (CDP A) application, which is subiect to review
and approval by the City Commission. A request for a CDP A shall
be reviewed in accordance with Chapter 2, Article II, Section 4.B.
B. Compatibility . Signs shall be designed and treated as part of
the architecture of buildings and structures. Freestanding signs and other
site signs shall be compatible with and contain the same architectural
elements and repeating features that are used on buildin!!s throughout the
development. All signage, including its color and scale, shall be compatible
with the architecture of the building or structure on which it is affixed or
attached. The overall effect of the lettering, configuration, or color of a sign
shall not be too bright, garish, gaudy, showY, glaring, and / or cheaply
brilliant or involving excessive ornamentation. Garish signs are not in
harmony with and are not compatible with the building or adiacent
surroundings.
C. Shw Style. A single sign style ( such as cabinet. channel, reverse
channel) shall be used for wall signage on all buildings on a site. Reverse
channel letter style signs are preferred in lieu of cabinet signs.
D. Color. Sign colors and supporting structures and / or
materials shall be complementary to the colors of the development.
Excessive use oflarge areas of several colors can create competition for the
eye and significantlv reduce readability. All signs, including those
associated with nationally registered tenants and those within a sign
program, shall be limited to a maximum of four (4) different colors for the
entire development. inclusive of black and white. In addition. the
background color of a "cabinet" style sign shall be considered a sign color
and count towards the aggregate number of colors allowed on a sign.
However, in all instances, colors of registered logos and icons shall be
excluded from this limitation.
E. Letterin2. The following shall apply for all new development or
redevelopment:
1. Size. Sign lettering shall be easy to read and in scale with
the building or tenant space on which it is located. The sign copy
shall be designed and based, in part. on the average distance and
average travel speed of the viewer. Sign messages oriented towards
pedestrians may be smaller than those oriented towards automobile
drivers. A sign message shall be easily recognized and designed in
February 19.2009
,.,,.,
.J.J
SlG1\ STANDARDS
an uncrowded. clear. unambiQuous. and (;onCI~C manner. Sl\ tl1eLt ~i
-.------..-..---.
viewer can understand or make sense of what appears on the ~glic
In order to maximize readabilitv and leQibilit\. It is discouraued I.l'
advertise on a wall or freestanding siQn. in an excessive manner..
phone or fax number. email address. or a particular pro]lo..;l \ \I
service. in coniunction with the name l)f the establishment III
organizati on.
2. Style. The number of different lettenng stvles on tenant
siQIlage on multiple tenant buildings and their outbuildings and
outparcels shall be limited to one ( I) in addition to the letterinl!.
styles of the nationally registered copy of all tenants located v::ithin
the building and its outbuildings and outparcels,
F. Scale. Signa~e on buildings shall be anticipated durinQ the site plan
approval process in order to accommodate them on facades and to prevent
them from conflicting and / or overcrowding with a building' s architectural
features and other facade enhancements. A wall sign ( and corresponding
sign band) shall be in scale with the building. as well as with si!!ns on
buildinQs and structures on adiacent properties~
Signs consisting of multiple words may be stacked (in rows) to maintain the
appearance as a single sign (and sign band). but the sign band of a stacked
sign shall be in scale with the sign band of non-stacked sil"ns. except in
those instances where a buildinQ: facade has been intentionallv desiQ:I1ed or
modified to accommodate a larger size sign band for a nationallv reQ:istered
anchor tenant (within multi-tenant developments). However. in no case
shall any siQ:I1 exceed the size limitations as provided for in other sections of
this article.
G. Landscaping. The base of all freestandinl" signs shall have
landscape material installed in accordance with Chapter 4. ArticleJ1.
Section 5.1.
H. Miscellaneous.
1. Logos and Icons. LOIWS. trademarks. lnSH.'DJ as.
emblems. and other non-word depictions shall be considered
si2:nage. The size of non-word depictions (i.e. logos. lITaphic icons.
illustrations. etc) shall be limited to a maximum of 20%) ofthe area
of the sign erected. unless proposed as a wall or window sign. in
which case thev are allowed to be 1000/0 ofthe sil...'11 erected. When
proposed in excess of 20% of the area of the siw erected. the
maximum size shall be as follows:
February] q. 2()()q
34
SIGN STANDARDS
a. Wall Si2ns. A maximum of nine (9) square feet in
area unless a smaller size is necessary to maintain
proportionality with the facade; and
b. Window Si2ns. No greater than three (3)
square feet in area.
2. Window Si2n. The intent of this subsection is to
encouraQ:e the use of window signs to promote a traditional "main
street" appearance III storefronts , particularly for business
establishments that are an integral component of a pedestrian-
friendly streetscape environment. The design of window si~s,
including font, point size, and layout should be tasteful, nostalQ:ic,
and comply with the following standards:
a. Location. Signs are allowed on windows that
are located on the ground (first) floor and where such
windows are visible from pedestrian walkways.
b. Size. On the window located closest to the public
entrance / exit door, the size of the si~ shall not exceed
20% of the window area, unless an internally-illuminated
sign is proposed, in which case, it may not exceed three (3)
square feet III area. For clarification, if two (2)
windowpanes are located on each of a public entrance, only
one (1) shall be allowed to have the maximum 20%
coverage. For all other windows, the size of the sign shall
not exceed three (3) square feet in area. re2:ardless of the
location or si~ type.
3. Directorv Si2n. To ensure the safety of vehicular
traffic on the City's riQ:hts-of-way and to further the legibility
requirements of this section, the monument sign for a pro;ect shall
not be desi~ed to resemble a directory si~. with the inclusion of
numerous tenant names in small font. Directory si~s are the
preferred method of advertising multiple listinQ:s or tenants, and are
accommodated hv these regulations, SlJ~h c1in~d()rv >:1C111>: ::ITf':
- -~--- --- - ---~, ~----~ -...-
located internal to a site to avoid confusing a motorist and causing: a
traffic hazard on the abutting roadway.
4. Graphics on Fences and Barriers around Construction
Sites. At construction sites. signs and graphics are allowed on
temporary security fencing or other tyPes of barriers that are
required and approved bv the Building Official. The temporary
fencing may contain screening material enhanced with graphics,
images, pictorals, wraps, windscreens. digital prints, photographs, or
February 19, 2009
35
SlG~ STANDARD~
a combination thereof provided that such enhancem cnts ~11~'Jl\ H
intended to he an alternate method of .advcrtising othcr
identifvin(! the name of the development. and does not creale d
diversion or distraction to passing motorists (.aJso-.SecJ=-.hapt~1
Aliicle V. Section 2.F l.
Section 5. Si2n Pro2ram,
A. General.
1. Purpose and Intent. The purpose ofthis section is
to create a comprehensive set of design standards applicable to all
siL'1lage within a multi-tenant development. The intent is to
promote uniformitv and compatibility between multiple signs
(within a single development) and with proiect architecture. in order
to maximize the aesthetic character and overall qualitv of the
development.
2. Applicabilitv . A sign program shall be required flJr
all sign tyPes within nonresidential. multi-tenant developments.
The sign program shall be processed in accordance with site plan
review. The sign program shall regulate everv type of permanent
sign proposed within the development.
3. Permits ReQuired. No pennit shall be issued for an
individual sign within a development containilll.! multiple tenants.
unless the sign conforms to the approved sign prolITam. If a sign
program has not vet been approved. the proposed siL'11 shall
incorporate the desired desiL'11 features and characteristics of the
maiority of signs within the development.
4. Relief from Standards. Anv deviation from the
requirements of this section shall require the submittal of 3
Community Design Plan Appeal (CDP A). which is subiect to
review and approval by the City Commission, A request for 3
CDP A shall be reviewed in accordance with Chapter 2. Article 110
Section 4.B.
B. Standards.
1. General. The sign program shall consist of a set of
standards. including but not limited to the sizes. number. locations.
materials. lettering ( size and font). and colors to be used within the
development. All aspects of the sign prolITam shall be_ill
compliance with the requirements of this article.
February I q. 200G
36
SIGN STANDARDS
2. Wall Si2n (Affixed to Buildin2). The maximum area of
wall signs shall be based on the standards specified in Section 3.C.l
above. However. the maximum size may be increased by 10% to
allow for additional signage on rear facades of buildings within
nonresidential developments. Factors to iustify additional signage
include but are not limited to the following: visibility of rear
facades from rights-of-way; existence of off-street parking and other
vehicular use areas; building orientation and site design; and
pedestrian access and connectivity.
C. Review Process. A new or proposed modification to an
existing sign program shall be reviewed in accordance with Chapter 2.
Article II. Section 2.E.
Section 6. Nonconformin2 Si2ns.
A. General. A sign. which does not conform to the requirements
of this article. shall be deemed nonconforming. A nonconforming
sign cannot be modified (excluding re-lettering or change of COpy) unless
the modification brings the sign into compliance with all sections of this
article.
B. Repair or Removal. Any nonconforming sign and corresponding
support structure that is damaged or otherwise in need of repair. to such an
extent that the cost of repairing the sign equals 50% or more ofthe original
cost of the sign. then its classification as a "nonconfoI1ning" sign under this
section shall be automaticallv revoked and either repairs be made so that
such sign shall meet all the requirements of this article or said sign shall be
removed from the property. Furthermore. any nonconforming sign and
corresponding support structure shall be removed by the owner. agent. or
person having beneficial use of the building. structure. or premises. where
such sign may be found if a bona fide establishment. organization. or
residential development ceases its operation or occupancy for more than six
( 6) consecutive months.
C. Annexation of Nonconformin2 Freestandin2 Si2ns.
1. Billboard. Anv property located in unincorporated Palm
Beach County. which is considered for annexation into the City.
shall have its billboard sign removed prior to annexation. unless
otherwise approved by the City Commission. In such instances. the
City Commission may grant an extension to the time period allowd
for removing the billboard sign.
2. Monument. Pylon. and Pole Si2n. Any freestanding
monument. pylon. pole. or similar type of sign located on a property
February ] 9. 2009
37
SIGN STANDARDS
that is proposed to he annexed into the CltvshaJ] comp!\ y\'lIb ~~U
provisions of this article within six (6) months foIlowin Q: the date
such annexation, Any sillns suh;ect tu this requirement shalIbl:
documented by the City in any applicable ordinance. deve1(~m1)eDJ
order. or annexation aQTeement.
Section 7. Abandoned Si2ns.
When an establishment. onranization. or service is discontinued. all sims relatinl! to
such establishment. organization. or service shall be removed within six ( 6) months
from the date of discontinuance. The si2J1 structure may remain in place if the Si!'-'l1
text is not visible. provided the sign text is covered with an approved durable
material. Failure to so remove such a siLTn shall sub;ect the silln to removal_and
disposition pursuant to the provisions of this article,
Section 8. Penalties. Any person violatinll anv of the provisions of tll1S
article shall be deemed ~uilty of a misdemeanor and upon conviction thereof shall
be sub;ect to a fine not exceedin~ $500. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as
such hereunder.
In addition to any other legal remedies. the City may enforce this article throullh the
City's Code Compliance process pursuant to Part II. Chapter 2. Article II of the
City's Code of Ordinances,
ARTICLE I.I1'J GENER/\L
Section 1. Short title.
This chapter shall hereafter be knovm and cited as "The Boynton Beach Sign Ordinancc."
(Ord. No. 00 78, ~ 2, 1 2 01; Ord, No, 01 50. ~ 3, P 1 (1)
Section 2. Definitions.
Sign, Includes any letter, figure. character. mark, plane, point. marquoc sib'1l. design. poster.
pictoriaL picture, banner. stroke. shipe. line. trademark or reading material \vhich shall he
constructed, placed. attached. painted, erected, fastened. manufactured or displayed in anymannei'
'vYhatsoe'/er for the purpose of informing of or advertising about the nature, type or quality of goods.
sOD:ices or Gcti'.'ities G'.'rrilrrble; or te) rrdyertise the nGme of :m:' finn. corporation business ()1' Gn:
other enterprise, or its nature, type or quality of goods. services or aeti','ities; or to attract tC\-Bf
identify any of tho aforementioned or by its nature, act to drav; attention to a business, Every ~;ib'11
shall be classified and shall conform to the requirements set forth in this chapter.
(Ord. No. 01 50, ~ 3. 1') 1 01)
Section 3. Purpose.
The purpose of this article is to create the framework for a comprehensi','e and balanced system
of sign control. It recognizes the need for a well maintained and attructi','c appearance in a
community and the need for adequate commercial and non commercial site identificationo
February 10. 200C>
-~ ~\
SIGN STANDARDS
advertising and communication. It is the intent of this chapter to promote the health, safcty,
con':enience, aesthetics and general \velfare by controlling signs which are intended to
communicate to the public and to authorize the use of signs which are:
A. Compatiblc with their surroundings.
B. Designed, constructed, installed and maintained in such a manner that they do not
endanger public safety nor contribute to vehicular visual distraction.
C. Efficient in transfer of information.
D. i\esthetically pleasing, and do not cause a '.'isual distraction to pedestrians.
E. /. safeguard and an enhancement to property values ':Iithin the community.
F. Designed to preserve the beauty and unique character of the city,
/J1Y sign containing noncommercial copy shall be deemed an on premises sign, and any sign
authorized in this chapter is allo'vVed to contain noncommercial copy in lieu of any other copy.
(Ord. No. 00 78, ~ 2, 1 2 01; Ord. No. 01 50, ~ 3, 12 1 01)
Section 1. Penalties; enforcement.
Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine not exceeding fi':e hundred
($500) dollars. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder.
Enforcement of this chapter may also be secured through the Code Enforcement hearing process
under Chapter "), Article V of the BOynton Beach Code of Ordinances.
(Ord. No. 00 78, ~ 2, 1 2 01; Ord. No. 01 50, S 3, 12 1 01)
Section 5. Pcrmitting.
Except as provided in "\rticle II, Section 2 it shall be unlawful for any person to crect, repair,
alter, or relocate within the city any sign and the structure supporting the sign as defined in this
~hn~i-~,- n,~i-h~ni- .f:;~ni- ~hi-n~~~~~ n ~~~~i- +.-~~ i-hn D~,~i-~~ D~nnh T\n,,~l~~~~~i- T\~~n"""""~w. n~,.1
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making payment of the fee required. All illuminated signs shall, in addition, be subject to the
provisions of the National Electrical Code.
Signs and structures supporting signs prcviously erected '.vithout a ':alid permit shall be in
violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit
for an illegal sign, or to immediately remo':e such sign and tho structure supporting such sign upon
notice that the sign or structure supporting the sign is illegal. The notice shall contain a time period
for remo':al.
(Ord. No. 00 78, ~ 2, 1 2 01; Ord. No. 01 50, S 3, 12 1 01)
February 19,2009
39
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February 19,2009
41
SIGl\J STANDARD~
(Ord. No. 00 n. ~ '). 1201: Ord,No. 0150. ~ :. '2 10+-4
Section 13, Maintenance,
Thc owner of any sign and structure supporting a sib'l1. as defined and rebTUlated by this chaptcr.
shall be required to properly maintain said sign and structure. For a sign to be properly maintained.
the sign, together'v\'ith its framework, braces, angles or other supports shall bc in a safc condition,
properly secured, supported and braced and shall be able to TNithstand '.veather conditions and lo[lcb
as required by the regulatory codes in effect v,'ithin the municipal limits. Maintenancc shall include
painting and parts replacement.
(Ord. No. 00 78, ~ '). 1 ') 01; Ord, No. 01 50, ~ 3. 12 1 OIl
Section 11, Licensing, competency of contractors,
A person shall not engage in the business of erecting. painting, T,':iring or maintaining sign:;
v:ithin the city without first having procured a business tax receipt for such business from both the
city and the county. The fo11ov:ing qualifications shall govern the cutegories of sign v:ork:
^ Sign contractor, electrical. Those who are qualified and licensed to install. repair. alter.
../. It.. add to or change any electrical '.vires. apparatus. mccv/ays. conduit or any part thereof on electrical
signs and \\'ho are also qualified to erect signs. Such contractor may connect to any existinr, sign
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circuit and may contract and secure permits for the erection of electrical signs or sign structures7
B. Sign contractor. non electrical. Those T,vho are qualified and licensed to install. repair. add
to, paint or change non electrical signs. according to the Standard Building Code and who ma~
secure permits for the erection of electrical signs or sign structures (but must sublet the electrical
v:ork unless an electrical contractor is associated v:ith the firn1 ),
C. Owners, lessees. Notv:ithstanding either of the above classifications. nothing herein
contained in this section shall be construed to pre','ent an owner or lessee of property from
constructing and erecting a non illuminating sign or sign structure, not exceeding thirty tv,o ( : ') )
square feet in area and/or six (6) feet in height, on said property. Such v/ork shall bc erected in J
professional manner and shall comply veith all other sections of this chapter.
(Ord. No. 00 78, ~ '), 1 2 01: Ord. No. 01 50. ~ 3. 12 1 Or; Ord. No, 06 096. ~ 2. 1 2 071
Section 15. \Vind pressure and dead load requirements.
"'\11 signs and other advertising structures shall bc designed and constructed to '::ithstand 'Nind
and dead loads as required by thc Standard Building Code or other ordinances of the city.
(Ord. No. 00 78. ~ 2. 1 2 01: Ord. No, 01 50, ~ 3. 12 1 (1)
Section 16. Removal of abandoned signs.
.^~ny sign. or structure supporting a sign, now or hereafter cxisting v:hich no longer adyertises a
bona fide business conducted or a product sold shall be taken down and removed by the OVv'ller.
agent or person having the beneficial use of the building or structure upon ''vhich such sign may be
found. 'vvithin ten (10) days after the business use cease~;,
February ] q. 2()()l)
-+2
SIGN STANDARDS
(Ord. No. 00 78, ~ 2, 1 2 01; Ord. No. 01 50, ~ 3, 12 1 01)
ARTICLE II. V"^...RL^J'JCES/EXEMPTIONS l\ND PROHIBITIONS
Section 1. Vanances.
"^...fter denial of a sign permit by the development department, a request for variance may be filed
with the City Commission pursuant to Chapter 1, }uticlc VII, Section 1.D.2., of these regulations.
The City Commission may grant a '!arianee ifit finds that the unusual shape or topography ofthe
property in question pre'/ents signage a11ov.rable under the provisions of this ordinance from
adequately identifying the business or other acti'!ity located on such property. The City
Commission may only gran-t a ','aria-nee to:
./.-^1... ,\110':; a setback less than that required under the chapter;
B. Allo',"" the area and/or height of a sign to be increased by up to twenty fi'!e (25) pereent of
the maximum allo'.vable height or area; or
C. },jlov,' the number of sibllS to be inci'eased o','er the maximum allowed by this code.
No variances may be granted to signs expressly prohibited by this chapter.
(Ord, No. 96 61, ~ 1, 1 21 97; Ord. No. 00 78, S 2, 1 ') 01; Ord. No. 01 50, ~ 3, 12 1 01; Ord. No.
02 033, ~ 1, 8 20 02)
Scction 2. Exemptions.
The permit requirements of this chapter Ghall not apply to the following signs, provided
hov;ever, that [mid signs shall be subject to other provisions ofthio code:
./.-^.o Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental
or lease of the premise::; upon which such signa are located. These signs must be set back ten (10)
feet from the property line, meet the structural requirements and must not exceed four (1) feet in
height. Only one (l) such sign is allowed per street frontage.
B. "\ single residential yard sign, not exceeding three (3) square feet in area.
C. \Vindow/door signs using less than twenty (20) percent of the total glass area facing in any
~"".L""" v....J._......"'.&.'-'....... ..L .L.a..&. '-1..1."'-"'-4...1..,;1 .......lJ\. .I..l.....""".Ll,A.lo..I-"'" :u U.l'" l.Vl.u. .:lign ar-ea a1kv,.ved ~TIdei thiG ~h:lpte::.--. The:;e
signs are not permitted in residential zoning districts.
D. Political signs. These signs must comply with "^...rticlc III, Section 6.D ofthis Chapter.
E. Traffic or other governmental signs, legal notices, railroad crossing signs, dangci' signs and
such tcmporary, emergency or non ad','ertising signs as may be approved by the city.
F. Signs indicating the address and/or name ofthe residential occupants of the premises, not
exceeding two (2) square feet in area.
February 19, 2009
43
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T. Electrical or illuminated signs in residential zoning districts, except that in a development
where models are being dem.onstrated, an illuminated sign, meeting the other requirements of this
chapter, maybc used provided no illumination is sho'lm betv/een the hours of9:00 p.m. and 7:00
a.m. the follov/ing day.
U. Billboards.
" Non geometric signs shaped to depict figures or demonstrative shapes used to attract
. . attention to the business activity with \vhich the sign is associated.
'\1T Painted ',vall signs,
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X. Pylon signs.
(Ord. No. 96 61, @ 2, 1 21 97; Ord. 98 01, S 3, 1 20 98; Ord. No. 00 78, ~ 2, 1 2 01; Ord. No. 01
50, ~ 3, 12 1 01; Ord. No. 03 062, ~ 3, 12 16 03)
ARTICLE III. SPECL^~L CONDITIONS
Section 1. Traffic hazards.
No sign or structure supporting a sign reguluted by this chapter shall be erected at the
intersection of any streets in such a manner as to obstruct free and clear ','ision; or at any location
',vhere, by reason of the position, shape or color, it may interfere ';/ith, obstruct the view of or be
confused \vith any authorized traffic sign, signal or de','ice.
(Ord. No. 00 78, S ", 1 2 01; Ord. No. 01 50, ~ 3, 12 1 01)
Section 2. Obscene matter/misleading advertising.
It shall be unlawful for any person to display upon any sign or other ad,,'ertising structure any
obscene or indecent matter.
It shall be unlawful for a person to display false or misleading statements upon signs, caloulated
to mislead the public as to anything sold, any services to be perf-ormed or information disseminated.
The fact that any sign or display shall contain words or language sufficient to mislead a reasonable
and prudent person in reading same, shall be prima facie evidence of a violation of this section by
the person displaying the sign or permitting same to be displayed.
(Ori!. No. 00 78, ~ 7, 1 7 01; Ori!. No. 01 50, ~ 3, P 1 01)
Section 3. Aesthetics.
The aesthetic quality of a building or an entire neighborhood is materially affected by achieving
visual harmony ofthe signs on or about a structure supporting a sign as it relates to the architecture
of the building or thc adjacent sunoundings. In addition to the mechanical limitations on signs
imposed by this section, there are certain aesthetic considerations \\'hich must be met and are
therefore subject to revie'l,' by the Planning and Development Board ',vhen required.
February 19, 2009
45
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February 10. 2000
46
SIGN STANDARDS
^ Temporary project development signs. Large areas under development shall be permitted
.J. ~. two (2) signs not to eJ(()ced a combined aggregate area oft\'lo hundred fifty (250) square feet. Said
signs shall be located in accordance "lith the requirements contained in this chapter relating to the
specific zoned area. Permits for said signs shall bc limited to the time the development is
completed, terminated or abandoned. The pennits fDr such signs will not be issued prior to the datc
upon '.vhich an application for a permit for the related building construction or site de~:elopment is
filed. These signs must be removed v/ithin one hundred t'''''ent)' (120) days after the permit is
issued, if construction has not commenced, or if such construction is substantially abandoned for
ninety (90) days, as evidenced by a lack of inspections and/or other pertinent conditions. Signs
must be removed when the final building inspection is called f-or.
B. Temporary construction signs. Onc (1) non illum.inated sign may be pennitted to be
erected on the premises or attached to a tool house on the premises subject to thc follov/ing
conditions:
1. Such sign shall not exceed thirty t'::o (32) square feot in area.
2. Such sign shall not be erected prior to the issuance of a building permit and must be
removed 'Nhen the building or project is completed; pro':ided, howeyer, if such sign is erected as
permitted hereunder and construction is not commenced within one hundred eighty (1 80) days after
permit is issued, or if such construction is substantially abandoned f-or one hundred eight (180) days
as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign shall
be immediately removed by the owner or lessee of the premises.
,., Such sign shall be located on the premises being developed in accordance 'vVith the
.:l. requirements of this Code relating to the specific zone areas.
e. Directional signs.
1. General directional signs limited to six (6) per civic organization, church, recreational
facility and limited to one hundred forty four (111) square inches per sign and located at street
intersections or other locations for the convenience of the tra'/eling public, may be permitted in city
right of \-vay when appro':ed by the director of de-~:elopment. The owner shall have the signs made
at the mvner's expense, but according to the specifications ofthe city. Said signs shall be placed by
the responsible governmental body at the expense of the owner and when the sign is in the public
right of '.vay, it shall be placed on opposite corners from street signs. .^. limit of six (6) signs on
one (1) pole may be permitted at each street intersection.
2. Signs of a temporary nature, not to exceed seventy five (75) square feet in area, may be
permitted. Such signs shall be located at specified points for the con'lenience of the traveling
public. The signs shall be removed within five (5) days of the completion of the 6':ent.
3. Street signs. ,^, subdivision name sign may be placed on a city street post by city
personnel, pro':ided it is requested through the Public Vi orks Department and paid for by the party
requesting said sign. This sign shall be identical to the street sign as to color, size and shape.
February 19,2009
47
SIGN "TANDARDS
1. Temporary directional sign::; may be erected to guide traffic to buildiI1!..: models a~ IIl1l'F-
sections in the city rights of 'Nay. Such sign::; shall not exceed three (? ) ;;quare feet in area. 11l+H*,
more than three (3) foet in height above the f,'Tade of the right of ''vay. Said sign:; shall be appro'. c;d
by the development department. Not more than six (6) such ::;igns v:ill be allo'ked for any olle'+;-l
development. These signs shall be placed at the development department's discretion and If.-n++
cases shall be placed as close as possible to the development from the main thorout:hfare
5. .\ residential subdivision, residential development or neighborhood association (11
tv/enty fi'.'e (25) units or more, may be allov:ed one (II identification :;ign at each major
intersection which serves the residential :;ubdivi:;ion, residential de','elopmellt or ncighborho(ld
association, not to exceed t\':o such location:;, Each sign may have no more than two (:2) faces 110t
exceeding sixteen (16) square feet each face. and may be located in the public right of \va,,' ,,>,'hen
traffic visibility is unobstructed and the location is approved by the director of de'elopment l 'pon
approval, the city and the representati','es of the residential ::;ubdiyision or residential development
or neighborhood association shall enter into a license a~'Teement. :;etting remll the ~el1m and
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conditions upon ,vhich approval to place the sign on the public right of '.vay is f,rranted. ,^,ppw\a!
does not preclude the necessity to secure appro','als from other govern mental agencies.
D. Temporary political signs may be posted on private property ,vithin the city, "\11 political
signs must comply v.'ith Part III LDR. Chapter"'. Zoning. Section HE) Visual Obstruction:;
E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized hy
\'.'ritten agreement apprO'.'ed by action of the City Commission pursuant to the pro'.'isions ofFS ~
237,107('"'), '.\Then so authorized, the follov:ing standards shall apply:
1. Signs on city transit stop shelters and associated structures and equipment. includin~ but
not limited to benches, bicycle racks. and trash receptacles, shall be permitted only at city transit
stops desit,1Jlated by the city, or other areas approved by the City. Placement ofbus sheltci"s shall be
subject to city review so that no shelter shall be permitted to obstruct a public sidc'.';aIk or create u
hazard or to oth6r",;ise be detrimental to the public safety. ..\ permit for each bus shelter shull be
required, but no permit fee shall be charged,
,., Bus shelters and associated structures or equipment shall be desiL1Jled to meet CIt\'
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building code requirements, if any.
" .'\ny bus shelter or associated structure or equipment located on J. side\\'aIk within a
.) . public right of way, shall be so loeatod so as to leave at least thirty six (36) inches clearance for
pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction
perpendicular to the centerline of the road. In addition, shelters and pads shall comply v,'ith the
^ . '.vi th Disabilities "^.ct Impl ementation Manual, "^~ccessibility Guidelines for
" ~mencans Transportation Facilities; Part I'.' of the Federal Register, Transportation for lndi'.'idual:: with
DisabilitieG; F.S. Chapter 337; the Florida /.dministrative Code Rule Chapter 1 '1 "'0: and am' cit\
standards or guidelines for placement and desit,'l1,
1. Not more than one bus shelter or associated structure or equipment displaying :;ignat:e
or intended for the display of signage shall be permitted at a city !run::;it :;top.
February 1 q. :200q
..f~
SIGN STANDARDS
5. Display space on bus shelters shall be limited in location and size to the side or rear
wind screen panels.
6. Should any bus shelter, associated structure or equipment or sign on an associated
structure or equipment, or bus shelter sign fail to conform to the abo':e standurds; or should a
residential property o\-vner object to the presence of a bus shelter abutting his property, then the city
may order the sponsoring organization to remove such bus shelter and, that failing, may remove
same at the expense of the sponsoring organization.
F. One temporary banner may be posted on private commercial or industrially zoned
proporty 'vVithin the city for a period of time not to exoeed two v/eoks 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 ofthe businesses
first occupational license. This pro':ision for ne':' businesses has no applioation to the annual
ren6'vVal of an existing business' business tax receipt. Temporury banners may not exoeed an area of
t'.venty (20) square feet eaoh, may not be placed in setbacks, and may not create any obstruction to
motorist visibility. Applicant shall agree to remove banners 'vYithin twelve hours upon posting of a
tropical storm or hurricane watoh. This subsection shall not prohibit the oity from placing banner
signs on city owned property or within the public right of way v,ithin eertain designated oorridors
throughout the city in order to announce municipal or not for profit activities, events or programs
pursuant to this chapter.
(Ord. No. 96 61, ~ 3, 1 21 97; Ord. No. 97 12, S 1, 8 19 97; Ord. No. 00 78, ~ 2, 1 2 01; Ord. No.
01 50, ~ 3, 12 1 01; Ord. No. 03 038, ~ 2, 8 19 03; Ord. No. 06 096, 92, 1 2 07; Ord. No. 06 098,
S 2, 1 2 07)
Section 7. Nonoonforming signs.
A sign or structure supporting a sign located in an area annexed into tho city after the adoption
of Ordinanoe No. 91 1 (January 15, 1991) shall be brought into complianoe v,ith all proyisions of
the Sign Code within six (6) months follo'.ving the date of annexation. No amortization period
provided herein shall apply to si!,'11s or structures supporting the signs within such annexation ureas.
A billboard sign in an area of Palm Beach County '.vhich is annexed into the City of Boynton
Beach after the date of adoption of Ordinance No. 91 18 (June 21, 1991) shall be brought into
compliance with all provisions of the Sign code within five (5) years follov/ing the date of
annexation, provided that any billboard on undeveloped land shall be brought into compliance as a
condition nrecedent to the issuance of an': de':elonment (IT(ier ~(m9'ht nrim to th~ +iVf'. "~~r
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amortization period. "'\11 existing billboard sign which 'Nas annexed into the City ofBo)nton Beach
after January 15, 1991 shall be brought into compliance within five (5) years from the date of
adoption of Ordinance No. 91 18 (June 21, 1991). The provisions of this section ......:hich define and
delineate a nonconforming sign shall apply to all billboards annexed into the city.
"^~ny OJ~isting sign '.'1hich does not conform to the requirements of this chapter, shall hereafter be
deemed nonconforming. All signs must be maintained to original standards and conditions and
upon modification must comply with all sections of this chapter. Relettering or change of copy,
provided there is no alteration or repair made to the sign struoture, shall not constitute a
modification.
February] 9,2009
49
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C. Temporary real estate signs
1. Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no
taller than four (1) feet is allov/ed per street frontage.
2. Multi family or commercial: One (1) real estate sign not exceeding thirty 1\"0 (32)
square feet in area and no taller than six (6) feet is allov;ed per street frontage.
D. }. condominium, residential de';elopment, or incorporated residential neighborhood
association may erect single faced name signs on each sidc of all entrances on site ',.':alls or one (1)
freestanding monument sign for cach entrance. These signs are not to exceed thirty two (32)
square feet in area, nor be more than six (6) feet in height.
E. Directional signs for multi family or permitted nonresidential structures, not ~mceeding
four (1) square feet in area nor five (5) feet in height may be allowed at points of ingress and
egress. (Ord. No. 96 61, ~ 5, 1 21 97; Ord. No. 00 78, S '\ 1 2 01; Ord. No. 01 50, S 3, 12 1 01)
Section 2. Signs allowed in commercial nomesidential districts not otherv:ise excluded.
The following signs are permitted and regulated in all commercial nonresidential districts not
specifically set forth elsewhere in this chapter:
^ One (1) real estate sign advertising the sale, rental or lease of a premises may be placed on
.J...... the premises and shall not exceed thirty t'1/0 (32) square feet in area, nor six (6) feet in height. One
(1) such sign is permitted for each street frontage.
B. One (1) double faced monument sign advertising activity ocourring on the prClHlises. The
maximum area for this sign shall be one (1) square foot of area for each linear foot of street
frontage; no such sign shall exceed sixty four (61) square feet in area,
1. F or all single tenant premises four (1) acres or more in size, one (1) freestanding sign
not exceeding fifteen (15) feet in height. Lots v:hich front more than one (1) collector and/or
arterial road',.';ay shall be allowed one (1) additional freestanding sign, which shall be a monument
sign ha';ing a maximum height often (10) feet, to be located on the additional road'::ay.
2. For all single tenant premises less than four (1) acres in size, one (1) freestanding sign,
V/hich shall be a monument sign. On road',vays of six (6) travel lanes or more, the monument sign
"hnll hnve n mmdmnm height oft'\l;'e1"8 (12) feet. On rO:J.c''':~j'::; :::8~::;isting off::mr (1) ~J.vcllan.~s,
the monument sign shall ha';e a maximum height of eight (8) feet. On roadways ha':ing less than
four (1) tra';el lanes, the monument sign shall have 11 maximum height of siJ( (6) feet.
Circumstances, such as surrounding properties, speed limits, and project scale may justify further
reductions in the maximum sign heights set forth in this subsection. Lots '.vhich front more than one
(1) collector and/or arterial road',.':ay shall be allo':led one (I) additional freestanding sign, 'l:hich
shall be a monument sign having a maximum height of six (6) feet, to be located on the additional
roadway.
C. One (1) or more fixed projecting or flat wall sign(s) which ad';ertises acti';ity occurring on
the premises, provided that for the projecting sign, the sign and its supports shall not extend more
February 19,2009
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S\G~ ST ANDARDS
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SIGN STANDARDS
G. Directional signs, not exceeding four (1) square feet in area, nor five (5) feet in height,
with a limit of four (1) signs per lot, located at points of parking lot ingress and egress.
H. Temporary business identification signs shall be permitted instead of other ',vall signs
permitted in this section. One (1) temporary sign for u maximum of thirty (30) days, can be
permitted when a Certificate of Occupancy has been issued pending the approval of a sign
application, if at the time of the Certificate of Ocoupancy, an application for a sign permit hus been
submitted to thc development department.
(Ord. No. 00 78, S 2, 1 2 01; Ord. No. 01 50, @ 3, 12 1 01; Ord. No. 08 028, S 2, 9 2 08)
Section 6. Signs in the central business district.
The f{)llo',ving signs are permitted and regulated in the central business district (CBD):
^ One (1) real estate sign advertising that a premises is for sale, rent or lease may be placed
.J....... on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height.
B. Unless othenvise superceded by overlay district regulations applicable to any portion of the
premises, one (1) monument sign, not to exceed forty (10) squarc feet in area, ad."ertising activity
occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area
for each one and one half (1 1/2) linear feet of street frontage, with a maximum height offivc (5)
~
C. One (1) or more fixed projecting or flat VIall sign(s) v.rhich advertises activity occurring on
the premises, provided that for the projecting sign, the sign and its supports shall not extend more
than three (3) feet beyond the face of the ',vall, nor shall either sign extend above the parapet of the
building or beyond the building comer. The maximum area for this signage shall be one (1) square
foot of area for each one (1) foot oflinear building frontage.
D. Directional signs, not exceeding four (1) square feet in area, nor five (5) feet in height,
v"ith a limit of four (1) signs per lot, located at points of parking lot ingress and egress.
E. 'Nhere a covered \valk.vay is present, each store shall be permitted one (1) under canopy
sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy
under the covered "va1kway and shall not be less than ninety (90) inches from the '.valkway, with a
rigid mounting.
F. Identification signs shall be permitted on the rear door ofbusiness establishments, provided
they are limited to three (3) square feet in area.
G. Temporary business identification signs shall be permitted instead of other wall signs
allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be
permitted when a Certificate of Occupancy has been issued pending the approval of a sign
application, if at the time ofthe Certificate of Occupancy, an application for a sign permit hus been
submitted to thc development department.
(Ord. No. 00 78, S 2, 1 2 01; Ord. No. 01 50, S 3, 12 1 01; Ord. No. 03 062, S 7, 12 16 03)
February 19,2009
55
SIGN STANDARD~
Section 7. Signs permitted in planned districts.
Thc follo'vving are the general requirement~ for signs in planned district~; (PL'D. peD and PlD ):
for specific allowable signagc, see the regulations for each regular zoning district.
^ Purpose and intent. The purpose of this section is to encourage continuity for signagc 111
.J..lt... the planned districts, v.rhile allowing for flexibility \vith respect to type, color. number, location
(exclusi','e of setbacks) and dcsi;n of signs. The general requirements for each planned district can
be found in the corresponding regular zoning district in this sign chapter. The approval of sii:-'11~; III
planned districts require the submission of a sign program for the entire project as part of the :;i1c
plan appwval process.
B. Sign program. .^....11 requests for approval of a sib'11 program shall be filed as part of the
original site plan approval process or as a modification to thc approved site plan. '^Jl applications
shall be filed by the sign o'.vner or his agent. with the appropriate fee and shall desclibe and :;et
forth the following:
1. The type and number of signs or sign structures.
") The area per sign and dimensions of structures.
-, Three (3) certified copies of the site plan sho'Ning sign location, sign elevations and
.J. construction details, such as materials, colors, ',vind resistance requirements and structural details.
1. In addition to the above, one (1 ) set of colored sign elevations v.'ith all copy shown III
the type style to be used.
(Ord. No. 00 78, S 2, 1 2 01; Ord. No. 01 50, ~ 3. 12 1 01)
Section 8. Signs ',vi thin public rights of '.vay and city ovmed property.
The follov,'ing are the general requirements for placing signs v,'ithin the public right rights of
way and on City oV/ned property in order to announce public or not for profit events, activit} es.
and/or programs:
^ Purpose and intent. The purpose and intent of this section is to regulate the placement of
).. Jr... sif,'lls v,'ithin public rights of 'Nay and on City ov.rned property v..ithin the City in order to facilitate
the announcement of public and/or not for profit e','ents. activities, and/or prot:-,'Tams. and to insure
the safety of residents and citizens with respect to the placement of signs v.rithin the public rights
of '.vay and on City ov,'ned property.
B. Sign Program. '.Vithin the City there are hereby designated certain corridors located along
designated public rights of v/ay in which sib'1ls may be placed, pursuant to the prO'.'isions ofthl~;
Chapter, on City oV/ned property or '.vithin the public right of way in order to announce specific
public and/or not for profit events, acti'o'ities and/or prof,'Tams. The corridors are as follow:;:
1. Seacrest Boulevard from Vi oolbright Road to Gate\vay Boulevard.
February 1 G. 2()()Q
5f,
SIGN STANDARDS
_ 0 V' eelBri gat lleo<l fr"'" CoRgre"" · """"e te tHe vr c ,. d f. c . .. '" ... . - .
~
_ s. :::: ::'~ fro'" Wfficbe~~ PMk ~~:: e:: :~ : Court;
-: r:.: ~:~::::::,:; :=::e:::~:::: ::.:y, .
_: :_::~::: ~ :Odtouu}rtyp~.S-:~:::::':::::~:
; ~:~fi;=~;:::;~;;~Y~~~~::::;~;":::::"''::~
~: c:::::::;
::-' ~!~~;:~sa
::~~EE:::~~~~~EIf:~:;=!4~
- - - ~
~
(-Grd. No. O~ 50, ~ 3, 12 A, oB
~ 9. COM.MUNlTY DESIG1>l PL\.N
h Sign5-c
February 19,2009
57
SIGi\ STANDARD~
1 . Signs shall be dcsigned and treated a:. part ofthc architecture of a huilding and;hai,
be rcvic',ved at time of site plan rcview.
') .'\ single sign style (such as cabinet. channel. rc','erse channel) shall be used for wall
signage on all buildings on a site.
.., Sign colors shall be complementary to the colors of the structure on v.rhich it is
.J. located. The number of colors used for tenant signage for multiple tenant buildings and their
outbuildings and outra-rcels shall be limited to two, in addition to v.rhite and black. eolors 1)1
nationally regjstered copy of tenants ',vithin the building shall be included in this limitation.
1. Non word dcpictions on sibrtlS shall be limited to 20~<, of the area ofthc sign
erected. Color limitations shall not apply to non word dCj)ictions on signs.
5. Freestanding directory signs, internally locuted within the sitc arc encouraged rather
than multiplc tenant listings on freestanding identification signs.
6. Sign lettering shall bc easy to read and in scale v:ith the building or tenant space on
"",hich it is located.
'7 Small lettering on freestanding identification signs located close to entrance~ shaJ]
not be allo',ved. Lettering size shall take into consideration the traveling speed of the adjacent
stfe&-
8. Thc number of different lottering styles on tenant signage on multiple tenant
buildings and their outbuildings and outparceb shall be limited to one in addition to the
lettering styles of the nationally registered copy of all tenants located within the building and it:;
outbuildings and outpurcels.
(Ord. No. 9S 0'\ ~ 1, 3 21 95; Ord. No. 96 59, ~ 2, 1 ')1 (n)
S:\Planning\Zonm~ Code Update\LDR Rewrite\Part m\Chapters\Chapter 4 Slle Development Standards\Final~rticle IY Sign Standanls(h
February 10. 200Q
5?-:
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
Group 6
Code Review
1. PROJECT: Land Development Regulations - Rewrite
Group 6 (CDRV 07-004)
AGENT: City-initiated
DESCRIPTION: A portion of Group 6 deliverable,
pursuant to the LDR
Rewrite Work Schedule, which includes
Chapter 4, Article IV. Sign Standards.
Eric Johnson, Planner, distributed a handout of the presentation and explained
Ordinance #'s 08-031 and 08-033 were approved and incorporated into the Code.
Changes were proposed for Article 1, Definitions; Article 2, Planning and Zoning
Division Services; and Article 4, Sign Standards. Section 1 contained General
information, Section 2 detailed prohibited signs, Section 3 detailed actual standards and
Section 4 detailed community design standards. Section 5 contained proposed
language regarding the sign program, Section 6 detailed non-conforming signs, Section
7 detailed abandoned signs and Section 8 detailed penalties.
A new objective in Section 1 added sustainability. Sign definitions were added, as was
a permitting process for signs. Multiple severability clauses were added to the Code to
make it legally defensible. Relief from the Code could be obtained through a variance
process that required the applicant meet the hardship provision. Relief from the
Community Design Standards could be obtained through a Community Design Plan
Appeal.
Provisions for all types of signs were established but they must be located on private
property. Internally illuminated signs would be shielded and not exposed. The only
exception would be on window signs, such as "Open" or beer brand signs. LCD or
digital read board signs were outright prohibited.
Section 3 contained general standards which applied to all signs City-wide, and
encompassed temporary signs, permanent signs and special signs.
General standards addressed sign content. Computation of sign area added a provision
detailing if a sign were affixed to a wall painted the same color as the sign, staff could
interpret it as all wall signage area. Free-standing signs would be located outside
cross-visibility and safe sign areas, and would not create traffic hazards. All signs must
meet wind-load standards as reviewed and approved by the Building Department.
Maintenance and clearance heights over pedestrian walkways had to be a minimum of
nine feet, and over vehicular areas, the height was reduced from 16' to 14' 6",
consistent with the State. Monument signs would indicate the property address. In
residential areas, the addresses needed to be a minimum of four inches in height, and
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
for non-residential properties, a minimum of six inches in height.
Internally illuminated signs are prohibited in residential zoning districts. Reference to
crime prevention through environmental design was included.
Temporary Signs were reviewed. Larger real estate signs would require a permit. A
table and chart was contained in the Code, which detailed the allowable sign area for
the different projects. The language was based on what sister cities in Florida have. A
list of the cities contacted was included in the meeting materials.
Project Development sign slides were viewed, as was a chart. Construction signs were
also included and regulated. Other changes were political signs were only allowed on
private property, and not within the right-of-way. The requirement that political
candidates must register their signs with the City Clerk was removed. Small signs were
not affected, only the political signs 32 square feet or more were required to obtain a
permit.
Mr. Johnson discussed permanent signs and explained in the proposed code, manual,
changeable copy, was only allowed on monument signs; however, staff was seeking
Board comments on the item. Permanent sign standards had a chart with information
on zoning district, property size, number of travel lanes, signs for single and multi-tenant
developments, and sign area. Directional and directory signs included a provision to
allow a directional sign off premises if certain criteria was met.
Menu board signs were allowed in conjunction with a drive-through facility. Awning and
valance signs were reviewed. The text on awnings would be no more than six inches
and staff was seeking the Board's input on this item. Signs on awnings would count
towards building wall signage. Covered walkway and arcade signs were in multi-tenant
developments, as were blade signs. Window signs and rear door identification plaques
were addressed. Provisions were created for mixed-use identification signs for mixed-
use districts and neighborhood identification signs.
Special signs were located throughout the City at certain intersections, attached to
traffic poles. The Code for them wa expanded. Pennant signs were not allowed.
Transit shelter signs were addressed, as the City has an agreement in place.. Murals
were allowed, in conjunction with the Site Plan Review Process, and would require
approval by the Arts Commission.
Community Design Standards encompassed deviation processes through a Community
Design Plan Appeal procedure. Purpose and Intent, Administration, Applicability and
Relief section were added with the Planning and Zoning Director acting as the
Administrator. The compatibility language was expanded as was sign style. The
maximum number of colors other than those nationally registered were in Chapter 9
The size and style of letters was included as well as landscaping of monument signs.
Logos and icons were addressed. If a company wanted a logo be more than 20% of the
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
sign, provisions were included, and the size of the logo would be limited. If the logo was
on a wall sign, they would be limited to nine square feet, and window signs would be
limited to three square feet.
Window signs often were made of neon tubing. Staff tried to be consistent in the size of
window signs, and limited them to three square feet. Other provisions for window signs,
such as their location and size, were included. Signs located on windows next to the
main entrance could be 20% of the pane, but any other signs could be no larger than
three square feet. Any deviation from this Code would not require a variance. A
Community Design Appeal could be requested instead, although the process has not
yet been established and was contained in another area of the Land Development
Code.
Staff preferred to see Directory signs that contained multiple listings of different
businesses on directory signs rather than on monument signs. Staff found traffic
slowed to read the signs. It was staff's opinion that it was appropriate to put the multiple
listings on signs that were internal to the development rather than on a monument sign
that was typically located on the right-of-way.
Graphics on construction fences were referred to as lifestyle graphics, and provisions
were included for them in the Code. The proposed sign code requires all multiple-
tenant developments have a sign program. The current code only requires a sign code
for all commercial developments in a Planned Development and the provision was
expanded. A Purpose and Intent, Applicability, Permits, and Community Design Plan
Appeal were incorporated. A provision was included that would allow an extra 10% for
wall signs on rear facades visible from rights-of-way. This allows individuals driving on
the spine road in Renaissance Commons and other areas that have rear buildings that
lack signage to identify the establishment. The provision would accommodate business
owners and still maintain the aesthetic integrity of the Sign Code. Non-conforming sign
regulations, abandoned signs and penalties for the signs were reviewed.
Mr. Johnson requested input about changing copy on wall signs, awnings, valances,
logos exceeding 20% on awnings, and other types of signs. He also requested
discussion whether there should be exposed neon tubing on wall signs or keeping them
in window signs.
A member inquired if the change in the Code meant there would be additional review by
the Planning and Development Board or the City Commission? There would be no
change in that respect. Under the proposed Code, the Planning and Development
Board would review signs through the site plan review process.
If a vendor wanted to deviate from the Sign Code, the Planning and Development Board
would review the proposal. Additionally, a community design plan appeal could be
requested if needed. In the past, a Community Design Appeal Board existed and a
suggestion was made the Board may want to consider that option. Other suggestions
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
received were:
. Business vendors should be encouraged to use a sign company with graphic skill
and design sense, when possible, to improve the quality of the design as much
as possible.
. The ability to maintain flexibility in signage of a historic nature was important as
part of the quaintness and historical flavor in the downtown area may be lost.
. The Mom and Pop establishments should not be negatively impacted in an effort
to move the City forward.
. The new sign regulations should be included with the New Development
Information packets, including color graphics.
Branding and imaging was discussed. Comments received were the City needed to go
further and look at the bigger picture. The only way to present an image was through
signage; however, what was presented was similar to other communities. There was
much opportunity to accomplish this through the Sign Code, but it was suggested it be
taken to the next level.
The City's image was changing. Suggestions were made that new ideas should be
brought to the Board for consideration; however, cities often hired consultants for that
purpose. It was pointed out certain areas of the City have guidelines in place and the
Community Redevelopment Agency has Community Design guidelines.
A suggestion was made the best way to control the image of the City was through public
rights-of-way. Items such as streetlights, street furniture, paving details, or sidewalks
were a more appropriate way to brand the City. The Sign Code would upgrade the sign
standards and there were illegal signs existing, and they would remain illegal after the
Code changed unless it was enforced. Another suggestion made was it may be easier
to brand by district, as was done in Mizner Park, While a sign program was good, a
streetscape program could brand even better
The signage program at Las Olas provided the ability for each company to promote their
own branding, logos and colors within a recognized format that allowed for creativity. It
was suggested the City go a step further and brand on a grander scale as there would
be a recognizable standard.
There would not be grandfathering of window signs at convenience stores. Many of the
existing window signs were non-conforming under the current code. Staff indicated if
the provisions were approved, the signs would become legal, non-conforming signs. An
inquiry was made if the City would systematically review different areas of the City to
determine if the business initially obtained a sign permit. If they did not, it was
suggested the signs should be treated as an illegal sign, as opposed to a non-
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
conforming sign. The owners should be made to comply with the Code, as it would
detract from what the City was trying to adopt. Staff noted it would be a huge
undertaking.
Discussion turned to patron safety and signage at convenience stores since those
establishments were the most prone to crime. If the windows were covered, a patron
could unknowingly walk into an ongoing crime scene.
If the Code were enforced, it would be a step towards creating a unified look. Most of
the problem was what was posted was never permitted. The new Code could prevent
this in the future.
The window signs made of plywood, or cardboard were prohibited. Strobe, animated,
or fluttering lights, were also prohibited.
Vehicle display signs were discussed. The problem with them was two-fold; the vehicle
display signs were on the trucks, and how the trucks parked. Vehicles with signs less
than eight-square feet would not be considered by the Code. All vehicles, temporary or
not, should be properly parked in a parking space. The vehicles staff referred to parked
in multiple spaces and the signs they displayed afforded that business greater visibility
than their peers. If the vehicles parked outside the parking spot, it was private property
and the police could not cite them. The proposed code would not allow those vehicles to
be parked for more than 24 hours.
There were provisions added in the Code to require for Political Signs only on private
property during the time period preceding any local, state or national election and only
on private property.
Some municipalities do not allow certain sign colors or any colors contained on
Department of Transportation signs. Staff explained up to four colors were allowed by
Community Design standards for general signs.
A long-standing large wall sign existed in the City and an inquiry was made how that
business owner could advertise his business on the wall, since it was a storefront
establishment. Staff explained individuals had the right to advertise and to free speech.
The Sign Code contained provisions for each type of sign. Staff was not identifying a
sign by its content, rather they were doing so by its design, as the City had the right to
regulate the way a sign looked, its location, size, type and illumination. It was also
noted some buildings have historical significance.
The only exempt window signs were signs with stenciled letters. Staff created permitting
processes for all types of signs, and they would go through the normal process. The
Planning and Zoning Department would be given more responsibility to issue planning
and zoning permits, one of them being signs.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
Mr. Johnson clarified there was also a sign program for new development
Warren Timm, 26th Avenue, suggested there be a provision to allow a body, such as
the Planning and Development Board, to approve exceptions. There may be projects Ir"
the community the City may want to attract individuals outside of the community to, and
extra advertising may be needed. Having an exception in the Code would make this
possible.
Mr. Johnson responded if there was a special event, a business could display a banner
on the exterior of the property if it did not cause problems for pedestrians, or interfere
with landscaping. Interior displays within five feet of a window were considered a
window sign.
Special Temporary Sales Event signs would be valid for the duration of the temporary
sales event; however, there was no maximum time limit given. Staff explained that
language had not been finalized yet and would be obtained in Group 7 Rewrite,
Planning and Zoning Division Services, which would detail the processes behind the
various permits and applications. It was suggested when the language was finalized, a
sentence be included in this section. It was further suggested a Temporary Sales event
should not last longer than two months. Seasonal sales events were also noted as
lasting 90 days. It was logical the sign should be valid for the length of the permit. The
language should be contained in this section of the Code. He explained cross
references were also added to make the document user friendly.
The changeable copy on wall signs was discussed and it was mentioned it was not
appropriate to list everything on sale for the establishment nor did it assist the image of
Boynton Beach.
Staff explained they were trying to create two processes for two issues, which were
safety and aesthetics. Many of the older businesses were unaware they had too much
signage, but it was thought that would correct itself over the next few years. Businesses
should have enough individuality so they would be recognized, but not so much it was a
detraction. The signs should be fair and tasteful, and the buildings and signs should not
be identical. It is important something be on the books in order to regulate the signs.
Staff sought the Board's input on logos on awnings or comprising 100% of a monument
sign. If a logo would be greater than 20% of a sign, the logo would be allowed on a wall
sign or window. The Code indicated the text would be written over an awning that was
over a public entrance. Additionally a valance was a sign and the lettering should not
exceed six inches.
Staff suggested removing the language regarding six-inch letters on the awnings from
the General Standards and placing it under Community Design. By doing so, any
deviation would come before the Planning and Development Board and they would not
have to meet the traditional hardship standard.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida February 24, 2009
Discussion turned to logos, and he inquired if there should be a higher percentage than
20% allowed on monument signs, or 100% for awnings. The mix of logos and name
was discussed. Mr. lis suggested supporting the effort and having a consistent
branding identity. Business owners would have to prove and promote themselves to the
world, via the internet, physical establishment and other means.
Window signs have a maximum of 20% on the pane closest to the public entrance.
Windows thereafter were allowed three square feet. It was suggested no more than
20% of the total window space of the store should be obstructed. It was a I ife safety
issue. All glass doors would have 20%. Windows should be open and clear. If the door
were solid wood, signs would be considered wall signs. Window signs were treated
separately than the wall because that was where the neon type lights were. Neon lights
form an image. A glass door would be treated differently than a wood door. If the door
were wood, electric "open" signs could not be used. You could not see through and the
signs had to be on the outside of the door. Some doors have signs on the inside of the
door and information stenciled on the door or were a graphic affixed to the door on the
inside.
Business hours posted on the door was not interpreted as being a sign. Address
numerals are allowed to be a certain point size. It was Mr. Johnson's observation that
most businesses do not care about branding.
Ed Breese, Principal Planner, explained when the new Code was adopted, a training
session would be held with Code Enforcement to review the changes in the Code.
There are new Planning and Zoning permits, which would require Planning and Zoning
staff to be in the field. Additionally, if staff viewed a violation, it is submitted to Code
Compliance. He expressed both of those factors would alleviate obvious problems. The
Sign Code would be regulated and administered through the Planning and Zoning
Division, and the Director. Code issues would be addressed by Code Compliance
Officer.
The Code Compliance Division would continue to enforce; however, the authority to
interpret, coordinate and review the Sign Codes was a function of Planning and Zoning.
A question was posed why the Code would be changed, if the way it was enforced was
not. Staff was encouraged to do so as it would yield better results and a better
appearance. The Board was in agreement with the statement.
Motion
Mr. Myott moved to pass the Sign Code with the Board's suggestions to the City
Commission. Ms. Grcevic seconded the motion that unanimously passed.
8. Other
9
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
c=J Decemberl6,2008 December 1,2008 (Noon) c=J February 17,2009 February 2, 2009 (Noon)
c=J January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
c=J January 20, 2009 January 5, 2009 (Noon) ~ March 17, 2009 March 2, 2009 (Noon)
c=J February 3, 2009 January 19,2009 (Noon) c=J j\priI7,2009 March 16,2009 (Noon)
c=J Announcements/Presentations [gI City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Receive and discuss a summary financial analysis of the City's General Fund and the Utility Fund
for the four months ended January 31, 2009.
EXPLANATION: As these two funds represent approximately 75% of the City's total budget, it is our intent to provide the
Commission with a timely and regular update of their budget status for consideration and discussion, as appropriate.
As funds are not spent or received equally during the year, all revenues and expenditures to date in FY 2009 are calculated as
a percentage of the total annual budget and compared to this same point in time with FY 2008. The General Fund displays
reduced actual revenues compared to estimated revenues in the same period in FY 2008.
As a result, based on an analysis completed February 19, staff is projecting a $5 million revenue shortfall in the General Fund
primarily building permits ($3.0 million) and state shared revenues ($0.5 million) due to the severe downturn in the economy.
PROGRAM IMPACT: Displays the use of budgeted funds by revenue sources and departmental program
expenditures/expenses.
FISCAL IMP ACT: Provides the Commission with an opportunity to review the source and use of our financial resources on
an interim basis during the fiscal year as compared to our budgeted funds. ~c'H
ALTE€~6--
Department Head's Signature City Manager's Signature
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IXlC
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
TO: Kurt Bressner, City Manager
FROM: Barry Atwood, Finance Director
Tim Howard, Deputy Finance Director
Anthony Davidson, Budget Manager
Sue Moroney, Revenue Manager
DATE: February 19, 2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Four Months Ended January 31, 2009
We are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for
the four months ended January 31, 2009 (33% of the year) compared to the annual budget of each fund.
GENERAL FUND
For FY 2009, revenues have exceeded expenditures by $9.3 million. However, that compares negatively to FY
2008 by $5.2 million to date.
Revenues & Transfers
Expenditures -
Excess (Deficit)
Revenues & Transfers - We noted that certain revenues were running behind the same period last year. To date
in FY 2009, General Fund revenues and transfers realized were $35.8 million (48%) of the $73.9 million annual
estimate. However, at the same point in FY 2008, realized revenues of $38.2 million were 56% of the $68.4 million
annual estimate.
While property tax collections appear to be on track (at least for now), staff reviewed and projected annual
revenues in all other areas. Based on that review of actual revenues for the first 4 months, we project a revenue
shortfall of approximatefy $5.0 miJIion for the current fiscal year.
Major revenue variances to date resulting in the projected $5 million revenue defICit are building permits down $3
million and State shared revenue down $0.5 million. Exhibit A displays the details.
Expenditures - General Fund expenditures for the period were $26.5 million (36%) of the $73.9 million annual
expenditure appropriation displaying an increase of $2.856 million compared to FY 2008. However, the percent of
expended budget were refatively equivalent at 36% for FY 2009 compared to 35% expended in FY 2008.
Exhibit B provides details of expenditures to date of each department.
Page 1 of 2 Pages
UTILITY FUND
Through January 31, Utility Fund revenues exceeded expenditures by $0.458 million in FY 2009 compared to a
$2.0 million for FY 2008 (Exhibit B-1).
Actual
To Date
Revenues & Fund Balance $ 9,683
Expenditures $ (9,225)
Excess (Deficit) - $ 458 -
While the 27% realized revenues to date are comparable for both years, the annual revenue budget in
this FY 2009 includes a $4.9 million appropriation of fund balance in order to balance the budget with
declining anticipated revenues and increased expenditures for FY 2009 compared to FY 2008.
Revenues of $9.6 million in FY 2009 exceed the $8.9 million to date in FY 2008 because of the rate increase
effective at the beginning of this fiscal year. It appears that the reduced water and sewage revenues estimated for
FY 2009 is reasonable as the $9.6 million received to date is 33% of the annual estimate at this 33% of the way
through the fiscal year. See Exhibit C.
Expenditures to date were $9.2 million or 26% of the annual appropriation. While most major expenditure
categories reflected spending near the 33% point of the fiscal year, debt service accruals are not reflected to date
even though $5.3 million debt service is required for the full fiscal year. This factor alone accounts for only
expending 26% of the total budget to date. See Exhibit D.
Page 2 of 2 Pages
IX. - CITY MANAGER'S
REPORT
ITEM B
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
c:J ~~ber 16,2008 ~~ber 1, 2008 (Noon) c:J February 17,2009 February 2, 2009 (Noon)
c:J January 6, 2009 ~cember 15, 2008 (Noon) c:J March 3, 2009 February 17,2009 (Noon)
c:J January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
c:J February 3, 2009 January 19,2009 (Noon) c:J April 7,2009 March 16, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative c:J New Business
AGENDA ITEM c:J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
INTRODUCTION: Staff has prepared several early financial scenario models for Fiscal Year 2009/1 0 General
Fund Budget, which begins on October 1, 2009. This report summarizes these models and comments on the General
Fund revenue picture for the current fiscal year and includes updates from the report tabled on March 3. 2009.
RECOMMENDATION: Provide guidelines and specific directives to City staff to begin preparation of the FY
2009/10 City Budget for (1) staffing, (2) program cuts, (3) taxes/other revenues, and (4) other areas, after
considering the following.
EXPLANATION: The following paragraphs address the background of the current General Fund budget and a
summary of the challenges facing the City's FY 2009/1 0 General Fund budget.
Background of the FY 2008109 Budget - The current FY 2008/09 General Fund budget of $70,788,971 resulted in
a $2.3 million (3.4%) increase over the FY 2007/08 budget of $68,442,011 despite a $3 miIIion (8.2%) reduction in
ad valorem property taxes. (Note: The $68,442,011 is after a reduction for consistent treatment of $6,129,284 Tax
Increment Financing provided to the CRA as a revenue reduction vs. budgeting as expenditures.)
Most if not all of the resulting FY 2008/09 General Fund budget increase is attributable to personnel services and
benefits in accord with the police, fire, blue collar, and white collar union contracts. With Commission guidelines to
prepare a balanced budget without terminating any employees, staff recommended a fmal budget with the following
major adjustments.
. $4.6 million -Appropriated undesignated fund balance, reducing it to $11.3 million after a $7.7
designated Emergency Reserve and recognizing negative budget results of $1.4 million
in FY 2006/07 and $1.9 million in FY 2007/08 due to revenue declines
. $1.2 million - Eliminated 14 vacant positions and several minor programs
. $0.5 million - Renegotiated lower health insurance premiums
. $0.4 million - Reduced prefunding (2nd year) of certain police & fire vehicles
. $0.3 million - Deferred general employees pension fund changes
$7.0 million - Total
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The minor program reductions in the General Fund included
. Deletion of the Neighborhood Services Program in the Police Department
. Reduced landscape maintenance (mulch, pruning mowing) by Public Works
. Eliminated canal and community gardens maintenance by Public Works
. Scaled back holiday lights and banners of Recreation & Parks
. Slowed down the pace of public record automation, brought document imaging in house, and deleted
special consultant studies in the Development Department
. Eliminated furthering the SWBE Program in the City Manager's Office
. Reduced award luncheons and other Human Resource programs
Challenges of the FY 2009110 Budget - The art of balancing a budget focuses on the two primary elements;
revenues and expenditures. We must reduce expenditures, increase revenues, or carefully create a combination of
both elements. Many of the tools available to accomplish these tasks are time consuming and/or require completion
by certain calendar dates dictated by the State and County. The earlier that staff can proceed in any particular
direction, the more accurate the associated results will be.
Revenues continue to decline. Based on FY 2008/09 revenues received February 19, staff estimates that actual
revenues received will be $5 million less than budgeted for this budget year. As a result, staff is developing mid-year
budget adjustments for the current budget year.
Next year appears to worsen. Staff estimates the December 2008 assessed valuation of property (the date used for
the upcoming FY 2009/10 budget) to decline another 5 -10%. At the current 6.4553 tax rate, this translates into a
reduction of ad valorem property taxes as follows.
Assessed Reduced
Valuation Property Projected Property Projected General Fund Budget Deficit at Alternate Expenditure
Reduction Taxes Value Reduction % Increase Levels
5.0% $l.4M 0.0% 2.5% 5.0%
7.5% $2.lM 5.0% $ (10,51 L87\) $ (12,281,595 ) $ (I 4,OS 1.:1 19)
10.0% $2.8M 7.5% $ (11265.870) $ (13.035,594 ) $ (J4.80S.318)
10.0% $ (11,910.871) $ (13,680.595 ) $ (16.041.255 )
--
The budget for the FY 2009/10 is proving to be considerably more challenging. As illustrated in the table above, the
anticipated budget deficit for FY 2009/10 ranges from $10.5 - $16.0 million (nearly 20% of the current $70 million
budget) with most of the deficit coming from revenue reductions as noted in the following paragraph.
Other major revenues from public service taxes, building permits, and state shared revenue could decline
approximately another $5 million with estimates and projections still in process at the state and local level.
Therefore, the total revenue reduction could range from $6.4 to $7.8 million.
Exoenditures are predicted to increase primarily based on scheduled salary adjustments per bargaining unit
agreements and inflationary increases of operating costs. In total, this could add up to 5% of the current $70,788.971
budget or approximately $3.5 million for wages, benefits, materials, contracts, etc. with no program increases.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Areas for Commission Guidelines & Directions for FY 2009110 Budget - The City Budget Team has identified a
number of critical issues that will involve careful consideration and direction from the City Commission. The
following list of issues represents initial discussions by staff regarding revenues and expenditure alternatives. This
list does not intend to comprise all possible approaches and staff certainly welcomes additional ideas from the City
Commission and from the public. It is staff's intention to recommend budget alternations that align with policy
direction from the City Commission.
Accordingly, the City Budget Team requests Commission direction on the following budget matters:
1, Staffing Levels & Employee Benefits
Personnel services comprise approximately $54.5 million or 77% of the current $70.8 million General Fund
budget. (Police and Fire make up 67% of the 77%). Last year, the City Commission directed City staff to
prepare the budget with the least impact on employees. By making the $7.0 million of adjustments in the
adopted current FY 2008/09 budget, the City balanced the budget without a major impact on employees. The
elimination of 14 vacant positions and renegotiation of Blue Cross-Blue Shield health insurance premiums had
minimal employee impact.
I----~~_.. .--.~-~-- ~.-------
. Personnel Services Make Up $54.5M or 77% of the City's Total -l
FY 2008/2009 General Fund Budget I
$54,534,067 i
$60,000,000
$50,000,000
$40,000,000
$30,000,000
$20,000,000 $13,511,002
I I
I
$10,000,000 1
$-
e'iJ
~\(;; ~6'iJ
~ fi:>6 ~....~ ~~$'i 'iJ
~6 ~ 0 ~e
('iJO~ (;,1-~ ~\....~ ~(,.\""~
~6 $t\.\~~ (j'6. (;,1-'96
o~'( $'\.\~~
0'96'<.
~o~
----- -------- -- --- ..
However, it is highly unlikely given the current financial scenario that we will be able to avoid some impact on
emlJloyees for the coming budget vear.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Therefore, staff requests discussion and guidance related to the following items:
. Employee W8f!es: Does the Commission wish to consider employee wage freezes and/or wage
reductions and, if so, shall this be for all employees to include those under all union
agreements?
. Employee Benefits: Does the Commission wish to reconsider the City's current benefit levels
such as the current employee share of pension plan benefits for police, fire, and general
employee plans?
. Employee Reductions or Furlouehs: Does the Commission wish to preserve jobs as a priority
and, if so, what program guidance can the Commission provide recognizing that personnel
services of public safety staff approximate 67% all personnel services in the General
Fund?
2. Program Reductions
Naturally, reductions to staff will require an associated reduction in programs and services to the community.
However, the Police and Fire Departments make up $43.9 million or 62% of the current year $70.8 million
General Fund Budget.
Total Expenditures of the City's FY 2008/2009 General Fund Budget by Department
ITS-Finance-HR
$4.7M -7%
Parks & Library
$7.7M -11%
Public Works
$6.2M - 9%
Fire
$15.7M - 22%
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Any program reductions or eliminations may also require staff reductions. Because we are early in the budget
process, there may be programs that the City Commission may consider eliminating beginning in this current
budget year. Staff welcomes early comment on programs and services from the City Commission and the
community.
Attempting to avoid budget cuts in Police and Fire public safety programs or in personnel services of all other
departments leaves only $9.7 million or 14% of the current $70.8 budget. Once again, it will require severe
program and staffmg cuts in other areas and / or revenue increases.
. What levels of service reductions will the City Commission and the community be willing to
tolerate over the next three years vs. tax increases?
~-------~~----~_._.- - """..._---~._._,- ------~---
Total Operating Expenditures of Departments Other Than Police & Fire
Only Represent $9.7M (14%) of the Total $70.8M FY 2009 General Fund Budget
Total Police
E)q.ndltures
$28.2M- 410%
_._-------_._._._------~.._- --~- ..----------------------_.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
3. Historical Major Program Expenditures vs. Property Taxes
The City of Boynton Beach experienced significant increases in taxable values in recent years allowing for
increases in programs provided to citizens. The following table displays the budgeted expenditures of those
major programs along with the annual increases to answer the question: "Where have the dollars gone?"
Exhibits A-I and A-2 (following the Agenda Item) display budgeted expenditures and percentage changes by
major program for FY 2004 to FY 2009. Exhibits B-1 and B-2 provide the same program totals but showing the
individual departmental budgets making up the total programs areas.
On average for the six-year period of FY 2004 to the current FY 2009, the City Commission has budgeted 59%
of total General Fund dollars toward the public safety programs of the City. Exhibit B-1 displays the individual
public safety programs with Police and Fire being the largest. This table also shows the annual percentage
increase of total expenditures of the General Fund with the largest increases occurring in FY 2005. 2006 and
2007 with an overall increase for the 6-year period of 45.1 %.
Total Expenditures General Building & Leisure
Fiscal Year Public Safety Public Works
Amount I % Government Development Services
Change
FY 2004 $ 48,785,851 2.1% $ 7,973,081 $ 27,479,340 $ 2,604,442 $ 5,358,304 $ 5,370,684
FY 2005 $ 53,614,158 9.9% $ 9,424,181 $ 30,325,031 $ 2,765,828 $ 5,401,324 $ 5,697,794
FY 2006 $ 58,597,215 9.3% $ 9,655,863 $ 34,106,937 $ 3,282,929 $ 5,572,413 $ 5,979,073
FY 2007 $ 64,794,859 10.6% $ 9,597,848 $ 38,662,683 $ 3,872,889 $ 5,836,140 $ 6,825,299
FY 2008 $ 66,486,556 2.6% $ 8,982,389 $ 39,862,942 $ 4,148,795 $ 5,933,625 $ 7,558,805
FY 2009 $ 70,788,971 6.5% $ 8,991,310 $ 43,857,374 $ 4,070,300 $ 6,242,992 $ 7,626,995
Totals & $ 363,067,610 45.1% $ 54,624,672 $ 214,294,307 $ 20,745,183 $ 34,344,798 $ 39,058,650
% Chanae
% of Totals 100.0% I 15.0% 59.0% 5.7% 9.5% 10.8%
The following table displays the annual assessed valuations, the related ad valorem tax rates, and the elements of
ad valorem taxes budgeted by the City. For the period, assessed valuation increased 73.7% with FY 2007
experiencing the largest single year with a 32.5% increase. The millage rate decreased 13.9% from 7.5000 to the
current 6.4553 General Fund tax rate.
Fiscal Assessed % Millage % Ad Valorem Taxes
Year Value Change Rate Per Change Gross Tax I Less CRA I Less I Net Tax to thel %
($000) $1,000 Transfer Discounts City Change
FY 2004 $ 3,232,006 11.4% 7.5000 -1.3% $ 24,240,045 $ (1,562,954) $ (848,402) $ 21,828,689 7.8%
FY 2005 $ 3,624,802 12.2% 7.5000 0.0% $ 27,186,015 $ (2,421,684) $ (951,510) $ 23,812,821 9.1%
FY 2006 $ 4,224,788 16.6% 7.5000 0.0% $ 31,685,910 $ (3,825,628) $ (1,109,007) $ 26,751,275 12.3%
FY 2007 $ 5,597,854 32.5% 7.1000 -5.3% $ 39,744,763 $ (5,797,605) $ (1,440,429) $ 32,506,729 21.5%
FY 2008 $ 6,134,767 9.6% 6.4553 -9.1% $ 39,601,761 $ (6,129,284) $ (1,450,066) $ 32,022,411 -1.5%
FY 2009 $ 5,612,684 -8.5% 6.4553 0.0% $ 36,231,559 $ (5,243,820) $ (1,218,099) $ 29,769,640 -7.0%
% 73.7% -13.9% 49.5% 235.5% 43.6% 36.4%
Change
It is interesting to note that the gross ad valorem tax levied by the City increased 49.5% for the period. However.
the net taxes for the City's General Fund increased only 36.4% over the period after transferring increasing
taxes to the CRA; especially in the last three years.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
4. Taxes/Other Revenues
Because personnel services support the City programs and therefore comprise of the majority of our
expenditures, it is necessary to look at the other side of the ledger sheet (revenues) since expenditure reduction
will result in service level and staffing reductions.
Ad valorem property taxes are the primary revenue source of the City. This year, we budgeted $29.8 million
(down $2.3 million due to Amendment 1) to support the General Fund after transferring $5.2 million TIF
revenue to the CRA.
Given current foreclosures, we may not realize the total $29.8 million amount anticipated. However, through the
end of January, we have realized $23.3 million or 78% of the budgeted $29.8 million. This is the same 78% of
the budgeted amount received last year at the end of January. However, we are still in the tax discount period.
We will carefully monitor tax collections in April when taxes become delinquent as April - June is the period
when nonpayment of taxes due to foreclosures may be more evident.
Property assessed values are expected to decline further as of December 2008 (basis for the FY 2009/2010
budget) because of marked decline in the in the economy. Assuming assessed value reductions of 5%, 7.5% and
10%, this translates into a $1.4, $2.1 or $2.8 million reduction in property taxes to the General Fund at the
City's current millage rate is 6.4553.
For comparative purposes, the General Fund millage rate for the last 10 years has been -
. 7.8160 - FY 1999/2000 - 2002/2003
. 7.5000 - FY 2003/2004 - 2005/2006
. 7.1000 - FY 2006/2007
. 6.4553 - FY 2007/2008 - 2008/2009 (current)
The City was able to achieve reduced ad valorem tax rates because of the tremendous growth in assessed value
through FY 2007/2008. However, the assumed assessed valuation reductions of 5%, 7.5% and 10% result in
taxable values that approximate the FY 2005/2006 assessed valuation levels when the ad valorem tax rate was
7.5000.
. Will the City Commission consider an increase to the current millage rate of 6.4553 to the 7.5000
level corresponding to the similar assessed valuation levels of FY 2005/2006?
"Roll back" ad valorem tax rate is another option to levy ad valorem property taxes under state rules that ~
not considered a tax increase. The roll back rate is a rate levied that raises the same amount of ad valorem taxes
for FY 2009/2010 as the prior fiscal year (FY 2008/2009) depending on the actual assessed valuation set by the
Property Appraiser for FY 2009/2010. For example, the roll back rate under the assumed assessed valuation
adjustments would be as follows and is not considered a tax increase from the current 6.4553 ad valorem tax
rate.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Assumed Assessed Value Reduction 5% Reduction 7.5% Reduction 10% Reduction
Roll Back Ad Valorem Tax Rate ~ ~ L1lli
Additional Taxes to Raise Same Amount of
Taxes (to offset the projected deficit) Under $1.4 Million $2.1 Million $2.8 Million
Current 6.4553 Tax Rate
The following example illustrates why this is not a tax increase. A property with a current assessed value of
$200,000 would pay exactly the same taxes with a roll back rate if that property experienced a reduction of 5%,
7.5% or 10% as shown below.
Original Value 5% Reduction 7.5% Reduction 10% Reduction
FY 2008/09 FY 2009/10 FY 2009/10 FY 2009/10
Assessed Value $ 200,000 $ 190,000 1"'$ 185,000 $ 180,000
Tax rate 6.4553 6.7950 6.9786 7. 1725
I'" I'" I'" .
Taxes paid $ 1,291 $ 1,291 $ 1,291 $ 1,291
Of course, any properties experiencing a greater assessed value reduction percentage than the total City will
actually pay less tax even though the roll back rate is higher than the current rate.
. Will the City Commission consider setting the millage rate at the "roll back" rate corresponding
to the similar assessed valuation levels?
Other Revenues are somewhat limited. The City has very little ability to modify other revenues. For example,
the State calculates and distributes shared State revenues for utility taxes, franchise fees, gas taxes, sales taxes,
and others. Many of these revenues are showing reductions as well. For example, as consumers cut back on their
spending habits, sales taxes decrease. In addition, a reduction in fuel consumption leads to a reduction in gas tax
revenues we receive.
The City does have control over user fee~based revenues and assessments and may have the ability to provide
more fee~based services in order to maintain certain services.
User Fees are commonly set so that persons using the particular service or program pay for the cost of the
service rather than the taxpayers as a whole. The City's programs sponsored by the Recreation & Parks
Department are a prime example of such fees that include art classes, dance classes, beach passes and the
"Shopper Hopper". While the class fees pay for the direct instructional costs, they do not cover costs of the
facilities that house the classes or other related overhead. The costs of beach passes are not set to cover the cost
of lifeguards or beach maintenance. Fares for the Shopper Hopper are far below the cost of operations.
Staff requests discussion and guidance related to user fees before taking the time to undertake a further cost
analysis.
. User Fees: Should all fee-based services be self-supporting and/or should we consider fee
adjustments to cover more or a greater percentage of the total program costs?
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Fire Assessments represent only 35% of the total allowable fire protection costs of individual properties in the
City. Fire services protect all properties in the City. All except exempt properties pay the Fire Assessment unlike
ad valorem property taxes where a number of properties pay little or no taxes due to homestead and other
exemptions. The City needed to raise ad valorem property taxes 0.7306 in FY 2008/09 to raise the same $3.4
million net amount after transferring approximately $600,000 to the CRA.
If we set the Fire Assessment to support fire services of the General Fund at greater than the current 35% of the
total allowable allocation, we would raise the current net revenue of $3.4 million as follows.
Rate Percentage of Total Fire Department Assessable Costs
Categories 35% 50% 75% 100%
Residential Annual Rate Per Dwelling Unit $68.00 $97.00 $146.00 $194.00
Non-Residential Annual Rate Per Square Foot
Commercial $0.16 $0.22 $0.33 $0.43
Industrial! Warehouse $0.04 $0.05 $0.08 $0.10
Institutional $0.17 $0.24 $0.36 $0.48
Nursing Home $0.38 $0.54 $0.80 $1.07
Total Estimated Net Revenue $3.4 million $4.8 million $7.2 million $9.6 million
Is the Commission willing to consider continuing or possibly increasing the Fire Assessment? If so, to
what percentage of total allowable Fire Department costs is the Commission willing to consider?
Other Budeet Team Ideas:
The City Budget Team identified and conducted initial research in several areas of future potential cost reduction.
However, prior to further research, we request guidance from the City Commission as to whether or not there is City
Commission interest. These areas are as follows:
Alternative Work Week: This broad category can involve modification of the workweek, both in days worked
per week and hours worked per day. Our initial research suggests that a simple transition to a four-day
workweek for non-shift staff would result in a cost saving of around $150,000, depending upon fuel and other
costs. Many cities are moving toward a four-day workweek so this approach is not unique. Reduced utility and
custodial expenses would be the main cost savings. A reduction in hours would be easiest to accomplish if the
base week is comprised of 4-10 hour days.
Secondly, it may be desirable to reduce employee work hours to something less than 40 hours per week (Le., a
38 or 36 hour week) in order to reduce overall payroll costs. As would be expected, a reduction in work hours
would suggest a corresponding reduction in services. Workdays could be reduced to 9.5 hours (38-hour week)
or 9 hours (36-hour week) yielding nearly a 5% or 10% reduction in payroll costs for non-shift employees. We
need added research into both of these areas, but an initial analysis estimates that this could generate an annual
savings of approximately $1.8 million.
. Does the City Commission wish to consider 1) a four-day workweek for non-shift employees,
and/or 2) a reduction in working hours? Is this something we should consider this current
fiscal year because of reduced revenue for Fiscal 20081091
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Earlv Retirement: Many employers choose to offer early buyouts to employees as an incentive to higher wage
employees to retire. The theory is that when these employees retire, the City may be able to eliminate the
positions or hire less costly new employees with reduced or modified benefits resulting in less cost to the City.
Any early retirement program will include added up-front costs and it is critical that the cost saving exceed the
initial expenditure.
. Does the Commission believe that staff should conduct further research regarding early
retirement programs?
Sale or Exchanee of Property: The City may own vacant or valuable property that is not fully utilized.
. Does the Commission believe staff should inventory any such property to consider selling?
Existine Pension Plans: The City, like most governments, offers its employees defined benefit pension plans.
In other words, the plans guarantee an employee a certain pension amount calculated upon total years worked
and final wage at retirement. Both the City and the employees contribute to this type of pension plan which is
found in all levels, departments, and bargaining units in the City. However, this type of plan is proving costly to
fund. As the investment markets change, the earnings on pension funds diminish. Yet, the obligation does not
change to provide an employee the pension as defined in the various plans. Therefore, additional costs to fund
the pension system require cash funding by the City, the employee, or both.
Many employers nationally offer or are considering an alternative defmed contribution pension plan. ]n other
words, the employer and employee both contribute monies to a tax shelter plan (i.e., a 457 Plan). A contribution
by the City to this type of plan is set each year and only fluctuates according to changes to overall City payroll.
It is much like FICA taxes paid by the City. ]fwages go up, both F]CA taxes and pension contributions would
rise. The City would not be subject to or beneficiaries of changes in the investment marketplace. Rather, the
employee would be the "owner" of his/her retirement funds and therefore be responsible for the investment
strategy .
Obviously, changing existing employees (particular those with long-term vesting) to a defined contribution plan
will be difficult as you might expect. However, the City could (a) require all new employees to enroll in a
defmed contribution plan and (b) offer an option to current employees to switch to a defined contribution plan.
In this way, we could slowly phase out the defined benefit plan.
The City Budget Team desires guidance from the City Commission on several components of employee
pensIons:
. Does the Commission believe employees should fund a larger percentage cost of the defined
benefit pension plan?
. Does the Commission believe transition to a defined contribution plan is desirable and if so,
should existing plans be required to change plans or should this apply to newly hired
employees only?
The results of a study by a pension consultant engaged by the City discuss and summarize the advantages and
disadvantages to both the City and the employees of a defined contribution plan. A summary of these advantages
and disadvantages follow.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Key Eaployee A_....
Defined Benefit Plan Defined Contribution Plan
· Employer lSSumes investment risk · BenefilS IR more portable
. Benefits ere more prediclabIe · Simplicity in plan
. Final average pay pllns ere responsive to pay · ~ employee oontroI
increases
. Employees mwrded for long service · Provides for ClIpiQIlCCUIDUJation
. Provides protcc:tion against inflation and
disability
. Employee can't outlive benefits
· Provides vehicle for early rc:tirailCllt benefits
. Provides survivor benefits
x.y E_pIoyee Diladw.....
Defined Benefit Plan Defined Con1ribution Plan
. Limited portability · Assumes theiiJveslmerrt risk
. May be perceived as difficult to understand . Low investment returns may produce inadequate benefits
. No individual accounts or cash accumulation . Older workers may not receive adequate benefits
provided
. MiirimaI death and disability protection
. More dif6c:uIt to red", early - risk 1bat employee may nm
out of funds during retirement
Key EMployer A_....
Defined Benefit PI", Defined Contnbution P1111l
. Favorable investment perfOl'lDlRce reduces . No investment risk
costs
. FuodinS flexibility . Predictable budgeting
. Design versatility . Appreciation by younger workers
. Career engineering . Potential ease of administration depending upon number of
invtstment choices
Key Employer DDHwa....
Defined Benefit Plan Defined Contribution Plan
. DiscJosun: ofunfunded liabilities . Employee dissatisfectic:m ifbenefi1s an: not adeqUlltc
. Contribution requinment volatility . Lack of retirement steering
. Investment risk and uncert8in future costs . Limited ftmding flexibility
. Requires more professionals to lIdminiSlEr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: The impact to City programs and services depends on the selection of various budget
alternatives outlined in the previous pages. We may wish to consider implementing some of these program
reductions in the current year to offset a projected FY 2008/09 revenue shortfall of $5 million.
FISCAL IMP ACT: The alternatives outlined in the previous pages can have a major impact on the undesignated
fund balance of the General Fund. That undesignated fund balance was reduced to approximately $ 1 1.3 million after
FY 2006/07 and FY 2007/08 revenue shortfalls and a $4.6 million appropriation to balance the FY 2008/09 budget.
In addition, staff is currently projecting revenue shortfalls of $5 million in the current FY 2008/09 budget that will
reduce the undesignated fund balance to $6.3 million by the end of the current fiscal year.
While the undesignated fund balance represents a budgetary "cushion" to help balance the budget it is also a
measure of fiscal strength to the financial markets. However, without a combination of revenue increases and
expenditure reductions previously addressed, the budgetary shortfall in FY 2009/10 alone ranges from $10.5 - $16.0
million.
AL TERNA TIVES: The preceding pages present a variety of alternatives in addition to those desired by the
Commission.
t: i:J -{/;;;jJ ~ ~- i: i "- ~...:-'- ..-
Department Head's Signature .,./ City Manager's Signature
It;[
Assistant to City Manager [fit .
Financial Services I {&iJ:A-
Department Name City Attorney / n nce
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CITY OF BOYNTt JEACH, FLORIDA
GENERAL FUND COMPARISON OF BUDGETED EXPENDITURES
Fiscal Years 2004 to 2009
EXHIBIT A-1
BUDGETS OF EXPENDITURE TOTAL 6 YEAR %of BUDGET BUDGET
CLASSIFICATIONS %of %of BUDGET %of BUDGET %of BUDGET %of BUDGET %of
BUDGETS Total APPROVED Total APPROVED Total APPROVED Total APPROVED Total APPROVED Total APPROVED Total
GENERAL GOVERNMENT $ 54,624,672 15.0% $ 8,991,310 12.7% $ 8,982,389 13.5% $ 9,597,848 14.8% $ 9,655,863 16.5% $ 9,424,181 17.6% $ 7,973,081 16.3%
PUBLIC SAFETY $ 214,294,307 59.0% 43,857,374 62.0% 39,862,942 60.0% 38,662,683 59.7% 34,106,937 58.2% 30,325,031 56.6% 27,479,340 56.3%
BUILDING & DEVELOPMENT $ 20,745,183 5.7% 4,070,300 5.7% 4,148,795 6.2% 3,872,889 6.0% 3,282,929 5.6% 2,765,828 5.2% 2,604,442 5.3%
PUBLIC WORKS $ 34,344,798 9.5% 6,242,992 8.8% 5,933,625 8.9% 5,836,140 9.0% 5,572,413 9.5% 5,401,324 10.1% 5,358,304 11.0%
LEISURE SERVICES $ 39,058,650 10.8% 7,626,995 10.8% 7,558,805 11.4% 6,825,299 10.5% 5,979,073 10.2% 5,697,794 10.6% 5,370,684 11.0%
Total Expenditures $ 363,067,610 100.0% $ 70788,971 100.0% $ 66,486555 100.0% $ 58597,215 100.0% $ 48 785 851 100.0%
See Exhibit B-1 for Details of Above
EXHIBIT A-2
% INCREASE OF EXPENDITURE FY 2004-2009 FY 2009 FY 2008 FY 2007 FY 2006 FY 2005 FY 2004
CLASSIFICATIONS
YEAR-OVER-YEAR TOTAL % CHANGE % Change % Change % Change % Change % Change % Change
GENERAL GOVERNMENT 12.71% 0.10% -6.41% -0.60% 2.46% 18.20% 5.95%
PUBLIC SAFETY 59.60% 10.02% 3.10% 13.36% 12.47% 10.36% 4.38%
BUILDING & DEVELOPMENT 56.28% -1.89% 7.12% 17.97% 18.70% 6.20% -0.31%
PUBLIC WORKS 16.51 % 5.21% 1.67% 4.73% 3.17% 0.80% -3.35%
LEISURE SERVICES 42.01 % 0.90% 10.75% 14.15% 4.94% 6.09% -7.10%
Total Expenditures 45.10% 6.47% 2.61% 10.58% 9.29% 9.90% 2.09%
See Exhibit B-2 for Details of Above
S:\Finance\Budget 2009-2010\ \ Historical Budget Comparison from FY 2004 - 2009 - GF (AGO EBA) \ 001 Expenditure SUIDIIl8I)' 3/5/2009
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND COMPARISON OF BUDGETED EXPENDITURES
Fiscal Years 2004 to 2009
EXHIBIT B-1
ACCOUNTS TOTAL % of BUDGET % of BUDGET % of BUDGET % of BUDGET BUDGET % of BUDGET % of
BUDGETS Total APPROVED Total APPROVED Total APPROVED Total APPROVED % of Total APPROVED Total APPROVED Total
GENERAL GOVERNMENT
CITY COMMISSION $ 2,704,209 0.7% $ 423,814 0.6% $ 474,152 0.7% $ 528,905 0.8% $ 541,608 0.9% $ 539,863 1.0% $ 195,867 0.4%
CITY MANAGER $ 3,364,079 0.9% 639,605 0.9% 611,335 0.9% 605,278 0.9% 585,015 1.0% 471,085 0.9% 451,761 0.9%
CITY HALUGEN. ADMIN. (1) $ 14,256,076 3.9% 1,917,260 2.7% 2,262,027 3.4% 2,437,290 3.8% 2,642,916 4.5% 2,912,127 5.4% 2,084,456 4.3%
PUBLIC AFFAIRS $ 1,060,649 0.3% 182,064 0.3% 185,891 0.3% 192,343 0.3% 165,436 0.3% 170,169 0.3% 164,746 0.3%
SPECIAL EVENTS $ 1,200,406 0.3% 0 0.0% 0 0.0% 381,825 0.6% 382,555 0.7% 218,564 0.4% 217,462 0.4%
CITY CLERK $ 2,945,092 0.8% 577,749 0.8% 557,755 0.8% 501,978 0.8% 450,949 0.8% 427,133 0.8% 429,528 0.9%
CITY ATTORNEY $ 2,939,346 0.8% 480,375 0.7% 444,046 0.7% 491,772 0.8% 533,533 0.9% 572,259 1.1% 417,361 0.9%
FINANCIAL SERVICES $ 6,581,186 1.8% 1,247,864 1.8% 1,176,149 1.8% 1,112,313 1.7% 1,023,133 1.7% 1,053,623 2.0% 968,104 2.0%
INFORMATION TECH SERVICES $ 10,619,010 2.9% 1,866,388 2.6% 1,763,228 2.7% 1,762,904 2.7% 1,875,612 3.2% 1.663,998 3.1% 1,686,880 3.5%
GEOGRAPHICAL INFO SYSTEMS $ 2,831,547 0.8% 430,164 0.6% 411,207 0.6% 474,717 0.7% 494,636 0.8% 503,598 0.9% 517,225 1.1%
HUMAN RESOURCES $ 4,703,587 1.3% 1,027,136 1.5% 916,809 1.4% 829,849 1.3% 697,316 1.2% 637,054 1.2% 595,423 1.2%
ORGANIZATIONAL DEVELOP 1 419485 0.4% 198,891 0.3% 179,790 0.3% 278,674 0.4% 263,154 0.4% 254,708 0.5% 244,268 0.5%
, , 0 , , 0 , , 0 0 , ,
PUBLIC SAFETY
COMMUNICATIONS $ 11,496,811 1,935,009
POLICE $117,415,267 20,896,133
CODE COMPLIANCE $ 5,558,016 969,310
NEIGHBORHOOD SERVICES $ 1,023,990 295,515
FIRE (2) $ 77,265,351 14,162,165
EMERGENCY MANAGEMENT $ 502,597 236,600
ANIMAL CONTROL 1 032 275 167,951
BUILDING & DEVELOPMENT
DEVELOPMENT
BUILDING
PLANNING & ZONING
BUSINESS TAX
PUBLIC WORKS
PUBLIC WORKS
FACILITIES MANAGEMENT
ENGINEERING
FORESTRY & GROUNDS
STREETS MAINTENANCE
LEISURE SERVICES
LIBRARY
RECREATION
PARKS MAINTENANCE
Total Expenditures $ 363,067,610 100.0% $ 70,788,971 100.0% $ 66,486,556 100.0% $ 64,794,859 100.0% $ 58,597,215 100.0% $ 53,614,158 100.0% $ 48,785,851 100.0%
-. (1) Excludes Transfers Including Property Taxes to CRA in All Years (2) Excludes Operating Expenditures Included in the Fire Assessment Fund . -
i'lll~;. 'ii\,Al iltiJ,Io!\.' ~d '\1.11! i.t-~AI'.,II i;ep,Il:IfIt.'iI(f<'(!Jemiilull
CITY OF BOYNTO ~CH, FLORIDA
GENERAL FUND COMPARISON OF BUDGETED EXPENDITURES
Fiscal Years 2004 to 2009
EXHIBIT B-2
Percent Increase Year-over-Year FY 2004-2009 FY 2009 FY 2008 FY 2007 FY 2006 FY 2005 FY 2004
TOTAL % CHANGE % Change % Change % Change % Change % Change % Change
GENERAL GOVERNMENT
CITY COMMISSION 116.38% -10.62"10 -10.35% -2.35% 0.32% 175.63% 93.79%
CITY MANAGER 41.58% 4.62"10 1.00% 3.48% 24.18% 4.28% 6.18%
CITY HALUGEN. ADMIN. (1) -8.02% -15.24% -7.19% -7.78% -9.24% 39.71% 34.65%
PUBLIC AFFAIRS 10.51% -2.06% -3.35% 18.28% -2.78% 3.29% -38.78%
SPECIAL EVENTS -100.00% nla -100.00% ..0.19% 75.03% 0.51% 4.75%
CITY CLERK 34.51% 3.58% 11.11% 11.32% 5.58% ..0.56% 0.88%
CITY ATTORNEY 15.10% 8.18% -9.70% -7.83% -8.77% 37.11% 3.40%
FINANCIAL SERVICES 28.90% 6.10% 5.74% 8.72% -2.89% 8.83% -3.68%
INFORMATION TECH SERVICES 10.84% 5.85% 0.02% -6.01% 12.72% -1.36% 0.11%
GEOGRAPHICAL INFO SYSTEMS -16.83% 4.81% -13.38% -4.03% -1.78% -2.63% -14.84%
HUMAN RESOURCES 72.51% 12.03% 10.48% 19.01% 9.48% 6.99% 0.01%
ORGANIZATIONAL DEVELOP -18.58% 10.62% -35.48% 5.90% 3.32% 4.27% -3.45%
12.77% 0.10% -e.41? -OllO"1o 4I:.4ti70 111.""% 'i.9570
PUBLIC SAFETY
COMMUNICATIONS &3.72% 1.87% 20.99% 14.91% 6.23% 3.14% 0.58%
POLICE 60.60% 14.83% 1.67% 10.57% 12.12% 11.16% &.63%
CODE COMPLIANCE 73.92% 23.18% 6.68% 18.97% 8.79% 5.19% 4.58%
NEIGHBORHOOD SERVICES -100.00% nla -61.27% 44.73% 2.87% ....09% -2&.26%
FIRE (2) 60.76% 4.98% 4.62% 14.70% 14.89% 11.17% 3.98%
EMERGENCY MANAGEMENT nla -22.31% -36.73% nI. nla nla nla
ANIMAL CONTROL 26.19% 8.63% 10.18% 6.01% -1.31% 0.77% 4.57%
59.60% 10.02% 3.1 U70 13.36"10 12.47% 10.36% 4.H'78
BUILDING & DEVELOPMENT
DEVELOPMENT 27.29% 8.41% 5.57% 6.91% 6.78% 0.20% 3.98%
BUILDING 83.14% -2.88% 6.41% 23.54% 28.30% 13.32% -2.85%
PLANNING & ZONING 26.76% -4.61% 7.48% 16.66% 8.09% -1.87% -3.97%
BUSINESS TAX 49.18% 3.19% 14.62% ..0.13% 24,91% 1.66% 33.47%
66.28% -1.89% 7.12% 17.97% 18.70'78 6.20"10 -0.31"10
PUBLIC WORKS
PUBLIC WORKS 13.36% 0.84% 5.90% -1.14% 9.38% -1.62% -6.92%
FACILlnES MANAGEMENT 45.82% 12.13% 12.06% 6.68% 9.30% ..0.47% -2.07%
ENGINEERING 14.68% 1.98% .5.48% 9.21% 6.77% 2.03% -17.97%
FORESTRY & GROUNDS -5.72% -2.06% 0.31% 1.15% -6.54% 0.44% 8.81%
STREETS MAINTENANCE 21.84% 10.38% -6.89% 5.97% 7.11% 2.98% -10.86%
16.51"Al 5.21% 1.67"10 4.73% 3.17% 0.1SU"Io -3.35"10
LEISURE SERVICES
LIBRARY 63.88% 4.42% 9.05% 28.31% 4.68% 0.47% ..0.13%
RECREATION 21.01% -0.88% 19.88% 9.07% -14.84% 9.81% -12.02%
PARKS MAINTENANCE 62.46% ..0.79% 2.86% 7.20% 38.83% 7.13% ....42%
42.01 % 0.90% 10.75% 14.15% 4.84% ti.09% :'T. IU"lo
Total expenditures 45.10% 8.47% 2.61% 10.68% 9.29% 9.90% 2.09%
rty Taxe. tcfCRA In AI Vears (2) Excludes Operating Expenditures Included In the Fire A...aament Fund
S:lFinance\Budget 2009-2010\Hi.torical Budget Comparison from FY 2004 - 2009 - GF (AGD EBA)OOI Depanment Expenditure 3/5/2009
IX. - CITY MANAGER'S
REPORT
ITEM C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon) q,;;
0 ~.~
o January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon) \.0 ~;
:x
> 0"'*'1
0 o April 7, 2009 ~
February 3, 2009 January 19,2009 (Noon) March 16,2009 (Noon) I ;:;i]
... ;;g-<
;'1iZ
-0 (.1').....
D Announcements/Presentations 0 City Manager's Report ::w: OIl
Q%
NATURE OF 0 Administrative 0 New Business ~ ~CJi1
~
AGENDA ITEM 0 N ....c;
D Consent Agenda Legal c..
0 0 Unfinished Business ::r
Code Compliance & Legal Settlements
D Public Hearing 0
RECOMMENDATION: Accept the City Information Technology Services (ITS) Department's status report outlining PC
disposal options.
EXPLANATION:
Like most other Florida government entities, the City has been retiring PCs after approximately 4+ years. This program has
been cost-effective, since it generally becomes more expensive to maintain an aging PC than to replace it with a new PC
(which includes a three year warranty). The City's Information Technology Services (ITS) Department removes and retains
everything that is still potentially usable, including the software applications, the operating system, monitor, keyboard,
pointing device, as well as internal components such as hard-drives and removable memory.
Then, as per sub-section 2b of APM 10.14.1, ITS has sent the PC "shell" to the City warehouse for disposal. These PCs have
been transferred, along with other goods, to the County surplus store for sale. The "stripped" PCs do not have much monetary
value after 4+ years. During the last sale, the County sold PCs for approximately $50, and the City received about'!. or $37.
Over the past few years, the City sold approximately $5,600 worth of computer equipment. The money goes back into the
City's General Fund.
At a previous City Commission Meeting, the City's ITS Department was directed to see if we could find other options for our
end-of-life PCs. Therefore, ITS recently met with representatives of the Palm Beach County School District, area schools,
and other organizations to determine if our end-of-life PC components could be re-packaged along with other left-over
components to help decrease the "digital divide". We determined:
. The School District, with the help of area schools, can provide refurbished PCs to us for our community not-for-profits.
ITS has initiated work with the City Attorney's Office to draft an application form and agreement.
. The School District also has a large supply of end-of-life PCs.
. They started programs in area high schools (Park Vista and now Boynton Beach) for students to work on these
old PCs and learn how to refurbish them in a 'hands-on' lab environment. They replace missing hardware and
add "free" open-source software to create functional (low-end) PCs.
. Meeting participants determined that the City could acquire some of these refurbished School District PCs to
donate to Boynton Beach area not-for-profits. (There would be no cost for the PCs. However, City personnel
would have administrative work involved in setting up and operating the program.)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. As possible later steps:
0 The City could also donate our end-of-Iife PCs to the School District's refurbishment program, if the CIty APM
is changed. Although we receive very little by sellmg the PCs, they would not be usable if we donated them
directly (since they have no software and are missing hardware components). However, once the local ,ch'iob
refurbish them, they could then go back to Boynton Beach community organizations and individuals.
0 Once these programs are underway, ITS could also ask the local schools for students who \Vlsh to sen e as
"interns" to help with City PC programs. This could be a great "win-win, " since the students would recent' real
work experience with on-the-job training, and the City would have a ready source for interns.
PROGRAM IMP ACT:
Since City PCs are disposed of "as-is"; there is no ongoing support. The greatest cost for a PC is the support - and not the
original cost of the hardware.
A City program to donate City PCs directly to community organizations and individuals would necessitate considerable City
staff time (both in ITS and other human services departments) and expense. However, since the School District uses students
to re-furbish PCs, this could significantly decrease the effort and expense.
FISCAL IMPACT:
No matter whether ultimately sold or donated, the City avoids a fair amount of expense by transferring software and hardware
components to the replacement Pc.
AL TERNA TlVES:
. Institute a pilot program to accept a small number of School District refurbished PCs. If Commission directs staff to
proceed with this option, City staff will continue with the following tasks:
0 Develop an RFP to solicit not-for-profits that can accept and use the PCs.
0 Develop a "hold-harmless" agreement between the City and the recipient not-for-profits.
0 Collaborate with the selected not-for-profits, the local schools, the School District, etc. to manage the transfer.
. Report back to the Commission on the status of the small pilot program.
. Change the APM to allow the City to donate our end-of-life PCs to the School District for refurbishment.
. Continue selling the PCs as surplus.
/
1 ") ~. .
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,( ~L; , . . , , ..... ~ \
-' I r\t..., ~,~t '"' ~'-1l.o- . '... '\..'fi..l ;:., \... ""- - '-. '"
---
v City Manager's Signature
Assistant to City Manager _ (~
Department Name City Attorney;' Finance
Information Technology Services
S\BULLETIN\FORMS\AGFNDA ITEM REQUEST FORM.DOC
IX. - CITY MANAGER'S
REPORT
ITEM 0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) [2J March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon)
0 AnnouncementslPresentations [2J City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
SYNOPSIS OF REPORT: In September 2002, the City submitted a Hazard Mitigation Program Grant application to the
Florida Division of Emergency Management to protect twenty four 2nd story windows at City Hall against hurricanes as a pilot
project. The City was awarded $48,412 (75% of the total project cost). The project was a success and the City received the
full grant reimbursement. In 2005, following Hurricane Frances, the City applied for a second Hazard Mitigation Grant to
protect the remaining 2nd floor windows at City Hall. The project included protecting forty one window openings with the
same materials used in the pilot project. The City was awarded $141,998 (75% of the total project cost, plus administrative
costs) to complete the project by January 31, 2009. The City paid for the entire project $183,115 from the FY2006/07 crp
budget. The project was completed in September 2007. During final inspection, the State inspector noticed the KalwaIl in the
lobby, glass block in the Gym and several vents and stated that these should be protected in addition to the 41 windows. Even
though there were no issues with the 41 window coverings, the project did not pass inspection. The State is offering the City
two 0 tions: Protect the additional 0 enin s noted durin ins ection or withdraw the ro' ect with no reimbursement.
RECOMMENDATION: Provide direction on how to proceed to close out the Hazard Mitigation Program Grant HMGP
#1545-74R City Hall Wind Retrofit Project. The State is offering the following two options:
1. Decision to ComDlete the HMGP Proiect: If the City of Boynton Beach decides to move forward with this project
and complete the Kalwall and glass block then the State will need the following information:
. A letter from the City of Boynton Beach requesting additional project cost funds of $180,000.00 to
complete the Kalwall and glass block.
. A letter from the City of Boynton Beach requesting a Period of Performance extension for the additional
months needed to complete the project. Include in this letter an assurance that the project will be completed
by that date and a timeline with milestones. Also, include the delays with the final inspection and the delays
for determining additional funding approval.
2. Decision to Withdraw the HMGP Proiect:
If the City of Boynton Beach decides not to move forward with this project and withdraw, then the DEM
will need a letter stating the City of Boynton Beach is withdrawing the project.
A third option is to take legal action based on our compliance in completing the project as identified in the original scope of
work approved by the State in the grant award process.
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
EXPLANATION: A timeline has been prepared documenting the grant application and management process. Staff worked
closely with FEMA representatives to prepare the application, including meeting with HMGP Specialists at City Hall. rhe
Kalwall product specifications were included in the grant application with all other required documentation. During the State
review of our application (October 2005 - March 2006) several requests for additional information were made. Staff provided
documentation as requested. The City's grant request was approved: contracts were executed in October 2006.
The project was complete and final inspection was requested in October 2007. The State inspector noticed the Kalwall in the
lobby, glass block in the Gym and several vents and stated that these should be protected in addition to the forty one windows.
The project did not pass inspection. Based on initial inspection comments Public Works addressed minor. low cost issue~
(some of the vents). Over the next five months the City was assigned four different Program Officers, communication \\3"
extremely challenging. Historical information on our project seemed to be deteriorating with each new officer assigned
Staff requested a second Final Inspection. The State complied and on April 16. 2008, two representatives re-inspected the
project. Again, the project did not pass due to the Kalwall, glass block and vents. Knowing the Kalwall replacement was cost
prohibitive for the City, staff requested this be brought up the Chain of Command in the Division of Emergency Management.
explaining that the Kalwall had been disclosed in the application and the City Hall complex was part of a former HMGP grant
awarded project. This process took time and a request for Period of Performance extension was made and granted allowing
60 additional days to resolve the issues. The extension expires March 31. 2009
PROGRAM IMPACT: Based on the option selected the following will occur:
Option 1 Decision to Complete the HMGP Proiect:
A. The City must request a second time extension to complete the project.
B. The City must provide a time line of the events that will take place during the months the extension is requested
(including FEMA approval, State contract modification, bids, construction, protection of glass block. final inspection
and closeout).
C. The City must assure that this project will be completed by the requested date of the extension. ifthe City of
Boynton Beach has the additional funding to complete.
D. This project will impact City Hall operations. On-going construction and possible temporary closing of lobby
E. The remaining vents and Glass Block walls are not costly or difficult to protect and can be done in-house b~
Facilities Management.
F. It is preferred that the City Hall lobby and West Wing lobby Kalwall be replaced with a similar Florida producl
approved system that meets current Florida Building Codes approvals for wind pressure and hurricane impact and
the Kalwall in the Commission Chambers be covered with a roofing product.
G. An amendment would need to be made to the CUlTent CIP to reflect the expenditures and revenue related to this
option.
Option 2 Decision to Withdraw the HMGP Proiect:
A. The City would not be eligible for future Hazard Mitigation Grant Program funds for the City Hall complex.
Option 3 Take lel!al action
A. Pursue legal action for reimbursement of $141,998 based on the fact that the City completed the project as identified
in the original project scope approved and awarded by the State.
FISCAL IMP ACT: On March 2, 2009 the City received notice that the State has additional funding available and based on
a projected cost of $180,000, the State would provide 75% ofthe costs to cover the KalwalL glass block and vents as noted in
the inspection reports. The City is required to provide 25% cash match.
S:\BlILLETIN\FORMS\AGENDA ITEM RE()IIFST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Option 1 Decision to Complete the HMGP Proiect:
. Amend CIP $180,000 - Replace KalwaIl in lobby, West Wing and Commission Chambers. Cover Glass
Block wall and remaining vents.
Total Project Cost $180,000
Federal Share $135,000 (75%)
City Share $ 45,000 (25%)
. Request that the State release 60% of the 75% match from the original project ($85,198) based on our
expenses incurred to date and our willingness to move forward with the project.
. The $45,000 match that the City would need to provide could be taken from CIP (if approved by
Commission) and the $85,198 the City would receive in the next few months (plus the additional $198,180
when the project is completed) would be revenue back into CIP.
Option 2 Decision to Withdraw the HMGP Proiect:
. The City would not receive any reimbursement for the $183,115 spent on the original wind retrofit project
in FY2006/07.
Option 3 Take le2al action
. Incur legal fees
. Mayor may not be awarded any reimbursement
ALTERNATIVES:
1. Complete the HMGP project accepting the additional grant funds and complying with the State's requirements to
complete the project according to the conditions and time line in the second Period of Performance contract
extension.
2. Withdraw the project, receive no reimbursement.
3. Pursue legal action.
EXHIBITS:
A. Division of Emergency Management Letter dated March 2, 2009
B. Hazard Mitigation Grant Program Project # 1545-74R Time Line
it ~^
, ---1_ . ~ ^
~ ~ . (/ ... _/'0-<. i.i;~
~ead'S Signa e '~7 C ty Maruig'ec's Signature
Assistant to City Manager ~
City Manager
Department Name City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. LXHIBI I '\
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRIST W. CRAIG FUGATE
Governor Directo'
March 2, 2009
Certified Mail Receipt #
70080500000127329967
Ms. Debbie Majors
Grants Coordinator
City of Boynton Beach
100 East Boynton Boulevard
Boynton Beach, Florida 33435
Re: FEMA Project Number 1545-074-R, Palm Beach County, City of Boynton Beach, City
Hall, Wind Retrofit
Dear Ms. Majors:
The Florida Division of Emergency Management (DEM) is sending this letter to follow
up on a telephone conversation you had with the Project Managers, Nicole Ricker and Denise
Gerstner on Friday, February 6,2009. The reason for this phone call was to inform the City of
Boynton Beach that there were a few remaining items that would need to be protected in order to
complete the project for a final inspection and final payment and to inquire on the City of
Boynton Beach intensions of completing the project or withdrawing the project. These items are
as follows:
1. Three vents
2. Lobby Roof (Kalwall)
3. Glass Block
The DEM was informed on this phone conversation that the vents have been protected
and that there have been several conversations regarding the requirements to protect the Kalwall
and glass block. The OEM also understands that the City of Boynton Beach may not have
funding available to complete the Kalwall and is also concerned if there will be additional funds
available from the State to provide the Federal Share of 75% for the costs. It was stated on the
phone conversation that it would cost an additional $180,000 to replace the Kalwall and to
protect the glass block. The DEM has completed an Engineering/Benefit-Cost Analysis review
and has determined that the project is still cost effective with the additional project cost of
$180,000 (making the total project cost $363,115).
F LOR IDA R E C 0 V E R Y 0 F Fie E . 0 I V I S JON HE A D QUA R T E R S . STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Lake Mary. FL 32746.6201 Tallahassee. FL 32399.2100 Orlando. FL 32809.5631
Tel: 850.413.9969 . Fax: 850-488.1016
www FloridaOisas1er,ora
.
Ms. Debbie Majors
March 2, 2009
Page Two
. The DEM has reviewed our HMGP Allocation Listing dated June 2008 and has
determined there is additional funding of $180,000 in Palm Beach County to approve this project
for a cost increase.
The DEM is requesting a response from the City of Boynton Beach by March 31,2009,
which is the project's Period of Performance date, to inform the DEM of their intentions of
completing the project or withdrawing the project. The DEM will need the following
information submitted by the City of Boynton Beach depending on the decision to complete or
wi thdraw.
Decision to Complete the HMGP Proiect:
If the City of Boynton Beach decides to move forward with this project and
complete the Kalwall and glass block then we will need the following
information:
1. A letter from the City of Boynton Beach requesting additional project cost
funds of $180,000.00 to complete the Ka1wall and glass block.
2. A letter from the City of Boynton Beach requesting a Period of
Performance extension for the additional months needed to complete the
project. Include in this letter an assurance that the project will be
completed by that date and a timeline with milestones. Also, include the
delays with the final inspection and the delays for determining additional
funding approval.
Decision to Withdraw the HMGP Project:
If the City of Boynton Beach decides not to move forward with this project and
withdraw, then the DEM will need a letter stating the City of Boynton Beach is
withdrawing the project.
If you have any further questions or need additional information, please contact Nicole
Ricker at (407) 268-8613 or Denise Gerstner at (407) 268-8622.
Respectfully,
~1$Lft
/ Miles E. Anderson, State Hazard Mitigation Officer
I-o^- Bureau of Recovery and Mitigation
Mitigation Section
MEAlnr/dg
cc: Jason McCright, HMGP Planning Manager
"__ _.._.___ .._ _n. __._
I'XHIBIT
City Hall Wind Retro-fit Project
Hazard Mitigation Grant Program Project #1545-74R
Time Line
February 3, 2005
Staff meeting held (Conference Room B) to discuss application. Jim Ness. Deputy Fire
Chief & Debbie Majors, Grants Coordinator, will prepare the application. Jim will
develop the narrative Debbie will prepare the budget and attachments portion. (Draft
application and notes as back up)
March 22, 2005
Grants Coordinator, Engineering staff, CH2MHill Project Consultant and Fire
Department staff met with FEMA representatives to discuss the project. (Sign in sheet
and meeting notes available) Larry Koerner from Public Works would investigate the
Kalwall wind load and date of City Hall construction, other duties also assigned to
meeting attendees.
April 4, 2005
Mr. Koerner requested info from Kalwall on the specifications of the product and the
year that City Hall was constructed (documentation for both provided in application).
April 12,2005
Staff met with FEMA representatives to review the draft application. FEMA
representatives gave staff guidance to complete the application (Sign in sheet and
meeting notes as back up).
April 19, 2005
City Commission approved the City Hall Wind Retro-fit application. and signed by
Mayor Taylor on April 22. 2005 (Agenda ItemL
April 26, 2005
The application was sent FedEx to Leroy Thompson as specified in the application
instructions. Note: information on Kalwall was included in our application (FedEx ticket
& application)
April 28, 2005
Received the first letter from Kathleen Marshall. Planning Manager for the Bureau of
Recovery & Mitigation, with Leroy Thompson's signature. The letter stated that the
application had been received and was under review by State Mitigation staff for
eligibility. cost effectiveness, environmental soundness and technical feasibility (letter).
May 6, 2005
FedEx information as requested by Leroy Thompson included entire application with
Commission meeting minutes approving application and our corrected Federal Tax ID
number (FedEx ticket & application packet).
Page ] of 7
May 16, 2005
Received the second letter from Kathleen Marshall, Planning Manager, with her signature
(same letter as 4/28/05).
September 19, 2005
Letter from Leroy Thompson, State Mitigation Officer, as a status update of our HMGP
project detailing the new joint review process (letter).
October 14,2005
Letter from Susan Jones, HMGP Project Manager, requesting our Federal Tax rD # and
wind speed information on current window coverings (letter).
November 1,2005
Jim Ness asked Debbie Majors for help responding to Susan's request (e-mail).
November 1, 2005
Memorandum from Elkin Segura, State Mitigation Engineer II requests clarification on
four items. Requested fax be sent to Mr. Segura and Susan Jones receive the hard copy.
(Items responded to on November 10, 2005).
November 2, 2005
Debbie e-mails Tim Large, building dept., for help with documentation of 1 st floor
aluminum window coverings and wind speed information (e-mails and documentation on
coverings).
November 5, 2005
Tim provides a packet with back up documentation on wind speed (same as above).
November 10,2005
Debbie faxes Elkin Segura hard copies of documents and also sends them via mail
delivery to Susan Jones on 11/08/05 (6 pages).
November 16,2005
Debbie sends 2nd fax to Elkin Segura as a follow up to items faxed on 11/10/05. This
transmission includes two Miami Dade NOA sheets for Storm Shield Hurricane Barriers.
April 5, 2006
Jim receives a phone call from Susan Jones telling him our project is approved for
funding. Contracts will be sent out.
October 6, 2006
Executed Hazard Mitigation Grant Program contract is received by the City (copy of
contract).
Page 2 of7
December 2006 - October 2007
Quarterly Reports are submitted noting project progress (reports available- digital grant
files).
October 3, 2007
Phone call with Susan Jones to review project close out steps and submission of final
report. Project was completed, hurricane barriers were installed and the vendor was paid.
We were ready for inspection.
October 10, 2007
Final Report submitted with request for inspection.
October 25, 2007
Inspection held. Debbie Majors, Paula Leblanc, Jean Murphy and Inspector walked the
project and reviewed the work done. The inspector told us that Susan Jones had left
Florida Division of Emergency Management and we would be assigned a program
officer. He thought it would be David Cruz and he would contact us soon.
December 10,2007
Based on comments from the Inspector during the walk through of the project on
10/25/07, Facilities' Work Order #258457 generated to replace metal screening on the
exterior louvers in the electrical rooms (work order available).
December 10, 2007
Close out transmittal sent FedEx to David Cruz; returned to the City of Boynton Beach
for incorrect address (FedEx ticket & close out documents).
January 16,2008
FedEx package to David Cruz - updated contact information requested on January 2nd in
a letter from Miriam Hinton, introducing herself as the new Planning Manager for the
HMGP projects and the close out transmittal documents originally sent to David Cruz on
1/10/08 (FedEx ticket, contact documents and close out documents).
February 1,2008
E-mail from Ester Santiago asking for a "checklist" in preparation for a final
inspection/closeout (e-mail & checklist).
February 4, 2008
E-mail from Paula Leblanc explaining we had an inspection on 10/25/07 and we mailed
all paperwork to David Cruz on 1/16/08 (Paula has e-mail and entire packet).
February 8, 2008
Paula Leblanc requests Grants Coordinator's assistance in contacting Ms. Santiago.
Debbie Majors, Grants Coordinator, called Ms. Santiago to discuss her concerns. Debbie
took notes on the conversation. In summary, work still needed to be done before we
could pass inspection. Ms. Santiago e-mailed a checklist for staff to use (e-mail.
conversation notes).
Page 3 of7
February 11,2008
Debbie Majors e-mailed Paula Leblanc & Jeff Livergood to give details of the
conversation with Ms. Santiago on 2/8/08 (e-mail).
February 11, 2008
E-mail from Ms. Santiago to Paula Leblanc stating she "had not heard from Ms. Leblanc
regarding the status ofthe project" (e-mail).
February 13,2008
E-mail from Debbie Majors to Jeff Livergood (in Paula's absence) to confirm discussion
at the Capital Improvements Program meeting the next day. Also confirmation e-mail
that Paula sent David Cruz verification of some repairs and product specification on the
glass block wall and Kalwall to verify if covering was needed based on an engineering
review of the materials. Note: the City did not want to spend a large amount of money
covering areas that were not in the original scope ofthe project or that were sufficient as
is (e-mail).
February 22, 2008
Debbie Majors attended a meeting at City Hall with the State Mitigation Representative,
Peter Suengas, on Thursday, February 21, 2008. Other funding opportunities were
discussed. After the meeting, and hearing Mr. Suengas mentioning if there is anything
they can do to help us, please let them know; Debbie brought up the current situation and
difficulty in trying to close out the HMPG grant funded City Hall Wind Retro-fit project.
Mr. Suengas offered to look at the Kalwall. He asked that Ms. Majors forward him the
application and correspondence regarding the close out. Debbie Majors sent an e-mail
with the complete application and the e-mail from Ms. Santiago on 2/11/08 (e-mail).
February 11, 2008
Elkin R. Segura Interim Inspection Report of 02-11-2008 based on an October 25, 2007
Inspection. Paula may have received via e-mail but we are not sure (Documentation of
report received by Grants Coordinator via e-mail from Jason McCright, HMGP Planner,
on August 11,2008 (documentation to follow on 8/11/08).
March 4, 2008
Letter to Esther Santiago regarding additional documentation: Attachments D, F, & L
and Letter from Building Official - same as the documentation originally sent to Dave
Cruz on 1/10/08 (Paula has entire packet).
March 21, 2008
Debbie Majors spoke with Ms. Santiago and e-mailed and sent a hard copy of the letter
requesting final inspection (e-mail & letter).
April 3, 2008
E-mail received from Ms. Santiago requesting pictures of work that was done -referring
to Ms. Santiago's letter of2/11/08 (e-mail).
Page 4 of7
April 7, 2008
Debbie Majors e-mails Ms. Santiago stating Ms. Leblanc is gathering photos of work that
is done. She also if anything else was needed at this time. Ms. Santiago's response was
.'thank you" (e-mail).
April 14,2008
Grants Coordinator, Debbie Majors, called Horatio Mourino. Engineer II for Florida
Division of Emergency management to set a date for the final inspection. Mr. Mourino
and Debbie majors confirmed the date and time for the inspection via e-mails that
morning (e-mail).
April 16, 2008
State Mitigation Engineers, Horatio Mourino and Dennis Quan conducted an inspection
of the City Hall Wind Retrofit Project. Paula Leblanc, City Project Manager, and Debbie
Majors, Grants Coordinator accompanied them on the inspection to review what the first
inspector (Mr. Elkin Segura) commented on and what had been done to date. Debbie &
Paula stated that information on the Kalwall and the glass block was submitted to David
Cruz to get a determination on the need to cover but have not received anyihing in
writing from him on the matter. Mr. Mourino took photos and notes and said we would
hear back from him regarding his inspection comments (He was surprised that we did not
receive a copy of the October inspection report). Mr. Quan offered several suggestions
regarding materials that on the market that cover odd shaped spaces. He stated that he
would e-mail us some examples (City has no documentation, never received a copy of the
inspection report).
April 23, 2008
Dennis Quan e-mailed six documents regarding mitigation methods (Paula has copies).
June 26, 2008
Debbie Majors e-mailed Ms. Santiago after several unsuccessful attempts to reach her by
phone (e-mail).
June 27, 2008
10:55 a.m. Ms. Santiago e-mailed Debbie Majors, stating that "no reimbursements will be
made until all required changes, documents and pictures have been received" (e-mails).
12:02 p.m. Ms. Majors replied via e-mail stating that since the City did not receive an
official report on the "required changes" they were not clear on exactly what corrections
were "required". She also provided contact information for the two State Mitigation
Inspectors and asked for a report from their 4/16/08 inspection (e-mails).
4:47p.m. Ms. Santiago sent an e-mail to Jim Ness. Paula Leblanc, Butch Truesdale (PBC
ERM ). Luz Bossanyi, Jason McCright, Horatio Mourino and Dennis Quan stating: Per
your request attached is an official interim report for the above project. The document
attached was a cover letter dated June 27. 2008 to Paula Leblanc Re: The City of
Page 5 of7
Boynton Beach, City hall Bldg., Wind Retrofit, Interim Inspection Report (Project 1545-
74R). That was the only attachment in the e-mail, no report (e-mails).
4:51 p.m. Ms. Santiago recalled the message, "Project 1545-74R City of Boynton Beach,
City Hall wind Retro-fit" (e-mails).
4:53 p.m. Jim Ness, Deputy Fire Chief opened the e-mail before it was deleted and
forwarded it to Debbie Majors stating "Are we missing something?" - referring that the
report was not attached (e-mails).
4:55 p.m. Jim Ness forwarded the "message recall" to Debbie Majors (e-mails).
Ms. Santiago recalled the message and did not re-send it (e-mail).
August 1, 2008
Debbie Majors e-mails Ms. Santiago stating the final inspection report has not been
received and if there are corrections that are required, as she has stated in previous
e-mails, the City left with very little time to comply (e-mail).
August 11, 2008
Jason McCright, HMGP Planner sent e-mail to Debbie Majors copied Ms. Santiago and
Ms. Bossanyi with the Interim Inspection Report dated 02/11/08 (e-mail).
August 21, 2008
Grants Coordinator e-mails Jeff Liver good, Public Works Director and Paula Leblanc,
Project Manager, to meet and discuss the Interim Report and e-mail from Jason McCright
(email and attachment oflnterim Report from Jason McCright).
September 3, 2008
Debbie Majors, Paula Leblanc and Jeff Livergood met to review the Interim Status
Report and determine how to respond. Debbie Majors was directed to prepare a Time
Line of the project. Debbie and Paula will meet on 9/12/08, to review the time line and
submit it to Jeff Livergood to draft a response letter to Jason McCright, Ms. Santiago and
Ms. Bossanyi.
September 12, 2008
Debbie Majors and Paula Leblanc met to review back up documentation for time line.
Everything seems to be in order; timeline will be forwarded to Jeff Livergood to draft a
response letter.
Received letter from Jon Thornton, of Specified Architectural Systems, Inc., stating the
Kalwall was installed in November 1989 and Building Code did not require Hurricane
Impact information, therefore the current Kalwall was not tested for that (letter).
September 22,2008
Received e-mail introducing Nicole Ricker, New Project Manager for our HMGP project.
Debbie Majors called Nicole to provide a historical information and request close out.
Page 60f7
September 29, 2008
Jeff Livergood sent letter to Nicole Ricker requesting that DEM remove the requirement
to address the Kalwall in the project since it was not in the original scope of work. Nicole
would speak with her supervisors about this issue and get back to us (letter\.
October 1, 2008
HMGP Quarterly Report submitted to DEM noting disagreement with final inspection.
October 15, 2008
Drawings detailing HMGP 1359-0013 from 2004 and HMGP 1575-74R from 2005 were
sent to Jason McCright, HMGP Planning Manager for consideration. Jason called told us
how to request an extension as our contract time was nearing an end (Drawings).
November 21,2008
Jeff Livergood requests time extension. Public Works staff will continue to gather
information on Kalwall product specs and replacement costs. Florida Division of
Emergency Management processing request for extension (request letter).
January 7,2009
Florida Division of Emergency Management sends contract modification form to extend
grant deadline to March 31,2009. January 12, contract returned to State.
January 21, 2009
Florida Division of Emergency Management re-sends contracts for mayor"s signature.
They made a mistake on the first set. Mayor signs and they are returned on 1/29/09
(contract).
February 3, 2009
Debbie Majors and Jeff Livergood meet with City Attorney to see if legal action is
necessary to resolve. City Attorney will try to contact State legal office to discuss.
February 9, 2009
Executed Contract Modification is number one ( 1 ) is received from Florida Department
of Emergency Management. Nicole Ricker & Denise Gerstner, Project Manager working
on putting issues in writing from the Florida Division of Emergency Management for
City response (contract).
March 2, 2009
Received e-mail from Denise Gerstner providing summary of options. Letter will follow
from Miles Anderson State Hazard Mitigation Officer (e-mail).
March 6, 2009
Debbie Majors & Jeff Livergood meet with City Attorney to review Jetter and options.
City Manager agrees to putting it on the March] 7 Commission Agenda for direction.
(dm
Page 70f7
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) o February 17, 2009 February 2,2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) C8J March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve on first reading Ordinance 09- ",/ amending the City of Boynton Beach's
Personnel Policy (PPM) Manual:
. Section IV. Benefits, 07. Family and Medical Leave Act (FMLA).
EXPLANATION:
The FMLA policy is being updated in accordance with the recent federal revisions made by the Department of Labor effective
January 16,2009. The updated policy in the PPM refers employees to the Federal Regulations. The policy also states that:
. An employee is required to use accrued sick leave while on FMLA.
. The used accrued leave will be considered FMLA-protected leave and counted against the employee's FMLA
leave entitlement.
. An employee may take leave intermittently or be on a reduced leave schedule, when medically necessary.
However, taking leave intermittently or taking a reduced leave schedule is not available for the birth and care or
placement of a child.
PROGRAM IMP ACT: The FMLA revision in the PPM is being made to remain in compliance with the updated federal
regulations.
FISCAL IMP ACT: The revised FMLA policy may have a fiscal impact due to the fact eligible employees may be entitled to
take up to 26 workweeks of leave in a single 12-month period to care for a covered service member with a serious illness or
injury incurred in the line of duty.
ALTERNATIVES: There is no alternative. The policy must be amended to comply with recent revisions to the Federal
statute and regulations regarding Family Medical Leave.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~. "- ,~ ic t..-.---- '"'-
City Manager's Signature
Human Resources Department A:S: to City Manage' ~
&ty Attorney I Finance - -~ --
Department Name
1 ORDINANCE 09- (JIg
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING ORDINANCE 098-06 BY
5 AMENDING CHAPTER IV, "BENEFITS", SUBSECTION
6 07 ENTITLED "FAMILY AND MEDICAL LEAVE ACT"
7 OF THE PERSONNEL POLICY MANUAL; PROVIDING
8 FOR CONFLICTS, SEVERABILITY, AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of the
12 City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton Beach,
13 which document has been amended from time to time; and
14
15 WHEREAS, the City staff has recommended that the amendment to the Family and
16 Medical Leave Act located within the Personnel Policy Manual will bring the procedure in line
17 with the Federal Statute and regulations regarding Family Medical Leave; and
18
19 WHEREAS, the proposed change to the Personnel Policy Manual is in the best interest
20 of the health, safety and welfare of the Citizens and residents of Boynton Beach.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
25 Section 1. The foregoing whereas clauses are true and correct and are ratified and
26 confirmed by the City Commission.
27
28 Section 2. That the Personnel Policy Manual (PPM) Chapter IV, subsection 07,
29 Family and Medical Leave Act, is hereby amended, as follows:
30 Chapter IV. Benefits
31 ***
32 07. Family and Medical Leave Act
33 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993).
34 29 CFR Part 825 as amended Janu 16 200~
35
36
37
38
39
40
'ICAIOrdinanceslPPM Amendments - FMLA (2009).doc
1 I Employees granted leave under FMLA arc reqUired tu use accrued sick leave whIle un L\lk\
2 Should sick leave be exhausted while on FMI.A leave. employees are entitled to use accrued
3 vacation leave. The accrued paid leave used will be considered FMLA-protected leave an<,l
4 counted against the FMLA leave entitlement.
5
6 When medically necessary, an employee may take leave intemlittentlv or on a reduced leave
7 schedule for hislher own serious health condition or that of a family member. Intermittent~Lj:l
8 reduced leave schedule is not available for the birth and care or placement of a child.
9
10 A.. Entitlement
11 Employee~; of the City. including key employee~; except v,here expre~;sly excluded. who ~
12 \>"orked for the City for at least I 2 months <:md have \-vorked utlea::;t 1250 hours during that t~
13 ma) be entitled to u total of I 2 \\eek~; of unpaid medical leave during un) 12 month pc~
14 commencing from the first date of tne-lcU\'c perioclo when leave i:; taken for one 0i'---me-re--+4-the
15 following:
16
17 -Birth of a child of an omplo)ce llnd 10 care le)r the child:
18 -The placement of a child with an emploYt'c for adnption or fi.)ster care. (Foster care require~,
19 :;tate action.)
20 ..:r-e care for the spouse. ehild or pe.rent of an employee. but not a parent "-'in Im\ ". if+l:ie
21 +i:ullily member ha:; a :;eriou:; conJition: or
22 ..::r~m-pteye-e--i-s-ttH-a-l=>>e-t operfi.)rm the +ttA-t't-Hiflli-ef4e--j3BSiti on. hecu u:,e ~~"'t.4.'"
'/" own :;eriou~; health condition.
..:....:l
24
25 +ht'-~-t1tf3-l~-'-s-effii.fJ.e+Flt!-fH-H+-~-lBr-+HRh:-ii:~}ft-{) r 1 () :;te F ffife-:-~i-Fe-S--nl- the end 'H--l:--I:fl-e
26 I) month period beginning 0\1 the dute of the birth or placement:
27
28 Empluyees-~L/\ 1eave--ttFe--R*ftttred-R:t-ttse-itH-accrued paid Jean: and sick time \"hile
29 on FML\ leave. Employec~; are entitled to use vacation time durin;,! an FML.1\ lcaw fCll' ~t
30 t)lJ\ ered h) accrued leme or :;i(.~:
31
"; B. Continuutioll of Bendits
.)~
33 Th.c City :-;hull continuo? group ho?aJth plan coverage f(Jr employec~, on '-'-ML^ lea\e for the clunllwll ,+}
34 the eligible employee':; 1;;><1ve. Cmerag.c :,hall he pro\ ided-Bfl--l:he ~,allle ~----a-OO-undcr the-;,Bffit"
" - condition:; that cmeragc v,ould hale bt:'t:'n pw"ided if no leave had been taken.-AH-emploYl?e'BH
-')
36 FML.". lea"e ';,ithout pay jJa11 PU) any dep;;>ndenr covel'll;,!e and other premiurn~, normally puid.~
37 payrnelll i~, due in Human Rc~;ource:; by the 251h of each monlh. ]n the e',enl that an employee -fa.i.h-tH
38 return to \\01'''- after the ptJriod of leme expire~;, the ('it) ma) recover any premiumc; the Clt) paid-4f+t
39 coverage during the lom'l::' period. Such recovery can be laken from an:, benefit', or '<\a;,>.cs oWIWJ-~
40 the city h) th~ employet'.
41 d. . .1 .~ : I , rI, ,.1, r.11 .f- ..~ { ':., , :11 ,. .
" , .1. 'l~ . C' ,~~ ,~ c' c' '''t:' . .....- . ,_ c. . "" .d
42 ,,',., ...
, C' . .
43
I
I ~,CA ,()rJmanccs'j'PM /UllcnJments - FMl.i\ i2(J(J4i J\\C
I
-Continuation, reoccurrence or onset of an employee's ov;n serious health condition or that of a I
1
2 family member.
3 "Due to circumstances beyond the control of the employee.
4
5 The employee is required to provide tho personnel department with \\'ritten certification, from the
6 employee's or family member's health care provider, substantiating I and/or 2 abo'/e. Failure to return
7 within 30 calendar days of the agreed upon date and provide the above certification may result in
8 termination and the City may recover premiullls paid.
9 C. Definitions
10
11 KEY EMPLOYEES: Salaried employees who are among the highest paid 10% 01'011 employees.
12 F,^J\llL Y MEMBER: Includes spouse, parents, son and daughter. Tho tann spouse means current
13 husband or wife as recognized under state la\', for purpose of marriage. The lenn parent means the
14 biological parent or individual who stand~~ or stood in loco parentis (in the placc of a parent) to an
15 employees when the employee \"a~~ a child. 'l'his term does not include pa,rent "in law". The term son
16 or daughter means biological. adopted or fo~;tcr child. stepchild, legal ward, or a child of a person
17 standing in loco parentis, who either under age 18, or age 18 or older and incapable of self care
18 because of a mental or physical disability.
19 SPOUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave
20 for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health
21 condition.
22 o SERIOUS IlEAL'lll CONDITION: is an illness, injury, impairment. physical or mentnl condition
23 (!elM imolve~;:
24
25 -Incapacity or treatment oonnected with inpationt care at a ho:;pital, ho:;pice or re:;identialllledical
26 care facility involving an overnight stay.
27 "In capacity requiring the ab~)ence of three calendar days from '.vorl, that involvcs continuing
28 treatment or supef\'ision of a health care provider.
29 -Continuing treatment by a health care provider for 0 chronic long term health condition that if
30 not treated would likely result in a period of incapacity ofmorc than 3 calendar days.
31
32 I),Requirements
33
34 ;\n employee requesting FML^ leave :;hall explain, in writing. to Human Resources the reasons for
35 the need for :;uch IOewe. The employee shall give, when foreseeable. 30 days advance notice of tho
36 need r(:lr FI\'lL^ leme. The City may reque:;t as much substantiating documentation from the
37 employee as it feels necessary to make a determination as to whether the rea:;on for the request
38 ,. ".c: '..'" '<'1... I I , n. ,," " ./ "'. n . ry , ,_. r "" ," 1
-t' ,
39 ' .L,,' ,. ,. ',.L'. ,L ,.,... .
'" ,~ '''''' ~. '.J 0
40
Ie AIOrdinances\PPM Amendments - FMLA (2009).doc
I
1 \Y.HJ:iN_kt!~Y_!;;'_1S_.Kl;:lliJj~_;Ul;:J) l h c en) piny et: rn II s [ t*~---i'H-- '. '. l'll i n g, . Lt--rne&H.'Bf-iOe-H-!+i,_'tH'H +H
") :;tnting the condition and the need +et-~-l~~empluyee'~i llr l'amily memlx'f';r.ftea.!.HH.:'itf't'
3 provider within ten ( 10) du) :; 01' the \\ ritlen requc~;t -fut.-twve--A.~.h-R-TI Fle.'\ IE +-*--!4A~-l-\\,W-l4
4 PR,'\CTTrJONER ,,'ORM WfI 380 cilwll be reqllin:d ([0111<1 qualified health Caft'---pH~f+'fi:tH:c
5 medical reasun cited b:~ the el11ployee.-t-1+e-'~-ffiay--fu*requestlh:!4-t-i,*\itt ini'ormationflHtH 'ri:ttft
6 flR)vider but muy require the 0I1lployeetB-.~--a+---t+J.e-{,~~ cxpen~,e..---a~i.-mt:l- uPlnion:- iht"\.--tl-:'-
7 shall de:iignate the hoalth care pnwiderw-fllrni:;h;llCh :iccond opini()lJ~ t\\U npinie-w-.- CHlIRt\:'+:
8 the City may require the employec,at the city':; e:\pens\.:; to obtuin certitlcmion from a mlltuali7it~
9 upon third health care provider who':; opinion- I'. ill be finul.~certiricuti(\I1-wi-!-l-~-ff€itt-edH"'H
10 confidential medical record and the informfttiBH ,,,,ill he di'iclosed only-ttSrcquired--~~4t-\-\-
11
12 INTERMITTENT OR REDUCED SCl-n::Dl;LE LI,,\ VF:- 'A'hen medically n~::y-;--internllttem (II
13 retitt€od .;c h ed III e I ea v e-'11l [l y ne tahen-.ffi:te.--H''Httt-.e m p I 0) .:e '"i-"'\4~Se-t'ft7tt:y-J:tea#.l+ c ( ) n d it inn Of--tfmt-t+l':"'a
14 family member. IntermittelTt-Br~ ~;<..:hedule leU',e is nOt-avuilable for the biFth or placemem4a
15 ffitlfio
16
17 Employee~; ~;eeking intennittent or reduced :;chedule leave based on planlled medical treatment are
18 required to produce certification outlining the dares on which treatment is expected and the duration
19 of the treatment. Employee:; arc expected to make a rea:;onabJe em)r!. :;llbject to the health care
20 provider's appn)\al, to :;cl10dule treatment :;0 as to not unduly disrupt the City ':; operations. bnplnyee.,
21 are required to give the City, through the per~;onncl department thirty (30) day:; notice or fl'; much
22 notice a~; j,; practicable of their intention;.
23 In the event an employec roque:;t:; intermittent or reduced 3cheduled leave due h) II [amil) nk'11lBeF'~
24 the emplo) ee's own :;erious health condition. the Cit:, may elect to temporaril) tran:;i'.:r the cmpl(~
25 h+ an available alternativc ro~;itioll.--~--etjirivrrt-eH+---rHi-:<---i:\-fl4- benefit:, l~)r \" hich the el11pl\~p.,
26 qualifi.:d and \\hich better accoml11odatr:~, the.{~l~'~, nec(J., und that olthe clllplu~
27
28 E-.-Nffii-t.'€
29 NQDCLJ_:ROM r~LtQJJ3LE -,-\NO ~J;;l__J::.r!jPLOYEE~: -A-lllinimul1l of thirty (301 day:, ad\Llnct'
30 notice of an employee':; intent to take leave i:'; required wht:n it is f()re:;ecable due to:
31
32 -The expected birth ora child.
33 -Th.: expected placement of a ch i Id 1(Jl'-fldoplion-Bf'-+~-t-ftft'7
34 -Planned medical trcatmentlllr child, 'ipollie or parellt with a :,eriulI'; health conditiull.
35 -Planned nH::'dical trealment in the ca:,e urthe emplo)ee\ uwn :,erillU:; health condItion
36
37 If lean; --Ita:i to begin -itt-ks-s--tfl.atl thirty --+30) days Wi a result #-Bfle-Bf the abmc rcj~r~
38 ef.t:€ul11stances, the employee mu:;t provide lhc City. through Human Re.;ourcc.;, ',\ith a:; Im;:;!l ad\til:ftBe
39 notice as i:; practicablc. Notice mu~;t be provided in \',rilin;; to I-Iuman Resources. In the event noticr: i:i
40 NOT ;i\'en in these circumstattec.;, the emph)) ee will bt:--t'-<)l1sidered -t-&-~~a-keH--"lInaulhfw-i.,.zffi
41 lea'",::" lll~ ill be .;ubject to appropriate di:;ciplinllry action.;
42
I
Is \CA\t Jrdinancl's PPM Amendments . I'M!. \ r2()il9r duc
t;
II
II
1 NOTI~r;.J]{()}\j THfi_(JTY__IQ t~EY EM'p~OYEES: The Cit) :;hnll notify a ko) employee before
._-~- -
2 leave is taken if economic injury i~; foreseen at the time.
3
4 RECERTIFIC/\TION: :\n employee 'Nho has taken leave because of the employee's own seriou::;
5 health condition or that of a family members is required by the City to obtain subsequent writtefl 1'0
6 certification of that medical conditions every five (5) weeh:s during the duration of the condition. In
7 addition, employees on FML^ leave are required to report eyer)' 2 weeks, in '.\'riting on their status
8 and the intention of the employee to rcturn to work. FaibJl'e to report as stated above may sl:Ibject the
9 employee to disciplinary action for unexcused ab:~ence.
10
11 REl~.~I:~dIiMX~~J:: Eli;;ible employces other than key employees, \..ho comply ....ith all provisions
12 of this policy and who return from FML^ leave will be returned to the job position held prior to the
13 leave, or may be placed, at the discretion of the City, in an equivalent position v.ith equivalent
14 benefits.
15
16 THE CITY MA Y DENY RESTOR,^.TION TO /\ KEY EMPLOYEE IF:
17 I.Denial i:; neces:;ary to pre','ent "::;ub::;tuntial and grievous economic injury" to the employer;
18 2.Tne City notifies employee of its intent to deny restoration on that basis at the time the City
19 determine~; that :~uch injury v:ould occur and after being notified, the employee elects not to
20 return. The City shall not deny the employee the oppoltunity to take leave (i.e., must 110ti1)' the
21 employee after the leave is requested but before the leave is taken, if economic injury is fore:;een
22 at that time) and, if the employee already is on leave when the notice is given, the c it) :;hall ghe
23 the employee an opportunity to return to v.ork.
24
25 While on leave, eligible employees v.rill retain all accrued benefits. !\n employee \\'ill
26 continue to accrue benefits (vacation, longevity, seniority, sick, etc.) during FML\ leuve
27 (-mcation, longevity, seniority, sick, etc.) in a-ccordance ""ith current accrual standards.
28 Reinstated employees nre not entitled to any right, benefit or position of employment other
29 than any to which they would have been entitled had they not taken the leave.
30
31 Prior to reinstatement an employee v,'hose leave ,"vas based on the employee's ovm serious
32 heulth condition i~; required to provide, in wri'.ing, to the personnel department a certification
33 from the employee's health care provider that the employee is able to return to v,'ork.
34
35 Section 3. Should any section or provision of this ordinance or portion hereof, any
36 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
37 such decision shall not affect the remainder of this ordinance.
38
39 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
40 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
41 conflict.
42
S \CA\Ordinances\PPM Amendments - FMLA (2009) doc
I
I I Section 5. This Ordinance shaH become etfective immediately upon passage.
I FIRST READING this uav oj . ~2 OOli
3 SECOND, FINAL READING and PASSAGE this ____ day of
4
5 ,2009.
6
7 CITY OF 80YNTON BEACH. FLORIDA
8
9
~~~ .-~-~_._-._~_._--~-_.-
10 Mayor Jerry Taylor
11
12
---,.~- .0 _________. __.__ ___,.__. __ __
13 Vice Mayor --- Jose Rodriguez
14
15
-"'~-~---- ------
16 Commissioner ~ Ronald Weiland
17
18
-----~----_._-------,.- .-."-- -..---
19 Commissioner- Woodrow L. Hay
20
21
__........__.___. n__
')') Commissioner ~ Marlene Ross
')"
_.)
24 ATTEST:
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32
..,.., (C orporate Seal)
.L)
I
I
S Il'A IUrdinaneeslPPM Amendments - /. !\1L\ (211()'J I due
J
An excerpt from the:
PERSONNEL POUCY MANUAL
CItY OF BOYNTON BEACH
IV Benefits
07. Family and Medical Leave Act
Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993;.
29 CFR Part 825. as amended January 16. 2009).
Eligible emolovees of the Citv of Bovnton Beach are entitled to take leave from work for
Qualified reasons oursuant to the Federal Regulations of the Family and Medical Leave Act
(FMLA). Human Resources will provide emoloyees with information on FMLA and the
reauired forms. when needed.
Emoloyees aranted leave under FMLA are reauired to use accrued sick leave while on
FMLA. Should sick leave be exhausted while on FMLA leave. emoloyees are entitled to use
accrued vacation leave. The accrued oaid leave used will be considered FMLA-protected
leave and counted aaainst the FMLA leave entitlement.
When medically necessary. an emoloyee may take leave intermittently or on a reduced
leave schedule for his/her own serious health condition or that of a family member.
Intermittent or a reduced leave schedule is not available for the birth and care or
placement of a child.
A. &RtidameRt
Employees of the City, induding I(C'I employees CKCcpt where e<-prcssJy C*dudcd, who
have wor1<<X1 for the City for at lrost 12 months and have ~'OI1(ed Jt lcast 1250 hours
during that time may be entitled to J total of 12 weeks of unpaid medical lcave during In'{
12 month period~ commencing from the first: date of the ICXI\lC pcriod~ when lcave is tJl<en
for one or more of the follCYNing:
. Birth of J child of an cmplO',lCC Jnd to care for the child:
. The placement of a child '::ith an employee for adoption or fo::tcr ore. (Foster care
requires stltc action.)
. To care for the spouse, child or parent of an employre, but not a POfCnt "in law", if
the tlmily member 11\:1$ a serious condition; or
. The employee is unJble to perform the functions of the position, because of the
employee's ov.n serious health condition.
The employee's entitlement to leave for birth, adoption or foster care, expires at the end
of the 12 month period beginning on the date of the birth or placement.
Employees granted FMLA. leave are required to use all accrued paid leave and sick time
Page 1
I while on FMLA leave. Employees are entitied to use vacation time during an FMLA leave
for days not covered by accrued leave or sick time. B. Continuation of Benefits
The City shall continue group health plan coverage for employccs on F~1LA leave for the
duration of the eligible employcc':; Icnvc. Coverage shall be provided on the same level and
under the sume conditions that co\,uage would have been provided if no lrove had been
tal<cn. An emplo'lee on F~4LA leave 'Nithout pay shall pay an,,! dependent co'JCrage and
other premiums normally paid. Such payment is due in Human Resources by the 25th of
roch month. In the event that an employee fails to return to work after the period of leave
C*fJircs, the City may recover any pr-cmiums the City paid for coverage during the lrove
period. Such reoovcry C..1n be taken from any benefits or wages owned by the city to the
employee.
Should the employee fail to return due to the following circumstances the City will not
attempt to recover such premiums:
. Continuation, fCOCCUrTCf1ce or onset: of an employee's own serious health condition
or that of a f;)mily member.
. Due to dR:umstances beyond the control of the employee.
The employee is required to pro/ide the personnel department with written certifiC..1tion,
from the employee's or family member's health C.Jre provider, substilntiating 1 ;:mdfor 2
above. Failure to return within 30 C..1lendar days of the agreed upon date and prO'v'ide the
above certification ma'/l'GUlt in termination and the City may recover premiums paid.
C. Definitions
KEY E~4PLOYEES: Salaried employccs 'J.'ho ar-c among the highest paid 10% of all
employees.
F#4IL y ~4E~4BER: Includes spouse, par-cnts, son and daughter. The term spouse means
current husband or 'tlife as recognized under stJte law for purpose of marriage. The term
parent means the biological parent or individual who stands or stood in loco parentis (in
the place of a parent) to ~m employccs '...'hen the employee was a child. This term docs not
include parent "in law". The term son or daughter means biological, adoptccl or ~r child,
stepchild, IcgallNard, or a child of J person standing in loco parentis, '1.110 either under age
18, or Jgc 18 or olc:lcr and incapable of self care bccJuse of a mental or physical disability.
SPOUSES: employed by the City Jre jointly entitled to a combined total of 12 Vleeks of
fJrnUy leave for the birth, adoption or foster care of a child or the C..1re of J child or parent
who has a serious health condition.
A SERIOUS HEALTH CONDmON: is an illness, injury, impairment, ph'ISiC..11 or mentll
condition that: involves:
. Incapacity or treatment connected with inpatient C..1re at: J hOGpital, hospice or
residential medical C..1FC f;)dlity in'!olving an overnight stay.
. In C..1pacity requiring the ;:lbscnce of three calend;:lr days from work that ilWOlves
continuing treatment or supervision of a health care provider.
. Continuing trrotment by ;:l health care proVider for a chronic long term health
condition that if not treated 'Nould 1iI~ly result in a period of inC..1pacity of more
th;:ln 3 calendar dJ't'$.
D. AeqlliFel1leRtlSi
An employee requesting F~4LA lco\'e sht311 C*plain, in writing, to Human Resources the
Page 2
=~r:=~~==30~
=::::n:,~I;~?-,!~':;:a==~
=5~3~a~====
::::
=_~~~::a ~ :: ":"" :' ~" ~ ::::
==:(==~S~~=~~:
~=!5~~~~S
==~;~~~~r:~:~
~r~~~~~~ "
==s~=:'~~'~
;;;:-~~~~===~
===a~,"=.-k~:==-~~
.. r 'tRC BlftR or I3laremeAt at ~ d\l'd,
==::=~~=.:=':~u=:
:::::='"~~;;t~i:~:===='
~~:::::.e;;:~ _~~~:::=,"e
=~~:==a=~~
::0::
:=:~~~~:==
:::::=:=:-4~':~:~~
=:~a:=~~Jis~
that at'tRc emf)le',-ee.
~=-
=~=~~~~=:"~~:~
. f m ' . ~ I~~ is Feft~iFeel wRen it is fal'C!:eeaek: sue to:
. = =00 BiFtA of a thUd.
~=;::..r::-;==~":~ sen...' healA
=~
. eEiieal treatmeAt iA the case of'tRc effil3lo't'cc's m"'A :;eFiOl:lS health
::0:
::= ~~~*::,=::;.~~=:~::~===red
, Cit), 'tRFel;l€jA Hl;ImaA n.esel;lFee5, ..ItA as
Page 3
I ==~:ce as is ~Fa~cable. ~oUO? must: be. pro':idcd in writing to Human.
. event RoUce IS NOT gfl,'CA In thcse ofCumstlncc:;, the employee ':JlII be
consielCR::d to h;:we taken "unauthorized ICx)'Je" ;:md '.\'i11 be subject to Jppropri;Jte
discipliR2I1Y acBon.
~ FROM lHE CITY TO ~ e4PlClVEES: The aty shall A€ltify a I"" emplevee -
I 'Ie '5 taken if eeeRomic injury is fofCSCCfl Jt the time.
~: An cmp!eyee who hils laI<en lea"" _se ~~~n
==: erlllat sf a faF/lily 1fICF/lOO"S is "*!uire<l By tile a; Ie -~n .
;: :;; ;..;; re reFlffi_ sf 1Mt F/ledtGll oondiliOAS """y _~ (~~ ~
~tl;U;;:: : eendition. In adelilion. emp1eyee5 on ~LA leave are ~ ~ ~
= ~ ,. L, on WIIliA!! enlt1ar -.s and 1!le ,_on sf ~.?"~ ~ ~.:
;ii;; to ~~rt as stated above may subject the cmr31o,!ee to dtscipli-nary :IcBon for
URG<CUscG absence.
~~=~Fld~~~~(~'~~!'Y~1I
::;;; i;;d prier Ie 1!le 1<9\"', er FAay Be pIared, at tile di:''::: = ~~
cqui>..alcnt positiOR with equivalent benefits.
THE em ~1AY DEW( RESTOOAllON TO A ~ E~~PLOYEE IF:
1. DcAi;J1 is ACC-essary to pFC'lfCF1t "substanti;J1 and gr-ievous economic injury" to the
employer;
2. -= ~ AllIifics emlli6't'tt sf its intent Ie deny reslefalion on ~~~~~: ~ the
~~ sOO1 i~ury would ElOOlr and after bei,!~, ~~
:::: a ~ ~ ",:"e CIty ~I~ Rat delYf !lie ,:,;,pIeyee 1!le ~ .
:=;c.. :;-.;.;;,;fI lt1e emllie,"" alto- lt1e lea-e IS ~~~:
~~ y; mO. iRjIlry is rereseen at lIlaI: tiRlC) and, if;; ~~ ~ ~;,;,
. A Ratice IS gIVeR, the CIty sh;J1I gIve the employee aA opporturuty to
rdum to work.
::. ~ ~ ~.will r<:Iilin all,:"":':"oo .beAefils. An em~ ~!~_
== ~ ~~~ BA!! R'lLA lea"" (..amtieA. ~ ~ ~ ~
;;-~Ie ~,;;;~ a at eIltilIoo Ie oW(. rigfll:, Benefit or ~ ~ ~ olIlcr
.. Ich they would t:\;::r/C been entitled h;)d they not @ken the lrove.
::' '; ::=: "" _pk>yee wilD"" Ie..", was I>a~~n ~ e=~
:; = a~~ requl.... to provide, in ",riling. ~~_~
a the employee's health care provider that the
employee is able to return to \\'ork.
Page 4
XII. - LEGAL
ITEM E.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final FOml Must be Turned Requested City Commission Date Final FOml Must be Turned
Meetine Dates in to City Clerk's Office Meeting Dates in to City Clerk' s Office
D December 16, 2008 December 1.2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) ~ March I 7, 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
D Announcem ents/Presen tati ons 0 City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing ~ Motion for Reconsideration
RECOMMENDATION: Not applicable
EXPLANA TlON: At the March 3, 2009 City Commission meeting the City Commission approved, as part of the
Consent Agenda, a budget amendment for the appropriation of $540,000 to the Capital
Improvement Projects Fund for the fiscal year 2008 - 09. The Mayor has requested that this item
be returned to the agenda for reconsideration.
The original agenda item is attached in full and addresses, recommendation, program impact,
fiscal impact and alternatives
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TlVES:
-~ -i. ~ i V~,-"'~
~
r _'-;""-
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
City Attorney
Department Name City Attorney I Finance
S\BULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\
Requested City Commission Date Final Form Must be Turned I!J Requested Clly CommisSIon Date Fmal Form t-.1ust be TUined III
Mcettn2 Dales to City Clerk's Office Meeting Dates [n C11\ Clerk's Office
o December \6.2008 December 1. 2008 (:';oon I o Februal) ] 7. 2110Ci Fcbruar. 2 20091 :';c'on
o Janual)' 6. 2009 December 15,2008 (Noon I ~ March 3 200CJ Februar:, :- 20fl91'J(10:1,
o Janual)' 20, 2009 January 5. 2009 (Noonl o March 17.2009 March 2 21]1]'IiNoon)
o February 3, 2009 January 19, 2009 (Noon) o April 7,200'1 March 16.2009 (Noon 1
0 Anno uncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Approve a budget amendment, via resolution, to the FY20008/09 CIP for the development
of Nautica/Meadows Park utilizing Park Impact Fee funding (Fund 141) in the amount of $540,000.
EXPLANATION: At the August 19, 2008 Commission meeting the City Commission approved funding for the
development of Nautica/Meadows Park. This project was initially budgeted in the FY 2007/08 CIP the amount of
$60,000 for the preparation of design/construction documents. The amount was carried forward into the FY2008/09
CIP. Funding for the project construction ($540,000) was allocated in the FY 2012/13 CIP. At the August meeting
the Commission approved accelerating the project development to FY 2008/09. Additionally, the Commission
approved the use of Park Impact Fee funds for the construction of this project. The total capital budget for the park
development will be $600,000.
PROGRAM IMPACT: Staff estimates maintenance of the park to require 22.5 personnel hours per week. Our
existing maintenance staffing levels are not enough to maintain this additional acreage. Based on quotes received
from Vila and & Son Landscaping, Inc. and Superior Landscaping, Inc. for similar park areas, contract maintenance
could fall anywhere between $21,000 and $51,000 per year depending on park design. Funding will need to be
allocated in the FY 2009/10 operating budget.
FISCAL IMP ACT: The budget amendment provides for the appropriation of the $540,000 into the Capital
Improvement Fund for FY 2008/09.
AL TERNA TIVES: Not approve the amendment. This would eliminate available funding for the park development
)
! I
J/ ~.
. v . ,~~ r J'luk..,.... ::7 d
- ~c .~.-1-L.__ . ~7/~'~----' t .:;"...-<- A-.G' L~ "'i-. / )~v-'--
~ . Department Head's Signature City Manager's Signature
fj. IV
., ~/J
AssJ~nt to CIty Manager____ ~~__
-~
.~-
Department Name City Attorney. Finance
S ,!3l:LLETIN\FORMS'ALJENDA ITEM REQUEST FOR\1DUC
I RESOLUTION 09-
2 I
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING THE FINAL BUDGET FOR THE
5 FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND
6 ENDING SEPTEMBER 30,2009 BY INCREASING THE
7 CIP FUND APPROPRIA TION TO $13,538,470.00
8 REPRESENTING AN INCREASE OF $540,000.00 TO
9 THE CIP FUND FOR THE NAUTICAlMEADOWS PARK;
10 PROVIDING FOR SEVERABILITY, CONFLICTS, AND
11 AN EFFECTIVE DATE.
12
13 WHEREAS, a final budget was approved by the City Commission on September 18,
14 2008, for the 2008/09 fiscal year; and
15 WHEREAS, in August, 2008, the City Commission approved funding for the
]6 development of NauticalMeadows Park; and
17 WHEREAS, funding for the project was originally allocated in the fiscal year
18 2012/2013 CIP but the City Commission approved accelerating the project to fiscal year
19 2008/2009 and approved the use of Park Impact Fee funds for the construction of this
20 project.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof
25 Section 2. That the final budget of the City of Boynton Beach, Florida, for the
26 fiscal year beginning October 1,2008, and ending September 30,2009, is hereby amended
27 by $540,000.00 to the Capital Improvement Fund for the NauticalMeadows Park Project.
28 Section 3. All delinquent taxes collected during the ensuing fiscal year as
29 proceeds from levies of operation millages of prior years are hereby specifically appropriated
30 for the use of the General Fund.
31 Section 4. If any clause, section or other part of this Resolution shall be held by
32 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
33 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
s. \CA \RESO\Budget\2008-09 BudgetFinal Budget Amendment Nautica- Meadows Park Impact Fee- Art doc
]
i
i
I remaining portions of this ResolutIon.
2 Section 5. If any clause, section or other part of this Resolution shall be held h\
-' any court of competent jurisdiction to be unconstitutional or invalid. such unconstituIlOnal
4 or invalid part shall be considered as eliminated and shall in no v.a) affect the \'alidit\ i, It' tl1(:
5 remaining portions of this Resolution.
6 Section 6. All Resolution or parts of Resolution in connict herewith are hereh\
7 repealed to the extent of such conflict.
8 PASSED AND ADOPTED this day of March, 2009
-",._-
9 CITY OF BOYNTON BEACH. FLORID,A.
] 0
1 ] ----
~-~~-- ~-----
]2 Mayor - Jerry Taylor
] 3
]4
~-~-~~-~--'-'-
] 5 Vice Mayor ~ Jose Rodriguez
]6
] 7
] 8 Commissioner - Ronald Weiland
19
20
2] Commissioner - Woodrow 1.. Hay
.,.,
23
--- ---------
24 Commissioner ~ Marlene Ross
25 ATTEST:
26
27
28 Janet M, Prainito, CMe
29 City Clerk
30
31
32 (Corporate Seal)
I
I I
I
I
I
I S CA ,RESO\Budget2008-09 Budgetlhnal Budget Amendment Nautlca- Meadl"" Park lrnract hc- .\rt.d",
I -,
.-
II
Ii
/1