Agenda 04-07-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
APRIL 7, 2009
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTRI T I
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 PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
REVISED AGENDA
April 7, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Nancy Norman, Unity of Delray Beach
C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez
Selection of Vice Mayor per Section 2-1.2 of City Code
Administration of Oath of Office to Vice Mayor
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, April 17, 2009 -- FREE concert at Oceanfront Park located at 6415
N. Ocean Blvd. featuring music by WildFire 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. Fair Housing Month - April 2009
b. Water Conservation Month - April 2009
c. MDA Firefighters Appreciation Month -- April 2009
1
Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 2009
d.
Library Appreciation Month - April 2009
National Library Week - April 12-18, 2009
2. Presentations
a. Presentation of certificates to the State Champion Lake Worth
Christian School Girls' Basketball Team
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
IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2)
IV Ross Cemetery Board Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (2)
IV Ross Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
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 17, 2008
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Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve a piggy-back of Palm Beach County's Bid #08-051/MM to REP
Services, Inc. of Longwood, FL acting as the manufacturer's
representative for DuMor Site Furnishings located in Mifflingtown, PA, to
purchase park furniture for Intracoastal Park in the amount of $95,001.
2. Approve a contract award to TDI INTERNATIONAL, INC., d/b/a TDI
GOLF of Stuart, FL, Bid #035-291O-09/0D "Championship and Practice
Putting Greens Resurfacing Project at the Links at Boynton Beach" in the
amount of $180,646.61 plus a 10% contingency of $18,064.66 for a total
expenditure of $198,711.27. (Proposed Resolution No. R09-OSS)
3. Award the Bid #040-1412-09/JA for the "ANNUAL CONTRACT FOR
MEDICAL AND DRUG SUPPLIES" to various vendors with an estimated
expenditure of $155,000.
C. Resolutions
1. Proposed Resolution No. R09-0S6 RE: Approving the
recommendation of the Cemetery Board regarding the sale of urn vaults
for Boynton Beach Memorial Park and vases for niches and crypts at
Boynton Beach Mausoleum.
2. Proposed Resolution No. R09-0S7 RE: Approving a
consultant agreement with The Waters Pelton Organization, Inc. of West
Palm Beach, FL for "THE FORMATION OF A 501(C)(3) NOT-FOR-PROFIT
ORGANIZATION AND RELATED SERVICES FOR THE CITY OF BOYNTON
BEACH" RFP #021-121O-09/0D in the amount of $72,250.
3. Proposed Resolution No. R09-0SS RE: Approving the
assessment of costs of nuisance abatement on properties within the City
of Boynton Beach.
4. Proposed Resolution No. R09-S9 RE: Approving the
adoption of the use of CRALLS funds in the amount of $100,000 as a
subsidy for the Community Redevelopment Agency project known as
Ocean Breeze. This is an amendment to Resolution R07-080.
D. Accept a financial summary of the 2009 Heritage Celebration that was held on
Saturday, February 21, 2009 in the Heart of Boynton on MLK Blvd.
3
Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 2009
E. Approve the use of $2,000 from Commissioner Ross's Community Investment
Funds and $2,000 from Commissioner Hay's Community Investment Funds to
assist the Heart of Boynton Community Association with costs incurred for the
Heritage Awareness Celebration, which was held Saturday, February 21, 2009.
F. Accept the monthly status report on all Recreation & Parks CIP projects.
G. Approve the purchase of two Ford Focus automobiles at the price of $14,108
each for use by the Department's Citizens On Patrol Program (COP) with the
funds coming from the Police Department's Law Enforcement Trust Fund.
H. Approve donation to the Boy Scouts of America, Gulf Stream Council in the
amount of $5,000 from the Police Department's Law Enforcement Trust Fund.
1. Authorize the use of $1,000 from Mayor Taylor's Community Investment Funds
to assist Bethesda Memorial Hospital in celebrating Bethesda Healthcare System
Nurses Week May 3 - 9, 2009.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Approve the amendment of section 26-9 of the City's Code governing rates for
potable water and wastewater charges, which will implement a revised rate
structure commencing May 1, 2009. (1st Reading Proposed Ordinance No.
09-019)
IX. CITY MANAGER'S REPORT:
A. Analysis of Revenues and Expenditures for General and Utility Fund - Five
Months Ending February 28, 2009; 42% of the fiscal year.
B. Potential use of the old bait shop building at Boat Club Park.
C. Accept the "Ocean Avenue Interstate 95 Project Alternate Access Route Study"
report as prepared by the consultant, Stanley Consultants, Inc. (Tabled on
March 17, 2009)
4
Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 2009
D. Authorize the adoption of policy and procedures to implement the City's
Community Development Block Grant Neighborhood Stabilization Program (NSP).
(Proposed Resolution R09-060)
E. Continued Preliminary Budget Discussion - Action Items.
F. Review of RFP for City Hall - Police Facility
G. Approve piggyback of the Boynton Beach Community Redevelopment Agency
agreements for the design and professional services with Kimley-Horn and
Associates,Inc. and the general contracting/construction management/consulting
agreement with Burkhardt Construction Inc. for the Sea crest Boulevard Federal
Stimulus Funding Project.
H. Authorize City Manager to sign tax credit application on behalf of Auburn Group
for development of Boynton Bay Tower I Proposal for construction of 110 units
of age restricted apartments. (Proposed Resolution No. R09-061)
X. FUTURE AGENDA ITEMS:
A. Award bid for Southeast 4th Street Water Main, Storm Water and Roadway
Improvement Project - April 21, 2009
B. Adopting the National Incident Management System (NIMS) for Homeland
Security Presidential Directive HSPD-5 to provide for domestic incident
management. - April 21, 2009
C. Proposed Code amendments relating to reclaimed water - April 21, 2009
D. Discussion regarding Energy Efficiency and Conservation Block Grant - April 21,
2009
E. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
F. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions)
XI. NEW BUSINESS:
None
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Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 2009
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-018 RE: Approving the
amendments to the City of Boynton Beach's Personnel Policy Manual
(PPM), Section IV. Benefits, 07. Family and Medical Leave Act (FMLA)
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-020 RE: Approving the
amendment to the Code of Ordinances, Section 16-82, increasing annual
resident beach parking permits from $30 to $40, improving administrative
clarity and eliminating unnecessary language.
2. Proposed Ordinance No. 09-021 RE: Approving the
amendment to the Investment Policy for the Boynton Beach Police
Officers' Pension Fund.
D. Resolutions:
None
E. Other:
1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code
Enforcement Liens totaling, $279,619.74 as of April 7, 2009, held by the
City on real property owned by Ralph & Rosie, Inc. located at 2007 South
Federal Highway.
2. Reconsideration of a method of procuring automated "red light cameras"
for traffic enforcement purposes at selected intersections, requested by
Commissioner Ross.
3. Award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK, LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FL", RFQ #015-271O-09/JA TO B & J
CATERING INC. OF DELRAY BEACH, FL. Lease payments provided to the
City of Boynton Beach in the amount of $500 per month. (Proposed
Resolution No. R09-031) - Review of Bid Protest filed by Ultimate
Catering LLC
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Revised Agenda
Regular City Commission
Boynton Beach, FL
April 7, 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 AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACfIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
7
lII.-ANNOUNCEMENTS & PRESENTATIONS
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) 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) o March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) ~ April 7, 2009 March 16,2009 (Noon) (,~
CJ C')"""'
\.0 :::Jl7.<
~ AnnouncementslPresentations 0 City Manager's Report ::I: -<0
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::0
NATURE OF 0 Administrative 0 New Business N r-~
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AGENDA ITEM 0 0 c....> :;JQ.~
Consent Agenda Legal ;"":z;
0 0 > <:Ji~
Code Compliance & Legal Settlements Unfmished Business ::J: <::)
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0 Public Hearing 0 -
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RECOMMENDATION: Announce the upcoming Oceanfront Concert.
EXPLANATION: On Friday, April!7, 2009, the Boynton Beach CRA, the City of Boynton Beach and
The Palm Beach Post will present an Oceanfront Concert, featuring the music of WildFire presenting a
selection of calypso, reggae and island music. 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 shuttle from the Bank of America on the comer of US 1 and East Ocean Avenue. The
shuttle runs from 5:30 PM - 9:30 PM.
PROGRAM IMPACT:
FISCAL IMP ACT:
AL TERNA TIVES:
~
City Manager's Signature
teA ~ Assistant to City Manager Cmt--
Department Name City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.a
. CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'1
Requested City Commission Date Final Form 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
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)
o January 20, 2009 January 5,2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
0 February 3,2009 January 19.2009 (Noon) ~ April 7,2009 March 16, 2009 (Noon)
[gJ AnnouncementslPresentation s 0 City Manager's Report
NA TURE 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: Present Proclamation
EXPLANA TlON: Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil
Rights Law, the struggle against discrimination in housing continues in some areas. The anniversary of the enactment of Title
VIII during the month of April is an occasion for Americans to rededicate themselves to the principle of freedom of choice
and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur.
PROGRAM IMPACT: This Proclamation will help raise public awareness of Title VIII, which ensures Equal Opportunity
for all Americans.
FISCAL IMPACT: None
AL TERNA TlVES: Not present Proclamation
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Departm Hea SIgnature City Manager's Signature \,
Assistant to City Manager W---
Public Affairs
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
j
I A
I
I
The strength of our nation, and all of its states, flows from the promise of individual
equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all
Americans under Title VIII of the 1968 Civil Rights Law, the struggle against
discrimination in housing continues.
The anniversary of the enactment of Title VIII during the month of April is an occasion
for Americans, individually and collectively, to rededicate themselves to the principle of
freedom of choice and to participate in efforts to eliminate vestiges of housing
discrimination wherever they occur. Since fair housing is consistent with the principle of
quality and justice for all, we all need to share in the fight to ensure fair housing is a
reality for all residents.
Fair housing is the policy of the City of Boynton Beach, and implementation of that policy
requires positive commitment, involvement and support of all our citizens. The City will
continue to provide the necessary leadership to make fair housing not just an idea but an
ideal for all our residents through our continued partnership with the Fair Housing Center
of the Greater Palm Beaches.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim April 2009 as:
Fair Housing Month
and urge all citizens to join the efforts to reaffirm fair housing opportunities for all
people.
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 7th day of April,
Two Thousand Nine.
_.___ m ___._
Jerry Taylor, Mayor
City of Boynton Beach
I ATTEST:
I
I
City Clerk
(Corporate Seal)
I
I
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December] S, 2008 (Noon) o March 3, 2009 February 17. 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) [8J April 7,2009 March 16, 2009 (Noon)
[8J Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Present Proclamation
EXPLANA nON: The South Florida Water Management District has requested this Proclamation in observance of Water
Conservation Month. Because the state typically suffers from drought-like conditions during the Spring of the year, the month
of April was set aside to educate citizens about how they can help save Florida's precious water resources.
PROGRAM IMPACT: This Proclamation will help raise public awareness of the importance of conserving Florida's water
resources.
FISCAL IMPACT: None
AL TERNA nVES: Not present Proclamation
tr J,,-"-' ~ -<k ~ ~n_
\.
Depart Hea~ignature City Manager's Signature
Assistant to City Manager ~
Public Affairs
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
PROCLAMA TJOi\
WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and
visitors from around the world: and
WHEREAS, clean and sustainable water resources are vital to Florida's environment. econO!ll\ and
quality of life; and
WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers. and
our quality of life and the economy depend upon a clean and healthy environment: and
WHEREAS, Floridians consume more than 7.9 billion gallons per day offresh water, and the future of
Florida depends greatly upon the availability of water: and
WHEREAS, South Florida residents consume 179 gallons per person, per day -- the highest water
usage in the State; and
WHEREAS, The State of Florida, together with local partners are investing billions of dollars to
develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs,
upgrade drinking water facilities and improve wastewater treatment: and
WHEREAS, water conservation can cost as little as 6 cents to 72 cents per ] ,000 gallons of water
saved, while the cost of constructing alternative water supply facilities can range from $5 to 'P per
1,000 gallons of water created: and
WHEREAS, all water users including commercial, industrial, agriculturaL institutional, hospitality.
private citizens and others can make positive contributions to reduce water use and protect Florida' s
water resources;
WHEREAS, the South Florida Water Management District, is implementing a comprehensive Water
Conservation Program to instill a lasting culture of conservation in our communities: and
WHEREAS, the governor and Cabinet of the State of Florida are designating April as Florida's Water
Conservation Month to encourage Floridians to conserve the State's precious water resources:
Now, therefore, 1, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, hereby proclaim April 2009 as:
Water Conservation Month
in Boynton Beach and urge all citizens to help protect our precious resource by practicing water saving
measures and becoming more aware of the need to save water.
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 7th day of ApriL 1\\'0 thousand and nine.
.._---~-~-
Jerry Taylor, Mayor
II City of Boynton Beach
II Attest
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS & PRESENTAnONS
Item C.I.e
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
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)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2, 2009 (Noon)
o February 3,2009 January 19,2009 (Noon) 1ZI April 7,2009 March 16,2009 (Noon)
ll'l'f
0 Q'~
\D ~~
1ZI Ann ouncements/Presentati ons 0 City Manager's Report ::J: -<'e.
0 0 :t:- o"'"
NATURE OF Administrative New Business ;:0
AGENDA ITEM 0 - ~!I
0 Consent Agenda Legal N :;'l).....(
0 Code Compliance & Legal Settlements 0 Unfinished Business " ~lZ
cn~
0 0 ::J: 4
Public Hearing N
..
c.n
.:;-
RECOMMENDATION: Present Proclamation
EXPLANA TION: The Muscular Dystrophy Association has requested a Proclamation in appreciation for the work of the
Boynton Beach Fire Rescue Department, which each year fundraises for MDA through their "Fill a Boot" campaign. Last
year, $40,000 was raised in Boynton Beach alone. This year's campaign will begin in Mid-April. Brandy Miller, from the
Muscular Dystrophy Association, will represent the organization. This is a Proclamation that the City has presented annually.
PROGRAM IMPACT: Will help raise public awareness of the invaluable work performed by the Boynton Beach Fire
Rescue Department on behalf of the Muscular Dystrophy Association.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
tJ~"'1:;h/!k.~~!e ~
City Manager's Signature
Assistant to City Manager ChvL/
Public Affairs
Department Name City Attorney ,I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
:J>wdanudUut
WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy
Association, Boynton Beach firefighters contribute greatly to the well-being of all citizens; and
WHEREAS, for the past 55 years, firefighters throughout Florida and across the Nation have been a
partner with the Muscular Dystrophy Association in the fight against neuromuscular diseases; and
WHEREAS, firefighters statewide and nationally collected more than $25 million dollars in 2007 to
support MDA's life saving research, leading to the discovery of the first definitive treatment of any of the
genetic disorders in the MDA program, that of Pompe's Disease; and
WHEREAS, in 2008, Boynton Beach firefighters raised more than $40,000 with their "Fill the Boot" drive
for MDA; and
WHEREAS, the funds collected by Boynton Beach firefighters assist MDA in providing medical services
at the MDA Jupiter Medical Center Clinic, summer camp, research grants, and public education seminars
at no cost to Palm Beach County's children and adults served by the Association; and
WHEREAS, it is appropriate for all citizens of Boynton Beach to join the Muscular Dystrophy Association
in this tribute to our heroes, the firefighters.
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 month of April 2009, as:
Boynton Beach Firefighter Appreciation Month
in the City of Boynton Beach and further commend Boynton Beach firefighters for their efforts on behalf of
the Muscular Dystrophy Association.
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 7th day of April, two thousand and nine,
I
I Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
II
I
City Clerk
(Corporate Seal)
I
II
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.d
ccr
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)
D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
181 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 Unfinished Business
D Public Hearing D
RECOMMENDATION: Request Mayor Taylor to proclaim the month of April as Library Appreciation
Month and April 12th to the 18th, 2009, as National Library Week.
EXPLANATION:
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNA TlVES:
Q ~ > ~ . 0 <~-iL0-.....,
Department Head's Signatlfre
City Manager's Signature
Assistant to City Manager
Boynton Beach City Library
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CProc[amation
WHEREAS, our nation's public, academic, school and specialized libraries provide
something for everyone;
WHEREAS, libraries playa vital role in providing millions of people with the resources they
need to live, learn and work in the 21st century;
WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search
engine, helping people of all ages find the information they need in print and online;
WHEREAS, libraries are part of the American Dream - places for opportunity, education,
self-help and lifelong learning;
WHEREAS, libraries bring you a world of knowledge both in person and online, as well as
personal service and assistance in finding what you need, when you need it;
WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity
of access, and narrowing the "digital divide;"
WHEREAS, more individuals must be recruited to the profession of librarianship and to work
in libraries to maintain their vitality in today's changing workplace;
WHEREAS, awareness and support must be increased for libraries, librarians and library
workers by raising their visibility in a positive context and by communicating clearly and
strongly why libraries are both unique and valuable
WHEREAS, library users and non-users alike are encouraged to stand up and speak out for
libraries and to support library funding efforts;
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim
the month of April to be
Library Appreciation Month and
April 12th to 18th, 2009, as National Library Week
and encourage all residents to take advantage of the wonderful library resources available
and thank their librarians and library workers for making information accessible to all who
walk through the library's doors. Come see why there's something for everyone at your
library.
IN WITNESS WHEREOF, J have hereunto set my hand and caused the official seal of the
City of Boynton Beach, Florida to be affixed to this proclamation on the th day of April, Two
Thousand Nine.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
lII.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.2.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
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)
o January 20, 2009 January 5, 2009 (Noon) o March ]7,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) rgJ April 7,2009 March 16, 2009 (Noon) sa,
0 @--
\D ~
...,...,
::J: ' ~' .
rgJ Announcements/Presentations 0 City Manager's Report ::s::- a""
:::0
NATURE OF 0 Administrative 0 New Business - ~;:
N ;:G.. ..
~-<
AGENDA ITEM 0 Consent Agenda 0 Legal z:
-0 u?-'il
0 Code Compliance & Legal Settlements 0 Unfinished Business :::It Q
0 0 N Ii
Public Hearing ....
c..n
.-
RECOMMENDATION: Present certificates
EXPLANA TION: With a recent 61-52 victory against Tallahassee-F AMU , the Lake Worth Christian School Girls'
Basketball Team became the first team in the school's 50-year existence to win a state championship. Because the school is
located within the City's Corporate Limits, it is important to show support for the team and to recognize the girls'
achievement. Team members and their coaches will be on hand to receive the certificates.
PROGRAM IMPACT: Recognition of this achievement will help raise public awareness of the importance of athletics,
sportsmanship and teamwork in helping to positively impact and build a child's character.
FISCAL IMPACT: None
AL TERNA TIVES: Not present certificates
&r' ~<t-e k 0 ~
Departm ead's tgnature City Manager's Signature
Assistant to City Manager ('.At'k(~
Public Affairs
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 04/07/09
Last Name First Name 1 sf Choice 20a Choice 3ra Choice
Anton Steve Arts Com
Gresh Thomas Recreation &
Parks Bd.
Tengbergen Sherie Arts Com
1
VI.-CONSENT AGENDA
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
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)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2,2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) t8I April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM t8I Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unftnished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a Piggy-Back of Palm Beach County's Bid#08-051/MM to REP
Services, Inc. of Longwood, FL acting as the manufacturer's representative for DuMor Site Furnishings located in
Mifflingtown, P A to purchase park furniture for Intracoastal Park in the amount of: $95,001.00. Palm Beach County
complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach's requirements.
EXPLANA nON: The park furniture includes benches, trash receptacles and picnic tables to replace existing furniture at
Intracoastal Park. The existing park furniture was installed when the park was constructed in 2002. The type of equipment, plastic
coated steel, has not withstood the saltwater elements of the park. Several benches have been removed because of the structural
failure of the supports. The legs and supports on the tables are also rusting through. The trash receptacle lids and bottoms have
corroded. The plastic coating on the furniture is peeling from corrosion occurring inside the coating. Replacement will include (9)
benches, (26) receptacles with dome lids, (14) standard picnic tables and (4) wheelchair accessible picnic tables.
PROGRAM IMP ACT: The Intracoastal Park and Clubhouse is a premier facility in Boynton Beach and is heavily
used, especially on the weekends when the (4) picnic pavilions are often rented out. In Fiscal Year 2007-2008, the
Department had (174) pavilion reservations for a total revenue of $17,375.00. The DuMor furniture, which is a
powder coated metal, has a (2) year warranty against structural failure of all steel bench frames, steel bench
assemblies, table frames, litter receptacle frames, and all cast iron bench supports.
FISCAL IMP ACT: The cost of the replacement furnishings are budgeted in the FY 08/09 CIP hudget.
Account #: Exoenditure:
302-4299-580-64-02 CP0631 $95,001.00
lace 1~~rurnUbingS aud eontinue 10 remove ~
Ignature City Manager's Signature
Recreation & Parks
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
r4~ REP SERVICES INC Page 1 of2
I~ =. ' . Please make POs and contracts out to: Please mail checks to:
.~ r~ Experts at Play &- Outdoor Spaces Rep Services, Inc. Rep Services, Inc.
902 Waterway Place 902 Waterway Place
Longwood, FL 32750--3573 Longwood. FL 32750--3573
. (oposed City of Boynton Beach 1 Ship To: Intercoastal Waterway Park Bill To: City of Boynton Beach
To: Parks Administration I 2240 N Federal Hwy Financial Services Department
100 E. Boynton Beach Blvd. I Boynton Beach, FL 33425 100 East E Boynton Blvd
Boynton Beach. FL 33425 j Boynton Beach. FL 33425-0301
I
I Attn: Accounts Payable
Attn: Jody Rivers , Attn: Jody Rivers Phone:
Phone: 561-742-6000 I Phone: 561-742-6000 I Fax:
Fax: 561-742-6233 I Fax: 561-742-6233 ~nns: Net 30 With Credit Approval
Project No: 4737 Project Name: Boynton Beach-Intercoastal Waterwa Project Contact: Jody Rivers
Proposal No: 4737.03 Proposal Name: Intercoastal Waterway Park Project Location: 2240 N Federal Hwy
Proposal Expires: 3/22/2009 Boynton Beach, FL 33425
Proposal Date: 2/20/2009
For Questions Call: Tricia Thomas Phone: 407-831-9658
Sales Rep: Kevin Furman Phone: 561-333-4451
E-Mail: kfurman@repservices.com Option: A Rev: 1 Input By: TT - 2/20/2009
,.--..-.--.. -- -----..----,
: Vendor: Du Mor Proj Drawings: I
l--- 5198~_ F...... Prepaid Ship M"'od, ~w., FOB,o..II","oo i
Part No Qty Description Unit Wt Unit Price Ext Price
....~-----~_.._^._---------_.".- -~..,"----,_._--_.._--_._----------^
t{) Benches 160-40 9 Modified160-60,6'CasIBencht0160-404'CasIBench,STLSeat. 225 811.00 7,299.00
\ 'Z.. Qil\8 Rllllks PT 26 DOME COVER, SELF CLOSING DOOR 19 128.00 3,328.00
S Receptacles 84-32 26 32-GALLON ALL-STEEL RECEPTACLE 175 712.00 18,512.00
\0 Tables 63-165-6 14 6' Picnic Table 603 2,658.00 37,212.00
. . \ ~ 63-165-68-1 4 Wheelchair Accessible Steel Picnic Table 641 3.04000 12,160.00
'tal Product: 18.075 $78,511.00
Discount Applied: 2.64% ($2,074.00)
Discounted Product Total $76,437.00
Freight Charge. $4,431.00
Du Mor Total: $80,868.00
I Vendor: D.W. Recreation Services. Inc. 'I:
. 517951 .
I Part No Qty O:scriPtion Ext Price 1
Custom EQUIPINSTALL 1 Installation of Benches, Receptacles & Tables 14,133.00
D.W. Recreation Services, Inc. Total: $14,133.00
L!:roposal Summary __._...___.._______.__~____~. ___ ____.._____~
Product: $76,437.00
Installation: $14,133.00
Freight: $4,43100
Proposal Total: $95,001.00
-.--,.".- -.~-,._.-~'"-...-..--"_.--_.._-,._,. -_.._._-_...,..._-,-,_._.__.~.__.~.._.__. ___n__ .-..-.----.-..--..-------...,---'"--..--~.__.._~---...
Notes
Pricing per Palm Beach County Board of County Commissioners Term Contract #08051 DuMor "Equipment Only" orders receive a 4% discount. No (0%) discount
on orders requesting installation. Installation is priced al 28% of equipment List Price.
COLOR SELECTION FOR BENCHES, TABLES, RECEPTACLES: ARGENTO
"+FREIGHT COST INCLUDES A LIFT GATE+++
.' ~~~ 902 Waterway Place' Longwood, FL 32750-3573
ThiS proposal IS presented by ;r-I~ REP SERVICES, INC. 407.831.9658 (P). 4078345366 (F)' 800.992.5357
.!rIi Experts at Play &- Outdoor Spaces www.repservices.com.sales@repservices.com
Proposal No: 473703 Project Name: Boynton Beach-Intercoastal Waterway Park Proposal Date: 2/20/2009 ;'aqe 2 ,')!"
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE AND ARE AFFECTING FREIGHT COSTS BE SURE TO PLACE' v'f)UR
ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS PROPOSAL
ORDERS PLACED BASED ON THiS PROPOSAL ARE SUBJECT TO SHIP WITHIN MANUFACTURER'S 8T ANDARD LEAD TIME REQUESTS ITi"
EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS SUCH AS FREIGHT INCREASES, RAW MATERIAL C')ST INCREASES ET'
Support Option Portable
Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER pnor to IIlstallatlon
- ALL Site work completed - excavation. removal and grading to proper level prior to Installer arrrval
- Site security to prevent theft or vandalism of equipment
- Water and 110 Electric
- Underground Utilities Located and Marked prior to installation.
- Trash Dumpster to accommodate construction waste
- ReqUired Permitting, if applicable
-THIS PROPOSAL DOES NOT INCLUDE THE PERMIT FEES ASSESSED BY THE BUILDING DEPARTMENT THOSE FEES MAY RESUL TIN
ADDITIONAL CHARGES
Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area. above or below the surface.
If unforeseen conditions arise, the installation charges will change to reflect additional costs associated with dealing with those unforeseen circumstances.
Examples of this include. bul are not limited 10. site not ready upon installer's arrival, difficulties with underground utilities. or difficulties with post footers due to coral
rock or ground water in the holes
To order, please sign below and return to Rep Services Inc at the address or fax number noted below Thank You.
Name Date
This proposal is presented by !'J~ REP SERVICES, INC. 902 Waterway Place Longwood. FL 32750-3573
4078319658 (Pi 407 834.5366 (F) 800 992 5357
~I~ Experts at Play & Outdoor Spaces www repservices com sales@repservices com
.~~):: \\',~~f'r\\,,~ r'~",~(....,
: "'ln~'"", nn,-: Fi .: L' ~ ~ (I " ~',
PH :iC-r S')l q'f"-J-,":
F ',. .4 n '7 ;O:,'';.~ - , :~ b ':!
"lIt' ; I,d' J ~~p~\~fV\[ ~:>.),( u:r
\,,0.;...... n'~pSel'il'_e> c(Jn~
TRANSMITT AL
~...,--_.._-",- . ." ~,--,-~----'-_."----- __._..________. ___-._-_.. --- - -
To: MaryAl1n McGee From, Bd' Geary
- ._______________ - _n ,.._ n._'_________._
Co: Palm Beach Counly PurChasing Depanl11ent Co: Rep Services IrlC
SO South Military Trail SUI\e 110 802 Waterway Place
West Palm Beach FL 334 t5-3199 Longwood Fl. 327S0-357:)
...------...-. . - - ---,----_._---~_...-..
Date' March 31 2008 Pages. Completed as reqUlled
...-..- .._.--._.~ "'-",---- '-'~_n___.__'_.' _ . ---..-o.-----.-----o..----.-.
Re: BID #08-051/MM PLAYGROUND/PARK EQUIPMENT AND PARTS TERM CONTRACT
.. .-- ._._--~,_. ~..o._"--- ^.._~---...-._--_._---------_._.__.
Dear Ms McGee
We are pleased to enclose one original and two copies of the above bid contract. completed and
signed Included are Rep Services, Inc.'s list of certified installers, references, responsive certtflcate
of Insurance, certification of State of Florida competency, and Seminole County occupational license
Also included are three sets of all applicable manufactures' authorized dealer letters, catalogs. and
price lists, all current until further written notice.
Landscape Structures, Inc, authOrized dealer letter includes four (4) product lines. each represented
by a distinct catalog and prtce list.
DuMor. Inc 's pricing is incorporated within their catalog Accompanying this catalog. and In
accordance with the previous term contract. is the DuMor, Inc. list of Custom Products, specifically
designed for Palm Beach County Parks. and associate pricing
Kevin Furman is our representative for Palm Beach County. He is available at (561) 333-4451 and
kfurman(5:]repservlces com. We look forward to continuing to prOVide quality products for play and
recreation areas throughout Palm Beach County.
If you should have any questrons. please do not hesitate to contact Kevin or myself
Sincerely
r----~~ _. /"---'
--;:-. -,
\ '.....~ !, '\ J / ,_ --,
, ' , ~ (.-----, ,^ _.-
--~. - \~'-i ~.J'.-" ~. r-
Bill Geary \ " \.
Vice PreSident
Site Amen!ties · Playground E.qUlpment · Safety Surfacing · Shade ri.,. Shelters
Board of County Commissioners ..ounty Administrator
4.ddle L Greene, Cha,rpwsor; R8~er" v\' elSri:':"-n
Jeff Koons. Vice Clla Ir
Karen T. Marcus
RODer! J KanJlar
Mary McCarty Purchasing Department
Burt Aaronson
Jess R. Santamacl3 'NWVv ;::JDcqc', ~.CJmi Dur
C;:-;:c-.7'C
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
BID OPENING DATE: April 3,2008 AT 2:00 P.M.
It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are
advised to closely examine this package. Any questions regarding the completeness of this package
should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800
It is requested that all bids be submitted in triplicate. one original and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,
SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY
OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-
4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a
list of additional advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also
provides updates on posted award recommendations. This same information, to include posted award
information, is available on our web site www.pbcgov.com/pur.
Protests can be accepted only during the five (5) business day posting period.
CAUTION I
Amendments to this Invitation for Bid will be automatically sent only to those vendors
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid ~
I,
package not purchased directly from Palm Beach County Purchasing Department. ii
-d
In accordance with the provisions of ADA,
this document may be requested in an alternate format.
50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199
(561) 616-6800 FAX: (561) 616-6811
Page 2
BOARD OF COUNTY COMMISSIONERS
Palm Beach County
INVITATION FOR BID
BID NO: 08-051/MM BID TITLE: PLAYGROUND/PARK EQUIPMENT AND PARTS, TERM CONTRACT
PURCHASING DEPARTMENT CONTACT: MaryAnn McGee, Senior Buyer TELEPHONE NO.: 561 616-6835
FAX NO. 561-242-6735 EMAIL ADDRESS: mmcgee@co.palm-beach.fl.us
All bid responses must be received on or before April 3, 2008 , prior to 2:00 p.m.. Palm Beach County local time,
at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing
Department, 50 South Military T rail, Suite 110, West Palm Beach, Florida 33415-3199.
This Invitation for Bid. General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments. Amendments (if
issued). and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part
thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The
selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitUte a binding contract.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
1. GENERAL INFORMATION
b. DISCRIMINATION PROHIBITED: Palm Beach County is committed
Bidders are advised that this package constitutes the complete set of to assuring equal opportunity in the award of contracts and complies
specifications. terms, and conditions which forms the binding contract with all laws prohibiting discrimination. The successful bidder is
between Palm Beach County and the successful biclder. Changes to this prohibited from discriminating against any employee, applicant, or
invitation lor bid may be made m by written amendment issued by the client because of race, color, religion, disability, sex, age, national
:lun!y Purchasing Department. Bidders are further advised to closely origin, ancestry, marital status, or sexual orientation.
.<amine every section of this document, to ensure that all sequentially
numbered pages are present, and to ensure that it is fully understood. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful
Questions or requests for explanations or interpretations of this document bidder Is, and shall be, in the performance of all work. services, and
must be submitted to the Purchasing Department contact in wrltlnc in activities under this Contract, an Independent Contrac:tor and not an
sufficient time to permit a written response and, If required. will be provided employee, agent. or servant of the COUNTY. All persons engaged in
to all prospective bidders, prior to bid opening. Oral explanations or any of the work or services performed pursuant to this Contract shall at
instructions given by any County agent are not binding and should not be all times, and In all places, be subject to the successful bidder's sole
interpreted as altering any proviSion of this document. Bidder certifies that direction, supervision, and control. The successful bidder shall
this bid is made without reliance on any oral representations made by the exercise control over the means and manner in which it and its
County. employees perform the work. and in all respects the successful
bidder's relationship, and the relationShip of Its employees, to the
The obligations of Palm Beach County under this award are subject to the COUNTY shall be that of an Independent Contractor and not as
availability of funds lawfully appropriated for its purpose. employees or agents of the COUNTY.
2. LEGAL REQUIREMENTS d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to
Ordinance 2003-030, the Palm Beach County Criminal History
a. COMPUANCE WITH LAWS AND CODES: Federal, State, County Records Check Ordinance rOrdinancej, the County shall conduct
and local laws. ordinances, rules and regulations that in any manner fingerprint based criminal history record checks on all persons not
affect the il8ms covered herein apply. Lack of knowledge by the employed by the County who repair, deliver, or provide goods or
bidder shall in no way be a cause for relief from responsibility. The services for, to. or on behalf of the County. A fingerprint based
successful bidder shalt strictly comply with Federal, Stale and local criminal history record cheek shall be conducted on all employees and
building and safety codes. Equipment shall meet all State and Federal subcontractors of vendors, including repair persons and delivery
Safety regulations. Bidder certifies that all products (materials, persons, who are unescorted when entering a facility determined to be
eQUipment, processes, or other items supplied in response to this bid) critical to the pubtic safety and security of the County. County facilities
contained in its bid meets all ANSI. NFPA and all other Federal and that require this heightened level of security are identified in ReSolution
State requirements. Bidder further certifies that. If it is the successlul R-2003-1274, as may be amended. The bidder is solely responsible
bidder, and the product delivered is subsequently found to be deficient for understanding the financial, schedule, and staffing implications of
in any of the aforementioned requirements in effect on date of delivery, this Ordinance. Further, the bidder acknowledges that its bid price
all costs necessary to bring the product into compliance shall be bome includes any and all direct or indIrect costs associated wi!.h compliance
by the bidder. of !.his Ordinance, except for the applicable FDLEfFBI fees that shalt
be paid by !.he County.
In compliance with Chapter 442, Florida Statutes. any toxic substance
resulting from this bid shall be a=mpanied by a property completed e. PUBUC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County
Material Safety Data Sheet (MSDS). to notify all bidders of the following: . A person or affillate who has been
placed on the convicted vendor list following a conviction tor a public
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall
prevail as the basis for contractual obligations between the successful entity crime may not submit a bid on " contract with a pUblic entity for
bidder and Paim Beach County for any terms and conditions nol the construction or repair of a public building or public wor\(, may nOl
submit bids on leases of real property to a public entity. may not be
specifically stated in the Invitation for Bid. awarded or perform wor\( as a contractor. supplier, subcontractor. or
consultant unaer c c:mtrac:t with Zlny pubhc entIty, and rn~y no!
tcans<Jct bUSlnc,ss Wlt~' 3"Y pi.JDile entity In excess of the threshold m. LEGAL EXPENSES Tne ~Jo~J'lt\ sr~oi ;1Q~ t.Jt :'oOH; ],=-
amount provlaee In ;:: S 2S" 017 for CA-:-EGORY TVVO for a period at any legal fees, coun costs, :If othe' legal e'~erses CJ'
35 months trClm the cale v being placec an the convlcled ven:Jor list. Interpretation or enforcerlent (J~ ttl!~, contr2~:t :-';; Trnr" 20-' "j'" "~,dr',
oenerated j\ CH rel8.tmg t:::: tn!~ c:or'r;-.:!'c'
f NON-COLLUSION Bidder cortifles that II has entered Into 110
agreement to commit a fraddulent, deceitful, unlawful. or wrongful act 3, BID SUBMISSION
or any act which may res~lt In unfair advantage tor one or lTlore
JIGDerS c,\'er )the, blCDe's Conviction for the Commission of an} a, SUBMISSION OF RESPONSES All bid responses must be,
frauD or ael 01 collusion In connection Wlttl any sale bid, c;uotatlon submitted on the provided Invitation for Bid "Response" Form
:lroposal or ott',er acl Incident to dOing bUSiness With Pal,,-, 8eacr, Bid responses on vendor letterhead/quotation forrns sr,a, -'
Counl, may result I~ permanent debarment accepted Responses must be typewritten or written In Ink ~, 1 '
must be signed In Ink by an agent of the company' haVing authOrity lC:
~o premiums, rebates or gratuities are permitted: either with. pnor to bind the company or firm, FAILURE TO SIGN THE BID RESPONSE
or after any' delivery of material or provision of servlce5, Any such FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR
violation may result In award cancellaUon. retum of materials. REJECTION OF THE BID. Bid responses are to be submittec to thE'
discontinuation of services, removal from the vendor bid IISI(s), and/or Palm Beach County Purchasing Department no later than the llm~
debarment or suspension from dOing business with Palm Beach indicated on the solicitation preamble, and must be submitted If) "
County sealed envelope or container. which should have the enclosed
address label affixed <lnd bearing the bId number
g. LOBBYING: Bidders are adVised that the "Palm Beach County
LobbYist Registration Ordinance" prohibits a bidder or anyone b. CERTIFICATIONS, LICENSES AND PERMITS' Unless ottlerwlse
represenUng the bidoer from communicating With any County directed In sub-paragraph d. (Local Preference ) or the SpeCIal
Commissione r. County Commissioner's staff, or any employee Conditions of thiS bid. bidder should Include with its bid a copy of all
authorized to act on behalf of the Commission to award a particular applicable Certificates of Competency issued by the State of Florica Or
contract regarding its bid. i.e , a .Cone of Silence" the Palm Beach County Construction Industry Licensing Board In the
name of the bidder shown on the bid response page. It shall alSO be
The "Cone of Silence" is in effect from the dateltime of the deadline for the responsibility of the successful bidder to submit, DrIor to
submission of the bid and terminates at the time that the Board of commencement of work, a current Occupational License for Palrr
County Commissioners, or a County Department authorized to act on Beach County and all permits required to complete this contractual
their behalf, awards or approves a contract. rejects all bids. or service at no additional cost to Palm Beach County. A Palm BeaCh
otherwise takes action which ends the so/icitaUon process, County Occupational license is required unless specifically exempte~
by law. In lieu of a Palm Beach County occupational license. the
Bidders may, however, contact any County Commissioner, County bidder should inciude the current occupational license Issued to the
Commissioner's staff, or any employee authorized to act on behalf of bidder in the response. It is the responsibility of the successful bidder
the Commission to award a partiCUlar contract. via written to ensure that all required certifications. licenses and permits are
communicaUon Le.. facsimile. e-mail or U.S. mail. maintained in force and current throughout the term of the contract.
Failure to meet this requirement shall be considered default 01
Violations of the "Cone of Silence" are punishable by a fine of $250.00 contract.
per violation.
c. SBE BID DOCUMENT LANGUAGE
h. CONFLICT OF INTEREST: All bidders shall disdose with their bid the
name of any officer, director, or agent who is also an employee or a Item 1 .. Policy
relative of an employee of Palm Beach County. Further, all bidders
shall disciose the name of any County employee or relative of a It is the policy of the Board of County Commissioners of Palm BeaCh
County employee who owns. directly or indirectly, an interest of ten County. Florida. that SBE(s) have the maximum practical opportunity
percent or more in the bidder's firm or any of Its branches. to partidpate In the competitive process of supplying goods and
services to the County, To that end, the Board of County
i. SUCCESSORS AND ASSIGNS: The County and the successful Commissioners established Ordinance No. 2002-064, which sels forth
bidder each binds Itself and its successors and assigns to the other the County's requirements for the SBE program. and are incorporated
party in respect to all provisions of this Contract. Neither the County In this solidtation. Compliance with the requirements contained In this
nor the successful bidder shall assign, sublet, conveyor transfer its section shall result in a bidder being deemed responsive to SSE
Interest in this Contract without the prior written consent of the other, requirements, The provisions of this Ordinance are applicable to this
solicitation, and shall have precedence over the prOVIsions of !hIe
j. INDEMNIFICATION: Regardless of the coverage provided by any solicitation in the event of a conflict.
insurance. the successful bidder shall indemnify. save harmless and
defend the County. its agents, selVants, or employees 'from and Although preferences will not be extended to certIfied M/WBEs, unless
against any and all claims, liability, losses andlor causes of action otherwise provided by law, businesses eligible for certificaUon as an
which may arise from any negligent act or omission of the successful MfWBE are encouraged to maintain their certification in order to assist
bidder. its subcontractors, agents, servants or employees during the in the tracking of M/WBE availability and awards of contracts to
course of performing services or caused by the goods provided MIWBEs This information IS vital to determining whether race and
pursuant to these bid documents andlor resultant contract gender neutral programs assist MfWBE firms or whether race and
gender preferences are necessary In order to address any '~ontrnuer1
k. PUBLIC RECORDS: Any material submitted in response to 111is discrimination in the market
Invitation for bid is conSidered a pUblic document in a=rdance with
Section 119.07. F,S ,his inclUdes material which the responding Item 2 - SBE Goals
bIdder might consider to be confidential or a trade secret Any claim of
confidentiality IS waived upon submission. effective after opening The County has established il minimum goal of - 5"'0 SSE ;)a:~Ir:lpal!u,
pursuant to Secllon 11907 F S for all County solicitations ThiS goal IS a minlmulTI, and no roundinc
shall be accepted
L INCORPORATION, PRECEDENCE. JURISDICTION: This InvitaUon
for Bid shall be included and incorporated in the final award. The order
of contractual precedence shall be the bid document (original terms lIem 3 - RankinQ of Responsive Bidders
and conditions). bid response. and purchase order or term contract
order Any and all legal action necessary to enforce the award or the Bidders who meet the SSE goal shall be deemed to be responsive Ie
resultant contract shall be held In Palm Beach County and the the SBE requirement. When evaiuating competitive bids of up to one
contractual obligations shall be Interpreted according to the laws of million dollars ($1,000,000) In which the apparent low oldde, I~
Florida determined to be non-responsive 10 the S8E req,wemen' tl,'. '::rl~tr2r'
Page 4
shall be awarded to the low bidder responsive to the SSE requirement. 6.5 The County or Prime may count toward its SSE goal the entire
or, in the event there are no bidders responsive to the SSE expenditures for materials and equipment purchased by an SSE
requirement. to the bidder with the greatest SSE participation in subcontractor. provided that the SSE subcontractor has lh-=
excess of seven percent (7%) participation. as long as the bid does not responsibility for the installation of the purchased materials ano
exceed the low bid amounl by ten percent (10%). equipment.
In cases where the low bid exceeds one million dollars ($1.000.000), 6.6 The County or Prime may count the enllre expenditure to an
the contract shall be awarded to the low bidder responsive to the SBE SSE manufacturer (i,e.. a supplier thai produces goods from raw
requirements, or, In the event there are no bidders responsive to the materials or substantially alters the goods before resale)
SSE requirements. to the bidder with the greatest SSE participation In
excess of seven percent (7%\ particIpation. provided that such b'ld 6.7 The County or Prime may count sixty percent (60% \ of Its
does not exceed the low bid otherwise responsive to the bid expenditure to SSE suppliers that are not manufacturers.
requirements by more than one hundred thousand dollars ($100.000)
plus three percent (3%) of the total bid in excess of one million dollars 6 8 The County or Prime may count toward its SSE goal second and
($1,000,000) third tiered SBE subcontractors, provided that the Pnme identifies the
SSE subcontractors as second and third tier subs in their bid
Item 4 - Bid Submission Documentation submittal.
SSE bidders. bidding as prime contractors, are advised that they must Item 7 - ReSpOnsibilities After Contract Award
complete Schedule 1 listing the work to be performed by their own
workforce as well as the work to be performed by any SBE or MIWBE All bidders hereby assure that they shall meet the SBE partiCipation
subcontractor. Failure to inetude this information on Schedule 1 will percentages submitted in their respective bids with the
result in the participation by the SBE prime bidders own workforce subcontractors contained on Schedules 1 & 2 and at the dollar values
NOT being counted towards meeting the SSE goal. This requirement specified. Bidders agree to provide any additional information
applies even if the SBE contractor inlends 10 perform 100% of the requested by \he County to substantiate participation.
work with their own workforce. Bidders are required to submit with
their bid the appropriate SBE-MIWBE schedules in order to be The successful bidder shall ,submit an SSE-MlWSE Activily Form
deemed responSive to the SSE requirements. SBE-MIWBE (Schedule 3) and SBE.MlWBE Payment Certification Forms
documentation to be submitted is as follows: (Schedule 4) with each payment application. Failure to provide these
forms may result in a delay in processing payment or disapproval of
Schedule 1 . List of PropOsed SBE and MIWBE Prime the invoice until they are submitted. The SBE-MlWBE Activity Form
Subcontractors is to be filled out by the Prime Contractor and the SBE-MlWSE
Payment Certiflcatlon Forms are to be executed by the SBE or
This list shall contain the names of all SSE and MlWBE subcontractors MlWBE firm to verify receipt of payment.
intended to be used in performance of the contract. If awarded. The
type of wort< to be performed by each subcontractor and the dollar Item 8 . SBE Substitutions
value or percentage shall also be spedfied. This schedule shall also
be used if an SBE prime bidder is utilizing ANY subcontractors. After contract award. the successful bidder shall only be permitted to
replace a certified SSE subcontractor who is unwilling or unable to
Schedulefsl 2 - Letter/s) of Intent to Perform .. an SBE or perform. Such substitution must be done with other certified SeEs in
MIWBE Subcontractor order to maintain the SBe percentages submitted with the bid.
Requests for substitutions must be submitted to the Department
One Schedule 2 for each SBE and M1WBE Subcontractor listed on issuing the bid and the OSSA.
Schedule 1 shall be completed and executed by the proposed SBE
and MlWBE Subcontractor. Additional copies may be made as Note: Where there is a conflict between the Local Preference
needed. Ordinance and the SBE Ordinance, the SSE Ordinance shall prevail.
Item 5 - SSE Certlflcation d. LOCAL PREFERENCE: In accordance with the Palm Beach County
Local Preference Ordinance, a preference will be given to bidders
Only those fIrms certified by Palm Beach County at the time of bid who have a permanent place of business in Palm Beach County and
opening shall be counted toward the established SBe goals. Upon who hold a valid occupational license issued by the County that
receipt of a complete application, IT TAKES UP TO SIXTY (60) authorizes the bidder to provide the goods or services to be
DAYS TO BECOME CERTIFIED AS AN SBe WITH PALM BEACH purchased. Local preference means that if the lowest responsive,
COUNTY. It is the responsibility of the bidder to confirm the responsible bidder is a regional or non-local business, then all bids
certification of any proposed SSE: therefore, it is recommended that received from responsive, responsible local bidders are decreased by
bidders contact the OSBA at (561) 616-6640 to verify certification. 5%. The original bid amount is not changed; the 5% decrease is
calculated only for the purposes of determining local preference. To
Item 6 - Countina SSE P8rticiDstion land MIWBE Participation receive a local preference, a bidder must have a permanent place of
for Traclcina Puroosesl business in existence m:im to \he County's issuance of this Notice of
SoIidtationllnvitation for Bid. Prior to the County's issuance means
6.1 Once a lirm is determined to be an eligible SBE according to the the date that the Notice of SoIidtationllnvitation for Bid was
Palm Beach County certification procedures. the County or the Prime advertised in the Palm Beach Post. A permanent place of business
may count toward ilS SBE goals only Ihat portion of the total dollar means that the bidder's headquarters is located in Palm Beach
value of a contract performed by the SBE. County; or, the bidder has a permanent office or other site in Palm
Seach County where the bidder will produce a substantial portion of
6.2 The total dollar value of a contract with an eligible SSE may be the goods or services to be purchased. A valid occupational license
counted toward the goaL issued by the Palm Seach County Tax Collector shall be used to
verify that the bidder had a permanent place of business prior to the
6.3 The County may count toward its SSE goals the total value of a issuance of this Notice of Solicitation/Invitation for Bid. A Palm
contraet awarded to an eligible SBE firm that subsequently is Beach County Occupational license is required unless specifically
decertified or whose certification has expired after a contract award exempted by law. In lieu of a Palm Beach County ocClJpational
date or during the performance of the contract. license, the bidder shall inetude the current occupational license
issued to the bidder in the response. Please note that the bid
6.4 The County or Prime may count toward Its SSE goal a portion of submitted to Palm Beach County must be from an address located
the total dollar value of a contract with a joint venture, eligible under within Palm Beach County in order for local preference to apply. The
the standards for certification, equal to the percentage of the bidder must submit the attached .Certification of Business Location"
ownership and control of the SBE partner in the joint venture. at the time of bid submission. Failure to submit this information shall
cause the bidder to not receive a local preference. Palm Beach
County may require a b:ooer to provide additional mformation j('" particUlar offer or Jid IS rD3tenali) '-lnbalar,cec shall be :,"'i.3de
clanflcatlon purposes at any time prior to the award of the contrac' by the Purchasing Director citing thr, basIs be the delennlnal' "
e. DRUG FREE WORKPLACE CERTIFICATION In complrance wltr ) NON-EXCLUSIVE: Tile County reserves tile ngnt to acqJlrf, S::HTIc
Florida Statute (Section 287087) attached form "Drug-Free Workplace all of these goods and services t'lIDugl: a State u' O'I:)'I(Jo' :ont'd':
Certrficatlon" snculd be fully executed and submitted with bid response under the provisions of Section 287 J4;: ~IDnda Statutes Dec\' oed II""
In order to be considered for a preference whenever two (2) or more Slate of Flonda contract offers a lower pr:ce for the same g:)Od5 ar,:
bids which are equal With respecl to price. qualrty. and service ;'lre services. ThiS reservation applies botr to Ihe Initial award I;' 11'1'
'ecelved by Pair,., Beac:r. Count\' solicitation and to acquIsition after a lerrT', contract rna', ::lelwaroec
Additionally Palm Beach Count,. ceserves lhe light l,' aw"re etr",.
f CONDITIONED OFFERS Bldde's are cautioned that any conditlor contracts for goods and servlccs 13;i!r:~ wlth1'! the SC))).i". "I' Hi;';
Qualification. prOVISion or comment In their bid. or In other SoliCitation and resultant contracl wl1en t~e s~)e:;lf!catIC"<; ;:,I;er 'rCI
correspondence trar!smltted With their bid. which In any way modifies this solicitation or resultant contra,~l ~C}r gOODS ':11;(: '...er'/Ise':-
takes exception to or IS ,nconSlstent with the specifications specified in this sollcitatior wher t:-,e $CC)D€ (,ubstantI3Pv ~ Hpyc; ~..,-,_.,
requirements or any of the terms, conditions, or proVisions of thiS "115 solicitation or resultant con1r;J,'
soliCitation IS suffic,ent cause tor the rejection of their bid as non.
res00nsive k OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Pair
Beach County encourages and agrees to the successful bldoer
g. PRICING extending the pricing. terms and conditions of this solicltalion c'
resultant contract to other governmental e'1titles at the discretIon 0' tl"
11) Pnces offered must be the pnce for new merchandise and successful bidder
free from defect. Unless specifically requested in the bid
specifications. any bids containing modifying or escalation I. PERFORMANCE DURING EMERGENCY By submlttmg a bid
clauses shall be rejected. bidder agrees and promises that. during and after a public emergency
(2) The pnce offered must be in accordance with the unit of disaster. hurricane. fiood. or acts of God, Palm Beach County shall be
measure provided on the bid response pagels). One (1) given "fIrst priority" for all goods and services under this contract
space or line requires only one (1) single, fixed unit price. Bidder agrees to provide all goods and services to Palm Beach County
Anything other than a single, fixed unif price shall result in during and after the emergency/disaster at the terms. conditJons. and
the rejection of your bid. prices as provided in this solicitation. and with a priority above. a
(3) Bidder warrants by virtue of bidding that prices shall remain preference over. sales to the private sector. Bidder shall furnish a 24.
firm for a period of ninety (90) days from the date of bid hour phone number to the County In the event of such an emergency
opening or other time stated in special conditions. Failure to provide the stated priority/preference during and after an
(4) In the event of mathematical error(s), the unit price shall emergency/disaster shall constitute breach of contract and make the
prevail and the bidder's total offer shall be corrected bidder subject to sanctions from further business with the County
accordingly. BIDS HAVING ERASURES OR
CORRECTIONS MUST BE INITIALED IN INK BY THE 4. BID OPENING/AWARD OF BID
BIDDER PRIOR TO BID OPENING. IF THE CORRECTION
IS NOT PROPERLY INmA1.ED, OR IF THE INTENT OR a. OBSERVING THE PUBLISHED BID OPENING TIME: The
LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE published bid opening time shall be scrupUlOUSly observed. It IS
BID SHALL BE REJECTED. the sole responsibility of the bidder to ensure that their bid arrives In
(5) Bidders may offer a cash discount for prompt payment. the Purchasing Department prior to the publiShed bid opening time
However. such discounts shall not be considered in Any bid delivered after the precise time of bid opening shall not be
determining the lowest net cost for bid evaluation purposes considered, and shall be retumed to the bidder unopened if bidder
unless otherwise specified in the special conditions. Bidders identification is pOSSible without opening. Bid responses by telephone
should reflect any discounts to be considered in the unit telegram. or facsimile shall not be accepted. Bidders shall not be
prices bid. allowed to modify their bids after tile published bid opening time
h. SUBMITIING NO BID or NO CHARGE: Bidders not wishing to bid on b. POSTING OF AWARD RECOMMENDA nON: Recommended
some items sought by this solicitation should mark those Items as "no awards shall be publicly posted for review, at the Purchasing
bid." If some items are to be offered at no charge, bidders should Department prior to final approval, and shall remain posted for a period
mark those items as "no charge." Items left blank shall be considered of five (5) business days. Bidders desiring a copy of the bid posting
a "no bid" for that item. and the bid shall be evaluated accordingly. summary may request same by enclosing a self-addressed, stamped
Bidders who do not wish to submit bids on any item in this SOlicitation. envelOpe with their bid. (NOTE: As a service to bidders. the County
should retum a "Statement of No Bid" in an envelope plainly marked provides an unofficial list of award postings on our web site at
with the bid number and marked "NO BID." www.DbcQov.com/Dur and on our bid hot-line, telephone 561-795.
8080. These listings are updated weekly. normally on Friday if any
i. ACCEPTANCE/REJECTION OF BIDS: Palm Beach County reserves discrepancy between these listings and the official posting In the
the right to accept or to reject any or all bids. Palm Beach County also Purchasing Department, the latter shall prevail )
reserves the right to (1) waive any non-substantive irregularities and
technicalities; (2) reject the bid of any bidder who has previously failed c. PROTEST PROCEDURE Protest procedures are prOVided In the
in the proper performance of a contract or a similar nature. who has Palm Beach County Purchasing Code. Protests must be submitted ir'
been suspended or debarred by another governmental entity, or who writing, addressed to the Director of Purchasing. via hand delivery
is not In a position to perform properly under this award: and (3) mail or fax to 561/242-6705. Protest must Idenlify the soIJcltation,
Inspect all facilities of bidders in order to make a determination as to its specify the basis for the protest. and be received by the PurCr,aSlng
ability to perform. Department within five (5) bUSiness days of the posting date of the
recommended award The protest IS considered filed when i: i,
Palm Beach County reserves the right to reject any offer or bid if the received by the PurchaSing Department Failure to file protest as
pnces for any line Items or subline items are materially unbalanced outlined in the Palm Beach County PurchaSing Code slla!: constitute a
An offer is matenally unbalanced if it is mathematically unbalanced. waiver of proceedings under the referenced County Code
and if there IS reason to believe that the offer WOuld not result in the
lowest overall cost to the County, even though it is the lowest 5 CONTRACT ADMINISTRATION
evaluated offer. An offer is mathematically unbalanced if it is based on
prices which are Significantly less than fair market price for some bid a. DELIVERY AND ACCEPTANCE Delivenes of all Items snail be
line Item and significantly greater than fair market price for other bid made as soon as possible. Deliveries resulting from this bid are to be
line items Fair market pnce shall be determined based on industry made during the normal working hours of the County Time '$ of the
standards. comparable bids or offers. existing contracts. or other essence and delivery dates must be met Should the successfu,
means of establishing a range of current prices for which the line items bidder fail to deliver on or before the stated dates the County reserves
may be obtained In the market place The determination of whether a the rigllt to CANCEL the order or contra::! Clnd maKe "'f' ~., !rC~I?""
Page 6
elsewhere The successful bidder shall be responsible for makmg any
and all dalms agamst carners for missing or damaged items.
Delivered items shall not be considered "accepted" until an authorized
agent lor Palm Beach County has. by inspection or lest of such items.
determined that they appear to fully comply with specifications. The
Board of County CommisSioners may retum. at the expense of the
successfui bidder and for full credit. any item(s) received which fail to
meet the County s specifications or performance standards.
b. FEDERAL AND STATE TAX Palm Beach County is exempt from
Federal and State taxes. The authorized agent for Purchasing shall
proVide an exemption certificate to the successful bidder. upon
request Successful bidders are not exempted from paying sales tax
to their suppliers for materials to lulfill contractual obligallons with the
County. nor are successful bIdders authorized to use the County's Tax
Exemption Number in secur.ng such materials.
c. PAYMENT: Payment shall be made by the County after
commoditiesfservices have been received, accepted and properly
.nvoiced as indicated in the contract and/or order. Invoices must bear
the order number The Florida Prompt Payment Act is applicable to
this solicitation.
d. CHANGES: The Director of Purchasing, Palm Beach County, by
written notification to the successful bidder may make minor changes
to the contract terms. Minor changes are defined as modifications
which do not significanUy alter the scope, nature, or price of the
specified goods or services. Typical minor changes include. but are
not limited to, place of delivery, method of shipment, minor revisions to
customized work specifications, and administration of the contract
The successful bidder shall not amend any provision of the contract
without written notification to the Director of Purchasing, and written
acceptance trom the Director of Purchasing or the Board of County
Commissioners .
e. DEFAULT: The County may, by written notice of default to the
successful bidder, terminate the contract in whole or in part if the
successful bidder falls to satisfactorily perlorm any provisions of this
solicitation or resultant contract. or fails to make progress so as to
endanger performance under the terms and conditions of this
solicitation or resultant contract, or provides repeated non-
perlormance, or does not remedy such failure within a period of 10
days (or such period as the Director of Purchasing may authorize in
writing) after receipt of notice from the Director of Purchasing
specifying such failure. In the event the County terminates this
contract in whole or in part because of default of the successful bidder,
the County may prOOJre goods and/or services similar to those
terminated, and the successful bidder shall be liable for any excess
costs incurred due to this action.
If it is determined that the successful bidder was not in default or that
the default was excusable (e.g., failure due to causes beyond the
control of, or without the fault or negligence of. the successful bidder),
the rights and obligations of the parties shall be those provided in
Section Sf, "Termination for Convenience."
f. TERMINATION FOR CONVENIENCE: The Director of Purchasing
may, whenever the interests of the County so require, terminate the
contract, in whole or in part, for the convenience of the County. The
Director of Purchasing shall give five (5) days prior written notice of
termination to the successful bidder, specifying the portions of the
contract to be terminated and when the termination is to become
effective. If onty portions of the contract are terminated, the successful
bidder has the right to withdraw, without adverse action, from the
entire contract.
Unless directed differently in the notice of termination. the successful
bidder shall Incur no further obl.gations in connection with the
terminated work. and shall stop work to the extent specified and on the
dale given in the nolice of termination. Additionally, unless directed
differently, the successful bidder shall terminate outstanding orders
andfor subcontracts related to the terminated work.
THIS IS THE END OF "GENERAL CONDITIONS."
'i'
--" --~-- ...,
SPECIAL CONDITIONS
6. GENERAL/SPECIAL CONDITION PRECEDENCE
In the event of conflict between General Conditions and Special Condllions. the provisions of tne SpeCial Condltlor's Srli'l'
have precedence
7. QUALIFICATION OF BIDDERS
ThiS bid shall be awarded only to a responsive and responsible bidder, qualified to provide !tie goods andJor serVICE::
speCified The bidder shalt, upon request, promptly furnish the County sufficient evidence In order to confirm a satisfactor~\
oeriormance record. Such information may include an adequate financial statement of resources. the ability to comply wltr
reqUired or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics. the necessary
organization, experience. accounting and operation controls, and technical skills. and be otherwise qualified and eligible to
receive an award under applicable laws and regulations.
The bidder should submit the following Information with their bid response; however, If not included. It shall De tr1e
responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within
two working days of request) Failure of a bidder to provide the required information within the specified trme frame IS
considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this
provision.
A List a minimum of three (3) references In which similar goods and/or services have been provided within the past
three (3) years including scope of work, contact names, addresses, telephone numbers and dates of service. A
contact person shall be someone who has personal knowledge of the bidder's performance for the specific
requirement listed" Contact person must have been informed that they are being used as a reference and that
the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the
requirement!
B. The bidder, if not the manufacturer, must provide written evidence, from the manufacturer, which states that the
bidder is an authorized dealer/distributor/reseller of the manufacturer
8. CRIMINAL HISTORY RECORDS CHECK
This solicitation includes sites and/or buildings which have been designated as "critical facilities" pursuant to Ordinance 2003-
030 and Resolution R-2003-1274, as may be amended. Therefore, prior to the award of any contract, the recommended
awardee(s) must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. County
staff representing the user Department will contact the recommended awardee(s) and provide additional instructions for
meeting the requirements of this Ordinance. A contract shall not be awarded unless the recommended awardee meets the
requirements established by the Electronic Services and Security Division of the Facilities Development and Operations
Department.
9. AWARD (ITEM-BY-ITEM)
LOT 1
Palm Beach County reserves the right to award Item #1 to multiple bidders (Attachment #1) and Items 2 through 8 to those
bidders offering the greatest single fixed percentage discount from the manufacturer's current list price. Additionally. columns
"A" (equipment) and "8" (parts) shall be considered and evaluated independently when making an "item by item" awara
recommendation"
LOT II
Palm Beach County reserves the right to award Item #1 to multiple bidders (Attachment #2) and Items 2 through 8 to those
Didders offering either the greatest single fixed percentage discount ( - ) from the manufacturer's current list pnce Qi the
smallest single fixed percentage in addition (+) to the manufacturer's current list price whichever is determined to be in the
best Interest of the Palm Beach County.
Page 8
10. CATALOGS. MANUFACTURER SUGGESTED RETAIL PRICES (MSRP), ETC.
Upon request, the successful bidder shall supply at no charge current catalogs and/or MSRP's for all awarded
manufacturers. The successful bidder shall up-date and keep all catalogs and MSRP's current throughout the term of the
contract. When a revision to the manufacturer's catalog and/or MSRP occurs which includes the addition of new products
within the scope of this solicitation, the discount and net price of the new products must be equal to or better than the
discount and price of items originally included In this solicitation.
Upon award. the successful bidder shall supply one copy of the appropriate catalog(s) and/or MSRP to
Palm Beach County Finance Department
Supervisor, Pre-Audit Division
P.O. Box 4036
West Palm Beach, Florida 33402-4036
(561) 355-3011
Note: All Catalogs and/or MSRP's shall clearly identify the term contract number and the successful bidder's name, address
and telephone number. Additionally, catalogs and/or MSRP's created by the bidder. if not the manufacturer, will not satisfy
this requirement.
11. INVOICES - LOT I (PURCHASE AND DELIVERY)
12. INVOICES- LOT II {PURCHASE. DELIVERY & INSTALLATION)
'Vhen invoicing the County for goods purchased, delivered and installed (uncrate, assembled and placed on site) under
(his solicitation, the successful bidder must provide complete, accurate invoices which must include for every item purchased
a unique catalog number, a definitive description, the catalog/list price, and the invoiced price. If the applicable catalog does
not provide unique numbers, the description of the item must be sufficiently accurate to specifically identify the goods
rovided to the Count . Exam Ie: Invoice shall include:
Item # DescriDtion Part # List Price Discount Discount Price Total
1. Tire Swin #123 $2,095.00 +10% $2,304.50 $ 4,609.00
13. AUDIT
All items sold to Palm Beach County as a result of this bid award are subject to post sale audit adjustment. In the event an
audit indicates the successful bidder has not honored quoted price lists and discounts, the successful bidder shall be liable
for any and all overage charges, and may be considered in default of this contract.
14. METHOD OF ORDERING (TERM CONTRACT)
A contract shall be issued for a term of 24 (twenty-four) months or until the estimated amount is expended, at the discretion
of the County. The County will order on an "as needed" basis.
15. DELIVERY (LOTS I & II)
Delivery shall be required within sixty (50) calendar days after receipt of term contract delivery order (DO) unless a modified
delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the
designated County representative. Failure of the successful bidder to perform to the delivery requirement is sufficient cause
for default and termInation of the contract.
16. AS SPECIFIED
term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered
,ust meet the specifications herein. Palm Beach County will retum, at the expense of the successful bidder, Items no!
delivered as specified.
~ , j.
At the option of PairG Beach County. item(s) from any delivery may be subrTlltted to 8'1 Independent testing laD\)la:cry :(
determine conformity to respective specifications Bidders shall assume full responsibility for payment of any and all c;rar~Je'
for testing and analysIs of any product offered or delivered that does not conform to the minimum required speciflcalio"';
17. ESTIMATED EXPENDITURES
The anticIpated term of the contract to be awarded as a result of this bid is for twenty-four (24) months The 3ntlclpalec '.'aICiC
ourlng the contract term IS $1.025,000 Palm Beach County reserves the right to Increase or decrease the antlclpateo \'3:ue
as necessa'y to meet actual requirements, and to rebid for the contracted goods and services at any time after tnE:
artlclpated value of thiS coniract has been reached, notwithstanding that the anticipated term has not been comple'''t1
18. WARRANTY
The successful bidder shall furnish factory/manufacturer warranty on all equIpment furnIshed hereunder against defect Ir
materials and/or workmanship The factory/manufacturer warranty shall become effective on the date of delivery and
acceptance by Palm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear,
appear during the above stated warranty period. the successful bidder shall repair or replace same at no cost to Palm Beach
County.
19. ATTACHMENT(S)
Attachments 1&11 are included and are considered to be a component of this bid.
20. WORK SITE SAFETY/SECURITY
The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own
property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage.
When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and
secure the work site(s) and insure that all County, State of Florida, OSHA. and other applicable safety regulations are met.
Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm
Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or
replacement for loss or damage to property through negligence of the successful bidder or its agents.
21. INSURANCE REQUIRED LOT I ONLY (PURCHASE/DELIVERY)
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of Insurance
coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm
Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successfUl bidder
shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.
Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or Similar
form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage
Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed
Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages
Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when
applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an
Additional Insured.
Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not
less than $500,000 Combined Single Limit Each Accident for all owned, non-owned. and hired automobiles (In this context.
the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on pUblic roads) In
the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended
allowing successful bidder to maintain only Hired & Non-Owned auto Liability. This amended requirement may be satisfied
by way of endorsement to the Commercial General Liability. or separate Business Auto coverage form
Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' CompensatIon &
Employer's Liability Insurance in accordance with Florida Statute Chapter 440.
A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the
successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance
Company/Agent within a time frame specified by the County (normally within 2 working days of request) Failure to orovlce
required Insurance shall render your bid non responsive
Page 10
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable).
'aid Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach
;ounty as an Additional Insured.
Further. said Certiflcate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change,
cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force
throughout the term of the contract. Failure to maintain the required insurance shall be considered default ot contract.
Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation. non-renewal
or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form,
types of coverage and acceptability of the insurers providing coverage.
Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis
22. INSURANCE REQUIRED LOT II ONLY (PURCHASE/DELlVERYIINSTALLATION)
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance
coverage to Palm Beach County, clo Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm
Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder
shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.
Commercial General Liability, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit
for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations,
Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability
and Broad Form Property Damage coverages. Coverage for the hazards of explosion. collapse and underground property
damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to
include Palm Beach County as an Additional Insured.
Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for
qodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non-
IIVned Autos. (In this context, the term MAutos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed
for travel on public roads.)
Note: When applicable, if the designated sub-contractor is responsible for the installation then proof of Business
Auto Policy, or similar form, must be provided by the sub-contractor.
Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall
include the personnel of the contractor and any subcontractors, reoardless of the size of the company. Exemptions for small
companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each
Accident, $500,000 Disease-Policy Limit, $100,000 Disease-Each Employee.
Note: When applicable, If the designated sub-contractor is responsible for the installation then proof of Workers'
Compensation and Employer's Liability must be provided by the sub-contractor.
A signed Certificate or Certificates of Insurance. evidencing that required insurance coverages have been procured by the
successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance
Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide
required insurance shall render your bid non responsive.
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable),
said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach
County as an Additional Insured.
Further. said Certiticate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change,
cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force
'~roughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract.
Jccessful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non-renewal
Jr material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form,
types of coverage and acceptability of the insurers providing coverage.
Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis.
SPECIFICATIONS
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
PURPOSE AND INTENT:
The purpose and intent of this Invitation for Bid (IFB) is to secure a single, fixed percentage discount from
manufacturer's current price list for the purchase and delivery of various Playground & Park Equipment and
Parts in accordance with specifications/requirements stated herein Additionally, it shall also secure a single.
fixed percentage (plus + or minus -) based on manufacturer's current price list for purchase, delivery and
installation of various Playground & Park Equipment in accordance with specifications/requirements stated herein
Note Playground & Park Equipment may be required at any location within Palm Beach County.
Fixed PercentaQe:
LOT I - PURCHASE AND DELIVERY ONLY
1. Bidder shall indicate on Bid Response page their single fixed percentage discount to be deducted from the
manufacturer's current list prices.
NOTE: It is understood that current price lists are subject to change; however, percentages shall
remain fixed.
LOT II - PURCHASE, DELIVERY & INST ALLA TION
2. Bidder shall indicate on Bid Response page their single fixed percentage (plus + or minus -) for the purchase.
delivery and installation of equipment and/or play structures based on manufacturer's current list prices
3. Installation includes labor and materials to uncrate, assemble and place on-site.
4. Any installation project which requires pulling of permits, drawings, general contractor and/or engineering
consultants, concrete footings, etc. is considered outside the scope of this contract.
NOTE: It is understood that current price lists are subject to change; however, percentages shall
remain fixed. No extra charges or compensation will be allowed under this contract.
F .O.B. POINT
BIDDERS MUST OFFER F.O.B. DESTINATION FREIGHT CHARGES PREPAID AND ALLOWED OR F.O.B.
DESTINATION, FREIGHT CHARGES PREPAID AND ADDED. ANY OTHER "DELIVERY" OFFER WILL NOT
BE CONSIDERED. IT IS FURTHER UNDERSTOOD THAT TITLE TO ALL ITEMS ORDERED WILL REMAIN
WITH THE AWARDEE UNTIL RECEIVED AND ACCEPTED BY PALM BEACH COUNTY. AWARDEE IS
REQUIRED TO FILE ALL CLAIMS FOR DAMAGES/SHORTAGES, ETC.
EXACT DELIVERY POINT WILL BE INDICATED ON THE PURCHASE ORDER OR TERM CONTRACT
ORDER (DO).
Page 12
SPECIFICATIONS
BID #OS-QS1IMM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
Catalog:
All bidders of playground equipment (manufacturer/distributors) must supply current copies of each
manufacturer's current price lists. upon request, to all appropriate Palm Beach County Personnel.
Successful bidder is required to supply current price lists for distribution, at successful bidder's expense.
Additional price sheets must be provided to Palm Beach County as requested at successful bidder's expense
Installation Responsibilities:
Palm Beach County will provide water and electricity from point of closest hook-up only (no hoses or electrical
cables will be provided) at sites specified. The Parks Division shall be responsible for all site preparation to
include placement location, installation of grade markers. grading, sod removal/replacement, buffer fill. and berm
timber installation.
The Successful Bidder shall:
. furnish. at their expense, all supervision. equipment, machines, tools. materials, labor, transportation, and
other facilities and services necessary to perform work specified herein.
. not inhibit access to parks and other Palm Beach County locations during work specified herein.
ensure that all playground installers make necessary arrangements to receive shipment of play structures
and provide storage prior to, and during installation. Palm Beach County will not be responsible for
receiving or storing of play structures prior to or during installation.
. be responsible for unpacking, uncrating, assembling and placing at job site in accordance with
specifications herein.
. ensure that all playground installers are certified and qualified to install play structures as per
manufacturers specifications. Certification shall be made readily available for inspection by Palm Beach
County personnel at any and all locations requiring installation.
. be responsible for the appearance of all working personnel assigned to the project (clean and
appropriately dressed at all times).
. have an Engfish~speaking supervisor/representative on the work site at all times, who shall be thoroughly
knowledgeable of all specifications and other contract documents and have the authority to act in the
successful bidder's behalf.
Compliance Issues:
It shall be the successful bidder's responsibility to insure all products ordered, shipped and/or installed conform,
meet, or exceed, all current federal, state and local safety guidelines.
Additionally, equipment/installation shall be in compliance with the following Palm Beach County Playground
C::quipment & Safety Guidelines:
SPECIFICATIONS
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
General:
Playground equipment shall meet the following general design requirements:
Equipment shall be new and of current manufacturer in production at the time of bid opening
Equipment shall be free of points, sharp edges and protrusions that may cut or puncture
Equipment shall be free of other elements that may snag clothing or body parts.
Equipment shall be free of angles or openings that may entrap body parts.
Equipment shall be free of pinch or crush points.
Equipment shall be free of splinters and not be subject to future splintering.
Equipment shall have slip resistant walking and climbing surfaces.
All equipment and component mounting fasteners to be completely tamper resistant "Hex-pin cap screws"
requiring installation/removal with special manufacturer furnished hex-pin Allen wrench or equivalent. Minimum
fasteners to be used in conjunction with the above shall be hex-pin flange nuts, Tee nuts, or nylon insert locknuts.
Equipment shall have components that drain freely and not collect standing water.
Equipment shall have steps and handholds of proper size, spacing and incline where necessary to assist
climbing.
Equipment shall have all moving parts constructed of materials that minimize the potential for impact injuries
Equipment shall have handrails, raised edges and other barriers where necessary to minimize the potential for
falls.
Entire unit shall have vandal-proof connectors that cannot be loosened or unfastened without special
tools.
Equipment shall permit easy access by adults for maintenance and emergencies.
Equipment shall provide more than one means of access and exit.
Equipment shall be designed to support the maximum possible load able to be imposed on the apparatus.
Equipment shall be designed to be permanently anchored in place.
Equipment shall be constructed of non-rusting and non-toxic materials
Equipment shall be constructed of materials that will remain durable in an outdoor environment.
All assembly fasteners used in assembly of play structures are to include cap screws, bolts (all). flange nuts. tee
nuts. and washers SHAll BE STAINLESS STEEL ONLY.
All chains and S hooks SHALL BE STAINLESS STEEL ONLY
Page 14
SPECIFICATIONS
BID #08-o51/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
All end caps/pipe caps shall be fastened in place permanently utilizing metal "drive rivets" or equivalent. Press fit
components are unacceptable.
Weight bearing components and accessories subject to tensile forces shall be fastened to post clamps with end
cap screws or full penetrating fasteners to ensure positive securement under severe use. Non-penetrating set
screws are UNACCEPTABLE.
Specific: Individual pieces of equipment shall meet specific design requirements. in addition to the general
design. as indicated in bid specifications.
Requirements not addressed in previously mentioned guidelines shall be in compliance with prevailing safety
standards as set forth in "A Handbook for Public Playground Safety (Volumes I & II)" developed by the U.S.
Consumer Product Safety Commission and such safety standards indicated by the Florida Recreation and Parks
Association. All state. federal and local safety rules and regulations must be met.
Hours of Operation:
The Successful Bidder is advised that the delivery and/or installation of these units shall occur during normal
County (ordering department) operational hours.
_iaison:
The successful bidder(s) shall have available a liaison to work with the Parks Supervisor/Project Manager or other
ordering department representative (as applicable) to schedule deliveries and/or installations and to arrange for
acceptance.
ATTACHMENT I
LOT I, ITEM 1 ADDITIONAL MANUFACTURER'S - PURCHASE AND DELIVERY ONL Y - SINGLE
FIXED PERCENTAGE DISCOUNT FROM MANUFACTURER'S CURRENT LIST PRICE
-..------.--- --. -~.._.~ --..------.-- - __n_ ~.__ _~ ._ _n .------. ~...--
A. ! B.
ITEM # I DESCRIPTION SINGLE FIXED SINGLE FIXED
! DISCOUNT FROM DISCOUNT FROM
!
i MANUFACTURER CATALOG OFFERED MANUF ACTURER'S MANUFACTURER'S
CURRENT LIST PRICE CURRENT LIST PRICE
._, ---~ ~t- , --- FOR EQUIPMENT FOR PARTS -~-----i
-- --:--~-
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Firm Name: c '\ ::.x...:-c \,/ ,(-e S .LIle -
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Page 16
ATTACHMENT II
LOT II, ITEM 1 ADDITIONAL MANUFACTURER'S- PURCHASE, DELIVERY & INSTALLATlON-
SINGLE FIXED PERCENTAGE (PLUS + OR MINUS - ) BASED ON MANUFACTURER'S
CURRENT LIST PRICE
-_._-----~---- ,'-- ----
I
! ITEM # i DESCRIPTION SINGLE FIXED PERCENT AGE i
t I
I i (PURCHASE, DELIVERY & INSTALLATION) I
I
i MANUFACTURER CATALOG OFFERED CIRCLE EITHER + OR - WITH PERCENT AGE !
,-
I L-~ND~t1P(. SIR0Cf\..\~jN::: '~
(0') / .. ) -r 3,). I
I 1 ,r,.,d\,)~,:y~ L<1~\;.rr~ ,:",',~.>"\u'?""'J % \
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3. (L.I\I'0D~Aff._ e.~~iVD'"~Lt...€Alv Ciy (G-~, I - ) +39... %
(must circle + or - )
4, ( L A.\J DOSC A PE_ F'~~ .A..N,):,) r-..:.:S ~C!\J (G'I .. ) +~~ %
(must circle + or - )
15 .."C4:<-.i'Jo.V[, I..--':\..'CD REn..'...;<;:RY b..0F (QI - ) -4- c:S %
(must circle + or - )
6. . 2E ~G-ER. 't:.l'-.J F ( 8./ - ) .t- 85 %
(must circle + or .. )
7. k~t -....J.E.RLt\vv'J I L~ ( + IG) - ~ %
(must circle + or .. )
8. Tc..-{TuRt: ( + C') - Y. 5 %
. (must circle + or.. )
: -
9. ( + I - ) %
(must circle + or - ) 1
10. I ( + I .. ) % I
I I I
1 (must circle + or .. ) I
I I
I
, .L----.- _ I
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Firm Name: '-K~n " - - {~,I\ C-pn(~ (c) '-\(1 ,,~-:S\--')(.5'C....
:.::>( \' V ,ce "-:: Lf\('
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'aqe
BID RESPONSE
BID #08-051/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
LOT I - PURCHASE AND DELIVERY ONLY - SINGLE FIXED PERCENT AGE DISCOUNT FROM
MANUFACTURER'S CURRENT LIST PRICE) . ._'---_._---_._----~._-----_...-.._..--_._-
ITEM# NAME OF MAUNFACTURER A. , B.
SINGLE FIXED DISCOUNT FROM SINGLE FIXED DISCOUNT FROM
MANUFACTURER'S CURRENT MANUFACTURER'S CURRENT LIST
LIST PRICE FOR EQUIPMENT PRICE FOR PARTS
k-J ---_____i
"MANUFACTURER'S CATALOG I
OFFERED: :::ft1' <;111'1"-'1.'1'\\.;,,'1 I ' % SH " ,1',\1 ~:tVY~.;'-')i , .. %
I SE.'i:.:.. .. ~T,A(J"iN"'o f.vT I if I
* NOTE: USE ATTACHMENT IIF BIDDING MORE THAN ONE MANUFACTURER ._----.~- -.-._---
LOT I - PURCHASE AND DELIVERY ONLY - SINGLE FIXED PERCENTAGE DISCOUNT FROM
MANUFACTURER'S CURRENT LIST PRICE
ITEM # DESCRIPTION A. B.
SINGLE FixeD DISCOUNT FROM SINGLE FIXED DISCOUNT FROM
MANUFACTURER'S CURRENT LIST MANUFACTURER'S CURRENT
~'. PRICE FOR eQUIPMENT LIST PRICE FOR PARTS
~\ !
2, ) LANDSCAPE STRUCTURES, INC. Y % I If %
I
I
i ---~
OUTDOOR ALUMINUM I i
3. % I %
I ~
I
4. NEVCO SCOREBOARD % I %
5. GAMETlME, INC. % %
8 I "-
DUMOR, INC. Y % 1.1 %
,
I --'---"-
7. LITTLE TIKES % I %
! ..------1
8. TOT TURF % 0'
~o
--'-"-< -----'
9. PLAY & PARK STRUCTURES % o.
/0
I
I
10. PLA YWORLD SYSTEMS % u'
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11. MIRACLE RECREATION EQUIPMENT % i %
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12. BCIBURKE I % I o.
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Cont'd I? 'C
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FIRM NAME: Sc~'0; (es -- C, - \3',1\ G-C'Or' ' (0' YeO -83C[Jl.S-'
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Page 18
BID RESPONSE
BID #OS.QS1/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
LOT" . PURCHASE, DELIVERY & INSTALLATION - SINGLE FIXED PERCENTAGE (PLUS + OR MINUS.)
BASED ON MANUFACTURER'S CURRENT LIST PRICE (Installation Includes labor and materials to uncrate,
assemble and lace on-site
ITEM # ITEM SINGLE FIXED PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
CIRCLE EITHER + OR - WITH PERCENTAGE
* MANUFACTURER CATALOG
OFFERED: ( + I - ~ 'i=ffACW~t>1r \\ "%
" \, "
S'tf ""'~c. M/V, a" iT (must circle + or.)
* NOTE - USE ATTACHMENT II IF BIDDING MORE THAN ONE MANUFACTURER
LOT 11- PURCHASE. DELIVERY & INSTALLATION - SINGLE FIXED PERCENTAGE (PLUS + OR MINUS-)
BASED ON MANUFACTURER'S CURRENT LIST PRICE (Installation Includes labor and materials to uncrate,
....mb'. and place on-slt8)
ITEM # NAME OF MANUFACTURER SINGLE FIXED PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
CIRCLE EITHER + OR - WITH PERCENTAGE
(~ LANDSCAPE STRUCTURES, INC. 8' - ) + 3;;l.. %
~ (must circle + or - )
3. OUTDOOR ALUMINUM (+/-) %
(must circle + or . )
4. GAMETIME, INC. (+/-) %
(must cirCle + or - )
to
5. DUMOR (8/ - ) +~ %
(must circle + or - )
6. LITTLE TIKES (+/-) %
(must circle + or . )
~---
"-,
7. '\ TOT TURF - 1; <<>5
~ ( + 10) %
(must circle + or - )
.~ J1) r->
Cont'd ~, ~(7
FIRM NAME: 'P'Ap Serv ,\ce~ "1-<\[ , - ~'~HG-eqr~ (o)~cTl- 6~i-1f,5b
\;' \ce ?n::: c.::. \ ,~, :: ~
";Jge'c,
BID RESPONSE
BID #08..Q51/MM
PLAYGROUND/PARK EQUIPMENT AND PARTS,
TERM CONTRACT
PLEASE PROVIDE INFORMATION REQUESTED AND INITIAL WHERE INDICATED FOR THE FOllOWING:
Manufacturer Certification (LOT II):
1. For each manufacturer offered, bidder has submitted with their bid response written evidence. from the
manufacturer, which states that the bidder or the bidder's sub-contracted installer is authorized and
certified to install (uncrate. assemble and place on site) the specified manufacturer's playground
equipment. '1< ~
YES. certifications included L.::::::. Q
. (INI /l\L)
2. F .O.B. POINT. FREIGHT (LOT I AND LOT 11):
BIDDERS MUST OFFER F.O.B. DESTINATION FREIGHT CHARGES PREPAID AND ALLOWED OR F.O.B.
DESTINATION. FREIGHT CHARGES PREPAID AND ADDED. ANY OTHER "DELIVERY" OFFER WILL NOT BE
CONSIDERED. IT IS FURTHER UNDERSTOOD THAT TITLE TO ALL ITEMS ORDERED WILL REMAIN WITH
THE AWARDEE UNTIL RECEIVED AND ACCEPTED BY PALM BEACH COUNTY. AWARDEE IS REQUIRED TO
FILE ALL CLAIMS FOR DAMAGES/SHORTAGES. ETC.
EXACT qELlVERY POINT WILL BE INDICATED ON THE PURCHASE ORDER OR TERM CONTRACT ORDER (DO).
PLEASE CHECK AND INITIAL ONE OF THE FOLLOWING, AS APPROPRIATE
( ) F.O.B. DESTINATION, FREIGHT CHARGES PREPAID AND ALLOWED
(INITIAL)
(OR)
r--...C
(V)~ F.O.B. DESTINATION, FREIGHT CHARGES PREPAID AND ADDED
(INITIA
3. INSTALLATION (LOT 11\:
Bidder clearly understands that the percentages offered in lot II require product. deliverv and installation in
accordance with industry standards that, minimally comply technically, mechanically and aesthetically to
manufacturer's standards and all specifications stated herein. Any installation project that requires the pulling of
permits, engineering drawings, General Contractor and/or engineering consultants, concrete footings, etc. is
considered outside the scope of this contract. Omission of any essential detail from these specifications does not
relieve the supplier from furnishing and installing (uncrate, assemble and place on-site) a complete and functional
unit or system within the definition of install as specified herein. NO additional charges or compensation will be
allowed under this contract..
l?o..
I understand ~
(INJTI .
Cont'd -. . (>
\~'~-r'-' ~
S r:::\''-' lC e So '"L" c . \2;', \\
FIRM NAME: - G~n" ,ycn- '2,3\ bS
'J 1("" 'Y-T-'<:-':\6 '" I J,-
Page 20
BID RESPONSE
BID #Oa.QS1/MM
PLAYGROUNDI PARK EQUIPMENT AND PARTS,
TERM CONTRACT
4. CONDITIONED OFFERS:
Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence
transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications,
requirements, or any of the terms, conditions, or provisions of this solicitation,. is sufficient cause for the rejection of
their bid as non-responsive.
-:->0
I understand \S ~
(INITIAL
Is Qualification of Bidders information included, per Term and Condition #..:L? YES ~c.:v < INITIAL
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR SID)
By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all tenns,
conditions, and specifications of the County's bid solicitation as originally published, without exception, change
or alteration of any kind, except as may have been published by the County inofficial amendments prior to this
date of submittal.
FIRM NAME: (Enter the entire legal name of the bidding entity) DATE:
7€? 5'2 (<.'.J \C~S ~.I0c.... 3/3t/~O()~
"
PRINT NAME: B~" G-eo~
\C.~ PRINT TITLE: '\J \c.e- 'Pr-es;-~
* SIGNATURE: ~
ADDRESS: 90'J-.. Uc;
CITY f STATE: -L ZIP CODE: 3:;:(15 0
TELEPHONE# (yO]) 53' - <if-So E-MAIL: b<;:)eo. \' y@ re.pSt'X 'J "<.c:s. (om
TOLL FREE # ( ) FAX#: (YO,) 834- S3' b
APPLlcABLe::9;::- u::Q1\) A <1: erl'F\CITTE. cF (.2~ ~ 5fR.""T\~ ~ S~lY\l iV~ C~u""'''1Y cCC,-,~,lfT()/'Jl'L L \\f.:f.
L1CENSE(S) ~ b9 - '8c.w"t3 3)..'3 S .-5 "=d: oS \ crob
NUMBER # S"-'t f4@;:.Jr"' TYPE: SCC:y A&....;R
FEDERALID# S9 - d,ci1 eSo7
-JC"
ST A TEMENT OF NO BID
BID #08-051/MM
PLAYGROUNDI PARK EQUIPMENT AND PARTS,
TERM CONTRACT
If you are not bidding on this service/commodity. please complete and return this form to Palm Beactl County Purchaslrlq
Department. 50 South Military Trail, SUite 110. West Palm Beach. FL 33415-3199
Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the County of Palm Beach
COMPANY NAIvE ----------_.__._-~_._---- - --.----..------"---
ADDRESS -----~~--~----
TELEPHONE --~-_.._---
SIGNATURE:
DATE:
WE, the undersigned have declined to bid on your Bid No. for
(Service/Commodity)
because of the following reason(s):
- Specifications too "tight", i.e., geared toward brand or manufacturer
only (explain below)
- Insufficient time to respond to the Invitation for Bid
- 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 r~uirements
- Specifications unclear (explain below)
- Other (specify below)
REMARKS:
-_.~--
~----_._- --
- ~----~- .._---~.... ~~_~_.n..
u_..____n_ --~---------_.- - -------_._-------
--., -- ~-_._~-~.._~---
Page 22
CERTIFICATION OF BUSINESS LOCATION
BID #OS-QS1/MM
In accordance with the Palm Beach County Local Preference Ordinance. a preference shall be given to those bidders
who have a permanent place of business in Palm Beach County ("County") and who hold a valid occupational license issued
by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an
interested bidder must have a permanent place of business in existence prior to the County's issuance of an invitation for bid
A valid occupalionallicense issued by the County Tax Collector shall be used to verify that the bidder had a permanent place
of business prior to the issuance of the invitation for bid. A Palm Beach County Occupational license is required unless
specifically exempted by law. In lieu of a Palm Beach County occupational license, the bidder should include the current
occupational license issued to the bidder in the response. The bidder must submit this Certification of Business Location ~
the time of bid submission. This Certification of Business Location is the sole determinant of local preference eligibility
Errors in the completion of this Certification or failure to submit this completed Certification shall cause the bidder to not
receive a local preference. Please note that the bid submitted by the bidder to the County must be from an address located
within Palm Beach County in order for local preference to apply.
I. Bid~r1s a:
'/ Non-Local Business A non-local business is one that does not have a permanent place of business in Palm Beach.
Martin, Broward, or Miami-Dade County.
Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or
Miami-Dade County.
(Please indicate):
Martin County
Broward County
Miami - Dade County
Local Business A local business has a permanent place of business in Palm Beach County
(Please indicate):
Headquarters located in Palm Beach County
Permanent office or other site located in Palm Beach County
from which a vendor will produce a substantial portion of the goods or
services to be purchased
"*A post office box or location at a postal service center is not acceptable.
II. The attached copy of bidder's Palm Beach County Occupational License verifies bidder's permanent place
of business in Palm Beach County
THIS CERTIFICATION is submitted by , as
(Name of Individual)
, of
(Title/Position) (Firm Name of Bidder)
who hereby certifies that the information stated above is true and correct, that the bidder has a permanent place
of business in Palm Beach County, and that the attached Palm Beach County Occupational License ;s a true and
correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this
Certification is considered an unethical business practice and is grounds for sanctions against future County
business with the bidder.
(Signature) (Date)
i,J'-.. "
DRUG-FREE WORKPLACE CERTIFICATION
BID #08-051 /MM
IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to
vendors submitting with their bids/proposals the following certification that they have implemented a drug-free
workplace program which meets the requirements of Section 287.087; provided, however, that any preference given
pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County
Code, Chapter 2, Article Ill, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have
not submitted with their bids/proposals a completed Drug-Free Workplace Certification form, the award will be made
in accordance with Palm Beach County's purchasing procedures pertaining to tie bids.
This Drug-Free Workplace Certification form must be executed and returned with the attached bid/proposal, and
received on or before time of bid opening to be considered. The failure to execute and/or return this certification
shall not cause any bid/proposal to be deemed non-responsive.
Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by
Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a
business that certifies that it has implemented a drug-free workplace program shall be given preference in the award
process. In order to have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in number (1).
(4) In the statement specified in number (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section
287.087, Florida Statutes.
THIS CERTIFICATION is submitted by i3,\\ C:-(~ (' (( '--;; the
(Individual's Name) ------
~
-- \ \ , \
',' c \ _r" l _--^, _ ' ~f \-'\1-- of ~/~ :"i ) )I. \ ',- \ \ ( ~ --' ~_ \ -) C
(Title/Position with CompanyNendor) , (Name of CompanyNendor) ._-~
who does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets
the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
i ~
, \
-j,J .-----/ ,- '-.-/ .~ -- -' / -~ \ /( ~
--). I '- ,-
Signature \ ! Date
Page 24
SCHEDULE 1
N/A LIST OF PROPOSED SBE-M/WBE PRIME SUBCONTRACTORS
BID NAME: BID NO.
NAME OF PRIME BIDDER: ADDRESS:
CONTACT PERSON: PHONE NO: FAX NO:
BID OPENING DATE: DEPARTMENT:
PLEASE IDENnFV ALL APPUCABlE CATEGORIES
...............................................................................................-.......................................................................................+.......................-............."......"...................................
Name, Address and Subcontract Amount
Phone Number (Check one or both Categories)
Mlno" Business Small Business Black His nlc Women Caucasian
1. D 0 $ $ S $ $
2. 0 0 $ $ $ $ $
3. D 0 $ ~ $ S $
4. 0 0 $ $ $ $ $
5. 0 0 S $ $ $ $
(Please use additional sheets 'f necessary Total $ $ $ $ $
Total Bid Price $ Total Value of SBE Participation $
NOTE: 1. The amount listed on this form for a Subcontractor must be supported by prices or percentage Included on Schedule 2 or a proposal from each Subconlractor listed in order to be counted toward
goal allainmenl.
2. Firms may be certified by Palm Beach County as an. SBE and/or an MlWBE. If linns are certified" as both an SBE and MlWBE. please indicate the dollar amount under the appropriate category.
3. MlWBE Information Is being collected for tracking purposes only.
:,:;';,!' ,
.:,.< '",0'
''-'J -, .;-'"",;,',;:0' O;'~'":''' -; ...,t~...._,,,.~!,',"" -,.,-'
'3qe 2::
SCHEDULE 2
SIONO /\I/A LETTER OF INTENT TO PERFORM AS AN SBE OR MIWBE SUBCONTRACTOR
BID NAME: .----------
TO:
(Name of Prime Bidder)
The undersigned is certified by Palm Beach County as a(n) - (check one or more, as applicable):
Small Business Enterprise _ Minority Business Enterprise _
Black - Hispanic _ Women - Caucasian - Other (Please Specify)
Date of Palm Beach County Certification:
The undersigned is prepared to perform the following described work in connection with the above project
(Specify in detail. particular work items or parts thereof to be performed):
Line
Item No., Item Description QtyfUnits Unit Price Total Price
~ I 1\
J\ I I
f ~ I
at the following price $
(Subcontractor's Quote) <. .C,o',
\,:~}~f~:f':, .,
and shall enter into a formal agreement for work with you conditioned upon your execution of a contract witt1;f;i~lm Beach
County.
If undersigned intends to sub~subcontract any portion of this subcontract to a non-certified SBE subcontractor, th~amaunt of
any such subcontract must be stated: $
The undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor
from providing quotations to other bidders
(Print name of SBE-MIWBE Subcontractor)
By: __',___'n"_.
(Signature)
(Print name/title of person executing on behalf
of SBE-MIWBE Subcontractor)
Date:
-~.-
Page 26
SCHEDULE 3
!\J!A SBE-MIWBE ACTIVITY FORM
SBE-MIWBE ACTIVITY FOR MONTH ENDING BID#
BID NAME
PRIME CONTRACTOR NAME
PROJECT SUPERVISOR
SBE.MIWBE SUBCONTRACTING INFORMATION SBE-MIWBE Category (check all applicable)
Name of SBE-M/lNBE SBE-MlWBE Amount drawn Amount Paid to Actual Minority Small Other
Subcontractor SubcontraclAmount for SBE-MlWBE Dale Starting Date Business Business (Please
Subcontractor (.f) (.f) Black Hispanic Caucasian Women Specify)
^//~
I
.
I hereby certify lhatlhe above information is true tolhe best of my knowledge
(Signature and 11l1e)
Return to:
Additional Sheets May Be Used As Necessary
Office of Small Business Assistance
50 S. Military Trail, Suite 209
West Palm Beach, FL 33415
Page 27
SCHEDULE 4
~/I!A SBE-MfWBE PAYMENT CERTIFICATION
This is to certify that received
SBE or MIWBE Subcontractor
(Monthly) or (Final) payment of $ on
from for labor and/or materials used on BID NO.
(Prime Contractor)
BID NAME: BID #:
PRIME CONTRACTOR: "F::T'i:~- ~ .
SSE OR MM'SE SUBCONTRACTOR:
(Company Name)
BY: BY:
(Signature of Prime Contractor) (Signature of Subcontractor)
(Print Name & Tille of Person Executing on behalf (Print Name & Title of Person Executing on behalf of
of Contractor) Subcontractor)
STATE OF FLORIDA
COUNTY OF
Swom to and subscribed before me this day of .20
by
Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary
Personally Known _ OR
Produced Identification Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
Swom to and subscribed before me this day of ,20
by:
Notary Public. State of Florida
Print, Type or Stamp Commissioned Name of Notary
Personally Known _ OR
ProducedldenUfication Type of Identification Produced
DUE: To be submitted with Pay Request, immediately following any payment to the SBE-MlWBE from the Prime Contractor.
402 Waterway Place
longwood. FL 32750-7, ,; 73
PH: 407-831-9658
rx 407.834-5366
'" Ie, ([JJ repservices.corr.
www.repservices.com
:--. larch~ 1. 2008
In r~gards !<1: Rid # 08-057i\1M
Palm Reach County (io\ ernml.'nt Representative
Board of County Commissioners
Purchasing Department
5U South Military Trail. Suite 110
\\'es\ Palm Beach_ FI 33415-3199
De"r Palm Beach County Government Repn:sentativc.
The following installers are authorized and certified to install the Playground and Park
Equipment. Cor all of our manufacturers as spcci lied:
Al ilosgraaf 8: Sons. Inc. DW Recreation Services. Inc. Mudra\.; Engineering &
Gerald Rosgraaf. President Donald West Owner Construction Company
2032 Dumas Dri\'c 7728 Great Oak Drive Dale M udrak. President
Deltona. FI 32738 Lake Worth. FI 3346\ 16508 Hamilton Drive
Phone: 407-402-8495 Phone: 561-818-4819 Orlando. FI 32833
Fax: 386-789-6377 Fax: 561-433-0175 Phone: 407-568-1833
Fax: 407-568-1076
Regal Contractors West Construction
Paul Martin. Owner Don West President Craft Brothers
5253 S Military Trail 318 S Dixie Highway Scott Craft. O".:ncr
Lake Worth. FI 33463 l.ake Worth. Fl 33460 5120 Damascus Road North
Phrnle: 56]-906-7321 Phone: 561-588-2027 Jacksonville. FI 32237
Fax: :,h] -M2-3203 Fax: 561-582-9419 Phone: 904-636-5106
Fax: 904-636-5177
Hest \\'ishes
". , ~"
( - I ~ '
, \ ~ . r4_~r_'~n
.)- .-).._).0-
\: Rid Contra~t # 08-0S1/MM
Hi 11 (i....,lf.' . ~' .' Bidder: Rep Services. Inc.
' "
. ,.~
\'jc...' President 902 Waterway Place
ReI' Scn ices. fne. Longwood. FI ]2750
-407-831-965R
<:;~r J;J;1~I1-J . F" .j '-. .- .(
_..(,: .., ,C fllf'S iaygroulh, '-<-{U!pment · .!().,f'h' Sur(Qc;np . '::J1fU1P ;;... \11n1+~..r
......' dterwav PlaCf'
"',"wood. FL"327cO
. .(7831-9658
:i(l7.834-5366
PlcH' & Out door S pac t', .,1"" 1,<, reoservICt"':..< ~~.',
;},Pryl(P'. ,,'
Contract #08-051/MM Playground/Park Equipment
and Parts Term Contract
Rep Services, Inc. References
I'red C~hill
ProJcet Coordinator Supcrintendent
School District of Palm Rcaeh COUI1l\
~354 h.rest Hill13!\d.
\\'est Palm Reach. J.'L 3340h
Phone: 561-6RR-7576
Designing & providing pluygrounds & safety surj~lCing for 10 years.
Grassy \~"aters Elementary. West Palm Beach. FL Project Date: 03/0i::
Hammock Pointe Elementary. Boca Raton. FL Project Date: 01/0X
Cypress Trails Elementary. Royal Palm Beach. Fl. Project Date: 01/OX
(jerry t\.1eJville
Deputy Director of Parks
Community Center
1105 SE /\iroso Blvd
Port St. Lucie. FL 34984
Phone: 771-871-5099
Designing & providing playgrounds. safety surfacing. site fumishings &: shade structures
Illr 5 years.
Jaycee Park. Port St. Lucie. FL Project Dale: U2/0(i
Sand Ilill Crane Park. Port St. Lucie. FI. Project Date: 07/07
kssiea Clinton Park. Port St. Lucie. FI_ Project Date: 06/06
.Tim Barnes
Depuly Director of Parks
\'jllagc of Wellington
) 1 7UO Piers(ln Road
Wellington. J.J :>.3414
Phonl..' 'il) 1 - It!] -47iN
Uc"ignill!2 <.\: 1'J'Uvidillg pla~ grounds. sarcl~ <.;urt:lcing_ site furlllshings <.\: shade <;truclures
tlll' 1(1 \t:'ars
\'illage elf \\<..'IJington Ro)s & C;irb Club Project Dale: 12ll)7 Bid C0ntract # 08-051/MM
\'jJI;iP\.' of Wellinpton FOl'cstcri;J p;,jrk Projecl Dale: D3'{)^ Bidder: Rep Services. till'
\ if bpI..' of \\ ell i 11!:!1 011 Pierson [13rk Project Da!e: D6'07 902 \\';J!crway Place
L(lng\\t\(1d. FI .32750
~rr:?-RJ 1-9658
;Tr ,~j,ttf~..nrT/fS II P!uv{;.rnuf'!{j E'ffl:/)rn(li1 . .,1, i './1' +,'U " '" i.., ! + "~
902 Waterway Place
Longwood. FL 32750-3573
PH. 407-831-9658
FX' 407-834-5366
sales@repaervlces.com
www.repa"rvlcCll.com
March:; 1.2001'
Ms. MaryAnn McGee
Palm Beach County Purchasing
50 South Military TraiJ, Suite 1] 0
West Palm Beach, FL .B4J 5-3] 99
RE: Bid f10g-051 iMM PlaygroundlPark Equipment and Parts Term Contract
Insurance - No Company Owned Vehicles
Dear Ms. McGee:
This let1er is to notify Palm Beach County Purchasing thai Rep Services, Inc. does not have any
company owned vehicles.
Please contact me if there are any questions.
Best Regards,
\C;,~ /'J
L-?-l,_r ----C-
Bill Geary
Vice President
Bid Contract #. 08-05 i/MM'
Bidder: Rep Services. Inc.
902 Waterway Place
Longvo'ood. FJ 32750
.:t07-83 1-9658
Site Amenities - Playground Equipment - Safety Sutfacing _ Shade & Shelters
-~._--
ACORD CERTIFICATE OF LIABILITY INSURANCE I' DATE (MMIOOIYYYY}
,. 03/31!2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~,e)3nder Insurance Agencv HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
:'07' _JDkoul Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
SUlt81[ii
M<l11'and FL 32751 ___. __ ___ _ _ _ __. _-'-"!.~RERS AFFORDING COVERAGE_.__ _ .~AIC # __. __ __
IN",pC[' Rep SerVices, inc 'JSl'!'l',r, Hartiord \n.surance~ompany C!!__the SE __ ,_._
902 Waterway Place _ ''',I R'" [<__TWin City F,i:e Insurance ComPill'\1J~artior(jj. .----- i
Longwoo<i FL 32750,JS,R;:"_ EV'!~ton l~uran_c~C:Qmpa~}'__ ___ _'n _ __ j
, _I_US I~f-F: - -." --- . .-"'--. - -.... -_ '1
r.S'\I~fR [" -----1
COVERAGES
1,,[ POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUCD 10 THE INSlJl<ED NAMED ABOVE' FOR THE POLICY PteRiOn iNDICVE-D N8T\N1'THSTANDING
"NY RFOU:K\:MFN1 TERM OR CONDI'TION OF ANY CON'TRACT OR OTHER DOCUMENT IMTH RESPECT TO INHICH THIS CCRTI"IC" I E MAY BE ISSUED OR
MJ,Y r>ER'lAIN THE INSURAN:r AFFORDED BY THr POliCIE:S DESCRIBfD HERriN !S SUBJECT TC t,[ c THI TER'-'S "x eLUSIONS ",..J:O CONDITIONS OF S\J:';
PDUCIES :.GGRfGATE lIMll S SHOWN MA Y HAvE BEEN REDUCED BY PAID CLAIMS I
iN5R1A,DO:C-- . ,,------ -- --I'-'---;~UMBE;- ..- POLICY EFFECTIVE IPOUCYEllPIRATIONr--- --.-..-,- -~MIT~--' -
GENERAL LIABILITY =,"Dc ~CCURRENCE $ 1,000,000
A i!~'~.:: )~MfRCIAI/;f"E';8.;, ,If'8IL1Y 21 SBABK3355 ' 08101107 ' 08101108 : w~~~1tf~9;:E~;~5r~n-e -;; 500.000 _ __.
I~ ' j CLl.,IMS M/l,Df '):: U:::CdR , M[:JJ:,':::> ,:Anv one pe~sonJ $ 10,000 _._._
~._ . .~~. __._ _____ _ i PERSONAL & ADV INJL'PY . I $ 1,000,000 ._..
, .----, ----~- I : GE"ERAlAGGRi9~ is 2.000,000 __._
[ Gc'H '.c,r;Rc~E 11M" "P('l'~< PER I ~_Q[YuC1S. CaMP/Or "GG I S See Below _"_"''''
) x j POll~':Y I I P~p~ I : LOC ! j :
,-AUTOMOBILE LIABrllTY I COMBINED SINGLE eM' ~ 000 000 I
A ~_! r,r<' "w'~ 21 SBABK3355 08101107 108101108 lEa ace,oeol) .-;'---.-:..----1
__; Al: OVVNED AUTOS BOOll'r :NAIR" ~
i C;'"Hr- """JLFD t.; ITr,c (Der person) ~ 1
--j ,', -,' ,h ~,' __ 4
2-~ HI',I-!, t.,L'::Y-; B:10:L" It~JLJRY ... !
! '1. ! NL)N nWtJr-:: "'\..';.....,5 ('Jer aCCI'Jent' - I
,": - . ._--,- "">------,, --,
.. ---- - --- -_.-~ : 1:~?:;~a,..e't~~AMAGE ~ ~
GARAGE L1ABIUTY I ALj':"O 8Nl Y . EA ACCIDE:t~: ! 1:
,-= ...~~'. AUT(' f c.;THER THM~ E-A ACe $ _____,~.~~.=_~-
: I A,V10 ONLY "GG S
I EXCESS/UMBRELLA LIABILITY eACH ()::::U~RENCE ! $ 1,QOO,OOO
A ,.~ 'X:.'" ~'--l CLAIMSMAI)[ 21 SBABK3355 08101J07 08101108 LA.Q~REG"TE -~~ 1,000,000 '---
~ ,I I Prodl1ct~.!.f.Q!!!fl:~_ i t Excluded ---
( Df:OUC1HJLf I -----J..2____"
~R[;rI;!'llN ~10.000 ' s
WOI'lKERSCOMPENSATIONANO I' ~{,;~i::;;'~~ I ~l'"-
B EMPLOYERS'lI...BIUn' 21WECRT4859 05/17/07 05117108 '" E":H "CCIOENT , . 1.000,000 ----,
AN'r ~)HOPRIETOR/PARTNER/EX:CU1IVl: ' ~----- I ~
(Of 'ICHlIMEMBfP tXCLUOFO' , F L O'SEASE - EA EMPlO'([9.$ 1,000,000 ".._
~6~~.l~~sg~bo~sf(~~s belllW l \ ' F i OISEA.Sf:: P8LlCY LIMit: $ 1,000,000 i
~"'--""'j
OTHER I :
C : Products & Completed Operations : SP 809705 07125/07 07125108 Each Occurrence $1,000,000 '
I A ore ate $1,000,000 t
DESCRIPTION OF OPERATIONS i LOCA TrONS I VEHICLES I EXCLUSIONS AODEO BY ENDORSEMEN1/ SPECIAL PROVISIONS Rid Contract # 08-051 IMM '..__In.
CertiflcateHolder is reflected as an additional insured Bidder: Rcp Sen ice,> inc.
Agreements 05074,100068,555010 (, ()~ \\. PI
),": 'all.:r\\<1\' ace
c __. "40 n7ne; 1 . >l1\2,\\ c){)d. i i~=-'::()
:3X Jt. -L ct...... l" '-
\11~.8~: ljh~g
CERTIFJCA TE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA nON
F'alm Beach County Board of County Commissioners DATE THEREOF. THE ISSUING INSURER WilL ENDEAVDR TO MAIL ,,~ DAYS WRITTEN
C/O PurcMstng Dept.- ATTN. Connie BaKer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT "AlLURE TO 00 SO SHALL
50 S Military Trail, Suite 110 IMPOSE NO OBLIGATION OR lIABlllT'l Of "N~ KINO UPON THE INSURER, ITS AGENTS OR
West Palm Beach FL 33415 REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE '''-'1' , <MF>
. :"'::;'~~--~..
ACORD 25 (2001/08) 'C) ACORD CORPORATION 19B!!
IMPORT ANT
If the certificate holder IS an ADDITIONAL INSURED the pohcy(les) must be endorsed A statement
on this certificate does not confer fights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain pohcles may
require an endorsement A statement on this certificate does not confer fights to the certificate
holder In lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse Side of thiS form does not constitute a contract between
the IssUIng Insurer(s) authoflzed representative or producer. and the certificate nolder. nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the poliCIes listed thereon.
ACORD 25 (2001108)
"" I Certificate of Registratio~l DH
R. ('l~',),j
Issued Pursu<Jnt tn Chapter :'12 FlomlCl Statutes
. i \ ..
. ( <I f '; 'r ~. j
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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 1, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 D March 3, 2009 February 17, 2009 (Noon)C !!
December 15, 2008 (Noon) 2~
\.0 -1f,':,'
o March 17, 2009 :J:: ~~
o January 20, 2009 January 5,2009 (Noon) '''.m March 2, 2009 (Noon) :Do
:::0 "'"
- i:;s
o February 3, 2009 January 19,2009 (Noon) C8] April 7, 2009 March 16,2009 (Noon) 0'\ ::.$,-<:
.." ~!i
:z -
D Announcements/Presentations 0 City Manager's Report N
..
D D -
NATURE OF Administrative New Business Q
AGENDA ITEM D ,. ,
C8] Consent Agenda Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing 0
RECOMMENDATION: A motion to approve a contract award to TDI INTERNATIONAL INC. d/b/a TDI GOLF of Stuart
Florida, Bid#035-2910-09/CID "Championship and Practice Putting Greens Resurfacing Project at the links at Boynton
Beach" in the amount of: $180,646.61 plus a 10% contingency of$18,064.66 for a total expenditure of: $198,711.27.
EXPLANATION: On March 12, 2009, Procurement Services received and opened nine (9) bids. The Bids were reviewed
by Golf Course staff and it was determined that TDI International, Inc. d/b/a TDI Golf was the lowest, most responsive
responsible bidder that meets all specifIcations. TDI Golf is a well known company having completed multimillion dollar
renovations at the Bear's Club, Lost Tree Golf Club, Pembroke Pines Golf Course and Miami Beach Golf Club. Scott
Wahlin, Golf Course Superintendent, concurs with this recommendation per memo attached.
PROGRAM IMP ACT: The purpose of this bid was to seek a contractor to provide the materials, labor and equipment for
the resurfacing of the Championship Course Putting surfaces including the practice putting green and the chipping green at the
Links of Boynton Beach.
FISCAL IMP ACT: The funds are allocated in the FY2008/2009 budget as follows:
Account #: Expenditure:
411-2911-572-63-01 $198,711.27
ALTERNATIVES: If we were to leave the greens as they are it would severe
revenues in excess of $200,0 0.00 from May through November.
~~ -
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Scott Wahlin - Golf Course Superintendent
Dan Hager- Golf Operations Manager
File
i
I RESOLUTION NO. R09-
1
2
3 A RESOLUTION 0:1" THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD AND
5 EXECUTION BY THE CITY MANAGER AND CITY
6 CLERK OF A CONTRACT TO TDI INTERN A TIONAL
7 INC. D/B/A TDI GOLF, FOR BID #035-2910-09/CJD,
8 "CHAMPIONSHIP AND PRACTICE PUTTIN G
9 GREENS RESURFACING PROJECT AT THE LINKS
10 AT BOYNTON BEACH", IN THE AMOUNT OF
11 $180,646.61 WITH A CONTINGENCY OF 10% IN THE
12 AMOUNT OF $18,064.66 FOR A TOTAL BUDGET
13 APPROPRIATION OF $198,711.27; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, on March 12. 2009. Procurement Services received and opened nine
18 (9) bids in response to #035-2910-09/CJD for "Championship and Practice Putting Crreens
19 Resurfacing Project""; and
20 WHEREAS, the bids were reviewed by Golf Course staff and it was determined
21 that TDI International, Inc, d/b/a TDI Golf was the lowest most responsive responsible
22 bidder that meets all specifications; and
23 WHEREAS, the City Commission of the City of Bovnton Beach upon
24 recommendation of staff, deems it to be in the best interest of the citizens of the Cil) of
25 Boynton Beach to award and authorize execution of a contract to TDI International. Inc.
26 d/b/a TDI Golf for Bid #035-2910-09/CJD, in the amount of $180,646.61 with a
27 contingency of $18,064.66 for a total budget appropriation of $198,711.27.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
S \CA\RESO\Agreements\Bid Awards\Award Contract to -1 01 lntematlonal doc
1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution by the City Manager and City Clerk
3 of a contract to TDI International, Inc, d/b/a TDI Golf for Bid #035-2910-09/CJD, in the
4 amount of $180,646.61 with a contingency of $18,064.66 for a total budget appropriation of
5 $198,711.27, a copy of which is attached hereto as Exhibit "A".
6 Section 3. This Resolution shall become effective immediately upon passage.
7 PASSED AND ADOPTED this _ day of April, 2009.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12 Mayor - Jerry Taylor
13
14
15 Vice Mayor - Jose Rodriguez
16
17
18 Commissioner - Ronald Weiland
19
20
21 Commissioner - Woodrow L. Hay
22
23
24 Commissioner - Marlene Ross
25 ATTEST:
26
27
28
29 Janet M. Prainito, CMC
30 City Clerk
31
32
33
34
35 (Corporate Seal)
36
SICAIRESOlAgreementslBid AwardslAward Contract to TDllnternational.doc
MEMORANDUM
To: Carol Doppler, Purchasing Agent
From: Scott Wahlin, Golf Maintenance Manager
Cc: Dan Hager, Golf Operations Manager
Re: Bid Award Recommendation for ITB# 035-291 0-09/CJD
Date: March 12, 2009
We received nine bids for the Championship and Practice Putting Greens
Resurfacing Project at the Links at Boynton Beach ranging from $180,646 to
$298,950. The lowest bidder, TOI International, Inc. of Stuart, Florida d/b/a TOI Golf
bid $180,646.61. Therefore my recommendation is to award this contract to TDI Golf
with a 10% contingency of: $18,064.66, for a total of $ 198,711.27. We budgeted
$300,000 for this project in the current budget year.
The account for this is: Course Improvement 411-2911-572-63-01. The funding for
this project came from capital improvement fees we charge each golfer who pays
$1.88 per day. This money is to be spent on capital improvements by resolution.
TOI Golf is a well-known company having completed multimillion dollar renovations at
The Bear's Club, Lost Tree Golf Club, Pine Tree Golf Club, Pembroke Pines Golf
Course and Miami Beach Golf Club.
Our Championship Course greens were built to USGA Specifications in 1993. These
greens should be resurfaced every ten to fifteen years because of organic build up
that changes the drainage characteristics of the green. In addition, the grass itself
mutates and/or becomes contaminated with off-type grasses that do not putt well.
This project will resurface these greens as well as provide for a greatly enlarged
putting green, an upgraded chipping green and the expansion of one of the tee pods
on the course.
The alternative to this is to leave the greens as they are. This would require
aggressive cultural practices to be performed in the summers to improve drainage
and assure a good putting surface in the winter. These cultural practices would
severely disrupt play and would likely reduce revenues in excess of $200,000 from
May through November. We would overseed the greens in November, which would
provide an acceptable surface from December through April. Our reputation would
suffer year-round.
1M~
Scott B. Wahlin, CGCS
CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA
RESPOIISlYE,}II!,~SIBLE BIDDER llIIO IlEIlTS "' L SPECUlCATIORS***** \).J~
ur hasing Agent Manager of ' Go f Operations
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS Dan Hager
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12,2009 received timely as of the above receiving date and time,
BID: DUE TIME: 11 :00 A.M. All other offers submitted in response to this solicitation,
BID # 035-2910-09/CJD , ..x- ~ ~ ~ ~ ~ if any, are hereby rejected as/ate"
VENDORS I UI IntematiohaJ,lnc. Titan Golf Services, LLC Total Golf Construction, Inc.
321 E. Osceola Street 13720 Jetport Commerce Pkway #13 4045 43rd Ave.
Stuart, FL 34994 Ft. Myers, FL 33913 Vera Beach, FL 32960
Attn: Geoffrey C. Corlett Attn: Brad Moretti Attn: Jeff Brewster
Telephone: 772-286-6822 Telephone: 239-415-3695 Telephone: 772-562-1177
Fax: 772-286-2855 Fax: 239-415-0126 Fax: 772-562-2773
ORIGINAL & THREE COPIES SUBMITTED Yes Yes Yes
ADDENDUM #3 SUBMITTED Yes Yes Yes
ADDENDUM #2 SUBMITTED Yes Yes Yes
ADDENDUM #1 SUBMITTED Yes Yes Yes
GRAND TOTALS FOR ITEMS I - IV $180,646.61 $228,200.00 $266,645.00
SECTION I RESURFACING $120,000.00 $177,000.00 $182,000.00
SECTION" INSTALL PUTTING SURFACE $42,600.00 $32,400.00 $63,000.00
SECTION III PRACTICE BUNKER $15,273.12 $16,800.00 $17,565.00
& CHIPPING GREEN
SECTION IV RESHAPE & EXPAND #4 $2,773.49 $2,000.00 $4,080.00
WHITE TEE
CALENDAR DAYS 33 31 30
5% BID BOND SUBMITTED Liberty Mutual Ins. Company North American Specialty Ins. United Fire & Casualty
Company Company
CHAMPIONSHI:;~'~RACTICE PUTTING GREENS RESURFACING ?:WJECT AT THE LINKS AT BOYNTON BEACH '.'
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12,2009 received timely as of the above receiving date and time.
BID: DUE TIME: 11 :00 A.M. All other offers submitted in response to this solicitation,
BID # 035-2910-09/CJD if any, are hereby rejected as late"
VENDORS TDllnternational, Inc. Titan Golf Services, LLC Total Golf Construction, Inc.
321 E. Osceola Street 13720 Jetport Commerce Pkway #13 4045 43rd Ave.
Stuart, FL 34994 Ft. Myers, FL 33913 Vero Beach, FL 32960
Attn: Geoffrey C. Corlett Attn: Brad Moretti Attn: Jeff Brewster
Telephone: 772-286-6822 Telephone: 239-415-3695 Telephone: 772-562-1177
Fax: 772-286-2855 Fax: 239-415-0126 Fax: 772-562-2773
--
STATEMENT OF BIDDERS QUALIFICATIONS Yes Yes Yes
SUBMITTED -- f-------- --
BIDDER'S SITE INSPECTION Yes/ No Signature Yes/No Signature Yes/Not Signed
SUBMITTED
-- -_. ~.__.~ . .-."--- .- .-.---...---
NON-COLLUSION AFFADAVIT SUBMITTED Yes Yes Yes/no seal
_.,,-- --
ANTI-KICKBACK AFFIDAVIT SUBMITTED Yes Yes Yes
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Business Yes/Not a Minority Owned Yes/Not a Minority Owned
BUSINESS SUBMITTED Business Business
_~._O"__,_ -- ...- ------",- . -_."--".""..,,.,,--
CONFIRMATION OF DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
-- .. ,~~ -- ,.--><--- ___","m._
SCHEDULE OF SUBCONTRACTORS Y es/NA Yes Yes
SUBMITTED
.-- "8~___ -....--..".-......-
TRENCH SAFETY AFFADAVIT SUBMITTED Yes/NA Yes/NA Yes
..". -"-,,.,,-..- _"",,,,' -",,""'-'-'---"'''' '-"'-"- '~-'- ~-----" _._-~-~~,,- "__~~.__.._,_,_.,.,.'.h ._.o._,_.._._..~.....,.".....,_._~_
SAFETY PROGRAM COMPLIANCE Yes Yes --=---- -~
SUBMITTED
".~---~_._-~--"."---"-~~'--~-~..
EVIDENCE OF LICENSES Yes Yes Yes
i
.~._-- ._~-----~-~-" -,,~"."--'-""---' .._"---~~--_..- j
HORIZONTAL BAR CHART SUBMITTED Yes Yes Not Submitted ,
ICOMMENTS .._-~- --~~-~",,-_.,- _"_~'_____'_"___ .u~,,_,~,~_,,_~~" "......--.-- f----............ .....--..----...-...... .............. "1
,.: i.\MPIONSHIP PRACTICt: PUTTiNG GREENS ,:SURF-. .. .NG PROJECT AT THE LINKS AT BO\: nON BEACH
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12,2009 received timely as of the above receiving date and time.
BID: DUE TIME: 11 :00 A.M. All other offers submitted in response to this solicitation,
BID # 035-2910-09/CJD if any, are hereby rejected as late"
VENDORS Briggs Golf Construction, Inc. Detailed Sports Turf Canst., Inc. MacCurrach Golf Canst., Inc.
13636 150th Court 9142 SE Pomona Street 3501 Faye Road
Jupiter, FL 33478 Hobe Sound, FL 33455 Jacksonville, FL 32226
Attn: Roy Briggs Attn:ThomasJ.Morrow Attn: Hamish MacLean
Telephone: 561-575-2338 Telephone: 772-546-8013 Telephone: 904-646-1581
Fax: 561-743-7999 Fax: 772-546-6207 Fax: 904-646-0996
ORIGINAL & THREE COPIES SUBMITTED Yes Yes Yes
ADDENDUM #3 SUBMITTED Yes Yes Yes
ADDENDUM #2 SUBMITTED Yes Yes Yes
ADDENDUM #1 SUBMITTED Yes Yes Yes
GRAND TOTALS FOR ITEMS I - IV $249,600.00 $219,650.00 $298,950.00
SECTION I RESURFACING $181,000.00 $133,650.00 $230,000.00
SECTION II INSTALL PUTTING SURFACE $57,600.00 $58,200.00 $54,000.00
SECTION III PRACTICE BUNKER $10,000.00 $19,500.00 $9,900.00
& CHIPPING GREEN .
SECTION IV RESHAPE & EXPAND #4 $1,000.00 $3,650.00 $5,050.00
WHITE TEE
CALENDAR DAYS 53 30 32
5% BID BOND SUBMITTED Western Surety Company Dev. Surety Indemnity Company Ohio Farmers Ins. Corp
.~: CHAMPIONSHIP"><:'Tt4CTICE PUTTING GREENS RESURFACING i"'::;ZOJECT AT THE LINKS AT BOYNTON BEACH
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12,2009 received timely as of the above receiving date and time.
BID: DUE TIME: 11 :00 A.M. All other offers submitted in response to this solicitation,
BID # 035-2910-09/CJD if any, are hereby rejected as late"
VENDORS Briggs Golf Construction, Inc. Detailed Sports Turf Const., Inc. MacCurrach Golf Const., Inc.
13636 150th Court 9142 SE Pomona Street 3501 Faye Road
Jupiter, FL 33478 Hobe Sound, FL 33455 Jacksonville, FL 32226
Attn: Roy Briggs Attn: Thomas J. Morrow Attn: Hamish MacLean
Telephone: 561-575-2338 Telephone: 772-546-8013 Telephone: 904-646-1581
Fax: 561-743-7999 Fax: 772-546-6207 Fax: 904-646-0996
STATEMENT OF BIDDERS QUALIFICATIONS Yes Yes Yes
SUBMITTED .,
- ---- -
BIDDER'S SITE INSPECTION Yes Yes/not signed Yes/Not signed
SUBMITTED
- --.. ..-
NON.COLLUSION AFF ADAVIT SUBMITTED Yes Yes Yes
---- - "
ANTI.KICKBACK AFFIDAVIT SUBMITTED Yes Yes Yes
,.
CONFIRMATION OF MINORITY OWNED Yes/Yes/Woman Yes/Not a Minority Owned Business Yes/Not a Minority Owned Business
BUSINESS SUBMITTED
-....- -..--.... ..._-,...-. -~-_.,.,.<.~~~~....,- ~--~~~~.~~_.. ___'h......... . "'_'__
CONFIRMATION OF DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
--- ~- ---. ....-.- -...... "---'-' ...-.- -...-"...... "__,_M__. .-
SCHEDULE OF SUBCONTRACTORS Yes/N/ A Yes/NA Yes/NA
SUBMITTED
-,--~-_.- .. " --".- ---,_..~.~~".~ .-
TRENCH SAFETY AFFADAVIT SUBMITTED Yes Yes/NA Yes
........,........."'.....- --",'" ...."......,...."..... .-'"--''---''' _.__.__._~ ...--".--- .' . ..".-"".........-
SAFETY PROGRAM COMPLIANCE Yes Yes Yes I
SUBMITTED 1
. ...- ..._.____'._."N.__." .... _.-------- ~~-_..._,--_.
EVIDENCE OF LICENSES Yes Yes Yes
.".- ~ --- ---~-~- ." .!
HORIZONTAL BAR CHART SUBMITTED Yes Yes Yes ,
I
i
--" ~~_.-.,_.~,_. .....- ... .-~'~~.~~ -'-'..-...--_.~-~--"'---"'-'" - ~- ....".",,, .- !--".. ..--- -..... I
.-!
COMMENTS Additional cost for Bid Bond i
v' . APIONSHIF PRACTICE: f'U i liNG GREENS R~ ':,URr .",ING PROJEC rAT THE LINKS AT BOY: ',TON BEACH
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12,2009 received timely as of the above receiving date and time.
BID: DUE TIME: 11 :00 A.M. All other offers submitted in response to this solicitation.
BID # 035-2910-09/CJD if any, are hereby rejected as late"
VENDORS Highland Golf, Inc. QGS Development, Inc. Sports Turf One, Inc.
303 South Feagin Ave. P.O. Box 108 9819 State Road 7
Avon Park, FL 33825 Lithia, FL 33547 Boynton Beach, FL 33472
Attn: J.A. Marstine Attn: Jim Armstrong Attn: William Gillan
Telephone: 863-452-2215 Telephone: 813-634-3326 Telephone: 561-369-7994
Fax: 863-452-5227 Fax: 813-634-1733 Fax: 561-364-1118
ORIGINAL & THREE COPIES SUBMITTED Yes Yes Yes
ADDENDUM #3 SUBMITTED Yes Yes Yes
ADDENDUM #2 SUBMITTED Yes Yes Yes
ADDENDUM #1 SUBMITTED Yes Yes Yes
GRAND TOTALS FOR ITEMS I - IV $217,866.00 $213,651.99 $183,012.00
SECTION I RESURFACING $144,000.00 $135,000.00 $118,232.00
SECTION" INSTALL PUTTING SURFACE $55,200.00 $53,520.00 $44,000.00
SECTION 11/ PRACTICE BUNKER $14,446.00 $16,985.64 $15,508.00
& CHIPPING GREEN
SECTION IV RESHAPE & EXPAND #4 $4,220.00 $8,146.05 $4,872.00
WHITE TEE
CALENDAR DAYS 30 30 25
5% BID BOND SUBMITTED United Fire & Casualty Compo Great American Ins. Company Developers Surety & Indemnity
Company
STATEMENT OF BIDDERS QUALIFICATIONS Yes Yes Yes
SUBMITTED
.; {;'-:....: CHAMPIONSHIP PRACTICE PUTTINO!:';{~EENS RESURFACING PROJECT AT THE L1~~1(3 AT BOYNTON BEACH
BID: CHAMPIONSHIP AND PRACTICE PUTTING GREENS
RESURFACING PROJECT AT THE LINKS AT BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: MARCH 12, 2009 received timely as of the above receiving date and time.
BID: DUE TIME: 11:00 A.M. All other offers submitted in response to this solicitation,
BID # 035-2910-09/CJD if any, are hereby rejected as late"
VENDORS Highland Golf, Inc. QGS Development, Inc. Sports Turf One, Inc.
303 South Feagin Ave. P.O. Box 108 9819 State Road 7
Avon Park, FL 33825 Lithia, FL 33547 Boynton Beach, FL 33472
Attn: JA Marstine Attn: Jim Armstrong Attn: William Gillan
Telephone: 863-452-2215 Telephone: 813-634-3326 Telephone: 561-369-7994
Fax: 863-452-5227 Fax: 813-634-1733 Fax: 561-364-1118
Yes/Not signed --
BIDDER'S SITE INSPECTION Yes/Not signed Yes/Not signed
SUBMITTED
~~.,,~ - - ..---
NON-COLLUSION AFFADAVIT SUBMITTED Yes Yes Yes
- ---"---"-~-"'. ". ._.~ -
ANTI-KICKBACK AFFIDAVIT SUBMITTED Yes Yes Yes
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned Yes/Not a Minority Owned
BUSINESS SUBMITTED Business Business Business
~_~u .__ . ~_._._,____r'~~ ._..____
CONFIRMATION OF DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
.. Yes/NA Yes Yes .----
SCHEDULE OF SUBCONTRACTORS
SUBMITTED
... .. --"--'.~ ,.-... - '---d. _. ""u.____ ~-,.,----""-'.- " -"
TRENCH SAFETY AFFADAVIT SUBMITTED Yes Yes Yes/NA
-- f-----... " .." ... -" ......-
SAFETY PROGRAM COMPLIANCE Yes Yes Yes 1
SUBMITTED
_.,~~--_.~-_..'.'-~'-~"-_."" ~ ..--,.-.-...--.....- ",'-"~-<--" .... .. ,"--..."- ~--_...- ---_..,,--_.
EVIDENCE OF LICENSES No Yes Yes
~'---~-~--"'-'
HORIZONTAL BAR CHART SUBMITTED Yes Yes Shown in calendar format
I
ICOMMENTS -.,,--.----.......-...-- -- _. .."---""....._--,,..-.. .- f--- J,
~
1
, 1
I
~HAMPiONSr1if-' fJj-{AG] ,I ~: PUrriNG GREENS RESURF-,.,~ING PROJEC 1\ \ fHE LINKS AT BOYNTON BEACH
BID TITLE: "CHAMPIONSHIP AND PRACTICE PUTTING GREENS RESURFACING
PROJECT AT THE LINKS AT BOYNTON BEACH"
BID NUMBER: 035-2910-09/CJD
PROJECT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
TillS CONTRACT, made and entered into this 7th day of April. 2009. by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and TDI International. Inc. d/b/a TDI Golf
a Florida Corporation ~ Check One
a Florida General Partnership L-J
a Florida Limited Partnership L-)
a Sole Proprietor L-)
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:
Championship and Practice Puffin!! Greens Resurfacin!! Project at the Links at Bovnton
Beach
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11th dav of March. 2009. for the total bid amount of $180.646.61;
and,
WHEREAS, On the 7th dav of April. 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 33 calendar days 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:
C - 1
Rev. 12/30/03
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 ofthe 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 othelWise 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:
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. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
CA2 Rev. 12/30/03
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditio~s contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
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 with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in 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, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05, Florida
Statutes, if 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.
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
CA3 Rev. 12/30/03
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 of the 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 33
calendar days thereafter.
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
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
CA4 Rev 12/30/03
as unfit.
6. LIQUIDATED DAMAGES
6.l. The CONTRACTOR further agrees to pay $3.000.00 per dav 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 33
calendar days from the Commencement Date 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 are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final fuspection, 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 CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
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
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
CA5 Rev. 12/30/03
consideration in the amount of ten dollars ($10.00) sufficient to support 1h1',
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 ancJ
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 msurance
provIsIOn contained III the General Conditions for Construction are nol
interdependent of each other, but rather each one is separate and distinct from Ihe
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.I. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or
Change Order shall be authorized by the Project Manager if the Contractor has
added language to the Field Change Directive or Change Order or to any cover
letter, e-mail, 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.
10.2. All 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
CA 6 Rev 12/30/03
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 Project Engineer ("Engineer") IS Scott Wahlin. Golf Course
Superintendent.
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 CITY
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 ofthe Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his 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.
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 CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
CA 7 Rev. 12/30/03
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times oj
performance and completion of the work are for the purpose of enabling the ern
to complete the construction of a public improvement in accordance with "
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 proj ect 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 LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made III
accordance with the General Conditions for Construction GC-23. EXTENSION
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 Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
CA g Rev J 2/30103
appointment of a mediator.
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 )
) sis:
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:
- CA9 Rev. 12/30/03
Rebuild or
Resurface
Greens 111USt be rebuilt
every 15 to 20 years, even
those of USGA 111ethod
constructio11 - or do they?
BY BUD WHITE
T;' ,,,,hi,,,, h" mmpl",d tho greon
. complex reconstruction plans, including
the long-range plan for the entire golf
course. The grass variety has been chosen for the
putting mrf.1Ces. A high-quality sand has been
identified and the rootzone mix has been evalu-
ated by an accn.-dited lab. Bids have been put out
Jnd returned, and a contractor has been selected.
Rebuilding the greens w111 cost $655,000, and
they will be dosed tor about nine to ten months.
Many courses have undergone this process, but
III this case, did the course otriciah consider resur-
tacing instead of rebuilding? This is a fair question,
and resurfacing may be a feasible alternative.
Nearly aJJ golf courst~ eventually face the
decision of renovating greens to improw pL1Y-
.1bility and agronomic performance. ,'v1any
courses today are confronted \"ith this dilenlma,
even \vith 10- to 20-year-old greens built to
USGA guidelines. A resurfacing option may be
available {or these courst'S, costing as little a, 20'hl
of the cost of total rebuilding. Although total
reconstruction is otten the mind"et, it is not
always necessary.
Research has shown that greens built to the
USGA method maintain their original integrity
hc!ow" about the 4-inch depth many years after
Lunstruction. It is the upper 3- to 4-inch zone
that undergoes a drastic change in composition in
the field with age. An increase in silt and clay
trom topdressing, wind movement, or sometimes
through dissolved solicis in Irrigation water.
creates this change in the upper zone. Organic Careful observation and testing are needed to determine
m<ltter (OM) buildup, howc.ver. is the primary
dfen that leads to poor infUtration. a tendency whether a green must be rebuilt or only resurfaced
tClr black layer, increased alt,.rae on the surface,
-
.
intact, the club can choose the option of green melles. The results help deterl11me if the green
resurfacing instead of filll renovation to restore protile is functioning properly and If it still 111t..'ets
the bTfCcns back to their original condition. guidelil1e~ below a ccrtain dt..'pth. TIm is ;\ll
This l'xplaim why rigorom aeriticatio!l and excellent rest tCl!" track.lll~ the ;l!:in~ pron's, oj
topdressing is so vital to the health and life of greellS .
rurf and greens. Properly done, aerificatioll can Along with the undisturbed core samples. tht...
lCllbttben the IIst;[Illlitc and performance of a ,uperintclldent lllust send a sample of the sand
grt'en.The newer bentgrass and bermudagrass expected to be used tor tl1l' resurtacing. Ideally,
putting green grasses product.., substantially more the sand source will be the same one used when
thatch and require more at'ratiOH. When organic the greens wen: constructed. but this IS otten nor
matter accmuulation becomes unmanageable. the case. It'there are questions aboll{ sand quality.
resur6cing or reconstnlction is necessary or If a (OllP;e IS shopping tor dIfferent sand sourCt'S
During the renovation decision process, it !c}r prine'. then Illultipk samples can be sent to tht'
is important that greens be evaluated !()r external lab tor e\'alllation. f\ gallon of each sand should
gro\\lllg conditions, because recomtrllctJon alone be St'nt. along \\lth ,J lettt'r of explanation regard-
\\111 not solve a problem such as poor air circula- ll1g your resurt:Jcing plan. Contact the lab director
cion or exn:ssive shadt'.Th(' Grall .';ca;r'Jl Record prior n, Sellc1Jng the s.unples Sl)
article "Helping Yom Greens Make the Grade," lwlshe I, aware of your projl'lt.
by Jim Moore, March/April 1998, which can Lx' and provide some history and
accessed online at http://wWVJ.usga.org/turU- background to assist with the
;lrticles/ construction! weens! n take the grade.html, t'valuation proo:s~. The lab will
is an excellent scorecard that should be utilized also provide sampling recol11-
on difficult green sites to make sure aU external lllcndariollS and shipping details.
ClClOrs are addressed. An important t;lccor is the The proper procedure for
adequacy of the greens' irrigation systt:m, which sampling sand, as for any mot-
often is lacking. zone or topdT/..'Ssing material, is
Detailed testing is an essenti;ll investment in detailed in the "Quality COI1O'ol
rime and lab costs to ensure successtul renovation. Sampling" brochure. available
This procedure monitors the aging process of the through your USGA Green
roootzone and evaluates the effectiveness of the Section office. Good quality
aerification and topdressing program, Test holt's control is essential fOr establishing
dug in existing greens can measure the function tbe initial sand quality, and regular
of the gravel blanket and check water flow monitoring must he carried out
through tbe drainage system. This also helps as loads are delivered throughout
locate the exhaust end of the drainage system if tIlt' renovation process.
all outleL<; have not been found.
It is best to dig this test pit in the high side of a GREEN REDESIGN
green so the deanIillt.'Ss of the gravel blanket can In the pa.<;L it ".;as C0I1U110n for architects to utilize Undiswrbed soil core
be checked as w~lter works its way through the the rootzone mix instead of the sub-base for Sllr- samples help determine
I) if the green profile is
gravel blanket, into the drain system. and eventu- !;!Ct' contour design. This pranke does not adhere functioning properly.
ally out of the drain outfall pipe. to the USC;,I\ method fc)r construction. which 2) if it still meets guide-
rt'qum.'S that the sub-base nurror the tin ish grade lines below a certain
LAB WORKS contour and the roorzolle bt, a t'onsistcnr 12" :t depth, and 3) effeCtS of
Undisturbed soil core samples are taken by 1" in depth. Therefore, rootzone depth validation the aging process. Cores
are taken by driving a 3"
driving a 3-inch pve pipe through tl1e green should be conducted with probes to ensure a uni- PVC pipe through the
protile and gravel blanket and into the subgrade. flml1 rootzOne depth. Only very minor modifi- green profile and gravel
To remove the core, drill 1101t.'S in the top of tht, catiOn>, if any. Gill be mack to soltl'l1 contours blanket and intO the
pipe, put a piece of rebaI' d1rough the holes. and when T(~surfacing. If the goiter, are happy WIth subgrade. The undis-
pull the pipe out of the grt'en. The pipe is then the existing cOlltouring. then the upper ~ to -+ wrbed core is sent to
sealed on both eJl(h and sent to an accrt~dited lab inches of the rootzone mix call be removed and :1 a lab for analysis.
for an ulldi~turbed core evaluation. The lab wiU sand or mixttlre should h' applied, making sure It
tt.'st the profile as it c),.;sts in the field, as \-vell as is comp;1tible with the existing root7.OI1C mix.
the upper 3 to 4 lI1chcs and the lower 4 to ] 2 R.ototilIil1g Ill;!V or rnav not be utilized (discussed
'\ ! L 11 It. J\ 1'."1 J
· 0
'';""
duninate deep layering. Sand is imrodu..:ed ~ to rd1oating. and tirmmg. The new surface can then
10 inches into the profile, versus .3 m 4 inches by be inspected by the architect before planting to
conventional aeration only. insure that th<.' original conto\.lrS are maintained.
. The abow procedure has also been utilized Special :VOIe: The turf on the collar should also
when rt~odding greens. Ideally. the sod is Cllt as be removed as part of the renovation. Sterilizing
thick as possible to remove more of the organic the collar provides a buffer for keeping {loa IlI1I11W,
mat layer. Coordination WIth the sod producer is bcrmudagrass. or other offensive grasses out of
essennal to ensure that the new sod is cut at th,' the gr<.'cn. The collar is also used as a transition. or
'k1l11C depth as the sod bemg removed. After sod tie-in, to the green surrounds and should be as
removal, the surracc is lightly raked tor s111ooth- seamless as possible. This cannot be done at the
ness, sterilized, and the new sod is installed. 6'1"een edge.
. Remove the of!,,:r;mic layer 2 to 4 inches deep. As noted earlier. not aU greens need to bc
depending on the depth of me OM accumula- rowtilled. Many green renovation projects have
rion, and till the created void with the replace- been successful \vith thorough aeration prior to
ment sand. The profile is tilled (I inches deep to sod removaL topdressing to fill the holes, rcmov-
t,'liminate anv layering that mav still exist. This ing the sod, and reinstalling the replacemt'nt sand
'. , '. '.. . .. The collar should be
can be done '1\.11tl.' effectlvel" and umfimnlv bv or sod WIthout any dIsturbance to the motile . j d d . h .
. . . . t me u e Wit putting
removing the upper 4 inches. f()l1owed by install- below th(~ sod layer. Light hand raking prior to green resurfacing to
ing the repl2cemem sand, rototilling the green in new sod installation is needed, of course. Aeration maintain green purity
multiple directions approximately 6 inches deep, IHust be deep enough, however. to completely and a seamless tie-in
to the surrounds.
._~
....... ....
'.
-;....
~ .......
..~
... ,. ~
'~..
~ ' '1
. ,... :.f
-- ~i
If '.,~,
reach through the layer of OM buildup. The OM greater than ~-inch deep. Again, watering must
depth depends on the age of the green, cult.ura.l be included in the process to achieve appropriate
management prnctices, and the growing environ- firmness. To reiterate, collars must be included in
ment, all of which can affect the rate of the sterilization process. This also allows Poa annua
accumulation. and/or bermudagrass to be cleared from the collar
When an area is rototilled, firming and tloating to prolong a weed-free putting surface.
procedures must be implememed to prepare the Total renovation is not the only alternative for
seedbed for planting. Green contouts can be lost improving green quality. Scientific and depend-
withoutcarefWrototilling procedures, and new able method~ are available to evaluate older. yet
surfaces should be inspected and approved by the well built, greens to determine the quality of
architect prior to planting. existing construction. Resurfacing has not been
Consequently. the best method for preserving used frequently in the past, but many courses save
comours "rill have to be considered on an indi- 70% to 80% of "I'hat it would cost for complete
vidual basis. Both of these methods, rototilling or reconstruction.
not rototilling, can be successfuL The lab can assist Moreover, the anticipated nine- to ten-month
with recomtnendations about which method downtime is substantially reduced to four or five
Green conl:Ollf'$ can
be lost without careful
rototilling procedures.
One lTl6thod is to leave
sod strips during
rototllling and sand
replacement to help
maintain the contour
details.
might be better for your greens based on the test months. on average, due to the greatly reduced
perfonnance of the undisturbed soil cores. scope of work. This can significantly reduce
Firming and floating the fini.~hed product is a revenue loss and golfer inconvenience. Your
critical part of the renovation process, just as it is regional USGA Green Section staff agronomist
with new construction. Thorough applications of can help any golf course work through this evalu-
water are needed to maintain good soil moisture ation process and assist with quality control pro-
while firming and floating. Many courses contract cedures during testing and renovation. Knowing
this work out, as a quality golf course contractor the construction quality of your greens and
is k.nowledgeable about the best procedures tor researching renovation alternatives with an
firming and floating greens. If thi.s work is done accredited lab could save your course money
in-house, it is important for the superintendent to and downtime. and create much improved
pay careful attention to preparing a firm and putting surfaces.
smooth seedbed.
A good rule of thumb is to firm and float the
seedbed until the average-size person can ,valk BUD WHITE is a senior agrONomist in the Green
across the green \vithout leaving a footprint Section:r Mid-Continent Region.
6 GREEN !'>ECT10N Rf'C()kU
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
D December 16, 2008 December I, 2008 (Noon) D February 17, 2009 February 2,2009 (Noon) ~~
0 f
\.0 ~' ,,-./
D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17, 2009 (Noon) 5! &
;:0 c:;)-.,
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon) - i;
1'0'
- ;:.... -<
C8J April 7, 2009 ~~
D February 3, 2009 January 19,2009 (Noon) March 16,2009 (Noon) ~ ,.\
en
N ~
..
D D en
AnnouncementslPresentations City Manager's Report ~
>".
NATURE OF D Administrative D New Business
AGENDA ITEM C8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: A motion to award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND
DRUG SUPPLIES" Bid #040-1412-09/JA, to various vendors with an estimated expenditure of$155.000.00.
CONTRACT PERIOD: FEBRUARY 18,2009 TO FEBRUARY17, 2010.
EXPLANATION: This a joint Bid, (Bid #2009-04) with the City of Delray Beach, Florida, who is acting as the lead
agency. On December 22, 2008 the City of Delray Beach opened and tabulated seven (7) proposals. On February 17,
2009 their Commission approved the multi-award for this bid. The multi-award recommendation is based on low bid
price per product grouping. The three (3) companies recommended for award are the lowest, most responsive, most
responsible bidders who met all specifications; all have supplied product satisfactorily in the past. Agenda request
and award recommendation letters are attached.
The provision of this bid will allow for a one (1) year extension at the same terms and conditions, and prices subject to
vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to obtain firm prices for the purchase of Medical and Drug
Suppliers for the Fire Department. These supplies are ordered on an "AS NEEED BASIS", and will be stocked in the
City's Warehouse.
ESTIMATED
FISCAL IMP ACT: ACCOUNT NUMBR: ANNUAL EXPENDITURE:
502-00-141-01-01 $155,000.00 (Increase due to new
Fire Station No#5)
Last Year's Expenditure: $125,000.00
AL TERNA TIVES: The City could do their own competitive bid, but typically higher quantities result in lower
prices from the vendor. Therefore a joint bid is more cost effective. Another alternative would be to go out for quotes
every time order is placed, which is time consuming for staff.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
r~) tJ:iJt ~
,
Department Head's Signature City Manager's Signature
~~
Procurement Servi es ___.u_u
Distribution List: Michael Dauta - Warehouse Manager
Michael Landress - EMS Chief
Amy McDeavitt - Fire - Assistant to the Chief
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO: Carol Doppler, Purchasing Agent
FROM: Michael Dauta, Warehouse Manager
CC: Barry Atwood, Director of Finance
DATE: February 19,2009
SUBJECT: CO-OP City of Delray/City of Boynton Beach Medical Bid
# 2009-04
Please go to commission for the CO-OP City of Delray/City of
Boynton Beach Medical Bid # 2009-04. This bid was approved by the
commissioners of Delray Beach in January. This bid is utilized to purchase
EMS supplies for our Fire department. Last year's expenditures were
$125,000. This year's expenditures are estimated to be $155,000 with the
addition of Fire Station 5. If you have any questions please call me at 6324.
I:IT' IF DELIA' IEAEH
DElRAY BEACH
" L 0 . , g '" 1 00 N.W 151 AVENUE . DElRAY BEACH. FLORIDA 33444 . 5611243-700C
~
A1l-Amerlca City
, III'!
1993 February 18,2009
2001
Richard Baez, Bids & Contracts GnU COPy
Quadmed, Inc.
11210-1 Philips Industrial Blvd.
Jacksonville, FL 32256
REF: Bid #2009-04
Medical & Drug Supplies - Annual Contract
Dear Mr. Baez;
The Delray Beach City Commission, on February 17, 2009 approved of the award of the annual contract for Medical and
Drug Supplies to various vendors. This is a joint bid with the City of Boynton Beach.
Term of the contract sbaI1 be from February 18, 2009 to FebIUaIy 17, 2010. The City Manager may renew the contract, at
the same terms, conditions, and prices, ONE consecutive term(s) of ONE year(s) subject to vendor acceptance,
satisfactory perfonnance and determination that renewal will be in the best interest of the City.
Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the term of the Contract from
each participating entity of this co-operative bid.
Groups awarded to your company are as follows:
Group #1- Airway Management Equipment & Supplies with the exceptions of item (8): 75,76,77,85, and 86
Group #4 - DiagDOStic and Instruments
Group #5 - Splints & Immobilization Supplies & Equipment
Please submit to my attention, City of Delrny Beach, Purchasing Division, we would like to thank you for your interest in
the City of Delray Beach.
If you have any questions in regards to this matter, please call me at (56l) 243.7163.
~~ ~
~, ~
binson, Sr. Buyer
Cc: Joseph Safford, ~ Director
Patsy Nadal, Purchasing Manager ~
Danielle Connor, Assistant Fire Chi f Administmtion
Victor B. Williams, Acting Division Chief
Carol Doppler, City of Boynton Beach Procurement SeIVices
SERVICE . PERFORMANCE. INTEGRITY' RESPONSIBLE' INNOVATIVE' TEAMWORK
,'. .." ,..
......
I:ITY IF DELHAY IEA[H .. .. .~. .. '.
'.., :
. .
DB-RAY BEACH
. II. 0 . lOA 100 N.W. 1st AVENUE . DEL RAY BEACH, FLORIDA 33444 . 561/243.7000
DIII:d
AlI-Amerlca City
" II J! Febnwy 20, 2009
1993
2001
Jennifer Butler. Bids & Contracts Representative
Bound Tree Medical, LLC
5000 Tuttle Crossing Blvd. 8F1u COpy
Dublin, OR 43016
REF: Bid #2009-04
Medical & Drug Supplies - Annual Contract
Dear Ms. Butler;
The Delray Beach City Commission. on Febnwy 17. 2009 approved of the awam of the annual contract for Medical and
Dmg Supplies to various vendors. This is a joint bid with the City of Boynton Beach.
Term of the contract shall be from February 18, 2009 to February 17, 2010. The City Manager may renew the contract, at
the same terms, conditions, and prices, ~ consecutive temt(s) of mm year(s) subject to vendor acceptance,
satisfactory per[orma:ilCe and determination that renewal will be in the best interest of the City.
Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the term of the Contract from
each participating entity of this co-operative bid.
Groups awarded to your company are as follows:
-
Group #1 - Airway Management Equipment & Supplies - only item(s): 75,76,77,85
Group #~ Intravenous Supplies
Group #3 - Medications - only item(s): 126, 128, 129, 131, 132, 133, 136, 138, 147, 148, 153, 154, 155, 166, 167 and
168
Please submit to my attention, City ofDelray Beach, Purchasing Division, we would like to tbanlc you for your in1erest in
the City of DeIray Beach.
If you have any questions in regards to this matter, please call me at (561) 243-7163.
~
~~
binson, Sr. Buyer
Cc: Joseph Saffo~ Director
Purchasing Nadal, Purchasing Manager~
Danielle Connor, Assistant Fire Chief of .. . on
Victor B. Williams, Acting Division Chief
Carol Doppler, City of Boynton Beach Procurement Services
SERVICE · PERFORMANCE · INTEGRITY · RESPONSIBLE · INNOVATIVE · TEAMWORK
.....
[IT' IF DELIA' HEAEM
DELRAY BEACH
,. L 0 .. I D A 100 I\!.W 1st AVENUE & DELRAY BEilCH, FL.O:4IDA 33444 . 561/243-7000
---
AIl-America City
, III I! March, 02, 2009
1993
2001
Jesse A. Garringer
Henry Schein Matrix Medical emE COpy
P. O. Box 3227
Inno, SC 29063
REF: Bid #2009-04 - "AMENDED A WARD LETTER"
Medical & Drag Supplies - Annual Contract
Dear Ms. Garringer,
The Delray Beach City Commission, on February 17, 2009 approved of the award of the annual contract for Medical and
Drag Supplies to various vendors. This is a joint bid with the City of Boynton Beach.
Term of the contract shall be from February 18,2009 to February 17,2010. The City Manager may renew the contract, at
the same terms, conditions, and prices, ONE consecutive term(s) of ONE year(s) subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the City.
Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract from
each participating entity of this co-operative bid.
Groups awarded to your company ~ as fonows: "REVISED AWARDED GROUPS"
Group #1- Airway Management Equipment & Supplies - only item(s): 86
Group #3 - Medications - only item (8): 127,130,134,135,137,139-146,149-152 and 156-165
Group #6 - Bandages & Dressing Tape
Group #7 - Infection Control Equipment and Supplies
* As stated in the previous award letter dated February 20, 2009, Group #5 - Splints & Immobilization Supplies &
Equipment was awarded to your company in error.
We apologize for any inconveniences this may have caused you on this matter.
Please submit to my attention, City of Delray Beach, Purchasing Division, we would like to thank you for your interest in
the City of Delray Beach.
If you have any questions in regards to this matter, please call me at (561) 243-7163.
s~.~ .
~ .-/
Amy obinso~ Sr" B~er
Cc: Joseph Saffixd, Finance ~1l-
Patsy Nadal, Purchasing
Danielle Connor, Assistant Fire of Administration
Victor B. Williams, Acting Division Chief
Carol Doppler, City of Boynton Beach Procurement Services
SERVICE & PERFORMANCE · INTEGRITY . RESPONSIBLE. INNOVATIVE . TEAM WORK
Delr~~~~~~~~a~ent .
TO: Patsy Nadel, Purchasing Department T DATE: 1/28/2009
FROM:
Victor B. Williams, Actin!! Division Chief
SUBJECT: Medication and Medical Equipment Bids I
The following are our recommendations to the Purchasing Department for I
I
medical equipment and medications. If you need additional information, please feel free
to contact me at a suitable time.
Thank you for your consideration and understanding in this matter.
Group # 1 A warded to Quadmed based on lowest price.
With the exceptions of75, 76, 77, 85, 86 o'
j
Group # 2 Awarded to Boundtree based on lowest price with acceptable exceptions.
Group # 3 Medical/Drug Supply Bid.
According to the bid response sheet two companies submitted bids for Group 3. I feel we
should utilize both companies for items specified below to create an additional estimate
saving to the city of $40 1 7.18 for this fiscal period.
Boundtree Medical LLC
Items: 85, 126, 128, 129, 131, 132, 133, 136, 138, 147, 148, 153, 154, 155, 166, 167, 168
Henry Schein Matrix Medical
Items: 75, 76, 77,86, 127, 130, 134, 135, 137,139-146, 149-152, 156-165 ,233
Group # 4 A warded to Quadmed based on lowest price.
Group # 5 Awarded to Quadmed based on lpwest price with acceptable exceptions.
Exceotion of item # 233
Group # 6 A warded to Henry Schein/Matrix based on lowest price with acceptable
exceptions.
Group # 7 A warded to Henry ScheinlMatrix based on lowest price.
((Preparingfor the worst... ...Delivering the best!"
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December J 6, 2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December J 5,2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
o January 20. 2009 January 5, 2009 (Noon) o March 17, 2009 March 2. 2009 (Noon)
~~
o February 3,2009 I:8J April 7,2009 0 ~;g.
January 19,2009 (Noon) March 16,2009 (Noon) \.0 --~
~....
::z: ~~
1:Iot
::0 r-S
0 0 - ;::. ...
AnnouncementslPresentati ons City Manager's Report 0"' ~-<
NA TURE OF 0 Administrative 0 New Business -0 -
AGENDA ITEM I:8J 0 :% Cltal
Consent Agenda Legal - -
0 0 Unfinished Business ..
Code Compliance & Legal Settlements -
0 Public Hearing 0 ~ .,
. ."
RECOMMENDATION: Approve via Resolution the recommendation of the Cemetery Board regarding the sale of
urn vaults for Boynton Beach Memorial Park and vases for niches and crypts at Boynton Beach Mausoleum.
EXPLANATION: At their meeting on February 12, 2009, the Cemetery Board discussed and unanimously
voted to recommend the following:
. Increase the fee charged by the City of Boynton Beach for an urn vault from $80 to $125.
The City of Boynton Beach presently charges $80 for urn vaults that are required for the burial of cremated
remains. The cost of the urn vaults has increased from $80 to $82 and the City has been absorbing that increase.
This issue was brought forward by the Parks Manager and discussed by the Board members who unanimously
agreed to recommend the increase to $125. This increase in price will also increase revenue for the Perpetual
Care Fund that is used to maintain the Cemeteries in perpetuity. In preparation of making this recommendation
to the City Commission, a comparison of this fee charged by neighboring cemeteries revealed the following:
Palm Beach Memorial Park Concrete or marble vault 395
Lake Worth Memo Gardens Monticello strin tex lined concrete with rubber seal $350
Boca Raton Small White Casket of Plastic Resin measuring 14" x 7" $110
Durabili is different from concrete
Delra Beach Does Not Sell - Refers Jot owners to funeral directors
. Allow the exclusive sale by the City of Boynton Beach to the property owner(s} or their
survivors of vases for niches and crypts at the Boynton Beach Mausoleum. The costs would
be $125 for the 4" (inch) vase and $150 for the 8" (inch) vase.
S\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
In the past, requests were received by property owners; however, the former operator elected not to allow them.
This resulted in an unsightly and unsafe situation at the Mausoleum since many of the families place
glass/ceramic vases at the base of the buildings. The vases blow over and break, leaving glass and flowers
strewn on the sidewalks at the Mausoleum. The former operator's contract expired in October 2008, and the City
is now operating the Boynton Beach Mausoleum. Staff and the Board members would like to be responsive to our
customers. Therefore, the Board members further unanimously voted to recommend that the City of Boynton
Beach sell vases that would attach to the niches and crypts at the Boynton Beach Mausoleum,
The 4" bronze-colored vase with ring attachment for niches would cost the City $14.79 and would be sold for
$125. The 8" bronze-colored vase with ring attachment for crypts would cost the City $18.05 and would be sold
for $150. The prices include the cost of the vase in addition to equipment, setup and installation by City staff (2
staff for 11/2 hrs. = $57.81). The vases would be sold exclusively by the City of Boynton Beach to the property
owners or their survivors. Following is a comparison of the fees charged at neighboring cemeteries:
CEMETERY 4" PLASTIC VASE & RING I 8" PLASTIC VASE & RING
Our Lady Queen of Peace $130 i $190
~ -
Hillcrest $175 i $275,___,
! Memorv Gardens $225 __..__ ~________~_____ ~_ ...
Boynton Beach Memorial Park has 332 plots remaining for sale and there are three crypts and three niches for
sale at this time in the Boynton Beach Mausoleum. Future maintenance of the Cemeteries was considered in
setting the prices for these items. The intent of this revenue stream would be to support the Perpetual Care Fund
for its intended use so that future maintenance of the Cemetery would not overburden future City Commissions.
PROGRAM IMPACT: None
FISCAL IMPACT: The Boynton Memorial Cemeteries Fund would have to cover the additional dollars not
being charged to the customer.
ALTERNATIVES: The alternative would be to not approve the increased fee charged for the urn vaults
used for burial of cremated remains and the City would absorb the additional costs. If the sale of vases is not
approved, the site and safety hazards at the Mausoleum will continue.
~---
~_ . ~ct0~
Department Hea' ignature re
Assistant to City Manager ~
Recreation & Parks City Attorney / Finance
S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request for Urn Vaults & Vases - Retyped.doc
Jmp
S\BULLETIN\FORMS'c-\GENDA ITEM REQUEST FORM. DOC
.
1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH INCREASING THE FEE
5 CHARGED BY THE CITY FOR AN URN V AUL T IN THE
6 BOYNTON BEACH MAUSOLEUM FROM $80.00 TO
7 $125.00; PROVIDING FOR THE EXCLUSIVE SALE BY
8 THE CITY OF VASES FOR CRYPTS AND NICHES AND
9 EST ABLISHING RATES THEREFORE; PROVIDING
10 AND EFFECTIVE DATE.
11
12 WHEREAS, the City Cemetery Board has made recommendations regarding the sale
13 of vases for crypts and niches, and charges for urn vaults and vases for crypts and niches; and
14 WHEREAS, the City Commission finds that the procedures and charges are fair and
15 reasonable and comparable to charges by neighboring cemeteries.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH FLORIDA:
18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption
20 hereof.
21 Section 2: The City Commission of the City of Boynton Beach hereby approves
22 increasing the fee charged for an urn vault from $80.00 to $125.00.
23 Section 3. The City Commission of the City of Boynton Beach hereby provides
24 for the exclusive sale by the City of Boynton Beach to the property owners or their survivors
25 of vases for niches and crypts at the Boynton Beach Mausoleum. The cost for the 4 inch vase
26 would be $125.00 and the cost for the 8 inch vase would be $150.00.
27
S:\CA\RESO\Cemetery (urns and vases).doc
I
1 I Section 4. This Resolution shaH become effective immediatel) upon its passage
2
3 PASSED AND ADOPTED this day of April, 2009.
4
5 CITY OF BOYNTON BEACH
6
7
8 _J_.~__.
9 Mayor - Jerry Taylor
10
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16
17 Commissioner - Ronald Weiland
18
19
20
21 Commissioner - Woodrow L. Hay
22
23
24 -...-
25 Commissioner - Marlene Ross
26
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36 (Corporate Seal)
37
S'\C^\RESO\Cemelcry (urns and vases) doc
Meeting Minutes
Cemetery Board
Boynton Beach, Florida February 12, 2009
arrival fee would likely create a controversy, as the establishment of the late-arrival fee created
a good deal of controversy.
The Board agreed it would be appropriate for Ms. Prainito and Mr. Balfe to develop language for
Items C1, C2 and C3. Ms. Prainito suggested Items C1 and C2 be grouped together for
inclusion in the Rules and Regulations and Item C3 be established by resolution. The Board
agreed. The Board also agreed the language in Items C1 and C2 should be consistent and
require 48 hours notification of weekday and weekend burials and entombments, with full
payment made 48 hours in advance of the burials and entombments on weekdays and
weekends. It had been previously agreed a funeral director would be deemed to have arrived
early or late if arriving either 30 minutes before or 30 minutes after the scheduled time of
arrival. Ms. Prainito and Mr. Balfe would provide the draft language for the Board's approval.
D. Approve style and cost of vases for Mausoleum
Costs for the vases were lower than originally quoted and were as follows: 4" - $14.79, 5V2" -
$16.44 for the vase and ring, and 8" bronze - $18.05 for the vase and the ring. The Board had
previously agreed on the 4" vase for niches at $125 and the 8" vase for the crypts at $150. The
51/2" vase had not been discussed, as it was believed to be too large for the niche. Upon
approval, it was suggested it be determined how many vases should be kept on hand.
The fees require Commission approval. As such, Ms. Prainito would prepare an agenda memo,
hopefully for the first meeting in March, requesting the approval of the $125 fee for the 4" vase
and $150 for the 8" vase.
It had been previously agreed the vases should be offered for sale exclusively by the City in
order that they be uniform in appearance. The Board believed language evidencing this should
be included in the Rules and Regulations and suggested the following: "The vases may be
purchased only by the property owner from the City of Boynton Beach in order to maintain a
uniform appearance." Ms. Prainito would provide the language to the City Attorney for his
review.
Motion
Ms. Glinski moved to permit the 4" vases for the niches and the 8" vases for the crypts, both
vases to be in the bronze color and to be centered V4" from the bottom of the niche and/or
cryptfront, and the cost should be $125 for the 4" vase and $150 for the 8" vase. Mr. Hatch
seconded the motion that passed unanimously.
E. Ratify increasing the price of the urn vaults from $80 to $85 to cover the
increase in cost to the City of Boynton Beach
This item had been discussed last month, and a range of $100 to $125 had been mentioned.
4
Meeting Minutes
Cemetery Board
Boynton Beach, Florida February 12, 2009
Motion
Ms. Glinski moved to increase the price of the urn vault from $80 to $125 to cover the increases
in the cost to the City of Boynton Beach. Mr. Hatch seconded the motion that passed
unanimously.
As the price increase would require Commission approval, Ms. Prainito would include this item
in the agenda memo as well. It was noted the urn vaults would continue to be provided at a
cost of approximately $82 pending Commission approval of the price increase.
F. Discuss the current charge of $100 for cremated remains buried in the ground
A copy of the fee structure was included with the meeting materials, and it was noted the City
had been charging $100 to bury cremains for some time. Opening and closing charges for a
regular full body burial amounted to $400 on weekdays and $500 on Saturdays and Sundays.
It was proposed $200 be charged for weekday cremains interment and $250 for weekends.
Chair Enkoff noted cemeteries outside the County charged $412 to open and close a grave,
including the setting of the urn vault. The opening and closing fees for an adult burial were
$1,195. Memory Gardens in Lake Worth charged $1,295 to open and close a grave, with an
additional $200 on the weekend.
Motion
Mr. Hatch moved to approve the charges of $200 on weekdays and $250 on weekends for the
cremains interment. Ms. Prainito seconded the motion that passed unanimously.
G. Status report regarding engraving charges for benches at the cemetery
Mr. Balfe had not obtained engraving charges, but provided information on the cost of the
benches. He distributed pictures of benches placed at Bicentennial Park evidencing an
inscription. Quotes to purchase ten benches simultaneously were $550, $845 and $1,000 per
bench, including installation. Inscription charges provided by one vendor amounted to $110 for
each inscription service call, plus $2.25 per letter and $10 per emblem. The cost for one bench
at $550 (the lowest bid) together with the $110 inscription service call fee and $42.75 for a 19-
letter inscription ("In memory of John Smith") totaled $702.75. Ms. Prainito felt the engraving
evidenced in the picture was unattractive, as there was too much engraving for the small area
on the side of the bench. Suggestions for inscriptions included: (1) placing the surname on the
front side of the bench, with the man's name on the left and the woman's name on the right
with the year of birth beneath each name; (2) inscribing on the top seat of the bench, "In
Memory of II along with the complete name of the person being memorialized; or (3)
use of the surname only.
Motion
Mr. Hatch moved to approve the style of bench shown in the picture and accept the best bid.
S
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 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) 0 March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) r8J Apri17, 2009 March 16,2009 (Noon)
q
........
o Announcements/Presentations 0 City Manager's Report ~ S!,~
~f,~":
NATURE OF 0 Administrative 0 New Business i!-<"
AGENDA ITEM [8J Consent Agenda 0 Legal ~ ~
o Code Compliance & Legal Settlements 0 UnfInished Business at ~ (
o Public Hearing 0 . ~ I. ..~
. N'.
RECOMMENDATION: A motion to approve a consultant agreement (Attachment A) with The W~s ...,
Organization, Inc. of West Palm Beach, Florida for "THE FORMATION OF A 50lC3 NOT FO~PR. .
ORGANIZATION AND RELATED SERVICES FOR TIlE CTIY OF BOYNTON BEACH" RFP#: 021-1210-09/CJD nt' ..
amount of $72,250.00.
EXPLANATION: Procurement Services solicited an RFP to seek a consultant to assist with the formation of a 50lc3
Not for Profit organization including the recruitment and development of a Board of Directors whose mission is to solicit and
administer funding projects on behalf of the City, which assist educational, recreational and cultural ventures for the benefit of
the residents of the Greater Boynton Beach area.
On January 21, 2009 Procurement Services opened four (4) proposals. All proposals were reviewed and it was determined
that The Waters Pelton Organization, Inc. of West Palm Beach, Florida was the most responsive, responsible bidder who met
all criteria. The evaluation committee was comprised of: Lori La Verriere, Assistant City Manager, Debbie Majors, Grants
Coordinator and Jody Rivers, Parks Superintendent. It was determined by the ranking committee that the Waters Pelton
Organization was the most responsive, responsible respondent per memo from Jody Rivers, Parks Superintendent #09-07
(Attachment B) along with the rating matrix (Attachment C) .
PROGRAM IMPACT: The Waters Pelton Organization, Inc. will provide assistance in the formation of a 501c3 Not
for Profit organization to benefit the citizens of Boynton Beach. The 501c;) Not for Profit organization will serve to support
and promote community improvement and growth through the solicitation and administration of alternative funding sources
that the City is not eligible to apply for as a unit of local government.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Lori LaVerriere - Assistant City Manager
lody Rivers - Parks Superintendent
Debbie Majors - Grants Coordinator
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: On August 19, 2008, the City Commission allocated $75,000 from the Congress Avenue
Community Park project as seed money to form the 50lc3 Not for Profit organization.
Account#: 302-4298-580-63-05 CP0617
Expenditure: $72,250.00
ALTERNATIVES: Not to award the contract and not to move forward with the formation of the 50lc3 Not for Profit
organization.
EXHIBITS:
A. Consultant Agreement
B. Recreation & Parks Memorandum # CJt:f~ () '7
c. Rating Matrix
D. RFP Tabulation Sheet (The RFP is available in City Clerks office for review)
~~~~)t;;~ ~~
Depa e t He s ignatu City Manager's Signature
~~Lv-~
Procurement Se 1 S
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Lori LaVerriere - Assistant City Manager
Jody Rivers - Parks Superintendent
Debbie Majors - Grants Coordinator
File
1 RESOLUTION NO. R 09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE
6 EXECUTION OF A CONSULTANT AGREEMENT
7 (RFP #021-1210-09/CJD) BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE WATERS PELTON
9 ORGANIZATION, INC., OF WEST PALM BEACH,
10 FLORIDA FOR THE FORMATION OF A 501(C)3
11 NOT FOR PROFIT ORGANIZATION AND
12 RELATED SERVICES IN THE AMOUNT OF
13 $72,250.00; AUTHORIZING THE CITY MANAGER
14 AND CITY CLERK TO ENTER INTO THE
15 CONTRACT; AND PROVIDING AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the City of Boynton Beach issued a Request for Proposals (RFP
19 #021-1210-09/CJD) for "The Formation of a SOl(c)3 Not-For-Profit Organization and
20 Related Services"; and
21 WHEREAS, on January 21, 2009, Procurement Services opened and tabulated
22 four (4) responses to the RFP. All proposals were reviewed and it was determined that
23 The Waters Pelton Organization, Inc., of West Palm Beach, Florida was the most
24 responsive responsible bidder who met all criteria; and
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
30 Section 2. The City Commission of the City of Boynton Beach, Florida,
31 hereby approves the award of Consultant Agreement pursuant to RFP #021-121O-09/CJD
S:\CA\RESOlAgreements\Bid AwardslAward of RFP - Waters Pelton (501c3).doc
1 to fhe Water Pelton Organization. Inc.. for the formation oj a 50] (c)~ not-tor-pro!11
2 organization and related services in the amount of $72.250.00.
3 Section 3. The City Commission authorizes the City Manager and City Clerk to
4 execute the above-referenced Consultant Agreement with The Water Pelton Organization.
5 Inc.. a copy of which is attached hereto as Exhibit "A"
6 Section 4. That this Resolution shall become etTective immediately.
7 PASSED AND ADOPTED THIS n_n_ day of April. 2009.
8 CITY OF BOYNTON BEACH. FLORIDA
9
10
11
~------'-~"-'-~-'--~--_._-,----,-_,_- .-----
12 Mayor '" Jerry Taylor
13
14
___~ n_._ __ _.
15 Vice Mayor - Jose Rodriguez
16
17
.,-~---,~-- - ------ _.._------~----,._--_._--
18 Commissioner- Ronald Weiland
19
20
----~-~----~------..__.
21 Commissioner - Woodrow L. Hay
22
23 ATTEST:
-,----_...~~~-_...._-~-_.-..- --
24 Commissioner - Marlene Ross
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32
33 (Corporate Seal)
S\CA\RESOlAgreements\Bid AwardslAward of RFP - Waters Pelton (501c3) doc
EXHIBIT "B"
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-07 ~~r:r~I"'~W;J)
, !...a:-~ -" -~ tr..~f ~
TO: Carol Doppler, Purchasing Agent MAR 0 9 2009
~<K"CES
FROM: Jody Rivers, Parks Superintendent ' '''; _ ""._"Wlo_~"'"
DATE: February 10, 2009
SUBJECT: Recommendation for Foundation Consultant
Attached is the rating matrix for the consultant services relative to the formation of a 501 (c)3 not for profit
organization and related services. The consulting firms of In Rem, Inc., The Center for Nonprofit
Empowerment. Inc. and the Waters Pelton Organization, Inc. submitted proposals. They were rated by Lori
LaVerriere, Assistant City Manager, Debbie Majors, Grants Coordinator and Jody Rivers, Parks
Superintendent. It was determined by the rating team that the Waters Pelton Organization, Inc. was the most
responsive and responsible company based on the following:
The project is specifically for the development and training of a not for profit foundation. The Waters Pelton
Organization has specific experience with the development of not for profit foundations. The other two firms
did not cite any specific experience in the development of foundations.
The Center for Non Profit Empowerment focused on fund raising, branding, marketing and accounting. In Rem
c')cused on grant writing. This project does not include a grant writing, fund raising or accounting element.
The Center for Nonprofit Empowerment did not list any Palm Beach County affiliations and appeared to have
very little connection to Palm Beach County. Staff is particularly interested in the selected firm's ability to
connect with potential board members in Palm Beach County.
The quote from In Rem did not appear to include the marketing and initial printing costs. This could potentially
drive the cost higher than the budget.
In REM has experience with small scale projects in the range of$40K-$60K. The Center for Nonprofit
Empowerment has worked on small projects of$50K, whereas, the Waters Pelton Organization has worked on
multi-million projects and campaigns.
A fourth bidder, Conceptual Ideas PR Solutions LLC, was non-responsive due to submitting a late proposal.
The Waters Pelton Organization was the only bidder who put in a monthly report on progress. This
demonstrates accountability and progress against the proposed timeline. This was not required, but certainly
demonstrates experience with this type/scale of endeavor and effective communication throughout the process.
Web development was also included and will be essential for the future of the nonprofit.
It is the recommendation of the review committee that the Waters Pelton Organization be awarded the contract.
The contract is for $72,250 and is budgeted in Account # 302-4298-580-63-05 CP 0617. The alternative is not
"0 award the contract and not to move forward with the foundation.
If you need additional information, please let me know. Thank you for your assistance in the project.
JR/
EXHIBIT "e"
Formation of a 501(c)3 Not for Profit
Organization and Related Services
RATING MATRIX
- C.J
c:: .5
(l)
E c::
~
(l) 0
== ';:i
0 Cll
Q. cj N
E ..5 c::
Cll
W v> Cl
- ~
;,;:: c:: 0
0 0 c::
~ ';:i
II) Q. ::s 0
c:: -
- '0 ~
s:: 0 ~
'0 z en 0.. (l)
0.. ~ E ~ ==
0 (l)
-; - (l) (l) .:;
~ a:: -
- ~
CRITERIA 0 c: ..5 (l)
l- e..> a::
Experience with program 15 20 30 laverriere
objectives 15 18 30 Maiors
10 15 30 Rivers
Subtotal 40 53 90
Personnel prossessing training 5 5 10 laverriere
and experience appropriate to 7 6 10 Maiors
the nature of the project 3 5 10 Rivers
Subtotal 15 16 30
Proposal price 25 15 20 Laverriere
25 15 23 Maiors
23 15 24 Rivers
Subtotal 73 45 67
location of firm 5 10 10 laverriere
Palm Beach County - 10 pts 5 10 10 Maiors
Outside County - 5 pts 5 10 10 Rivers
Subtotal 15 30 30
References 10 10 10 Laverriere
10 10 10 Maiors
10 10 10 Rivers
Subtotal 30 30 30
Timeline to complete tasks 10 10 15 Laverriere
10 7 15 Majors
10 7 15 Rivers
Subtotal 30 24 45
MAXIMUM POINTS 203 198 292
Rating
rA.A r.AI1.1.JUJ: .. U"
.
--
Carol Dopple. urcH s ng Agent .-
Debbie Majors,
RFP: THE FORMATION OF A 501C3 NOT FOR PROFIT ORGANIZATION AND RELATED SERVICES
FOR THE CITY OF BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
RFP DUE DATE: JANUARY 21,2009 received timely as of the above receiving date and time.
RFP DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
RFP # 021-1210-09/CJD if any. are hereby rejected as late" ** -*- ~ 4-
VENDORS The Center for Non-Profit Empowerment In Rem Solutions, Inc. The Waters Pelton Organizatfon. Inc.
19451 Sheridan Street #191 10268 Avenida del Rio 477 S. Rosemary Ave., Ste 315
Pembroke Pines, FL 33332 Delray Beach, FL 33446 West Palm Beach, FL 33401
Attn: Irwin Williams Attn: Lisa N. Mulhall, JD Attn: Charlotte Pelton
Telephone: 866-939-2363 Telephone: 561-496-4636 Telephone: 561-626-0026
Fax: 954-885-1908 Fax: 561-496-4908 Fax: 561-626-9119
ORIGINAL & (5) COPIES Yes Yes Yes
SUBMITTED
RECEIPT OF ADDENDUM #1 Yes/Not Signed Yes Yes
COST BREAKDOWN $67,000.00 $7,200.00 for 9 months $72,250.00
SUBMITTED/PROPOSAL PRICE $64,800.00 *Breakdown in proposal
*
STATEMENT OF QUALIFICATIONS Yes Yea Yes
SUBMITTED
AN II-I\IL...~. ~.. f\'-'-'Uf\VII Yes Yes Yes
SUBMITTED
NUN- :r II II....UIN~,. ,~~. I Yes Yes Yes
SUBMITTED
MINORITY OWNED BUSINESS Yes/Not a Minority Owned YeslYes a Minority Owned Yes/Not a Minority Owned
SUBMITTED Business Business/Woman Business
CONFIRMATION OF A DRUG FREE Yes/Not Signed Yes Yes
WORKPLACE SUBMITTED
SCHEDULE OF SUB CONTRACTORS Yes/N/A Yes/NA Yes/N/A
FORM SUBMITTED
COMMENTS $125.00/hr for additional work
RFP: THE FORMATION OF A 501C3 NOT FOR PROFIT ORGANIZATION AND RELATED SERVICES
FOR THE CITY OF BOYNTON BEACH
"Offers from the vendors listed herein are the only offers
RFP DUE DATE: JANUARY 21.2009 received timely as of the above receiving date and time
RFP DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
RFP # 021-1210-09/CJD jf any. are hereby rejected as late"
VENDORS Conceptual Ideas PR Solutions. LLC
406 NW 7th Ave.
Boynton Beach, FL 33435
Attn: Belinda Lester
Telephone: 561-350-0536
Fax: 561-738-4803
Original & (5) Copies Non-Responsible
Submitted
Receipt of Addendum #1
I Cost Breakdown
Submitted/Proposal Price -- ---
-- .-- ._--- --..--------.
Statement of Qualifications
Submitted
-- ------ ---- --..-------.-....---- 1---
Anti-KickBack Affidavit
Submitted
u. -----~. .-
Non-Collusion Affidavit
Submitted --,- "..--.--"'
Minority Owned Business
Submitted
..._- -.-----..-.------.--- ~_._-"--, -~~.,. .---..-,,-----
Confirmation of A Drug Free
WorkDlace Submitted ----- --..-. ...-- -" ",,----". ..~--
Schedule of Sub-Contractors
form Submitted
Comments Submitted Late
Accepted with the understanding
that an employee must verify
She was on line prior 2:30 -
Employee said "No"
-
THE WATERS PELTON ORGANIZATION, INC.
FUND RAISING. PLANNING. MARKETING COMMUNICATIONS
477 South Rosemary Avenue, Suite 315
West Palm Beach, Fl 33405
Telephone (561) 626-0026
FAX (561) 626-9119
Proposal for Consulting
Related to
The Formation of a SO 1 (c)(3) Not For Profit
Organization and Related Services
City of Boynton Beach, Florida
January 2009
Dallas/Fort Worth Denver Sacramento Tampa West Palm Beach
City of BQyntonBgach, r-LQrlga vrQpO'>di 10/ FormatIOn 01 Not iOI ;'rOTII eellpOiatl'"
Table of Contents
Executive Summary 3
Consultants' Qualifications/Ability to Perform 3
Relevant Experience 3
Project Team (Staffing/Organization Chart 5
Bios of Team Members 5
WPO's Approach to RFP Objectives and Related Tasks 8
Task 1 - Organizational Development/Marketing 8
Task 2 - Board Recruitment/Prospect Research 9
Task 3 - Leadership Awareness 10
Task 4 - Pre-campaign Project Planning 10
Task 5 - Timeline/Schedule 1 1
Task 6 - Proposal Costs 12
Reporting and Accountability 14
References 14
Lawsuits 1 5
RFP Authorization 1 5
Appendices 16
Qualifier's Acknowledgement 16
Addendums 17
Statement of Qualifier's Qualifications 21
Anti-kickback Affidavit 28
Non-collision Affidavit of Prime Qualifier 29
Confirmation of Minority Owned Business 30
Confirmation of Drug Free Workplace 31
Statement of Subcontractor /MBE Participation 32
_._----~-- -_._..~ ----_._---~~--
The Waters Pelton Organization, Inc.
Fund Raising. Planning. Marketing Communications
City of Boynton Beach, Florida Proposal for Formation of Not For Profit Corporation
EXECUTIVE SUMMARY
Consultants' Qualifications/Ability to Perform
The Waters Pelton Organization, Inc. (WPO) is a south Florida-based fund
raising, planning and marketing communications firm. WPO provides team
based comprehensive consulting services to non-profit organizations,
corporations, and business/trade associations delivered through three primary
divisions: Planning, Marketing Communications and Fund Raising.
Since its inception in the mid-1980's, the firm has provided these services to a
wide variety of organizations in the arts and culture, social services,
environment, faith-based, education, government, business and healthcare
sectors in over 350 cities across the country.
The quality of our services is exemplified by the wealth of experience and
expertise of our principals, associates and staff. We realize that the
organization, structure, and campaign methods involved in fund raising are
only means to an end -- and that is to cultivate each person associated with an
organization for long-term involvement with that organization. More
importantly, we understand that raising money from the public has become an
increasingly sophisticated task. It is not just a matter of deciding to have a
campaign. Careful planning and analysis is essential to the success of the
effort.
We utilize a Project Team approach to best serve each client's unique needs.
Each member of our team is motivated to provide the highest quality service
and to help further enhance the firm's reputation as the right choice.
Headquartered in West Palm Beach, Florida, WPO encompasses four additional
regional offices located in Dallas/Fort Worth, Denver, Sacramento and Tampa.
Relevant Experience
Since the mid-1980's, WPO has provided services to numerous non-profits
across the country, including new start-ups similar to that being proposed
through this effort. This wide range of experiences enables WPO to not only
understand and appreciate the challenges facing new organizations, but also to
bring best practices that will help these new start ups avoid many of the
struggles other organizations have faced as they organized and developed.
Our local experience, combined with our national perspective and knowledge of
numerous different organizations, gives us a better perspective to recognize
The Waters Pelton Organization, Inc. 3
Fund Raising. Planning. Marketing Communications
City_QfJLOYDt_Qn B~ach, Flocicta !'lOposal tm ~Qrmilllon of Not FOI Profit Coeporatlol
and interpret the various opportunities that will arise during the course of this
assignment.
At WPO we have a unique chemistry that sets us apart from all other
development firms.
~ We have extensive knowledge of the fund raising techniques and a thorough
understanding of what works from a local. national and international
perspective.
0 WPO has had successful relationships with a broad range of organizations in
South Florida and across the country and proven success in campaign
management.
0 We have developed close relationships with many businesses. foundations
and private philanthropists in the South Florida area.
WPO's principals and associates have consulted in organizational development
for a number of non-profits including the following:
. Fund Raising Campaign Management, Marketing Communications, Grant
Writing, Organizational and Program Development services for the Glades
Healthcare Foundation, the Health Care District of Palm Beach County, the
New Lakeside Regional Medical Center for the purpose of raising private
philanthropiC funds to support Palm Beach County's only public hospital.
. Fund Raising Campaign Management, Marketing Communications, Grant
Writing, Organizational and Program Development services for Palm
Healthcare Foundation for the purpose of raising public and private
philanthropic funds to support the Palm Healthcare Pavilion/Mollie Wilmot
Center for Children.
. Organizational/Board Development and Fund Raising for the Suncoast
High School Foundation for the purpose of establishing a not-for-profit
supporting organization to supplement funding provided by the School
District of Palm Beach County.
. Organ izational/Board Development for the West Palm Beach Library
Foundation for the purpose of establishing a supporting organization in
anticipation of the construction of a new library in downtown West Palm
Beach.
_._-~----~ -~._-'-~._----
The Waters Pelton Organization, Inc. j
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corporation
Project Team
A talented team of professionals will be provided by WPO as required to
accomplish the objectives as outlined in the RFP. The following is a breakdown
of the staffing WPO proposed for this project:
Proiect Manager
Charlotte Pelton
0 Project management/Board development 200 hours total (66.796)
Reporting directly to Charlotte
Carrie Williams
0 Project Research SO hours total (16.796)
Melanie Otero
0 Branding
0 Marketing Communications/PR Strategies SO hours total (16.796)
Bios of Team Members
The team for this project will be led by Charlotte Pelton.
CHARLOTTE PEL TON, PRESIDENT
As a principal of the firm, Charlotte is responsible for marketing and research
services, and manages a variety of projects and fund-raising campaigns for
clients. She brings to WPO more than 25 years of marketing and strategic
planning experience from her work at Blue Cross - Blue Shield, Holiday Inns,
Inc., and Florida Power and Light Company, where she was instrumental as a
team member in the company's successful effort to win the Deming Award for
Quality. FPL is the only company outside of Japan to receive the oldest and most
prestigious award of its kind in the world.
Following 20 years in the corporate sector, Charlotte gained extensive non-
profit experience as Chief Operating Officer, Chief Financial Officer and
Marketing Director of the Palm Beach County Cultural Council, a unique
position that allowed her to use her skills and expertise to best advantage in
the vast cultural tourism industry so important to South Florida.
The Waters Pelton Organization, Inc. 5
Fund Raising. Planning. Marketing Communications
CilYuoLIill'intonBeacjl, FlorLda Propos~i for j-ormi!tion of Not For Profit CQrporatlon
Charlotte is an active business and community leader, currently serving as a
director of Lydian Bank and Trust. She is a member of Executive Women of the
Palm Beaches where she chairs its strategic-planning committee and co-chairs
its annual Women in Leadership Awards luncheon.
A member of MENSA411 and the Association of Fundraising Professionals,
Charlotte serves on the boards of the West Palm Beach Library Foundation and
the Arthur R. Marshall Foundation/Florida Environmental Institute.
She holds a BA in Business Administration (Marketing) from the University of
Southern Mississippi, and remains a student of best practices in organizational
development, marketing, strategic planning and fund raising.
MELANIE OTERO, EVP, MARKETING COMMUNICATIONS
As Executive Vice President of WPO's Marketing Communications Division,
Melanie brings to WPO's clients a wide range of skills and experience from her
non-profit, corporate and agency background, and she has a proven track
record for leading results-oriented campaigns.
Before joining WPO in 2006, Melanie served as Public Relations Director for the
Humane Society of Greater Miami where she advanced the organization's
mission by leading public relations, direct marketi ngjfund raisi ng, special
events, education, and volunteer programs. While at the Humane Society, she
drove a year-over-year 400% increase in the organization's direct mail
fund raising program, increased the Society's annual major fundraising event
revenue by 20%, and averaged six media mentions per month.
In a prior position, Melanie served as the Manager of Corporate
Communications for Sappi Fine Paper North America, a division of the world's
largest coated fine paper manufacturer, where she led a community relations
program that earned the 2001 Maine Governor's Service Award for Corporate
Volunteerism. In her early career, she worked with national category leaders as
an account service professional at leading Boston advertising and direct
marketing agencies.
Melanie is a graduate of Bentley College's five-year accelerated BA/MBA
program and a former president of Carnival Cruise Line's Toastmasters chapter.
She is also a member of the Association of Fundraising Executives where she
serves on the board and Executive Women of the Palm Beaches where she also
serves on its Strategic Planning Committee.
-~~-~--_._--~-----~ --
The Waters Pelton Organization, Inc.
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corooration
CARRIE WilLIAMS, GRANT SERVICES MANAGER
As WPO's Grant Services Manager, Carrie Williams is responsible for supporting
the execution of its fundraising campaigns, feasibility studies and other
planning projects, with a primary role in research and grant writing. Her
contributions to the campaign process are vital to the development of
comprehensive fund raising programs, and her track record of success is
evident in the clients we serve.
Prior to joining WPO, Carrie worked as an advancement associate at a non-profit
agency in Palm Beach County where she was responsible for the execution of all
special events, grant writing, donor development and volunteer coordination.
During her tenure, she worked successfully on events that together raised
nearly $2 million for the organization. She was also instrumental in securing
numerous donations from individuals and foundations.
Carrie grew up in the Washington, D.C. Metro area and graduated Magna Cum
Laude with a Bachelor of Arts in Spanish from Mary Washington College in
Virginia where she also completed training in the teachers' education program.
During her collegiate career, she was inducted into many academic honor
societies including Phi Beta Kappa, Psi Sigma Iota and Mortar Board. Carrie is
an active member at Wellington Presbyterian Church and serves as a volunteer
with Urban Youth Impact.
The Waters Pelton Organization, Inc. 7
Fund Raising. Planning. Marketing Communications
City QfJ)QyntQn (lgat:h, Florida Proposal for ~orm_at!Qn of NQtFQI. Profit Corporatlo!:
WPO's Approach To the RFP Obiectives and Related Tasks
WPO's success lies in its team approach to every project it undertakes.
Knowing that two heads truly are better than one, WPO has secured a team of
seasoned professionals, each with his or her unique talents, education,
interests, experience and perspective. WPO also strives to create a workplace
environment that respects the uniqueness of each project and honors the teams
of volunteers that we work with to ensure that the resulting organizations,
projects and communities are made stronger and more successful than before.
Regarding this project, WPO was instrumental in developing the recommended
tasks outlined in the RFP after completing the aforementioned Fund Raising
Study. These tasks were based upon our evaluation of the findings in the study
and our experience and knowledge of the components necessary for
successfully launching a new organization to serve the community.
We are prepared to implement these recommendations in the following manner:
Task 1. Fully define and articulate the organization's purpose, the
community's unmet needs that the Foundation aims to meet. and its future
goals and objectives to meet those needs: and develop the materials necessary
to communicate this information to key constituencies.
This is the most critical step, as the findings of the Feasibility Study clearly
indicate that future success will depend greatly on the Foundation's leadership
structure as well as the strength of a future campaign organization. A greatly
broadened cross section of community leaders will be necessary to provide
access to the entire community of those who might consider support of this
project. Specific attention should be given to cultivation and recruitment of
individuals who could potentially provide or access the top or lead gifts. This
cultivation and recruitment process should begin immediately as this will take
time to accomplish.
. Project leader and WPO principal Charlotte Pelton will work with City staff to
develop a volunteer committee of interested parties. This committee will be
tasked with fully discussing 1) the findings of the previously mentioned
feasibility study, 2) unmet community needs, and 3) how those needs might
be met through the formation of this new community-based entity. This
work will help better define organization's purpose (mission), and will allow
members their focus as the committee also works to identify potential board
members who might be interested in joining the effort as leaders of the new
organization.
----.~.-_.~,-~~ - ---------------
The Waters Pelton Organization, Inc. R
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corooration
. WPO's Marketing Communications head Melanie Otero will use the
information gleaned from these meetings as well as information from the
City regarding the project to develop key communications components,
including but not limited to: organizational brand (name/logo/stationery
package/website splash page), a preliminary brochure or PowerPoint
presentation, and Frequently Asked Questions. These materials will be
developed as needed, and all creative and printing costs associated with the
development of these materials will be pre-approved by City staff, committee
or board, as appropriate.
These materials should proactively address questions involving the relationship
between the Foundation and the City of Boynton Beach so that potential donors
and volunteers have clarity on these issues prior to any additional movement
toward a fund raising effort.
Task 2. Develop a strong board of directors. reaching out to those within
and outside of Boynton Beach at the highest leadership levels. in preparation
for a future campaign: and initiate a comprehensive program to identify and
evaluate future campaiQn leadership prospects.
. Pelton will also work with the volunteer committee, utilizing the information
previously identified in the study and leading this committee through
additional brainstorming sessions, in order to fully flesh out a list of
potential foundation board members and future campaign leadership team
members.
. In concert with the rest of the WPO team and the volunteer committee,
Pelton will develop a strategic program of leadership identification, contact
and cultivation, using each member's knowledge and relationships to the
best extent possible. Volunteer training will be Included within this program
to ensure that all volunteers are prepared for their respective roles.
. WPO's Grant Services Department, managed by Carrie Williams, will utilize
the list of brainstormed names to conduct donor and foundation related
research to provide the committee has the best information readily available
before any contacts are made with potential board members. This research
is provided through WealthEngine@ (wealthengine.com) and the Foundation
Center Online@ as a part of this scope of work, and the cost for these
services is included in the monthly consulting fee.
The Waters Pelton Organization, Inc. 9
Fund Raising. Planning. Marketing Communications
Ci!y_of]91'DtQn Beach, Floripa Proposai for ~ormat;ion ot Not For Profit CorporatlOI.
Task 3. Assist the not-for-profit's board of directors in developing ~.
leadership awareness strategy and action plan to educate and cultivate business
and community leaders and philanthropists about the purpose of the
organization. and to also educate them regarding the proposed plans for the
park proiect and its impact on those it will serve. Within this strategy should be
a tarQeted public relations plan to enhance the organization's profile in the
community.
The primary concentration of this effort should begin as an integral part the
campaign preparation program. The plan should involve communication of
needs of the community and how the new non-profit's efforts will meet those
needs, and should be targeted to specific groups of key constituencies (top
corporate leadership, foundations, prominent individuals and other volunteers).
This program will serve to enlarge the potential volunteer base required for the
campaign, as well as develop additional contacts for prospective funding
opportunities, and should include individuals and organizations from outside
the Boynton Beach area that would have an interest in the project because of
the target populations it aims to serve.
. As outlined in Task 2 above, Pelton and her team will work with the
committee (and board members as they are identified and recruited) to also
expand the list to include businesses, community leaders and
philanthropists who might have an interest in the project because of its
purpose and potential impact it will have on families whose members have
disabilities.
. Otero will develop a targeted PR plan to raise visibility of the newly formed
organization, its volunteer leaders, and the proposed project components in
need of funding.
Task 4. Adopt the $11 million goal outlined in the Case for Support only as
an internal overall working goal and seek input from potential donors as to the
elements most appealinQ to them in order to consider a phased approach to a
future campaign.
This phased approach should be actively discussed during this pre-campaign
period when the initial identification of campaign participants and the
cultivation of lead and upper level gifts take place. Once proper leadership and
donor education has been completed and appropriate campaign leadership has
been identified, the Board should then determine how and when to move
- ..~ ".--
The Waters Pelton Organization, Inc. ; (,
Fund Raising. Planning. Marketing Communications
I
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corooration
forward with the formal campaign. This process should include consideration
of phasing or other alternative approaches to funding the elements of the plan.
. WPO's team will work closely with City staff to develop budget and
programmatic information for each component of the project, along with key
user statistics and potential program partnerships. This information will be
important to use in speaking with potential volunteer leaders and donors
(including foundations and corporations) in order to help the Board prioritize
the components most appealing for the first campaign phase. It will also be
vital to the development of any foundation grants as well.
Task 5. Provide a timeline and schedule for this effort.
MONTHS 1-4
. Form ad hoc committee and fully define/refine the organization's purpose
first articulated in the draft Articles of Incorporation and Bylaws in preparation
for filing for incorporation.
. Identify unmet community needs that the Foundation aims to meet and
develop future goals and objectives to meet those needs.
. Identify specific concerns and develop strategies to address those concerns
identified during the course of the study related to the "broad focus" of the
Foundation.
. Develop preliminary marketing materials necessary to communicate this
information to key constituencies.
. Develop a strategy for recruiting a strong board of directors.
. File for incorporation of foundation once the initial board is in place.
MONTHS 5-7
. Develop a leadership awareness strategy and action plan to educate and
cultivate business and community leaders and philanthropists about the
purpose of the Foundation, and to educate them regarding the proposed plans
for the park project and its impact on those it will serve.
. Develop a targeted public relations plan to enhance the organization's
profile in the community.
. Initiate a comprehensive program to identify and evaluate future campaign
leadership prospects.
The Waters Pelton Organization, Ine. 11
Fund Raising. Planning. Marketing Communications
CltY_oLB_QyntQn B~a<:h" FIQridi3. Plop_osal for ~ormiltjon ot NQt For ProliJ (orporCltIOf!
. Initiate a program to cultivate individuals who could potentially provide or
access the top or lead gifts and seek input as to the elements most appealing to
them in order to consider a phased approach to a future campaign.
. Identify dedication/memorial gift opportunities based upon plans and input
from potential donors.
MONTHS 8-1 2
. Develop and implement a prospect identification/donor cultivation program
targeting donors capable of gifts of $10,000 and above.
. Research and assemble prospective donor database and determine which
prospective donors have the capacity for making gifts of $100,000 or more.
. Evaluate progress to date against objectives outlined in this proposal and
make a determination as to how and when to move forward with the formal
campaign, considering phasing or other alternative approaches to funding
the elements of the plan.
Task 6. Provide consultant cost proposal to accomplish the above tasks
including budget estimate for marketing materials (printing. brochures. etc.)
PROFESSIONAL FEES
WPO proposes to staff this organizational development phase for a period of
twelve (12) months at a cost of Four Thousand Five Hundred Twenty Dollars
and Eighty Three Cents ($4,520.83) per month.
This is comprised of the following estimates of consulting services to
accomplish the objectives as outlined in the RFP:
Charlotte Pelton 200 hours total $40,000
Carrie Williams 50 hours total $ 6,750
Melanie Otero 50 hours total $ 7,500
REIMBURSABLE EXPENSES
The City of Boynton Beach will also be responsible for reimbursing WPO for all
actual and reasonable out-of-pocket expenses for travel, meals, postage,
photocopying, long distance telephone and facsimile charges, preparation of
specialized materials and any other expenses directly related to this
---~-,~------~~-- .---- '.-
The Waters Pelton Organization, Inc.
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corporation
assignment. As noted above, these expenses are estimated not to exceed $250
per month for a total of $3,000.
Marketing materials will be developed during the course of this project and are
budgeted at $15,000. WPO will provide written estimates in advance for pre-
approval of all expenses related to the creation and production of printed and
other communications materials.
TOTAL BUDGET
The total budget is estimated to be $72,250. This includes $4,520.83 per
month for consulting services ($54,250 total as outlined above), $250 per
month for out of pocket expenses ($3,000 total), and $15,000 (total) for
marketing materials development, including printed materials and basic web
development.
The Waters Pelton Organization, Inc. 13
Fund Raising. Planning. Marketing Communications
City ofJ3O'y'nton!3each, Florida ,)roposal tal FQUl1il.tiQn oINot E()I PIQflt Corporatlol'
Reporting and Accountability
In conducting this work for the City of Boynton Beach, we will provide a system
of reporting and accountability that will ensure the following:
. Thorough and accurate monthly reports on the progress against work plan
and timeline.
. Timely reporting will include City staff and ad hoc committee members until
the Board of Directors is formed. At that time Board Members will also be
included.
. Marketing materials are developed that will satisfy the demands of the top
level community leaders that we aim to recruit as organizational and future
campaign volunteers.
References
C. David Goodlett, Chairman
Glades Healthcare Foundation
West Palm Beach, FL
(561) 833-6333
Adrianne Weissman, 2009 Race Chair
Susan G. Komen for the Cure
West Palm Beach, FL
(561) 841-0041
Gaetana (Tana) Ebbole, CEO
Children's Services Council
West Palm Beach, FL
(561) 655-1010
"--- m~_~_____
The Waters Pelton Organization, Ine. 1 .1
Fund Raising. Planning. Marketing Communications
City of Boynton Beach, Florida Proposal for Formation of Not For Profit Corporation
Lawsuits
The Waters Pelton Organization, Inc. has not been named as a party in any
lawsuits in the past four (4) years.
RFP Authorization
This proposal for services is in response to RFP # 021-121 0-09/CJD as evidenced
by the signature hereto:
THE WATERS PELTON ORGANIZATION. INC.
-----~~---- _____~~~_iL_~~___
Charlotte Pelton Date
President
The Waters Pelton Organization, Inc. 15
Fund Raising. Planning. Marketing Communications
QUALIFIER ACK~O'VLEDGEME.'[T
Submit RFP's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: DECEMBER 8, 2008
RFP Title: THE FORMATION OF A SOlc3 NOT FOR PROFIT ORGANIZATION
A...N"D RELATED SERVICES
RFP Number: 021-1210-09/CJD
RFP Received By: JANUARY 21, 2009. NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date
and time is scheduled for: JANUARY 21, 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 RFP shall conform to applicable sections of the charter and
codes of the City. -rh.L un:t er.5 Pe-l fern &\'~j7..JJ€\11 I U1!. .
Name of Vendor:
Federal I.D. Number: 51-05() 7D '+0
._~~------~._----_.__.._----,--"..__.-
A Corporation of the State of: r:: LCYYi ~
.Auea Code: 5lo1 Telephone Number: o 2 {p - OD 2-l,
,--..-...-
Area Code: S{pr F AX Number: {PZ{,,-qll't
-
Mailing Address: 4-17 5.~mdY~ ~. ?tL. 3/f,
-'-."'.
Ci ty/State/Zip: w.Ml:: p~ ~Ck, . H-- 3 ~4-o I
,_n._._.,._
Vendor Mailing Date: AlIA-
~l)d{- .'\- -.-
Authorized Signature
ChOlY (o+! ~ 'f~/-fr;w
. --'."'<,.-
Name Typed
TillS P AGE TO BE SlJBMITTED ALONG WITH RESPONSE
~ jip
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RFP TITLE -n..... Forrrs/."o.. of- 8 Eo/~r~) g PML ()y"j4hi~d}...)
aM.d S!.rVf.e.l/::J--
QUALIFIER: Jh..L UJaJ..urS p~ (j t ?--11.1 '111 I In. e .
DATE SUBMITTED: 11 zd 2-00'1
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Dtbbte.- (\r1~Jor5
(Name of Project Manager! Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM DATE ADDENDUM DATE
1 j 1'5 J 2-ooj
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
~ II
To: Chris Underkofler fm:Onvia.com Inc 1&:40 01/15/09 PG no
The City of
Boynton Beach
PrOCllrellfent Servica
](10 E. Boynton Btllc' BlHllevard
P. O. 8_310
Boynto:l Beach, Florida 33425-0310
TelepMne.: (561) 742-6320
FAX: (561) 742-6306
ADDENDUM #1
DATE: January 15, 2009
RFP TlTLE: ''THE FORMATION OF A 501 C3 NOT FOR PROFIT
ORGANIZATION AND RELATED SERVICES"
RFP NUMBER: #021.1210-09/CJD
The following changes, additions, deletions, and/or information are hereby made a part of
the RFP for the "THE FORMATION OF A 501 C3 NOT FOR PROFIT
ORGANIZATION AND RELATED SERVICES.
. Budget for this project is: $75,000.00
. Debbie Majors is the contact person whose e-mail
address is to be corrected to; maiorsd@bbfl.us
. Page (8) - Under Evaluation Criteria the first item:
Experieace with program objectives as Identified in
Section (2) (Objectives) on page CD not page (8).
Questions that have been asked witb responses:
1. Is it the City's expectation that the consultant will initiate and complete the capital
campaign?
No.
2. Is the time frame of the contract one year or longer?
There is no set time frame. Tbe consultant should include how long it will take them
to accomplish the tasks as outlined In the RFP.
3. Are the proposals going to be read on January 21 or are we going to receive a notice of
Cl meeting?
Yes, we will open all proposals on January 21, 2009 at 2:30 p.m. We will only read
the names of the compiU'lies and note that the necessary forms have been
submitted and completed.
I i
To: Chris Underkofl~r fm:Onvia.com Inc 16:41 01/15/09 PG 002
Date IJ~/Jo'
1hL UJ aivs P d.ftrvc, ~k l"uBtIl1 t 11f.~ .
(Name of Bidder, Corporation, or IndivIdual)
By
Signature
C-~{olIe pf2;{~
P Printed Name
Ve... 5" d I.-td:.--
Title
61D I - "Z/" - 0021.:. ~ d-O
Telephone Number
amI Doppler, CPPB
Purchasing Agent
Icjd
c: Debbie Majors - Grants Coordinator
Lori La V erriere - Assistant City Manager
JodyRivers - Parks Superintendent
City Clerk
Shelf copies
File
1'\
To: Chris Underkofler Fm:Onvia.com Inl 16:41 01/1~/09 PG n03
The City of
Boynton Beach
Procurement Services
100 E. ll.yllllo. ,.Jo B"ul.,.wNi
P. O. ~tIX 310
Boymon Beach, FlorIda 33425-0310
Tekpholle: (561) 742-6310
FAX: (56!) 741-6316
ACKNOWLEDGEMENT OF ADDENDUM #1
"THE FORMATION OF A SOle3 NOT FOR PROFIT ORGANIZATION AND
RELATED SERVICES"
RFP #: 021-1210-09/CJD
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS
"ACKNOWLEDGEMENT OF ADDENDUM #1" WITH RFP PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSlDERED COMPI..ETE AND
ACCEPT ABLE.
-r1u.- W~$:5 P.tPJn" <9Y~. JltlL ~or--..
NAME OF RESPONDENT SIGNATURE OF RESPONDENT
J} 2, I J OG} ChB('o*L-.fe,I~
DATE PRINT NAME
20
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFP document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFP response.
* attach additional sheets giving the information
1. Name of Qualifier: 1h w6.)-.ttS p~ ()t'f'iufit\1t Iltt!.
2. Business Address: ti77 5. eosema-r'U ~.
StL . 3 1.5
uJ.nt- p,j V\V ~tU, , R- 3 ~4-D J
3. When Organized: IQBtJ,
4. Where Incorporated: FIorI ~
5. How many years have you been engaged in business under the present firm name?
5~
6. General character of work performed by your company. ~tJYl?--~ ite...
,
~~ S€wt~-li ~-p~ CJl'1"'i~~1 .
C,,(ryPoy~'(f)v)..1 ~ ~ I-/Y~ a5soc./~UKo.. tM-~
C1JLlAo oF- pI It t1 n ,. ~, (Yl tUneR ~ ~mt,LL/ cd}{W).. ew.d ~nl.i 5i '1.
7. Enclose evidence of possession of required licenses and/or business permits. - ~~
8. Number of employees. 19
9. Background and experience of principal members of your personnel, including officers. ~
.. 6ltt
10. Bonding capacity. J.J LA
II. Have you ever defaulted on a contract? If so, where and why?* no
TillS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
~ al
STATEME="'T OF QL\LIFICATIO'lS continuetL.
1 "') Experience in performance of work similar in importance to this proJect.
Project $ Value Contact );ame Phone :#
c;.t1Ul.ea.- U~ ~. ~73 M1'1','~ ~'J &oJleJI.. 510 ~ -&S~_=8'1q'1
WtxJLpa1u.-a-fl.a...L"~r". ~ I~ nu'/I,'6"k./ Pa.u1 VI'It~ Sb I - {,So - 23~ 2-
~IMC ~ r'\--'
p~ U~l!'-1L ~. . /4- (111'''I'I~ Suu.:tf:L, uJ.u;1t.IL 6b I - ~.33-G,.:3 3 5
fJ~ fuA. ~ ZfJ7) ...p So M d Iltnu ~~~ 6g 13_l135 -8552-
XQ5/
13. Contracts on hand. *
Q Largest completed projects (include final cost).
1) 5>n~ ~ lirdv~ - ~ MM.St'e ~ # J 10 ttu'//i tk-
2) 6.f~ U12L~ Fi>~,~ ~La./uJS/~ M.ltlicd. ~ *'73'11' '
IUI ,0....
3) P~~Uv - :p 50 rnl/{" (fk.,I
.-- -_._--
15. List all lawsuits (related to similar projects) or arbitration to WhICh you have been a party
and which: *
1) arose from performance: * runt..e...
2) occurred within the last 4 years: * ~
3) provide case number and style: * t0lA
Dated at: W~P~&MA, Fi.,
this 2L day of J A.M.w~ 20~
By: ~f'r
(written signature)
Name: ChavID!tL- PeA~
(printed or typed)
Title: PV~'~
Rev 05/30/02 TIDS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
.tif;" .;2a
:~~. ';' J.~'t'l;, ',',' 1;'- '" oJcli.....:::'...".' .~......:'.......!r...~. ,'\0. .:.:..~. "":"",,.. .!. ';".;- ,. r "._
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J~.,
,
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. '." , ..-,.( ~:~,';,,,,~:;;.:,,,;~,~. j '~-~'"
.'. RE: \VATERS PELT6N'ORdANIZATtON~ INC., THE:'
REGISTRATION#: .FC20319 .... '
.' .
~~I~!I?N DATE: March ~ I.' 2009,
~ ' ~. ,3-'''-.\.!'' ,}. , ''':'':'''' :..." ._.,
' Dear Sir'or Madam: .,
,,,, '-t'i'"," "....,. ,.'
Please note that the registration is valid for one year or a part of one year and expires on March 31.
year. Registration must be renewed on or before March 3 r of each 'year.
. '. - F,." . .' ..
In addition, a copy of any contract or agreement with a charitable organizatioi:J.~or sponsor must be filed with
the Division no less than 5 days prior to the services being performed by the co~u~~tft' ," . .
. . ' " ' .. .' , . .~. . ' " '. ':.- '. ~ ~ ::T: .1\
Thank you for your cooperation. If you have any questions, please contact this' office. '..
,...:;. Sincerely,
,'" .. A.\
.. CHARLES H. BRONSONr .'
'. COMMrSSIONEROF AGRIC-u.LTURE,'
~ Smtt4 ., . .,.'" ".:-~" ..... f.\';
"1< .' !
Mac Smith... . .
. . RegulatoriConsultant. . " ','
. '. 1-800-HEl,P-FLA, (850Y 488-2221',..
. Fax: 850-410-3804
. " . E-mail: smithk@doacs:state.ftUsii:'
. ~ . . ~ - . -
~~ ~ ". "
", -,,-
"'~!t ' ". .
....;,'
.<
STATEMENT OF QUALIFICATIONS
9. Background and Experience of principal members of your personnel.
includinq officers.
j. KEITH WATERS, CHAIRMAN & CEO
As founding member of the firm, Mr. Waters is responsible for direction of all
operations for the company, which encompasses associates and support
personnel across the country.
Keith received a BA degree in Communications from the University of Kentucky
and holds numerous certifications in fund raising, planned giving and
management. He is a member of the Association of Fundraising Professionals
(AFP) , and has served on the boards of several prominent organizations
including The Salvation Army, Palm Beach Zoo and National Association of
Religious Broadcasting.
He has personally worked with organizations in over 200 cities across the
country, providing special management counsel to such prestigious
organizations as The Salvation Army, Boys & Girls Clubs of America, YMCA,
Hospice, United Way, and other cultural, environmental, education and human
services organizations. In addition, Keith is a frequent guest lecturer across the
country specializing in campaign strategic planning/management, leadership
development and organizational management.
CHARLOTTE PELTON, PRESIDENT
As a principal of the firm, Charlotte is responsible for marketing and research
services, and manages a variety of projects and fund-raising campaigns for
clients. She brings to WPO more than 25 years of marketing and strategic
planning experience from her work at Blue Cross - Blue Shield, Holiday Inns,
Inc., and Florida Power and Light Company, where she was instrumental as a
team member in the company's successful effort to win the Deming Award for
Quality. FPL is the only company outside of Japan to receive the oldest and most
prestigious award of its kind in the world.
Following 20 years in the corporate sector, Charlotte gained extensive non-
profit experience as Chief Operating Officer, Chief Financial Officer and
Marketing Director of the Palm Beach County Cultural Council, a unique
;lY
position that allowed her to use her skills and expertise to best advantage in
the vast cultural tourism industry so important to South Florida.
Charlotte is an active business and community leader, currently serving as a
director of Lydian Bank and Trust. She is a member of Executive Women of the
Palm Beaches where she chairs its strategic-planning committee and co-chairs
its annual Women in Leadership Awards luncheon, a special event that attracts
more than 500 attendees each spring and raises awareness and funding for
scholarships and program support for women and girls in Palm Beach County.
A member of MENSAlIP and the Association of Fundraising Professionals,
Charlotte serves on the boards of the West Palm Beach Library Foundation, Inc,
and the Arthur R. Marshall Foundation/Florida Environmental Institute.
She holds a BA in Business Administration (Marketing) from the University of
Southern Mississippi, and remains a student of best practices in organizational
development, marketing, strategic planning and fund raising.
&5
13. Contracts on hand.
Palm Healthcare Foundation PR and Grant Services
Boca Raton Museum of Art Fundraising Feasibility
Boy Scouts of America Gulf Stream Council Campaign Management
Glades Healthcare Foundation Campaign Management
Area Agency on Aging Pre-Campaign Management
Susan G. Komen for the Cure PR Services
The Carlyle - Palm Beach PR Services
Oakwood Center of the Palm Beaches PR Services
Hearts and Hope, Inc. Pre-Campaign Management
Palm Beach Infectious Disease Institute Strategic Planning
The Salvation Army - Alexandria, AL Fundraising Feasibility
The Salvation Army - Norman, OK Fundraising Feasibility
The Salvation Army - Odessa, TX Fundraising Feasibility
The Salvation Army - Oklahoma City, OK Strategic Planning and
Fundraising Feasibility
The Salvation Army - Reidsville, NC Fundraising Feasibility
The Salvation Army - Shawnee, OK Planning
The Salvation Army - Tulsa, OK Campaign Management
Healthtrust Foundation Campaign Management
SOS Children's Village Fundraising Feasibility
St. Mark's Episcopal Church and School Donor Database Research
:;~
Town of Lexington, SC Fundraising Feasibility
Urban Youth Impact Organizational Development
and Grant Services
d-.;
ANTI-KICKBACK AFFIDA VIT
STATE OF FLORIDA I
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation,
By: ~~erL-
NA.\1E- SIGNA TlrRE
Sworn and subscribed before me
this ;I/~ day of rr~~/, ' 20 ()CJ
Printed Information:
Chart lo~e- Pe-/-h~
NAME
PI' e.. ~ l' ciLiA.. -C ..----,.-
TITLE
rJ.' , " j,~
N~UBLIc' State of Florida ~ UrLV.Ao a~ tl~, ) k <2
at Large
COMP "A..i"fY
#!", VIRGINIA L. DEIGHAN
~ MY COMMISSION 1/ DD52126 t
'\';:1' SUl'IR&\l:A)l\'iIOUOIO
I oNOTAllV /'t'~"'-I_C<>.
"OFFICIAL NOTARY SEAL" STAMP
TIDS PAGE TO BE SUBMITTED ALONG \\lITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE Al'ID ACCEPTABLE ::l~
::tit
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of F /-'of!./lJ A )
County of ?/f/.,.f/II l3ea ch )
c ~ a...1' t. () -rre f)e. "" ro AI , being first duly sworn, deposes and says that:
1) He is jJ r e 51 "de IV T of Wlfrel"'s. f'~~", TO III , the qualifier that
(Title) (Name of Corporation or Firm)
has submitted the attached RFP:
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said REP is genuine and is not a collusive or sham RFP;
4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a
collusive or sham RFP in connection with the Contract for which the attached RFP has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any
other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP
price of any other qualifier, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the e 1T1( OF &iiAlTlJAI ~e ~c.j, (Local
Public Agency) or any person interested in the proposed Contract; ....and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on t, including this affiant.
(Signed) he part of the qualifier or any of its, ag~n~s, represe(t~wners, employees,
or partIes m mterest ,(.0 :hry-y-....
(Title) fr e C;i~
Subscribed and sworn to before me
This ;: /,.tvV' day of ~ ,20~
My commission expires ~ VIRGINIA L. DEIGHAN ~
,_ MY COMMISSION # 0\)521261 ~'
\;:; EXPJRES: AprIl OS. 2010 .
" ,;;:::m1a.Y fLNaIIIy ~ ........ a, .
"t~~_~-_..........-_v..."'.""J\,?Y~ .
TIDS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ~q
-!JfI
CONFIRt"lATION OF MINORITY OWNED BUSI~ESS
A requested form to be made a part of our files for future use and information. Please fill our and
indicate in the appropriate spaces provided which category best describes your company, Retum
this form with your bid proposal sheet making it an official part of your bid response,
Is your company a Minority Owned Business? ~--~-----
Yes :\)'0
If Yes, please indicate by an "X" in the appropriate box:
( ) AJ\1ERICAN INDLL\N
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER ,--
-,
( specifY)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES \JO .'L.
,--"- If YES, Name the Organization from which this certification was obtained and date:
NIA- -----,~-'~---~-
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SlTBMITTED ALONG WITH RESPONSE .30
-*
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUBMITTALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section,
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~
Vendor's Signature
31
TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR ~
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SCllEDlJLE OF SUBCONTRACTING/MINORITY BUSINI~SS ENTERPRISE (MBE/WBE) PARTICIPATION
I\Il>DERS ARE TO SUBMIT A DETAILED l.ISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY
REASON
Rl'P TITLE. "FORMATION OF A 501 c3 NOT FOR PROFiT ORGANIZATIONANJ> RELATED SERVICES"
RFl' #: 021-1210-09/CJD
MAIN CONTRACTOR NAME: ------,---- -------
*MINORlTY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify)
------ ----------------- ---_._-,-"-~~ .------------ ,--..------- .----------
MINORITY
-,-~._-
NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOI.LAR 0.0 ()I'
- U f1
SUBCONTRACTOR TO BE lJ [J *(see key AMOUNT ['I )'1''' I
PERFORMED Yes No ~~l_ Yes No I
----,-----------------_.,-" .---.. --.
!
}J\A- I
". - ---~--- ,.
-_...~- i.-_
I
+ -
I
j I
VJ
~
TillS PAC/( TO BE SUBMITTED ALON(; WITIIIU~SPONSE IN ORDER FOR
P<\CKA(;/<'. TO BF ('ONSIIHW.IW COM" TF AND AC( 'I( PTABL/<:
EXHIBIT "A"
CONSULTANT AGREEMENT FOR
"THE FORMATION OF A SOle3 NOT FOR PROFIT ORGANIZATION
AND RELATED SERVICES"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and The Waters Pelton Oreanization. Inc., hereinafter referred to as "the
Consultant", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this agreement 12 months from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. TERM: This Agreement shall be for a term as stated in the proposal (See Exhibit "A")
commencing on the date the Agreement is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Consultant shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or his designee.
c. The Consultant may submit invoices to the City once per month during the progress of the
work for partial payment for project completed to date. Such invoices will be reviewed by
the City, and upon approval thereof, payment will be made to the Consultant in the amount
approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
CA-l
f. The Consultant's records and accounts pertaining to this agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws.
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant.
or any employee of Consultant.
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant.
CA-2
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed
by it under this agreement, will not discriminate on the grounds ofrace, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. NON-WANER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
b..In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations ofthis Agreement between
surviving members of the Consultant and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Debbie Majors, Grant Coordinator
100 E. Boynton Beach Blvd.
P.O. Box 310 Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
The Waters Pelton Organization, Inc.
477 S. Rosemary Ave. Suite 315
West Palm Beach, FL 33401
CA-3
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant
DATED this _ day of ,20
------
CITY OF BOYNTON BEACH
City Manager Consultant
Attest! Authenticated:
----~----"---
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
-
Office of the City Attorney Secretary
Rev. 1/22/91
CA-4
EXHIBIT "A"
Scope of Services
Attached
CA-5
C!1'LQLBoynton_Beach" F.Ktrid_a E'roQQ~gl fQJ EQ[matioll QfNQt.FQJ Pr_o[iJc:olQ.Q.Lat!clI
WPO's Approach To the RFP Obiectives and Related Tasks
WPO's success lies in its team approach to every project it undertakes.
Knowing that two heads truly are better than one, WPO has secured a team of
seasoned professionals, each with his or her unique talents, education,
interests, experience and perspective. WPO also strives to create a workplace
environment that respects the uniqueness of each project and honors the teams
of volunteers that we work with to ensure that the resulting organizations,
projects and communities are made stronger and more successful than before.
Regarding this project, WPO was instrumental in developing the recommended
tasks outlined in the RFP after completing the aforementioned Fund Raising
Study. These tasks were based upon our evaluation of the findings in the study
and our experience and knowledge of the components necessary for
successfully launching a new organization to serve the community.
We are prepared to implement these recommendations in the following manner:
Task 1. Fully define and articulate the orqanization's purpose. the
community's unmet needs that the Foundation aims to meet. and its future
goals and obiectives to meet those needs; and develop the materials necessary
to communicate this information to key constituencies.
This is the most critical step, as the findings of the Feasibility Study clearly
indicate that future success will depend greatly on the Foundation's leadership
structure as well as the strength of a future campaign organization. A greatly
broadened cross section of community leaders will be necessary to provide
access to the entire community of those who might consider support of this
project. Specific attention should be given to cultivation and recruitment of
individuals who could potentially provide or access the top or lead gifts. This
cultivation and recruitment process should begin immediately as this will take
time to accomplish.
. Project leader and WPO principal Charlotte Pelton will work with City staff to
develop a volunteer committee of interested parties. This committee will be
tasked with fully discussing 1) the findings of the previously mentioned
feasibility study, 2) unmet community needs, and 3) how those needs might
be met through the formation of this new community-based entity. This
work will help better define organization's purpose (mission), and will allow
members their focus as the committee also works to identify potential board
members who might be interested in joining the effort as leaders of the new
organization.
~-~-~-
The Waters Pelton Organization, Inc.
Fund Raising. Planning. Marketing Communications
City of Boynton Beach, Florida Proposal for Formation of Not For Profit Corporation
. WPO's Marketing Communications head Melanie Otero will use the
information gleaned from these meetings as well as information from the
City regarding the project to develop key communications components,
including but not limited to: organizational brand (name/logo/stationery
package/website splash page), a preliminary brochure or PowerPoint
presentation, and Frequently Asked Questions. These materials will be
developed as needed, and all creative and printing costs associated with the
development of these materials will be pre-approved by City staff, committee
or board, as appropriate.
These materials should proactively address questions involving the relationship
between the Foundation and the City of Boynton Beach so that potential donors
and volunteers have clarity on these issues prior to any additional movement
toward a fund raising effort.
Task 2. Develop a strong board of directors. reaching out to those within
and outside of Boynton Beach at the highest leadership levels. in preparation
for a future campaign: and initiate a comprehensive program to identify and
evaluate future campaian leadership prospects.
. Pelton will also work with the volunteer committee, utilizing the information
previously identified in the study and leading this committee through
additional brainstorming sessions, in order to fully flesh out a list of
potential foundation board members and future campaign leadership team
members.
. In concert with the rest of the WPO team and the volunteer committee,
Pelton will develop a strategic program of leadership identification, contact
and cultivation, using each member's knowledge and relationships to the
best extent possible. Volunteer training will be Included within this program
to ensure that all volunteers are prepared for their respective roles.
. WPO's Grant Services Department, managed by Carrie Williams, will utilize
the list of brainstormed names to conduct donor and foundation related
research to provide the committee has the best information readily available
before any contacts are made with potential board members. This research
is provided through WealthEngine@ (wealthengine.com) and the Foundation
Center On/ine@ as a part of this scope of work, and the cost for these
services is included in the monthly consulting fee.
The Waters Pelton Organization, lnc. 9
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida ---..---- - , P[Qp~?ilJfQLEQIrn a tio rLQf..l-LQ!J=Qr PfQ.fi t ~CQ IJl.Qra t I 0 f'
Task 3. Assist the not-for-profit's board of directors in developing a
leadership awareness strategy and action plan to educate and cultivate business
and community leaders and philanthropists about the purpose of the
organization. and to also educate them regarding the proposed plans for the
park proiect and its impact on those it will serve. Within this strategy should be
a tarqeted public relations plan to enhance the organization's profile in the
community.
The primary concentration of this effort should begin as an integral part the
campaign preparation program. The plan should involve communication of
needs of the community and how the new non-profit's efforts will meet those
needs, and should be targeted to speCific groups of key constituencies (top
corporate leadership, foundations, prominent individuals and other volunteers).
This program will serve to enlarge the potential volunteer base required for the
campaign, as well as develop additional contacts for prospective funding
opportunities, and should include individuals and organizations from outside
the Boynton Beach area that would have an interest in the project because of
the target populations it aims to serve.
. As outlined in Task 2 above, Pelton and her team will work with the
committee (and board members as they are identified and recruited) to also
expand the list to include businesses, community leaders and
philanthropists who might have an interest in the project because of its
purpose and potential impact it will have on families whose members have
disabilities.
. Otero will develop a targeted PR plan to raise visibility of the newly formed
organization, its volunteer leaders, and the proposed project components in
need of funding.
Task 4. AdOPt the $11 million goal outlined in the Case for Support only as
an internal overall workinq goal and seek input from potential donors as to the
elements most appealing to them in order to consider a phased approach to a
future campaign.
This phased approach should be actively discussed during this pre-campaign
period when the initial identification of campaign participants and the
cultivation of lead and upper level gifts take place. Once proper leadership and
donor education has been completed and appropriate campaign leadership has
been identified, the Board should then determine how and when to move
-- - ----
The Waters Pelton Organization, Inc. 1(;
Fund Raising. Planning. Marketing Communications
City of Boynton Beach. Florida Proposal for Formation of Not For Profit Corporation
forward with the formal campaign. This process should include consideration
of phasing or other alternative approaches to funding the elements of the plan.
. WPO's team will work closely with City staff to develop budget and
programmatic information for each component of the project, along with key
user statistics and potential program partnerships. This information will be
important to use in speaking with potential volunteer leaders and donors
(including foundations and corporations) in order to help the Board prioritize
the components most appealing for the first campaign phase. It will also be
vital to the development of any foundation grants as well.
Task 5. Provide a timeline and schedule for this effort.
MONTHS 1-4
. Form ad hoc committee and fully define/refine the organization's purpose
first articulated in the draft Articles of Incorporation and Bylaws in preparation
for filing for incorporation.
. Identify unmet community needs that the Foundation aims to meet and
develop future goals and objectives to meet those needs.
. Identify specific concerns and develop strategies to address those concerns
identified during the course of the study related to the "broad focus" of the
Foundation.
. Develop preliminary marketing materials necessary to communicate this
information to key constituencies.
. Develop a strategy for recruiting a strong board of directors.
. File for incorporation of foundation once the initial board is in place.
MONTHS 5-7
. Develop a leadership awareness strategy and action plan to educate and
cultivate business and community leaders and philanthropists about the
purpose of the Foundation, and to educate them regarding the proposed plans
for the park project and its impact on those it will serve.
. Develop a targeted public relations plan to enhance the organization's
profile in the community.
. Initiate a comprehensive program to identify and evaluate future campaign
leadership prospects.
The Waters Pelton Organization, Inc. 11
Fund Raising. Planning. Marketing Communications
(JJ'L9f BoyntoQ Beach, Florida . PrQQ.osal for f.QlJIlatiQn of Not.f9L f'[QfitC9.IQ.Qr~tlor,
. Initiate a program to cultivate individuals who could potentially provide or
access the top or lead gifts and seek input as to the elements most appealing to
them in order to consider a phased approach to a future campaign.
. Identify dedication/memorial gift opportunities based upon plans and input
from potential donors.
MONTHS 8-1 2
. Develop and implement a prospect identification/donor cultivation program
targeting donors capable of gifts of $1 0,000 and above.
. Research and assemble prospective donor database and determine which
prospective donors have the capacity for making gifts of $100,000 or more.
. Evaluate progress to date against objectives outlined in this proposal and
make a determination as to how and when to move forward with the formal
campaign, considering phasing or other alternative approaches to funding
the elements of the plan.
Task 6. Provide consultant cost proposal to accomplish the above tasks
including budget estimate for marketing materials (printing, brochures, etc.)
PROFESSIONAL FEES
WPO proposes to staff this organizational development phase for a period of
twelve (12) months at a cost of Four Thousand Five Hundred Twenty Dollars
and Eighty Three Cents ($4,520.83) per month.
This is comprised of the following estimates of consulting services to
accomplish the objectives as outlined in the RFP:
Charlotte Pelton 200 hours total $40,000
Carrie Williams 50 hours total $ 6,750
Melanie Otero 50 hours total $ 7,500
REIMBURSABLE EXPENSES
The City of Boynton Beach will also be responsible for reimbursing WPO for all
actual and reasonable out-of-pocket expenses for travel, meals, postage,
photocopying, long distance telephone and facsimile charges, preparation of
specialized materials and any other expenses directly related to this
_~~ m~_'_
The Waters Pelton Organization, Inc.
Fund Raising. Planning. Marketing Communications
Citv of Bovnton Beach. Florida Proposal for Formation of Not For Profit Corooration
assignment. As noted above, these expenses are estimated not to exceed $250
per month for a total of $3,000.
Marketing materials will be developed during the course of this project and are
budgeted at $1 5,000. WPO will provide written estimates in advance for pre-
approval of all expenses related to the creation and production of printed and
other communications materials.
TOTAL BUDGET
The total budget is estimated to be $72,250. This includes $4,520.83 per
month for consulting services ($54,250 total as outlined above), $250 per
month for out of pocket expenses ($3,000 total), and $15,000 (total) for
marketing materials development, including printed materials and basic web
development.
The Waters Pelton Organization, Inc. 13
Fund Raising. Planning. Marketing Communications
City of Boynton Beacb.,Jlorida____ PCQQQ2Q.UQrj'ormilii.QD 9iNot C9I e,r.QfJ.r.co,,!p_Qr.Q.1LQIJ
Reportinq and Accountability
In conducting this work for the City of Boynton Beach, we will provide a system
of reporting and accountability that will ensure the following:
. Thorough and accurate monthly reports on the progress against work plan
and timeline.
. Timely reporting will include City staff and ad hoc committee members until
the Board of Directors is formed. At that time Board Members will also be
included.
. Marketing materials are developed that will satisfy the demands of the top
level community leaders that we aim to recruit as organizational and future
campaign volunteers.
References
C. David Goodlett, Chairman
Glades Healthcare Foundation
West Palm Beach, FL
(561) 833-6333
Adrianne Weissman, 2009 Race Chair
Susan G. Komen for the Cure
West Palm Beach, FL
(561) 841-0041
Gaetana (Tana) Ebbole, CEO
Children's Services Council
West Palm Beach, FL
(561) 655-1010
.~-- -.---
The Waters Pelton Organization, Inc. !
Fund Raising. Planning. Marketing Communications
. City of Bovnton Beach. Florida Proposal for Formation of Not For Profit Corooration
Lawsuits
The Waters Pelton Organization, Inc. has not been named as a party in any
lawsuits in the past four (4) years.
RFP Authorization
This proposal for services is in response to RFP # 021-121 0-09jCJD as evidenced
by the signature hereto:
THE WATERS PELTON ORGANIZATION. INC.
-----~~---- _____~~~~i_~~___
Charlotte Pelton Date
President
The Waters Pelton Organization, Inc. 15
Fund Raising. Planning. Marketing Communications
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to 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)
o January 20,2009 January 5, 2009 (Noon) o March 17,2009 March 2. 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) [gI April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Motion to adopt a Resolution to assess the cost of nuisance abatement on properties within the City
of Boynton Beach.
EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list
contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 3D-day period. Copies of the invoices were
then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of
the invoice and a letter which offered an opportunity to pay the invoice within an additional 3D-day period. The attached list
contains the names of the property owners who have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm
Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the
City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before
the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the
Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and
another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
PROGRAM IMPACT:
FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services
that were provided when the nuisances were abated.
The alternative would be to not place liens on
?
. !
~/~,
As:!ant to City Manager (ju( --'
~ ../
Department Name City Attorney / Finance
S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for 02-04-09 Data List.doc
1 I RESOLUTION NO. 09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA ASSESSING THE COSTS OF
5 ABA TEMENT OF CERT AIN NUISANCES
6 AGAINST THE OWNERS OF THE PROPERTIES
7 INVOL VED; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10
11
12 WHEREAS, in December, 2008, a contract vendor was requested by Code
13 Compliance to mow the lots of the properties described in Exhibit "A"; and
14
15 WHEREAS, the owners of the parcel(s) of property hereinafter described were
16 invoiced by the Finance Department on two occasions in an effort to recoup these costs with
17 no response; and
18
19 WHEREAS, said nuisance was not abated as required: and.
20
21 WHEREAS, on February 4, 2009, all of the property owners listed in the attached
22 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to
23 avoid incurring a lien on their property; and
24
25 WHEREAS, the City Manager or his authorized representative has made a report of
26 costs actually incurred by the City and abatement of said nuisance as to the property(s)
27 involved, which is described in Exhibit "A" attached to this Resolution; and
28
29 WHEREAS, upon passage of this Resolution, the property owners will be furnished
30 with a copy of this Resolution, and given one more opportunity to remit all costs associated
31 with the abatement in full within 30 days of the passage of the Resolution, before transmittal
32 to the County for recordation of Liens; and
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
37
38 Section I: Each Whereas clause set forth above is true and correct and
39 incorporated herein by this reference,
40
41 Section 2: The amount of costs incurred by the City and the abatement of the
42 above-described nuisance as to the parcels of land. owned and indicated to \vit:
43
44
45 SEE ATTACHED COMPOSITE EXHIBIT "A'-
46
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 040709.doc
1 (Charges cover Invoices dated December, 2008)
2 Subject amount is hereby assessed as liens against said parcels of land as
3 indicated, plus an additional administrative charge of $30.00 for each Lien.
4 Liens shall be of equal dignity with the taxes there from for the year 2008, and
5 shall be enforced and collected in like manner pursuant to applicable
6 provisions of law. In the event collection proceedings are necessary, the
7 property owner shall pay all costs of the proceedings, including reasonable
8 attorneys fees.
9
10 Section 3. This Resolution shall become effective immediately upon passage.
11
12 PASSED AND ADOPTED this _ day of April, 2009.
13
14 CITY OF BOYNTON BEACH, FLORIDA
15
16
17 Mayor - Jerry Taylor
18
19
20 Vice Mayor - Jose Rodriguez
21
22
23 Commissioner - Ronald Weiland
24
25
26 Commissioner - Woodrow L. Hay
27 ATTEST:
28
29 Commissioner - Marlene Ross
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36 {Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 040709.doc
. F'''''',me "''',me - -~ Com,,", -_...~-,
StreetAddress Ci StateZi Invoice# CEB# PCN# Salutation #ofda s Dollars LienAmt*
VIOLA FEDERHENN 706 NE 7TH AVE BOYNTON BEACH FL 23443 08- 3683 084345220 Ms, 64 206,03 236.03
33435 - ~-'-----'"" - - --.-- -.-' 30020100 federhenn ,-
CHARLIE- '- ANDREWS ET AL - - ' -- ,- 641 NW-srH'S'T--- BOYNTON BEACH FL 23444 08-3682 084345212 Mr. Andrews 64 206,03 236.03
---- ----'-'."- 33435 20030050
WEST OCEAN 777 E ATLANTIC AVE DELRA Y BEACH FL 23445 08- 3579 084345290 To Whom It 64 509.09 539.09
BLVD. TRUST C2PMB123 33483 10110010 Ma Concern
e. ~~, f11.& f113. ,~ -
'-"=-.,
ANTHONY & GIOVINAZZO 3260 ORANGE ST BOYNTON BEACH FL 23447 08-2812 084345091 Mr. & Mrs. 64 398.09 42809 I
LINDA -----". 33435 30080321 Giovinazzo 1
--- ----'----- -- ---.
ESTATE OF RIVERS 515 NW 11 AVE BOYNTON BEACH FL 23448 08-2834 084345211 To Whom It 63 398.09 428,09
GENNIE LUE 33435 40003400 Ma Concern
-...--.- - ~-'- ~. i
NORBEY TOBON 26 SW 1 ST BOYNTON BEACH FL 23449 08-2989 084345281 To Whom It 63 398,09 428.09 i
& DIANA GARCE 33435 00150291 May Concern I
-~--'---- ----..--'- -, - 428,09 -,J
STEPHEN B. WEISS 706 OCEAN INLET DRIVE BOYNTON BEACH FL 23450 08-2750 084345220 Mr. Weiss 63 298.09
_.._~--_.- -~-- 33435 60000280 ~--~.---
DEUTSCHE PO BOX 13716 SACRAMENTO CA 95853 23451 08-2828 084345091 To Whom It 63 298,09 428.09 I
I BANK NAT'L 30130021 May Concern I
TRUST CO I
r KEN ~----_.~_.~..- ---- . _._-- 428.09 'I
JOHNSON 1476 NW SECOND STREET BOYNTON BEACH FL 23460 08-3449 084345160 Mr. Johnson 62 398.09
33435 10390130 I
,._-~- -----. .,-----1
I GAYLE GILBERT 620 NE 91H AVE-'- BOYNTON BEACH FL 23461 08-3471 084345213 To Whom It 62 398.09 428.09 i
~AME~9RI\:.LO 33435 '_'00 ~'Co~~l~ I
. nl
I GREGORY E MAY 7521 NW 23 ST FORT LAUDERDALE FL 23462 08- 3448 084345160 Mr. May 62 398,09 428,09 \
i 33313 10400170, _ _.__ ,
f-..---~"- 706 NE7'RAVE r BOYNTON BEACH FL
i VIOLA FEDERHENN 23443 08- 3854 08434S220 Ms. 48 206.03 236.03
______' ..,_,.._-1.-___ \ 33435 30020100 Federhenn -I
CHARLIE I ANDREWSIT AL 641 NW-S1H ST , BOYNTON BEACH FL I 23444 i 08-3855 084345212 Mr, Andrews ! 48 I 206.03 236.03
l}.3435 I L 2003005_0 i I
L i L_
*LIEN AMOUNT INCLUDES $30.00 ADMINISTRATIVE FEE.
o \LL\WP\L01 MOWING ASSESSMENTS\f'ROCESS STEf'SIYear 2009\Data List for FiT5t Set of Notices' 02'04,09,doc
!
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meetina Turned in to City Clerk's Commission Meetina Turned in to City Clerk's
Dates Office Dates Office
0 December 16. 2008 December 1. 2008 (Noon) 0 February 17.2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3. 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5. 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3. 2009 January 19.2009 (Noon) rgJ April 7, 2009 March 16. 2009 (Noon)
0 An nou ncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rgJ Consent Agenda 0 Legal
0 Code Compliance & Legal 0
Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Requesting approval of Resolution R09- OS9approving the
adoption of the use of CRALLS funds in the amount of $100,000 as a subsidy for the Community
Redevelopment Agency project known as Ocean Breeze. This is an amendment to Resolution
07-80 approved on July 17,2007.
EXPLANATION: Palm Beach County's Transportation Element to its Comprehensive
Plan dictates that..."the City of Boynton Beach prepare and submit annual reports that
monitor traffic volumes on affected roadway link and intersections, and provide status reports
on compliance with all of the mitigation measures identified in the policy. Mitigation
measures required to be implemented in conjunction with this Constrained Roadway at Lower
Level of Service (CRALLS) program, included conditions for developments which proposed
more than 10 dwelling units using CRALLS to set aside appropriate percentages for incomes at
and below 120% of the median income."
In 2007, The Boynton Town Center and Boynton Village (Winchester Property) chose to
contribute the fee in-lieu of, which amounted to $750,000 received by the City of Boynton
Beach. The Palm Beach County Board of County Commission established that... "this process
may be used by any other development with a residential component. The proceeds of this
program shall be paid to the City of Boynton Beach's affordable housing programs to finance
land acquisition, homeowner assistance, or other actions to further the City's affordable
housing objectives as specified in the City of Boynton Beach Comprehensive Plan."
PROGRAM IMPACT: At the July 17, 2007 Commission meeting, the Board approved
Resolution R07 -080, which established the policy governing the use of these funds. This policy
was recommended in accordance with the city's State Housing Initiative Partnership (SHIP)
Program, and pursuant to the guidelines in the Transportation Element of the Palm Beach
County comprehensive Plan. The following represents the four (4) approved activities:
Agenda Memorandum
Page 2 of 2
April 7, 2009
1. Providing Gap financing to assist first time homebuyers to achieve homeownership.
Assist very-low, low and moderate homebuyers with the purchase of a home.
This loan will provide "GAP" financing in the form of a zero percent interest (0%)
deferred loan for first time mortgage assistance to insure affordable monthly
payments. Eligible costs under this strategy may include but are not limited to
down payment and closing costs on first mortgage and repairs needed to make
the unit habitable. Eligible properties include newly constructed homes (built
within 12 months of closing), or existing homes, which mayor may not need
rehabilitation. Rehabilitation is defined as the repairs or improvements needed
for safe and sanitary habitation, correction of substantial code violations or the
creation of living space due to overcrowding. This is the activity that can be
addressed by re-allocation of the $100,000 CRALLS funds to the CRA. This is per
the draft resolution attached.
2. Repair/Rehabilitation of properties where maintenance has been deferred.
3. Disaster Mitigation and Recovery.
4. Land acquisition and fees associated with the development of affordable housing.
FISCAL IMPACT: If amended, the reallocation of the CRALLS funding will be dispersed to the
CRA by the City. The eRA will then provide funding for the Ocean Breeze developer based
on an agreement between the CRA and the developer. This agreement must be approved
by the CRA Board.
ALTERNATIVES: Do not authorize the change in allocation of CRALLS Funding to the CRA for the
Ocean Breeze project and continue with the allocation of funds pursuant to Resolution 07-80.
Director's Signature
~-
City Manager's Signature
Assistant to City Manager ~
Community Redevelopment Agency
City Attorney / Finance
Attachments:
1. Draft Resolution amending Resolution 07-80
2. City Commission Agenda Coversheet for July 17,2007
3. Resolution 07-80 approved by City Commission on July 17,2009 (includes allocation and use
criteria for the $750,000 CRALLS funds)
4. CRA Agenda Coversheet for Meeting of October 14, 2008 proposing allocation of CRALLS funds
to Ocean Breeze Project. (Amount not specified)
5. CRA Minutes of October 14, 2008, pages 34-35
6. City Commission Minutes of November 5,2008, pages 8-9. CRA staff is asking that the $100,000
CRALLS allocation be approved.
C:\Documents and Settings\bressnerk\My Documents\Agenda ItemCRALLSKBReyised 040709.doc
II
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
RESOLUTION 07-080 TO CLARIFY AND AUTHORIZE
USE OF CONSTRAINED ROADWAY AT LOWER
LEVELS OF SERVICE (CRALLS) FUNDING;
SPECIFICALLY APPROVING THE USE OF $100,000 OF
CRALLS FUNDS FOR HOMEOWNER ASSISTANCE IN
THE COMMUNITY REDEVELOPMENT PROJECT
COMMONL Y REFERRED TO AS "OCEAN
BREEZE" AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on July 17, 2007 the City Commission adopted Resolution 07-080 to
establish a policy regarding the use of Constrained Roadway at Lower Levels of Service
(CRALLS) funds. Approved use of funds included use for homeowner assistance and other
actions to further the City's affordable housing objectives; and
WHEREAS, the City Commission finds that the re-allocation of $100,000.00 to the
Boynton Beach Community Redevelopment Agency, which in turn will make those funds
available for homeowner assistance in the Ocean Breeze redevelopment project, is consistent
with the use of funds policy established by Resolution 07-080.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The above referenced whereas clauses are incorporated herein by
reference.
Section 2.
The City Commission of the City of Boynton Beach expressly approves
the transfer of $100,000.00 of CRALLS funds to the Boynton Beach Community
Redevelopment Agency (CRA) for subsequent re-distribution by the CRA for homeowner
assistance for the Ocean Breeze redevelopment project. Re-distribution by the CRA shall be
made pursuant to an agreement between the CRA and the developer of the Ocean Breeze
II
redevelopment project under terms and conditions to be approved by the Community
Redevelopment Agency Board.
Section 3.
All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4.
If any clause, section, other part or application of this resolution is held
by any Court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 5.
This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED this
day of
,2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
H:\1990\900182.BB\RESO\amending Reso 07080-0cean Breeze funding. doc
r...\"'(v...o...
v.' ,J:"-
DJ,
0\ .'
J-'-, ..' 1..'
, /'-""
~ " '7-_' ...- -. '-/'
t " \-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Turned in to City Clerk's
Dates Office Dates Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18. 2007 (Noon)
0 May 15. 2007 April 30, 2007 (Noon) rgJ July 17, 2007 July 2. 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7. 2007 July 16,2007 (Noon)
0 An nouncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rgJ Consent Agenda 0 Legal
0 Code Compliance & Legal 0
Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends the approval of Resolution R07- to adopt a policy
regarding the use of fee-in-Iieu Constrained Roadway at Lower Level of Service (CRALLS) facilities
funding.
EXPLANATION: CRALLS Mitigation Measures, as endorsed by the City Of Boynton Beach and
adopted by the Palm Beach County Board of Commissioners, includes the requirement thaI any
development including more than ten (10) dwelling units that is utilizing CRALLS shall set aside various
levels of affordable housing. However, as an alternative to providing workforce housing units, the
Boynton Town Center and Boynton Village developments chose to contribute a fee in-lieu amounting to
$750,000. Other developments with a residential component may also choose to contribute a fee in lieu
of units. These fees are used by the City Of Boynton Beach's affordable housing program(s) to finance
land acquisition, homeowner assistance, and other actions to further the City's affordable housing
objectives as specified in the City's Comprehensive Plan.
PROGRAM IMPACT: The City currently has in place its Local Housing Assistance Plan (LHAP,) which
provides the outline for how State Housing Initiatives Partnership (SHIP) funding is utilized for its affordable
housing initiatives. To keep consistency, staff recommends using these same guidelines in creating a
policy for use of the CRALLS funding. These guidelines are as follows:
1. Providing Gap financing to assist first time homebuyers to achieve homeownership.
2. Repair/Rehabilitation of properties where maintenance has been deferred.
3. Disaster Mitigation and Recovery.
4. Land acquisition and fees associated with the development of affordable housing.
City Of Boynton Beach
Agenda Item Request Form
City Commission Meeting July 17,2007
Program activities would be restricted to residents of the City Of Boynton Beach or looking to purchase
a home within the City limits, and would follow the income limits and purchase price requirement
currently in place. Fifteen percent (15%) of the funding would go for administrative costs associated with
the delivery of this program.
FISCAL IMPACT:
Additional funding available to further affordable housing needs.
ALTERNATIVES:
None.
Departmen
L
City Manager's Signature
Community Improvement Division
Department of Development
1
2
3
4
5
6
7
8
9
RESOLUTION NO. 07- oeo
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
THE ADOPTION OF A POLICY REGARDING THE USE
OF FEE-IN-LIEU CONSTRAINED ROADWAY AT LOWER
LEVEL OF SERVICE (CRALLS) FACILITIES FUNDING;
PROVIDING FOR AN EFFECTIVE DATE
10
WHEREAS, CRALLS Mitigation Measures includes the requirement that any
11
development including more than ten (10) dwelling units that is utilizing CRALLS shall set aside
12
various levels of affordable housing; and
13
WHEREAS, developments with a residential component may choose to contribute a fee
14
in lieu of units which fees can be used by the City of Boynton Beach for its affordable housing
15
programs to finance land acquisitions; and
16
WHEREAS, City staff recommends to the City Commission that it approve the
17
adoption of a policy regarding the use of fee-in-lieu Constrained Roadway at Lower Level of
18
Service (CRALLS) facilities funding.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20
THE CITY OF BOYNTON BEACH, FLORIDA:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
25 approves and adopts a policy regarding the use of fee-in-lieu Constrained Roadway at Lower
26 Level of Service (CRALLS) facilities funding.
1
S:\CA\RESO\CRALLS.doc
i I
1
Section 3.
This Resolution shall become effective upon adoption.
2
PASSED AND ADOPTED the Ii day of July, 2007.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23
24
25
26
27
28 (C
29
30
31
~
2
S :\CA \RESO\CRALLS .doc
City Of Boynton Beach
Agenda Item Request Form
City Commission Meeting July 17,2007
City Of Boynton Beach Affordable Housing Program Policy Guidelines
1. GAP Financing Purchase Assistance Loan Program
Assist very-low, low and moderate homebuyerswith the purchase of a home. This loan will provide
"GAP" financing in the form of a zero percent interest (0%) deferred loan for first time mortgage
assistance to insure affordable monthly payments. Eligible costs under this strategy may include but are
not limited to down payment and closing costs on first mortgage and repairs needed to make the unit
habitable. Eligible properties include newly constructed homes (built within 12 months of closing), or
existing homes, which mayor may not need rehabilitation. Rehabilitation is defined as the repairs or
improvements needed for safe and sanitary habitation, correction of substantial code violations or the
creation of living space due to overcrowding.
Income Category Maximum Award/with repairs*
Very Low
Low
Moderate
$75,000/$85,000
$75,000/$85,000
$50,000/$60,000
* An additional $10,000 may be available above purchase assistance for necessary code-related repairs
when applicable.
2. Repair/Rehabilitation Deferred Loan
This program is designed to assist very-low, low or moderate-income homeowners with needed repairs
as defined by Chapter 67-37, Florida Administrative Code. Rehabilitation is defined as the repairs or
improvements, which are needed for safe or sanitary habitation, correction of substantial code
violations.
Income Category
Maximum Award
Very Low ...................................................................... $40,000.00
Low...................................................................................40,000.00
Moderate...................................................................... .20,000.00
3. Disaster Mitigation and Recovery
The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim
repair to avoid further damage, tree and debris removal required to make individual housing unit
habitable, and post disaster assistance with non-insured repairs. The maximum award of funds for this
strategy may not exceed $10,000 per unit.
4. Land Acquisition
This strategy will provide funds to acquire properties for future development by non-profit and public
agencies. Properties will be acquired through deed and tax sales, foreclosure of government liens, and
through private purchases. Properties will be donated to non-profit agencies that will access the City of
Boynton Beach's Affordable Housing Program for the development of the property.
Strategies would be restricted to residents of the City Of Boynton Beach or looking to purchase a home
within the City limits, and would follow the income limits currently in place. Fifteen percent (15%) of the
funding would go for administrative costs associated with the delivery of these strategies. Funding used
for GAP financing and housing rehabilitation would be secured by, zero percent (0%) second
mortgages currently used by the City. Funds returned to the City through the sale or refinance of
assisted properties would be returned to the CRALLS fund for continued affordable housing activities.
S:\Community Improvement\Agenda Requests\2007\CC7-17 CRALLS $.doc
~~~qr~T2~ eRA
iIi East Side-West S',de- Seaside Renaissance
eRA BOARD MEETING OF: October 14, 2008
I I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration of Recommending to City Commission an Allocation of
Funds to the MLK Corridor and Ocean Breeze Projects.
SUMMARY:
· American Realty is proposing to develop 30 single-family homes on the west side of the Ocean
Breeze site. They are requesting $1.0M in down payment assistance for buyers in the
development or approximately $32,500 per home in subsidy. This project can begin
construction within six months if down payment assistance is secured.
· The Auburn Group is planning approximately 40 - 60 single-family homes within the MLK
corridor. Most of the buyers will need down payment assistance. Auburn feels that they can
begin construction of the single-family homes immediately on CRA/City owned land. Auburn is
requesting $2.12M for land acquisition, construction and down payment assistance dependent
upon the execution of the Master Development Agreement.
· In 2007, the City received $750,000 from a CRALLS (Constrained Roadway at a Lower Level
of Service) designation to be used for affordable housing.
· The City has been awarded $2.9 M through the Housing and Economic Recovery Act.
· The City receives an annual allocation of $550,000 in SHIP funds for down payment
assistance.
· The City receives an annual allocation of $540,000 from CDBG.
· Funds from the above sources are geared to very low, low and moderate income families or
neighborhoods.
· The above-reference funds can be used for land acquisition, site development, down payment
assistance and construction as long as the funds reduce the cost of the home to the buyer.
C:\Documents and Settings\sherrodo\Local Settings\Temporary Internet Files\OLKC\CRALLS + Housing FUnds.doc
~~~<tY~T2~ eRA
Ii East Side- West Side-Seaside Rena',ssance
. The use of the above-referenced funds would be consistent with the City's Consolidated
Housing Plan and the rules and regulations of each funding source.
· The CRA is subsidizing both projects to the following extent:
- Ocean Breeze West - CRA to sell 4.0 acres of land valued at $3.5M for $10
- MLK Corridor Project - CRA proposes to subsidize up to $23M over a ten year period.
· The CRA has met with County officials to request matching funds.
The redevelopment of the Heart of Boynton will be determined by the ability of various entities, the
CRA, City and County in particular, to partner -and leverage their resources. Committed funding for
these two projects will ensure the likelihood of their success and the transformation of the Heart of
Boynton community.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS: Make a recommendation to the City Commission to make an official
allocation funds for the Ocean Breeze West and MLK Corridor projects.
Vivian L. Brooks
Assistant Director
C:\Documents and Settings\sherrodo\Local Settings\Temporary Internet Files\OLKC\CRALLS + Housing FUnds.doc
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 14,2008
Vice Chair Rodriguez requested in the future that the City be engaged in the items so
they would get information from both sides.
B. Consideration of Adopting Economic Development Plan for
CRA/City
Chair Taylor explained this was an item recommended by the American Assembly. If
they were to approve it, the item would be adopted but they would not move fOlWard
with hiring anyone to implement the plan. It would be a discussion item with the CRA.
the City and the Chamber of Commerce.
Ms. Ross thought the plan was an excellent idea. She pointed out Ms. Bright, as the
Executive Director of the CRA, was appointed to the Board of Palm Beach County
Overall Economic Program Committee and was appointed by the Palm Beach County
Commission. The appointment occurred in May.
Ms. Bright explained the plan was beneficial to the CRA, specifically for all the Marina
Villages as well as it being another tier of the Business Development Board. She
explained Scott Kline did an excellent job working through the Chamber and working
with Mark Karageorge and his committee from the Boynton Assembly. Staff also
worked with City staff.
Vice Chair Rodriguez inquired about Item 2 regarding the liquor license.
Scott Kline was present and explained when he was putting together the plan, he was
not aware of the time to utilize the liquor license by June of next year. That was the only
change.
Vice Chair Rodriguez wanted more time to review the document and he offered a
motion to table the item.
Ms. Bright explained they met with the Assistant City Manager and Hanna Matras,
Economic Development Planner, about who would do this. They wanted to issue
quarterly reports. This was a temporary measure until the budget, when a decision
could be made who would fund a full time position.
Mr. Kline explained there were ways to measure progress which were being developed.
Motion
Ms. Ross moved to adopt the Economic Development Plan. Mr. Hay seconded the
motion that unanimously passed.
C. r;gpQiQa--_..~..........dtFlpt.l.i""mmlnfern-t~loeate
..... LJ.4~.fl1 ~I ~.. rr...~.~ iliiiawts
34
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 14. 2008
Ms. Brooks explained they met with City staff about funds for these projects. Both
projects have requested funds from the CRA and the City. The City has a number of
funding sources for housing such as the Community Development Block Grant program,
the State Housing Initiative Partnership program. and more recently the Neighborhood
Stabilization Funds. They met with City staff and there were issues raised by City staff
regarding whether they could use the funds to acquire properties that were not
foreclosed. The Housing and Urban Development Program Division confirmed the funds
did not have to be used for down payment assistance and land acquisition. They were
forwarding the requests to make a recommendation to the City Commission to allocate
a certain portion of the funds to the projects.
Ms. Bright explained the City Manager has a working group for this and a plan needed
to be created.
Mr. Bressner explained the goal was to have a plan available at the second meeting in
November. The Housing and Urban Development Division required that in order to
obtain the funds, Boynton Beach, as an entitlement community, must have its
Community Development Block Grant program modified and reviewed. The public
notification and other requirements to amend the Community Development Block Grant
program were in place. It was also indicated that any entitlement community that
received funding must submit its preliminary application to the Housing and Urban
Development Division by December 1. 2008. Technically, they have until February 9.
2009 to finalize it. A public information hearing was set for October 27. 2008. and they
needed public input about how they would like to see the funds used. The team felt the
funds should be used not only in the MlK area, but in other areas that are dealing with
foreclosure issues. Staff was determining where in the community the clusters exist
and what opportunities were available to them. The foreclosed properties would be
rehabilitated and resold to income-qualified individuals as a home ownership
opportunity. It could also provide a revenue stream to the City. More information would
be known later in the week about foreclosures.
There was consensus this item would be brought back.
D. Consideration of Approval to Offer a Marine Fuel Discount Rate to
Commercial Tenants, Neighboring Vessels Occupying Slips and
Police Marine Units
Mike Simon explained the eRA had purchased the marina and it was brought to their
attention by the Fire Marshall that fueling vessels from a mobile truck was not allowed.
They added that language to the lease the Board approved in September, which
eliminated the ability of the tenants to purchase gas from a truck. The lease and
developing some type of discounted fuel rate was discussed. The City Police
Department wanted a discounted rate for some time now. It was at the Board's
discretion to determine how to proceed. Three options were given and a determination
was needed regarding to whom to extend the discounts. The Boynton Harbor Marina
35
':"
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 5, 2008
Motion
Commissioner Weiland moved to approve Item VI.G. Commissioner Hay seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
None
IX. CITY MANAGER'S REPORT:
A. Discussion of Neighborhood Stabilization Program (NSP) Options
Mr. Bressner advised the City would be eligible for an allocation of $2.9 million from the Federal
Housing and Urban Development Department (HUD) for a program called the Neighborhood
Stabilization Program as an adjunct to the Community Development Block Grant program. The
funding was available because Boynton Beach is an entitlement community. The formula for
distribution of funds was based on the foreclosure rate. Four areas for the funding would be
suggested and if approved, the grant applications would be submitted, HUD would review the
material and a final decision would be made in February, 2009. The funds would be returned to
the State if the City did not want to proceed with the program. The four areas for funding are
as follows:
. Down payment assistance of $400,000 for the Ocean Breeze project to be
administered by the Community Redevelopment Agency. Both the Agency and
developer must comply with all Federal regulations as sub-grantees
. Scattered site acquisition for deteriorated structures in the Heart of Boynton area
for an amount of $400,000
. Foreclosed purchase and rehabilitation City wide of $1.8 million. There were 153
known foreclosed properties within the City limits as of last week
. 10% allocated for administrative costs; the first and second options would not be
as labor intensive as the third option
Mayor Taylor questioned if the Commission would have final approval of where the money
would be spent. Commissioner Weiland questioned if a property was bought and rehabilitated
what would the City's role be in selling the house.
Mr. Bressner explained there would be a revenue stream that would come back to the fund for
additional purchases. The homes would not be given away; rather bought from a bank,
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 5, 2008
refurbished and then made available to an income eligible family to purchase the home. The
proceeds would be available for other activities.
Attorney Cherof advised that each purchase and each sale should be ratified by the City
Commission.
Vice Mayor Rodriguez suggested all of the monies should be spent for foreclosures, the primary
purpose for the money. The Community Redevelopment Agency has its own budget and
homebuyer program. The funds should not be scattered, but totally used to assist more
foreclosures throughout the entire City.
Commission Weiland agreed and indicated he understood that American Realty had already
received significant assistance from the Community Redevelopment Agency. Commissioner
Ross inquired if a majority of home foreclosures would receive assistance. Mr. Bressner
indicated a maximum of 18 homes would be helped. Commissioner Ross noted her district has
65 homes in foreclosure.
Commissioner Hay cautioned the Neighborhood Stabilization Program funds are spread around
and the City has to qualify to receive the funds or the money goes back to the State. Mr.
Bressner contended all four areas recommended are eligible and fall within the four corners of
the legislature policy decision.
Mayor Taylor indicated the $400,000 for the Ocean Breeze project would help a blighted area.
If the funds were not provided, the project would not move forward. Commissioner Weiland
reiterated the developer had received assistance from the City and was suppose to look to the
County and State for further funding. Mr. Bressner understood discussions the CRA staff had
with the County was a SO/50 match was needed to leverage $1 million and the City or
Community Redevelopment Agency would need to contribute approximately $500,000 more.
The Community Redevelopment Agency did not have the monies and was hoping the City could
contribute $400,000 from the Neighborhood Stabilization Program and another $100,000 from
the CRALS funds received from the traffic mitigation program for low income housing.
Vice Mayor Rodriguez pointed out the proposed options utilized more of the monies in District 2
while the highest number of foreclosures are in District 4. The only option he would support
would be focusing on foreclosures. Commissioner Ross asked for clarification on how the funds
would be distributed. Mayor Taylor indicated the eligible homes would already be foreclosed
and in the hands of the banks. Preventive measures were not addressed by the legislature.
Mayor Taylor cautioned if the monies were not allocated to the Ocean Breeze project, the entire
development would be jeopardized. Vice Mayor Rodriguez pointed out the funding is to assist
home purchases and had nothing to do with projects. Commissioner Weiland noted the
Ordinance indicated the program was to assist in redevelopment of abandoned and foreclosed
properties and provide benefits to individuals and families whose incomes do not exceed 120%
of the median income. At least 25% had to be used to purchase foreclosed properties.
Vice Mayor Rodriguez advised he would rather put a family in a home that is refurbished then
to start a new project and leave those homes behind. Commissioner Hay contended it was a
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 5, 2008
real opportunity to move the Ocean Breeze project ahead and cause things to happen in the
community. It still made no sense to Vice Mayor Rodriguez to start a new project and leave
foreclosed homes abandoned throughout the City. The remaining funds would only assist
approximately 20 homes.
Mayor Taylor felt it was an opportunity to finally see some progress and get the Ocean Breeze
project underway. Commissioner Ross asked the status of all the foreclosed homes in her
District if assistance was not provided. Vice Mayor Rodriguez indicated the homes would just sit
empty. Mayor Taylor stressed all the remaining funds would go to foreclosed homes.
Commissioner Ross suggested if all remaining funds were used for foreclosed homes it would
be a good compromise.
Mr. Bressner again explained the basis for staffs recommendations of the four options and
reiterated the suggestion that another $400,000 be used to purchase homes in the Cherry Hill
area. The remaining dollars could be spread throughout the other districts: however, Mr.
Bressner took issue with discussing allocations by districts. Vice Mayor Rodriguez asserted his
concern was the entire City is suffering and should be recognized and not just the Heart of
Boynton Beach.
Commissioner Weiland noted in light of past efforts to get Ocean Breeze off the ground, if
$400,000 was awarded, the developer would not seek further funding from the County or the
State. Mayor Taylor indicated the $400,000 would go towards a match for County funding.
Vice Mayor Rodriguez alleged the discussion should have been brought before the Community
Redevelopment Agency Board first to inform the Board of the status of the Ocean Breeze
project.
Mayor Taylor sLlmmarized if $400,000 went to the Ocean Breeze project and $300,000 for
administrative costs, $1.2 million would remain for foreclosures. Vice Mayor Rodriguez offered
the suggestion that the $400,000 be allocated and then no other funds be used within District
2. Commissioner Hay strongly opposed separating the City and funding by districts. Mayor
Taylor added each new acquisition would have to be approved individually by the Commission.
Keturah Joseph, Boynton Beach CDC Executive Director, asserted the County would require a
SO/50 match if any funds were awarded by the County. She also felt the matching funds would
be leverage for the State to award funding. She suggested the monies be expended only if the
developer seeks further funding from the County and State. If the developer fails to seek
additional funding, the monies could revert back to foreclosed homes.
There was consensus that $400,000 would be given to the Ocean Breeze project and the
remaining funds would be dedicated to foreclosures City-wide. If additional funding sources
were not sought by the developer, or the matching funding not received, the $400,000 would
revert back to the foreclosed home program.
Commissioner Weiland asserted if the properties in Cherry Hill were residences, he did not feel
relocation expenses should be claimed. Mr. Bressner agreed that any occupied properties
should be avoided.
10
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
November 5, 2008
Mark Karageorge, 240A Main Boulevard, commented the Ocean Breeze project would house
32 single families arid would address blight in the area. The contribution would also help with
County and State funding and ultimately assist 40 to SO families. The combined efforts would
greatly enhance the area and the City in eliminating blight.
Brian Miller, Chair of the Community Relations Board, strongly supported the idea that the
Seacrest area was a blighted area. He urged the Commission to use the funds to eliminate
blight by working as a team.
Mayor Taylor agreed with Vice Mayor Rodriguez that the City as a whole needs to be addressed
and the entire City needed to be included to balance the allocation of funds. The best buys also
need to be considered. Mr. Bressner reminded the Commission there needed to be funding for
administrative costs included in the allocation.
Mr. Bressner recapped that $400,000 would go to the Ocean Breeze Project contingent upon
receipt of matching funds from the County within six months, $2,273,311 to foreclosures and
$290,000 for administrative costs. Staff would come back to the Commission with targeted
areas and properties for final approval.
Motion
Commissioner Hay moved of the $2.9 million, $400,000 would go to the Ocean Breeze Project,
$290,000 for administrative costs and the remaining balance for foreclosures City-wide,
contingent upon the matching funds from the County being received within six months or the
monies would revert back to the City for foreclosures. Vice Mayor Rodriguez seconded the
motion. The motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project
scope and budget - November 18, 2008
B. Report on Tow Contractor Meeting - November 18, 2008
C. Provide City Staff with policy guidance regarding the degree and breadth of
"green" elements to be designed into the new Police Facility located at the
intersection of High Ridge Road and Gateway Boulevard - November 18, 2008
D. Nautica/Meadows/Quantum Parks - November 18, 2008
E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008
F. Review of NE 1th Avenue Canal - (Tabled on September 18, 2008 to
December 2, 2008)
G. Report on available mechanisms to save the Old High School - December 2,
2008
1 ]
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Form Must be Turned in
Meeting Dates to City Clerk's Office Meeting Dates 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)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) IXI April 7, 2009 March 16.2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IXI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: To receive a financial summary of the 2009 Heritage Awareness Celebration that
was held on Saturday, February 21,2009 in the Heart of Boynton on MLK Blvd.
EXPLANATION: The attached report summarizes the revenue and expenses related to this event.
PROGRAM IMPACT: The event was organized by the 2009 Heritage Awareness Celebration Committee.
Activities were held on MLK Blvd. just east of Seacrest Blvd. Various City staff provided support
services for the event. This involved the use of City equipment, including the stage, tent, chairs, generator
and various support staff.
FISCAL IMPACT: See attached sources/uses. The documentation required to receive the $7,000 from the
Recreation Assistance Program (RAP) funding allocated to the event has been submitted to the County.
The County will then prepare the agreement for ratification by both the City Commission and the Board
of County Commissioners.
ALTERNATIVES: Do not receive the financial summary.
!~~~
". Department Head's Signature
Assistant to City Manager ~
RECREATION AND PARKS DEPT.
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-14
TO: Lori La V erriere, Assistant City Manager
FROM: Wally Majors, Recreation and Parks Director ,~/
v
DATE: March 9, 2009
SUBJECT: Heritage Celebration
The 2009 Heritage Celebration event was held on MLK Blvd.. just east of Seacrest Blvd. on Saturdav, February
. .
21, from 11 am till 4pm. Approximately 300-400 people attended the event. Sf. Recreation Manager Mary
DeGraffereidt was the City's liaison, and was commended for her efforts, Although primarily organized by a
committee of volunteers, Mary was responsible for managing all the City resources that were necessary to
support this event, including the processing of the special event permit. Mary also hosted and administered the
organizational meetings for the event, and was integral in maintaining a productive working relationship with
the committee. She submitted the necessary paperwork to the County as part of the Recreation Assistance
Program (RAP) funding that was granted for this event. We expect to receive the entire $7,000 allocation,
Attached is a financial summary of the event, which includes the City's "in-kind" contribution, Note that the
Community Investment Funds listed as revenue must still be approved by the City Commissioners who made
that contribution.
wm
Attachment
Heart of Boynton Beach Community Association, Inc.
2009 Expenditures
REVENUE
Committee Fundraisers $ 1,525,00
Palm Beach County $ 7,000.00
Community Investment Funds $ 4,000.00
Total $ 12,525.00
EXPENSES
Item SourceNendor Amount
..-- _un_ ,$
Enterta i nment/promoter ,Sebastian Bromfield 5,700,00
Sound technician Showmax Productions $ 1,525,00
Enterta i nment/m a rketi ng Naisha Nichols $ 1,500.00
Port-o-Iets United Site Services $ 585,00
Play features ,V2E Party Planners $ 565,00
Speaker Amps International $ 500,00
Pony Rides Schmitt's Pony Ranch $ 490.00
. ' ,
Printing _ . Tanya Eady $ 250.00
,
,ervices ' Now You See it Photos $ 200.00
Awards ,Manhattan Trophy $ 113,85
Arts & crafts Toys R US/\Nal-Mart $ 1 01 ,06
Booklets Victor Norfus $ 100,00
Hay for ponies $ 59.50
1 -
Total,u$ 11,689.41
City Services (in-kind)
payr()1I Recreation $ 4,255.47
Payroll Parks $ 1,605.34
Payroll Utilities Department $ 1,287,67
Payroll ,Police Department $ 1,040,97
Payroll Fire Department $ 23.47
Equipment & Materials Utilities Department $ 991.02
Total $ 9,203.94
VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
o December ]6,2008 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)
o January 20, 2009 January 5, 2009 (Noon) o March ]7,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) C8J Apri] 7,2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $2,000.00 from Commissioner Ross's Community Investment Fund and
$2,000.00 from Commissioner Hay's Community Investment Fund to assist the Heart of Boynton Community Association
with the costs incurred for the Heritage Awareness Celebration, which was held Saturday, February 21, 2009.
EXPLANATION: Commission approval is requested for allocation of $4,000.00 to assist the Heart of Boynton Community
Association committee with the financial shortfall not covered by the County grant and fundraising efforts by the committee
to host the Heritage Awareness Celebration.
PROGRAM IMP ACT: Allocation of funds will provide revenues to offset the cost of the event.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use, ~a
c1~h~
Department Head's Signature City Manager's Signature 1
~ j>JCt~e-y-~ o Pc.. .
epartment Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 18, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $2,000.00
Recipient/Payee: Heritage Awareness Celebration
Description of project, program, or activity to be funded: Allocation of funds to assist the
Heart of Boynton Community Association committee with the financial shortfall not covered
by the County grant and fundraising efforts by the committee to host the Heritage Awareness
Celebration.
Dated: .:Jj; f)o' B~~/~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $3,400.00 has been used to date by the requesting Member,
leaving a balance of available funds of $6,600.00. This request would bring the available
amount down to $4,600.00
Accordingl y:
0 There are funds available as requested
Dated: o There are insufficient funds availab~~
3./~.()' BY:~
' Fina ce Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
D The proposed expenditure of funds will not result in improvement to private
property;
0 The recipient/payee provides services within the City of Boynton Beach;
0 The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
0 Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: By:
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 18, 2009
Requested by Mayor/Commissioner: Commissioner Hay
Amount Requested: $2,000.00
Recipient/Payee: Heritage Awareness Celebration
Description of project, program, or activity to be funded: Allocation of funds to assist the
Heart of Boynton Community Association committee with the financial shortfall not covered
by the County grant and fundraising efforts by the committee to host the Heritage Awareness
Celebration.
Dated: 3- /;F' / tJ9 BY:~~~~ .
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $2,200.00 has been used to date by the requesting Member,
leaving a balance of available funds of $7,800.00. This request would bring the available
amount down to $5,800.00
Accordingly:
0 There are funds available as requested
Dated: o There are insufficient funds aVaila~ J.-.
3. '~'df By:
Fi ance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
0 The proposed expenditure of funds will not result in improvement to private
property;
0 The recipient/payee provides services within the City of Boynton Beach;
0 The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
0 Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: By:
City Manager
S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
Meeting Minutes
Regular City Commission
Boynton Beach, FL '_'__'____,___..,_"",___ __________ january 6, 2009
__.._._..__ "__U
Three key changes were:
. All Class A City fleet tows would be free of charge. Commissioner Weiland pointed out
"within the City limits" was not included in the addendum. Ms. LaVerriere advised
during staffs meeting with the tow vendors in October, it was discussed that for fleet
vehicles required to be towed outside the City limits, it would be reasonable for the City
to pay the vendors the County's per-mileage rate. Staff would like to add a provision to
the addendum indicating for a Class A City fleet tow outside the City limits, the City
would pay the vendors the rate of $6.50 per mile from the tow site to the City Limits.
. The Class A City fleet tows also included roadside service, which would be free of charge
for Class A vehicles.
. An adjustment was made to the tow rates in the contract up to the current County
rates. The rate schedule was attached to the contract.
Motion
Commissioner Weiland moved to approve. Commissioner Hay seconded the motion. The
motion passed unanimously.
C. Discuss City's financial participation in the Heritage Awareness Celebration
Ms. LaVerriere reported the Heart of Boynton Community Association had submitted a special
event application to hold a Heritage Awareness Celebration on Saturday, February 21, 2009.
The item had been placed on the agenda because the Association was also seeking financial
participation by the City, although no specific funding level had been requested. Staff had
provided several options for personnel and equipment expenses to be incurred by the City to
support the event. The revised City personnel expenses, as reflected in the handout, had been
reduced to $3,913.
The Planning Committee's budget was originally submitted in the amount of $20,000. As part
of the special event application review, the City had identified expenses of $3,900 to support
the event for police personnel, set-up and Public Works support. Staff met with the Planning
Committee in December and had encouraged them to do their best in their fundraising efforts.
The Committee submitted a revised budget in the sum of $12,400.
Gertrude Sullivan, 201 NE 6th Avenue, advised a generator and paint was needed for the
event. Staff was concerned about the use intended for the generator. Commission direction
was sought regarding the generator, which would be operated by City employees. Staff did
have a small generator which could be provided for a few hours.
Wally Majors, Recreation and Parks Director, emphasized the staffs generator was a standby,
surplus piece of equipment, and while it had been factored into the equation, additional
information was needed regarding the amount of load needed for the unit. Mr. Bressner noted
it would be necessary for the music promoter to provide the information required in order for
staff to determine the amount of kilowatts needed for the generator.
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 6, 2009
Ms. Sullivan noted barricades were needed to block vehicular traffic. Ms. LaVerriere indicated
the barricades had not been included in staff's cost estimate, as the request was not received
until late Friday. Mr. Majors noted staff did have a limited amount of barricades. Staff had
attempted to determine the exact boundaries of the event and agreed on Seacrest east to 2nd
Street. With the limited barricades, it was likely three or four areas could be blocked off.
Commissioner Ross recognized Ms. Sullivan and the Heart of Boynton Community Association,
as well as Galaxy Elementary Principal Joe Schneider, who was representing his school and the
children and families for this event as well. She inquired whether anyone had been overlooked.
Ms. Sullivan indicated many people were partidpating and for this reason, it was important the
event go forward.
Commissioner Weiland's concern was to have a multi-cultural event. The meeting materials for
the event indicated the purpose of the event was to capture the essence of the City's Black
History and to celebrate Black History Month. It also appeared from the meeting materials that
the only schools participating were from the Heart of Boynton. He did not feel the City could
contribute to an event that was not multi-cultural in nature and suggested the purpose be
worded differently for future events.
Cheryl Skinner, 711 NW 1st Street, contended the event was a multi-cultural festival. The
name, "Heritage Awareness Celebration" was a theme and not a Black observance. The
entertainment would deal with all cultures and all races.
Mayor Taylor noted the Committee's original estimate anticipated 2,000 attendees, while the
revised estimate reflected 500.
Commissioner Weiland referred to the meeting materials which addressed "School Chorus," and
the entry showed a figure of $200 for Poinciana Elementary/Parking. He inquired as to whom
the $200 was to be paid and why. He believed the City donated the lots next to St. John
Missionary Baptist Church for parking. Ms. Sullivan replied this entry should have been
removed.
In response to Commissioner Ross' inquiry, Ms. Sullivan hoped four school choirs would be
participating.
Vice Mayor Rodriguez requested the item be summarized and concluded.
Mr. Bressner summarized the budget of $12,420 had been revised down from the $20,000.
Even though the City's cost had been reduced to $3,900, Mr. Bressner believed if the City were
to provide barricades and upgrade the generator, costs would likely increase to $5,000 or
$6,000. If the Commission authorized the City to provide the in-kind services at a value of
$5,000 and allowed the Committee to utilize a grant from the County, the Planning Committee
would then be required to raise $5,420 from other sources. The Committee had raised $1,520
to date, leaving $4,000 to be raised either from Community Investment Funds or other
resources.
Two levels of Commission approval were necessary in order for the event to go forward: (1) the
cost for police and other support services, barricades and poSSible upgrading of the generator,
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL ----_._---_.-.,.~_.._------_.- -.-...---- ----.---. January 6, 2009
estimated at $5,000. Those costs would qualify, as would other costs associated with the
County grant. The City could therefore apply for the grant, and the Committee could have
access to the $7,000 match as an offset against the $12,400, leaving $5,400 to be raised by the
Committee and a shortfall of $4,000. (2) The City would utilize a portion of the County grant to
offset the City's $5,000 for in-kind services, raising the Committee's out-of-pocket costs from
$3,900 back to $8,000 or $9,000.
Mayor Taylor pointed out funding for special events had been cut from the budget.
Commissioner Hay commended the Committee for reducing costs. There was a great deal of
community involvement in the event. He understood many of the concerns, but would like the
Commission to move ahead and accept the County grant to offset the costs, and to provide the
other $5,000. In order to reduce the remaining shortfall of $4,000, Commissioner Hay indicated
his willingness to donate $2,000 from his Community Investment Funds.
Vice Mayor Rodriguez inquired as to the total amount the Committee anticipated it would raise.
Ms. Sullivan confirmed the Committee had received a $1,500 commitment and an additional
$6,000 was anticipated. Vice Mayor ROdriguez opined if they raised an additional $6,000, all
they would require from the City were the in-kind services.
Mr. Bressner suggested the Committee contact the Chamber of Commerce or other businesses
in the community for additional funds. Ms. Sullivan noted it was the Committee's intent to hold
other fundraising events including a yard sale, bake sale, fish fry and barbecue, to raise the
additional funds.
Commissioner Ross agreed with Commissioner Hay and wished to take advantage of the County
Grant.
While Commissioner Weiland believed the event was worthy, in consideration of the budget,
elimination of funding for special events, hiring freeze, cutback in services and borrowing
money to balance the budget, he could not support the event at this time. He believed the City
should be more creative in its efforts to obtain funds.
Mayor Taylor agreed the event had been wonderful over the years. Unfortunately, the current
climate was not favorable. He also reiterated his concern for the estimated attendance of 500
people. If 1,000 people attended, additional personnel would be required, increasing the City's
costs. The City's $5,000 contribution for in-kind services had not been budgeted.
Commissioner Hay suggested other items could be cut and believed the benefit to be derived
from the event should be carefully weighed. He applauded the work done thus far and wished
to go forward with the event.
Brian Miller, 2515 NE 2nd Court, suggested the other Commissioners donate funds as well.
Commissioner Ross agreed to donate $2,000 from her Community Investment Funds.
Vice Mayor Rodriguez advised he would not donate from his Community Investment Funds and
instead encouraged the Committee to continue its fundraising efforts.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 6, 2009
Commissioner Hay noted he expected a concerted effort to be made by the Committee to raise
the funds, and noted his $2,000 donation was contingent upon the monies being raised by the
Committee. Commissioner Ross agreed.
Mayor Taylor summarized the proposal as follows. The City would provide the Committee with
$7,000 contributed by the County. In addition, the City would provide up to $5,000 for in-kind
services. The balance would be raised by the Planning Committee and in the event of a
shortfall, Commissioners Hay and Ross would donate $2,000 each from their Community
Investment Funds. Upon the Commission's approval, there would be no need for this item to
be revisited.
Motion
Commissioner Hay so moved. Commissioner Ross seconded the motion. The motion passed 4-
1 (Commissioner Weiland dissenting).
X. FUTURE AGENDA ITEMS:
A. 2008/2009 Recreation and Parks Strategic Plan Update - Jan. 20, 2009
B. Sustainability Team Quarterly Report - Jan. 20, 2009
C. Discussion of revision of sign code for promotional banners - Jan. 20, 2009
D. Follow-up report on possible relocation of City Offices - Feb. 3, 2009
E. Staff report on legal review for vacating NE 12th Avenue right-of-way - Feb. 3,
2009
F. Report on cost sharing options for take-home vehicles - Feb. 17, 2009 (In
conjunction with continued budget discussions)
G. YVPP Report - Feb. 17, 2009
H. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund (Tabled on August 5,
2008)
1. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
XI. NEW BUSINESS:
A. Discussion of 2009 Holiday Parade (Item added by Commissioner Ross)
Commissioner Ross inquired whether consideration could be given to holding the Parade on
Congress Avenue, as her constituents had expressed such an interest.
13
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 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) o March 17,2009 March 2, 2009 (Noon) 0 ~I
\D
:J: ....!k,
0 February 3, 2009 January J 9,2009 (Noon) X April 7.2009 March 16. 2009 (Noon) ~b
> a"il'!l
:;::Q
- r-.cp
~Qt
0'1 ;0....;;:
0 Announcements/Presentations 0 City Manager's Report ..., "S~
Vl...o:!
0 Administrative 0 New Business :x Q\t
NATURE OF ~
-
AGENDA ITEM X Consent Agenda 0 Legal ..
- i:,.'.
0 Code Compliance & Legal Settlements 0 Unfinished Business c:.o '. , ,..
I. ..
"
0 Public Hearing 0
RECOMMENDA nON: At the February 17,2009 City Commission meeting, Commissioner Weiland
requested monthly status reports on the MeadowslNautica CIP (Capital Improvement Program) project.
Staff has developed the report below, which includes all Recreation & Parks CIP projects and will
provide an update at the first Commission meeting of each month.
EXPLANATION: The following is the status of the Department's major CIP projects,
PARK BUDGET AMOUNT ST A TUS
Barton Greenway $116,070 The IBI Group has completed the conceptual plan, In Engineering
Department for comment. Target date for final drawings is June 09,
Tar et date for biddin is Au ust 09 followin a roval bOOT.
Boat Club $417,500 Miller Legg, Inc, is finalizing the design by responding to comments
from Permitting, Request for bid for contractors to follow with target
date of A ril09,
Congress A venue $2,900,000 The final plans are in Permitting for final review, Glatting Jackson is
comparing the lowest three bidders and will make a recommendation
in March, Three bids came in over I million under budget. Target
start date is Ma 09.
Hester Park $50,000 Waiting on Scope of Services from landscape architectural firm for
Landscaping design and construction drawings, Target to go to Commission with
contract is A ril09,
Jaycee Park $400,000 Permitting for the boardwalk is in SWFMD, ERM and Corps of
Boardwalk En ineers. Ex ect ermits to be a roved b Ma 09.
MeadowsfNautica $600,000 20 proposals received, Review team will review by March 23 and
hold public review meeting on that date in compliance of the CCNA
rocess, Tar et date for a roval of consultant is Ma 09,
Oceanfront Boardwalk $2,400,000 Permitting being approved by ERM and DEP. Once approved (target
May 09), will present to the Town of Ocean Ridge City Council for
their a roval in June 09. Tar et date for construction is Au st 09,
Palmetto Greenway $400,000 The ISI Group has completed the conceptual plan, In Engineering
Extension De artment for comment.
SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Play Equipment $115,000 Play equipment for Oceanfront. Boat Club and Palmetto Green Parks
Re lacement has been ordered and will be installed b earl A ril.
Pence Park $ I 00,000 Conversion of the softball field to a multipurpose field has begun
Renovation Tar et com letion date is May 09.
----_._----_.~_.~-
PROGRAM IMPACT: Monthly update of major Recreation and Parks erp program.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A ~~
0~
City Manager's Signature
Assistant to City Manager _~
Recreation & Parks
Department Name City Attorney! Finance
S,\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk' s Office
o December] 6, 2008 December 1, 2008 (Noon) o February ]7, 2009 February 2,2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February] 7,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 ~ April 7, 2009 Q1I
January 19, 2009 (Noon) March] 6, 2009 (Noo~ ~
\.0 ~~
:s
,.,. "'1!1
0 0 City Manager's Report ~ (")
Announcements/Presentations r-IP
€"l!\:\':lIJ
NATURE OF 0 Administrative 0 New Business .r:- :;:U,-(
".:.:
AGENDA ITEM ~ Consent Agenda 0 Legal -0 tii-"\
:::s: (:II
0 Code Compliance & Legal Settlements 0 UnfInished Business ~ i
..
0 Public Hearing 0 c,..)' "'-'
.
f:t
RECOMMENDATION: Motion to approve the purchase two Ford Focus automobiles at the price
of$14,108.00 each for use by the Department's Citizens on Patrol Program. The funds will come from
the police department's Law Enforcement Trust Fund established pursuant to Florida State Statute
932.7055. These vehicles will be purchased through a Florida Association of Counties /Florida Sheriffs
Association/Florida Fire Chiefs' Association contract.
EXPLANATION: Florida State Statute 932.7055 provides that when a law enforcement agency
seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law
Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the
chief of police to the governing body of the municipality. In November of 2008, the commission
approved the purchase of eight vehicles for the Citizens on Patrol Program (COP) from the trust fund as
opposed to leasing the vehicles which had been the method of procurement prior to that time. The COP
has over 1100 active members and another community was added to the program in January of 2009.
The additional vehicles will be used for the new program and to provide a spare car for special events
where COP personnel provide additional patrol and for those occasions where one of the existing
vehicles is shopped or otherwise inoperable. Funds for the COP program are an approved expenditure
pursuant to the state statute.
PROGRAM IMPACT: The COP has been a very successful citizen operated program and provides the
police department with additional resources in the form of identifying criminal activity and persons in
need of assistance. The citizen involvement and goodwill generated by the program promotes
community interaction with the department.
FISCAL IMPACT: The Law Enforcement Trust Fund account currently has a balance of$273,291.59.
Total amount request for the two vehicles is $28,216.00.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: None
--_._.~-,
City Manager's Signature
Assistant to City Manager ~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
/~~ .
* F~",
.. ' :<I, FLORIDA
~-.. l\~iS()CfAnONOf
COUNTIES
-
All AbOl.l1 Flqrida
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES &
FLORIDA FIRE CHIEFS' ASSOCIATION
COMPACT 4-DOOR ADMINISTRATIVE VEHICLES
SPECIFICATION #6
2009 Ford Focus (P34)
The Ford Focus (P34) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this
model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as
awarded by specification by zone,
ZONE: * Western * Northern * Central * Southern
BASE PRICE: $12,196,00 $12,143.00 $12,143,00 $12,216.00
While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to
identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment
needs and preferences are going to vary from agency to agency. Tn an effort to incorporate flexibility into our program, we have
created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs,
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost
of the type vehicle(s) you wish to order through this program, Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the
approximate cost of the type vehicle(s) you wish to order,
NOTE: An ofticiallisting of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when
preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those
listed here must be honored by the dealers in your zone at the stated prices,
Bid Award Announcement (08-16-0908) 236
VEHICLE: Focus (P34'i i-ocus (P34i !'ncm il''41 ;-oeus ,YC,4
DEALER: Orville Beckford Duval Ford [J1J\al h'rd J)U\ a! tnI'd
Ford-Mercury
ZONE: ""Western * Northern "Centrai "Suuthern
BASE PRICE: $12,]96,00 $]2.143.00 $\2.]43.00 $12,216.00
Northern
& Central
Order Code Delete Options Western & Southern
1 1 "
552 ABS brakes l $400.00, $448,00-
D552 2 j i
DELMA TS 2 Front and rear floor mats Std
2 ' "
ON STAR On-Star NA NK'
SIRI2 Satellite radio NA i. " .>,"
Northern
& Central
Order Code Add Options Western & Southern
ENGINEUP 2 I Engine upgrade - specifY i N A : "l A.
P35-500A 1 1 Vehicle upgrade package - specify : $1,892.001 I $1,892,002,
SE500A 2 i SE PACKAGE 2
P35-500A-5251 ll.,cruis.e control/tilt steering wheel $215.001 $215.002,
525 2 SE ONLY 2
1 I' 1 2'
P35-500A ; Power windows and door locks Incl, $1,892.00 I
SE500A 2 '
NA 2 Power seat, driver NA NA=
SPLIT SEAT 2 Split folding rear seat "lA Inel,
INCL WITHSEPACKAGEONLy2
STD 2 Side air protection Std Std2
CD 2 AMfFM radio with single CD Sld l'le1 .
DTK 1 Third key $140.001 $2890(!~'
3K 2 KEY FOB lNCL PROGRAMMING INCL 2
REMOTE 2 Remote keyless entry N'\ fllcl
INCLUDED WITH SE ONLY 2
SVS 1 Vent visors - stick-on style $140,001 $145 IlO~
DVV 2
FSV 1 Rainshields _ flange style $140,001 $125.flW
DRS2
P36-600A-64B 1 Aluminum wheels : $3,155,001 Inci
AL WHEEL 2 INCLUDED WITH SE ONLY 2 '
NA 2 Full size spare tire and rim '~A '~ \'
N22 Nitrogen filled tires including spare tire NA $125.(1(1"
DPS 1 Pin stripes $270.00 $lh5.(!(I
DPS2
Bid Award Announcement (08-16-0908) 237
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM H.
AGENDA ITEM REQUEST FORh...
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) o March 17,2009 March 2,2009 (Noon) ~
~ April 7. 2009 0 ~
o February 3. 2009 January 19,2009 (Noon) March 16, 2009 (Noo~
-<~
:x:- "'1
:::c a)
0 0 I ~
Announcements/Presentations City Manager's Report .- Ail.-<
~;z.
NATURE OF 0 Administrative 0 New Business -0 ~.~
AGENDA ITEM 0 ::r; ,
~ Consent Agenda Legal c.,.)
0 .,
0 Code Compliance & Legal Settlements Unfinished Business c.,.)
0 Public Hearing 0 ~ RECOMMENDATION: Motion for approval of donation to the Boy Scouts of America, Gulf Stream
Council in the amount of $5,000.00 The donations are to come from the police department's Law
Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization has
received donations from this fund in the past and is qualified to receive funding as Boy Scouts of
America provides a drug abuse, drug prevention or safe neighborhood educational component in their
programs. Boy Scout troops and Cub Scout Packs located in the city will benefit from this donation.
EXPLANATION: Florida State Statute 932.7055 provides that when a law enforcement agency seizes
property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law
Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the
chief of police to the governing body ofthe municipality. Florida State Statute 932.7055(5)(c)(3)
provides that: ... any local law enforcement agency that acquires at least $15,000,00 pursuant to the
Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such
proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood, or school resource officer program (s). The local law enforcement
agency has the discretion to determine which program(s) will receive the designated proceeds. In
accordance with this statute, organizations receiving funding will provide an accounting for any monies
received
PROGRAM IMP ACT: The Law Enforcement Trust Fund account currently has a balance of$273,291.59
This donation will count toward the required 15% expenditure.
FISCAL IMPACT: Expenditure to be charged against account number 691-0000-247-04-25. No adverse
affect on departmental operations.
ALTERNATIVES: None.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
--
City Manager's Signature
Assistant to City Manager ~
Department Name City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
Gulf Stream Council, INC
Boy Scouts of America
8335 North Military Trail
Palm Beach Gardens, FL 33410
561-694-8585
December 9, 2008
Chief Matt Immler
100 E. Boynton Beach Boulevard
PO BOX 310
Boynton Beach, FL 33425
Dear Chief,
Thank you for your continued interest and support of Scouting. Your on going support has
helped to strengthen and enhance our Scouting program throughout the Boynton Beach
community .
Program/Service: Friends of Scouting - Scoutreach program for inner-city youth
Many promising inner-city youth are truly at risk in our local communities including Boynton
Beach. The disintegration of the family, rampant drug abuse, gangs, and extreme violence all
work against their chances of someday becoming productive, contributing members of society.
Sadly, a large percentage of these young people must grow up to quickly because of the need to
help support their families. Too often, their education is sacrificed and the vicious cycle of
poverty, dropping out of school, and unemployment is perpetuated in this community.
One solution to this problem is to re-direct a child's energies away from negative, self-imposed
limitations towards a more positive and healthy "can-do" attitude through Scouting's traditional
Cub Scouting and Boy Scout programs. Recruiting and training caring adult Scout leaders with
whom these boys can identify and bond will be the key to our program's success. Through
positive leadership and support, these youngsters will learn important life skills that promote
responsible citizenship in the home, school, and community.
Your Friends of Scouting donation supports our Scouting mission and initiatives in the Boynton
Beach area. Scouting is the largest youth serving organization working to prevent crime, drug
abuse, gang violence and the break down of traditional family values. Scouting provides its
members with a positive and proactive approach to an increasingly challenging world. "A Scout
is, Trustworthy, Loyal, Helpful, Friendly, Courteous, Kind, Obedient, Cheerful, Thrifty, Brave
Bfa 8335 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410
,f('t.'J} PHONE: 561-694-8585 .. FAX: 561-694-9050 ..
WWW.GULFSTREAMCOUNCIL.ORG
Instant cash discounts! . www.ScoutSavings.com
and Clean & Reverent." What could be accomplished if everyone conducted himself or herself
by following these simple principles?
As discussed your generous donation to Scouting will be applied to various programs, camping,
and activities throughout our Boynton Beach Scouting programs. A portion of the proceeds also
help to enhance programs for our summer camp "Tanah Keeta," utilized by our Scouts not only
from Boynton Beach, but by Scouts throughout Florida.
Thanks again for your continued efforts to expand the Scouting experience, as we strive to
cultivate our nation's future leaders through character education.
is P'oggio
District Executive
VI.-CONSENT AGENDA
ITEM I.
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)
D January 6, 2009 December 15,2008 (Noon) D March 3,2009 February 17, 2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) r2J April 7, 2009 March 16,2009 (Noon)
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
r2J Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
RECOMMENDATION: Authorize the use of$I,OOO.OO from Mayor Taylor's Community Investment Fund to asmt
Bethesda Memorial Hospital in celebrating Bethesda Healthcare System Nurses Week.
EXPLANATION: Commission approval is requested for the allocation of$I,OOO.OO to assist Bethesda Memorial Hospital
reward their nursing staff with a Nurses Week celebration May 3rd through May 9th, 2009.
PROGRAM IMPACT: Allocation of funds will assist the above program.
C)
I.D
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FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
~anag"", S;gnature -
Department Head's Signature
A"ffimn~~
CIty ttomey / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 2, 2009
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $1,000.00
Recipient/Payee: Bethesda Memorial Hospital
Description of project, program, or activity to be funded: Allocation of funds will assist
Bethesda Memorial Hospital reward their nursing staff with a Nurses Week celebration May
3rd through May 9th, 2009.
Dated: 1/;2/0 q
f '
By: ~#-?L/~4-G~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $2,000.00 has been used to date by the requesting Member,
leaving a balance of available funds of $8,000.00. This request would bring the available
amount down to $7,000.00
Accordingl Y'/
wlI There are funds available as requested
o There are insufficient funds available as
Dated:
If-).. 'b;
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
o The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~ Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the state~dPUrp se.
1 ~~-{)1 By: _ ,I'
~------
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
--~ Bethesda
Memorial Hospital
March 18, 2009
Honorable Mayor Jerry Taylor
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Fl 33435
Dear Mayor Taylor,
Every year Bethesda Memorial Hospital celebrates our nurses during Nurses Week for
their outstanding nursing care and compassion. Bethesda Memorial Hospital in Boynton
Beach employs over 800 nurses and we feel they truly are the heart and soul of patient
care. Their challenging work in caring for our community should be recognized this time
of year. We are grateful for your generous support last year for the Jayne E. Miller
Nursing Scholarship Fund.
This year, Bethesda's Nurses Week theme is "Bethesda's Nurses Fifty Years of Caring".
During this critical state and national nursing shortage, retaining our caring and
experienced nurses is crucial. Hence, we kindly request a donation to assist us in
rewarding our nursing staff.
Nurses Week will be celebrated at Bethesda, May 3rd thru May 9th 2009. We are seeking
your support in helping to make the celebration special for our nurses. Any assistance
you can provide in the way of a donation this year for our nursing staff would be greatly
appreciated. We would be honored if you could join us for Bethesda's Nurse
Appreciation Breakfast and Award Celebration on Wednesday May 6, 2009 to officially
proclaim May 3rd th..ru :May 9th Bethesda Healthcare System Nurses 'Neek. 'lYe look
forward to hearing from you. For any questions, please contact me at 737-7733 ext.
4501.
Sincerely, ,~
Lt/... J (/
.~..L~-C?f~
Geralyn Lunsford, RN, BSN, MHM
Vice President Patient Services/CNO
Gl/kw
2815 South Seacrest Boulevard. Boynton Beach, Florida 33435. (561) 737-7733
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
o December 16, 2008 December I, 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) o March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) [gI 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 [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
.~ Public Hearing 0
RECOMMENDATION:
Approve the first reading of Ordinance no. 09-_ amending sections 26-9 of the City's Code governing
rates for potable water, and wastewater charges, which will implement a revised rate structure
commencing May 1, 2009.
EXPLANATION:
Changes in water usage patterns, as mandated by the South Florida Water Management District, have
effectively reduced potable water usage to a significant extent, and thereby reduced the City's revenues
from water and wastewater volume-based charges. The rate structure adopted via this ordinance will
adjust the rate structure so as to yield a higher percentage of revenue from base facility charges, in
recognition that the Utilities Department's fixed costs are significantly higher than the percentage related
to flow-based costs. The new structure will therefore serve to reduce the negative impacts of any future
water usage restrictions mandated by the District.
Based upon a rate study update completed by CH2MHill, the City's Utilities Department will require
additional revenues in order to properly operate and maintain the current system, and also to allow for
future expansions and improvements. The proposed rate structure will generate the revenue required to
meet these future demands, maintain adequate debt service coverage, and fund anticipated future debt
service that will be required over next five years.
PROGRAM IMPACT:
Sufficient revenues are essential for maintaining proper coverage on existing bonds' debt service, and for
assuring the long-term stability of the system.
FISCAL IMP ACT:
The new potable water and wastewater rates are anticipated to generate approximately $4.275 million in
revenues for the remainder of fiscal year 2008-09 and an additional $8.615 million for the upcoming fiscal
year of 2009-10.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Leave the current rates in place, which would result in the following system deficiencies.
. Inability to meet debt service coverage, with ensuing difficulty in obtaining additional
funding for capital improvement projects.
. Face the potential for continued budget deficits
fer or cancel mission critical capital projects
t ~
sistant to City Manager ~
UTILITIES
Department Name ity Attorney / Finance
Xc: f4/:.eter Mazzella (w/attachments)
Barbara Conboy "
Michael Low "
City Attorney "
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
NOTICE TO CUSTOMERS:
During the regular meetings of the City of Boynton Beach Commission on Tuesday, April 7, 2009 and Tuesday,
April 21, 2009, the Commission will consider an Ordinance, on first reading and second reading respectively, to
increase the rates of potable water and wastewater provided by the City of Boynton Beach. The meetings will be
held in City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida, at 6:30
p.m., or as soon thereafter as the agenda permits. Public comment will be heard on 1st and 2nd reading of the
ordinance. The schedules of rates and fees shown below represent the proposed increased rates for Schedule I -
Potable Water Rates, and Schedule n - Wastewater Rates, and Additional Fees that will be inserted into Section 26-
9 of the City of Boynton Beach Code of Ordinances. The City Commission has the authority to increase, decrease or
eliminate the proposed rate increase on both 1 st and 2nd reading of the ordinance.
SCHEDULE I. POTABLE WATER RATES
(a) Residential and Commercial rates inside city:
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons! 30,000 50,000 50,000
(Residential) (Commercial) month* gallons! gallons! gallons/
month* month* month*
2008-09 $10.77 $21.54 $1.52 $2.72 $3.62 $4.46
2009-1 0 $10.77 $21.54 $1.52 $2.72 $3.62 $4.46
2010-11 $11.57 $23.13 $1.55 $2.77 $3.70 $4.56
2011-12 $11.95 $23.90 $1.57 $2.80 $3.74 $4.60
2012-13 $12.91 $23.90 $1.60 $2.86 $3.82 $4.71
(b) Residential and Commercial rates outside city:
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial) month* gallons! gallons! gallons!
month* month* month*
2008-09 $13.46 $26.93 $1.90 $3.40 $4.52 $5.59
2009-10 $13.47 $26.93 $1.90 $3.40 $4.52 $5.59
2010-11 $14.46 $28.92 $1.94 $3.47 $4.62 $5.70
2011-12 $14.94 $29.87 $1,96 $3.50 $4.66 $5.76
2012-13 $16.13 $32.27 $2.01 $3.58 $4.77 $5.89
*Represents monthly usage rates per thousand gallons
SCHEDULE II. WASTEWATER RATES
(a) Residential and commercial rates inside city:
Fiscal Base Commodity Rate Dollars Rate If No Water
Per Thousand Gallons Meter
2008-09 $16.54 $1.98 $30.42
2009-10 $16.54 $1.98 $30.42
2010-11 $17,52 $2.01 $31.62
2011-12 $17.83 $2,02 $31.99
2012-13 $19.32 $2.07 $33.80
(b) Residential and commercial rates outside city
Fiscal Base Commodity Rate Dollars Rate If No Water I
I
Per Thousand Gallons Meter !
2008-09 $20.68 $2.48 $38.05
2009-1 0 $20.68 $2.48 $38.05
2010-11 $21.91 $2.52 $39.55
2011-12 $22.29 $2.53 $40.02 ,
,
2012-13 $24,15 $2.59 $42.28
Other DroDosed fees and adiustments
. Increase in charge for insufficient funds (dishonored checks) to $25
. Implement late payment fee of $10
. Authorize City to collect expenses for damages to meters/service by customer
1 ORDINANCE NO. 09-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26, WATER, SEWERS AND
6 CITY UTILITIES, AMENDING SECTION 26-8,
7 AMENDING SECTION 26-9, REVISING THE RATE
8 SCHEDULE FOR POTABLE WATER AND
9 WASTEWATER; AND PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, at the direction of the City Commission of the City of Boynton Beach,
15 in 2008 the City's utility system consulting engineers, CH2M Hill Consulting Engineers,
16 conducted an update to their previous study on water and sewer rates necessary in order for
17 the City to provide the desired level of services ("Study"); and
18 WHEREAS, based on a rate study update completed by CH2MHill the City's
19 Utilities Department will require additional revenues in order to properly operate and
20 maintain the current system and also to allow for future expansions and improvements
21 therefore, City staff recommends modifications to Chapter 26, Water, Sewers and City
22 Utilities, of the Code of Ordinances; and
23 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
24 proposed increase to any rate, charge or fee for water or sewer utility service, have been
25 satisfied, as the required notice has been furnished to each utility customer through the City's
26 regular billing process; and
27 WHEREAS, in order to ensure that the projected requirement increases are covered,
28 adjustments for potable water and wastewater rates are necessary; and
29 WHEREAS, the City Commission of the City of Boynton Beach, based upon the
I
i I. 'C' 'd d b 1 C' T . . .
]ustmcatlOn proVl e y De ny s ut! ny system consultmg engmeer In a report to the \. It\
2 Commission and by City stan: deems it to be in the best interests of the citizens and resident:-;
3 of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City of Boynton
4 Beach Code of Ordinances to provide for these necessary changes,
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7 Section I. Each Whereas clause set forth above is true and correct and
8 incorporated herein by this reference,
9 Section 2. That Chapter 26, Article 1. Section 26-9, entitled Water and sewer
]0 connection, deposit and service charges, is hereby amended in part by adding the words in
] ] underline as follows:
]2 Sec. 26-8. Water and sewer connection, deposit and service
]3 charges.
]4 There is hereby established a fee structure for water and sewer service, tum-ons, meter
]5 connections and deposits and miscellaneous services as set forth below:
Service Charge
Turn-on $20
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test* $20
..,
-
Re-read* (customer request) $20
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
The Utilities Department is authorized to
collect expenses for damages to
meters/service by customers
I *No charge if meter error city's error, or sub-standard flow rate is detected.
2 ***
3 Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and
4 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable
5 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows:
6
7 Sec. 26-9. Water and wastewater rates and charges.
8
9 The monthly rates and charges for water and wastewater shall be as
10 set forth in the tive-year schedules in this section. Such rates shall become
11 effective on May 1 st of each of the fiscal years indicated and shall not be prorated:
12
13 SCHEDULE L POTABLE WATER RATES
14
15
16 I (a) Residential and Commercial rutes inside city:
] 7
1-15::'; I ~:::': [=~ I :~'.= I;: 5,~,gg I
~ Charge Charge gallons/ 50.000 gallo~s/
(Residential) (Commercial montfi* I, / month*
3
I'
I ,-'n--------,-~..-~'--T m,
I i-l month*
1-~07 I $110 _-'$88(1 ... _~I-e4 R7~ _ ~~;'"
I ~Og 14M _____LC).~g _____~j_l,65 ___ _~'O~______i:c:p. n_____
I ~()9 I >.23 ' ~ . US : 327 ' 4~
114+4- ~ 1-l4-&-f -- ! ~~ ! ~ +.-w
1++ I I .
12mJ- , ~ I .\{),g.f · Hi, IM4 '11 q----
! +2 I i',
- -~.~ -----'----------_._."-~-~_._-,..;. ---- - --- -----
I
2 --+fr) Re~;idcntial and Commercial ra~e~; out;ide city:-
3
~ ~ase Facility ~u~;e Fucility I;~ ~~.~o \ ~~.~~~: ! Over 50.000
~ .,h...ge Chnrge . galk,ac'.' ~_ gallons'
(Rcr.i dentin!) '( Commercial I month' gall on"i ,moa!h'
:1 ! month*
I 200+- ~ ! $] 1.00 -I ~ , $:1M I ~ -------
(}& I --I- - .-' -+~- -.--- - -
I i 2-008- ~
,R,+Q ! ~ i ~ ' +.-M
~ ---I --- - ! I ' - ~____n'_
I I~ ~ I -H-47 ! 2.23 ! W& ~
iM i
I ~t+:W --- I -,--- I n____ -+--_~n____
I I 2+>+G- ~ . 2..~ 2 ! 1.25 ~.2~
I
:-1-+ i -~ I'~--+-- -- __n_
I I 2-G+-l- ~ I .J-,}.,W ~2 i '1,25 I :'-,:24-
I
i+2 ~_,L_ __
-_._-~-.- --------- ------'_... ~_'m. __'_ ..,_.._____._.~__._,__
4
5
6
7 (a) Residential and Commercial rates inside city:
8
Fiscal Base Facility Base Facility 0-9.000 30,001- --
9,001- Over
Year CharQe Charge qallons/ 30.000 50,000 50,000
I (Residential) (Commercial) month* qallons/ qallons/ qallons/
month* ! month* month*
I
I 2008-09 ..
$10.77 $21.54 $1.52 $2,72 1 $3.62 - $4.46
I -,-
2009-10 $10.77 $21 ,54 .lidf. $2,72 $3,62 $4.46
I 2010-11 li12Z $23,13 ~ $2,77 $3,70 $4,56
I 2011-12 $11,95 $23,90 $1.57 $2,80 $3.74 $4,60
I 2012-13 $12.91 $23,90 $1,60 $2.86 $3,82 $4,71
-..-
9
10 b Residential and Commercial rates outside cit .
] ]
4
Fiscal Base Facility Base Facility 0-9.000 9.001- 30.001- Over
Year CharQe CharQe Qalfons/ 30,000 50,000 50,000
( Residential) (Commercial) month * oallons/ Qallons/ oallons/
month* month* month*
2008-09 $13.46 $26,93 $1,90 $3.40 $4,52 $5.59
2009-10 $13.47 $26,93 $1,90 $3.40 $4,52 $5,59
2010-11 $14.46 $28,92 $1,94 $3.47 $4.62 $5.70
2011-12 $14.94 $29.87 $1.96 $3.50 $4,66 $5.76
2012-13 $16,13 $32,27 $2,01 i3.58 $4,77 $5.89
1
2
3 *Represents monthly usage rates per thousand gallons
4
5 Section 4. That Chapter 26, Article I, Section 26-9, entitled Water and
6 wastewater rates and charges, is hereby amended in part by deleting Schedule II, Wastewater
7 Rates, and replacing the same with a new Schedule II, Wastewater Rates, as follows:
8 SCHEDULE II. WASTEWATER RATES
9
10 (:1) Residential and commercial rates inside city:
11
Fts€ttl Base Commodity Rate Rate If No \Vater
Dollars Per Thousand ~
Gallons
I 2007 08 $11.14 ~ $23.00
I 2008 09 ~ ~ ~
I 2009 10 ~ -h-% ~
I 2010 11 ~ +.-94 ~
I 2011 12 ~ -h91 ~
]2
]3 (b) Residential and commercial rates outside city:
14
meal Base Commodity Rate Rate If No Water
Dollurs Per Thow;and ~
Gallons
I 2007 08 $13.93 ~ $28. 79
I 2008 09 ~ 2-d9 J-hG.9
I 2009 10 -8-:M 2-:J.& ~
I 2010 11 B-:% ~ ~
I 20] 1 12 M-+9 M.f .J.;A-7
IS I
16 (a) Residential and commercial rates inside city:
5
I
[Fiscal -- ~~_.,~-~-~-~-
Base i Commodity Rate Dollars l Rate If No Water
_._ _. ~ I Per Thousand Gallons ..". ... i Meter
2008-09 16,54 i $1,98 -'--- I $30.42
,-
2009-10 16,54 __~. i $1,98 i 30.42
- --_.~----- ~------_.- .-
2010-11 17.52 _.__ I $2.01 31.62
-" -" ..
2011-12 17.83 i $2,02 31,99
__a___' .- --
2012-13 19.32 · $2,07 $33.80
-~~ -,_._--~ ._,. ... ~ - -. -'-----~-" "-'- --_._~ '---"-
2
3 (b) Residential and commercial rates outside city:
4
I Fiscal Base -- ---- TCommoditv Rate Dollars I Rate If No Water
I 2008-09 =l :;.~~hOUS:~,d ~:lIons ~ -l ~~~~5 -----,,-
20,68
--~- -
2009-10 20.68 I $2.48 ____________ ' $38.05
____._____m_
2010-11 21,91 _ _ ... ' $2.52 '_n_ __ " .__ I $39,55
"-'-'----"0 ___"
i 2011-12 22.29 ___ '_~_ 1$40.02
$2415 ......- -
2012-13 ___ __ .' 2.59 __ ____,____~___ .. i $42.28
5
6
7
8 Section 5, Each and every other provision of Chapter 26. not herein specifically
9 amended shall remain in full force and effect as previously enacted.
10 Section 6. All ordinances or parts of ordinances in contlict herewith be and the
] I same are hereby repealed,
]2 Section 7. Should any section or provision of this ordinance or portion hereof
]3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
]4 invalid, such decision shall not affect the remainder of this ordinance,
15 Section 8, Authority is hereby granted to codifY said ordinance,
]6 Section 9. This ordinance shall become effective May]. 2009.
]7 FIRST READING this _,___ day of ,2009.
-~.- ~-'-
18
6
1 SECOND, FINAL READING AND PASSAGE this day of
2 ,2009.
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 ATTEST: Commissioner - Woodrow L. Hay
17
18
19 Janet M. Prainito, CMC Commissioner - Marlene Ross
20 City Clerk
21
22
23 (CORPORA TE SEAL)
24
25
26
27 S '\CA \Ordinances\UtilitY> Water Rates 09-1 O,doc
7
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
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)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) [gI April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations IZI City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Receive and discuss a summary financial analysis oftbe City's General Fund and tbe Utility
Fund for tbe five montbs ended February 28, 2009; 42% of the fiscal year.
EXPLANATION: As these two funds represent approximately 75% of tbe 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 tbis same point in time witb 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 tbe severe
downturn in the economy.
PROGRAM IMP ACT: Displays the use of budgeted funds by revenue sources and departmental program
expenditures/expenses.
FISCAL IMPACT: Provides the Commission with an opportunity to review tbe source and use of our financial
resources on an interim basis during the fiscal year as compared to our budgeted funds.
~
City Manager's Signature
Financial Services Assistant to City~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
TO: Kurt Bressner, City Manager
FROM: Barry Atwood, Finance Director
Tim Howard, Deputy Finance Direct
Anthony Davidson, Budget Manager
Sue Moroney, Revenue Manager
DATE: March 17, 2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Five Months Ended February 28, 2009
We are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for
the five months ended February 28, 2009 (42% of the year) compared to the annual budget of each fund, This is
the report mentioned verbally at the March 17 Commission meeting.
GENERAL FUND
FY 2009 revenues to date exceed expenditures by $8.4 million, However, that compares negatively to FY 2008 by
$4,6 million to date when revenues exceeded expenditures by $13.0 million as noted in the following summary,
FY 2009 Actual FY 2008 Actual
to Date to Date
Amount % Amount %
Revenues & Transfers $ 39,585 54% $ 41,051 60%
Expenditures - $(31,137) 42% $(28,027) 41%
Excess (Deficit) (5,047) - $ 8,448 $ 13,024
Revenues & Transfers (Exhibit A) - 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 $39.5 million (54%) of the $73,9
million annual estimate. However, at the same point in FY 2008, realized revenues of $41 million were 60% of the
$68.4 million annual estimate, As a result, staff analyzed and projected annual estimates for all revenue sources,
. Exhibit A reports property tax collections of $29,1 million to date this year are 83% of the annual budget. This is
under 1% of the 84% collected to date in FY 2008, While the 1% difference represents an approximate
$350,000 shortfall, At this point, we have not reduced our estimate, but we will monitor this closely,
. Based on that review of all other revenues for the first 5 months, we project a revenue shortfall of approximately
$5,0 million 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 of the projected difference for each revenue source,
Expenditures (Exhibit B) - General Fund expenditures for the period were $31.1 million (42%) of the $73.9 million
annual expenditure appropriation. This represents an increase of $3,1 million compared to FY 2008, However, the
percent of expended budget were relatively equivalent at 42% for FY 2009 compared to 41 % expended in FY 2008,
. Exhibit B provides details of expenditures to date of each department.
. In addition, the graph on the lower half of Exhibit B notes that expenditures to date are tracking the same
spending pattern as FY 2008, They appear to be on course to come in slightly under the FY 2009 straight line
budget ending up at $73,963 million for the year in September.
Page 1 of 2 Pages
UTILITY FUND
To date, Utility Fund expenditures exceeded revenues by $1.2 million in FY 2009 compared to a $2.8 million surplus
for FY 2008 resulting in a negative swing of $1,6 million as noted in the following summary.
Revenues & Fund Balance
Expenditures
Excess (Deficit) -
The 40% realized revenues and use of fund balance to date in FY 2009 exceed FY 2008 by $2.9 million.
However, FY 2009 includes an appropriation of fund balance as a funding source in order to balance the
budget with declining revenues and increased expenditures for FY 2009 compared to FY 2008.
Revenues (Exhibit C) - The $14.2 million in FY 2009 revenues exceed the $11.2 million to date in FY 2008 by
$2.9+ million because of (1) a prorate use of fund Balance ($2,0 million) with the rate increase effective at the
beginning of this fiscal year making up the difference. It appears that the reduced water and sewage revenues
estimated for FY 2009 is reasonable, as the $14.2 million received to date is 40% of the annual estimate at this 42%
of the way through the fiscal year with the heavier water usage coming in the months ahead.
Expenditures (Exhibit D) - Utility Fund expenditures to date were $12.9 million or 37% of the annual appropriation.
While FY 2008 only reported $8.4 million in expenditures, debt service accruals and General Fund transfers were
not reflected in FY 2008. Otherwise, individual expenditure categories reasonably tracked FY 2008.
Page 2 of 2 Pages
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended February 28, 2009 (42% of Fiscal Year)
REVENUES
FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE
ACCOUNTS % BUDGET %
DIFFERENCE PROJECTED APPROVED REALIZED REALlZEIl APPROVED REALIZED REALIZED
AD VALOREM TAXES - $35,013,460 $35,013,460 $29,136,755 83% $38,151,700 $32,153,498 84%
LESS llF TAXES TO CRA - 15 243.820} (5 243 820\ (5,243,820) 100% 16 129 284\ (6,129,284) 100%
NET TAXES TO THE CIlY - 29,769,640 29,769,640 23,892,935 80% 32,022,416 26,024,214 81%
LICENSES AND PERMITS
FRANCHISE FEES (221,000) 4,900,000 5,121,000 1,172,802 230" 5,188,AOO 2,111,860 41%
BUSINESS TAXES (56,000) 1,335,000 1,391,000 1,312,898 94% 1,385,000 1.296,520 94%
BUILDING PERMITS (3,015,000) 935,000 3,950,000 374,025 9% 5,244,930 3,100,193 59%
PUBLIC SERVICE TAXES - - - - 0% 3,822,490 1,261,995 33%
OTHR LICENSES, FEES & PER (28,000) 168,000 196,000 126,383 64% 223,700 135,675 61%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE (185,000) 25,000 210,000 5,732 3% 2,500 4,374 175%
STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 2,278,711 34% 7,747,000 2,537,638 33%
SHRD REV FROM OTHR LCL (15,000) 490,000 505,000 89,363 18% 942,000 66,234 7%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES 7,000 93,000 86,000 92,768 108% 87,200 82,552 95%
CHRGS-GENERAL GOVT (39,406) 251,000 290,406 116,507 40"" 406,750 88,015 22%
PUBLIC SAFETY (386,925) 3,850,000 4,236,925 1,701,501 40% 3,482,600 1,511,469 43%
PHYSICAL ENVIRONMENT 2,000 7,000 5,000 6,765 135% - 3,208 0%
CULTURSRECREAll0N (7,000) 305,000 312,000 123,271 40% 266,800 132,403 50%
INTEREST & MISC REVENUE
VlOLAllONS LOCAL ORD. (8,000) 95,000 103,000 54,547 53% 280,000 41,927 15%
INTEREST EARNINGS (295,000) 805,000 1,100,000 12,139 1% 1,519,525 570,357 38%
RENTS AND ROYAL llES (34,000) 200,000 234,000 68,684 29% 209,500 65,945 31%
SALE OF SURPLUS MATERIAL - 3,000 3,000 25,218 841% 7,500 1,081 14%
OTHER MISC. REVENUE (261,000) 116,000 377,000 40,453 11% 216,900 215,725 99%
INTERNAL FUND TRANSFERS ,
TRANSFERS - 14,786,665 14,786,665 6,161,111 42"" 5,386,800 1,799,767 33%
FUND BALANCE APPROPRIATED - 4 630 000 4630 000 1 ,929,167 42% - - 0%
Total Revenues $ (5,047,331) $ 68,916,305 $ 73,963,636 $39,684,980 54% $ 68,442,011 $ 41,051,152 60%
-_._~-- --~I
$80,000
Two Year Cumulative Revenue
Comparison and CFY Budget - ($ In
thousands)
$70,000 $68,916
$60,000
$
$50.000
$40,000
I $30,000 I
$20,000
$10,000
,400
$0 ~j
Oct Nov Dee Jan Feb Mar Apr May Jun Jul Aug
l, ~Cumulative 08 Actual ~ Cumulative 04J Actual -- Projected 09 Budget I
S;IFinanceIFinanciaI ReportsIMonthIy Financial Reports\Budgel Review - OF - thru Feb 09 SumrnarizedOO 1 Revenue Swmnary Revised 3/1712009
EXHIBIT B
CITY Of BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended February 28, 2009 (42"10 of Fiscal Year)
EXPENDITURES
rT~1I FY2009 TO DATE FY 2008 rT"'WO
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSK>N $ 423,814 $ 179,343 42% $ 474,152 $ 151,792 32%
CITY MANAGER 639,605 249,305 39% 611,335 233,390 38%
CITY HAWGEN. ADMIN. 1,917,260 660,438 34% 4,217,483 218,108 5%
PUBLIC AFFAIRS 182,064 51,755 33% 185,891 61,814 33%
CITY CLERK 577,749 198,809 34% 557,755 216,778 39%
CITY ATTORNEY 480,375 175,003 36% 444,046 172,204 39%
FINANCIAL SERVICES 1,247,864 539,167 43% 1,176,149 487,244 41%
ITS 1,866,388 786,303 42% 1,763,228 840,990 48%
GEOGRAPHICAL INFO SYSTEMS 430,164 156,375 36% 411,207 198,200 48%
HUMAN REsOURCES 1,027,136 380,033 37% 916,809 336,855 37%
ORGANIZATIONAL DEVELOP 198,891 50,570 25% 179,790 66,652 37%
PUBLIC SAFETY
COIIIIUNlCATlONS 2,384,971 878,379 37% 2,341,086 834,524 36%
POLICE 24,364,401 10,821,631 44% 21,360,400 10,182,605 48%
CODE COMPLIANCE 1,261,445 480,361 38% 1,024,201 446,626 44%
FIRE 18,713,899 8,372,127 45% 14,802,509 6,607,433 45%
EMERGENCY MANAGEMENT 116,300 30,648 26% 149,697 30,853 21%
ANIMAL CONTROL 201,023 74,178 37% 185,049 88,874 37%
BUILDING & DEVELOPMENT
DEVELOPMENT 412,826 185,079 45% 387,964 173,156 45%
BUILDING 2,388,088 835,048 35% 2,432,725 954,731 39%
ENGINEERING 937,154 383,122 41% 919,102 358,412 39%
PLANNING & ZONING 991,450 408,821 41% 1,039,390 431,510 42-,(,
BUSINESS TAX 297,936 123,840 42% 288,726 116,026 40%
PUBLIC WORKS
PUBLIC WORKS 296,412 136,914 46% 294,524 128,674 44%
FACILITIES IlANAGEllENT 2,009,496 719,645 36% 1,792,068 736,306 41%
STREETS MAINTENANCE 1,176,287 378,675 32% 1,064,949 335,227 31%
LEISURE SERVICES
LIBRARY 2,600,620 975,929 38% 2,490,441 959,965 39%
RECREATION 2,771,735 1,123,143 41% 2,795,725 1,010,326 36%
FORESTRY & GROUNDS 1,824.643 572,'" 31% 1,862,982 634,163 34%
PARKS MAINTENANCE 2,324,939 1,024,687 44% 2,272,639 871,775 38%
CRA REIMBURSABLE & RESERVES (70,299) 176,793 0% - 162,713 0%
Total Expenditures $73.963.636 $ 31,136,620 42",(, $ 68.442.011 $28.028,726 41%
I~~
$70.000
.x
$60,000 1 ",,-"$~7,093
"~-
.X
....-.. $59,592
X"
".....""'. $54,922
$50,000 .<~-X;O,279
/J
"X
$40,000 ~.#l"" " $43,963
X
~<"- .." $37,794
X
$30,000 ,,/ $33,124
$20.000
$10,000 I
,164 I
[
Oct Nov Dee Jan Feb Mar Apr May Jun JuI Aug Sep
'"*" Cumulative 08 Actual ~Cumulative 09 Actual -+- Budget 09
-~
S:\Fl11lII1CeIFinancial ReportsIMooth!y Fmancial ReportsIBudget Review - GF -1bru Feb 09 Swnmarizedool Expenditure Summary Revised 3/1712009
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
FIScal Year Period Ended February 28, 2009 (42% of FIScal Year)
REVENUES
FY 2009 FY 2009 FY 2008 FY 2008 To DATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REAUZED REAUZED APPROVED REALIZED REAUZED
WATER SALES $12,380,000 $ 4,933,248 40% $14,269,000 $ 4,299,061 30%
SEWER SERVICE 13.836,000 5,840,801 42% 14,281,907 5,326,292 37%
STORMWATER FEE 3,315,000 1,378,733 42% 3,495,800 1,376,821 39%
29,530,000 12, 152,782 41% 32,036,707 11,002,174 34%
CHRGS-GENERAL GOVT 50,000 - 0% 50,000 31,351 63%
INTEREST EARNINGS 840,000 - 0% 1,100,000 237,698 22%
SALE OF SURPLUS MATERIAL 1,000 - 0% 5,000 - 0%
GAlNlLOS5-SALE OF INVEST - - 0% - (4,720) 0%
OTHER MISC. REVENUE 33,500 9,554 28% 20,000 9,878 49%
TRANSFERS 101,000 42,083 25% 101,108 - O"k
APPROPRIATED FUND BALANCE 4.887 153 2,036,314 0% - - 0%
Total Revenues $35 442.653 $ 14,240,733 40% $33.312,815 $11,276,281 34%
-'-
$40,000
Two Year Cumulative Revenues
Comparlsou and CFY Budget - ($ in $35,443
thousands)
$30.000
$20,000
$10,000
$0 I
Oct Nov Dee Jan Feb Mar ApT May Jun JuI Aug Sep ~
I ~Comulative 08 Actual ~Cumolative 09 Actual - Budget 2009 I
-~
S:IFinanceIFinancial ReportsIMonthly Financial ReportslBudget Review. UF . thru Feb 09 Summarlzed401 Rev Sum
EXHIBIT 0
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
FIScal Year Period Ended February 28, 2009 (42% of Fiscal Year)
EXPENDITURES
FY 2UOB FY 2009 TO DATE FY 2UU8 t'T ZUUlS
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DfSTRlBUnON $ 1,687,111 $ 641,085 38% $ 1,472,215 $ 65&,273 45%
PUBUC WATER TREATMENT 6,672.154 2,.547,138 38% 6,118,042 2.,414.078 39%
METER READING & SERVICES 1,209,520 383,472 32% 1,210,417 374,894 31%
WASTEWATER COLLECTION 1,794,768 686,502 38% 1,749,751 552,491 32%
WASTEWATER PUMPING STATNS 2,574,901 927,952 36% 2,687,611 931,247 36%
SEWAGE TREATMENT 4,505,000 1,338,279 30% 3,775,800 1,292,094 34%
WATER QUALITY 578,888 234,287 40% 523,507 225,448 43%
UTILITY ADMINISTRATION 2,011,468 737,599 37% 1,950,265 735,106 38%
GENERAL ADMINISTRATION 5,728,886 2,053,004 36% 5,694,300 3,299 0%
UTIUTIES ENGINEERING 1,274,598 613,519 40% 1,199,267 483,197 40%
STORMWATER MAINTENANCE 899,485 233,749 26% 931,447 278,867 30%
CUSTOMER RELATIONS 1,202,174 480,254 40% 1,217,468 468,190 38%
DEBT SERVICE 5,304,685 2,214,330 42"k 4,882,725 1,060 0%
RESERVES 19651 - 0% - . 0%
Total Expenditures $ 36,442,653 $12,991,170 37".4 $33,312,815 $ 8,408,244 25%
--~- ~._--- I
$40,000 I
Two Year Cumnlative Expenditures
Comparison and CFY Budget - ($ in
thousands)
$30,000
$20,000
$10,000
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$0
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L
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S:\RnanceIFmancial ReportslMonlhly Financial Raports\Budgel Review - UF -!hru Feb 09 Summarized401 Exp Sum
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B
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) D March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19. 2009 (Noon) o April 7, 2009 March 16, 2009 (Noon)
D A nnouncements/Presentati ons [M City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: At the request of the Mayor, this item is being presented to the Commission
regarding the potential use of the old bait shop building at Boat Club Park. Use of the building may
include entering into an agreement with a local non profit organization that will operate the bait shop and
use the proceeds to benefit their mission, or leasing the bait shop to a for profit vendor.
EXPLANATION: Staff was recently contacted by Mr. Richard Brochu regarding the use of the Boat Club
Park "Bait Shop" building. Mr. Brochu created the Florida Fishing Academy, a local non-profit
organization with a mission to teach youth fishing as a healthy lifestyle and a constructive hobby. Mr.
Brochu proposed leasing the building from the City for $1 /year for a term of five years, and using it as a
bait shop for which the proceeds would be used to benefit the Florida Fishing Academy.
The bait shop building was constructed in the mid 1980s. It was leased to a private operator until late
2000. The building is currently being used for storage and office space for the parking attendants, which
collect parking/launching fees on holidays and weekends at the Park. It stopped functioning as a bait
shop because the vendor was not generating enough revenue.
PROGRAM IMPACT: Program impact is based on what option is chosen. Ifit's decided to operate the
building as a bait shop again, the Department will need to relocate items currently being stored in the
building and the Parking Attendants will need to be relocated.
FISCAL IMPACT: Items being stored in the building can be relocated to other facilities. This is a
potential source of revenue if awarded to commercial use.
SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
. Enter into an agreement with the Florida Fishing Academy:
. Enter into an agreement with a local non-profit group/agency chosen through a Request For Proposal
(RFP):
. Enter into an agreement with a for-profit vendor chosen through Z
. con~~~ue:::lIdin as.'s CUJ~:t1:be:g used ~
epartment Head's Signature City Manager's Signature
Assistant to City Manager ~
Recreation & Parks
-~-~...._------ --
Department Name City Attorney' Finance
S \BULLETIN\FORMS\AGENDA ITeM REQUEST FORM DOC
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IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM C
AGENDA ITEM REQUEST FO~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk' s Office
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) o March 17, 2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) ~ April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations ~ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
0 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.
EXPLANATION: 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 OwnerlDeveloper of the "Ocean 95 Project Property" were held to determine their
acceptance ofthe 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 will 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:\BULLETIN\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 tu
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,
~"^':JG- V~~~ _n__.__
City Manager's Signature
Assistant to City Manager _ OJ11U
Public Works - Engineering Division
Department Name City Attorney / Finance
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM,DOl'
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AL TERNATIVE 1 a
. No impact to Winchester property
. Parking deficit = 13 spaces
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM D
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to City Clerk's
Dates Office Dates 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) D March 17, 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) ~ April 7, 2009 March 16, 2009 (Noon)
D An nou ncements/Presentations X City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal D
Settlements Unfinished Business
D Public Hearing D
RECOMMENDATION: Staff recommends the approval of Resolution R09-_authorizing the adoption
of policies and procedures to implement the City's Community Development Block Grant
Neighborhood Stabilization Program (NSP).
EXPLANATION: The NSP was established through Title II, Division B of the Housing and Economic
Recovery Act of 2008, for the purpose of assisting cities in the redevelopment and reuse of abandoned
and foreclosed homes. Accordingly, in order to effectively fulfill the requirements of the NSP program,
the Community Improvement Division of the City's Development Department proposes the following
policies and procedures to govern the activities of the program in the City of Boynton Beach.
The Community Improvement staff believes that the emphasis should be on creating opportunities for
home ownership by using mechanisms involving lower sale prices, credit enhancements, and the
subsidies created by the NSP program. Unlike renters, who generally do not have a personal stake in
the community, homeowners are more likely to take pride in their neighborhood thereby contributing to
its stability. Therefore, the division is proposing the following:
1 . Targeting low and very low income buyers. There will be opportunities for households earning up to
120% of the area median income to acquire homes.
2. Using community/neighborhood friendly non-profit entities, selected through a competitive process,
that have experience in working with low income buyers. It should be noted that the Department of
Housing and Urban Development (HUD) specifically encourages the use of such community and
faith based entities in its programs.
3. Using NSP for homebuyer subsidies and leveraging SHIP and other funding sources such as Federal
Home Loan Bank of Atlanta AHP funding.
4. Strong homebuyer education and credit counseling.
Agenda Memorandum
Page 2 of 2
April 7, 2009
5. Use of alternative credit such as consistent rent and utility payments.
6. Securing properties through bank Real Estate Owned (REO's) and Fannie Mae in order to minimize
costs
7. Use of credible secondary market entities to purchase mortgages and entice lenders to loosen
credit to low and very low income buyers.
City staff will conduct inspections, prepare work write-ups and repair estimates, and be responsible
contractor selection. The City will purchase and hold properties to minimize carrying costs and then
transfer them to the selected community based non-profits for rehabilitation resale.
PROGRAM IMPACT: The program will result in the following benefits to the community:
. Reducing potential slum and blight
. Stabilizing neighborhoods. Buyers who go through homebuyer education and credit counseling
have some of the lowest foreclosure rates in the market place currently
. Assisting homebuyers who qualified by way of credit but could not find affordable housing in the
past
. Facilitating speedier disposition of properties and expenditures of NSP dollars
. Recycling the NSP dollars for maximum impact in the City
. Promoting public - private sector partnership between the City and the community
. Leveraging of NSP dollars
The City Commission has expressed the desire to give city employees preference in the purchase of
rehabilitated properties. However, aside from the issue of whether city employees would meet the
income eligibility criteria, the local HUD office has advised that such a preference would be
discriminatory and, therefore, not allowed under the NSP program.
FISCAL IMPACT: There will be no impact to the general fund budget as NSP provides both
administrative allocation to cover City staff and administrative costs. Some costs for staff, external
agencies, and property carrying and maintenance can be charged to the project out of NSP funding
as "project delivery" costs.
ALTERNATIVES: Nj
~~
City Manager's Signature
Assistl'Sl,nt to City Manager ~
~orneY I Finonce
Depar
Department of Development
Community Improvement Division
Department Name
C:\Documents and Setfings\greeneq\Desktop\Office Documents\General Administration\Dev - Community
Improvement\(NSP) Neighborhood Stabilization Program\Draft 04-07-09 Agenda Item.doc
I RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 ADOPTING POLICIES AND PROCEDURES TO
6 IMPLEMENT THE CITY'S COMMUNITY
7 DEVELOPMENT BLOCK GRANT NEIGHBORHOOD
8 STABILIZATION PROGRAM (NSP); PROVIDING AN
9 EFFECTIVE DATE.
]0
] ] WHEREAS, the NSP was established through Title II, Division B of the Housing
] 2 and Economic Recovery Act of 2008 for the purpose of assisting cities in the redevelopment
]3 and reuse of abandoned and foreclosed homes; and
]4 WHEREAS, the City Commission adopted the NSP via Resolution R08-139 on
]5 November 18,2008; and
16 WHEREAS, staff is recommending the adoption of policies and procedures in order
] 7 to implement the NSP; and
] 8 WHEREAS, upon the recommendation of staff, the City Commission deems it to
19 be in the best interests of the citizens and residents of the City of Boynton Beach to adopt
20 the policies and procedures herein in order to implement the City's Community
21 Development Block Grant Neighborhood Stabilization Program.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are true and correct and are hereby
25 ratified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
27 adopts the following policies and procedures to implement the City's Community
28 Development Block Grant Neighborhood Stabilization Program:
S:\CA\RESO\NSP implementing policies and procedures. doc
1
2
3
4
5
6
7
8
9
]0
] I
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]3
]4
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18
19
20
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22
23
1.
Targeting low and very low income buyers. There will be opportunities for
households earning up to 120% ofthe area median income to acquire homes.
2.
Using community/neighborhood friendly non-profit entities, selected through
a competitive process, that have3 experience in working with low income
buyers. It should be noted that the Department of Housing and Urban
Development (HUD) specifically encourages the use of such community and
faith based entities in its programs.
3.
Using NSP for homebuyer subsidies and leveraging SHIP and other funding
sources such as Federal Home Loan Bank of Atlanta AHP funding.
4.
Strong homebuyer education and credit counseling.
5.
Use of alternative credit such as consistent rent and utility payments.
6.
Securing properties through bank Real Estate Owned (REO's) and Fannie
Mae in order to minimize costs.
7.
Use of credible secondary market entities to purchase mortgages and entice
lenders to loosen credit to low and very low income buyers.
Section 3.
This Resolution shall become effective immediately upon passage.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38 ATTEST:
39
40
4] Janet M. Prainito, CMC
42 City Clerk
43
44 (Corporate Seal)
45
PASSED AND ADOPTED this _ day of April, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S'\CA\RESO\NSP implementing policies and procedures. doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM E
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17, 2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) r8J April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations r8J 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
INTRODUCTION: This is the first ofa series offollow-up discussion items related to the 2009-2010 Operating Budget and
follows the initial discussion of the budget held at the March 17,2009 City Commission. The staff report and the PowerPoint
presentation for that meeting is at the City's web site at:
http://www.bovnton-beach.org/govemment/departments/publicalTairs/publications/preliminarvdiscussionofgeneralfundoperatingbudget.html
At that time, the City Commission provided initial comments on the budget. These are attached as Exhibit A. On March 5,
2009, the City Manager in a letter to City employees requested comments and suggestions on the budget issues from City
staff. The comments received to date are attached as Exhibit B. As updates are available, they will be published. On March
26, 2009, the City published a blog article about the budget and requested citizen ideas on budget reductions. A suggestion
box has been placed in the lobby of City Hall for citizens and employees to use.
The City will not receive preliminary taxable value information from the Palm Beach County Property Appraiser until late
May. However, it is recommended that we proceed with budget planning based on the assumption of a 5, 7.5 and 10%
reduction on taxable value. These were the three financial models discussed on March 17th. The table below shows the
estimated deficit based on these three models.
Assessed
Valuation
Reduction
5.0%
7.5%
10.0%
Reduced
Property
Taxes
$].4M
$2.1M
$2.8M
Projected Property Projected General Fund Budget Deficit at Alternate Expenditure
Value Reduction % Increase Levels
0.0% 2.5% 5.0%
5.0% $ (10,511,871) $ (12,281,595) $ (14,051,319)
7.5% $ (11,265,870) $ (13,035,594) $ (14,805,318)
10.0% $ (11,910,871) $ ( 13,680,595) $ (16,041,255)
Staff estimates the December 2008 assessed valuation of property (the date used for the FY 2009/10 budget) to decline
another 5 -10%. At the current 6.4553 tax rate, this translates into a $1.4 million to $2.8 million reduction of ad valorem
property taxes as noted above.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
C((;
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
RECOMMENDATION: Discussion on the following items is requested. In subsequent meetings, the other areas discussed
at the March 17th City Commission Meeting will be analyzed and presented for further discussion.
I. Provide budget direction to the City Manager and City Department heads to begin budget preparation that
contemplates a 0% increase over the current FY 2008/09 budget.
2. Creation of a 4-day work week for non-shift City staff.
3. Proceed to reopen certain provisions of all Police and Fire Collective Bargaining Agreements.
4. Authorize staff to proceed with research necessary for (a) evaluation of alternative City/employee contribution levels
to the existing pension plans and (b) transition from a pension plan based upon defined benefit provisions to one
based upon defined contributions for all new employees in all employee groups.
5. Authorize staff to prepare an early buyout program to be submitted under separate cover prior to adoption of the FY
2009/1 0 operating budget.
EXPLANATION: Many of the strategies require City Commission review because implementation of them will in some
way impact the public and City staff. It is critical that any change in policy and leve]s of service be done so at the direction of
the City Commission. Therefore, staff contemplates a number of action items over the next several months to begin strategy
implementation. This report is the first of a series of agenda action requests.
ACTION ITEM #1 - 0% Bude:et Increase
Although budget preparation has yet to begin on a staff level, the Budget Team believes it appropriate for the City
Commission to provide direction regarding preliminary cost containment approaches. The Budget Team believes that, at
minimum, departments should be required to present operating budgets that show NO INCREASE over the current FY
2008/09 budget level. The Budget Team recognizes that this will be difficult for departments to do because there are a
number of budget elements that will increase for reasons beyond the realm of control of department staff. For example,
salaries in collective bargaining agreements contain built in increases, pension costs are increasing and certain building
and grounds maintenance costs will rise (new building such as Fire Station #5 and parks such as Congress Community
Park). To offset these increased expenses, departments will be forced to cut services and programs elsewhere, simply to
maintain a level budget.
The Budget Team recognizes that some departments will have difficultly in maintaining a level budget and the Budget
Team also recognizes that there is a desire to not impact public safety operations. However, it is the recommendation of
the Budget Team that all departments present budgets with no increase.
Summary and Recommendation
Staff recommends that the City Commission confirm, by motion, direction to all operating departments to prepare their
operating budget for FY 2009/1 0 such that, at minimum, there will be no increase over the current FY 2008/09 budget
leve]s and that operating departments identify offsetting program modifications necessary to achieve the budget directive.
ACTION ITEM #2 - Creation of a 4-Dav Work Week
Many units of government and private industries are considering and beginning a 4-day workweek and all for the same
reason, cost containment. Severa] Broward and Dade County cities have transitioned to a 4-day workweek. Attached as
Exhibit C to this report please find a comparative impact analysis prepared by the Sustainability Team for the Cities of
Coconut Creek, Margate and North Miami.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
While cost savings are not significant, utility and custodia] costs will reduce for those agencies that transition to a 4-day
workweek. It can be somewhat difficult to specifically identifY cost savings associated with reduced utility expense but
custodia] and other minor fixed costs are directly correlated to the reduced number of days that service is provided. For
example, one can assume that custodial costs will be reduced by approximately 20% (4 days versus 5 days). Staff
anticipates realizing a cost savings for energy, custodial and fuel of approximately $150,000 by reducing City Hall
functions to four days. It is not the intent of this report to evaluate the intricate savings elements. In addition, there will
be a "green" effect with lower commuting costs for staff. What are the public and employee impacts?
Public/Customer Impact - There is no doubt that the services we provide to the community will change if we move
toward a four-day schedule. One can argue as to whether the service change is viewed either positively or negatively.
For example, City Hall would be closed one extra day per week yielding less opportunity for the public to conduct its
business with us.
Both Public Works and Utilities operate schedules that demand more than four workdays per week. Utilities operations
function seven days per week and Solid Waste operates six days per week. Initial research suggests that we can close
much of the administrative areas one extra day per week, but many of the field operations must continue on normal
schedules.
Current City Hall office hours are 7:30 AM to 4:30 PM., Monday through Friday. If a 4-day workweek is established,
staff proposes office hours of7:00 AM to 6:00 PM., Monday through Thursday.
Employee Impact - Impact on the employee is a very important consideration. Working ten hours per day for four days
can be an exhausting schedule. Alternatively, the creation of a three-day weekend will likely enhance the employee's
quality of life. The balance of these two elements is unique to all individual employees. Therefore, the opinion of each
employee is "right" regardless of his or her position. Day care has been the primary negative aspect for employees.
Many day care facilities close at 6 PM or require a premium payment for late pick-up of a child.
Recreation Programs - It is a simple process to close City Hall, the West Wing and the Library one additional day per
week. However, it is a bit more difficult to reduce hours in Recreation, particularly for those programs such as after
school care that operates five days per week. Because Recreation has advertised their programs running through the
summer months in the Funfare Magazine, staff does not recommend change in Recreation building hours at this time.
Rather, additional research is necessary to determine how to reduce building hours beginning with the fall program
schedule. The Library operations also need to be reviewed. It may be appropriate to close the Library on Monday rather
than on Friday.
Other Considerations - The City's Sustainability Team evaluated options related to business hours to lessen the City's
carbon footprint. The Team recognized that any reduction in the number of hours that City offices are open would
enhance energy conservation and hence improve our carbon footprint. Lastly, there is growing support for a 4-day
workweek in society. Even the local media recognizes that we must consider a 4-day workweek. In a September 8, 2008
editorial, the Sun Sentinel opined on 4-day workweeks by writing, "local governments have few other options, and they
should be doing everything possible to cut expenses. This one's worth serious consideration."
Summary and Recommendation
Staff recommends that the City Commission confirm, by motion, direction to staff to schedule and conduct City Hall,
West Wing, selected Public Works and Utility administration operations on a 4-day schedule, Monday through Thursday,
7:00 AM to 6:00 PM effective June 8, 2008. This will allow employees to continue with their current child day care
schedules through the end of this schoo] year. It will also initiate the savings in the current budget year in which we are
facing a projected $5 million revenue decline.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ACTION ITEM #3 - Reopen Police and Fire Collective Barl!aininl! Al!reements
The City has four primary groups of collective bargaining agreements (CBA). These are Police, Fire, Blue Collar and
White Collar. In order to be able to modify wage provisions for employees bound by these agreements, it is necessary to
have supporting language in the respective CBA to do so. The City cannot unilaterally determine wages for any
employees covered by the referenced CBAs without negotiations.
Personnel services make up 77% or $54.5 million of the current FY 2008/09 budget and the CBAs contain scheduled
increases. As a result, it will become virtually impossible to recommend a budget for FY 2009/1 0 with a 0% increase
under the current provisions of the CBAs. As a result, we will likely need to modify wage provisions beginning with the
new budget effective October 1,2009, it is necessary to amend the respective CBAs.
Because both the Blue and While Collar collective bargaining agreements will expire September 30 of this calendar year,
there is no need to reopen these agreements because wage provisions will be subject to a new contract that will soon be
negotiated for term effective October 1.
All Police and Fire collective bargaining agreements have current expiration terms extending into either 20 I 0 or 2011.
Therefore, to modify wage provisions of these CBAs, it is necessary to reopen these agreements and City Commission
action is necessary to do so.
Staff wishes to point out that simply reopening the agreements does not imply that the wage provisions contained within
them will be modified. Rather, the alternative of not reopening the agreements would completely eliminate any possible
wage modification for these large employee groups.
Summary and Recommendation
According to the language in the three PBA (Police) contracts, the following procedure for must be followed:
ARTICLE 12 - RATE OF PAY PBA POLICE OFFICERS & DETECTIVES
Section 10. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which
will alter or affect the flow of revenue to the City during the term of this Agreement, the wage/rate of pay articles of
the Agreement may, at the written request of the City, be reopenedfor negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date the City
gives written notice to the P BA of the City's request to reopen negotiations. If an agreement is not reached within
forty-five (45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted
to the City Commission at the second City Commission meeting following the expiration of the forty-five (45) days.
The City and the PBA waive the appointment of a special magistrate to resolve the impasse issues in accordance
with the provisions of 447.403, Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen
at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases
will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not
result in a ratified agreement, as imposed by the City Commission through the impasse process.
ARTICLE 11- RATE OF PAY PBA POLICE SERGEANTS
Section 3. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which
will alter or affect the flow of revenue to the City during the term of this Agreement, the wage/rate of pay articles of
the Agreement may, at the written request of the City, be reopenedfor negotiations.
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Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date the City
gives written notice to the P BA of the City's request to reopen negotiations. If an agreement is not reached within
forty-five (45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted
to the City Commission at the second City Commission meeting following the expiration of the forty-five (45) days.
The City and the PBA waive the appointment of a special magistrate to resolve the impasse issues in accordance
with the provisions of 447.403, Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining unit members will be frozen
at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases
will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not
result in a ratified agreement, as imposed by the City Commission through the impasse process.
ARTICLE 12 - RATE OF PAY PBA POLICE LIEUTENANTS
Section 3. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which
will alter or affect the flow of revenue to the City during the term of this Agreement, the wage/rate of pay articles of
the Agreement may, at the written request of the City, be reopenedfor negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date the City
gives written notice to the P BA of the City's request to reopen negotiations. If an agreement is not reached within
forty-five (45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted
to the City Commission at the second City Commission meeting following the expiration of the forty-five (45) days.
The City and the PBA waive the appointment of a special magistrate to resolve the impasse issues in accordance
with the provisions of 447.403, Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen
at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases
will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not
result in a ratified agreement, as imposed by the City Commission through the impasse process.
The qualifying event to reopen discussions has occurred. This was the passage of the property tax cap referendum in
January 2008.
According to the language in the IAFF (Fire) contract, the following procedure must be followed:
IAFF CONTRACT - ARTICLE 14 - WAGES
In the event of State Legislative enactment that significantly impacts the economic revenue of the City of Boynton
Beach or a City budget proposal in which the City is presented with economic hardship during the final two years of
this contract (October 1, 2009 through September 30, 2011), and provides documentation to the union addressing
the possible elimination of currently employed bargaining unit positions, this section may, at the written request of
the City, be reopened for negotiation. The City will provide a minimum of thirty (30) days notice if it intends to
exercise its right to reopen this section for negotiation. Section 2B becomes null and void on September 30, 2011.
The qualifying event to reopen discussions has occurred. This was the passage of the property tax cap referendum in
January 2008 and the preliminary budget discussion on March] 7, 2009 showing a possible General Fund deficit in the
FY 2009-20]0.
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ACTION ITEM #4 - Evaluation of Existine Pension Plan Contribution Levels and Structure
Public employee pension plans have had an increasing impact on the operating expenses of cities all across the country.
Public employers are among a diminishing group to offer defined benefit pensions to its employees. Historically, the
defined benefit pension plan has been offered to public employees as way to attract and retain quality employees. A
defined benefit pension plan is where the benefit (B) is fixed and depending on plan investment income (I) contributions
(C) from employees and the City must make up the difference to meet the benefit. (C + I = B)
Public employees have seldom been paid at levels equal to their professional counterparts in the private sector and
pensions have been one way to compensate the difference. Public employees, particularly those long-term employees,
yalue these plans very much and have invested much of their careers in them. Employees have planned their futures and
retirement around these plans and have expected that their retirement funds will be there for them upon retirement.
However, defined benefit plans are becoming increasingly costly to the taxpayer and the employee because both parties
contribute to the funds that support them. This is particularly true with respect to Police and Fire pension plans where
employees can retire with fewer years of service and much earlier in life than their counterparts in general government
operations.
A number of public agencies have moved away from defined benefit pension systems to a defined contribution pension
plan. A defined contribution system is where contributions (C) from employees and the City are fixed and benefits (B)
vary according to fluctuating plan investment income (I). (C + I = B)
The Budget Team does not propose or endorse any modification to the existing pension plans that fails to honor past
commitments to employees and their families. However, the Budget Team fully endorses research that will (a) evaluate
the level of employee vs. City contribution levels of existing defined benefit plans and (b) move our City towards a
defined contribution pension plan for new employees in all employment groups, including Police and Fire. This action
will be a foundation of cost reduction for the years to come. In addition, short-term, the contribution by employees into
the current defined benefit pension system needs to be reviewed with a possible three-year increase to help cover pension
fund deficits.
The current employee contributions are:
. 7% - General Employee Pension Fund
. 8% - Police Pension Fund
. 12% - Fire Pension Fund
Finally, structural changes to assumed rate of return and other pension factors should be reviewed. The City Commission
may make changes to the pension funds by Ordinance. However, the employee participation amounts may be subject to
collective bargaining.
Summary and Recommendation
Staff recommends that the City Commission confirm, by motion, direction to staff to research (a) defined contribution
pension plans for all employee groups, (b) modification of employee contributions and (c) other structural changes in the
pension system. Staff further recommends that resolution of this matter be achieved and if so warranted, a new defined
contribution pension plan for all newly hired employees be enacted by Ordinance for new employees by October 1,2009.
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ACTION ITEM #5 - Early Employee Buyout
A voluntary Early Retirement Incentive Program (ERIP) could reduce future personnel costs by offering higher
compensated employees an economic incentive to retire early and 1) replace said employees with lower compensated
employees, 2) defer replacement of retired employees for a specified period of time, or 3) facilitate adjustments within
respective work divisions based on job function analysis to determine if employees need to be replaced or if other
employees can assume the responsibilities of those opting for the ERIP.
Seyeral formulas are being considered that may make this effort worthwhile, that is, to provide sufficient incentive to
entice those either close to, or eligible for early or normal retirement, to participate. There are over 70 current employees
(as of January 29th) who are either eligible for retirement or currently in the Deferred Retirement Option Program
(DROP). The accepted formula will need to strike a balance between having too few employees participate and
establishing incentives that will not significantly impact the financial bottom line, that is, unreasonably expensive for the
city. To this end, it is imperative that this ERIP be structured differently than those provided between 1997 and 2002 in
order to provide sufficient budgetary relief.
An ERIP plan, including at least three options and delineating the financial impacts, will be ready for Commission review
by May 1,2009.
PROGRAM IMP ACT: The impact on City programs will depend on the actions recommended by staff and approved by the
City Commission for each of the forgoing Action Items.
FISCAL IMP ACT: Based on staff projections outlined at the March 17 Commission meeting, the potential FY 2009/1 0
General Fund budget deficit ranges from $10.5 million to $16.0 million depending on property value reductions and
alternative expenditure increases as shown in the table below.
Property Projected Genera] Fund Budget Deficit at
Value % Alternate Expenditure Increases
Reductions 0.00% 2.50% 5.00%
5.00% $(10.5 M $(12.3 M $(14.1) M
7.50% $(11.2 M $03.0 M $(14.8) M
10.00% $(11.9 M $(13.7 M $(16.0) M
While staff currently believes that the City will be facing the 10% property value and resulting revenue reduction, the Action
Item to prepare and recommend a 0% expenditure increase along with other Action Items reduces the projected deficit from
$16.0 million to $11.9 million
Savings will be quantified and presented to the City Commission in subsequent budget review sessions. We suggest that an
on-going balance sheet showing the expenditure/program cuts, replacement revenues and use of fund balances be prepared as
a way to identify and approve budget actions. However, until the legislative session is completed, we do not know if there
will be additional unfunded mandates or further revenue constraints approved by the Florida Legis]ature. Keep in mind, in
2007, the Florida Legislature enacted property tax rate limitation legislation in the middle of municipal and county budget
planning cycles.
ALTERNATIVES: This is in response to preliminary City Commission direction of March 17,2009.
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AGENDA ITEM REQUEST FORM
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panment Head's Signature
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Assistant to City Manager
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Department Name
City Attorney / Finance
Exhibits to Report:
Exhibit A: Summary of City Commission and Public Comments on Preliminary Budget Meeting of March 17, 2009
Exhibit B: Summary of Employee Suggestions Received as of March 26,2009
Exhibit C: Comparative Impact Matrix 4-Day Work Week
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Exhibit A
Preliminary Budget Discussion
3/17/09 City Commission Meeting
Commission Remarks
Commission invited employees/public to speak first:
Mike Osborne, Blue Collar Steward:
. City should look at car allowances for management - his wife had hers adjusted down -
that's what companies are doing
. Pay mileage instead of car allowance - could save a lot of money
. Have City employees wash cars - not use car wash across the street
. Listen to employees - they have ideas - but some are scared to say anything for fear of
retribution
Dan Scantlin, Resident - make FRS available to employees - consider/study migrating to FRS
Vice Mavor Rodri1!uez:
. Continue to ask for input from employees/staff
. Won't "sign off' on elimination of jobs
. Won't support the reduction of police or fire services
. Won't support an increase in millage rate
. Staff should research feasibility of de-authorizing the CRA and bringing activities of
CRA under auspices of City government for 2-3 years until economic climate improves -
potential savings of $8M-9M - existing CRA debt to be factored in as well
Commissioner Weiland:
. Furthest thing he wants to do is lay people off - but "we have a responsibility to the
residents of BB to 100k at where every single dollar is spent"
. We should 100k at every department; all of the programs and services they provide, # of
employees in the dept.; the responsibilities of each employee; employee salary and
employee tenure.
. Requested to know what amount of contingency (if any) is budgeted in each department
. Wants to review all line item expenses
. Should departments be re-structured?
. Recreation programming - do we need to do? i.e. arts/library programs
. Fire/Police Svcs. are "our #1 goal" - safety to citizens -last place to look, however, ALL
departments should be looked at to save money
. How can they reduce costs?
. Ex. Nautica Park - will cost $560K - do we need to spend that right now?
· Maybe we should hold on some of our CIP projects and not spend right now.
· Can we use Park Impact Funds to bal. budget - no, but can possibly borrow - must be
paid back
. Delray Bch. hired a law firm to review City operations and give opinion
. Should we increase beach decal and boat ramp decal fees?
. He invited employees to call or write him with ideas - maybe staff can place "boxes" in
each department for suggestions.
. Can't raise taxes - everyone is struggling
. Can't afford more taxes
. We should look at: freezing wages, 4 day work week, reducing car allowances
. Balancing the budget will require balancing many things
Commissioner Hav:
. Things he wants - not to have anyone lose their job, maintain our LOS, and not raise
taxes
. However, 77% of budget is personnel- can't ignore that
. Will not entertain idea of cutting the CRA
. Agrees with looking at saving money in departments - like Commissioner Weiland and
VM Rodriguez said
. Look at early retirement options
. Staff review SB 1482 - affecting retirement criteria - namely years of service and age -
may only effect FRS and City is not in FRS
. Don't want to layoff
. Early retirement
. Maybe adopt similar program like the FRS
Commissioner Ross:
. Thanks to Budget Team and Barry for making info. easy to understand
. No one wants layoffs - that will be a last resort
. Supports maintaining Police and Fire LOS
. We should look at Span of Control- commissioners too so they can study it and
understand it.
. Supports 4 day work week
. Supports salary freezes
. Referred to Osborne remarks that employees making less than $40K shouldn't get wage
freeze - said she understands where he comes from
. Need to look and "must haves and nice to haves"
. When we talk "furlough" of a program - what does it mean to the employee
. KB response - they'd be reassigned or leave, but if program is personnel intensive the
personnel costs may need to be reduced - that's what it may take - no more of "that's the
way we've always done it" - the "nice to haves" may need to go away.
. Ross - Obama Administration supports CRA and finds them appealing - redevelopment
. We should look at Red Light Camera program as a revenue source - may generate $IM
MavoT Tavlor:
. Look at wage freezes - see what it'll save if we did for one year
. Public Safety is "our #1 job" - public supports it and is willing to pay for it
. State has forced reductions in millage - maybe it's time to decide our own millage - he is
willing to increase up to 7.4 mil - which would raise $5M - public would probably
support b/c most of our budget is for public safety services
2
. Look at all properties we can sell- he'd like a vacant land inventory and inventory of
assets we can sell
. Open to 4 day work week
. Shopper Hopper - now we have the Trolley - wants ridership data - number of people
impacted - costs City over $200K a year
. "Strongly opposes doing away with CRA"
. Defined contribution for new employees - what would it save?
. They need some data to review on these items.
Vice Mavor Rodrif!uez:
. Reiterated that tax revenue going to CRA could go to City $8M-9M
. It would be irresponsible to ignore 100king into it.
. Possibly furlough CRA for a few years but budget money for redevelopment in the City
budget
. Let City Manager put the numbers together - to ignore would be irresponsible
. Offered motion to authorize City Mgr. and Attorney to research - Weiland seconded
motion for discussion '
Commissioner Weiland:
. Stated the Commission needs information to base their decisions on
. Suggested the Commission vote for it so staff can research feasibility
. Stated no motion should be necessary b/c they each deserve to have the information they
need to base their decisions on
. KB stated all information should be 100ked at - all savings should be identified - we
should look at all
Commissioner Ross:
. What about CRA employees - what would happen to them?
. She is 100% supportive of CRA - it would be "a shame to dismantle"
Commissioner Weiland:
. If you had a business with 900 employees and think you can do it with 700-800 -
wouldn't you look at it?
Vice Mavor Rodrif!uez:
. Removed his motion from the floor
BUDGET TEAM "TO DO" LIST
~ Determine cost savings of 4 day work week - including 36/38 hour work week
~ Analyze pension program - cost savings for defined benefit vs. defined contribution
~ Determine feasibility of Early Retirement Program
~ Review management package - review car allowances vs. mileage??
~ Determine feasibility of "de-authorizing" CRA - revenue gained vs. current debt load
~ Determine savings of wage freeze for all employees
3
~ Inventory alllandlassets that can be sold - estimated "one shot"
~ Reduce operating expenses in all departments
~ Review current program levels: - essential vs. discretionary - "must have vs. nice to
haves" - legacy programs i.e. Shopper Hopper
~ Review user fee programs - sustainability vs. fee increases - i.e. beach decalslboat ramp
decals
~ Review Span of Control in departments
~ Red Light Camera program - potential revenue source
4
Exhibit B
BUDGET HOTLINE CALLS - As of March 26, 2009
3/9/09 Daniel Spooner - Utilities, extension 6437 LORI RESPONDED 3/9/09
Utilities has 15 open positions and the City as a whole has approximately
100 open positions. Dan has suggested the City close these positions and
announce them as closed due to budget. Dan feels this would have a major
impact on our deficit projections. Department supervisors will have to devise
a way to operate without these positions. He would have to do it in Field
Operations and feel it's a good challenge and he is ready.
3/10/09 Anonymous
Vote for 36 hour work week.
3/11/09 Vicki Lloyd - Civic Center, extension 6240
Thank you for implementing Budget Hotline very grateful.
Votes for 36 hour work week
A 2% salary increase across the board this year if possible or next or wage freeze.
Take home vehicle policy revisited.
Revenues from Boat Club Park look at may we can rent out more.
3/11/09 Brenda Gibbs - Human Resources
Employees not currently paying for medical benefits should contribute $25 per
pay period.
3/11/09 - Jim Macintyre, Boynton Beach Fire Rescue
EARL Y RETIREMENT BUYOUT SUGGESTION
Elieibilitv - All employees who meet Normal or Early retirement requirements would be eligible.
Benefit to Emplovee - Additional 1 %, .75% or .5% to multiplier for each year of employee's
service, with a cap of 10% and one year of medical benefits. This would fairly reward employees
with different years of service.
Benefit to City of Bovnton Beach - It would include many more employees to be eligible for
early retirement. This would give the City more latitude to eliminate positions or hire less costly
employees with reduced or modified benefits (defined benefits vs. defined contributions, etc.).
This would result in immediate cost saving due to the creation of vacant positions. This would
allow the City to leave vacant certain positions, eliminate others or hire less costly employees at
its discretion.
3/11/09 Anonymous
Eliminating the high priced managers in Utilities which there are too many of.
3/11/09 Indra Sweeney - Development extension 6372 LORI RESPONDED 3/12/09
Article 1, Administrative Code of Ordinance 2-13. Suggests that if there are any
unencumbered or inappropriate funds left they be transferred to the General Fund
at the end of the year.
3/12/09 Les Sarkkinen - Utilities, extension 6476
In 20 years working he has seen Utilities grow in management from a Director and
two (2) Deputy Directors to now having to report to nine (9) supervisors whose jobs
were created in the last few years. Positions seem to be not needed.
Car allowance given to about 9-10 managers and when a supervisor has something
they need to be shown in the field the supervisors has to take them out. Thought car
allowance was for that purpose.
3/12/09 Fred Greenberg - Building, extension 6756 PAM RESPONED 3/12/09
He suggested a Grants Specialist position be created so they can research and obtain
grants.
3/12/09 Anonymous
AUI Infiltration & Inflow doing inspections on sewer lines for Utilities, feels that this
can be done with City employees since Utilities has the equipment to do this and it will
save the City a lot of money by doing it in house.
3/16/09 - Planning, extension 6258
Who can initiate review of any possible issue with the homestead exemptions?
Other cities have had reviews and found people who misreported or were
Ineligible but collected sizeable revenues.
2
3/16/09 - Yury Konnkov, extension 6395
Look into new federal dollars for flat roofs like the library and install
solar panels to greatly reduce energy expenses and be green.
3/16/09 - Building, Anonymous
Building has 3 Plan Reviewers and 3 Structural Inspectors. Feels Building should
layoff these people then hire back when needed.
Uniforms to be give only to Utilities and only people dealing with the public.
Revise evaluation worksheet, too much paper. Evaluation could be shorter.
4 day work week
3/17/09 Joe Ivy, 1000 Sw 28th Ave, Boynton Beach, 33426 BARRY ATWOOD
RESPONED 3/18/09
I know you must be scrambling to try and find a place to cut $10 million dollars. I have a
couple of suggestions:
My water bill comes every month along with a "high quality linen self addressed
envelope"-I don't know how many of these are mailed out on a monthly basis-but being
the finance guy you can find that number (I'd be curious) , multiply that by 12 and that
gives you a small number you can quickly eliminate from the budget. More and more of
these envelopes end up in the landfill as customers pay their bills on line, or in person.
Another suggestion would be to begin once a week garbage pick up-if an average family
generates more than that 44 gallon trash container in a week, they must be importing it.
The neighbors of mine that need more than one pick up a week-don't recycle...Not you
Jerry.
I am sure if you ask the citizens where to cut in the next water bill you may get some
better ideas than I came up with.
3
3/18/09 Wayne Bergman, Building, extension 6366 - LORI RESPONED 3/18/09
I'm not comfortable sending budget ideas to the Commission members privately, so I
thought I'd send my brief ideas to you for your review. I'm compelled to do this based
on last night's discussion. Please feel free to forward my ideas to the Commission
members, if you feel that is appropriate.
· Consider selling the sanitation department and water / sewer department. Start
with a study to determine values. Sale conditions to include guaranteeing City
workers would be employed at similar wage and benefits for 5 years and
guaranteeing property owners would be provided stable, affordable sanitation and
water / sewer charges for at least 5 years. Place the selling amount in a restricted
fund and transfer each year into the General Fund, as necessary.
· Consider selling the City cemetery. Start with a study to determine value. Place
the selling amount in a restricted fund and transfer each year into the General
Fund, as necessary.
· Capital spending freeze on all City projects until better economic times.
Oceanfront Park, Jaycee Park dock, Boat Club Park bathroom and pavilion
project, Congress Ave. Community Park, and the new Nautica / Meadows Park
design should be frozen at their current stage. I understand the funding of these
projects comes from CIP dollars, but I think it sends the right message to the
residents.
· Hiring freeze. Continue to eliminate vacant positions, including those in
management.
· Wage freeze. Then discontinue merit raises in the future. Limit any future salary
increase to COLA.
· All newly hired employees go into a defined contribution plan, with City
matching 5%. Maybe a 401(a) and 457 combo plan, with the City paying 5% into
401(a) and employee paying 5% into the 457 pIan.
· Eliminate the complex and time consuming employee evaluation process, which
consumes enormous time and detracts form other duties. As City staff attempt to
provide the same level of service with fewer employees, we should not be
spending 100's of man-hours absorbed with such a complicated and involved
evaluation process.
· Review car allowances for senior staff, especially if they do not use their car for
work-related business on a regular basis.
4
· Four day, 8 to 10 hour work day schedule and close City Hall one day a week,
resulting in electric savings, less wear on mechanical equipment, reduced carbon
footprint and a better quality of life for the majority of staff.
· Increase or add user fees throughout City departments, including the beach pass
program to at least break even each year.
· Consider privatizing certain City departments (or portions of departments) whose
services can easily be provided by outside consultants, on an as-needed basis - if
the out sourcing is more affordable. This could be accomplished by freezing
vacant positions, not hiring new staff and beginning to utilize outside firms to
provide certain services. The City would only pay for services it requires, not a
full wage with all payroll-related benefits.
· Make a decision on the future of City Hall and move forward, as opposed to
continue spending money on the current facility in upkeep and maintenance.
· Raise taxes, at least back to the level before the "boom".
· Public Art program??? Why??? Let's furlough this program until better
economic times return. I have heard developers state that they have passed on
recent projects in Boynton Beach due to the 1 % Public Arts fee.
· Aggressively solicit other municipalities to provide Building services to them,
either as a whole or by providing staff to supplement their operations.
· I would like to discuss 553.80, F.S., with you all and Quintus Greene, at your
convenience, regarding the advantages of establishing an enterprise fund for the
Building Division of Development and some ideas I have for a cost allocation
program for City-provided services.
· Eliminate the shopper hopper program.
· Begin "flattening" the size and scope of City government. Just my opinion, but
based upon serving as a Township Manager in P A for 7 years, and being in P A
government for 11 years, our City is extremely top heavy with senior
management. I'm not sure we need such a tight span of control in areas outside of
public safety.
Thanks for your time.
5
3/19/09 Joseph Green, Library, extension 6396
Salaries should be frozen at current level.
City should contact FPL to do an energy audit on all public buildings.
Look at number of days per week garbage is collected and possibly
go down to one day a week.
3/19/09
BUDGET QUESTIONS AND COMMENTS
Provided by: Paula Leblanc, Facilities Management, Ext. 6205
This is collaboration represents budget cut suggestions from various employees in the
Public Works Department; all employees that contributed with these suggestions are
requesting a response in writing regarding these suggestions.
Defer Replacement Vehicles for FY09110 and then transfer the $2,376,244 to the General
Fund.
Defer Pre-Funding for FY09/10 for all of the General Fund for an approximate savings of
$2,500,000.
Use old Police Squad Cars as vehicle replacements for staff cars and DNR (do not
replace) or pre-fund in the future years.
Eliminate longetivity bonuses or space them out from every five years to every ten years.
Defer all CIP projects that are not related to maintenance and transfer dollars to General
Fund.
Cell Phones: Who really needs them? Commissioners (why at all), Department Heads
(probably, but no email), Assistant Directors (maybe, but no email), Division Leaders and
Call-Back Employees (go to beepers at $2 per month verses approximately $40 per
month).
Travel: No Out-of-State Travel.. .no exceptions. Use Webinars when possible to save
fuel.
Recreation Programs: Do they pay for themselves and if not, at what percentage do they
pay for themselves? Must set a minimum percentage or eliminate. We can't continue to
meet the needs of a few.
Four - 10 hour Days: Change all administrative, non-shift, non-task staff including
recreational to Monday-Thursday or Tuesday-Friday from 6:3017am - 5:30/6pm. Try to
coordinate days and hours with other local municipalities. Might need to offer
before/aftercare for employees' children.
6
Reduce Paid Holidays. If most staff would go to a Tuesday-Friday schedule, this would
eliminate hundreds of dollars of holiday paid and still in many cases the employees
would have the holiday off especially considering that MLK, President's, Memorial, and
Labor Day are all on Mondays.
Code Enforcement: Do they get time to go to the gym in addition to their lunch? Why
do some of them ride two to a vehicle?
Uniforms: Eliminate sweatshirts, jackets, multiple style shirts (make uniform). Some
places only provide shirts and the employee is responsible to meet the dress code
including safety shoes on their own, but can use the expense as a tax deduction since they
are required.
City Consignment: Instead of taking items to the Surplus Store, could we do our own
consignment-type shop?
Vehicles (Take Home): Contractual employees with Take Home Vehicles to be
responsible for gas; insurance and maintenance to remain with the City for liability
purposes and to ensure proper maintenance. Police & Fire (and maybe even the
Contractual employees) with Take Home Vehicles to do a cost share. Limit the driving
distance for Take Vehicles.
Reduce vehicle washing at Main Street; use truck wash station at Public Works.
Do not give up 40 hour pay weeks; freeze raises instead. This would ensure that no
employee takes a cut in hours while shift workers are unaffected. Or cut 5% from every
single employee's pay from top to bottom including both shift and non-shift workers.
Eliminate Management Package Bonus Vacation Days.
Eliminate Quarterly Vacation Day Bonus.
Eliminate the contractual On-Hold Message and have in-house staff do the updates.
Review Organizational Charts for proper Span-of-Control; especially Utilities and Parks.
Move Streets Division under Utilities including the street sweeping function to help with
utility cut restoration and keeping debris out ofthe stormwater system; this would be a
savings to the General Fund and may be more appropriately placed due to need.
Did the Commission actually start receiving a pension last year? Why?
Eliminate Floor Mat Service.
7
Eliminate Annual Deep Cleaning of the Fire Stations (down from Semi-Annual Deep
Cleaning) from Facilities Management Budget. Have the Fire Department become solely
responsible for cleaning administrative/meeting areas at FS 1 & FS3. Have the Fire
Department become responsible for more basic maintenance at the fire houses.
3/20/09 Anonymous
Eliminate uniforms to employees who do not work with the public and
those that get uniforms should buy their own pants.
Eliminate gas allowance except for Field Inspectors.
Have departments share vehicles.
Eliminate and/or furlough programs such as Shopper Hopper, Public Art.
Excessive management in Utilities has worked with less in previous years.
Utilities has outside people doing work which could be done by Utilities such
as AUI, and Line Tech.
Take home vehicles for supervisors, directors, workers should be looked at.
No vehicles should be brought home unless on call and if you do bring a vehicle
home you should pay for the gas. It doesn't look good for city when you see s
supervisors with City vehicles at the pool supply store, or Publix.
Too many middle management personnel.
Freeze salaries.
All travel should be cut out unless inside county.
Early buyout if possible.
CRA bogus also top heavy.
8
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f" ....., , ,r-} n ,.. ''';:---:---.----.....---.........-... ,
1 ~"". f,~ -~ ..; '; , 'Q, ::'~ ..: t. r. il\~ I ~ !{'" i "
.. ....1,-. ! - __, l '- 0 '...t ...;<....1 ~ J 1\..1.:. J , '
Savings for City so employees would keep their job 1 r----------.---..l.. !
Here are my thoughts for saving money to help the city and keeping empIP.I. yee'~ positions. jl '.'
I : 600Z 0 Z tl'tVl I I
I , , ,
1. Freeze wages now - by freezing wages there would be no increas~s or ~romo_!~?~~ t~~~,.-J ! : "^' ;
keeping pay roll the same. I r;,'" ". ("', '_j I :. I
, I..." ....,. ." . _ ''.J 1
'"-..,-_....-~,-_..._.~.._.- -.. .._------.,~ !
2. No evaluation percentage increase in April- because we would rather have ajob and '.', ". ,/'!
work with what we have by not having the increase that was allocateihntIie"1~~~mrl~:.~'*:I..~-:.._j
there would be that money to help offset the deficit that is said to occur for this budget.
Allocation was made for money that would be given to employees for evaluation increase and
money was put aside for the matching taxes for this increase. Savings would be made in not
using the money for evaluations and the matching taxes thus giving the City money toward the
deficit.
3. If going to a 36 hour week each employee would forfeit 4 hours hourly pay - 8 hours per
pay check. Some people make over $35 an hour. Ifwe took an average of the 900 employees
including "upper management" , for example - average hourly would be say approx. $25 an hour
(this is calculated by estimating those that are making over $50 an hour to those that are making
approx. $12 an hour and dividing 900 employees into the amount).
$25 x 8 hrs per pay x 26 weeks = $5,200 x 900 employees = $468,000 which does not include
the matching taxes saved that the city has to pay on each person. This is just a scenario of what
could be saved which would be more when calculating the 8 hours, times hourly wage, for
each person whose hourly wages are different,
If a 9 hour working day which would be 10 hour days to include lunch (unless we go to ~
hour lunches than it would be 9.5 hrs, 4 day week, which would be 36 hours eliminating 4
hours a week from each person's pay would also save not only the hourly wage of each
person, the matching taxes, but also one day of expenses of not opening since the city would
be closed on the 5th day. I'm sure this would come close to 1 million.
4. If the shopper hopper or trolley cannot be a break even or some profit made by charging
for the service than perhaps it should be stopped. But I believe the people that depend on it
would be willing to pay what is needed to keep it by paying a fare. If figuring out the cost of
what is paid the driver, wear and tear on the vehicle, pIus expenses of it, than figuring out how
many people need to use the transportation to break even or make a profit, if you add all
expenses and divide by how many people need to use it to make it run that would be the cost of
the fare. In a business you don't keep running a piece of equipment if it is going to put you in
the hole and not break even or make a profit.
5. There are some areas that need to be policed such as the boat ramp launching. There
seems to be some people that are not paying their $10 for all boats but only for one if they are
launching more. It is not the people that work and check them in but others that tell them what
to do in handling it. It's not much but every cent counts.
6. If money is allocated for something that can be put on hold that is not a necessity than it
should and that money be used toward the budget until time we swing around and start the climb
back up.
.,.
Page 2
The economy is not going to stay the way it is but will turn around. It could be slow but it also
can be fast. There is no way to know but we should 100k at for growth time but should 100k at it
realistically anticipating a growth pattern to emerge slowly and hope we are wrong and it moves
faster.
This is just a few things I feel can help people hold their job. I know that I would rather have a
little less and keep my position than get something just to have my position go.
It would help the world and everyone if everything would be frozen at the prices things are now
without any increases rather it be wages, food, credit card finance charges, electric, water,
whatever. It was done many years back and it worked. By the same token the world didn't
know it was coming and had no chance of increasing things before it hit. One day you was
working at one salary and paying for things that cost that amount at that time and the following
day it was announced that as of midnight everything was frozen until things turned around. No
increases anywhere. It lasted about 2 years or so. People kept their jobs and money was spent a
little at a time and progress started to climb because no one was trying to be greedy because it
held those that would do something like that down.
Believe also if you gave departments so much money (being frugal) to operate their dept. they
would make do with what they get and be extremely tight and prioritize. I know some dept. need
more than others and there are some things that are a must but in regards to supplies, uniforms
for some dept., going to only those meetings that are necessary, etc. a little more can be saved.
This is for Finance, I've been waiting to see this happen but it hasn't. We get $8 for breakfast,
$12 for lunch, $20 for dinner. I know in some places that is not enough but as a rule there are
people and meetings places where you don't spend that much but still receive it. Ifreceipts are
given for the expense account for each meal there could be savings there. If you have to use the
$8, $12, or $20 and your receipt shows that you used say $15 for lunch you would still get the
$12 and the $3 would be on you but for the person(s) that eat lunch and the receipt says $9 we
have saved $3. In corporate receipts are asked for all the time.
That is my thoughts so far on finances and to help keep employees.
Exhibit C: 4/10 Schedule Analysis - Summary
City of Boynton Beach - Deve]opment Department/Sustainabi]ity Committee
Below is a summary of the preliminary research that was conducted regarding 4/10 schedules, Four local municipalities were contacted. Of those four, two provided feedback and one is not
currently on a 4/10 schedule, but merely considering.
~~t Contact HoQl'S.of DePartments l$Sue:Daycar. Issue: Union Issu.:HoIidays 1$S1ll!: Other NotIlS
.S'l~. ~tion ElCclud4il'd
CItVOf Pam Kershaw, HR Monday - Recreation & No unionized staff Closed on Customersl Exception made for flextime & telecommuting
COtOmtt Di rector Thursday Parks, Fire, members holidays; if falls delivery Customer satisfaction: 86% satisfactory response (1 yr.
cte4il'lt Ruth Rodriguez, 7:00am - non- on Sunday, then companies after)
Administrative 6:00pm Administrative closed Monday; still drop by Savings: employees using 20% less fuel for commuting:
Assistant, HR Pol ice staff if falls on Friday on Fridays no significant energy savings as they are open the same
# of hours
or Saturday, will (used to Sick Time: Average 22% decrease of unantidpated sick
not close but "traditional leave
give staff 8 hrs. hours"); Increased Morale: 95% of employees responded
vacation time number favorably to new schedule (1 yr. after)
(not 10) decreasing Telecommute: Some staff members work 8-9 hrslday
and telecommute the balance of hrs. Some employees
still work on Fridavs
<:ltVof George McNeil Monday - Fire, Police, Parents Hour Change: used Closed on Announcement: Publicity began in April 08 that 4/10
~t. gmcneil@margate Thursday Rec & Parks, wlchildren in manager's right to holidays; If schedule would be effective 10/1/08
954-956-7741 8:00am - Utilities daycare, 2nd revise work schedule holidays fall on
6:00pm jobs; gave Lunch: 112 hr lunch & a Friday, give 4/10 schedule was a directive from City Commission
plenty of two 15-min breaks - staff personal Savings: Saved on uniform cost, hardware costs,
(open 1 hr, notice - staff can't combine); concern Holiday (Sat., productivity gain, VMT (veh. Miles travelled), and
earlier and 1 hr. on own to wI employees working Sun.) extended hours
later; used to make 10 hrs in the sun (Rec &
be 9-5 based on arrangements Parks not part)
1979 reso) Non-Union: can
combine lunch & breaks
outside 1 st and last 2
hrs of shift for child
care pick up
..~.'. Mayda Pineda, Monday - Admin PD on Complaints at PD only is union; does Closed like Staff hesitant at first (too early, long day) but got
Assistant, CM's Office Thursday 4/10; museum, first - not own Fire Dept (uses normal; if used to it - happy now; residents happy they can
7:00am - library open M- personnel (@ County); holiday falls on come in earlier (water bills, City Clerk's office,
6:00pm F; Parks admin. CM direction) Friday, then no beforel after work hours)
office closed, arranged time personal time;
but staff M-F slots; Directors if holiday falls Adopted by resolution on 9/1/08 (proposed by
handled on Saturday, no Mayor with Council support): "Pilot" program in
specific time off summer - staff could volunteer for 4/10 (could
schedules choose Monday or Friday off);
CIDocumenlS and SettingslwelshplLocal SettmgslTemponu)' Internet FIleslOLKIIExhibitC4dayweeksynop (2) doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM F
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) 0 February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) k8J April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations k8J City Manager's Report
NA TURE 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: Review draft RFP for City Hall and Police Facility(ies). Provide direction to staff on how to
proceed.
EXPLANATION: At the February 17, 2009 City Commission meeting, staff was directed to prepare a draft Request for
Proposal to accomplish meeting Police Department space needs and City Hall operational space needs. The draft RFP will
provide the City with:
1. Proposals for a stand-alone Police Facility, City Hall or both. This can be on city owned property or elsewhere.
2. Proposals for Police functions to be provided as part of an office building.
3. Proposals for General Government functions to be provided as part of an office building.
4. Parking for all options including
5. Funding for, or refurbishment, of the Old High School property.
PROGRAM IMPACT: The estimated cost of a stand-alone Police facility including a parking structure, exclusive of land
costs is $28-$31M. The City has planned an 80,000 sq. ft. stand-alone Police facility on property the City purchased in 2003
at the SE corner of Gateway and Highridge. This is adjacent to Fire Station #5, which is to be complete in July 2009. This
planning effort is a way to determine if there is a viable alternative to constructing this facility. However, the staff is also
pursuing Federal stimulus funds for the 80,000 sq. ft. Police facility at GatewayfHighridge in an effort to bring the cost of the
Police facility down to a range of$21-$23M.
FISCAL IMP ACT: Funds are appropriated and funds will be available upon issuance of bonds for the Police facility at a
cost point of about $28M however this project is an effort to see if the City can deliver a Police facility at a lower cost. There
are no current funds budgeted for a relocation or replacement of City Hall. Funding for this portion of the project would have
to come from proceeds of the sale of the City HalllPolice facility property, a referendum bond issue or other financial vehicle.
AL TERNA TlVES: 1. Proceed with the Police facility only at this time. 2. Hold both projects until the economy
moderates with the recognition that bid prices will also escalate with a delay.
S:\BULLET\N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
~~
City Manager's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
Exhibits to Report:
Draft RFP Document
Excerpts of City Commission Minutes from February 17,2009
Aerial of City Hall Complex and Surrounding Area
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City of Boynton Beach
Draft Request for Proposals
Police and City Hall Facilities.
Purpose and Overview
The City of Boynton Beach is evaluating a variety of options related to the provision of
office space necessary to provide both Police and General Government services to our
community of 65,000 people. This Request for Proposals is intended to solicit proposals
from the private development community that may satisfy the City's need for space in
general. It is the intent of the City to consider any and all proposals to provide the
referenced space. Creativity by proposers is encouraged. Proposals need not contemplate
only traditional "stand alone" governmental buildings. Rather, all available means and
resources that can provide the necessary office space and supporting elements will be
seriously considered. Space for these services can be provided at any 10cation within the
Boynton Beach municipal boundaries.
History
The City of Boynton Beach, "The Gateway to the Gulf Stream," is a coastal city located
in a rapidly growing area of Palm Beach County. Major Nathan S. Boynton, a native of
Michigan who distinguished himself in the Civil War, founded the city, which has a
current population of over 65,000.
Boynton directed the construction of the Boynton Beach Hotel from 1895 to 1897. He
and his workmen, recruited from Michigan, brought their families and settled in the new
town of Boynton. With other settlers, the early years of our city were spent building a
town, raising vegetables to supply their needs and those of the guests at the Boynton
Beach Hotel and shipping pineapples, tomatoes and other cash crops north on Henry
Flagler's new Florida East Coast Railroad. Today, the city attracts a multitude of business
and industry and people of all ages and interests.
Boynton Beach Today
Residents and business owners in Boynton Beach are served by a City government that
provides a variety of services. From necessities such as water and sewer, garbage and
trash pickup, police and fire protection and code compliance, to amenities such as golf,
tennis, library services, and oceanfront and special events, the City's elected officials and
employees are dedicated to making Boynton Beach a great city in which to live, work,
play and learn. Boynton Beach is a community of rich history east ofI-95 and has an
existing Downtown Master Plan published by the Boynton Beach Community
Redevelopment Agency. Exciting growth has also occurred in the last five years west of
1-95, particularly along the Congress Avenue corridor. The report can be downloaded or
viewed at this location: http://www.boyntonbeachcra.com/downloads/FINAL DMP 1-
15-09.pdf
1
Our City's Form of Government
The City of Boynton Beach has a Commission-City Manager form of government.
Residents elect the Mayor and City Commissioners, who in turn appoint a City Manager
to manage the day-to-day operation of the City and to carry out Commission policy. The
City Manager directs the operation of departments that provide City residents with
services and programs. For additional information about our City government, please
visit our web page at http://www.bovnton-beach.org/.
Our Municipal Boundaries
The City is generally bordered by the Intracoastal Waterway to the east, Hypoluxo Road
to the north, Gulfstream Boulevard to the south and Lawrence Road to the West. Any
space provided for in the respondents proposal must be provided within the City's
corporate limits. A City map is attached for reference as Exhibit 1.
Proposal Guidelines
All proposals submitted shall consider the following minimum requirements. Failure to
adequately account for these needs in their entirety shall be cause for rejection of the
proposal.
Space Allocation
Each proposal must clearly identify that total physical space requirements can be
accommodated for the Police Facility, City Hall, or both in combination. It is understood
by the City that space can be accommodated in three primary ways. First, a traditional
stand-alone structure(s) can be built to provide for department needs. These types of
structures must comply with all facets of the City's Land Development Regulations
including parking. Secondly, existing vacant, single occupancy, structures can be
modified to provide the necessary space, assuming all provisions of the Land
Development Regulations are complied with. Third, existing multi-tenant uses may be
possibly adapted to provide for the space as specified herein. Lastly, the City wishes to
emphasize that the respondent's proposal is not limited to the three referenced
approaches. It is entirely possible that other types of spaces may be adapted to City use.
Therefore, all creative solutions that are in the interest of the community will be
considered. The City's Land Development Regulations may be found online at
http://www.amlegal.com/nxtl gatewa v .dll/Florida/bovnton/bovntonbeachflori dacodeoford
inances ?f=tem plates$fn=default.htm$3. O$vid=amlegal: boyntonbeach fl
The City recognizes that not all space is created equal. For example, through an
architectural space analysis, the City learned that approximately 81,000 SF of office
space is required to support Police functions in a stand-alone building. This space
includes all common area lobbies, corridors, mechanical rooms and other support areas.
2
Also through space analysis, the City learned that approximately 20,000 SF ofthe 81,000
SF of space was considered common area space, thereby leaving a theoretical 61,000 SF
of space actually occupied by Police Administrative staff. This space was supplemented
by another 5,000 SF of space for Sallie Port and prisoner processing needs. City Hall can
be treated in a similar manner. However, the space allocated to common areas is
somewhat less. Therefore, it is assumed that general government office space needs
comprises approximately 61,000 SF, of which 10,000 SF is considered common area.
Required Office Space
In a stand-alone building the space needs are summarized as follows:
Police (inclusive of common area and Sallie Port/prisoner processing) 81,000 sq.ft.
General Government - 61,000 sq.ft.
In an office building with shared space the needs are less as it is assumed that common
area would be provided:
Police - 61,000 sq. ft plus 5,000 sq.ft. Sallie Port/prisoner processing or 66,000 sq. ft.
General Government - 51,000 sq. ft
From the foregoing, it is assumed that, by sharing parking and common areas, certain
economies can be achieved by a combined facility. Moreover, proposals that share
common area with a mix of other, non-municipal uses will also be considered.
In both scenarios, the proposer shall describe the proposed level of interior and exterior
finish. It is assumed that interior furnishings will be provided by the City.
Parking Needs
It is critical that sufficient parking be accommodated and discussed in the proposal. As
noted, parking provided for a stand-alone structure shall, at minimum, comply with the
City's Land Development Regulations. However, the City will consider shared parking
approaches for those structures proposed to be modified for City occupancy. The
following parking requirements are absolute minimums and failure to accommodate these
minimums will be cause for rejection of the proposal. The City reserves the right to re-
evaluate its parking needs at any time.
City Hall/ General Government
Police Functions
175 spaces
100 spaces
Because both the police and general governmental services require convenient parking
for the public, the parking needs must also provide a strategy on how a minimum of 50
publically accessible spaces will be provided for general governmental services and 40
publically assessable spaces will be provided for Police functions.
3
Growth
All proposers shall include discussion specific to growth in City operations. As our City
continues to become more populated, or as our municipal borders expand, it will be
necessary to increase staff, particularly for general government services. Whereas the
specified space needs for Police functions considers reasonable future growth, the space
allocated to general government does not. It is anticipated that space for general
government operations could expand to 80,000 SF within the next 20 years. Therefore,
the proposal shall identify how the need for this additional general government
operational space will be accommodated in the future. It is preferable that this future
space be contiguous to any space provided and/or constructed in the initial term.
Growth in parking demand shall be considered as well. Therefore the proposer shall
identify how many parking spaces will be available for the referenced future growth of
general government operations. Although growth in Police operations will not necessarily
demand more office space, the addition of new Police officers in the future will require
additional parking for staff vehicles (as many as 75). An additional 50 parking spaces
could be required for City Hall growth. Proposer shall describe any space that may be
available for other support vehicles such as boats, trailers, etc.
Costs and Financing
As discussed herein, the City is desirous of identifying the many ways that space can be
provided for both Police and General Government operation. Once again, creativity by
the proposer is encouraged. However, equally as important to the physical space is the
cost of that space to the taxpayer. The City recognizes that space can be purchased,
leased, rented and numerous lease to own options are available. To that end, the City
requires the proposer to identify recommended financing options for the space proposed.
The proposal shall clearly identify costs for:
A. Police Facility, and/or
B. General Government Facility, and/or
C. Combined Police and General Government Facility
Existing City Hall / Police Complex
Space for Police and general government functions is currently provided at the municipal
complex at 100 E. Boynton Beach Boulevard. Proposers may consider maintaining the
required spaces on the existing municipal campus in the area generally bounded by
Boynton Beach Boulevard, Seacrest Boulevard, SE 2nd A venue and NE 1 st Street. The
City will consider abandonment of rights of way.
Should proposers consider maintaining City services at the existing campus, the proposal
must specifically identify the status/future of Fire Station #1, Kids Kingdom, Children's
Schoolhouse Museum and the old High School.
4
Should proposers consider relocation of City services from the existing complex, the City
will have excess property that can either be sold or redeveloped. Therefore, the City will
entertain proposals that contemplate either an offer to purchase the existing City
properties or redevelopment of same. The Children's Museum, and necessary parking
must remain under the auspices of the City. However, the City will entertain alternative
uses or sale ofthe old high school property. The Old High School is discussed in the
next section below. An aerial photo of the City HallIPolice/Old High School/Library area
is attached as an exhibit.
Old High School
The City Commission has indicated that the City will award additional points for a
proposal for reuse of the existing City HallIPolice Complex that either provides funding
or executes a refurbishment strategy for the Old High School property located west of the
Children's Schoolhouse Museum at the NE corner of Ocean and Seacrest.
Sustainable Construction
The City of Boynton Beach is committed to providing the construction of energy-
efficient and sustainable buildings. The City's leadership in promoting these standards is
vital to demonstrate the City's commitment to energy conservation, saving taxpayers
money and raising public awareness of energy rating systems.
Any proposal involving new construction, major renovations to existing buildings, or
tenant improvements to existing buildings shall, through design and construction, meet
the United States Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED) rating system, the Green Building Initiative's Green
Globes rating system, the Florida Green Building Coalition standards, or a nationally
recognized, high-performance green building rating system as approved by the
Department of Management Services.
Cost Estimates
Proposals shall clearly define preliminary cost estimates for proposed services. Cost
estimates shall include all costs to the City, including but not limited to, property
acquisition or lease cost, estimated common area maintenance expense, and any other
expenses to the City. Proposals shall include payment for any proposed purchase of the
existing City properties or costs for the re-use of the old high school if so proposed.
Evaluation of Proposals
The City expects to receive a wide variety of proposals that will accommodate our need
for support spaces required to administer Police and general government services. No
two proposals will be the same. Furthermore, some proposals may contemplate either the
5
sale or re-use of the remaining City property and buildings (old high school and Kid's
Kingdom).
City staff will select three proposals deemed to be the most responsive and those
respondents will be required to present their proposal to the City Commission in a public
forum. The City Commission may choose to further negotiate any proposal it deems to
be in the best interest of the public.
Resources or Reports Referenced:
City of Boynton Beach Web Page - Resources include public documents and planning
reports:
http://www.bovnton-
beach. org/ government/ departments/public aflairs/publications/index.html
Boynton Beach CRA Web Page - Resources include public documents and planning
reports:
http://vlr'WW.boyntonbeachcra.com/plans. php
Boynton Beach Downtown Redevelopment PIan:
http://www.boyntonbeachcra.com/downloads/FINAL DMP 1-15-09.pdf
City of Boynton Beach, Land Development Regulations:
http://v,,,vw.amlegal.com/nxt/ gateway .dll/FI orida/boynton/boyntonbeachfl oridacodeoford
inances ?f=templates$fn=default.htm$3. O$vid=amlegal: boyntonbeach fl
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
fasteners for the City to install. He asked that the dock not be taken away from his property.
Mr. Hemingway was willing to execute any type of hold harmless agreement the City may
require.
Mrs. Melley countered that Mr. Hemingway's predecessor had a lease agreement with the City
to use the dock that was not continued by the Hemingways after purchase.
Vice Mayor Rodriguez expressed his concern that the sea wall is owned and maintained by the
City and yet the citizens have no benefit or access to waterfront property. He did feel the
property east of the sea wall should be abandoned. Commissioner Hay agreed with the
abandonment, but was not in favor of tearing down the dock. Commissioner Weiland
confirmed the sea wall was needed whether or not citizens had access to the area, so the lift
station could be maintained.
Mayor Taylor declared there was consensus to abandon the property east of the sea wall.
Mr. Piazza suggested that once the abandonment is granted, the property reverts to Mr.
Constantine and the Homeowners Association. The City could be granted access to the dock to
maintain the sea wall from the easterly side by using the dock.
Motion
Vice Mayor Rodriguez offered a motion to ask legal counsel to discuss indemnification and hold
harmless agreements with the two individuals involved and bring it back to the Commission for
approval. Commissioner Weiland seconded the motion. The motion passed unanimously.
A. Follow-up report on possible relocation of City Offices
Mr. Bressner reported that in December 2008 the City had been approached by Compson &
Associates regarding saving money on the new police facility and the price point. The planned
80,000 square foot building with a parking deck attached had an estimated cost of $31 million
with a price point of $350 to $400 a square foot. The savings suggested by Compson related to
the use of an existing office building with a price point of $200 a square foot for the purchase
of the area, plus about $40 a square foot for refurbishment.
Further discussion evolved regarding a more comprehensive proposal. Based on the direction
of the Commission to include in any land swap discussion, the potential refurbishment of the
Old High School and redevelopment effort, Mayor Taylor recused himself from the talks and
staff only continued.
Staff has been assessing space needs for both the Police Department and City Hall office for
many years. A 2003 space need study estimated the City would need approximately 60,500
square feet for City functions only and 81,000 square feet for police operations. The current
structure for both the Police Department and City Hall has 65,000 square feet total.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Alternatives discussed revealed moving into an existing building would achieve some economies
due to spatial relations reducing Police functions to 61,000 square feet and City functions to
50,000. Only 243 employees would be impacted and 81 of those would be moving anyway if
the stand-alone structure on High Ridge and Gateway was built, resulting in a net impact on
only 162 employees. Six options were offered for consideration that would meet the goal of
safe, efficient operation of space needs for the Police Department, relocate City functions into a
safer building from hurricane damage, retain a fire station in the downtown area, provide
workforce housing and provide funding for the refurbishment of the Old High School. The cost
is competitive with the stand-alone structure for the Police Department only. The density would
be 316 units that staff could support and would cost approximately $30 million, generating $8
million for the refurbishment of the Old High School. If the Commission elects to fund a portion
of the Old High School project with $4 million, the price point is reduced to $26 million. The
current City Hall campus is approximately 18 acres.
Vice Mayor Rodriguez clarified the cost of $31 million for the police facility was not gained from
a developer, but rather a consultant, based on October 2008 prices.
Option one was the land swap and included refurbishment of the Old School with four models
based on four density options. The proposal submitted included four density options because a
higher density would increase the value of the City Hall property. Staff could accept the 316
units for density. Legally, land swaps are permitted under the Code or an RFP can be directed
for a land swap. The rules would change if the project is separated rather than a package.
Option two is the same, only $8 million less, and reduces the price point. It does not fulfill the
direction the Commission had previously given. The preliminary site plan had a range of units
from 196 to 396 units with four to seven-story buildings that would not encroach on the Old
High School property. The monies that would be generated would be dedicated to the
refurbishment of the Old High School. The developer would not be a part of the restoration
efforts.
Option three involves splitting the proposals and look only at moving the Police facility to the
existing structure. The cost, based on a space need of 61,600 square feet would also have to
include the cost of upgrades for the current City Hall facility including compliance with ADA
standards, a sprinkler system, roof repairs and other required upgrades, totaling approximately
$20 million. Legally, an RFP for developers could be directed.
Option four provides funds for the Old High School at either $4 million or $8 million to be added
into the cost of the proposal. Fire station #4 would remain at a cost of $24 million or $28
million.
Option five would proceed with the construction of the previous planned structure at a cost of
$31 million, based on October 2008 building costs, and included refurbishment of the current
facility for $4 million. No workforce housing would be constructed nor restoration of the Old
High School. Fire station #1 would remain at the present location.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Option six would be postponing construction of the Police facility and deferring action on the
relocation of City Hall and doing nothing with the Old High School. The cost would be zero with
pending repairs to the current City Hall of a minimum of $3 million within the next three years.
The four possibilities are to proceed with the negotiation for a land swap and workforce housing
on the City Hall parcel, allow the proposals to sit for 30 to 45 days for additional review,
authorize staff to seek alternative proposals for either the entire package or portions thereof, or
maintain the status quo and proceed with the Police facility.
Commissioner Weiland questioned the loss of tax revenue if the City Hall or Police facility would
occupy the current, privately owned property, plus workforce housing taxes at the current site
would go to the Community Redevelopment Agency rather than the City tax base. Mr. Bressner
estimated approximately $250,000 would be lost. Commissioner Weiland also inquired about
maintenance expenses in the future, if the City owned part of a building. Mr. Bressner would
provide that information if the offer were authorized to be further negotiated. Common area
maintenance costs could be factored in, offset by the maintenance at the current location. A
definitive policy decision needed to be made first.
Vice Mayor Rodriguez inquired if there were any financial considerations from the Community
Redevelopment Agency that were not included. Mr. Bressner advised there was no contribution
from the Community Redevelopment Agency. The development of workforce housing could
include some subsidized dollars from the Community Redevelopment Agency.
Vice Mayor Rodriguez thanked Compson & Associates for bringing the proposal before the
Commission. There was no disagreement that a new Police facility was needed and property
was purchased at the corner of Gateway Boulevard and High Ridge Road for that purpose. He
speculated that the cost estimate would be much lower if an RFP was issued and developers
submitted their proposals. The Downtown Master Plan had been approved by the Community
Redevelopment Agency and the City of Boynton Beach that included the City Hall at the current
location within the downtown area. Vice Mayor Rodriguez reiterated his position that more
affordable housing was not needed. He contended the proposal was tainted by discussions
between the developer and Mayor Taylor. The City Manager also continued negotiations with
the developer without permission of the Commission. It was Vice Mayor Rodriguez's contention
that other developers should be given the opportunity to bid on the project with separate bids
for the Police facility and City Hall. He was not sure money should be spent on a new City Hall
with the current economic environment and he felt it should remain in the downtown area.
Commissioner Weiland voiced his appreciation to Compson & Associates for the proposal.
Economically it was good to consolidate into one site for less and provide affordable housing.
The Quantum Group also advised they had land available for a new facility. All options should
be considered.
Commissioner Hay indicated the proposal was very attractive, but was undecided about moving
City Hall. There has been a shift in the City along the Congress Avenue corridor. He agreed
the Police facility moving west was appropriate, but was not convinced City Hall should be
moved west of 1-95. In all fairness, it would behoove the Commission to solicit as many
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
proposals as possible before making a decision. He noted the proposal essentially moves City
Hall at little or no cost and relocates the Police facility for less than the cost of the new building
alone. However, the Downtown Master Plan needs to be considered. Traditionally, a City Hall
generates a flow of people and business to an area and he did not want to remove that element
from the downtown area. Commissioner Hay wanted further negotiations to cease until other
opportunities and proposals could be received and reviewed.
Commissioner Ross repeated the fact only 161 employees would be relocated. She appreciated
staff's work on the alternatives and available options. Commissioner Ross was particularly
interested in providing and focusing on a new Police facility and, at a later date, looking into the
City Hall situation, due to the economy.
Mayor Taylor explained his contact with Mr. Comparato last December and that it was his job as
Mayor to talk to developers and, in fact, had three other developers contact him with ideas. All
developers need to have time to prepare their proposals before information is released to the
public and media, so fair comparisons can be made. He was offended by the accusation the
proposal was tainted, because most developers speak to the Mayor before submitting any
proposal.
Mayor Taylor also disagreed with the comment that all housing was affordable. Salary levels
dictated affordability and not necessarily real estate availability. It was the responsibility of
government to assist those to attain home ownership, regardless of their salary levels. He
recognized that change is difficult; however, economics may have to prevail and should be
considered. He agreed an RFP was appropriate to get the best deal. He cautioned the
inclusion of the Old High School project had to be consistently applied to all proposals, if it is
part of the development plan.
Commissioner Hay noted a plan for the refurbishment of the Old High School had never been
submitted by anyone. He wanted it refurbished, only if it would be self-sustained. A satellite
City Hall on the east side of I-95 was also a concern of Commissioner Hay. Many questions
remain unanswered until more alternatives are considered.
Commissioner Ross noted there was a distinction between workforce housing and affordable
housing that should be clarified. Quintus Greene, Development Director, defined workforce
housing as a dwelling to be sold or leased to an individual or family that is income qualified, in
which the rent and mortgage payment, including principal, interest, taxes, insurance and
homeowner association fees does not exceed 35% of the gross income of households that are
classified as low or moderate income households. In State statutes workforce housing means
affordable to natural persons or families whose total annual household incomes do not exceed
140% of the area median income adjusted for size. The area median income in Palm Beach
County is $66,000. Commissioner Ross pointed out affordable housing is a different category.
James Comparato, Compson & Associates, agreed an RFP was exactly how the issue should
be approached and he withdrew his suggestion and would present it as an RFP. In his mind,
the proposal submitted was economically viable for the City and done with the best of
intentions. It is now politically charged and he understood the respective positions of the
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Commission. He strongly believed his proposal was economically sound for all parties and would
prove so in the RFP process as well.
Brian Edwards, 629 NE 9th Avenue, expressed his opinion that the comments of Vice Mayor
Rodriguez were very negative and non-productive, especially in light of the fact the Vice Mayor
had initiated the concept that any discussions include saving the Old High School. Mr. Edwards
commended the Commission for wanting to use the RFP process, but he reminded everyone the
word plan means changes can be made if it is better for the City. He stressed the negativity
was unnecessary and perhaps tainted the remarks of the maker. It was an honest proposal,
made at a public meeting with several options. Saving the Old High School will have to be a
public/private venture similar to the Children's Museum.
Jim Lynch, 610 Horizons East, President of the Sterling Village Association, President of the
Boynton Intercoastal Group and represented 4,800 taxpayers, voiced concern about changing
the flavor of the downtown area by moving City Hall and building more affordable housing
units. He agreed with building a new Police station, but argued City Hall should remain in the
downtown area. Mr. Lynch contended the taxpayers should not be saddled with paying for an
unnecessary move and the projects started should be finished first. Needless and unnecessary
progress was not wanted. Mr. Lynch felt both negative and positive remarks should be heard.
Victor Norfus, 261 N. Palm Drive, addressed the fact that the Old High School could be a
multi-use facility and include more office space for City Hall employees and activities. It does
not have to be purely historical in nature. Mr. Norfus did not believe moving City Hall would
improve the area and could deter progress toward a downtown area.
Victoria Castello, 406 S. Seacrest, agreed with Mr. Norfus that the Old High School should be
refurbished and City Hall remain downtown. She was concerned about additional traffic flow
issues with more housing units in the area. The reasoning did not support the proposal and the
heart of any City should be around the City Hall.
Lisa Bright, Community Redevelopment Agency Director, recalled over her four years with the
Community Redevelopment Agency and the RFP going out for a Downtown Master Plan, there
had been proposals to build a new City Hall as a part of Bicentennial Park, another to build
across Sea crest Boulevard and another proposal for a new City Hall as part of the Ocean One
project. There were also discussions about building a new City Hall at the Arches location along
Federal Highway and Ocean Avenue. The current City Hall site is attractive because the largest
employer is Bethesda Hospital and 35,000 cars a day pass through the intersection of Boynton
Beach Boulevard to get to 1-95. Retail will not come to the downtown area unless there are
rooftops with residents. Ms. Bright noted moving City Hall is one of the largest plans in the
Downtown Master Plan. Budget constraints prohibited an economic feasibility study being done
on moving City Hall according to the Downtown Master Plan. She reiterated the Plan was only
a conceptual plan to entice developers and incentives have not been discussed in the proposal.
Vice Mayor Rodriguez clarified there had not been any competitive bid process for the
Downtown Master Plan.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Jamie Anne Wooley, 306 SW 12th Avenue, had a family of four who made under $83,000 and
owned a home in Boynton Beach for over eleven years. A single-family home could be acquired
without increasing density and offering incentives. She inquired about any guarantee the
surrounding residents would have that the housing remain workforce and promotes a
downward spiral in home values. She did agree with being cautious and felt more planning
needed to be done before any decisions were made on the Old High School.
Herb Suss, 1711 Woodfern Drive, thought it should be a joint venture with an RFP for City Hall
and a Police facility and RFPs separately for each. The location of City Hall was not an issue.
Steve Anton, 234 SW 2nd Avenue, suggested a streamlined process that was uniform for every
developer to approach the City with a project. He contended it should be a more open process
with a Comprehensive Plan that is followed.
Flynn Holland, 618 S. Sea crest, did not support moving City Hall or the Police facility to the
west. She noted many businesses had been knocked down along Federal Highway and were
now vacant. The proposed site has a quagmire of parking issues with a great deal of traffic
issues. The additional housing units would create more traffic problems and the current housing
values are all affordable. Ms. Holland felt the proposed site was an impossible destination for
many.
George Perry, 2012 S. Federal Highway, was impressed by the Commission's attempt to do
the right thing. He observed moving government offices were not appropriate. Office space at
the proposed location would have to be refurbished and the cost of those renovations had not
been addressed. Mayor Taylor replied all the costs were included in the proposal.
Candace Killian, 642 Riviera Drive, voiced her opinion that City Hall should remain at the
present location. It deserves to be a prominent location, in a stand-alone building and not a
store front. She contended Congress Avenue could not accommodate more traffic and was
hazardous for senior citizens. Ms. Killian suggested the Old High School be used for additional
space, if necessary.
Commissioner Weiland felt the responsibility of the Commission was to investigate all the
advantages and disadvantages for the City of Boynton Beach and not the personal gain of any
individual or entity or political gain. Commissioner Weiland indicated he did agree with one of
the points of Vice Mayor Rodriguez, but did not agree the proposal was tainted. Each
Commissioner usually has a cause that they champion through their term in office. On the
other hand, asking questions about a proposal was not being negative, but a responsibility.
Motion
Vice Mayor Rodriguez moved that the City go out for an RFP for a new Police facility that would
include both options for the current land allocated for the Police facility or other location.
Commissioner Ross wanted to be clear that the proposals did include a public/private
relationship regarding the Old High School. The population downtown was as important as the
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
population throughout the City. The Police Department has to cross Congress to get to District
IV that has the largest population in the City, with the retail and business hub and a place of
destination for the mall and restaurants.
Mayor Taylor disagreed that Congress Avenue was a difficult commute. There are several
traffic signals; however, there is a four lane divided highway through Renaissance Commons
from Gateway Boulevard to Old Boynton Road with no signals and very little traffic. It was built
to take traffic off of Congress Avenue. His other point of concern was the tough economic
climate and budget cuts that would necessitate borrowing the money to refurbish the Old High
School. He hoped no one would lose their job if money could be spent for the Old High School
renovation.
Commissioner Hay seconded the motion.
Mayor Taylor wanted an additional RFP for a City Hall/Police combination also. Vice Mayor
Rodriguez felt it was critically important to keep the projects separate.
Mr. Livergood sought clarification. The proposal was to retrofit an existing building with a
major shift: on providing government services with internal parking; totally different than
building a new structure. The RFP has to be comparable to the present proposal. A design
build process is a more lengthy process.
Vice Mayor Rodriguez indicated his motion was for a master RFP with sub RFPs for the other
options. Mr. Bressner noted the two processes would be distinctly different. Mr. Livergood
contended it would be difficult to make comparisons.
Motion
Mayor Taylor made a substitute motion to include Vice Mayor Rodriguez's motion for RFPs for
stand-alone structures and add an RFP for a combination City Hall/Police Department as one
unit.
Vice Mayor Rodriguez contended the proposals should be made in conjunction with the
Downtown Master Plan and not outside of the area. Mayor Taylor wanted the location to be
anywhere in Boynton Beach. Vice Mayor Rodriguez argued the Downtown Master Plan would
be the source of the RFP which includes the Old High School and Town Square. Mayor Taylor
noted it would eliminate all other locations.
Mr. Bressner indicated it was not clear to staff. The alternatives presented addressed every
possible scenario. Vice Mayor Rodriguez argued the proposal totally disregarded the Downtown
Master Plan. Commissioner Ross sought direction if the intent was to strictly abide by the
Downtown Master Plan. Mr. Bressner pointed out there had been no funding to implement any
part of the Downtown Master Plan. It was approved and proposed moving City Hall closer to
Federal Highway. Mr. Bressner suggested a policy decision be made if there should be
consideration of anything west of 1-95 for City Hall. Commissioner Ross and Mayor Taylor
wanted to consider all possible locations. Vice Mayor Rodriguez wanted to uphold the intent of
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
the Downtown Master Plan. Commissioner Weiland wanted to see any options for the Police
Department, and any options for City Hall east of 1-95. Commissioner Hay was in favor of
assessing all options to find what was best for the citizens and City of Boynton Beach.
Mr. Bressner summarized all buildings, anywhere, that could house the Police and City Hall, or
separately and compare it with the stand-alone costs of the High Ridge Road location. There
would be efficiency in space moving into an existing building rather than building a new
structure. Mr. Livergood explained many common spaces are eliminated with an existing
building to create a more corporate environment. A traditional, government environment would
be a stand-alone building. Commissioner Ross agreed it was their responsibility to look at all
options.
Vice Mayor Rodriguez restated the motion to include all the components, using the current land
for the Police station, also including alternate existing buildings and also including the City Hall
Downtown Master Plan east of 1-95 or an alternative location west of 1-95.
Mr. Bressner wanted the RFP returned to the Commission for approval.
Vice Mayor Rodriguez requested extra bonus points be given to developers who include
proposals for saving the Old High School. Commissioners Ross and Hay agreed.
Commissioner Ross seconded the motion. The motion passed 5-0.
X. FUTURE AGENDA ITEMS:
A. Approve the report on disposition of surplus computers. (Tabled on January 6,
2009)- March 3,2009
B. Proposed Code amendments relating to reclaimed water - March 3, 2009
C. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions) - March 17, 2009
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
E. Review and consideration of approval of Auburn Master Development Agreement
(Proposed Resolution No. R09-0J8) Tabled on January 20, 2009
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
22
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Town Square Area -- 18.5 Acres
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Although every reasonable effort has been made
to ensure the accuracy of the public information,
data and graphic representations, the city of
Boynton Beach cannot be responsible for
E consequences resulting from any omissions or
errors contained herein. The City of Boynton
Beach assumes no liability whatsoever associated
with the use or misuse of this data.
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IX. - CITY MANAGER'S
REPORT
ITEM G
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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) D March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19, 2009 (Noon) !ZI April 7, 2009 March 16,2009 (Noon)
D Announcements/Presentations !ZI City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: A motion to approve piggy-back of the following Boynton Beach Community Redevelopment
Agency's (CRA) agreements for the Seacrest Boulevard Federal Stimulus Funding Project:
· Design and Professional Services Agreement effective June 28, 2007 with Kimley-Horn and Associates, Inc., Ft.
Lauderdale, FL
· General Contracting/Construction Management/Consulting Agreement effective June 28, 2007 with Burkhardt
Construction, Inc, West Palm Beach, FL
EXPLANATION: On March ]9, 2009 the Palm Beach Metropolitan Planning Organization (MPO) approved a slate of
projects for Federal Stimulus Funding. One project, the CRA's project to improve Seacrest was among those approved. The
total cost of the project is estimated at $5.5 M, however the MPO funding was limited to $1,998,838. The MPO funding for
the project will flow to the City via the F]orida Department of Transportation. FDOT is looking to the City, not the CRA to
be the responsible party for the execution of the project. As a municipality, the City is a Loca] Agency Program
Administrator. The City received this certification after Hurricane Frances and Jeanne.
The Florida Department of Transportation has historically contracted with other governmental agencies, empowered by
legislative authority to plan, develop, design, acquire right of way, and construct transportation facilities and to reimburse
these governmental agencies for services provided to the traveling public. With the passage of Public Law 102-240
(Intermodal Surface Transportation Efficiency Act of 1991), the Department was charged with expanding this program to
increase the number of fund categories available to ]ocal agencies. This increase of funds and categories has also increased
the level of involvement by the Federal Highway Administration in the contractual relationships between the Department and
loca] agencies. When the Department contracts with any other agency for reimbursement to that agency using federal funds
administered by the Federa] Highway Administration, the Department will be held responsible to ensure that those agencies
comply with all applicable federal statutes, rules and regulations.
As a result of the increase in funds becoming available to other agencies, the Department assigned the responsibility of
administration and oversight of the program to a Local Agency Program Administrator (LAP) in the Central Office. Under
LAP, FDOT can delegate some authority for project development and construction administration offederally funded projects
to qualified local agencies like Boynton Beach. Various agencies, such as Boynton Beach, must be LAP certified in order to
avail themselves to certain funding sources. The consultant for Burkhardt Construction has indicated that the City of Boynton
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Beach may not be fully certified for this type of "Road and Bridge" construction and we may need to modifY our certification.
Staff is researching this and will pursue modification of LAP certification, if needed.
PROGRAM IMPACT: Staff has broken the project into two phases. The Phase 1 would be funded by the Federal Stimulus
Program.
Phase I of the HOB streetscape projects is the reconstruction of Sea crest Bou]evard from Boynton Beach Blvd. north to the
C-16 canal and includes the following elements:
I. New curbing and some new gutters
2. New wider sidewalks
3. Landscape and irrigation
4. New Street lights
5. Bu]b-outs
6. Medians w/Landscaping/irrigation
No narrowing of Seacrest Blvd. is contemplated. This is in deference to citizen preference.
Phase II of the HOB streetscape projects will be the Martin Luther King, Jr. B]vd. from Seacrest Blvd. to Federal
Highway. The project will include the following elements: (This Phase is not funded).
I. New curbing and some new gutters
2. New wider sidewalks
3. Landscape and irrigation
4. New street lights
5. Bulb-outs
6. Acquisition of property for traffic round-about
7. Traffic round-about at MLK/Seacrest intersection
A Task Order for Burkhardt Construction to perform the roadway improvements that Kimley-Horn and Associates are
designing, will be coming before the CRA Board for approval at the April 14, 2009 regularly scheduled CRA Board meeting.
FISCAL IMP ACT: The cost ofthe project including engineering is borne by the CRA. Because of the rules for the
funding, the project must be assumed by the City. City staff has reviewed the procurement process used by the CRA for both
contracts in June 2007 and find their process acceptable. However, there is risk associated with this transfer as FDOT may
not accept the transfer of the project design and build as a piggyback. Should the FDOT not accept the transfer of project
design, then the City would then opt out of the piggyback contracts. We hope to have a determination within three weeks.
The City Manager will not execute the contracts until after the CRA and City staff meet with FDOT.
ALTERNATIVES: Do not authorize the piggyback contract from the CRA and direct CRA staff to seek standard design-bid-
build proposals, or decline the funding for the project. A standard design-bid-build roposal process will probably result in
the forfeiture of the allocated Stimulus Funding.
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Attachments:
1. Current contract between CRA and Burkhart Construction and Kimley Horn Engineers
2. MPO Project List Approved March 19,2009
3. Page 64 of approved Heart of Boynton Community Redevelopment Plan (2001)
4. Copy of Local Agency Program (LAP) Certification
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
GENERAL CONTRACTING/CONSTRUCTION MANAGEMENTICONSUl TlNG
AGREEMENT
THIS IS AN AGREEMENT ,-Agreement-), entered into this/orlf.day of
:&~ &007 . between the Boynton Beach Community Redevelopment Agency,
hereinafter referred to as aCRAu, and Burkhardt Construction, Inc., authorized to do
business in the State of Florida, hereinafter referred to as the uCONSUL TANT."
WHEREAS, the eRA issued a Request for Statements of Qualifications
on January 28, 2007; and
WHEREAS, CONSULTANT timely submitted its response to the Request
for Statements of Qualifications; and
WHEREAS. the eRA has investigated the qualifications of the
CONSULTANT to perform the WORK herein contemplated and found them
satisfactory; and
WHEREAS, the CRA Board selected CONSULTANT, along with two
other general contracting/construction management consultants, at its regularly
scheduled meeting on March 13.2007; and
WHEREAS, the CRA agrees to retain the CONSULTANT for general
contracting/construction management services on various CRA projects on an
ongoing and/or rotating basis for the time period described herein; and
WHEREAS, as a result of the aforementioned, the eRA agrees to enter
into this Agreement with the CONSULTANT; and
NOW. THEREFORE. in consideration of the premises and the mutual
covenants herein contained, the CRA agrees to employ the CONSULTANT and
the CONSULTANT agrees to perform all general contracting and/or construction
management services in connection with various CRA projects as needed, for
the total duration of this Agreement, and any and all extensions, upon the
following terms and conditions; namely:
1. SCOPE OF SERVICES.
A. The following services may be requested by eRA on a continuing or
rotating basis:
1. Cost estimating.
2. Construction analysis.
3. Value engineering.
4. Construction andlor construction management.
B. CONSULTANT may be called upon for general oontracting or
construction management services for the following types of CRA projects:
1. Upgrades, reconstruction or new construction of undergrounds and/or
overhead utilities, including under-grounding of existing overhead utilities.
2. Upgrades, reconstruction or new construction of roadway and storm drainage
improvements.
3. Streets capes including but not limited to enhancements to pedestrian
improvements such as decorative paving, pedestrian lighting, landscaping,
street furnishings, and street graphics.
4. Renovations, reconstruction or new construction of public parks and related
park improvements including but not limited to landscape, hardscape and
public buildings such as restrooms, pavilions, etc.
5. Renovation, restoration anellor remodeling of existing buildings of an historic
character.
6. Renovations. reconstruction or new construction of residential structures for
affordable housing purposes.
7. other projects at the sole and absolute discretion of the CRA. .
2. GENERAL PROVISIONS.
A. For each CRA project upon which CONSULTANT'S services are
requested. CONSULTANT and eRA will negotiate a separate agreement to Include a
Scope of Work and/or Notice to Proceed.
B. The CRA reserves, at all times, the right to perform any and all general
contracting and/or construction management services or work with other general
contractors and/or construction managers. This Agreement does not confer on the
CONSULTANT any exclusive rights to eRA work, nor does it obligate the CRA in any
manner to guarantee work for the CONSULTANT. The CONSULTANT may submit
proposals for any professional services for which proposals may be pubndy solicited by
the eRA outside of this Agreement.
C. The parties agree that any future agreement for each specific CRA
project will incorporate a fee structure, as outtined In the applicable Request for
Statements of Qualifications, based upon a Lump Sum Fee or an Hour1ylNot to Exceed
Fee.
D. The CRA agrees that it will furnish to the CONSULTANT plans and other
relevant available data in the CRA files pertaining to the work to be performed as soon
as possible after issuance of each Notice to Proceed.
E. The CONSULTANT will submit a proposal upon the CRA's request prior
to the issuance of a Scope of Work and/or Notice to Proceed. No payment will be made
for the CONSULTANT's time and services in connection with the preparation of any
such proposal. Fees for pre-construction and construction services shall be negotiated
separately for each project.
F. The CRA agrees to designate, when necessary, a representative who
shall examine the documents submitted by the CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the
CONSULTANTS services.
3. TERM AND TERMINATION. The term c:A this Agreement shall commence
upon the Effective Date of this Agreement and shall be for one (1) year and shall
automatically renew for four (4) additional one (1) year terms unless either party
provides written notice of its desire not to extend the applicable term at least thirty (30)
days prior to the expiration date.
4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT
for any work shall be commenced upon written Notice to Proceed from the CRA and
shall be completed within the time based on reasonable determination, stated in the
Notice to Proceed.
5. COMPENSAll0N.
The CONSULTANT agrees to negotiate a lump sum fee (when a scope of
services can be clearly outlined and the level of effort and cost of the work for those
services can be determined, and must include all wages, benefits, overhead, profit,
subconsultant fees, and expenses for the WORK and will not be increased unless there
is a change in the Scope of Work), an hourly/not-to--exceed fee (when a scope of
services cannot be dearly defined in terms of level of effort and cost of work or a defined
scope of services cannot be precisely defll'l8d, subject to the requirement that when
billings reach 75% of the not-to-exceed amount, the CONSULTANT must notify the CRA
in writing and provide an estimate of the level of effort to complete the work assigned
and it is within the eRA's sole and absolute discretion as to whether to continue
CONSULTANT'S services or terminate the services), or a combination of the two. Upon
agreement of a fee, the Executive Director of the CRA or his or her designee will issue a
written Notice to Proceed to the CONSULTANT.
6. PAYMENT.
The eRA will make monthly payments or partial payments to the CONSULTANT
for all authorized WORK performed during the previous calendar month within thirty
(30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the
Executive Director or his or her designee and provide the following information:
.
1. The amount of the invoices submitted shall be the amount due for all WORK
performed to date as certified by the CONSULTANT,
2. The request for payment shall include the following information:
a. Total Contract amount.
b. Percent of work complete.
c. Amount earned.
d. Amount previously billed.
e. Amount due this invoice.
f. Summary of work done this billing Period.
g. Invoices number and date.
h. Purchase Order number.
7. OWNERSHIP OF DOCUMENTS
All reports and reproducible plans, and other data developed by the
CONSULTANT for the purpose of this Agreement shall become the property of the CRA
without restriction or limitation in connection with the owners use and occupancy of the
project. Reuse of these documents without written agreement from the CONSULTANT
shall be at the CRA'S sole risk and without liability and any legal exposure to the
CONSULTANT.
8. COURT APPEARANCES, CONFERENCES AND HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or i1ppear
in litigation on behalf of the CRA, except in consideration of additional compensation,
and except for any dispute arising out of this contract. The amount of such
compensation shall be mutually agreed upon receipt of written authorization from the
Executive Director prior to performance of a court appearance and conference.
The CONSULTANT shall confer with the CRA at any time during construction of
the improvements herein contemplated as to interpretation of plans, correction of errors
and omissions and preparation of any necessary plan thereof to correct such errors and
omissions or clarify without added compensation.
9. AUDIT RlGKTS
The CRA reserves the right to audit the records of the CONSULTANT related to
this Agreement at any time during the execution of the WORK included herein and for a
period of one year after final payment is made.
10. SUBLElTINGI ASSIGNING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this
Agreement without the prior written consent of the CRA.
11. DEFAULT
In the event either party fails to comply with the provisions of this Agreement, the
aggrieved party may declare the other party in default and notify such party in writing,
providing a reasonable time to cure the default but no less than seven (7) days unless it
is an emergency situation. In the event the default is not timely cured, the Agreement
may be terminated and the CONSULTANT will only be compensated for any
professional services actually performed. In the event partial payment has been made
for such professional services not performed, the CONSULTANT shall return such sums
to the eRA within ten (10) days after notice that said sums are due.
12. INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until it has
obtained all insurance required under this Agreement and such insurance has been
approved by the CRA. All insurance poJicies shall be issued by companies authorized to
do business under the laws of the State of Florida. The CONSULTANT shall furnish
Certificates of Insurance to the CRA's representative. The Certificates shall clearly
indicate that the CONSULTANT has obtained Insurance of the type, amount, and
classification as required for shiel compliance with this Agreement and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the CRA's representative. Compliance with the foregoing requirements
shall not relieve the CONSULTANT of its liability and obligations under this Agreement.
CONSULTANT shall, at its sole expense, agree to maintain in full force and
effect at all times during the life of this Contract, Insurance coverages, limits, including
endorsements, as described herein. The requirements contained herein, as well as
CRA's review or acceptance of insurance maintained by CONSULTANT, are not
intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's
indemnifICation obligations shall not exceed the statutory limits descnbed within Section
768.28, Florida Statutes, and eRA does not otherwise waive its sovereign immunity
rights.
A. PROFESSIONAl LIABILITY
CONSULTANT shall agree to maintain ProfessionalUability, or equivalent Errors
& Omissions liability at a limit of liability not less than $1,000,000 Per
Occurrence. When a seff-insured retention (SIR) or deductible exceeds $25,000
the CRA reserves the right, but not the obligation, to review and request a copy
of CONSULTANT'S most recent annual report or audited financial statement. For
policies written on a .Claims-Made- basis, CONSULTANT warrants the
Retroactive Date equals or precedes the effective date of this contract
(Certfficate of Insurance shall soecify: Retro date - Full DOOr aets coverage
BODlies). In the event the policy is canceled, non- renewed, switched to an
Occurrence Form, retroactive date advanced; or any other event triggering the
right to purchase a Supplemental Extended Reporting Period (SERF) during the
lite of this Contract, CONSULTANT shall agree to purchase a SERF with a
minimum reporting period not less than three (3) years. CONSULTANT shall
agree this coverage shall be provided on a primary basis. The Certificate of
Insurance must indicate whether coverage is written on an ocaJrrence or c1aims-
made basis and must indicate the amount of any SIR or deductible.
B. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE UABILlTY AND
WORKERS' COMPENSATION
CONSULTANT shall agree to maintain Commerctal General liability at a limit of
liability not less than $1,000,000 Each Occurrence.
CONSULTANT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $1,000,000 Each Occurrence for all owned, non-owned and
hired automobiles. In the event CONSULTANT does not own any automobiles,
the Business Auto Liability requirement shall be amended allowing
CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General liability, or separate Business Auto coverage fOlTl'l.
CONSULTANT shall agree this coverage shall be provided on a primary basis.
CONSULTANT shall agree to maintain during the life of this Agreement,
Workers' Compensation Insurance and Employer's Liability in accordance with
Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be
provided on a primary basis.
C. UMBRELLA OR EXCESS lIABILITY
If necessary, CONSULTANT may satisfy the minimum limits required above for
either Commercial General Liability, Business Auto Liability, and Employer's
Liability coverage under Umbrella or Excess Uability. The Umbrella or Excess
liability shall have an Aggregate limit not less than the highest 'Each
Occurrence-limit for either Commercial General Liability, Business Auto Liability,
or Employer's liability. The CRA shall be specifically endorsed as an KAdditional
Insured" on the Umbrella or Excess liability, unless the Certificate of Insurance
notes the Umbrella or Excess Liability provides coverage on a -Follow-FormK
basis.
D. ADDmONAL INSURED
CONSULTANT shall agree to endorse the CRA as an Additional Insured to the
Commercial General liability. The Additional Insured endorsement shall read
8 Boynton Beach Community Redevelopment Agency.- (Project
). CONSULTANT shall agree the Add"ltional Insured
endorsements provide coverage on a primary basis.
E. WAIVER OF SUBROGATION
CONSULTANT shan agree, by entering into this Contract, to a Waiver of
Subrogation for each required policy. When required by the insurer, or should a
policy condition not permit an Insured to enter into a pre-loss agreement to waive
subrogation without an endorsement, then CONSULTANT shall agree to notify
the insurer and request the policy be endorsed with a Waiver of Transfer of
Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation
requirement shall not apply to any policy, which a condition to the policy
speclfically prohibits such an endorsement, or voids coverage should
CONSULTANT enter into such an agreement on a pre-loss basis.
F. CERTIFICATE OF INSURANCE
Immediately fonowlng the Effective Date of this Agreement, CONSULTANT shall
agree to deliver to the eRA a Certificate(s) of Insurance evidencing that all types
and amounts of insurance coverages required by this Agreement have been
obtained and are in full force and effect. Such Certlflcate(s) of Insurance shall
include a minimum thirty (30) day endeavor to notify due to cancellation or non-
renewal of coverage.
G. RIGHT TO REVIEW
eRA reserves the right to review, modify, reject or accept any required policies of
Insurance, Including limits, coverages, or endorsements. herein from time to time
throughout the life of this Contract. CRA reserves the right, but not the obligation,
to review and reject any insurer providing coverage because of its poor financial
condition or failure to operate legally.
H. INDEMNIFICATION
The CONSULTANT shall indemnify and save harmless and defend the eRA, its
officers. agents, servants, and employees from and against any and all claims,
liability, damages. losses, andlor causes of action including reasonable
attorneys' fees, which may arise from any breach of contract or any negligent act,
error or omission of the CONSULTANT Its officers, employees, agents, sub-
consultants or anyone acting pursuant to their authority and control in the
performance of this Contract. The indemnity obligations of this Agreement shall
not apply to damages or injury to the extent caused by the negligence or willful
misconduct of CRA, or its officers, employees, 8gents, or third parties or anyone
acting pursuant to their authority and control. However, any indemnification
obligation of the CRA shall not exceed the statutory limits desaibed within
Section 768.28. Florida statutes. and CRA does not otherwise waive its
sovereign immunity rights.
13. CODES, ORDINANCES AND LAWS.
The CONSULTANT agrees to abide and be govemed by all eRA, County, State
and Federal codes, ordinances and laws which may have a bearing on the WORK
involved on this project. Unless otherwise provided, this Agreement shall be governed by
the law of the principal place of business of the CONSULTANT.
14. ENTIRETY OF AGREEMENT.
This writing embodies the entire Agreement and understanding between the
parties hereto, and there are no other Agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded
hereby.
15. MODIFICATION OF AGREEMENT.
No alteration, change, or modification of the terms of this Agreement shall be
valid unless mad." in writing and signed by both parties hereto, upon appropriate action
by the eRA.
16. MEDIATION.
The parties to this Agreement desire to avoid the expense and delay caused by
the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or
disagreement between the parties that a jointly-selected mediator shall conduct a
mediation prior to the filing of a lawsuit in an effort to resolve the issue{s) with each party
to pay 50% of the mediator's fees.
17. VENUE.
In the event any disputes arising out of this Agreement cannot be worked out by
mediation, any and all lawsuits shall be filed in the 15t11 Judicial Circuit Court in and for
Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S.
Federal Court.
18. ATTORNEY'S FEES AND COSTS.
Should it be necessary to bring an action to enforce any of the provisions of this
Agreement, reasonable attorney's fees and costs, including those at the appellate level,
shall be awarded to the prevailing party.
19. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
20. PRIOR AGREEMENTS.
Any prior agreements between the parties that are in conflict with the provisions
contained herein are, to the extent of any such conflict, hereby superseded and repealed
by this Agreement.
21. NON-DlSCRIMINAnON.
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion. sex, age, or national
origin.
22. SEVERABILITY.
If any term or provision of this Agreement, or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such terms or provisions, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this agreement shall be deemed valid
and enforceable to the extent pennltted by Jaw.
23. ASSIGNMENT OF SUBCONTRACTORS.
The CONSULTANT reserves the right to assign subcontractors with reasonable
prior notice to the eRA Executive Director to this project to insure the quality of the job
as well as on-time completion. However, the CONSULTANT shan remain responsible for
the completion of the terms of this Agreement.
24. NOTICE.
All notices required in this Agreement shall be considered delivered when
received by certified mail, return receipt requested, or personal delivery and if
sent to the CRA, shall be mailed to:
Lisa A. Bright. CRA Executive Director
Boynton Beach Community Redevelopment Agency
639 E. Ocean Ave. Suite 103
Boynton Beach, Fl33435
With a copy to:
Kenneth G. SpUlias, Esq.
lewis, longman & Walker, P.A.
1700 Palm Beach lakes Boulevard, Suite 1000
West Palm Beach, Fl 33401
If sent to the CONSULTANT, shall be mailed to:
Burkhardt Construction, Inc.
Dennis E. Haynes. Vice President
1400 Alabama Avenue
West Palm Beach, Florida 33401
25. PUBLIC ENTITY CRIMES SWORN STATEMENT.
The CONSULTANT, by its execution of this Agreement, acknowledges and
attests that neither the CONSULTANT, nor any of its suppliers, subcontractors,
or consuftants who shall perform work which is intended to benefit the eRA. is a
convicted vendor or, if the CONSULTANT or any of its affiliates has been
convicted of a public entity crime, a period longer than 36 months has passed
since that person was placed on the convicted vendor list. CONSULTANT further
understands and accepts that this Agreement shall be either voidable by the
eRA or subject to immediate termination by the eRA, either in the event there is
any misrepresentation or lack of compliance with the mandates of section
287.133, Florida Statutes. CRA, in the event of such termination, shall not incur
any liability to CONSULTANT for any work or materials furnished.
26. EFFECTIVE DATE.
This Agreement shall be effective as of the last date it has been executed by all
parties.
By authority of the CRA Board
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
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or consultants who shall perform work which is intended to benefit the CRA, is a
convicted vendor or, if the CONSULTANT or any of its affiliates has been
convicted of a public entity crime, a periOd longer than 36 months has passed
since that person was placed on the convicted vendor list. CONSULTANT further
understands and accepts that this Agreement shall be either voidable by the
eRA or subject to immediate tennination by the CRA. either in the event there is
any misrepresentation or lack of compliance with the mandates of section
287.133, Florida Statutes. CRA, in the event of such termination, shall not incur
any liability to CONSULTANT for any work or materials furnished.
26. EFFECTIVE DATE.
This Agreement shall be effective as of the last date it has been executed by all
parties.
By authority of the CRA Board
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
WITNESS:
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CONSULTANT - Burkhardt Construction.
DESIGN AND PROFESSIONAL SERVICES AGREEMENT
r1 THIS IS AN AGREEMENT ("Agreemenf'), entered into this (lkday of
~ JAJP _ ,between the Boynton Beach Community Redevelopment Agency,
hereinafter referred to as "CRA", and Kimley-Hom and Associates, Inc., authorized to do
business in the State of Florida, hereinafter referred to as the "CONSULTANT."
WHEREAS, the CRA has selected CONSULTANT under the provisions ot
Section 287.055, Rorida Statutes, the Consultants Competitive Negotiation
Act; and
WHEREAS, the eRA agrees to retain the CONSULTANT tor design and
professional services work prescribed herein in connection with various CRA
projects, hereinafter called the 'WORK"; and
WHEREAS, this Agreement shall be considered a continuing contract as
described under Section 287.055(2)(g), Florida Statutes;
WHEREAS, the CRA has investigated the qualifications of the
CONSULTANT to perform the WORK herein contemplated and found them
satisfactory; and
WHEREAS, the CONSULTANT has examined the scope of the WORK
required hereunder and has expressed its desire and willingness to provide
such design and professional services and has presented his qualifications to
the CRA in support of such expressed desires; and
WHEREAS, as a result of the aforementioned, the eRA agrees to enter
into this Agreement with the CONSULTANT; and
WHEREAS, the CRA Board has approved the selection of the
CONSULTANT to perform such services, and the CONSULTANT agrees to
accept employment upon the terms and conditions hereinafter set forth,
NOW, THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the eRA agrees to employ the CONSULTANT for
an unspecified term commencing on the Effective Date as defined herein, and
the CONSULTANT agrees to perform all design and professional services in
connection with the WORK, as descnbed herein, for the total duration of this
Agreement, upon the following terms and conditions; namely:
1. SCOPE OF SERVICES.
The CONSULTANT shall provide the following services as necessary and
applicabfe on a continuing or rotating basis at the' sole and absolute discretion of the
CRA:
1. General Architectural Services - consulting and design services
including conceptual, schematic, design development, construction
documents, and/or construction administration for public buildings,
as well as affordable housing projects and adaptive re-use and
restoration of existing buildings with historic character.
2. Landscape Architecture - consulting and design services related to
conceptual, schematic, design development, construction
documents and/or construction administration for landscape and
hardscape of public places and spaces in an urban setting including
but not necessarily limited to parks, public properties, rights-of.
ways and easements.
3. Civil Enaineerina - consulting and design services related to
co nceptuaJ , schematic, design development, construction
documents and/or construction administration for various projects
that require paving, storm drainage, sanitary sewer, potable water,
fire protection and other related improvements for public places and
spaces in an urban setting including but not necessarily limited to
parks, public properties, rights-of-ways and easements
4. Traffic Enqineerina - general traffic consufting and/or construction
administration as well as conduct various traffic, trip generation,
parldng and other similar studies for possible Mure projects, or to
evaluate existing conditions and project future need.
5. Marine Enaineerina - design, construction and/or construction
administration of improvements to the eRA marina property as well
as other marine-related tasks.
2. GENERAL PROVISIONS.
1. The CONSULTANT and eRA will nego1iate a mutuaJy agreeable
separate agreement including a Scope of Work and/or Notice to Proceed to
encompass CONSULTANT'S services on as as-needed basis for each project
the eRA desires to use CONSULTANT'S services. Any such separate
agreement shall be subject to the limits of Section 287.055, Florida Statutes.
2. The eRA reserves, at all times. the right to perfonn any and all design
and professional services or work with other design professionals. This
Agreement does not confer on the CONSULTANT any exclusive rights to eRA
2
work, nor does it obligate the CRA in any manner to guarantee work for the
CONSULTANT. The CONSULTANT may submit proposals for any professional
services for which proposals may be publicly solicited by the eRA outside of this
Agreement.
3. The parties agree that any future agreement for each individual project
will incorporate a fee structure, as outlined in the applicable Request for
Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee.
4. The eRA agrees that it will furnish to the CONSULTANT plans and other
relevant available data in the eRA fires pertaining to the work to be perfonned as
soon as possible after execution of each separate agreement and/or issuance of
each Notice to Proceed.
5. The CONSULTANT shall assist the eRA to develop a program which
shall set forth the CRA's objectives, schedule, constraints and criteria, including
space requirements and relationships, f!exl>Hity, expandability, special
equipment, systems and site requirements.
6. The CRA. with the asSistance of the CONSULTANT if requested, shall
establish an overa" budget for each individual project, Including the construction
cost (the total cost or estimated cost to the CRA of aB elements of each project
designed or specified by the CONSULTANT), architectural and other sub-
professional fees, relocation costs, on- and off-site improvements, the CRA's
other costs and reasonable contingencies related to all of the costs. The
CONSULTANT shall endeavor to design the necessary improvements within the
CRA's budgetary constraints. However, CONSULTANT does not guarantee its
design wil be within CRA's budgetary constraints. CONSULT ANT shall be
compensated by eRA for any additional services necessary as agreed to
between the parties to perform any re-design services if construction bids exceed
eRA's budgetary constraints. Evaluations of the CRA's Project budget,
preliminary estimates of Construction Cost and detailed estimates of
Construction Cost, if any, prepared by the CONSULTANT, represent the
CONSULTANT's best judgment as a design professional familiar with the
construction industry. It is recognized, however, that neither the CONSULTANT
nor the eRA has control over the oost of labor, materials or equipment, over the
Contractor's methods of determining bid prices, or over competitive btdding,
market or negotiating conditions. Accordingly, the CONSULTANT camot and
does not warrant or represent that bids or negotiated prices will not vary from the
CRA's Project budget or from arrf estimate of Construction Cost or evaluation
prepared or agreed to by the CONSULTANT.
7. The CONSULTANT will submit a proposal upon the CRA's request prior
to the issuance of an individual project agreement, Scope of Work and/or Notice
to Proceed. No payment will be made for the CONSULTANT's time and services
in connection with the preparation of any such proposal.
3
8. The CRA agrees to designate, when necessary, a representative who
shall examine the documents submitted by the CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay In the
progress of the CONSULTANTS services.
3. TERMINATION. This Agreement shall operate as a continuing contract until
either party terminates this Agreement with or without cause by providing written notice
to the other party at least thirty (30) days prior to requested termination date.
4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for
any work shall be commenced upon written Notice to Proceed from the eRA and shall
be completed within the time based on reasonable determination, stated in the Notice to
Proceed.
5. COMPENSATION.
The CONSULTANT agrees to negotiate an "hourty rate- fee or an hourly fee with
a '"not to exceed" upper limit or a lump sum amount (or a combination of the above) for
WORK assigned to CONSULTANT based on the Scope of such WORK. Upon
agreement of a fee, the Executive Director of the eRA or hisJher designee will issue a
written Notice to Proceed to the CONSULTANT.
The fees for Professional Services for each phase of the WORK shaH be
determined by one of the foRowing methods or a combination thereof, as mutually
agreed upon by the CRA and the CONSULTANT and incorporated into the indiVIdual
project Agreement and/or Notice to Proceed.
1. Hourly Rate Fee: The CRA agrees to pay. and the CONSULTANT agrees
to accept, for the services rendered pursuant to this Agreement a fee
based on ctrect labor costs times a factor of 3.0. (The CRA will issue a
purchase order for the work which win contain an estimate of total fees.
Increases to original purchase orders or new purchase orders will be
issued as required to allow continuation of the work.)
2. Not to Exceed Upper Umit: In cases where the scope of work can be
readily defined and the level of contingency can be estimated, the CRA
and the CONSULTANT will attempt to agree on an upper limit for the
hourly work. Hourly rate fees will be paid for the time worked and billed up
to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed"
limit will be negotiated wtth the CONSULTANT based upon his estimate
of time and contingencies.
3. lump Sum Fee: If this is the agreed upon option, the CONSULTANT
agrees to negotiate a "Lump Sum Fee- for a particular assignment when
the WORK can be dearly defined. The '1..ump Sum Fee" shall be paid for
the percent of work completed including expenses and services of
subconsuttants. The negotiated "Lump Sum Fee" will include all wages,
benefits, overhead, profit, and expense for the WORK and will not be
increased unless there is a change in the Scope of WORK.
4
4. Special Subcontracting Consultants: For services and reimbursable
expenses of special subcontracting consultants empfoyed by the
CONSULTANT, CRA shall pay CONSULTANT the amount billed to
CONSULTANT. Coordinating fees of the CONSULTANT shall be
included in the '"LLm1p Sum Fee.. Hour1y rate contracts will pay for actual
hours spent. If a subconsultant is added after negotiation of a "Lump Sum
Fee," a 10% coordinating fee may be added to the subconsultant's fee
upon written approval by the CRA.
5. For Reimbursable Expenses: A fISt of the allowable reimbursable
expenses are detailed In Exhibtt "A." No payment will be made for ttems
not on the Exhibit
6. PAYMENT.
The CRA will make monthly payments or partial payments to the CONSULTANT
for all authorized WORK performed during the previous calendar month within thirty
(30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the
Executive Director or hislher deisgnee and provide the following Infonnatlon:
1. The amount of the invoices submitted shall be the amount due for all WORK
performed to date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Total Contract amount.
b. Percent of work complete.
c. Amount earned.
d. Amount previously billed.
e. Amount due this invoice.
1. Summary of work done this biDing Period.
g. Invoices number and date.
h. Purchase Order number.
7. OWNERSHIP OF DOCUMENTS
All reports and reprodUCIble plans, and other data developed by the
CONSULTANT for the purpose of this Agreement shall become the property of the eRA
wi1hout restriction or Rmitation in connection with the owners use and occupancy of the
project Reuse of these documents without written agreement from the CONSULTANT
shall be at the CRA'S sole risk and without liability and any legal exposure to the
CONSULTANT.
S. COURT APPEARANCES, CONFERENCES AND HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear
in litigation on behalf of the eRA, except in consideration of additional compensation,
and except for any dispute arising out of this contract. The amount of such
compensation shalf be mutually agreed upon receipt of written authorization from the
Executive Director prior to perfonnance of a court appearance and conference.
5
9. AUDrT RIGHTS
The CRA reserves the right to audit the records of the CONSULT ANT related to
this Agreement at any time during the execution of the WORK included herein and for a
period of one yeer after final payment is made.
10. SUBLET11NGlASSIGNMENT
The CONSULTANT shall not sublet, assign, or transfer any WORK under this
Agreement without the prior written consent of the CRA.
11. DEFAULT
In the event either party fails to comply with the provisions of this Agreement, the
aggrieved party may declare the other party in default and notify such party In writing. In
such event, the CONSULTANT will only be compensated for any completed professional
services. In the event partial payment has been made for such professional services not
completed, the CONSULTANT shall retum such sums to the CRA within ten (10) days
after notice that said sums are due.
12. INSURANCE AND INDEMNIFICATION
The CONSULTANT shan not commence WORK on this Agreement until it has
obtained al/ insurance required under this Agreement and such insurance has been
approved by the CRA. All Insurance policies shall be issued by companies authorized to
do business under the laws of the State of Florida. The CONSULTANT shall furnish
Certificates of Insurance to the eRA's representative. The Certificates shall clearly
indicate that the CONSULTANT has obtained Insurance of the type, amount, and
classification as required for strict compliance with this Agreement and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the CRA's representative. Compliance with the foregoing requirements
shaD not relieve the CONSULTANT of its liability and obligations under this Agreement
CONSULTANT shall, at its sole expense, agree to maintain in full force and
effect at all times during the life of this Agreement, insurance coverages, limits, including
endorsements, as described herein. The requirements contained herein, as well as
eRA's review or acceptance of Insurance maintained by CONSULTANT. are not
intended to and shall not in any manner limit or quaify the labilities and obligations
assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's
indemnification obigations shall not exceed the statutory limits described within Section
768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity
rights.
a. PROFESSIONAL UABlurv
CONSULTANT shall agree to maintain Professional Uability, or equivalent Errors
& Omissions Uability at a limit of Iiab~ity not less than $1,000,000 Per
Occurrence. When a self-insured retention (SIR) or deducti>te exceeds $25,000
the CRA reserves the right, but not the obligation, to review and request a copy
6
of CONSUL TANrS most recent annual report or alXfrted financial statement. For
policies written on a aClaims-Made" basis, CONSULTANT warrants the
Retroactive Date equals or precedes the effective date of this contract
(Certfficate of Insurance shall soecifv: Retro date - Full Drior acts coveraoe
8DDIiesJ. In the event the policy is canceled, non- renewed, switched to an
Occurrence Form, retroadive date advanced; or any other event triggering the
right to purchase a Supplemental Extended Reporting Period (SERF) during the
life of this Contract, CONSULTANT shall agree to purchase a SERF with a
minimum reporting period not less than three (3) years. CONSULTANT shall
agree this coverage shall be provided on a primary basis. The Certificate of
Insurance must indicate whether coverage Is wrttten on an occurrence or claims-
made basis and must indcate the amount of any SIR or deductible.
b. COMMERCIAL GENERAL UABlUTY. AUTOMOBILE UABILITY
AND WORKERS' COMPENSAnoN
CONSULTANT shall agree to maintain Commercial General Liability at a Omit of
liability not less than $1,000,000 Each Occurrence.
CONSULTANT shall agree to maintain Business Automobile liability at a limit of
liability not less than $1,000,000 Each Occurrence for all owned, non-owned and
hired automobiles. In the event CONSULTANT does not own any automobiles,
the Business Auto Liability requirement shall be amended allowing
CONSULTANT to agree to maintain only Hired & Non-Qwned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General Uability, or separate Business Auto coverage fORn.
CONSULTANT shall agree this coverage shall be provided on a primary basis.
CONSULTANT shall agree to maintain during the life of this Agreement,
Workers' Compensation Insurance and Employe(s UabUity in aocordElnce with
Rorida Statute Chapter 440. CONSULTANT shall agree this coverage shall be
provided on a primary basis.
c. UMBRELLA OR EXCESS UABlUTY
If necessary, CONSULTANT may satisfy the minimum limits required above for
either Commercial General Uability, Business Auto liability, and Employer'S
Liability coverage under Urmrella or Excess Uability. The Umbrella or Excess
liability shall have an Aggregate limit not less than the highest 'Each
Occurrence"limit for either Convnercial General Liability, Business Auto Liability,
or Employer's Liability. The CRA shall be specifically endorsed as an "Additional
Insured' on the Umbrella or Excess Llabltty, unless the CettIflcate of Insurance
notes the Umbrella or Excess Uability provides ooverage on a "Follow-Form"
basis.
d ADDmONAllNSURED
CONSULTANT shall agree to endorse the eRA as an Additional Insured to the
Commercial General Uability. The Additional Insured endorsement shall read
"Boynton' Beach Community Redevelopment Agency." (Project
). CONSULTANT shall agree the Additional Insured
7
endorsements provide coverage on a primary basis.
e. WAIVER OF SUBROGATION
CONSULTANT shall agree. by entering into this Contract, to a Waiver of
Subrogation for each required policy. When required by the insurer, or should a
policy condition not permit an Insured to enter into a pre-loss agreement to waive
soorogation without an endorsement, then CONSULTANT shall agree to notify
the insurer and request the policy be endorsed with a Waiver of Transfer of
Rights of Recovery Against Others, or its equivalent This Waiver of Subrogation
requirement shall not apply to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids coverage should
CONSULTANT enter into such an agreement on a pre-Joss basis.
f. CERTIFICATE OF INSURANCE
Immediately following notification of the award of this Agreement, CONSULTANT
shall agree to deliver to the eRA a Certificate(s) of Insurance evidencing that all
types and amounts of insurance coverages required by this Agreement have
been obtained and are in full force and effect. Such Certificate{s) of Insurance
shaJl include a minimum thirty (30) day endeawr to notify due to cancetlation or
non-renewal of coverage.
g. RIGHT TO REVIEW
CRA, by and through its Risk Management Office, in cooperation with the
contractinglhiring department, reserves the right to review, modify, reject or
accept any required policies of insurance, including limits, coverages, or
endorsements, herein from time to time throughout the life d this Contract. eRA
reserves the right, but not the obligation, to review and reject any insurer
providing coverage because of its poor financial condition or failure to operate
legally.
The CONSULTANT shan indemnify and save harmless and defend the eRA, its
officers, agents, servants, and employees from and against any and all claims,
liability. damages, losses. and/or causes of action including reasonable
attorneys' fees, to the extent they may arise from any breach of contract or any
negligent act, error or omission of the CONSULTANT its officers, employees,
agents, SltH:xlnsuttants or anyone acting their authority and control in the
performance of this Contract. The indemnity obligations oi this agreement shall
not apply to damages or injury to the extent caused by the negligence or willful
misconduct of CRA, or its officers, employees, agents. or third parties.
13. CODES, ORDINANCES AND LAWS.
The CONSULTANT agrees to abide and be governed by all CRA, County, State
and Federal codes, ordinances and laws which may have a bearing on the WORK
involved on this project. Unless otherwise provided. this Agreement shall be govemed by
the law of the principat place of business of the CONSULTANT.
8
14. HAZARDOUS SUBSTANCES.
Services related to detenninations invoMng hazardous substances or oonditions,
85 defined by federal or state law, are limited to those tasks expressly stated in the
scope of services to be entered into. In any event, CONSULTANT shall not be a
custodian. transporter, handler, arranger, contractor, or remediator with respect to
hazardous substances and conditions. CONSUL TANrS selVices will be limited to
professional analysis, recommendations, and reporting, including, when agreed to, plans
and specifications for Isolation, removal, or remediation.
The CONSULTANT shall notify the eRA of hazardous substances or conditions
not contemplated in the scope of services of which the CONSULTANT actually becomes
aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected
portions of its services. The parties shall decide if CONSULTANT is to proceed with
testing and evaluation and may enter into further agreements as to the additional scope.
fee, and tenns for such services.
15. EN11RETY OF AGREEMENT.
This writing embodies the entire Agreement and understanding between the
parties hereto, and there are no other Agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded
hereby.
16. MODIFlCAnoN OF AGREEMENT.
No alteration, change, or modification of the tenns of this Agreement shall he
valid unless made in writing and signed by both parties hereto, upon appropriate action
by the eRA.
17. MEDIATION.
The parties to this Agreement desire to avoid the expense and delay caused by
the filing of lawsuits. Therefore. it is agreed that in the event of any dispute or
disagreement between the parties that a jointly-selected mediator shall conduct a
mediation in an effort to resolve the issue(s} with each party to pay 50% of the
mediator's fees.
18. VENUE.
In the event any disputes arising out of this A~eement cannot be worked out by
mediation, any and alllawsLits shall be filed in the 15 Judicial Circuit Court In and for
Palm Beach County, Aorida or the Southern District Court of Aorida if filed in U.S.
Federal Court.
19. ATTORNEY'S FEES AND COSTS.
Should it be necessary to bring an action to enforce any of the provisions of this
Agreement, reasonable attorney's fees and costs, including those at the appellate level,
shall be awarded to the prevailing party.
9
20. COUNTERPARTS.
This Agreement may be executed In one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
21. PRIOR AGREEMENTS.
Any prior agreements between the parties that are in conflict with the provisions
contained herein are, to the extent of any such conflict, hereby superceded and repealed
by this Agreement.
22. NON-DISCRIMINAnON.
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, sex, age, or national
origin.
23. SEVERABILITY.
If any term or provision of this Agreement, or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such tems or provisions, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this agreement shall be deemed valid
and enforceable to the extent pennitted by law.
24. ASSIGNMENT OF SUBCONTRACTORS.
The CbNSUL TANT reserves the right to assign subcontractors with reasonable
prior notice to the CRA Executive Director to this project to insure the quality of the job
8S well as on~time completion. However, the CONSULTANT shall remain responsible for
the completion of the terms of this Agreement.
10
25. NOnCE.
All notices required in this Agreement shall be considered delivered when
received by certified mail, return receipt requested, or personal delivery and if
sent to the CRA, shall be mailed to:
Usa A. Bright, CRA Executive Director /(j...
Boynton Beach Community Redevelopment Agency, _ 7'1
-889 C. O\..:.cu, Avv. SwiM 163 't1S'..s. FcoePf /l'fY't.
Boynton Beach, FL 33435
With a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, FL 33401
If sent to the CONSULTANT, shall be mailed to:
Kimley-Horn and Associates, Inc.
R. Russell Barnes, III, P.E.
5200 N.W. 33rd Avenue, Suite 109
Ft. Lauderdale. Florida 33309
26. PUBLIC ENTITY CRIMES SWORN STATEMENT.
The CONSULTANT, by its execution of this Agreement, acknowledges and
attests that neither the CONSULTANT, nor any of its suppHers, subcontractors,
or consultants who shall perform work which is intended to benefit the CRA, is a
convicted vendor or, if the CONSULTANT or any of Its affiliates has been
convicted of a public entity crime. a period longer than 36 months has passed
since that person was placed on the convicted vendor list CONSULTANT further
understands and accepts that this Agreement shall be either voidable by the
CRA or subject to immediate termination by the CRA, either in the event there is
any misrepresentation or lack of compliance with the mandates of section
287.133, Rorida Statutes. eRA, in the event of such termination, shall not incur
any liability to CONSULTANT for any work or materials fumished.
Xl. EFFECTIVE DATE.
This Agreement shall be effective as of the last date it has been executed by all
parties.
11
By authority of the eRA Board
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By. j~
Print ~me: 'lJYt,~~
Its: Chairperso)l n
Date: 6 ~,;lr.-a/
WITNESS:
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~/~vkrl I /?t~
uss:
j(,t1.Ll ~ &u4J1l-
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WITNESS:
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By:
Print Name:
Its: P""~I
Date: / tP ~
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"--- -I
.--h) c (- l
rixecutive Director
fA .'.
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APPROVED AS TO FORM & LEGAL
SUFFICIENCY:
~MJJk
eRA A y
l:\CIient OocunBOlS\Boynton Beem CRA\2~ 1~\ContInulng Contract - Design & Professional Services _
Klmley Homdoc
12
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
ECONOMIC STIMULUS TRANSPORTATION PRIORITY RECOMMENDATIONS
PALM BEACH METROPOLITAN PLANNING ORGANIZATION
Adopted March 19, 2009
Funding
Priority Area Agency Project Limits Description Requested
FOOT /Broward Co Dixie Hwy Broward Co Line - 18th St Bridge Reconstruction $4,484,687
South Palm Beach County Military Trail Clint Moore Rd - Lake Worth Rd Resurfacing, ADA ramps, 8uardrail upgrade $7,000,000
West Belle Glade SE 3rd Street MLK Blvd - SE Ave G Reconstruct with stormwater utilities, curb and gutter, sidewalks $2,200,000
4 Central Wellington Forest Hill Blvd Southern Blvd - FI Tpk Sidewalks, lighting, drainage, landscaping, street furniture, signage $3,000,000
5 North Riviera Beach Blue Heron Blvd/SR AlA US 1 - S. of Burnt Bridge Resurfacing, Sidewalks, Lighting, Drainage, Landscaping (Existing FOOT $3,500,000
Funding Commitment of $9,7 M)
6 North Tequesta Tequesta Drive Bridge Replacement Replace bridge and roadway/utility improvements $3,000,000
7 Central Royal Palm Beach Royal Palm Beach Blvd Okeechobee Blvd - 40 St Convert to urban section with drainage, bike lanes, bike/ped paths $2,000,000
8 South Boynton Beach Seacrest and Martin Luther King, Jr. MLK Blvd- Federal-Seacrest; Seacrest Blvd - Lighting improvements, crosswalks, sidewalk improvements, pavers and $1,998,838
Boulevard Boynton Bch-N of C-16 Canal traffic circles to slow traffic through residential areas.
TOTAL $27,183,525
South Boca Raton NW 20 St, SW 12 Ave, SW 18 St NW 20 St - Dixie-Federal; SW 12 Ave - Camino- Resurfacing $1,706,000
Palmetto; SW 18 St - 1-95-Dixie
South Defray Beach Bus Shelters Various locations along Palm Tran routes Installation of 20 of shelters to protect riders from inclement weather $373,750
(Would be implemented with Palm Tan).
South Highland Beach AlA S of Linton Blvd - N of Spanish River Blvd Asphalt Sidewalk Replacement w/ concrete $750,000
Add 3rd North to West turn lane on south approach and expand north
North Jupiter Indiantown Rd At Central Blvd approach of intersection using 3 project phases. Phase 1- $100,000; Phase 2 - $4,350,000
$250,000; Phase 3 - $4,000,000,
North Lake Park Park Avenue Improvements 7thSt-US1 Reduce to 2 lanes, add landscaping, bike lanes, decorative lighting, improved $3,400,000
drainage
Central Lake Worth Intercity Trolly Circulator Service On Lake Worth Rd Purchase 2 electric trolleys and chargers, operating costs not allowed under $932,000
Stimulus Program (Would require fund transfer to FTA and Palm Tran)
Central Loxahatchee Groves Okeechobee Blvd Median At B Rd Construct roundabout $750,000
West Pahokee McClure Rd Bacom Point Rd Reconstruction and repaving $1,584,000
Central Palm Beach Bradley PI Royal Poinciana Wy - Wells Rd Resurface $100,000
North
MacArthur Blvd, Lighthouse Dr, Holly Dr,
Allamanda Dr, Ave of PGA, Hickory Dr, Larch, Bridge Refurbishment
Ave
$1,700,000
Palm Beach Gardens Citywide
Central
29 St - 36 St Sidewalks, lighting. drainage, landscaping, bike facilities
$4,100,000
West Palm Beach N Flagler Dr
Notes
Design/Build Process speeds up letting.
Right-of-way purchase requires use of Federal rules and would probably exceed 3-year time limit, FOOT not disposed to approving ROW purchases,
FDOT required to review plans to ensure Economic Stimulus requirements are met,
Applicant required to fund cost overruns or additional items,
Responsible Agency is FOOT or Palm Beach County if applicant cannot become LAP certified in timely manner. Applicant must reach agreement with Responsible Agency,
Prepared 3-18-09
General Municipal Proiects
Location
Congress Avenue Community Park
Hester and Pence Parks
LightinglField Retrofit
Quantum Eco Park
Municipal Grounds Landscape
Retrofit
Oceanfront Park Boardwalk
Replacement
City of Boynton Beach, Florida
Requested Infrastructure Project Funding Summary
Project Description
Construction of a 13 acre barrier-free community park includmg a 4,000 to 8,000 sq
ft, therapeutic recreation building bUilt to LEEDS or Florida Green Building Coalition
standards. Park amenities (water play features, playgrounds, strolling paths, eco-
education) will satisfY the needs of all ages and disabilities for Boynton Beach
residents as well as those in surrounding communities,
Conversion of existmg natural turf ball fields to synthetic turf and conversion of ball
field lighting to computer controlled lighting for energy conservation, thereby
eliminating the use of chemicals, fertilizers and potable water for field maintenance
Development of an "eco" park using LEEDS or other "green" design principals,
Amenities to include trails through natural areas, nature center for environmental
education, interpretive exhibits, rock garden, butterfly garden, botanical areas,
arboretum, picnic area, play areas, lake and kayak/canoe launch, This will also serve
as a link in the City's greenway/blueway (waterway) system, The nature center will
be the City's center for environmental education and sustainable use
Upgrade landscaping to replace large turf areas with native plantmgs to reduce
reliance on potable water supplies, Project would also result in the reduction of
fertilizer/chemical applications in the majority of building grounds and roadway
medians,
Utilizmg a renewable wood source this project calls for the replacement of
approximately 900 linear feet of oceanfront boardwalk. The existing boardwalk has
failed and is presentmg a hazard to beach patrons, The boardwalk must be either
replaced or the facility closed, This park serves as access to the ocean for all Boynton
Beach residents as well as to other Palm Beach County residents
Page 1 of4
Funding Required
$8,900,000
$1,600,000
$4,500,000
$1,000,000
$2,400,000
Jobs
Anticipate creation of 50-1 00
construction Jobs and two full
time equivalent positions,
Anticipate creation of 10
construction jobs,
Anticipate creation of25-50
construction jobs and three new
full time equivalent maintenance
positIons,
AntICipate creation of 15
construction jobs,
Anticipate creation of
approXimately 50 construction
jobs
General Municipal Projects - cont'd...
City of Boynton Beach, Florida
Requested Infrastructure Project Funding Summary
General Municipal Proiects - cont'd
Location
Project Description
New Police Facility
The Nationally accredited Boynton Beach Police Department currently operating m an
18,000 square foot building, A recent space needs analysis performed by an architect
found the need for slightly over 81,000 square feet of space to accommodate
department operations both now and for 25 years into the future. Boynton Beach is, as
is many other cities nationally, expenencmg increasing public demand for police
services to combat all types of crime, mcluding gang activity. It is critical that the
Police employees operate in a facility that is deSIgned to allow for superior police
serVices,
The existing Police building is not constructed to current life safety codes, The
building does not benefit from fire suppression nor is the building designed according
to current standards for hardenmg public facilities to essential facility status within a
hurricane zone, Therefore, to ensure critical police service after a potentially
devastating hurricane wind event, it is deSIrable to construct a new facility
Construction of a new Police Facility offers the opportunity to design the building
according to LEEDS standards Dependmg upon the level of LEEDS certification, the
City of Boynton Beach will be able to ensure reduction in utility resources (electric
and water) and also provide enhanced working conditions for employees through
Improved air and lightmg quality This IS an opportunity for introduction of LEEDS
design elements on a fairly large scale municipal project.
Total Value of General Municipal Projects:
Pagelol4
Funding Required
The new Police Facility is
estimated to cost
approximately $31 millIon,
including a parking structure,
and is proposed to occupy a
site shared by a F ire Station /
Fire AdmimstratIon Buildmg
that is now under
construction and will be
placed mto service in early
Summer 2009, The union of
the two facilities will form a
umque public safety complex
for the benefit of Boynton
Beach residents,
$49,400,000
Jobs
Anticipate creation of
approximately 250 to 300
construction jobs
Total Employed: 525
City of Boynton Beach, Florida
Requested Infrastructure Project Funding Summary
Communitv Redevelooment A.eencv (CRA) Pro;ects
Location
Boynton Harbor Marina Redesign
Seacrest and Martin Luther King,
Jr. Boulevard and Reconstruction
Project Description
The City/CRA desire to redesign the public marina to create more public access to the
waterfront, maintain the existing working waterfront and its businesses and to create a
destination for downtown Boynton Beach, The project includes the redesign and
improvement of the boat slips, construction of public walkways, lighting, signage,
landscaping and public art, Additionally, the plan calls for a public plaza with an
Interactive fountain and performing arts area, The City/CRA is committed to
incorporating numerous design elements to conserve water and electricity within the
project. The project will also include public education elements on the importance of
preserving Florida' natural systems, This is a catalyst project for an interconnected
water transit system being planned for Palm Beach County
The Clty/CRA are seeking to improve sections of Seacrest and Martin Luther King, Jr
Boulevard within a low-income minority community known as the Heart of Boynton
In order to Increase safety, encourage redevelopment and improve the quality of life
for neighborhood residents. Improvements will include new lighting, crosswalks,
wider sidewalks, landscaping, pavers and traffic circles to slow traffic through this
residential neighborhood
Total Value ofCRA Projects.'
Page 3 of 4
Funding Required
$6,500,000
$5,500,000
$12,000,000
Jobs
Approximately 75 jobs will be
created including construction
and engineering positIOns,
Approximately 60 jobs will be
created including construction
and engineering jobs
Total Employed: 135
Citv Utilitv Proiects
Location
Stormwater Improvement - SE 4th
Street/SE Federal Hwy Corridor
Stormwater Management/Swale
Improvements at Seacrest Corridor
Stormwater Improvement and
Water Main Replacement - NW 17tb
Ave. (Rolling Green area)
Perimeter Protection and
SUl'Veillance Entry Notification
Phase I New Force Main from East
Plant Site to Regional Plant, new
force main LS at SE 6th Avenue,
new LS at SE 6tb Avenue
City of Boynton Beach, Florida
Requested Infrastructure Project Funding Summary
Project Description
Roadway improvements, potable water main installation, storm water and reclaImed
water improvements,
Potable water main replacement and storm water improvements,
Potable water maIn installation and storm water improvements,
Security improvements for water treatment and other utilities facilitIes,
New regIonal sewage force main and pumping station to proVIde future capacIty and
redundancy of critical infrastructure,
Total Value of City Utility Projects.'
Grand Total Value of Municipal (General + Utility) Construction: $71,782,059
Grand Total Value ofCRA Projects: $12,000,000
Overall Total: $83,782,059
Grand Total Projected Employment/or all Projects: 957
Page 4 of 4
Funding Required
$5,020,792
$7,529,597
$3,234,000
$227,670
$6,320,000
$22,332,059
Jobs
67 people will be employed as
construction jobs
100 people will be employed as
construction jobs
43 people will be employed as
construction Jobs
3 people will be employed as
constructIOn jobs
84 people will be employed as
constructIon jobs
Total Employed: 297
~
~ .
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c... C. .~\o\?'le 'i~.
,~~? tr.
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STEPHANIE c. KOPELOUSOS
SECRETARY I
./1~~}.+"t G~
CC; r-.
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
DISTRICT PROGRAM MANAGEMENT OFFICE - DISTRICT IV
3400 West Conunercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: (954) 777-4554 Fax: (954) 777-4074
Internet Email: stacy.miller(al.dot.state.fl.us
Toll Free Number 1-866-336-8435
February 20, 2008
Subject: Local Agency Program Certification
/IOJ ~ rc ~ ~ '1'1 ~ In!
~ FEB 2 5 2008 ~
CITY MANAGER'S OFuc}d
Mr. Kurt Bressner
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Dear Mr. Bressner:
Congratulations, your agency has completed the LAP Certification process with the Florida Department of
Transportation. Attached please fmd an approved Local Agency Certification Qualification Agreement.
This is your agency's approved LAP Certification document.
By completing this process your agency has agreed to administer Federal Funded projects in accordance
with the following:
Compliance with the Local Agency Program Manual.
Provide a qualified experienced Project Manager for each project.
Provide supervision of the Design for each project.
Provide environmental determination for each project.
Plans Specifications and Estimates will be provided to the FDOT.
To progress bill no less than one invoice per quarter.
Thank you for your continued support of the program.
Sincerely,
i3~4AA-II~
Barbara Handrahan
Local Program Administrator
Cc: Stacy Miller
File
www.dot.state.fl.us
STATE OF FLORIO!>, OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT
525,010_33
PROJ MGT, RESEARCH! DEV OFC
05101
Page 1 of 2
AGENCY
City of Boynton Beach
The noted agency hereby agrees to comply with the following requirements when developing all projects on the Federal
Aid Highway Systems
1, The Local Agency Program Manual and all policies and guidelines promulgated by the State of Florida
Department of Transportation (FOOT) which accomplish the policies and objectives set forth in Title 23, U, S
Code, Highways and the Regulations issued pursuant thereto
2, The overall approval authorities and conditions will be as follows
a, The designs will be reviewed and approved by the following State of Florida registered Professional
Engineer.
City Engineer
Position Title Only
b, The hearing's findings (if required) will be reviewed and approved by the following official or officials
City Engineer
Position Title or Titles Only
c, The contract plans, specifications and estimate of cost will be reviewed and approved by the following
State of Florida registered Professional Engineer,
City Engineer
Position Title or Titles Only
d, Agreements will be signed by the following responsible local official:
(1 ) Railroad City Manager
Position Title Only
(2) Utility C,ity M:oln:olEpr
Position Title Only
(3) Consultant City Manager
Position Title Only
(4) Technical Services City Manager
Position Title Only
e The award of contract will be signed by the following responsible official
r.ity M:oln:olEpr
Position Title or Titles Only
f, If there are OBE requirements on a proJect, the following will be the OBE liaison officer
Director of Financial Services
Position Title
52~01 0-33
PROJ MGT. RESEARCH & DEV OFC
05/01
?age 2 oj 2
g. All projects will be designed and constructed in conformance with the requirements of the Local Agency
Program Manual,
h. The Contract Administration will be supervised by the following State of Florida registered Professional
Engineer.
City Engineer
Position Title Only
i. Construction Administration and Material Sampling and Testing will be accomplished in accordance with
the requirements of the Local Agency Program Manual
3, The agency agrees that they have the means to provide adequate expertise and will have support staff
available to perform the functions being subdelegated. The support staff may include consultant or state
services.
4. The agency agrees to submit the names of the approving authorities noted in Section 2 above with each
project prospectus.
5. All projects under Local Agency Certification shall be ayailable for review by the FHWA and the State at any
time, and all project documents shall be retained and available for inspection during the plan development and
construction stages and for a three-year period following acceptance of the project by FHWA.
6, The FOOT District Local Agency Program Administrator's approval of the Local Agency Certification may be
rescinded at any time upon request by the local agency or if in the FOOT District Local Agency Program
Administrator's opinion it is necessary to do so. The rescission may be applied to all or part of the programs or
projects approved in the Local Agency Certification
/c;J .--r --- u;7
Date
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
The Local Agency is ce;:tLfied in the following functiona~~~s 0 Planning
o Design 8 Consultant Selection K2f Bid and Award Project
o Right of Way
Cl Environmental Documentation
[~Construction Administration
,A,pproved By,
Distric
((II ~!7
ee
Date
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM H
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) D March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) rgJ April 7, 2009 March 16,2009 (Noon)
D Announcements/Presentations rgJ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Lega] Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize City Manager to sign tax credit application on behalf of Auburn Group for
Development of Boynton Bay Tower 1 Proposal is for construction of 110 units of age restricted apartments.
EXPLANATION: The City Manager received the attached letter from the Auburn Group dated April 2, 2009 requesting
sign-off of tax credits to be used for Auburn's application for Low Income Housing Tax Credits as required by the Florida
Housing Finance Corporation. Staff just received this request. Staff met with representatives of Auburn on April 1,2009 and
confirmed that the project would be a qualified activity.
PROGRAM IMP ACT: The project, if approved for tax credits would provide I 10 unit of housing for income-eligible
senior citizens in an established and well-run development.
FISCAL IMPACT: The rules for the tax credit require an in-kind contribution from the City in the amount of$200,000 to
qualify for the tax credit. The proposed in-kind contribution is:
I. Public Arts Fee of $1 09,260 - The City Code already provides a waiver of this fee for affordable housing
developments.
2. Reduction of the Park and Recreation fee from $101,640 to $56,295 in deference to the fact that Boynton Bay
provides on-site recreation facilities for residents.
3. A credit issued by the City for construction disposal (for construction of Tower I) according to the following
estimate: Tipping Fees at Landfill in the amount of$25,500
Dumpsters/Roll offs - $19,845 @ $125 per pull plus $14.00 per yard (transport to SW A)
Assuming 20 cu. Yd. roll offs
Price per roll off = $125 + (20 x $14.00) = $405 per load
With respect to #3 above, this was the same credit that was authorized by the City Commission for a tax credit proposal for
the Boynton Terrace project in 2002.
ALTERNATIVES: Do not authorize the approval of the tax credit application.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
~C"'~M 'S'
Ity anager signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 AND DIRECTING THE CITY MANAGER TO EXECUTE
6 VERIFICATION DOCUMENTS TO ASSIST THE AUBURN
7 GROUP IN APPLYING FOR LOW INCOME HOUSING
8 T AX CREDITS FOR THE BOYNTON BAY TOWERS I AND
9 II PROJECTS; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, The Auburn Group has requested that the City of Boynton Beach sign and
13 submit 2009 State of Florida Universal Cycle verification documents in support of applications
14 for tax credits to be used for Auburn Group's for Low Income Housing Tax Credits as required
15 by procedures established by the Florida Housing Finance Corporation; and
16 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
17 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
18 authorize the City Manager to execute City verifications in support of the tax credit application
19 of the Auburn Group for Development of a project commonly referred a Boynton Bay Towers I
20 and II to be used for Auburn Group's application for Low Income Housing Tax Credits as
21 required by the Florida Housing Finance corporation.
22 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT:
24
25
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
29 authorizes the City Manager to execute State of Florida 2009 Universal Cycle verification
S:\CA\RESO\Low Income Housing Tax Credits (Auburn Group 2009 Cycle).doc
documents (copies of which are attached as composite Exhibit "1" to this Resolution) in
2
support of a tax credit application on behalf of the Auburn Group for development of Boynton
3
Bay Towers 1 and II (located respectively at N.E 4th Street and N.E 20th Avenue and N.E 3th
4
Street and N.E 20th Avenue) to be used by Auburn Group's for its application for Low Income
5
Housing Tax Credits.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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Section 3:
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _ day of April, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Low Income Housing Tax Credits (Auburn Group 2009 Cycle).doc
Auburn Development, LLC
Auburn Management, Inc.
Florida Affordable Housing, Inc.
Florida Affordable Mortgage Corp.
.
..
Auburn
Group
April 2, 2009
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: 499 Boynton Bay Circle
Dear Mr. Bressner:
We would like to thank you and your staff for taking the time out of your busy schedules to meet
with us regarding our upcoming Housing Tax Credit ("HTC") application to the Florida Housing
Finance Corporation ("FHFC"). The funding application would be for our Boynton Bay Towers
I project located at 499 Boynton Bay Circle. In 2007 Auburn Development, on behalf of The
Hamlet, LTD, moved through the process to rezone this project from Multi-family Residential
District to Planned Unit Development in anticipation of this funding application. There are
specific forms that must be submitted with the application on May 26tfi that require Commission
approval in order for the application to be competitive; we delivered those forms to you at
yesterday's meeting and it is our hope that they will be approved as part of your April 7th agenda.
The specific forms required are as follows:
. Exhibit 21. Local Government Verification o/Qualification as Urban In-Fill
Development. Your staffhas verified that the proposed Development is an area
designated under a Community Development Block Grant (CDBG) as being located on a
site or in an area that is targeted for neighborhood revitalization by the local government.
. Exhibit 26. Local Government Verification of Status of Site Plan Approval for Multi-
Family Developments.
. Exhibit 29. Verification of Availability of Infrastructure - Water
. Exhibit 30. Verification of Availability of Infrastructure - Sewer Capacity, Package
Treatment, or Septic Tank
. Exhibit 31. Verification of Availability of Infrastructure -Roads
. Exhibit 32. Local Government Verification that Development is Consistent with Zoning
and Land Use Regulations
. Exhibit 44. Local Government Verification of Contribution - Fee Waiver
. Exhibit 48. Local Government Verification of Affordable Housing Incentives
Contributions to Affordable Housing Properties or Developments
777 E. Atlantic Avenue · Suite 200 · Delray Beach, FL 33483
Te1561-278-3901 · Fax 561-278-3903 · www.aubumgroup.net
. Exhibit 49. Local Government Verification of Affordable Housing Incentives
Modification of Fee Requirements for Affordable Housing Properties or Developments
. Exhibit 50. Local Government Verification of Affordable Housing Incentives Impact of
Policies, Ordinances, Regulations, or Plan Provisions on Cost of Affordable Housing
Properties or Developments
We are attaching specifics on the project for your use. Again, thank you for your continued
support as we endeavor to create 110 units of much needed affordable rentals for Boynton Bay's
senior citizens. This "In-Kind" contribution by the City of Boynton Beach will bring in as much
as $13,811,119 in Housing Tax Credit equity to the community.
Sincerely,
~-'U
Brian J. Hinners, CEO
'<,
Attachment( s)
Page Z
Boynton Bay Towers I 41212009 15:05
Schedule of Fees
110 Units
Total Hard Cost 10,926,000
PERMIT FEES Percent AMOUNT
Permit Fees 2% 251,298
Art Fees'" 1% 109,260
Plan Filing Fees 30% 75,389
Total Fees 435,947
CITY IMP ACT FEES Per Unit TOTAL
Recreation 924 101,640
Total City Impact Fees 101,640
UTILITY CONNECTION FEES
Water
One Bedroom
Two Bedroom
Sewer
One Bedroom
Two Bedroom
Total Utility Connection Fees
Per Unit
TOTAL
897.60
1346.40
59,242
59,242
532.00
798.00
35,112
35,112
188,707
'" Automatic Fee Waiver
Total Needed
1 09,260
90,740
Boynton Bay Towers, 2009 Competitive 9 % HC Applications
499 Boynton Bay Circle, Boynton Beach. FL 33435
Formal Request for $200,000 Local Government Contribution
Required to Achieve Maximum Points for each of:
BOYNTON BAY TOWERS I
AND
BOYNTON BAY TOWERS II
Auburn Development LLC. 777 East Atlantic Avenue Suite 200 · Delray Beach, FL 33483
Contact: Brian Hinners · 561-278-3901, ext. 112 · brian@auburngroup.net
PART I: Background of the Request
In Part IV, Section I, subpart A of the Florida Housing Finance Corporation ("FHFC") 2009
Universal Application for Housing Credit Program ("HC") application, applicants can receive up to
5 points for Local Government contributions. In order to be considered competitive and move on
the next threshold item, our applications must take all 5 points possible for Local Government
contributions. In order to be eligible for the points, applicants must obtain a Local Government
contribution with a value equal to or greater than the amounts listed on a published County
Contribution List, in the case of Pahn Beach County it is $200,000, and demonstrate such
contribution by providing the properly completed and executed Local Government Verification of
Contribution form(s). To qualify for points, the amount of the contribution stated on the
application form(s) must be a precise dollar amount and cannot include words such as estimated, up
to, maximum of, not to exceed, etc. and each Local Government Verification of Contribution form
must reflect certain dates. Under the FHFC application process, Boynton Bay Towers I and
Boynton Bay Towers II would be considered separate and distinct applications each of which must
receive its own Local Government contribution with a present value basis of $200,000. The forms
that are required to be certified for this effort are included in this package.
PART II: History of the Existing Boynton Bay Community
Photograph: Existing Boynton Bay rental units post substantial rehabilitation.
The existing community is located at 499 Boynton Bay Circle in Boynton Beach, Florida, and was
completed in March 1992 by Florida Affordable Housing Inc ("F AHI"); F AHI is now developing
new properties as Auburn Development LLC. The approximate cost was $15,000,000.
From 1989 until 2007, Florida Affordable Housing Inc. (FAHI) acted in the capacity of developer
and then co-owner of this 240-unit affordable housing community. The community also boasts an
off-site, 18-hour daycare center that serves one hundred and fifty (150) children from the
surrounding Boynton Beach community. FAHI received approval from the Florida Housing
Finance Corporation ("FHFC") for a $2,655,000 State Apartment Incentive Loan (SAIL) second
mortgage loan, ranking 1 st among the 38 applicants in the 1989 funding cycle. The SAIL application
committed to set aside at least 40% of the units for senior citizens. Palm Beach County approved a
$1,000,000 third mortgage 10an, utilizing Community Development Bock Grant (CDBG) funds, on
terms that paralleled the SAIL 10an. The City of Boynton Beach provided a $200,000 10cal grant
toward the effort. Palm Beach County Division of Senior Services has designated Boynton Bay as a
Senior Center, so that our low income senior residents enjoy the benefits of a free noon meal in our
clubhouse, free bus and van transportation for shopping, medical visits and recreational trip and
access to an experienced senior's daily activities director.
PART III: The Proposed Boynton Bay Towers
In 2007, at the end of the tax credit compliance period regulated by the funding program
requirements, Auburn Development applied for and was awarded Multi-family Mortgage Revenue
Bonds with an allocation of 4% Housing Credits. With this financing vehicle, Auburn Development
acquired and is currendy the co-owner and managing general partner of the Boynton Bay
community. In 2008, after acquiring the property from the initial ownership, Auburn Development
completed a $7,000,000 substantial rehabilitation of the dwelling units, clubhouse and leasing
buildings in addition to the new construction of a maintenance building shell. The completion of
this work lent itself to a notable community "facelift". By the first quarter of 2009, the newly
renovated Boynton Bay had achieved stabilized operations and continues to be run as one of
Boynton Beach's premier affordable rental properties under the expert care of Auburn Management.
During the compliance period, the Boynton Bay Apartments site was subject to a Land Use
Restriction Agreement ("LURA"). As of March of 2009, the LURA on the two acres at the center
of the existing site was released by the regulatory agency, FHFC, allowing the owner to be able to
sell the land. It is the intention of Auburn Development as an affiliate of the Boynton Bay owner
entity to cause this land to be sold to two new owners, each formed by Auburn Development for
the purpose of applying for two separate allocations of 9% LIHTCs, with which Auburn
Development would enter into each of the two new ownership agreements and construct new rental
units on the land. The first application would be referred to as Boynton Bay Towers I and consists
of 110 family rental units in two mid-rise buildings. The second application will be referred to as
Boynton Bay Towers II, it will be designated elderly and consist of 70 rental units in one mid-rise
building. A list of the proposed amenities can be found in Part IV: Proposed Program for Boynton
Bay Towers. It should be noted that Auburn Development is also committed to Green Building
and intends to provide at least 10 Green Building options.
The application cycle for 2009 Housing Credits will close on May 26, 2009. The Preliminary Scores
will be issued by FHFC on June 17,2009 and Final Scores will be issued by August 13, 2009. The
site must be properly zoned at the time of application submission, therefore, in May of 2007, in
anticipation of these applications, Auburn Development, on behalf of the current property owner,
The Hamlet, LID, successfully met the Planning and Zoning requirements to change the existing R-
3 Multi-Family Residential to a Special High Density Residential land use with zoning for a Planned
Unit Development. Auburn Development was impressed by the commitment to the project of the
Boynton Beach city staff in this effort. The Master Plan and elevations for the proposed community
are as indicated in Attachment A.
Zoning:
Location:
Parcel Size:
No. Units:
PART IV: Proposed Program for Boynton Bay Towers I and II
The site has been reclassified from High Density Residential (HDR, max, 10.8
dwelling units/ acre) to Special High Density Residential (SHDR, max, 20 dwelling
units/acre) on the Future Land Use Plan, and rezoned from the Multi-family
Residential (R-3) District to Planned Unit Development (PUD). For additional
information see attached Development Department Planning & Zoning Division
Memorandum No. PZ 07-052.
499 Boynton Bay Circle
Boynton Beach, FL
21.07 acres total as is. There are 2.13 acres at the center of the existing rental
community that will be divided as necessary to construct the improvements and sold
to each new respective partnerships. There will be two separate applications for
funding, therefore two separate partnerships.
180 total. Buildings I and II shall contain 70 units + / - each and Building III shall
contain 40+ / -. There will be one application referred to as Boynton Bay Towers I
that will include the westernmost building, denoted on the Master Plan as Building I
(70 units) and a second application referred to as Boynton Bay Towers II that will
include the middle and easternmost Buildings, denoted on the Master Plan as II and
III (110 units) (see Master Plan attached).
No. of Stories: The buildings will be 6 stories in height, stepped from a 4-story to 5 story at the
wings and 6 stories in the middle of the Building on Buildings I and II. Building III
is all 6-story. (See attached architectural elevations)
Unit Types: The total unit count across the three (3) buildings will be 180. There will be two unit
types offered and they shall be: a 2-bed/2-bath in a "dual master" layout with a
bedroom and bathroom on each side of a shared living/ dining/kitchen area, one
bathroom will have a full tub with shower and the second bathroom will have a
shower only for persons who have difficulty getting in and out of the tub. The
second unit type will be a 1-bed/ 1-bath unit with a tub and shower in the bathroom.
Buildings I and II will each be made up of (42) 1-bedroom units and (28) 2-bedroom
units and Building III will be made up of (24) 1-bedroom units and (16) 2-bedroom
units.
Unit SF:
GSF:
Elevator:
Corridors:
Funding:
The minimum square footage ("SF") of living area allowed by the City of Boynton
Beach Code of Ordinances is 750, therefore, the i-bed units will be 750 SF and 900
SF will be used for a 2-bedroom unit.
For the Boynton Bay Towers I application, the approximate GSF of the dwelling
units given the Unit SF shall be 89,100; with a 28% grossing factor (maximum) for
support and common areas, the GSF of the two buildings becomes 114,048. For
Boynton Bay Towers II, which will be funded under a separate application, the
approximate GSF of the dwelling units given the Unit SF shall be 56,700, with a 28%
grossing factor (maximum) for support and common areas, the GSF of the one
building becomes 72,576. The building footprints on the Master Plan shall be
adjusted according to final mix and layout.
As required by code but not less than 2 per building.
Corridors are to be interior and conditioned.
9% allocation of Low Income Housing Tax Credits ("LIHTC").
Amenities Required by Funding (Applicable to Both Applications):
. 30 year expected life roofing on all buildings (2 points)
. Marble window sills in all units (1 point)
. At least 1-1/2 bathrooms (one full bath and one with at least a toilet and sink) in all
2-bedroom new construction units (2 points)
. Pantry in kitchen area in all units - must be no less than 20 cubic feet of storage
space. Pantry cannot be just an under- or over-the-counter cabinet. (2 points)
. Dishwasher in all new construction units (1 point)
. Garbage disposal in all new construction units (1 point)
. Exercise room with appropriate equipment (1 point)
. Outside recreation facility (such as shuffleboard court, putting green, tennis court,
full basketball court, volleyball court, etc.) For purposes of Boynton Bay we are
proposing a Bocce Ball Court.(2 points)
. Library consisting of a minimum of 100 books and 5 current magazine subscriptions
(1 point)
. Computer lab on-site with minimum one computer per 50 units, with basic word
processing, spreadsheets and assorted educational and entertainment software
programs and at least one printer (1 point)
. Each unit wired for high speed internet (1 point)
. Laundry hook-ups and spare for full-size washer and dryer inside each unit (1 point)
. Air conditioning in all units
. Window treatments for each window and glass door inside each unit.
. Termite prevention
. Peephole on all exterior doors
. Exterior lighting in open and common areas
. Cable or satellite TV hook-up in all units
. Full-size range, oven and refrigerator in all units
. Bathtub with shower in at least one bathroom in at least 90% of the new
construction non-elderly units.
. Programmable thermostats in each unit
. Showerheads that use less than 2.5 gallons of water per minute
. Faucets that use 2 gallons of water per minute or less in the kitchen and all
bathrooms
. Toilets that have dual flush options which include 1.6 gallons of water or less
. Energy Star qualified lighting in all open and common areas
. Energy Star rating for all refrigerators, dishwashers and washing machines that are
provided by the Applicant.
. Energy Star rating for all windows in each unit.
. Daylight sensors or timers on all outdoor lighting.
. Florida Yards and Neighborhood certification on alllandscaping
. Energy Star rated reversible ceiling fans in all bedrooms and living areas.
Amenities Required by Funding (Boynton Bay Towers I only):
. Community center (3 points)
. Playground/ tot lot, accessible to children with disabilities (must be sized in
proportion to Development's size and expected resident population with age-
appropriate equipment)(2 points)
Amenities Required by Funding (Boynton Bay Towers II only):
. Swimming pool (2 points)
. Car care area (for car cleaning/washing) (1 point)
. Picnic area with hard cover permanent roof of a design compatible with the
Development, open on all sides, containing at least three permanent picnic tables
with benches and an adjoining permanent outdoor grill (1 point)
. Laundry facilities with full-size washers and dryers available in at least one common
area on site (1 point)
All other decisions will be made based on code, and the governmental approval process.
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MASTER PLAN
.~..
BOYNTON My
"Oil'."" C..(llll'
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS
OF SITE BAN AROVALFO RMULID'AMILYDVELOltIENTS
Name of Development: Boynton Bay Towera I
. NE 4t11 Street and Boynton Bay Circle, Boynton Beach
Development Location:
(Ala mininllm, provide !be addn:ss astigned by the United ~ POltal SCI'1Iice. including the addms 11Ul11b<<. street name and dIy, 01' iflbe address has nol yel
beeD aUgned, provide lhe streel name. cloleSt designated intenecUDn and city.)
Development Type: Mid-rise with Elevator
(Part Ill.AA of 1009 Universal C)'de Applialtion)
Total Number of Units in Development:
110
(Part IlIA. 6. ono09 Univl!l'sa1 Cycle AppliaWon)
Zoning Designation:
Mark the applicable statement:
1. 0 The above-referenced Development is new constmction or rehabilitation with new construction and tbe
:fUlal site plan, in the zoning designation stated above, was approved by action of the
on
(Lelfl1ly Authorized Body*)
Dale (mmJddlyyyy)-
2. 0 The above-referenced Development is new construction or rehabilitation with new construction and this
jurisdiction provides either preliminroy site plan approval or conceptual site plan approval. The
prelimin81Y or conceptual site plan, in the zoning designation stated above, was approved by action of
the on
(Lel!llllY Authorized Body*)
Detc( mm1dd1yyyy) **
3. One above-referenced Development is new constmction orrehabilitation wilh new construction and
requires site plan approval for the new construction work. However, this jurisdiction provides neither
preliminll.l)' site plan approval nor conceptual site plan approval, nor is any other similar process
provided prior to issuing final site plan approval. Although there is no preliminary or conceptual site
plan approval process and the fmal site plan approval has not yet been iS9Ued, the site plan, in tbe zoning
designation stated above, was reviewed by
on
(Lelfl1ly Authoriud Body*)
Dete(mmfddlyyyy) **
4. 0 The above-referenced Development, in the zoning designation slated above, is rehabilitation without any
new construction and does not requinl additional site plan approval or similar process.
* "Lcplly Autharized Body" is nol aninclividual. Applicant mwt slale th.e name ofl.be City Council. COUIlty Canmi.liOll. Baaed. Dcpallmenl, DjYilion. etc.,
with. a~orily OVtl' such matlf<s.
- Dole musl be "OIl orbelbre" the Application Deadline.
CERTIFICA nON
I certify that the City/County of
(Name of City 01' CoUDly)
site pllll approval as specified above and I further certifY that the infonnation stated above is true and com:ct.
has vested in me the 81Jthority to verify status of
Signature
Print or Type Name
Print or Type Title
This certification must be si~ned by the applicable City's or County's Director of Planning and Zoning, chief appointed
official (staff) responsible for <Ietennination of issues related to site plan approval, City Manager, or County
ManagcrlAdministrator/Coordinatof. Signatw'es &om local elected officials arc notaeoeptable, nor arc other signatories. If
this certifiealion is applicable to this Development and it is inappropriately signed, the Application will fail to meet threshold.
If Ibis certification contains corrections or 'white-out', or if it is scanned, imaged, altered, or retyped, the Application will fail
to mectthremold. The eertificabon may be photocopied.
UA1016 (Rev, 5-09)
61-48004(1)(0); 61-21.001(1)(0). PAC,
Exhibit ~
2009 UNIVERSAL CYCLE - VERIFICATION OF AVAILABILITY
OF INFRASTRUCTURE - WATER
Name of Development Boynton Bay Towers 1
NE 4th Street and Boynton Bay Circle, Boynton Beacb
Development Location:
(AtamiDiR1lll\. provide 1headdml assigned by Ihe United Statespo.lal Service, indudinglheaddrcslnwnber,llreel.nameand city, oriflhe address bas nol yet
been assigned, provide Ibe slreetnarne, closest designated int.el1edion and city.)
The undersigned service provider confirms that on or before 05/0112009
Dale (mmfddlyyyy)*
1. Potable water is available to the proposed Development.
2. There are no impediments to the proposed Development for obtaining potable water service
other than payment of hook-up or installation fees, line extensions to be paid for by the
Applicant in connection with the construction of the Development, or other such routine
administrative procedure.
3. To the best of our knowledge, no variance or local hearing is required to make potable water
available to the proposed Development.
4. To the best of our knowledge, there are no moratoriums peltaining to potable
water whidJ. are applicable to the proposed Development.
* Date must be - on or befoce" lite Application Deadline,
CERTIFICATION
I certify that the foregoing information is true and correct..
City of Boynton Beach
Signature Name of Entity Providing Service
_KurtBr~sn~__________________ _!po ~J~~l!..ton Be~~l1~u.!eva~______
Print or Type Name Address (street address, city, state)
City Manager
Print or Type Title
Boynton Beacb FL
561-742-6010
Telephone Number (including area code)
This certificlllion may not be signed by the Applicant, by any I'elated parties of the Applicant. or by any Principals
or Financial Beoeficiwies of the Applicant. In addition, signatures from local elected officials are not acceptable.
If the certificltion is applicable to this Development and it is inappropriately signed, the Application will fail
threshold.
If this certification contains corrections or 'white-out', or if it is scanned, imaged, altered, or retyped, the
Applicstion will fail to meet threshold. The certification may be photocopied.
UAI016 (Rev, 5--09)
61-4llID(IXo);6'l-JI1llI3(IXo>.' AC.
Exhibit ~
2009 UNIVERSAL CYCLE - VERIFICATION OF A V AILABILIlY OF
INFRASTRUCTURE - SEWER CAPACITY. PACKAGE TREATMENT. OR SEPTIC TANK
Name of Development Boynton Bay Towers I
NE 4th Slrc:c:t and Boynton Bll.Y Circle:, Boynton Bc:ach
Development Location:
(Ala minilWm, provide theaddrm assigned by the United SIaleIPo.1lII Service.includingthe address number, SLreetnamclllld city, or if the addrCS8 bas nol yet
been assigned, provide 1m slleetname, closes! designated intencclionand city.)
The undersigned service provider or permitting authority confinns that on or before 0510112009
Date (mmJddlyyyy)*
1. Sewer Capacity, Package Treatment, or Septic Tank is available to the proposed
Development.
2. There are no impediments to the proposed Development for obtaining the specified waste
treatment service other than payment of hook-up or installation fees, line extensions to be paid
for by the Applicant in connection with the construction of the Development, or other such
routine admini&.rative procedure.
3. To the best of our knowledge, no variance or local hearing is required to make this service
available to the proposed Development.
4. To the best of our knowledge, there are no moratoriums pertaining to this service, which are
applicable to the proposed Development.
* Date must be 0' on or before" the Application Deadline.
CERTIFICATION
I certify that the foregoing information is true and correct.
Signature
City of Boynton Bellch
Name of Entity Providing Service
100 East Boynton Beach Boulevard
Address (strecl adclres s, city. state)
_Kurt Bressner
Print or Type Name
City Manager
Print or Type Title
Boynton Bea.ch FL
561-742-6010
Telephone Number (including area code)
This certification may not be signed by the Applicant, by any related parties of the Applicant, or by any Principals
or Financial Benefitiaries of the Applicant. In addition, signatures from local elected officials are not acceptable.
If the certific8l:ion is applicable to this Development and it is inappropriately signed, the Application will fail
threshold.
If this certification contains corrections or 'white-out', or if it is scanned, imaged, altered, or retyped, the
Application will fail to meet threshold The certification may be photocopied.
UAI016 (Rev. :5-09)
67-48.lII<l(IXa); 67-21 Jm(tXol. F,A,C.
Exhibit ~
2009 UNIVERSAL CYCLE - VERIFICA nON OF A V AILABILI1Y OF
INFRASTRUCTURE - ROADS
Name of Development: Boynton Bay Towers I
NB 4th Street and Boynton Ba.y Circle, Boynton Beach
Development Location:
(Ala minimlm, provide !headdress assigned bylhe lJnilcd SlatesPoslal Service, includinglheaddressnumber. slreetnamc and city, or if the address has nol yet
becnassillJllld.provide the slreetname. cloRSl designaWl in\meclionancl city.)
The undersigned local government representative confiIms that on or before 05101/2009
Date Ctnm/ddlyyyy)*
1. Exi&ting paved roads provide access to the proposed Development or paved roads will be
constructed as pmt of the proposed Development.
2. There are no impediments to the proposed Development using the roads other than payment of
impact fees or providing curb cuts, turn lanes, signalization, or securing required final
approvals and permits for the proposed Development.
3. The execution of this verification is not a granting of traffic concurrency approval for the
proposed Development.
4. To the best of our knowledge, there m'e no moratoriums pertaining to road usage which are
applicable to the proposed Development.
"'Date musth. "on orhefore- the Application Deadline,
CERTIFICATION
I certify that the foregoing information is 1rue and correct.
City of Boynton Beach
Name of Local Government
Signature
KurtBr~ssDq_____________
Print or Type Name
J.QO East Boynton Beach Boulevard ______
Address (street address. city. state)
City Manager
Print or Type Title
Boynton Beach FL
561-742-6010
Telephone Number (including area code)
This certification may not be signed by the Applicant, by any related parties of the Applicant, or by any Principals
or Financial Beneficiaries of the Applicant. In addition, signatures from local elected officials are not acceptable.
If the cedificltion is applicable to this Development and it is inappropriately signed, the Application will fail
threshold
If this certification contains cOlTections or 'Mite-out', or if it is scanned, imaged, altered, or retyped, the
Application will fail to meet threshold. The certification may be photocopied.
UA1016 (Rev, 5-09)
67-4ItlXl4;:tXoJ; 67.2I.oo3(IXo>. fl,A,C;,
Exhibit ~
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION THAT DEVELOPMENT IS
CONSISTENT WITH ZONING AND LAND USE REGULATIONS
Name of Development: Boynton Bay Towel'8 I
NE 4th Stre:e:t and Boynton Bay Circle:, Boynton Beach
Development Location:
(Ala mininum. provide !headdress usigned by \he United Slales Postal Service, including the addressnumbl!l', .tzeetname and city, orifthe address has not yet
bemusigne4. provide the SIred name. closest designaLed inlenecliOlland city.)
Development Type: Mid-rise: with Elevator
(Pad.1ll.A.4. of 2009 Univl!l'llIl Cyde Application)
Total Number of Units in Development: 110
(Parlllr.A.i5. on009 Universal Cycle ApplicatiOJl)
The undersigned Local Government official confirms that on or before 0510112009
Dale(mm'ddlyyyy)*
(1)
The number of units (not buildings) allowed for this development site (if restricted) is: ~
and/or
if a PUD, the number of units (not buildings) allowed per development site is:
or
if not a PUD and development site is subject to exilting special use or similar permit, number
of units allowed for this development site is: ; and
(2)
(3)
The zoning designation for the referenced Development site is SHDR
; and
The intended use is consistent with current land use regulations and the referenced zoning
designation or, if the Development consi~ of rehabilitation, the intended use is allowed as a
legally non-conforming use. To the best. of my knowledge, there are no additional land use
regulation heatings or approvals required to obtain the zoning classification or density
described herein. Assuming compliance with the applicable land use regulations, there are no
known conditions which would preclude construction or rehabilitation (as the case may be) of
the referenced Development on the proposed site.
* Dale must. be .on or befurr:" the Application Deadline,
CERTIFICATION
I certify that the City/County of City of Boynton Beach has ve~ed in me the authority
(Name ofCilylCounly')
to verify consistency with local land use regulations and the zoning designation specified above or, if
the Development consists of rehabilitation, the intended use is allowed as a "legally non-conforming
use" and I further certifY that the foregoing information is true and COtTect. In addition, if the proposed
Development site is in the Florida Keys Area as defined in Rule Chapters 67-21 and 67.48, F.A.C., I
further certify that the Applicant has obtained the necessary Rate of Growth Ordinance (ROGO)
allocations from the Local Government.
Signature
Print or Type Name
Print or Type Title
This certification must be signed by the applicable City's or County's Director of Planning and Zoning, chief
appointed official (sta:ff) responsible for detennination of issues related to comprehensive planning and zoning,
City Manager, or County Manager/Administrator/Coordinator. Signatures from local elected officials are not
acceptable, nor are other signatories. If the certification is applicable to this Development lIlld it is
inappropriately signed, the Application will fail to meet threshold.
If this certification contains corrections ot' 'white-out', or if it is sClIllned, imaged, altered, or retyped, the
Application will fail to meet threshold. The certification may be photocopied.
UAI016 (Rev. 5-09)
61-048.004(1)(.); 61-2I.l1l13(IX.)' FAC,
Exhibit R-
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICA TION OF
CONTRmUTION - FEE WAIVER
To be eligible to be considered for points, a sheet showing the computations by which the total amount of
each fee waiver is detel'Dlined must be attached to this verification form, Computations should inclnde,
where applicable, waived fee amount per set-aside unit,
Name ofDevelopm eut: Boynton Bay Towcl'll I
NE 4th Str<:et and Boynton Bay Circle, Boynton Beach
Development Location:
(At a miniIlUm. provide theadcltess asslgped by the United Stales Poshll Service, including Ibe address number, s1reelll8llle and city. or if the address has nol yet
been aailllled, provide tho Met name, closest deai8J13led intersection and city.)
Amount of Fee Waiver: $ . Is this amount based upon aper set-aside (affordable) unit
computation? CJ yes 0 no (check one)
On or befol'e
Date (mm/ddlyyyy)'"
the City/County of ~oynton Beacb
(Name of City/County)
. pursuant to
, waived the following fees:
(Reference Official Action. cite Q-dinance or Resolution Number and Date)
No consideration or promise of consideration has been given with respect to the fee waiver. For l)urposes ofthe
foregoing, the promise of providing affordable housing does not constitute consideration. This fee waiver is
provided specifically with respect to the proposed Development.
The following government point of contact can verifY the above stated contnbutioo:
Name ofGovemment Contact:
Address (street address lKld cily):
Telephone Number:
"'Dale mustbc"on or before" the Application Deadline.
CERTIFICA TION
I certify that the fORgoing information and the computations stated on the sheet attached to this fann are tlUe and
correct and that this commitment is effective through
Date (rnm/<ldlyyyy)
Print or Type Name
Signature
Telephone Number
Print or Type Title
NOTE TO LOCAL GOVERNMENT OFFICIAL: Waiven that arc not specifically made for the benefit of this
Development but arc instead of gcnenl benefit to the arca in whieh the Development is 10\lated will NOT qualify as a
contribution to the Development Further, the faet that no impact fees or other fees arc I evied by a local jurisdiction for ANY
typc of development DOES NOT eonstitutc a "Loeal Govenuncnt Contribution" to the proposed Development. Similarly, if
mch fccs ARE lllvicd by the loeal jurisdiction but the nature of the proposed DevelClpment exempts it (e.g., typically, a
Rehabilitation Development is not subject to impa\lt fees), for purposes of this fOllD, no "Loeal Government Contributian"
exists and no points will be awarded.
1bis certification must be signed by the \lhief appointed offieial (staff) responsible for such approvals, Mayor, City Manager,
County ManagerlAdminislratorlCoordinator, Chairperson of the City COlUldIJCommission or Chairperson of the Board of
COlUlty Commissioners. Other signatories arc not acceptable. The Applicant will not receive credit for this contribuuon if the
eertification is improperly signed. To be considered fOl' points, thll amount of the contribution stated on this fonn must be a
precise dollar amount and cannot include words such as estimated, up to, maximum of, not to cxcced, lite.
This contribution will not bc considered and the Applicauon will fail threshold if the certification eontains COJTeetions or
'white-out' or if the certification is scanned, imaged, altered, or retyped. The cerlification may be photocopied.
The Application may still be eligible for automatic points.
UAI016 (Rev. 5-09)
61-48.lJO.1(IXol; 61-JI.IIE(IXol. F,AC,
Exhibit ~
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE
HOUSlNG INCENTIVES EXPEDITED PERMlTIlNG PROCESS FOR AFFORDABLE HOUSING
Name of Development: BoynlonB..yTowersI
NE 4th Street and Boynton Ba.y Circle. Boynlon Beaoh
Development Location:
(Ala minimlm, provide 1be.ddrell asEi.gned by the United Stales Postal Service, incIuding1he addressnurnbor, slree! MlM and city, or iflbe address baSMt yet
bee.n asligncd. prmde ~ snet namo, closest desigD8led lnIencdionand city.)
Name of City or County Government: city of Boynton Bea.ob
Name of Jurisdiction that will issue building pelmits: City of Boynton Bcacb
The City/County of city of Boynton Bca.ch
(Name of City or County)
cun'ently administers an expedited
penniUing process for affordable housing enacted by
adopted
Date (mm/ddlyyyy)
(Ordinance. Resolution Number or citation of policy)
CERTIFICATION
I certify that the above information is true and correct.
Signature
Print or Type Name
Print or Type Title
This certification must be signed by the chief appointed official (staft) responsible for issues related to
this incentive. Mayor, City Manager, County Manager/ Administrator/Coordinator, or Olairperson of
the City CounciVCommission or atairperson of the Board of County Commissioners. Other
signatories are not acceptable. Zero points will be awarded if the certification is improperly signed.
Signatory must be a represmtative of the local govemment that has enacted the incentive. For
purposes of this fonn only, if a Development is located within a municipality but the incentive is not
available in the city, Applicant may use county incentive. For example, if a Development is located in
a town which does not have impact fee requirements but the county has such requirements and they
have a reduction or waiver of these fees for affordable housing, the Applicant may submit a properly
executed Local Government Verification of Affordable Housing Incentives FOlm from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
certification contains corrections or 'white-out' or if the certification is scanned, imaged, altered, or
retyped. The certification may be photocopied.
UA1016 (Rev. 5-09)
61-<B.lII4;lXa); 61-:21,00l(IXa). PA.C.
Exhibit ~
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE
HOUSING INCENTIVES CONTRIBUTIONS TO AFFORDABLE HOUSING PROPERTIES
OR DEVELOPMENTS
Name of Development: Boynton Ba.y Towers I
NE 4tb Str~t a.nd Boynton Ba.y Circle, Boynton Bea.ch
Development Location:
(Ala minirwm, provide IItcaddress asligned by lbe United Slates Postal Service, indudillg lbe address number, slteet name and city, or iflbc address bas not yet
been assigned, provide the sIleet name, closest designated interseclion and city.)
Name of City or County Government City of Boynton Bea.ch
The referenced Local Government has an on-going and CUlTent process for providing contributions to
affordable housing properties or developments.
CERTIFICA nON
I certifY that the above information is true and COlTect.
Print or Type Name
Signature
Print or Type Title
This certification must be signed by the chief appointed official (stafl) responsible for issues related to
this incentive, Mayor, City Manager, County Manager/Administrator/Coordinator, or Chairperson of
the City CounciVCommission or atairperson of the Board of County Commissioners. Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local government that has enacted the incentive. For purposes of this folUl only, if a Development is
located within a municipality but the incentive is not available in the city, Applicant may use county
incentive. For example, if a Development is located in a town which does not have impact fee
requirements but the county has &Ich requirements and they have a reduction or waiver of these fees
for affordable housing, Ute Applicant may submit a properly executed Local Government Verification
of Affordable Housing Incentives FOlUl from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
certification contains corrections or 'white-out' or if the cCltification is scanned, imaged, altered, or
retyped. The certification may be photocopied.
UAI016 (Rev. 5-09)
67-48.IIJ40XO); 67.21.lJ03(IXo). F .A.C.
:&hibit ~
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE
HOUSING INCENTIVES MODIFICATION OF FEE REQUIREMENTS FOR AFFORDABLE
HOUSING PROPERTIES OR DEVELOPMENTS
Name of Development: Boynton Bay Towers I
NE 4th Street and Boynton Bay Circle, Boynton Beacb
Development Location:
(Ala minitrIIUI. provide thealldress asligned by lbe United Sta\es Postal Service, including thc addrcssnumbcr. snet mine and cily, or if the address has nol yet
been assigned. prlNide ~ street name, c10resl designated interscdionand cily.)
Name of City or County Government: Cityof:SoyntonBeacn
The referenced Local Government currently makes available to affordable housing properties or
developments the modification of fee requirements, including a reduction or waiver of fees and alternative
methods of fee payment.
CERTIFICATION
I certify that the above information is true and correct.
Signature
Print or Type Name
Print or Type Title
This certification must be signed by the chief appointed official (staff) responsible for issues related to
this incentive, Mayor, City Manager, County Manager/Administrator/Coordinator, or Olairperson of
the City CounciVCommission or atairpcrson of the Board of County Commissioners. Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local government that has enacted the incentive. For purposes of this form only, if a Development is
located within a municipality but the incentive is not available in the city, Applicant may use county
incentive. For example, if a Development is located in a town which does not have impact fee
requirements but the county has such requirements and they have a reduction or waiver of these fees
for affordable housing, the Applicant may submit a properly executed Local Government Verification
of Affordable Housing Incentives Form from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
certification contains corrections or 'white-out' or if the certification is scanned, imaged, altered, or
retyped. The certification may be photocopied.
UA1016 (Rev. 5-09)
67-'l8.oo04(1Xo); 67.)IOO3(IXol. F .A.C.
Exhibit ~
2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICA nON OF AFFORDABLE
HOUSING INCENTIVES IMPACT OF POLICIES, ORDINANCES, REGULATIONS, OR PLAN
PROVISIONS ON COST OF AFFORDABLE HOUSING PROPERTIES OR DEVELOPMENTS
Name ofDevelopment:Boynton BayTow~rs I
NE 4th Street and Boynton Bay Cirol~, Boynton B~aob
Development Location:
(Ala rnima.m, provide !headdress aslilP1ed by1be United Stales PDstal Smicc, including lb. address number, street name and city, or if Ihe addrea bas nol yol
been aslilllled, provide ~ street mrne. clo8e'l1 designated lnlmcctionand city.)
Nlme of City or County Government: City of Boynton Bca.ch
The referenced Local Govemment currently has a process, estahlisbed by ordinance, resolution, plan, or policy,
that requires consideration of the impact of proposed policies, ordinances, regulations, or plan provisions on the
cost of affordable housing prior to adoption of such policies, ordinances, regulations, or plan provisions.
CERTIFICATION
I certify that the above information is bue and com~ct.
Signature
Print or Type Name
Print or Type Title
This certification must: be signed by the chief appointed official (staft) responsible for issues related to
this incentive, Mayor, City Manager, County Manager/Administrator/Coordinator, or O1.airperson of
the City Council/Commission or Olairperson of the Board of County Commissioners. Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local government that has enacted the incentive. For purposes of this fonn only, if a Development is
located within a municipality but the incentive is not available in the city, Applicant may use county
incentive. For example, if a Development is located in a town which does not have impact fee
requirements but the county has &.Ich requirements and they have a reduction or waiver of these fees
for affordable housing, the Applicant may submit a properly executed Local GQvernment Verification
of Affordable Housing Incentives Form from the county.
The Applicant will not receive credit for this incentive and the Application will fail thre~old if the
certification contains con"ections or 'white-out' or if the certification is scanned, imaged, altered, or
retyped. The certification may be photocopied.
UA1016 (Rel/. 5-09)
67-4110l4(1)(o); 61.21.003(1)(0). p.A.e.
Exhibit ~
Auburn Development, LLC
Auburn Management, Inc.
Florida Affordable Housing, Inc.
Florida Affordable Mortgage Corp.
.
..
Auburn
Group
April 2, 2009
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: 499 Boynton Bay Circle
Dear Mr. Bressner:
We would like to thank you and your staff for taking the time out of your busy schedules to meet
with us regarding our upcoming Housing Tax Credit ("HTC") application to the Florida Housing
Finance Corporation ("FHFC"). The funding application would be for our Boynton Bay Towers
I project located at 499 Boynton Bay Circle. In 2007 Auburn Development, on behalf of The
Hamlet, LTD, moved through the process to rezone this project from Multi-family Residential
District to Planned Unit Development in anticipation of this funding application. There are
specific forms that must be submitted with the application on May 26th that require Commission
approval in order for the application to be competitive; we delivered those forms to you at
yesterday's meeting and it is our hope that they will be approved as part of your April ill agenda.
The specific fOlms required are as follows:
. Exhibit 21. Local Government Verification of Qualification as Urban In-Fill
Development. Your staffhas verified that the proposed Development is an area
designated under a Community Development Block Grant (CDBG) as being located on a
site or in an area that is targeted for neighborhood revitalization by the local government.
. Exhibit 26. Local Government Verification of Status of Site Plan Approvalfor Multi-
Family Developments.
. Exhibit 29. Verification of Availability of Infrastructure - Water
. Exhibit 30. Verification of Availability of Infrastructure - Sewer Capacity, Package
Treatment, or Septic Tank
. Exhibit 31. Verification of Availability of Infrastructure - Roads
. Exhibit 32. Local Government Verification that Development is Consistent with Zoning
and Land Use Regulations
. Exhibit 44. Local Government Verification of Contribution - Fee Waiver
. Exhibit 48. Local Government Verification of Affordable Housing Incentives
Contributions to Affordable Housing Properties or Developments
777 E. Atlantic Avenue. Suite 200 · Delray Beach, FL 33483
Tel 561-278-3901 · Fax 561-278-3903 · www.aubumgroup.net
. Exhibit 49. Local Government Verification of Affordable Housing Incentives
Modification of Fee Requirements for Affordable Housing Properties or Developments
. Exhibit 50. Local Government Verification of Affordable Housing Incentives Impact of
Policies, Ordinances, Regulations, or Plan Provisions on Cost of Affordable Housing
Properties or Developments
We are attaching specifics on the project for your use. Again, thank you for your continued
support as we endeavor to create 110 units of much needed affordable rentals for Boynton Bay's
senior citizens. This "In-Kind" contribution by the City of Boynton Beach will bring in as much
as $13,811,119 in Housing Tax Credit equity to the community.
Sincerely,
~-.~l
Brian J. Hinners, CEO
'<,
Attachment( s)
Page 2
XII. - LEGAL - 2nd Reading
Non-Development
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 ill
Meetinl1. Dates in to City Clerk's Office MeetiM Dates to City Clerk's Office
c=J D~berI6,2008 December 1,2008 (Noon) c=J February 17, 2009 February 2, 2009 (Noon)
c=J January 6, 2009 December 15, 2008 (Noon) c=J March 3, 2009 February 17,2009 (Noon) C,')
0 -..
c') -.,
c=J January 20, 2009 c=J March 17, 2009 ..a ::;;~
January 5. 2009 (Noon) March 2, 2009 (Noon) :x -<0
~ r') .-r,
c=J February 3,2009 ~ }\pril 7, 2009 :::0
January 19,2009 (Noon) March 16, 2009 (Noon) N 1'-c:J
r'IO
0 :::.1:J-<
;:::t:%
-0 cn-l
c=J Announcements/Presentations c=J City Manager's Report ::J: 0
0,2:
ca "
NATURE OF c=J Administrative 0 New Business N .
AGENDA ITEM D Consent Agenda ~ Legal .- ,t'!)
It:
c=J Code Compliance & Legal Settlements c=J Unfinished Business
D Public Hearing c=J
RECOMMENDATION: The revision to the FMLA policy in the Personnel Policy Manual (pPM) is in accordance with
recent federal revisions made by the Department of Labor effective January 16, 2009, This change was presented to the
City Commission on March 17, 2009 for the 1st reading, This is the 2nd reading and public hearing.
EXPLANATION:
The FMLA policy in the Personnel Policy Manual (pPM), Section IV, Benefits, 07, Family and Medical Leave Act (FMLA)
is being updated in accordance with recent federal revisions. 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 IMPACT: The FMLA revision in the PPM is being made to remain in compliance with the updated federal
regulations,
FISCAL IMPACT: 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 injwy incurred in the line of duty,
AL TERNA TIVES: 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
1 )
~\-C7UJ'kV1 --.. -
, City Manager's Signature
Assistant to City Manager ~
Human Resources Department
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
I
I
1 I 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 Janua 16 2009},
35
36
37
38
39
40
.ICAIOrdinanceslPPM Amendments - FMLA (2009) doc
I
i Ii Emplovees granted leave under FMLA are reqUIred to liSt: accrued sIck lea\(~ \vhile onJ"vlt""/\
2 Should sick leave be exhausted while on FMLA leave. emplovees are entitled to use accrued
'1 vacation leave. The accrued paid leave used will be considered FMLA-m:<:>tected leave dl1d
.J
4 ! counted against the FMLA leave entitlement.
5 I When medically necessary. an employee mav take leave intermittently or on a reduced leave
6
7 schedule for his/her own serious health condition or that of a family member. Intermittent._9L.<:!
8 reduced leave schedule is not available fl~r the birth and care or placement of a child.
9
10 A. Entitlcml'nt
11 Employee~; of the City, includin;; key employee~; except '."here expre~;sl) e~(cluded, whl1 h~y~
12 \\orked for the City for at lea~;t 12 months and have worked ul1east 1250 hours during that-~
13 may be entitled to ~ total of ]:2 week:; of unpaid medical leave during an) ] 2 month peril1d,
14 cllmmencing from the first dute of -the-lcme period~ when leave i:; taken lt1f one or--ffiBfe---t+t-~
15 follcw,ing:
16
17 -Birth of a child of UIl employee and to cure for the child:
18 -The placement of Q child ""jth an employee for adoption or fo:;ter care. (l"o:;te1' care require~;
19 s-tal:e- acti on. )
20 ":'1-B care for the spou~;e. child or p<,.rent of W1 employee. but not a parent "in law", if the
21 f{lIllily member ha~; a :;eriuu:; condition: \+t'
22 ..::Att.~11ployee i~; unable to perfC)m1 the function:;~.~~...of the empJ(l~~-',
23 own ~;criou:; health conditil*l-o
24
25 ::f-+te--e+1tj'}I~ettt-i-tl-efftl~.kitve-.k'tf.-l~+;'~:A-'Hf--RtStef-~. e'l. r i re :; itt-4e--eRJ.+tf~-tfl.e
26 1 J month poriod beginning on the date urthe birth or placement.
27
28 Empluyee:;~t-+""MbA-fea-ve-af€'-l~quired h+-use-.al-I--f:t€eFHed-pa-i-d-leave LInd sick time v.4ti-J.e
29 on FI\1L\ leave. Employee~; are entitled to use \'acation time during. an FI\1L.t\ leave t()1' day:; not
30 co\ ered by accrued leaw or :;ick-t-i-m€-;
31
", ll. Continuation of Benefits
-'~
~'1 'fht:' City .;hall cOlltInue gmup health plan coverage for employee:, Oil FML\ IC[l\C for the duralion ("f
- .,
34 the t'ligiblc -emploYt'e'".leU\t'. ('overage ';hall be provided on the '-,ame level and under-4e-~
35 .:ondition:; that coverage \\ould have been providt'd if no leave had been taken. An emplo)ee--et1
36 I'M L/\ leave ..\ithout flii)' sha II pal any dependent coverage and other prern ium:, normally puid. ~
37 payment is dut' in Human Re:;ource.; bJ the 25th of euch month. In the event that un employet'-+ath+
38 return ill \\orl~ after the period of leave cKpires, the Cit) ma) recO\t'r an) premiums the CIty paid lllr
39 covcrnge during ',he leu\'C period. Such recovery can be taken from an) henefit:, or ....ag.e,; O'A ned b\
40 t-he--cit) tu the employt'e.
41 ",. "~"" ,.j " .I..n l' , .L [V '11
.j
T . TUTT"l"CT .." . to' '" .
42 . " ,I, . . ..
r'
..1-'"'
..'
~ '<A'" d",""""rPM A"""d""",, ~ I M! A '"'''''' d,,,
I
"
i .Continuation, reoccurrence or onset of an employee's o'....n seriou~; health condition or that of a I
1 i
2 family member.
3 .Oue to circumstance:; bcyond the control of the employee,
4
5 The employee is required to provide the personnel department with written certification, from the
6 employee's or family member's health care provider, substantiating I and/or 2 above. Failure to return
7 '.'iithin 30 calendar days of the agreed upon date and prO'.'ide the above certification may result in
8 termination and the City may recover premiums paid.
9 C. Definitions
10
11 KEY EMPLOYEES: Salaried employees who are among the highest paid 10% of all employees.
12 FAMIL Y MEMBER: Includes spouse, parents, son and daughtcr. The tel111 spouse means current
13 husband or wife as recognized under sta';e law for purposc of malTiage, The tel111 parent means the
14 biolog;ical parent or individual ,>,ho stands or stood in loco parentis (in the plaee of a parent) to an
15 employees ,,,hen the employee wa~; a child. This term does not include parent "in law". The term son
16 or daughter means biological. adopted or foster child. stepchild, legal v.'ard. or a child of a person
17 standing in loco parenti:;, \\ho either under age 18, or age 18 or older and incapable of self care
18 because ofa mental or physical disability.
19 SPOUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave
20 fcw the bilih, adoption or foster care of a child or the care of a child or parent who has a serious health
21 condition.
22 /\ SERIOUS BEALl'll CONOrnON: is an illness, injul), impairment. physical or mental condition
23 that imohe~;:
24
25 .lncapacity or treatment connccted with inpatient care at a ho~;pital, hospice or re:;idential medical
26 cure facility imolvin3iH1 overnight :;tay,
27 -In capacity rcquiring the absence of three calendar days from '","ork that involvesoontinuing
28 treatment or super\'i~;ion of a health care provider.
29 .Continuing treatmcnt by a health care provider for a chronic long term health condition that if
30 not treated would likely re~;ult in a poriod of incnpacit) of more than 3 calendar day~;.
31
32 I). Requirements
33
34 An employee requesting FML^, Icave shall explnin. in writing, to Human Resources the reasons for
35 the need for such leave. The employee shall give. ....hen foreseeable. 30 days advance notice of the
36 need for F;ML\ lome.rhe City ma:r r04ue~;t a~; much substantiating documentation from the
37 employee a~; it feels l1eces~;al) to make a determination as to whether the reason for the request
38 . . I :.r:".1 "Tl. I , D. ,. n' . ,.J" In, n. ' .,. . ,r, , . r. . I
1'1....... ~un= "t. , H
39 .... " ," ,'. , ---. " ' L d. r......,
.... ,..~ ~ '.J b
40
~ ICAIOrdinanceslPPM Amendments. FMLA (2009).doc
1 II \f/.tiI~tL~E~/\YgJ~Rt;:Q~)r;)J[Q [h e e]l1 pill Y ee -fltttSt~tfk.; ---itt. \tttti-n-~-:--Tt m ed i c ill ~*ci+] 1++11
1
I
- I statin~ the condition und-l-l-te-.~--+B+--kitvt'---1B+m- ~~l1pl')yee'.; ,)r fumil) member'~ffi t-Tt-H:'
" I pfl1\ider \\ ithin ton ( 10) day~; olthe \\ riUen reque~;l j()l~ .A..f+R--I-'I-l4~...(.~--PH}'SIC~A,i"'i~
,1
4 ! PR.\C'ITIlUNER 1'{)R\1 WH 380 :;hall -1)t'- required 1'''',1111 a qualified health care I)J"U\ ider tnf Htl\
5 medical rea.;on cited by the emplo:,ee:~ lit:, may 'Ht+t'H:'ttHC:;! additional Il1formation rrolll"d:H:~R
6 f7Rl"ider but may require the cmpluyee lU ubtain. at the lit)'; expen:ic:.*~,ccond UpIJ~+ftt.. tt+\'
7 :;hall de:;i;;nate the health care provider to furni:;h :;uch .;ecund opiniol1:-,W4he- !\\(' cpinion:;.t"~mntt'L
8 . the lity ma) require the employee. at the city\' expen:,e. to obtain certification from a mlltllally~ee;1
9 I upo~ third healt~ care pruvider 'Ahu':; opinion v,.ill be !ll1al.,Thi:; certification will be~l;ha
]0 ,conltdentJalmedlcal record and the IIlforlllalton '';'111 be dL;clo';ed on~ reqUired h\~
] 1
]2 INTERMITTENT OR RbDUCE.Q.SCIIEQl+l::k Lb.t,."Vt-:-\Vhen medically nece;:,ar77-H-lfeflnittent ,It
13 reduced :;chedule le[l\e~.to an employet"~;'Hwtt-:;eriou, health condition ur--tfl-at--;;4.o
14 family memher. Intermittent or reduced :;clwdule leO\e i~, nol available. for the ~,r rlacemenh+I::'i:l
15 e-ItM
16
17 F~mployee; ~;eeking intennittent or reduced schedule leme ba~;ed on planned medical treatment aft'
18 required to produce certification outlining the dates on which treatment i~; expected and the durution
19 of the troatmonL Employee:, are expected to make a rca~;onable effort. :;ubject to the health ~
20 pro\ider'~; apprO\al, to schedule treatment :;() a:; to notllnduly di:;rupt the City':~ operation:;, Employee:,
21 are required to gi\e the City, through the per:;onnel department thiliy (30) day:; notice or a:;-ffitt€ft
22 notice a:; i'; practicable of their intentioJ)';.
i
," In the event an employee reque:;t:; intermittem-BHeduced :.cheduled leme due tu a famil) member':, ur
~.J
24 the emplo:,ee':; own :;erious health conditiun, the CIt) may elect to temporarily tran:;fer the employee
25 tB---a+t- availahle altemative p,y;iti()JL \\ ith cqui"alellt~ and bCllcfiL 1"'1' \\ hich the empl,)\ee'-h
26 !qUalified and which better accommodate:, the (,":ly\ need:, and that of the emplu)el:
27
28 II f';"-Nottff
II
29 Il'iQIIC~.I'ROM _ELIGIBLE 6.till__~J~Y.EMPlLD~EL~: A- minimum of thirty ()O) day:; advunce
30 notice of an employee':; intent to take leave i; roquired v.'hen it i~; fore:;eeuble dlle-tf'7
3] , .
, ,
II
"') · rht, expected birth of a chi Id.
.J_ I!
33 , I .::J~pocted placement or a child for adoption or fo:;ter care,
It
34 II -Planned medical treatmelH for child. spoLhe ()r parent v, ith a :,erillll:. health condition.
I:
, I
35 II -Planned Ilwdical treatment in the elLe or the employee':, O\\Tl :;eri()u:; health conditiull.
36 Ii
37 1111' leave ha~;-tB- begin in Ie;:; than thirty ~day:; u; -rr~--B-f one uf the abo\'e- refl.:rcnccd
38 l€-ireum:;tance:;, the employee mu;t provide the Cit\. through Human Rc:;ource:;, v,ith a:; mush ad\unce
. . ~
39 notice a:; i'; practicable. Notice mU.;t ee-pn)\ ided in \\Titin;:s to Human Resources-:-In the evcnt notice i;
40 NG+- given in thesc circllm:;tance,;, the employee \\ ill he con:;idored to have taken "unauthorized
4] Ilo[l\e" and '",ill be ~;ubj()ct to appropriato~iplinary action:
42 i
"\CA\Ordlllances.PPM Amcndmcnts . FMLA 1~1)1)l}1 Jue
. r
,
NOTICE FROM THli..iTD'_TQ KEY_liME1QY.f:.E.S.: The Cit) :;hall nOlify a ke) employee before I
1
---.-..---...-.-----
2 leave i:; taken if oconomic injury is fore:;oon at tho time.
3
4 RECER TIFIC'\ TION: ;\n employee who has taken leave because of the employee's own serious
5 healtb condition or that of a family members is required by the City to obtain subsequent written 1'0
6 certification of that medical conditions every five (5) weeks during the duration of the condition. In
7 addition, employees on FML:\ leave are required to report every 2 weeks, in '.\Thing on their status
8 and the intention of the employee to return to work. Failure to report as stated above may subject the
9 employee to disciplinary action for unexcused ab:;ence.
10
11 BJ;J:N.o:L:\.Ip-,-I\1.I;.t{[: Eli;;ible omployees other than key employees. who comply with all pro'iisions
12 of this policy and \\'ho return from I:ML^ leave \\ill be returned to the job position held prior to tho
13 leave. or ma) be placed, at the discretion of the City, in an equivalent position v. ith equivalent
14 benefit;.
15
16 TIlE CITY 1\1,'\ Y DENY RESTOR/\. TION TO ,,\ KEY EMPLOYEE IF:
17 'Denial is neces:;ary to prevent ":;ubstantial and grie'.'ous economic injury" to the employer;
18 2.The City notifies employee of its intent to deny restoration on that basis at the time the City
19 determine:; that ::;uch injury ",.-ould occur and after being notified, the employee elect:; not to
20 return. Tho City shall not don)' the employee the opportunity to take leave (i.e., must notify 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 alreadJ is on leave when the notice is giHlI1, the city ,~hall giye
23 the employee an opportun ity to return to viOrk.
24
25 \Vhile on leave, eligible employees will retain all accrued benefits. An employee ""iIl
26 €efltinue to accrue benefits (yacation. longevity. seniority. side etc.) during FML\ leave
27 (vacation. longevity. seniority, sick. etc.) in accordance 'xith current accrual standards.
28 Reinstated employees are not entitled to any right, benefit or position of employment other
29 than any to "vhich they would have been entitled had they not taken the leave.
30
31 Prior to reinstatement an employee whose leave was based on the employee's ovm ~;erious
32 ~-l+It-condition i;; required to provide. in writing, to the personnel depurtment a certification
33 from the employee's health cure provider that the employee is able to return to '.\'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 ICAIOrdinanceslPPM Amendments. FMLA (2009) doc
i
i Section 5. This Ordinance shaH become effective immediately upon passage
. 111 MftP.CM__
! FIRST READING this 17 day of . .2009
'1 SECOND, FINAL READING and PASSAGE this _ __ day of
-~
4
5 ,2009.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
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10 Mayor Jerry Taylor
11
1:2 ------..__..._.,,-_.._---_.~ -.. ------
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13 Vice Mayor Jose Rodriguez
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15 I
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16 ! Commissioner ~ Ronald Weiland
17 I
18
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19 I Commissioner.- Woodrow L. Hay
I
20 I
21 I
22 Commissioner .. Marlene Ross
'Y'
_.J \ ATTEST:
24
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~) I
26 i
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27 i
28 I Janet M. Prainito, CMC
29 I City Clerk
I
30 i
31
",
.J_
33 (Corporate Seal)
i 'S '.CA\Ordmances",PPM Amendments.. FMI.;\ (2()()<)1 due
An excerot from the:
PERSONNEL PoUCY MANUAL
CITY OF BOYNTON BEACH
07. Family and Medical Leave Act
Family and Medical Leave Ad. (Federal Government Family and Medical Leave Act of 1993~
29 CFR Part 825. as amended Januarv 16. 2009),
Eliqible emolovees of the City of Boynton Beach are entitled to take leave from work for
qualified reasons oursuant to the Federal Reoulatlons of the Family and Medical Leave Act
(FMLA)' Human Resources will orovicle emolovees with infonnation on FMLA and the
required forms. when needed,
Emolovees qranted leave under FMLA are required to use accrued sick leave while on
FMLA, Should sick leave be exhausted while on FMLA leave. employees are entitlecl to use
accrued vacation leave, The accrued paid leave used will be considered FMLA-orotected
leave and counted aqainst the FMLA leave entitlement.
When medicallv 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
olacement of a child.
~ IEAtililemeRl: ----{ Fonn.tted: Strikethrough )
- - ~ - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - ~ --
Emf:)leyees at tJ:te Qty, iOCll:lEliA!j I~' emflleyees ~ 'A'!:lere eEf)r~1 eKCll:IEloo, woo
have w8FIt€S fer the City 19r at least 12 FR9AtJ:1s aRE! !:lave '.vaFkoo at least: 125Q t:lel:lFS
during that time may be entitled to a total at 12 vteek5 of unpaid medicallea\<e during aR)'
12 mORltl period, COfFlFReRCiAg from tOO first: Bate at the leave period, ,<\'heR leave k> taken
for one or more of tRe followiRg:
. Birth of a ct:lild at aR emfJI9l,"ee aRe te c::aFe fer tt:le child:
. The f:)laoomeAt of a dlilt:! witt:l aA emflleyce for acJe~en er fester care, (Fesler care
requiFCS state actieFI,)
. To care for ltle spouse, child or parent of an employee, but not a parent "in law", if
the family member has a ser101:1S condition; or
. The employee is unable to perform the fuACtions of the position, be€ause of the
eFRfllayee's own serious t:lealtR ooAEliaen.
The employee's entitlement to leave fer eirth, aElaptian or foster oare, expires at the end
of the 12 month period beginning on the date of the birth or plaoement.
Employees graFltefl HiLA lea'Je are feEjtlirefl to use all accrued paid lea'..c and sick time
w!:lile eR HiLA leave. Emfll~'ees are entil:led to use vacatieR time during all FMLJ'. leave for
Page 1
- - -~-_.._-- - - -~_.~
I da't's not covered by accrued leave or sick time.. Formatted: Strikethrough
-..------.--
B. CeRtiRHatieR ef Benefits
The City shall coAtiRue gFel::lp healtA I3laA coverage fer eml3l~<ccs eR FHlI. leave for the
dur-atiol1 of the eligible emplO)'ee's leave. CovCfilge shall be I3fevided 011 the same level al1d
unser the same ceAsitions that CO'lCI"age would ha>Je beeR l3fe'lieleEl if 110 ICxfle had l;)ecA
taken. An employee on FHLA leave without pay shall pay any dependent CO\'Crage afld
other premiums normally paid. Such payment is due in Humal1 Resoun:es by the 25th of
each month. In the event that aA employee fails to FCtum to '/lorl< after the period of leave
CKpir-cs, the City ma'; fCCoyer al1,' proFRil::lFfl5 the City l*Iiel fer CEY/Cfil€)e duFil1g the leave
period. Such recol/ery can be taken from any benefits or wages owned by the city to the
employee.
Should the empleyoo fail to r-eb:lm due to the following cilUJmstaoccs the Cit)' will not
attempt to recover such pt'CmiuFflS:
. COR8Al:Ial:iaR, reeCCl::lFl'eA€e ar eAsel af aA emple'foo's own SCfioos healtt:l cOAeli8eA
or that of a family member,
. Due to cin:umst.ances beyoAd the control of the employee.
The emplO'/ee is r<)l:4uirod te pF9Viele tAe perseARel OOl*lrtmeAt 'NitJ:I wffireR certification,
from ttte employee's or family FflefRger's J:leaJU:l care ~er, Sl:lI3&taAtiatiRg 1 aAa;er 2
arotC. Failure to return withil1 30 caleFKlar days of the agreed upol1 date and pt'O\<ide the
abo\'e certification may result in temlil1atioA and the City may recover promiuFflS paid.
C. 9efiRilieRs --- - --_._.~--_._.__._-
J<EY H4PLOYEES:.~~I.~!,!~_~_~~~~_'!'!~_~~_~ffl~~~.~~9.~!~~.~j~_tQ.%_~.~J!._.... _. _.. _....j, Deleted: 11
employces.
FAtUL Y t1Et4BER: lAc:ll:IEIes SpEll::l5e, pareAts, seA aAd dat.l!!Jhlcr, The tCR-T-J SpOl-JSC fflcaAS
Cl:lFR:At husBand or wife as rec:egAizeEll:lAEler state law for pl::lFpElOO of FRaR'iage. The tefFfl
I*Ir~ meal1S the biological pareAt or indi'Jidual Vlho stands or stood in loco parentis (in
the place of a pareAt) to aA employees v:hel1 the employee 'A'aS a dlild, This term does Aot
il1clude I*lFeAt "in law". The term seA ar E1aligRter FFlCaRS biological, adopted or fester dlild,
stepcl'lilel legal wur<I, or a milE! of a peFS8A staAEliAg in lace j:JareRtis, WRe either l:IFlEler age
18, ar age 18 or older and iAcapal;)le of self care oocal:lSC at a FReAtaI or physical E1isal;)ilil:y,
SPOUSES: efRl3l9)'eElI3y tRe Cit}, are joiAtl)' CAtitteEI te a caml;)iooEl mtal ef 12 weeks ef
fami~' leave fer the l;)iFtA, aEleptiaFI or fOsror car<) of a cl'lilel er tAe care ef a cl'lileI er I*lreAt
who t:las a smallS heaJU:l ooAElitieA.
A SERIaJS HEALTH CONDITION: is al1 illness, ifljl:Jry, iml*lirment, physical or meAtal
condition tRat iAvolves:
. Incapacil:y or treatment connected with iApatieAt care at a hospital, hospice or
r-csioontial medical care facility iAveMAg aR ovcmight ~;.
. In cal*lcity reql:liFiAg the aooeRce of throe caleAdar elays from weFt< that iR'..elves
continuing treatment or supervision of a health care pr-o>.'ider.
- Col1tinl:ling treatment by a healtR care provider for a chronic long term t:lealth
condition that if not treated would likely result in a period of incapacity of more
tt-Ian 3 calcRdar da>{s.
D. RequifeRleRts
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circumstances, the employee must provide the City, through Human Resources, with as
mush advance ootice as is pFaetic.:lble. Notice must be PfO'.'ided in writing to Human
Resources. In the event notice is NOT !Jiven in t:hcse CiR:UR1StZlAces, the eFFlf.lh.'l','ee will be
consi€lercel to have talECn "unamhafizeellmve" and 'NiII be subject te appropriate
discil3liFJary ;:Jction.
NOTICE FRm1 THE em TO KEY EP1PLOYEES: The City shall natify a kef emJ'.llayee belOre
leave is taken if cc8FIamic injl:lry is foreseen at t:I'Ic time.
RECERTIFICATION: An emplO}'ee wt'lO has tak-en leave because of the employee's own
scriolJS health conaitian sr t:I:lat af a fami~1 members is reEll:Iir:e€l By t:J:te City to aBtain
sl:Jb~l:lent wl"ilten r<: celtilicaoon af that mooical CElAaitiaAs overy li'le (5) 'IIrelES dl:lfing
the duration of the cooomn, In addition, ~ayees an FHLA le.:r.<e aFC reEll:IiFe€l to report
every 2 'Nccks, in writing on their status and the intention of the employee to return to
work. Failure to report as stated a~'e may subject the employee to disciplinary action lOr
unc*cuscd atr..cncc.
REINSTATEMENT: Eligible employees other than key employees, who comply with all
pl'O\'isions of tI1is policy and who rcb:Jm from FHLJ'. leave will be ret:l.:Jmed to the job
f36sitiaFt held prior to t:J:te leave, er may be I3lace€l, at the discFCtion of t:J:te City, in an
cquivalCAt poSitiElA ..\'it:A eEll:lf/alcnt benefits,
THE CITY f>c1y,\ Y DENY RESTORATION TO ^ KEY EMPLOYEE IF:
1. Denial is ncccsS.Jry to prevent "substantial and grievolJS economic injury" to the
empIO}'er;
b- The Cit:y Ratifies e~layee of its iAtent to deny restoFatiaA on that Basis at the time the
City €IeteffRines that sl:IdI iRjl:lfY wal:ll€l eccur aRE! after I:lein@ iRfieEl, tRe eml3leyee
elects not to return. The City shall not deny the employee the of.lJ)Ertunit}. to take
Imve (i.e" must notify t:J:te eFRJ'.lloyee after the Imve is reql.:lCStoo but before the leave
is taken, if economic iRjl:lry is foreseeR at tl=tat time) ana, if t:J:te effll3leyee alFCady is on
Imve WhCA the netice is @iveR, the city sl=lall !Jive tJ:Ie empleyee an opportunity to
return to 'NOFIc
While on leave eligible empJayees will retain all acaued benefits, An empbt'CC will oot
accrue aAY additional benefits dufing FHLA leuve (vacatioo, leAQCI/ity, seniority, sick, etc,).
ReiAstateel eFFll3layees are net eAtitloo to aAY ri@1'It, benefit er 19ooil:ieR af emf:)laymeAt etAer
tAan aAy to whictl they '1JeI:lIEl t:lave beeR eAtRleEI had t:J:tey net takeR the 1C3'/C,
Prior to reinstatemeAt an employee whose 18a'.Ie was baseEt on the employee's
own serious health sonEtltion is AKtuireEt to pr-o'/iEte, in v:ritin9, to the personnel
Etepartment a sertifisation fr-om the employee's health safe pro';iEter that the
employee is able to return to 'NOrk.
Page 4
XII. - LEGAL - 1st Reading
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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) D March 17. 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) [8J April 7,2009 March 16, 2009 (Noon)
D Announcements/Presentati ons D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [8J Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approve amendment to the Code of Ordinances, Section 16-82, increasing annual
resident beach parking permits from $30 to $40, improving administrative clarity and eliminating unnecessary
language.
EXPLANATION: Oceanfront Park is one of our most popular facilities. Over 275,000 people visited the park
during fiscal year (FY) 2007/08. The park offers a national certified lifeguard staff, snack bar, playground, and
the very popular scenic boardwalk that will soon be replaced with a product and design that will much improve
function and aesthetics. The annual resident parking permit fees at Oceanfront Park were last increased from $20
to $30 during FY 2005/06. The attached financial report (exhibit "A") summarizes revenue and expenses at
Oceanfront Park. This recommendation is being put forth in a continuing effort to increase revenue and/or
decrease expenses wherever possible in our operation. Considering the current financial challenges facing the
City, it is appropriate that user fees subsidize a great portion of this operation.
PROGRAM IMPACT: N/A
FISCAL IMPACT: Beach parking and related fees at Oceanfront Park generated $334,491 during FY 2007/08,
which was approximately 8% less than the previous year. Although very difficult to predict, we do not anticipate
a significant decrease or increase in permit sales over the next couple of years. The attached table (exhibit "B")
provides potential financial scenarios if we sell the same number of decals, or if sales decrease by 5% or 10%.
The annual resident parking permit fees at Oceanfront Park were last increased from $20 to $30 during FY
2005/06.
For illustrative purposes, the financial report also provides projections for anticipated revenue and expenses
during the current (2008-09) fiscal year (FY). We estimate that parking revenue will be approximately 10% less
than the previous FY. Using these figures and assuming our projected expenses do not change, we would have to
raise the parking permit decal fee to $10 I so that revenues would cover the cost to operate the park/beach.
The daily parking fee is $10 from November 16 - April 30 and $5 from May I - November 15. This fee has not
been changed since it was originally instituted. There are two Palm Beach County parks with beach access and
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
free parking within a very close proximity to Oceanfront Park. This should be considered if change of this Jee h
contemplated.
AL TERNA TlVES:
. Raise annual resident beach parking permit from $30 to $40.
. Increase annual resident beach parking permit from $30 to $101 to cover 100% of the expenses to
operate Oceanfront Park.
. Do not increase parking permit fee as recommended.
A TT A TCHMENTS:
Exhibit "A" - Beach Revenue/Expense Report
Exhibit "8" - Financial Summary
Exhibit "C" - Original version of Ordinance with marked changes ~
_, A~{w.~ -'~--
Department HeaO'SSignature - City Manager's Signature
Assistant to Cit) Managt:r ~
Recreation & Parks ~,,~
Department Name ~- ~ C' <\ F'
It)' r- nome)' mance
s ,BULLETlNIFORMSv\GFNDA ITEM RFQUEST FORM DOC
I
I
I II ORDINANCE NO. 09-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 I CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 , CHAPTER 16, "PARKS AND RECREATION", ARTICLE
6 I II, "CITY PARKS AND BEACHES" BY AMENDING
~ I SECTION 16-82 TO PROVIDE FOR AN INCREASE OF
BEACH PARKING PERMITS AND RELATED FEES
9 I AND ELIMINA TING REDUNDANT LANGUAGE;
10 ! PROVIDING FOR CONFLICT, SEVERABILITY,
1 I 1 CODIFICATION AND AN EFFECTIVE DATE.
I
12 !
13 WHEREAS, staff has become aware that the cost to maintain and general operation
14 expenses of the Oceanfront Park with its scenic boardwalk, picnic areas, restrooms and
15 playground have significantly increased; and
16 WHEREAS, Beach parking fees have not increased since 2005; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 determined that it is in the best interests of the citizens and residents of the City to amend the
19 I Code to increase the beach parking permits and related fees and eliminating redundant
i
20 language;
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
!
22 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 I Section 1. The foregoing Whereas clauses are true and correct and incorporated
i
24 I herein by this reference.
25 Section 2. That Chapter 16, " Parks and Recreation", Article II "City Parks and
26 Beaches" Section 16-82 is hereby amended by adding the words and figures in underlined
I
27 I type, and by deleting the words and figures in struck-through type, as follows:
28 I
29 Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal
30 beach property located within the Town of Ocean Ridge.
31 I The city manager is hereby directed to implement subject procedures at the earliest
32 possible date. (Said regulations are set out below.)
33
S ICAIOrdinances\2009 Amending Sec 16-82 Parking Permits.doc
Page 1
] POLICY' NO. L PARKfNG PERMfTS
2 I Parking permits will be issued on an annual basis (October 1 through September ~O) each
3 I year to residents (see "definitions") of the City of Boynton Beach. for a charge of~""I,"tUm.c,
4 ($30.t)()j forty dollars ($40,00) for the fir:;t each decal issued to a resident vehicle. upon
S satisfactory completion of appropriate application forms. Applicants will be required tn
6 establish proof of residency in the City of Boynton Beach (see "definitions") and to present
7 I fH-s their official state motor vehicle tag registration certificate for each decalJ2.urchaseg
8 11- When appl ication i~; made f(1I' more than one permit. each ~;cparate individual, dll(..'k
9 I r-e-g-i-5-l:fit-l:-H7H- .-rn-ttSt--ee pre~;en t ed ..m Rc~; ide 111s.whH-afe.--BBt- pro pc rt-y-.HWftE>-r-5r.-H-l-l:tSt . t': ;tu b 1 i:; h
10 re~;idency by ~;ome saituhle mean:;. :;uch u:;: \'uter's re;,;i:;tration. executed leu:;e. utility.Mh-Hf
11 ~-k~'B~"ftt-.-
12 Lost or mutilated parking permits. In the event that the vehicle to which the permanent
]3 decal was issued has been sold or otherwise changed ownership and/or in the event a properly
14 issued parking decal is mutilated and can be identified, such decal will be replaced for a
1 S charge of fi-ft-ee-tt-4:+Uars-{-$B-7@t twenty dollars ($20.00) provided the holder can return an
16 identifiable portion of the mutilated parking decal to the city. In the event the holder of a lost
17 or mutilated parking permit cannot provide an identifiable portion or part of such parking
18 decal. the charge for a replacement decal will be the sum of ~. dollar:: (~3().()(H fonl
19 doll ars ( $ 4 0 . 00 ). h.-t+St d ee li I :;.w-i+/.--f}(+tk re p I lie e d .-ttH-t-H-d-her.rt-4ftH.1y-B a y \\ a i tj.n-g-.~'+El-+R+Ht
20 the dull' the decal i:; reported-lB-s-t.
21 Definitions.
Y) Resident: Anyone owning real estate and/or leasing. renting or occupying real estate or
')~ living accommodations within the City of Boynton Beach for a time period of at least six (6)
-.'
24 consecutive months each calendar year. as well as members of their immediate family residing
2S with them; provided, however. for purposes of this section, the term "City of Boynton Beach"
26 shall include all property within the corporate limits of the Town Ocean Ridge. flfBf)-f-Hf '-,~
..,., ({)+.ftj{)nth-s--festdeftcy,.i.r.~ly.~-s-.nttt"H\,vRefL4all-be.e-s-tahlj4eJ~rku~-it'-::-J.fet'ffte!H!-i;l::e+1t
_I
28 receipt~; or 'vHitten le;:;or vcrific<uion. Proof of residency shall be established bv some ~uitable
29 means. such as utilitv bill. tax bill. propertv deed or lease agreement.
30 Qualified nonresident: Anyone who is not a resident but who resides in the agricultural
31 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No.
32 30, bounded on the north by Hypoluxo Road. and bounded on the west by the Loxahatchee
33 National Wildlife Refuge,
I
34 ('ity employees: All city employees. classified and nonclassified and retired regardless of
35 residency shall be eligible to receive one parking permit. Proof of employment shall be
36 established through the personnel department of the city. Persons who terminate (not retired)
37 I their employment with the city and who are not city residents shall be reljuired to scrape nff
38 their stickers and return remains to the issuing otlice
\l ,\ ,( )rdmances\2009 Amendmg See I h.g:, Parking PCfIlllb doe
Pag.e 2
] POLICY NO.2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
2 (1) Ensure that applicants are residents as defined in Policy No.1,
3 f-2i Huve applicant complete pem1ummt application foml.
4 (JD Request proof of residency. Proof established in accordance with Policy No.1.
5 (41) Request separate vehicle registration for each parking permit to be issued,
6 (~) Residents leasing automobiles should provide contract documents establishing the
7 lease agreement or arrangement or company car assignment.
8 (e2J Issuing authority shall complete parking permit application by listing separate
9 permit numbers opposite the make, model and year of each vehicle.
10 (+Q) All parking permits shall be permanently affixed upon the lower, left-hand side
] ] (driver's side) of the front windshield of such vehicle, Decals placed on a vehicle other than
]2 the one for which it was originally issued shall be construed to be void.
13 (&1) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be
]4 displayed on the left front fork of such vehicle or other visible location in the area of the left
]5 front.
]6 POLICY NO.3. TEMPORARY PARKING PERMITS
]7 Quulified nonresidents: Qualified nonresidents may obtain beach decals which permit
]8 parking on specified dates and times, The cost for such permit and the dates they are valid
]9 shall be as set forth herein:
20 The permit fee for Qualified nonresidents shall be ninety dollars ($90.00) each, and
2] shall be valid seven (7) days a week, from May 1 to November 15.
22 PARKING FEES FOR MOTOR VEHICLES
23 A daily parking fee is hereby established for all motor vehicles parking at the public beach
24 except those hereinafter excepted in accordance with the following rates and charges.
25 Cfuss 1. Automobile~;, motor scooters, motor bike~;, motorc)c1e~;:
26 May I-November 15 November 16-April 30
27 $ 5.00 $10,00
28 ( 'Iuss 2. Bu~,e~;. truck:; and other motor \'chides not included or de~;cribcd in Class I
29 ~.
30 $10.00
S:ICAIOrdinances\2009 Amending Sec 16--82 Parking Permits. doc
Page 3
I ~~€-f.fntl:Mb:
2 ~~-!--_. ;\ pu:;senger vehicle designed for family plcrr:;urc.
3 ---+-I-t:t-!Y:'i-..]... "\ pu:;:;enger \'ehicle de:;igned for group (more --tfrrtt:r--W--pa:;~;en;:!i::~r:'-1
4 trunsportution other than family plea:;urc
5 Exceptions:
6 (1) Vehicle having at1ixed thereto a parking permit issued in accordance with the rules
7 and regulations of Policies 1 and 2,
8 (2) Official state, county and city vehicles entering the park in the performance of
9 governmental functions.
10 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when
11 engaged in official park business.
]2 (4) School buses transporting Florida school, college or university students in a group or
13 body for a field trip for educational purposes, This exception shall not apply to vchicles
]4 transporting such groups to the park for recreational purposes.
15 Florida school groups, as mentioned in exception (4). must make prearrangements \vith
16 the director of recreation and parks or his designee by submitting a letter from the school
17 principal certifying that the trip is a part of the school curriculum.
18 Parking permits will be available to all city residents as outlined in Policies 1 and 2.
]9 I Vehicles not exhibiting the permit will be required to pay the parking fee in accordance \vith
2U this policy.
21 ! f PARKING AREAS FOR MOTOR VEHICLES
f!
t,
..,.., Ii H+,a,-A-tt motorcycle:;. motor bike:;, and motor :;Cllllter:, ,;hull-f*lF-k-ffi,the dc:;i;;nah.'dttterr-;
n I (+R-.-the--Hf1f1t->-f~'B-r{he-.t~i:H:kHtg.are&-a{.+fH';'-r-\:tl~t-~'fu:'-h
24 (;61) The parking spaces in the upper level of the parking area at the public beach shall
25 be used exclusively by automobiles. Additionally, only vehicles having at1ixed thereto a
26 parking permit issued in accordance with the rules and regulations of Policies 1 and .2 may
n park in said upper level; provided, however, that handicapped persons may park in designated
28 spaces on the upper level without having a parking permit affixed to their vehicles,
29 (;~) All other motor vehicles, including all vans. campers. trucks. buses and trailers
30 shall park in the lower level spaces of the parking area at the public beach.
!
31 I
r
f
'-' !
-,"-
Ii ICA\()rdlnunccs\2009 Amending See 16--82 Parking Pernllts dnc
Page 4
] PENAL TY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
2 It shall be unlawful for any person to falsify information in the process of applying for a
3 parking permit, for any person to sell a parking permit, for any person to transfer a parking
4 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining
5 to the use of the parking facilities at the public beach,
6
7 Section 3. Should any section or provision of this ordinance or portion hereof, any
8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
9 such decision shall not affect the remainder of this ordinance.
]0 Section 4. Authority is hereby granted to codify said ordinance.
11 Section S. This ordinance shall become effective immediately upon passage,
]2 FIRST READING this _ day of April, 2009.
13 SECOND, FINAL READING AND PASSAGE this _ day of
]4 ,2009.
]5 CITY OF BOYNTON BEACH, FLORIDA
]6
]7 Mayor- Jerry Taylor
]8
]9
20 Vice Mayor - Jose Rodriguez
2]
22
23 Commissioner ~ Ronald Weiland
24
25
26 Commissioner - Woodrow L. Hay
27
28
29 Commissioner - Marlene Ross
30 ATTEST:
3]
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (Corporate Seal)
S'\CAIOrdinances12009 Amending Sec 16-82 Parking Permits. doc
Page 5
Exhibit "A"
CITY OF BOYNTON BEACH
RECREATION AND PARKS DEPARTMENT
BEACH REVENUE-EXPENSE HISTORY
DECAL REVENUE Beach Decals Operating Expenses L '[
YEAR FEE
_ -L-----
I Fixed
Operating
Lifeguard/Parking Costs (Parks
Attendant Maint
Beach Operations Personnel, Custodial/
Decals Parking Feesl Gains/Loss (Personnel + Beach Maintenance I
(resident & I (daily I Concession Total Non- in Permit Lifeguard Operating Maintenance, I (Public Total Net Cost to . Preventive
non-resident) visitors) Operation Revenue vehicle Total Sales Costs) Utilities) Works) Expenses City Visitors I Actions
2004-05 $ 20 $ 143,930 $ 142,997 $ 22,700 $ 309,627 7031 -7.22% $ 449,048 $ 32,846 $ 6,460 $ 488,354 $ (178,727) 243,248 I 3,430
2005-06 $ 30 $ 175,290 $ 161,173 $ 21,900 $ 358,363 5775. -17.86% $ 498,464 $ 33,770' $ 6,460 $ 538,694 $ (180,331) 233,762 I 3,782
2006-07 $ 30 $ 148,828 $ 190,382 $ 21,255 $ 360,465 4930 -14.63% $ .- 544,126 f! 34,744 [ $ 18,_1~0 $ 597,010 $ (236,545) 233,018 i 3,392
2007-08 $ 30 $ 136,290 $ 184,836 $ 13,365 $ 334,491 4537 -7.97%' $ 585,973 $ 35,7681 $ 11.22~ $ 634,967 $ (300,476).-.176,09~ 3,244
"2008-09 $ 30 1$ 122,6611 $ 166,352 $ _ 3,500 $ 292,513 ~3862..1.1.1 + . 4082 -1003% $ 537,252, $ . 35,899 L L ~ $ 587,034, $ (294,521). _ _......J.
**proje~d for FY-2008-09 -i- -+-1- i -r i - t-I +- - -t-- -.+- - t - ~ - =L-- ~
. \ - ~ i I I l=== 1---' I ~~
To cover 100% of costs, decal fe.e of $101 needed. assumin, 9 everything ~:".;ns<oo...nt . .. -+- __ C- _ .!._
- -+-. -J---+- I I . - I - t-- 1- ...l- -
----t- -I I ~ - -t- -t- I I I - I ~ -----r- - --.J - _..1
-=.-=r=i I I ~ ~ I +--r-j I --t- ~--=.J--=~
Decal and parking fees are gross charges (include sales tax); amounts do not correspond to figures in H.T.E. which are net of sales tax r-- -l --l ! ,
V
Revised: 3/18/09
Exhibit "B"
BEACH DECAL
PROPOSED FEE INCREASE
YEAR DECAL Total R R Decal Projected Revenue
FEE
Decals Sold Total $ Increase
Actual 2007 -08 $30 4527 $ 135,810
Proposed (if sales remain same) $40 4527 $ 181,080 $ 45,270
Proposed (if 5% reduction in sales) $40 4301 $ 172,026 $ 36,216
Proposed (if 10% reduction in sales) $40 4074 $ 162,972 $ 27,162
2/25/09
Exhibit "e"
Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal beach
property located within the Town of Ocean Ridge.
The city manager is hereby directed to implement subject procedures at the earliest
possible date. (Said regulations are set out below.)
POLICY NO.1. PARKING PERMITS
Parking permits will be issued on an annual basis (October 1 through September 30) each
year to residents (see "definitions") of the City of Boynton Beach, for a charge of thirty dollars
($30.00) forty dollars ($40.00) for the first each decal issued to a resident vehicle, upon
satisfactory completion of appropriate application forms. Applicants will be required to establish
proof of residency in the City of Boynton Beach (see "definitions") and to present Ris their
official state motor vehicle tag registration certificate for each decal purchased.
'Nhen application is made for more than one permit, each separate individual vehicle
registration must be presented. ~esidents who arc not property ovmers must establish
residency by some suitable means, such as: voter's registration, executed lease, utility bills or
other legal document.
Lost or mutilated parking permits. In the event that the vehicle to which the permanent
decal was issued has been sold or otherwise changed ownership and/or in the event a
properly issued parking decal is mutilated and can be identified, such decal will be replaced for
a charge of fifteen dollars ($15.00) twenty dollars ($20.00) provided the holder can return an
identifiable portion of the mutilated parking decal to the city. In the event the holder of a lost or
mutilated parking permit cannot provide an identifiable portion or part of such parking decal,
the charge for a replacement decal will be the sum of thirty dollars ($30.00) forty dollars
L$40.00). Lost decals 'NiII not be replaced until after a thirty day 'lJaiting period from the date
the decal is reported lost.
Definitions.
Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or
living accommodations within the City of Boynton Beach for a time period of at least six (6)
consecutive months each calendar year, as well as members of their immediate family residing
with them; provided, however, for purposes of this section, the term "City of Boynton Beach"
shall include all property within the corporate limits of the Town Ocean Ridge. Proof of six (6)
months residency, if property is not o'Nned, shall be established by lease agreements, rent
receipts or written lessor verification, Proof of residency shall be established by some suitable
means. such as utility bill. tax bill. property deed or lease aQreement.
Qualified nonresident: Anyone who is not a resident but who resides in the agricultural
reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No.
30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee
National Wildlife Refuge.
City employees: All city employees, classified and nonclassified and retired regardless of
residency shall be eligible to receive one parking permit. Proof of employment shall be
established through the personnel department of the city. Persons who terminate (not retired)
their employment with the city and who are not city residents shall be required to scrape off
their stickers and return remains to the issuing office.
POLICY NO.2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
(1 ) Ensure that applicants are residents as defined in Policy No, 1.
f2j Have applicant complete permanent application-feFm.
(~~) Request proof of residency. Proof established in accordance with Policy NO.1.
(4~) Request separate vehicle registration for each parking permit to be issued.
(51) Residents leasing automobiles should provide contract documents establishing the
lease agreement or arrangement or company car assignment.
(oQ) Issuing authority shall complete parking permit application by listing separate permit
numbers opposite the make, model and year of each vehicle,
(-7-Q) All parking permits shall be permanently affixed upon the lower, left-hand side
(driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than the
one for which it was originally issued shall be construed to be void.
(SZ) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be
displayed on the left front fork of such vehicle or other visible location in the area of the left
front.
POLICY NO.3. TEMPORARY PARKING PERMITS
Qualified nonresidents: Qualified nonresidents may obtain beach decals which permit
parking on specified dates and times. The cost for such permit and the dates they are valid
shall be as set forth herein:
The permit fee for Qualified nonresidents shall be ninety dollars ($90.00) each, and shall
be valid seven (7) days a week, from May 1 to November 15,
PARKING FEES FOR MOTOR VEHICLES
A daily parking fee is hereby established for all motor vehicles parking at the public beach
except those hereinafter excepted in accordance with the following rates and charges.
Class 1, Automobiles, motor scooters, motor bikes, motorcycles:
May 1-November 15 November 16-April 30
$ 5.00 $10.00
Class 2. Buses, trucks and other motor vehicles not included or described in Class I
hereof
-----...- $10. 00
Vehicle definitions,
Class 1. A passenger vehicle designed for family pleasure.
Class 2. 1\ passenger vehicle designed for group (more than 10 passengers)
transportation other than family pleasure.
Exceptions:
(1 ) Vehicle having affixed thereto a parking permit issued in accordance with the rules
and regulations of Policies 1 and 2.
(2) Official state, county and city vehicles entering the park in the performance of
governmental functions.
(3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when
engaged in official park business.
(4) School buses transporting Florida school, college or university students in a group or
body for a field trip for educational purposes. This exception shall not apply to vehicles
transporting such groups to the park for recreational purposes.
Florida school groups, as mentioned in exception (4), must make prearrangements with
the director of recreation and parks or his designee by submitting a letter from the school
principal certifying that the trip is a part of the school curriculum.
Parking permits will be availalJle to all -city residents as outlined in Policies 1 and 2. Vehicles
not exhibiting the permit will be required to pay the parking fee in accordance with this policy.
PARKING AREAS FOR MOTOR VEHICLES
(1 ) All motorcycles, motor bikes, and motor scooters shall park in the designated areas
on the upper level of the parking area at the public beach.
(~1) The parking spaces in the upper level of the parking area at the publiC beach shall
be used exclusively by automobiles. Additionally, only vehicles having affixed thereto a parking
permit issued in accordance with the rules and regulations of Policies 1 and 2 may park in said
upper level; provided, however, that handicapped persons may park in designated spaces on
the upper level without having a parking permit affixed to their vehicles,
(3~J All other motor vehicles, including all vans, campers, trucks, buses and trailers shall
park in the lower level spaces of the parking area at the public beach.
PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
It shall be unlawful for any person to falsify information in the process of applying for a
parking permit, for any person to sell a parking permit, for any person to transfer a parking
permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining to
the use of the parking facilities at the public beach. (Code 1958, 9 19-38.1; Ord. No. 79-21, Art.
1,7-17-79; Ord. No. 80-42, 91,10-21-80; Ord. No. 80-47, 9 1, 12-16-80; Ord. No. 82-10, 991,
2,5-4-82; Ord. No. 82-23, 9 1,8-3-82; Ord, No. 84-30, 99 1,2,8-7-84; Ord, No. 86-6, 91,4-
15-86; Ord. No. 86-32, 91, 9-3-86; Ord. No. 89-33, 91, 9-26-89; Ord, No, 89-37, 91,11-7-89;
Ord. No. 90-45, 91, 9-18-90; Ord. No. 90-56, 91,12-4-90; Ord. No. 91-13, 99 1,2,3-19-91;
Ord. No. 93-32,91,9-7-93; Ord. No. 93-34, 91,9-21-93; Ord. No. 00-46, 9 1,9-6-00; Ord,
No. 05-046, 92,8-16-05)
Sees. 16-83-16-92. Reserved.
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) o February] 7,2009 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) D March 17,2009 March 2, 2009 (Noon) :-)
0 ,,~
0 ~ April 7, 2009 \D :::j,,<
February 3, 2009 January 19, 2009 (Noon) March 16.2009 (Noon) ::x
:l:a '"<0
::;0 C") -...
r-
- ;t'1Q!
0 Announ cem entslPresen tat ion s 0 City Manager's Report en ~Q
~"f1'" --<
:J::a -;z
NATURE OF D Administrative 0 New Business :x Cf)~
AGENDA ITEM 0 ~ - o~
Consent Agenda Legal - ""nQiJ
.. "'1:1'
0 Code Compliance & Legal Settlements 0 Unfinished Business - -fTl
0 t') ,>-
M'
0 Public Hearing 0 ~
RECOMMENDATION:
Adoption of Ordinance amending the Investment Policy for the Boynton Beach Police Officers' Pension Fund.
EXPLANATION:
The Board of Trustees of the Boynton Beach Police Officers' Pension Fund desire to update and amend the Plan's investment
policy in order to pennit greater diversity of investments as pennitted under Florida law. The aim of the revised investment
policies shall be to preserve the integrity and security of the Pension Fund principal, to maintain a balanced investment
portfolio, to maintain and enhance the value of the Pension Fund principal, and to secure the maximum total return on
investments consonant with preserving principal.
PROGRAM IMPACT:
Adequate and appropriate investment of the Pension Fund directly impacts the City's contribution to the Pension Fund. The
Board of Trustees proposed these amendments in the hopes that increased investment opportunities as provided in the revised
investment policy will ultimately assst the Pension Fund in obtaining positive investment returns.
FISCAL IMPACT:
There is no direct fiscal impact.
AL TERNA TIVES:
The City Commission could deny the request and recommendation of the Board of Trustees of the Boynton Beach Police
Officers' Pension 'u d, resulting in the current investment policy remaining in place. Alternatively, the Commission could
propose al ati e a endments to the proposed investment policy. ,}
&k .
ead's Signature
Ass ~
City Attorney
Department Name
S'\BULLETIMFORMSIAGENDA ITEM REQUEST PORMDOC
GRS Gabriel Roeder Smith (,: COmpelln i:,;') ',1 j j - I b i I",
I "i)'cs,Jir;lnr5 &: Actllam~5 JUlfe .'il)j ~l '~lS ,OO~ '
f[ LllIdCl"lblc. FL .1.BO! ! ,"", ,\ '\'\\'.g3briclr ,:0:1
January 26, 2009
Bonni S, Jensen, Esq.
Hanson, Perry & Jensen, P,A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401-2922
Re: Boynton Beach Police Officers' Pension Fund
Dear Bonni:
We have reviewed the proposed ordinance regarding investment policies for the Plan assets. The
amendment does not affect benefit provisions of the Plan nor does it affect our expectations of future
investment returns, In our opinion, this ordinance would have no significant actuarial impact on the Plan.
A copy of this letter along with the proposed ordinance should be sent to the Division of Retirement before
second reading of the ordinance.
We welcome your questions and comments,
Sincerely yours,
~e \
J. Stephenpahn~
Senior Consultant and Actuary
JSP/dh
Cc Barbara LaDue
r .-
tLv ~~ !/ I
..-- .-".- .
.1 '\N 2 7 20C9
1
2 ORDINANCE No. 09-
3 i
4 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 I AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON
6 BEACH CODE OF ORDINANCES, ENTITLED "PENSIONS FOR
7 POLICE OFFICERS;" AMENDING SECTION 18-167 REVISING
8 SUBSECTION (a)(2) THEREOF PROVIDING FOR INVESTMENTS
9 TO EXPEND THE PERMISSIBLE INVESTMENTS PROVIDING FOR
10 CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
11 SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
12 HEREOF.
13
14 WHEREAS, the Board of Trustees of the Municipal Police Officers Pension Fund
15 recommends adoption of these provisions to permit greater diversification of the investment
16 of the Pension Plan under the Florida law; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
18 so amend its Police Officers' Pension Ordinance;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA:
21 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true
22 and correct and are incorporated herein by this reference.
23 Section 2. Subsection (a) of Section 18-167 of Article III of Chapter 18 of the
24 Boynton Beach Code of Ordinances is hereby amended as follows:
25 Sec. 18-167. Powers of the Board of Trustees.
26 (a) The Board of Trustees may-;-
27 Invest and reinvest the assets of the Boynton Beach Police Officers Pension
28 Fund in annuity and life insurance contracts of life insurance companies in amounts sufficient
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 1
1 to provide, in whole or in part, the benefits to which all the participants in the Pension I, und
2 ! shall be entitled under the provisions of this article and pay the initial and subsequent
3 premiums thereon from the integral part of the fund. If current state contributions are adequate
4 to fund minimum requirements of F.S. Chapter 185. additional state funds may be used to
5 provide benefits that exceed requirements of F,S. Chapter 185.
6 I (2) The Board shall have the power and authority to invest and reinvest the monies
7 of the Fund and to hold, purchase, sell. assign, transfer, and dispose of any securities and
8 investments held in the Fund, including the power and authority to employ counseling or
9 investment management services, The aim of the investment policies shall be to preserve the
10 integritv and security of Fund principal, to maintain a balanced investment portfolio. to
11 maintain and enhance the value of the Fund principal. and to secure the maximum total return
12 on investments that is consonant with safetv of principal. provided that such investments and
13 re-investments shall be limited only by the investments permitted by the investment poliC\!
]4 guidelines adopted by the Board in accordance with Florida law. notwithstanding the
15 provisions of 918-221 of the Code. Further, notwithstanding the fore!:wing, investments in
16 foreign investments are limited in accordance with 185.06(1 )(b )4. The Board must discharge
17 these duties with respect to the plan solelv in the interest of the participants and beneficiaries
18 and
19 reasonable ex enses of administerin with the care. skill.
20 rudence and dili ence under the circumstances then erson acting
21 n a like ca acit and familiar with such matters would use in the conduct of an ente rise of a
I
22 I ike character and with like aims' and Ian so as to
OOING: Words in strike through type are deletions from existing law;
I Words in underscored type are additions
I leA IUrdinanccslPcnsionlPolicc Pension. amend mvc5tment poiln . linal ckall dUL
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1 minimize the risk of large losses. unless under the circumstances it is clearly prudent not to do
2 so,
3
4 (2) Invest and reiIlyest the assets ofthe retirement trust fuIld in:
5 a, Time or sa'.'ings accounts of a national bank, a state bank insrned
6 by the Bank Insurance Fund, or a savings and loan association iIlsrned by the Savings
7 ..\ssociation Insurance Fund which is administered by the Federal Deposit Insrnance
8 Corporation or a state or federal chartered credit union whose share accounts are insured by
9 the National Credit Union Share Insrnarlce Fund.
10 b. The aggregate investment of Fund assets in:
11 1. Obligations of the United States or obligations guaranteed as to
12 principal and interest by the Goyemment of the United States;
13 2, Bonds issued by the State of Israel;
14 3, Bonds or other evidences of indebtedness issued or
15 gmH'anteed by a corporation organized under the laws of
16 the United States, any state or organiz-ed territory of the
17 United Stat-es, or the District of Columbia. However, the
18 average credit rating of such investments in bonds shall
19 be no 1mver than AA;
20 4. County bonds containing a pledge of the full faith and
21 credit of the county involved, bonds of the division of
22 bond finances of the department of general services, or
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 3
] of any other state agency, \vhich have been approved a~~
') to legal and fiscal sufficiency by the state board 01
" administration; and
-'
4 5. Obligations of any municipal authority issued pursuant
5 to the laws of this state; provided, however, that for each
6 of the fi','e (5 ) years next preceding the date of
7 investment the income of such authority available for
8 fixed charges shall have been not less than 1.5 times its
9 average annual fixed charges requirement o','er the life
10 of its obligations.
11 c. The aggregate investment of Fund assets in the common stock or capital
12 stock issued by a corporation organized under the laws of the United States, any state. or
13 organized territory of the United States or the District of Columbia shall not, at market.
14 exceed sixty five percent (65%) of the fund's assets; nor shall more than five percent (5%) of
15 the fund' s assets be in','ested in common stock or capital stock of anyone (1) issuing
16 company; nor shall the aggregate of such investment in anyone (1) issuing company exceed
17 five percent (5%) of the outstanding common or capital stock of that company. The Board of
18 Trustees may invest in foreign securities up to the limits permitted by F.S. ~ 185.06(b).
19 d. Real estate, except that the aggregate investment of Fund assets in real estate
20 may not exceed ten percent (10%) of assets.
21
I
22 Section 3. It is the intention of the City Commission of the City of Boynton Beach
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
II ,Ie ^ \O,,,",",,,IP,",',,"IPo Ii " r,",,"" - ,m,"" ,"","',,", r"'k~a::' ;',.."'"
II
II
I' I
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I
1 that the provisions of this Ordinance shall become and be made a part of the Code of
2 i Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
3 renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article" or
4 such other word or phrase in order to accomplish such intention,
5 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
6 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
7 Section 5. If any clause, section, or other part or application of this Ordinance
8 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
9 unconstitutional or invalid part or application shall be considered as eliminated and so not I
I
I
I
10 effecting the validity of the remaining portions or applications remaining in full force and I
I
11 effect.
12 Section 6, This Ordinance shall become effective when the following have i
I
13 occurred:
14 (a) the City Commission has received and has accepted a report establishing the
15 actuarial soundness of these amendments;
16 (b) when the foregoing changes to the pension plan investment policy benefits
17 have been accepted by the collective bargaining unites) representing the Police Officer
18 Employees, or their successor, and documentation has been received evidencing no objection
19 thereto; and
20 (c) when the amendments have been sent to the State of Florida Division of
21 Retirement.
22 Upon satisfaction of all of the above requirements, then in that event, the terms and
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 5
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1 i I provisions of this Ordinance shall become effective.
I
1
2 I FIRST READING THIS __ DA Y OF__. .2009.
i
3 I SECOND. FINAL READING and PASSAGE THIS __ DAY OF . 2009
,
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4 'i
5 : i CITY OF BOYNTON BEACH. FLORIDA
II
f!
, !
i i
6 Ii
7 Ii
8 II Mayor - Jerry Taylor
9 II
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~ ~ II Vice Mayor - Jose Rodriguez
!
12 I
13 I
14 I Commissioner - Ronald Weiland
15
16 I
17 I Commissioner - Woodrow L. Hay
18
19 I
20 I Commissioner - Marlene Ross
,
I
21
22
23 ATTEST:
24 I
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32
33 (C orporate Seal)
34
I
ODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
I :\CAIOrdinancesIPensionIPolice Pension. amend investment policy. linal clean.doc
I Page 6
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XII. - LEGAL
ITEM E.!
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\-.
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)
o January 6. 2009 December 15,2008 (Noon) 0 March 3, 2009 February J 7,2009 (Noon)
o January 20, 2009 January 5,2009 (Noon) 0 March J 7, 2009 March 2, 2009 (Noon) q
o n;::;
o February 3, 2009 January 19,2009 (Noon) 0 April 7,2009 March 16,2009 (Noon) i :J:
~ (~"'1
["-
- r""t;l'il
0'\ _...D
o AnnouncementslPresentations 0 City Manager's Report 5t:$'
3:. .-
NATURE OF 0 Administrative 0 New Business :z U)C:
- O!l~
AGENDA ITEM 0 Consent Agenda 0 Legal ":':" -r,{.
;.ft
o Code Compliance & Legal Settlements 0 Unfinished Business C; ~
o Public Hearing 0 :l:
RECOMMENDA TION: Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement Liens
totaling $279,619.74 as of April 7, 2009, held by the City on real property owned by Ralph & Rosie, Inc., located at 2007
South Federal Highway,
EXPLANA TION: The business located at 2007 South Federal Highway continues to be the source of on-going code
violations. The City is seeking authority to foreclose on lhree liens which the City has acquired on the property,
SITE PLAN MA TTER
· Code Enforcement Case No. 07-429 involves a failure to obtain City approval for site plan modifications, In late
2006, a Chickee Hut was installed on the property without prior site plan modification approval, The Code
Enforcement Board found a violation, and certified a fine and imposed a lien on the property. Ralph & Rosie's filed
an appeal of the certification order in Palm Beach County Circuit Court. The City won that lawsuit, including a
successful appeal of a stay order to the Fourth District Court of Appeal.
· Notwithstanding the outcome of the legal challenges to the lien, Ralph & Rosie has yet to bring the property into
compliance, Compliance requires approval of a site plan modification,
· City staff has attempted to work with Ralph & Rosie to attain compliance, but Ralph & Rosie has not acted in
accordance with the comments and requirements of City staff on the issues.
· The accrued fine for the lien is $260, I 34.12 as of April 7, 2009. The fine will continue to accrue until compliance is
certified by the City at a rate of $500 per day,
· The property is appraised by the county as follows:
Improvement Value: $190,706
Land Value: $2] 2,560
Total Market Value: $403,266
SIBULLF-TIMFORMS\.A"GENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
SIGN CODE VIOLATIONS
. There are two liens recorded against the property located at 2007 South Federal Highway for sign violations. R.alph
& Rosie filed appeals in Palm Beach County Circuit Court to challenge the liens, but after its attorney withdrew and
Ralph & Rosie failed to obtain substitute legal counsel for the appeals, the court dismissed both appeals.
. Both of the sign violations were corrected and brought into compliance. The Code Lien certified on November I q.
2007 is $8,012.66. The Code Lien certified on December 16. 2007, is $11,472,96.
The City Attorney's Office has reviewed the title work for the property located at 2007 South Federal Highway. and there IS a
twenty (20) year mortgage in the original amount of $225.000, dated September 1],2001. The mortgage has priority and that
encumbrance will survive the foreclosure,
Pursuant to the requirements of Chapter 162, Florida Statutes, the City' s request to authorize foreclosure was approved by the
City's Code Enforcement Board on January 2], 2009.
PROGRAM IMPACT: The property located at 2007 South Federal Highway is the source of on-going code issues. and
despite knowledge of the violations and direction on how to comply, the property owners have not remedied the outstanding
violation, The Chickee Hut was constructed without obtaining site plan modification approval, which is required smce
ingress, egress, parking and seating capacity issues are among the issues affected by the structure. Although the Chickee llllt
does not require building permits since it was constructed by the Seminoles. it must meet zoning requirements. In additIOn.
Ralph & Rosie had at one time installed electrical and plumbing under the structure without obtaining the necessary building
permits for such. These improvements were removed once the City pursued enforcement of building code regulations against
owe of the owners of the property, Ralph Devita.
In addilion, due to the code violations and outstanding liens, the City Code prevents Ralph & Rosie from obtaining a business
license tax receipt, formerly known as an occupational license. Ralph & Rosie continues to conduct business on the o-ite
despite the lack of the local business license, which is the result of its failure to remedy the outstanding violations and Salis!)
the outstanding liens.
Foreclosure of the liens will enable the City or another party to obtain title to the property located at 2007 South Federal
II ighway, subject to the mortgage, unless the matter is settled through the course of the litigation.
FISCAL IMPACT:
To date. the City has incurred significant enforcement expenses. including substantial staff time reviewing the issues, meet 1Tl)!
and corresponding with the owners of Ralph & Rosie. and attempting to resolve the issues. In addition, due to the litigious
nature of Ralph & Rosie, the City has incurred significant legal expenses in defending the appeals filed by Ralph & Rosie
including the necessity of filing an appeal to the Fourth District Court of Appeal of an order that should not have been
requested by Ralph & Rosie, and was entered erroneously by the circuit court. which if permitted to sland would haH'
eliminated the ability to enforce anv matters against Ralph & Rosie (including possible building code and noise violationo-!
while the code appeal was pending.
Additional legal fees and expenses will be incurred in the litigation. However. a successful foreclosure action should enabk
the City to recover its costs and expenses incurred in enforcing its codes against Ralph & Rosie.
AL TERNATlVES:
The City could permit the lien in Case No. 07-429 to continue to accrue at the rate 01'$500.00 per day until compliance. fhl;.,
,vould leave the violation in place, and to date Ralph & Rosie has not appeared motivated to work with the City on
compliance. The City could also consider an injunction case against Ralph & Rosie, seeking to close the business until ih
local business tax receipts are paid and current. which could not occur until compliance is achieved and the liens satisfied
s "H'l U IIN,FORMS\,.viENDr\ ITLM RU)IJEST FORM [)()(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
This would result in legal ~ in the same manner as the foreclosure case, and an injunction may be seen as a drastic remedy
sit nt to grant notwithstanding the merits ofthe City's Case.
Depart
City Attorney
Department Name
SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
XII. - LEGAL
ITEM E.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
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
o December 16, 2008 December J, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6. 2009 December 15. 2008 (Noon) D March 3.2009 February 17. 2009 (Noon)
l8J January 20, 2009 January 5, 2009 (Noon) D March 17.2009 March 2. 2009 (Noon)
o Febnlary 3. 2009 January 19,2009 (Noon) D April 7. 2009 March 16,2009 (Noon) ~
0 ~
...0 ::(r.<
'- -<:.. I
0 Announcements/Presentations l8J City Manager's Report S; n-r\
0 Administrative 0 New Business I .1If
NATURE OF me
c.n ~-<
AGENDA ITEM 0 Consent Agenda 0 Legal .~z
" :;.1)-1
0 Code Compliance & Legal Settlements 0 Unfinished Business :x 0
.::J z:
0 0 N II
Public Hearing ..
N
- , .
RECOMMEND A TION: Motion to approve a method of procuring automated "red light cameras"
for traffic enforcement purposes at selected intersections. The motion options are to procure the service
and equipment through a "request for proposal" or a "sole source" vendor already doing business with a
state agency via a contract on which the City of Boynton Beach would "piggyback".
EXPLANATION: At the December 16th meeting, the commission approved an ordinance
creating Chapter 14.5 of the Code of Ordinances called the Boynton Beach Dangerous Intersection
Safety Act. This ordinance established a mechanism for the utilization of automated "red light cameras"
which are used to detect those motorists who do not obey the automated traffic control devices at
selected intersections within the city. There are a number of vendors who are in the business of
supplying the equipment and services necessary to operate a automated red light enforcement system and
it will be necessary to select one ofthese vendors to install and maintain the equipment along with
retrieving the data and issuing violation notices to the offenders,
PROGRAM IMP ACT: The program will allow for the detection of red light violations at an
intersection where the equipment is installed. Fines will be collected resulting in increased revenue to
the city. Vendors of these systems claim that intersection traffic crashes will be reduced at those
locations where the equipment is installed and utilized, Other sources indicate that the incidence ofrear-
end crashes will be increased at intersections where the equipment is installed.
FISCAL IMPACT: The automated traffic enforcement system will result in increased revenue
to the city as a result offines. There would be no cost to the city involved with the operation of the
system other than the expenditure of approximately 20 hours per week of police department manpower
in order to review the violations prior to issuance of the violation notice.
S:IBULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: The alternative would be tll defer the decision for implementation P' Ii '.
program 10 determine whether the stale legislature \\il1 pass a hill (11" bills regulating the use of reel!! c'!!1
Cal>llCras.
;)
}A,~ I' ,;'"I
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epartment Head's Signature ity Manager's Signature
Assistant ro C it~ Manager ~-
-~--_..,-- -- --~ '-~
Department Name City Attorney! Finance
"HIIIIYT1NIFORMSIACilNIJA ITEM REG\ IF.ST I( )R'vl D()(
XII. - LEGAL
ITEM E.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Ot1ice Meeting Dates in to City Clerk's Ot1ice
0 December 16, 200S December I, 200S (Noon) 0 February )7,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 200S (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) [g] April 7, 2009 March 16,2009 (Noon)
0 Announcem ents/Presentati on s 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [g] Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Conduct review of bid protest and determine if bid protest warrants reversal of bid award.
EXPLANATION: On February 17,2009 the City Commission awarded a contract for concession operations at
Boynton Beach Oceanfront Park to B.J Catering, Inc. of Delray Beach. Subsequent to the award, one of the
unsuccessful bidders, Ultimate Catering, LLC filed a bid protest. The bid protest was reviewed by the City Attorney
and rejected. Ultimate Catering filed a notice of appeal to the City Commission.
BACKUP:
1. Original Agenda Backup.
2. 2/24/09 Notice of Award
3. 3/4/09 Protest Letter
4. 323/09 City Attorney letter rejecting protest.
5. 3/26/09 Notice of Appeal to City Commission.
6. APM Policy 10.14.01 "Bid Protests"
PROGRAM IMPACT: None.
FISCAL IMPACT: The award results in a 500.00 per month income stream to the City.
AL TERNA TlVES: None. A timely filed appeal must be reviewed by the City Commission.
. ..--~.-
'ty Manager's Sign~t~e
nt to City Manager ~_~_
Department Name
S IBULLETIMFORMS\AUENDA ITEM REQUEST FORM. DOC
\,
'ty Attorney / Finance
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VI.-CONSENT AGENDA
ITEM 8.4
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
0 December 16,2008 December 1,2008 (Noon) [g] February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December IS, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE,
FLORIDA" RFQ# 015-2710-09/JA to B & J CATERING, INC., OF DELRAY BEACH, FLORIDA. Lease payments
provided to the City of Boynton Beach in the amount $500.00 per month.
EFFECTIVE DATE OF LEASE: February 18,2009 to February 17, 2012
EXPLANATION: On December 16, 2008, Procurement Services opened and tabulated three (3) proposals for the
"THREE YEAR LEASE FOR CONCESSION OPERA nONS AT BOYNTON BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA. An evaluation committee was formed
and reviewed all proposals. The committee consisted of: Jody Rivers, Parks Superintendent, Wally Majors,
Recreation and Parks Director and Thomas Mahady, Ocean Rescue Chief. A numerical scoring system was utilized to
evaluate each proposal against requirements established in the RFQ (see attached). There were no current references
for Norman Lolonde, nor were there any breakfast items on his menu. Ultimate Catering's references were not
satisfactory. Therefore it was determined that B&J catering was the most responsive, responsible concessionaire that
met all criteria. .
B& J Catering currently has a temporary contract to operate the beach concession and the City is receiving positive
feedback. They are already equipped so there will be no interruption in service. This is especially important during
the tourist season.
The provisions of this bid award will allow for two (2) additional two (2) year extensions at the same terms,
conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in
the best interest of the City.
PROGRAM IMP ACT: The purpose of this RFQ was to seek qualifications from qualified Concessionaires interested
in upeniting the concession operations at the Boynton Beach Municipai Beach, Oceanfront Park.
FISCAL IMPACT: Agreement will generate revenue of $500.00 monthly for the City's General Fund.
AL TERNA TIVES: Not to approve agreement and not provide concession services at the Oceanfront Park.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
C: Wally Majors - Recreation and Parks Director
Jody Rivers - Parks Superintendent
File
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~
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Pwcurement s~c s - .
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
C: Wally Majors - Recreation and Parks Director
Jody Rivers - Parks Superintendent
File
11 RESOLUTION R09-0~)
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE AWARD OF THE THREE YEAR
7 LEASE FOR CONCESSION OPERATIONS AT
8 BOYNTON BEACH OCEANFRONT PARK, RFQ
9 #015-2710-09/JA TO B & J CATERING, INC. OF
10 DELRA Y BEACH, FLORIDA; AUTHORIZING AND
11 DIRECTING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE A LEASE AGREEMENT
13 BETWEEN THE CITY OF BOYNTON BEACH,
14 FLORIDA AND B & J CATERING, INC.,
15 PROVIDING FOR CONCESSIONS OPERATIONS
16 AT OCEANFRONT PARK; AND PROVIDING AN
17 EFFECTIVE DATE.
18
19 WHEREAS, on December 16, 2008, Procurement Services opened and tabulated
20 three (3) proposals; and
21 WHEREAS, after review and evaluation it has been determined appropriate by staff
22 to recommend award of a three-year Lease for Concession Operations at Oceanfront Park to
23 B & J Catering, Inc., of Delray Beach, Florida whose RFQ was overall responsive and
24 responsible proposer that met all criteria; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach does hereby approve the award of the "Three Year Lease for Concession
27 Operations at Boynton Beach, Oceanfront Park" RFQ #015-2710-09/JA to B & J Catering,
28 Inc., and to authorize the City Manager and City Clerk to execute a Lease Agreement
29 between the City of Boynton Beach and B & J Catering, Inc.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3] THE CITY OF BOYNTON BEACH. FLORIDA, THAT:
32
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
]
hereof.
2
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
3 approves the award of the "Three Year Lease for Concession Operations at Boynton Beach,
4 Oceanfront Park" RFQ #015-2710-09/JA to B & J Catering, Inc.
5
Section 3.
The City Commission of the City of Boynton Beach, Florida does
6 hereby authorize and direct the City Manager and City Clerk to execute a three-year Lease
7 Agreement between the City of Boynton Beach and B & J. Catering, Inc., a copy of said
8 lease being attached hereto as Exhibit "A".
9
Section 4.
This Resolution will become effective immediately upon passage.
10
PASSED AND ADOPTED this _ day of February, 2009.
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30 Janet M. Prainito, CMC
31 City Clerk
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
33
34 (Corporate Seal)
35
36
37 S:ICAIRESOlAgreementSlBid AwardslConcession at Oceanfront Park (Ellies Catering)2009,doc
2
,":' /' .."';~ --.. ~, ,
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Appendix "B"
"RE-BID FOR A THREE-YEAR LEASE AGREEMENT
CONCESSION OPERATIONS AT BOYNTON BEACH
MUNICIPAL BEACH. OCEANFRONT PARK"
LOCATED AT
6415 N. OCEAN BOULEVARD.' OCEAN RIDGE. FLORIDA
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and B&J CATERING. INC. hereinafter referred to as "the Concessionaire", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the
concession operations in connection with the project designated "THREE-YEAR LEASE FOR
CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH.
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN BOULEVARD. OCEAN
RIDGE. FLORIDA
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit
"B" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion of the
designated City facility located at the Boynton Beach Municipal Park and more particularly
described as "the concession building, located on the central boardwalk within Oceanfront Park,
is a wooden structure of approximately 260 square feet. The structure is designated as the "snack
bar", and is owned by the City of Boynton Beach, Florida and operated for the selling of food
and beverages for beach patrons."
4. TERM OF LEASE. Work under this contract shall commence upon the giving of written
notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a
period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This
lease shall be effective February 18. 2009.
5. PAYMENT. The Concessionaire shall pay the City a sum of $ 500.00 each month for the
first twenty-four months of the lease agreement. Subsequent payments each month shall be
based on Exhibit 'B' attached hereto, a lease payment schedule based on proposal from
Concessionaire dated December 16. 2008.
a. Said payment shall be made and received by the City on or before the 1 st day of each and
every month. A late fee of 15% will be charged for payments received after the 5th day of each
month. Any monthly payment not received by the 25th day of each month shall be subject to a
15% late fee and shall be grounds for termination of contract.
b. Concessionaire will keep accurate records of all sales and receipts through the use of
electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare
a monthly report to the City and attach copies of the daily tapes of each report. The City will
have the right to inspect the books, records and inventories of the Concessionaire at any
reasonable time. Monthly reports shall be due on the 1 st day of each month to the Recreation
Director.
CA-l
reasonable time. Monthly reports shall be due on the 1 st day of each month to the Recreation
Director.
c. Final payment of any balance due the City of the total contract price will be made promptly
upon its ascertainment and verification by the City after the completion of concession services
under this agreement and its acceptance by the City.
d. Security deposit of$l,OOO.OO made by Concessionaire at time of award will be returned to
Concessionaire at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms ofthe lease and left the premises in adequate condition, as
determined by the Recreation Director.
e. The Concessionaire's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Concessionaire's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Concessionaire.
8. INSURANCE. The Concessionaire shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the
Concessionaire is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Concessionaire nor any employee of
Concessionaire shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or
othetwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, othetwise assuming the duties of an employer with respect to
Concessionaire, or any employee of Concessionaire.
CA-2
10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has
not employed or retained any company or person, other than a bonafide employee working solely
for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Concessionaire,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
11. DISCRIMINATION PROHIBITED. THE CONCESSIONAIRE, WITH REGARD
TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR
PROCUREMENT OF MATERIALS OR SUPPLIES.
12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
13, NON - WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION
a. The City reserves the right to terminate this agreement at any time by giving thirty (10)
days written notice to the Concessionaire.
b. In the event of the death of a member, partner or officer of the Concessionaire, or any
of its supervisory personnel assigned to the project, the surviving members of the
Concessionaire hereby agree to complete the work under the terms of this agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations of
this agreement between surviving members of the Concessionaire and the City, if the
City so chooses.
c. This lease agreement may be terminated immediately for default of monthly payment
as stated in Section 4, "Term of Lease".
d. This lease agreement may, at the option of the City, be terminated immediately if the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit
of creditors or be convicted of a crime or any other similar gross misconduct.
CA-3
15. RENEW AL. The lease agreement has an option to renew the contract for two'(2) additional
two (2) year periods as stated in original proposal submitted, subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the
City.
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Wally Majors, Recreation Director
Notices to Concessionaire shall be sent to the following address:
B & J Catering, Inc.
2410 N. Federal Highway
Delray Beach, Fl 33483
Attn: James Guilbeault
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Concessionaire and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and
Concessionaire.
CA-4
DATED this _ day of
,20_.
CITY OF BOYNTON BEACH
City Manager
Attest! Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
Rev. 1/22/91
CA-5
Concessionaire
Title
(Corporate Seal)
Attest! Authenticated:
Secretary
EXHIBIT "B"
B. SCOPE OF SERVICES
Concessionaire:
1. Concessionaire shall propose a monthly lease payment to the City for the three years. Upon
renewal of the lease payment will be negotiable.
2. Concessionaire shall submit a sample written menu with proposal to include the brand name
of the product being offered and a detailed description of the item.
3. Concessionaire shall provide all working capital, operating equipment, and inventory
necessary to effectively manage the concession.
4. Concessionaire shall be responsible for full payment of all utility bills related to the
Concessionaire's operation. These utilities include, but are not limited to electric, water and
sewer services, sanitation, and gas. From past experience the average electric bill is
$300.00/month. The average water and sewer bill is $270.00/month.
5. The City reserves the right, or any organization granted powers as their agent, to sell food
and beverages for special community event programs of short duration as scheduled by the
City. A short duration is defined as one (1) to three (3) days.
6. The City shall not operate any competing concessions at Oceanfront Park without the
Concessionaire's approval, or without the Concessionaire having the first option as to
additional operations.
7. The Concessionaire will sell food and beverages as allowed by the Town of Ocean Ridge
variances granted to the City of Boynton Beach for the exclusive use by residents and visitors
to the Municipal Beach at Oceanfront Park.
8. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are
not limited to sunscreen, tanning lotions, and beach toys; however, the City of Boynton
reserves the right to have the final approval of such items. No alcohol or tobacco products
shall be offered for sale.
9. City may request Concessionaire to offer the sale oft-shirts, beach towels, and boxer shorts
fashioned with the City logo. These items will be inventoried by the City and all proceeds
from their sale will be paid to the City in addition to the monthly lease payment.
lO. City shall not be responsible for any goods or equipment stored at the concession nor
will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism,
explosion and/or other causes.
11. The City reserves the right to inspect premises at any time.
12. The Concessionaire shall keep accurate records of all sales and receipts through the use of
electronic cash registers which provide daily tapes and reports. The Concessionaire will
prepare a monthly report to the City and attach copies of the daily tapes of each report; report
CA-6
will be due the 5th of each month although the lease payment is due the 1 st of each month.
The City shall have the right to inspect the books, records and inventories of the
Concessionaire at any reasonable time.
13. At time of award, the Concessionaire shall file with Recreation Director, a $1,000 security
deposit, refundable at the end ofthe term, without interest, after determination that the
Concessionaire has fulfilled all terms ofthe lease and left the premises in adequate condition,
as determined by the Recreation Director.
Food Products:
1, All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale,
shall be of FIRST QUALITY and conform in all respects to the federal, state, and municipal
food and other laws, ordinances, and regulations.
2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products
kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable
products shall not be sold at any time.
3. Concessionaire shall utilize Branded Products (i.e. Barney's Coffee, Pepsi, Coca Cola, etc.).
4. The Concessionaire will be responsible for the purchase, inventory and security of all food
products offered for sale in the concession.
5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at
times and in a manner so that such deliveries do not create congestion or undue interference
with regular operation and maintenance of the site.
CA-7
6. Items sold by the Concessionaire are restricted by the Town of Ocean Ridge as fdllows:'
Deep fat frying is not permitted:
· Hot dogs (grilled)
· Condiments for hot dogs
. Prepackaged sandwiches
. Prepackaged potato chips, peanuts, etc.
. Candy
. Hamburgers (grilled)
. Condiments for hamburgers
· Prepackaged bakery goods
. Ice cream, ice cream bars, and other dairy products
· Soft drinks, coffee, and tea
7. City shall reserve the right to "taste test" all menu items to ensure quality.
8. City shall have the final approval on what menu items are used. Approval will not be
unreasonably withheld.
9. The Concessionaire will be responsible for pest control.
Equipment:
1, The Concessionaire will use all its own concession equipment that is approved by the
appropriate governing agency. Equipment may include, but is not limited to refrigeration,
microwave oven, and/or toaster oven.
2. All concession sales will utilize disposable plates, cups and cutlery.
Signage/ Advertising:
1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall
be subject to the approval of the City Manager.
Hours and Dates of Operations:
1, The Concessionaire shall be open for operations seven (7) days per week with the following
schedule: 8:00 a.m. to 5:00 p.m. with the option to expand hours to include 7:00 a.m. to 8:00
p.m. Expanded hours are at the discretion of the Concessionaire. Total available hours are
subject to the regulations of the Town of Ocean Ridge. Exact time of opening and closing
may have seasonal variations if approved by the City.
CA- 8
Concession Personnel:
1. The Concessionaire will provide, supervise, and compensate all concession employees. The
staff will be employees of the Concessionaire, not the City. The Concessionaire shall at all
times be an independent contractor and the agreement shall not in any way create or form a
partnership or joint venture with the City. No agent, servant, or employee of the
Concessionaire shall under any circumstances be deemed an agent, servant, or employee of
the City.
2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as
approved by the City, for all personnel. At a minimum, the training will consist of Customer
Service skills training. Documentation of training shall be sent to the Parks Superintendent.
3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
inside the concession buildings.
4. Concessionaire's staff shall be at all times neatly and cleanly dressed.
5. Vendor shall provide a list of employees to the city and provide proof that employer has
conducted a background check with the State of Florida Department of Law Enforcement
and the results of the background check for each employee who will be working at the
concession stand. City shall retain the right to prohibit an employee from working at the
concession stand based on the results of the background check.
6. Concessionaire shall employ only competent personnel to perform concession services. In
the event the City, in its sole discretion, at any time during the term of this lease agreement,
desires the removal of any person or persons employed by Concessionaire to perform
concession services pursuant to this lease agreement, Concessionaire shall remove any such
person immediately upon receiving notice from the City of the desire of the City for the
removal of such person or persons.
7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS' s) for all of the
products used in the performance ofthe contract on the premises. The MSDS's shall be
accessible to the Concessionaire's employees and to City employees for the purpose of
reference with regard to toxic and hazardous properties, precautions to take and what to do in
case of an emergency.
Sanitation:
1. Concessionaire will be responsible for bringing their trash and garbage to the designated
dumpster or recycling areas.
2. The Concessionaire shall make every effort to assist the City in keeping the area free from
debris a.Tld litter.
3. Concessionaire is responsible for complying with all recycling rules, regulations, and laws of
the City and/or appropriate governmental bodies.
CA-9
Term of Contract:
1. The lease agreement shall be for a period of three (3) years with an option to renew for two
(2) additional two (2) year periods as stated in original proposal submitted, subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City.
2. Monthly payment to City shall be due the first (1 st) of each month. Any monthly payment not
received by the 5th of the month shall be subject to a 15% late fee. Any monthly payment not
received by the 25th of the month shall be subj ect to a 15% late fee and shall be grounds for
termination of contract.
3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination.
4. This lease agreement may, at the option of the City, be terminated immediately if the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of
creditors or be convicted of a crime or any other similar gross misconduct.
CA- 10
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-03
TO:
Carol Doppler, Purchasing Agent
Jody Rivers, Parks Superintendent y\/
January 21,2009 U '"
J qrH1~
! I- ~'i.. t.-':'c.>""
~
FROM:
DATE:
SUBJECT: Beach Concessionaire Recommendation
The city received three (3) proposals from the following:
· Norman Lalonde
. Ultimate Catering, LLC
· B & J CateJ;ing (Ellie's CateriHg)
.lll c.. .
A review team made up of Wally Majors, Director of Recreation and Parks, Thomas Mahady, Ocean Rescue
Chief and lody Rivers, Parks Superintendent reviewed the proposals and rated them on six (6) criteria:
. Experience
· Sample Menu - Food Selection
. Sample Menu - Pricing
· Ability to Furnish Necessary Equipment
. Five Current Business References
. Proposed Rent
Based on the review of these criteria, the review team determined the following:
· There were no current references on Norman Lalonde
· Ultimate Catering's references were not satisfactory
· B & J Catering's references were as high as could be scored
· The sample menus for Normal Lalonde and Ultimate Catering did not include any breakfast items
· The sample menu for B & J Catering was well rounded
· B & J Catering currently has a temporary contract to operate the beach concession and the City is
receiving positive feedback. They are already equipped so there will be no interruption in service. This
is especially important during the tourist season.
For these reasons, it is recommended that B & J Catering be awarded the beach concession. The rating matrix is
attached for your review.
If you need further information, please let me know. Thank you for your assistance.
JR/
tachment
OCEANFRONT PARK
SNACK BAR CONCESSIONNAIRE
RATING MATRIX
rU
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-
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....
'0 Q) Q) C'G Q)
0- 't:J .. 0 ;:
C'G
iV c E .., Q)
.... .2 E otS '>
CRITERIA 0 C'G Q)
t- -J ;:) m ~
Experience 10 6 10 Mahadv
10 6 10 Maiors
10 6 10 Rivers
Subtotal 30 30 18 30
Sample Menu - Food Selection 3 3 5 Mahady
2 2 5 Maiors
2 2 5 Rivers
Subtotal 15 7 7 15
Sample Menu - Pricing 4 4 5 Mahady
5 5 5 Majors
4 4 4 Rivers
Subtotal 15 13 13 14
Ability to Furnish Necessary 10 10 10 Mahady
Equipment 10 10 10 Majors
10 10 10 Rivers
Subtotal 30 30 30 30
Five Current Business 0 1 5 Mahady
References 0 0 5 Majors
0 2 5 Rivers
Subtotal 15 0 3 15
Proposed Price 6 10 8 Mahady
8 10 6 Majors
8 10 6 Rivers
Subtotal 30 22 30 20
MAXIMUM POINTS 102 101 124
Rating 2 3 1
"""""ltiJ:'. IvIUST RE'
G~I
Carol Doppler, Cpp
- r.t:z ---------
Wally ~ajors, irector of Recreation
THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
BIDDER WHO MEETS ALL SPECTPTCATIONS*****
and Parks
RFQ DUE DATE: DECEMBER 16, 2008
RFQ DUE TIME: 2.:30 P.M.
RFQ # 015-2710-09/JA
'* -#. * * "if;
VENDORS B & J CATERING, INC NORMAN LALONDE ULTIMATE CATERING LLL
2410 N. FEDERAL HIGHWAY 2508 E. DUDLEY #B 70 I EAST COCO PLUM CIRCLE #6
DELRA Y BEACH, FL 33483 WEST PALM BEACH, FL 33415 PLANT A TION, FL 33324
PH: (561) 276-7716 PH: (561) 642-6949 PH: (954) 588-1991
FAX: (561) 276-1799 FAX: (561) 964-0403 FAX: (954) 424-3232
ATTN: JAMES GUILBEAULT A TTN: NORMAN LALONDE ATTN: PETER TOROCSIK
ORIGINAL AND FOUR (4) COPIES
SUBMITTED ORIGINAL AND THREE COPlES ORIGINAL AND FOUR COPlES ORIGINAL AND FOUR COPlES
PROPOSAL PRICE $850.00 1ST YEAR $900.00 2ND YEAR
$500.00 MONTHLY $650.00 MONTHLY FOR $1,000.00 3RD YEAR $1,100.00 4TH YEAR
FIRST TWO YEARS $1,200.00 5TH YEAR
QUALIFIER'S ACKNOWLEDGEMENT
SUBMITTED YES YES YES
STATEMENT OF QUALIFICA nONS
SUBMITTED YES YES YES
ANTI-KICKBACK
SUBMITTED YES YES/NOT NOTORIZED YES
OR SIGNED
NON-COLLUSION AFFIDAVIT
OF PRIME PROPOSER YES YES/NOT NOTORIZED YES
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED YES/NOT A MINORITY NO YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMA nON OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON-BEACH MUNICIPAL BEACH
THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
RFQ DUE DATE: DECEMBER 16, 2008
RFQ DUE TIME: 2:30 P.M.
RFQ # 015-2710-09/JA
VENDORS B & J CATERING, INC NORMAN LALONDE ULTIMATE CATERING LLL
2410 N. FEDERAL HIGHWAY 2508 E. DUDLEY #B 70 I EAST COCO PLUM CIRCLE #6
DELRA Y BEACH, FL 33483 WEST PALM BEACH, FL 33415 PLANT A TION, FL 33324
PH: (561) 276-7716 PH: (561) 642-6949 PH: (954) 588-1991
FAX: (561) 276-1799 FAX: (561) 964-0403 FAX: (954) 424-3232
ATTN: JAMES GUILBEAULT ATTN:NORMANLALONDE A TTN: PETER TOROCSIK
BIDDER'S SITE INSPECTION
CONFIRMATION
SUBMITTED YES YES YES
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YESINA YESINA YESINA
COMMENTS REFERENCES SUBMITTED REFERENCES SUBMITTED
MENU/PRICING SUBMITTED MENU SUBMITTED
EXPERIENCE LISTED
THREE YEAR LEASE FOR CONCESSION OPERA, ,JNS AT BOYNTON-BEACH MUNICIPAL BEACH
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): November 10, 2008
RFQ Title: RE-BID FOR A"TWO-YEAR LEASE FOR CONCESSION
OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH,
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FLORIDA
RFQ Number: 015-2710-09/JA
RFQ Received By: DECEMBER 16, 2008 NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: DECEMBER 16, 2008 NO LATER THAN 2:30 P.M. (LOCAL
TIME) and may not be withdrawn within ninety (90) days after such date and time.
Area Code:
All awards made as a result of this RFQ shall conform to applicable sections ofthe charter
codes of the City. .mC,
Name of Vendor: t 3 ~ ~ \
;Jbb- 7f~
flori~o....
Telephone Number: J.. '7 b - 7 7 1 Co
:A,b- 17'fcr
t'J. re4en.\ \-\w~
I
~~~ F l-
Federal LD. Number:
A Corporation of the State of:
Area Code:
Slol
510 1
FAX Number:
City/State/Zip:
~ '\ \\)
De\~f\""
\
s ~ '1<6 3
~ignature
Mailing Address:
Vendor Mailing Date:
Name Typed
17
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
ADDENDA
RFQ TITLE:
CITY OF BOYNTON BEACH
FLORIDA
']eQA.h 5hAc:j( ] tl ,
f/lie; CAi~1- iV'-5 i?frJ ~a'feri +(8
I ~.. I h" 0 g
QUALIFIER:
DATE SUBMITTED:
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
-:rC\~e..S C~v'} Lbe~lt
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
18
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
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
2.
Business Address:
~ ~e,\,,~ ~<i-S Ca:kri ~JIC.
]. l{JD ]\S. fe~e~ f\ \ \\~l-~ '
V~\ \' ~~ ~c:..~ F\. 33iY3
\
E II. I
1I1C.S
1.
Name of Qualifier:
3.
When Organized:
/9'85'
.J")ei'l\l ~\ FL
4.
Where Incorporated:
5. How many years have you been engaged in business under the present firm name?
;23
6. General character of work performed by your company.
Cgie.ri:J -
;'::004 ~\v;c-e..
.
7. Enclose evidence of possession of required licenses and/or business permits.
8.
Number of employees.
/0
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?* 1'0 0
-------
19
TillS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
12. Experience in performance of work similar in importance to this project.
Sfv/JJ( W
'//11_
/
con[t Name 1 Phone #
13+ C~j. nc.
~ es ~./II") Z~2 c:'976
~S 'l~ ~vtq: ~_
Project
$ Value
13. Contracts on hand. *
14. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: *
t/vH.-
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
this \ tp day of \)Ctbtv\ \o~
200~
By: ~
1~ (written Signa~e)
Name: ,)AI'f~ J GVI1 b~v/ r
(printed or typed)
Title: (]0~
20
TffiS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or b an TIcer of the corporation.
By:
- SIGNATURE
Sworn and. subscribed before~e
this / to day of cVO.<.#-z- &.p.J
, 200 :J
Printed Information:
G4t't,j ~ G tlf 'lGy.r
NAME
~,~ YL-
NOTARY LIC, State of Florida
at Large
() \N Vl- -t t7
-
TITLE
.:'~~~:~~~" Stephanie II Kahn
g~(t&'.;<:gCommission #DD432264
~~'.~:h Expires: MAY 22, 2009
~":,~,,,.~~
"",,?~.~\,,~ www.AARONNoTARY.com
lct--rca:J-erlnjJln~ .
1 { I e5 UJ t 'U'A.c.,--
COMPANY 4--
"OFFICIAL NOTARY SEAL" STAMP
21
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of ROy ~d
County of ~o\\'V'\ ~~<..~
5' ~1'1 e) Csvl"1 beA c/ 11--
)
)
1) He is 0 U vt-.e/ of
(Title)
has submitted the attached RFQ:
, being first duly sworn, deposes and says that:
J Cd-erl n5Jlh~' /!P
, " the qualifie~
(Name of Corporati or Firm)
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 RFQ 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 RFQ 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 an1; collusion, conspirac , connivance or
unlawful agreement any advantage against the C ( ,,;1 (Local
Public Agency) or any person interested in the proposed Contract; d
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 interest, inc ding this affiant.
(Signed)
(Title)
Subscribed and sworn to before me
u LJ /1
This I (, day of l/(.Jl--l)~
My commission expires )1.. (/-(J !' 1 I
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'~'~'~~E' MAY 22 20"'9
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22
TIDS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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.
Yes
~
Nb
Is your company a Minority Owned Business?
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) 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 or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~
24
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BIDDER'S SITE INSPECTION CONFIRMATION
Check One:
[8J NON-MANDATORY
o MANDATORY
RFQ TITLE: RE-BID FOR A"TWO -YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN
BL YD. OCEAN RIDGE, FL.
RFQ NUMBER: 015-2710-09/JA
DATE:
as an authorized representative of:
(Name and Title of Representative)
(hereinafter called the bidder) located at
(Name of Company)
and that said
Company Address
bidder has visited the site of the work and has carefully examined the plans and specifications for said project and
checked them in detail before submitting his bid or proposal.
DATE OF INSPECTION
COMPANY SIGNATURE/TITLE
-
PRESENTATIVE
TURE FOR MANDATORY ONLY
25
TillS 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: "HE-BID FOR A TWO-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH. OCEANFRONT
PARK" LOCATEI> AT 6415 N. OCEAN BOULEVARD. OCEAN RIDGE. FLORIDA
RFQ #: 015-2710-09/JA
MAIN CONTRACTOR NAME:
*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
01A-
26
IF YOU ARE NOT SUBMITTING A RESPONSE FOR TillS PROJECT, PLEASE
COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES
Proposal Review Score Sheet
Request for Qualifications
Firm Name:
Proposal Evaluation Criteria
Weight
*Rating
Weighted Rated
Experience 2 X
Sample Menu -Food Selections 1 X
Sample Menu - Pricing 1 X
Taste Testing 1 X
Ability to furnish all equipment necessary to operate concession as specified in RFQ
2 X
Successful Submittal of Five Current Business References
1 X
Proposed Price
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Maximum score possible is 50
* Rating
5 Excellent
4 Good
3 Acceptable
1-2 Poor
o Unacceptable
Committee Member
COMMENTS:
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Ellie's Catering
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15612761799
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DELI SANDWICHES
TURKE'YBREAST$6.00
HAM & SWISS $6.00
ALBA:CORE nJNA$6.00 '.
CHICKEN SALAD' $6.00 .
VEGGIE WRAP $6.00 .
GRilL ITE'MS
.. HOTDOG
:CHIUDOG
: BREAKFAST SANDWICH
:BREA.KFAST SANDWICHW /Hmn
'$3.00'
$4.;00:
$3.00,
$4,,00
so u P & SALADS
FRESH . GARDEN WIlUNA
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$7.00
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$4.t)Q
$3~OO
$3.0".
, " .,SNACKS&'SIDES
. NA.c::HoS.& CHEESE;
'an~... .
dt\.NDY:8ARs
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'ICE,CRaAM' BAR .
$2.;99
$1.00
$1 ~O()
$1.00
$2~SO .
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15612761799
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BEACH CONSESSION INVENTORY
Metal Tables 2
Cash Register 1
Assorted Baskets for Display 7
Salad Bar 1
Coolers 2
Crock Pot 2
Coffee Maker 2
Coffee Warmer 2
Large Metal Shelf 1
Pitchers 3
Hot Dog Cooker 1
Electric Grill 1
The City of
Boynton Beach
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Procurement Services
100 E, Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425'0310
Telephone No: (561) 742'6310
FAX (561) 742,6316
February 24, 2009
B & J Catering, lnc,
2410 N. Federal Highway
Delray Beach, Fl 33483
Attn: James Guilbeault
RE: "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH. MUNICIPAL BEACH. OCEANFRONT PARK"
LOCATED AT 6415 N. OCEAN BOULEVARD. OCEAN RIDGE,
FLORIDA
BID#: 015-2710-09/JA
Dear Mr. Guilbeault:
At the City Commission meeting of February 17, 2009, the "Three Year Lease for Concession
Operations at Boynton Beach, Municipal Beach, Oceanfront Park" Located at 6415 N.
Ocean Boulevard, Ocean Ridge, Florida was awarded to your company.
As stipulated within the Bid specifications, your company's original Certificate oflnsurance is to
be provided to our Risk Management Department at your earliest convenience, naming the City
as additional insured.
The original Contract is enclosed for your execution and has been signed on behalf of the City.
Please sign where indicated and return the original document to this office as soon as possible.
If you should have any questions regarding this bid, please feel free to contact Janet Allen, Buyer,
at (561) 742-6322,
Carol Doppler, CPPB
Purchasing Agent
/ja
Enclosure - Agreement
cc: Wally Majors - Recreation and Parks Director
Central File
Jody Rivers - Parks Superintendent
File
The City of
Boynton Beach
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PROCURElvIENT SERVICES
100 E, BOYNTON BEA CH
BOULEVARD
P.O. BOX 310
EO YNTON BEACH, FLORIDA
33425-0310
TELEPHONE NO: (561) 742-6310
FAX: (561) 742-6316
February 24,2009
Ultimate Catering, LLL
701 East Coco Plum Circle #6
Plantation, FI 33324
Attn: Peter Torocsik
RE: "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON
BEACH, MUNICIPAL BEACH, OCEANFRONT PARK" LOCATED AT 6415 N.
OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
BID #: 015-2710-09/JA
Dear Mr. Toroscik:
At the City Commission meeting of February 17, 2009, the bid for "THREE YEAR LEASE
FOR CONCESSION OPERATIONS AT BOYNTON BEACH, MUNICIPAL BEACH,
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN
RIDGE, FLORIDA" was awarded to B & J Catering, Inc. of Delray Beach, Florida.
We thank you for your response to this bid. Enclosed is a copy of the tabulation sheet for your
information.
If you have any questions regarding this Bid, please call Janet Allen, Buyer, at (561) 742-6322.
Sincerely,
Carol Doppler, CPPB
Purchasing Agent
/ja
Enclosure: Tabulation Sheet
Cc:
Central File
File
Fw: Ultirpate catering LLC' )rotesting against this unlawful contraC''' 'ward (Bid # 015-... Page 1 of 3
YAHOO!~, M~~~
'_ J'_1.;.~. _
Fw: Ultimate catering LLC is protesting against this unlawful contract award (Bid # 015-2710-09/JA
and Bid # 018-2821-09/JA)
Wednesday, March 4, 2009 12:51 PM
From: "Peter Torocsik" <torocsikpeter@yahoo.com>
To: bressnerk@bbfl.us
Dear City Manager,
Please, see forwarded emaill
Thank Youl
Peter Torocsik
561-929-9899
--- On Wed, 3/4/09, Peter Torocsik <torocsikpeter@yahoo.com> wrote:
From: Peter Torocsik <torocsikpeter@yahoo.com>
Subject Ultimate catering LLC is protesting against this unlawful contract award (Bid # 015-2710-
09/JA and Bid # 018-2821-09/JA)
To: PyleJ@bbflus, CherofJ@bbflus, SwansonL@bbflus, RiversJ@bbfLus, AllenJ@bbflus,
DopplerC@bbfl.us, nemeslola@yahoo.com
Date: Wednesday, March 4,2009, 12:44 PM
Via Certified Mail
Ultimate catering LLC
701 East Coco Plum Circle # 6
~]~:~!~:!!9D:::E.~;::~~:~~~''''''''''''''''''
City of Boynton Beach
Purchasing Department
Purchasing Agent
Janet Allen
Dear Madam, Dear City Manager, and Dear City Attorney,
Ultimate catering llC protest against the City contratc award of Bid # 015-2710-09/JA.
The reasons are the following:
1. The City of Boynton Beach issued an RFP in 2008 May 087-271 0-08/JA. After a couple of months it
was cancelled 4 company proposed. B & J Catering did not propose at this time, Ultimate Catering
LLC spokesman, James Cowen, 561-452-1909 called and several times spoke with Janet Allen
purchasing agent regarding the o;:;icome~"Jaii'ei Allen told that the City of Boynton Beach cancelled
the RFP because the City wants to put out a new bid where the Beach location and the Library Cafe
will be in the same bid, jointly. It is never happened'
2, Instead City of Boynton Beach is issued the second time and RFQ 015-271 0-09/JA for the Beach
location only, The second time 3 company proposed, B & J proposed this time. The RFQ opening day
was December 16, 2008,
http://us.me656.mail.yahoo. com/mc/ showMessage ?fid=Sent&sort=date&order=down&start... 3/4/2009
Fw: Ultimate catering LLC j 'otesting against this unlawful contractvard (Bid # 015-... Page L ot j
,
3, The City of Boynton Beach signed a short term agreement for the Beach location with James
Guilbeault There is no compay name was included in the agreement This short term contract was
never advertised to anyone, even dough all of the proposers would be happy to provide serices at the
Beach for City of Boynton Beach, The contract got into someone hand who did not even proposed for
itl On November 25, 2008 the City of Boynton beach commission awarded the short term agreement
to B & J without any knowledge about the proposed materials and any information about B & J
background,
4. On February 24, 2009 City of Boynton Beach sent us their letter which said that B & J won the
contract Ultimate catering LLC received this letter on February 27,2009,
5, City of Boynton Beach purchasing department recommended teh beach location for B & J for
THREE years lease Which is a suprise because in the RFQ there was only TWO year lease offered
5, Ultimate Catering LLC protest on March 3, 2009,
Ultimate Catering LLC is protest becasue this hole process is not ethical and
corrupt!
a. B & J proposal has fabricated pages, (Page 17, 18, 19, 20, 21, and 22), It is evident that the notary
signature initial was forged by someone on the parts where Ellies Catering was crossed out and 8 & J
was written out.
b, B & J owner, James Guilbeault made false statements on pages which was notarized, (page 21,
22) or James Guilbeult fabricated the pages after those pages were signed by Notary, Stephanie
Kahn, Recording Secretary,
c, B & J has no letter of transmittal
d. 8 & J had no reference listed
e, B & J had no menu listed
f. 8 & J had no prices listed
g, B & J had no experience listed
h. Proposed price ( $ 500) by 8 & J is less than a half copare it to Ultimate Catering LLC proposed
price( $ 850-1200), City of Boynton Beach will lose approximately $ 30,000,00 by chosing 8 & J, so
the taxpayers will lose this money too,
i. 8 & J qualifier acknowledgement has FALSE information, For example, if you call the listed phone
number you get a different catering company (Ellie's)
j 8 & J statement of qualification includes FALSE information. For example, 8 & J was organized in
2007, August 20. NOT in 1985! In addition, if 8 & J was organized in 2007 than this company
cannot been for engaged in business 23 years under the present firm name. Moreover on the next
page the experience in years increase from 23 years to 35.
k, B & J Anti-Kickback has FALSE information. James Guilbeaut notarized that he is the owner of
Ellies catering Which is not true,
I B & J Noncollusion has FALSE information. James Guilbeaut notarized that he is the owner of Ellies
catering, Which is not true
m B & J confirmation of minority owned business clearly sad that B & J is NOT a minority owned
business It is a suprise that on the tabulation sheet provided by Carol Doppler does not say that!
It is obvious that there was no responsibel evaulation committee and procurement, so nobody check
anything at alii No background, no requirements, no reference, nothingli
B & J got this contract by someone whose hand is a lettle bit longer than an average citizen's! Please,
find this person and FIR E him or herl
You can start by looking after Greater Boynton Beach Chamber of Commerce, Inc. They are a
http://us.mc656.mail. yahoo .com/mel showMessage ?fid=Sent&sort=date&order=down&start... 3/4/2009
Fw: Ultimate catering LLC' ryrotesting against this unlawful contra,' ~ward (Bid # 015-... Page 3 of3
Non-profit organization and James Guilbeault is one of the officer/director in this company, Do you
think he is a qualified Hot-Dog vendor or something else?
After that please apologize to us because your city violated our human rightsl
Sincerely,
Peter Torocsik
561-305-8646
~
C.c,: City Manager - Kurt Bressner
City Attorney - James Cherof
http://us.mc656.mail. yahoo .com/mel showMessage ?fid=Sent&sort=date&order=down&start... 3/4/2009
Swanson. Lynn
From:
Sent:
To:
Cc:
Subject:
Swanson, Lynn
Tuesday, March 24, 20092:27 PM
'torocsikpeter@yahoo,com'
Bressner, Kurt; LaVerriere, Lori; Doppler, Carol; Rivers, Jody
Ultimate Catering, LLC - Bid Protest
Attachments:
KM B135020090324231 018 pdf
~
KMBT35020090324
231018.pdf (307..,
Mr. Torocsik:
At the request of the City Attorney I am forwarding to you the attached letter regarding
your bid protest. The letter is also being sent to you through the D,S. Mail.
Lynn Swanson
Paralegal
City of Boynton Beach
100 E. Boynton Beach Blvd,
Boynton Beach, FL 33425
(561) 742-6053
( 5 6 1 ) 74 2 - 6 0 5 4 - Fax
SwansonL@bbfl.us
1
The City of Boynton Beach
OFFICE OF THE CfTYA TTORNEY
100 E, Boynton Belich Bou/liv/Jrd
Po. Box :no
Boynton Bench. Florida 33425'03/0
(56]) 742-6060
FAX' (56]) 742'6054
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March 24, 2009
V ia Regular Mail and
e-mail to:torocsikpeter@vahoo.com
Mr, Peter Torocsik
Ultimate Catering, LLC.
70] East Coco Plum Circle, #6
Plantation, FL 33324
Re: Bid Protest - March 4, 2009
RFQ #015-2710-09/JA
Dear Mr. Torocsik:
I am writing to you at the direction of the City Manager who has authorized me to render a
decision to you regarding your March 4, 2009 e-mail correspondence in which you indicate that you
are protesting the City Contract award of Bid #015-271 0-09/JA. By way of background, the City
Commission awarded a Lease for Concession Operations at Boynton Beach Oceanfront Park to B &
J Catering Inc., of Delray Beach, Florida. Ultimate Catering, LLC., was one of the unsuccessful
bidders.
I am acknowledging that your bid protest was timely, City records indicate that you were
notified of the award on February 24,2009. Under the protest procedures you had until March 5,
2009 to file your protest. Your protest was received on March 4,2009.
The substantive basis for awarding the contract to B & J Catering and rejecting your proposal
is as set forth in the explanation section of the City of Boynton Beach Agenda Item Request Form
which includes a determination by the review committee that B & J Catering was, overall, the most
responsive, responsible concessionaire considering all review criteria. The Commission Agenda
Item Request Form is attached as Exhibit "A", The Committee's evaluation criteria which was
relied upon by the City Commission is attached as Exhibit "B",
Pursuant to the Bid Protest procedures you have the right to appeal this decision to the City
Commission provided you do so within three days of the date of this decision. If you appeal the
decision the City Commission, within thirty days of this response, shall consider your protest. If you
appeal, your appeal will be placed on the City Commission agenda for April 7, 2009,
America's Gateway to the Cui/stream
The City of Boynton Beach
OFFICE OF THE CITY A 77'ORNEY
100 E. Boynton Beach Boulevard
PO, Box 310
Boynton Bench, Florida .93425'0310
(561) 742'6050
FAX' (561) 742-6054
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If you have any additional questions regarding this award please do not hesitate to contact
me.
very~
James A. chero~
City Attorney
JAC/lms
S:ICAIBid Prolcst~'Ullimllle Calcring,doc
cc: Kurt Bressner, City Manager
Lori Laverriere, Assistant City Manager
Carol Doppler, Purchasing Agent
Jody Rivers, Park Superintendent
Americas Gateway to the Gulfstream
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VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requcsted City Commission Date Final Form Must ~ Turned Requested Cily Commission Dale Final Fonn Must be Turned
Meeting. Oales io to Cil)' Cler~ 'S Office t;leetine D.1.e5 in to Cirr Clerk '5 Offi\;c
0 December 16,2008 December 1,2008 (Noon) I8l February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 Febroary 17,2009 (Noon)
0 January 20. 2009 January 5, 2009 (Noon) 0 March 17. 2009 March Z. 20{)9 (Noon)
0 February 3,2009 January 19,2009 (Noon) 0 April 7,2009 March 16.2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM l8J Consent Agenda 0 Legal
0 Code Compliance; & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK LOCATED AT 64J5 N. OCEAN BOULEVARD. OCEAN RIDGE,
FLORIDAn RFQ# OJ5-27JO-09/JA to B & J CATERING, INC., OF DELRAY BEACH. FLORIDA. Lease payments
provided to the City of Boynton Beach in the amount 5500.00 per month.
EFFECTIVE DATE OF LEASE: February 18, 20()9 to February 17, 20U
EXPLANATION: On December 16,2008, Procurement Services opened and tabulated three (3) proposals for the
"THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA. An evaluation committee WIS formed
and reviewed all proposals. The committee consisted of: Jody Riven, Parkl Superintendent, Wally Majon,
Recreation and Parks Director and Thomas Mabady, Otean Rescue Chief. A numerical scoring system was utilized to
evaluate each proposal against requirements established in tbe RFQ (see attllched). There were no current references
for Norman Lolonde, nor were there any breakfast items on his menu. Ultimate Catering's references were not
satisfactory. Therefore it was determined that B&J catering wu the most responsive, responsible concessionaire that
met all criteria. .
B& J Catering currently hIlS a temporary contract to operate the beach concession and the City Is receiving positive
feedback. They are already equipped so there will be no interruption In service. This 15 especially importanl during
the tourist season.
The provisions of this bid award will allow for two (2) additional two (2) year extensions 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: The purpose of this RFQ was to seek qualifications from qualified Concessionaires Interested
in operating the concession operations at the Boynton Beach Municipal Beach, Oceanfront Park.
FISCAL IMPACT: Agreement will generate revenue ofS500.00 monthly for the City's General Fund.
A L TERNA TIVES: Not to approve agreement and not provide concession services at the Oceanfront Park.
S,\BULLETTN\FORMSIAGENDA ITEM REQUEST FORMDOC'
C Wally Majors - Recreation and Parks Director
Jody Rivers - Parks Superintendent
File
E-xfl-ll3/T ItA II
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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~.~
Procurement Servi s
S \BULLETfN\fORMSIAGENDA ITEM REQUEST FORM.DOC
C Wally Majors - Reecealic" and Parks Director
Judy Rivers Parks Surenmendellt
File
THREE YEAR LEASE FOR CONCESSION OPERA nONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
AD other offers submitted in response to this solicitation,
if any, are hereby rejected as bte"
RFQ DUE DATE: DECEMBER 16, 2008
RFQ DUE TIME: 2:30 P.M.
RFQ # 015-2710-09/JA
VENDORS B & J CATERING, INC NORMAN LALONDE ULTIMATE CATERING LLL
2410 N. FEDERAL HIGHWAY 2508 E, DUDLEY #B 701 EAST COCO PLUM CIRCLE #6
DELRA Y BEACH, FL 33483 WEST PALM BEACH, FL 33415 PLANTATION, FL 33324
PH: (561) 276-7716 PH: (561) 642-6949 PH: (954) 588-1991
FAX: (561) 276-1799 FAX: (561) 964-0403 FAX: (954) 424-3232
ATTN: JAMES GUILBEAULT A TfN: NORMAN LALONDE A TIN: PETER TOROCSIK
ORIGINAL AND FOUR (4) COPIES
SUBMITTED ORIGINAL AND THREE COPIES ORIGINAL AND FOUR COPIES ORIGINAL AND FOUR COPIES
PROPOSAL PRICE $850.00 ] ST YEAR $900.00 2ND YEAR
$500,00 MONTHLY $650,00 MONTHLY FOR $1,000.00 3RD YEAR $1,100.00 4TH YEAR
FIRST TWO YEARS $1,200.00 5TH YEAR
QUALIFIER'S ACKNOWLEDGEMENT
SUBMITTED YES YES YES
STATEMENT OF QUALIFICATIONS
SUBMITTED YES YES YES
.\ NTI-KlCKBACK
JBMITTED YES YESINOT NOTORIZED YES
OR SIGNED
NON-COLLUSION AFFIDAVIT
OF PRIME PROPOSER YES YESINOT NOTORIZED YES
CONFIRMA nON OF MINORITY
OWNED BUSINESS SUBMITTED YESINOT A MJNORITY NO YESINOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACESUBMTInCD YES YES YES
"'
"
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h.
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THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK
LOCA TED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if sny, are hereby rejected as late"
RFQ DUE DATE: DECEMBER 16, 2008
RFQ DUE TIME: 2:30 P.M.
RFQ # 015-2710-09/JA
VENDORS B & J CATERING, INe NORMAN LALONDE ULTIMATE CA TERING LLL
2410 N. FEDERAL mGHW A Y 2508 E. DUDLEY #B 701 EAST COCO PLUM CIRCLE #6
DELRA Y BEACH, FL 33483 WEST PALM BEACH, FL 33415 PLANT A TION, FL 33324
PH: (561) 276-7716 PH: (561) 642-6949 PH: (954) 588-1991
FAX: (561) 276-1799 FAJ<:(561)964-0403 FAX: (954) 424-3232
A TTN: JAMES GUILBEAULT A TIN: NORMAN LALONDE ATTN: PETER TOROCSIK
BIDDER'S SITE INSPECTION
CONFIRMATION
SUBMITTED YES YES YES
SCHEDULE OF SUBCONTRACTORS
SUBMITTED YES/NA YES/NA YES/NA
COMMENTS REFERENCES SUBMITTED REFERENCES SUBMITTED
MENUIPRICING SUBMITTED MENU SUBMITTED
EXPERIENCE LISTED
Page 10f2
Swanson, Lynn
From: Rivers, Jody
Sent: Thursday, March 26,20091016 AM
To: Swanson, Lynn
Subject: FW Ultimate Catering, LLC - Bid Protest
From: Peter Torocsik [mailto:torocsikpeter@yahoo.com]
Sent: Thursday, March 26, 2009 10:14 AM
To: Swanson, Lynn
Cc: Bressner, Kurt; LaVerriere, Lori; Doppler, Carol; Rivers, Jody
Subject: Re: Ultimate Catering, LLC - Bid Protest
Dear Lynn Swanson,
Please forward the following email to the City Attorney!
Thank You!
Peter Torocsik
561-305-8646
Dear James A, Cherof,
Ultimate Catering LLC APPEAL, and we want this unlawful and unethical decision seen by the City
Commission on April 7, 2009,
According to our conversation yesterday, you can see that you had no idea what you are talking about.
You do not have the correct information in your hand!
I f you need our explanation in detail, than please allow us to provided it to you by tomorrow.
See you on April 7,2009 at the City Commission!
Sincerely,
Peter Torocsik
561-305-8646
--- On Tue, 3/24/09, Swanson, Lynn <SwansonL@bbfl.us> wrote:
From: Swanson, Lynn <SwansonL@bbfl,us>
Subject: Ultimate Catering, LLC - Bid Protest
To: torocsikpeter@yahoo,com
Cc: "Bressner. Kurt" <BressnerK@bbtl,us>. "LaVerriere, Lori" <LaverriereL@bbtl.us>,
"Doppler, Carol" <DopplerC@bbtl.us>, "Rivers. lody" <RiversJ@bbtl.us>
Date: Tuesday, March 24. 2009, 2:26 PM
Mr. Torocsik:
3/26/2009
CITY OF BOYNTON BEACH, FLORIDA
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.1 0.14.01 - 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 opening or closing 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