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Agenda 09-19-01100 E. Boynton Beach Boulevard (561) 742-6000 C NDA SEPTEMBER 19, 2001 Gerald Broening Mayor Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District Iil Charlie Fisher Commissioner District IV Kurt Bressner City Manager Visit our Web site www.ci.boynton-beach.fl.us ~ani presentati ~n and actio, n. are items which, the'Commission does :not: need to discuss individua ly are items which the; Commission will discuss individually in the order · a regular voice vOte with "Ayes &Nays" or by a roll, of the agenda item. This can be by either SPEAK:~NG AT COMMI'SSTON MEETZNGS: The public is encouraged, to: offer comment to the commission at their meetings during Public Hear ngs, Public Audience, and On any regular agenda item. City Commission meetings are business meetings and~ as such, the Commission retains the right to limit discussion on an issue. Comment car the Public Card" begun. the ent~ door to the Chambers. Please the dais . Comment by of th~ agenda item has · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public · concerning any th will call for · Regular a motiOn' The ~ the~ Ireen cards The Mayor on the agenda after on City Clerk. n your name podium and state, for the record, your name and address. DECORUM: Any Com mi: members present. ir, un ess thc tis Commission Please tUrn off all pagers and cellular phones in the Ci~ CommisSion Chambers while the City Commission ' Meeting is in session. City Commission r Bo~Jlevard month the Ag 'Commission Chambers, 100 East Boynton Beach September 19, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING REVISED AGENDA 6:30 P.M. T. OPENINGS: B. C. D. Call to Order - Mayor Gerald Broening Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by' Mayor Broening Statement Regarding September 11m - Mayor Gerald Broening E. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. IlL F. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMZ'I'ED TO 3-MINUTE PRESENTAI'ZONS OTHER: A. Informational Items by Members of the City Commission II. cTrY OF BOYNTON BEACH AGENDA REGULAR CZ'DY COMMTSSTON MEE'I'ZNG SEPTEMBER 19~ 2001 Appointment To Be Made II III I II II II I III IV III V, ADMINISTRATZVE: A. Accept resignation of David Katz, Regular Member, Nuisance Abatement Board B. Appointments to be made: Length of Term Board Expiration Date McCray Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to ,/02 Ferguson Children & Youth Advisory Bd Stu/P, eg/Voting :1 yr term to 4/02 Weiland Bldg. Bd of Adj & Appeals Reg 3 yr te~m to 4/04 McCray Bldg. Bd of Adj & Appeals Alt :1 yr term to 4/02 McCray Cemetery Board Alt 1 yr term to 4/02 McCray Code Compliance Board Alt 1 yr term to 4/02 Weiland Education Advisory Board Alt 1 yr term to 4/02 Ferguson Golf Course Advisory Committee Alt 5 yr term to 6/06 Fisher Golf Course Advisory Committee Alt 5 yr term to 6/06 Ferguson Nuisance Abatement Board Peg 2 yr term to 4/03 ANNOUNCEMENTS & PRESENTA'r~ONS: A. Announcements: 1. Oceanfront Concert Series on September Oceanfront Park - Island Heat (Calypso/Soca) 2. Presentation of all local School Improvement 2001 at 6:00 p.m. in the Library Program Room Presentations: 21, 2001, 6-9 p.m. at Plans on September 24, (Tabled-2) (Tabled-2) (Tabled-2) (l'abled-2) (Tabled-2) (Tabled-2) (Tabled-2) Proclamations: a. "Sickle Cell Awareness Month" b. "HeadStart Awareness Month" Presentation to Little League team by Vice Mayor Ron Weiland 2 CTrY OF BOYNTON BEACH AGENDA REGULAR CZTY COMM'rSS'fON MEETZNG SEPTEMBER lg~ 2001 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 ali of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Meeting of August 21, 2001 2. Agenda Preview Conference of August 30, 200:IL 3. Regular City Commission Meeting of September 4, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the "piggy-back" of the City of Port St. Lucie, RFP#0352-01-BG, Contract #20010352, awarded to Management Learning Laboratories, for a Comprehensive Recreation and Parks Needs Assessment, in an amount not to exceed $20,500 (Proposed Re~olution No. ROZ-2S4) Extend the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE," Bid #079-2730-00/KR, for one (1) additional year to various vendors for an annual estimated expenditure of $691,142 (New Bid #081-2730-01/KR) Award the bid for "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM," Bid #083-2510-01/KR, to Otto Industries, Inc. for a two (2) year period with an estimated annual expenditure of $30,000 Approve the "piggy-back" of the CZI-Y OF WEST PALM BEACH, B:[D#00/01-28, awarded to ANCHORS EMERGENCY BOARD UP SERVTCE in the amount "not to exceed $10,000" annually Award a contract to Construction Technology, :[nc. of West Palm Beach in the amount of $9z1~,575 for the construction of Boat Club Park under Bid #077-2413-01/C3D and to establish a total project budget appropriation of $1,0~4,575 (Proposed Resolution No, RO:L-2SS) Extend the "ANNUAL BID FOR DEL,'-VERED REFRESHMENTS FOR THE LATCHKEY AFTER-SCHOOL PROGRAM," Bid #083-2710-00/KR for seven and one half (71/2) months (school year) to SANDRA L. STROKE, of West Palm Beach, Florida with an estimated expenditure of $4,940.76. New Bid #099-27:L0-01/CJD 3 cI'rY OF BOYNTON BEACH AGENDA REGULAR CITY COMMTSSTON MEETING SEPTEMBER :19~ 200:1 Award the TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM, RFQ #088-2110-01/C, JD to various qualified tow companies, and authorize the Mayor and the City Attorney to execute the Towing Services Agreement 2001 and issue the Certificate of Qualification to approved tow companies (Proposed Resolution No. R0:1-256) Approve the recommendation of the Real Estate Administrator selection committee by designating The Urban Group, Inc. as the number one rated firm for providing real estate administration services, authorizing the City Manager or his designee to conduct negotiations with the Urban Group, Inc. for purposes of entering into a professional services contract, and approving a purchase order in the amount of $85,000 for those services C. Resolutions: Proposed Resolution No. R01-257 Re: Approving release of cash bond of $13,612.50 for the completion of permitted work at the Riverwalk Plaza (1608 S. Federal Highway) Proposed Resolution No. R01-258 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and the Florida Department of Transportation Highway Safety Plan, to continue funding 50% of one (1) police officer salary for DUI Enforcement Proposed Resolution No. R01-259 Re: Approving and authorizing the Mayor to sign up to fourteen (14) Agreements for Water Service Outside of the City Limits for the properties on Tucks Road, after review by City Staff and the City Attorney for completeness Proposed Resolution No. R01-260 Re: Approving a monthly rental agreement between the City of Boynton Beach and Stor- All D. Ratification of Planning & Development Board Action: None E. Ratification of Community Redevelopment Agency Action: None F. Approve Library Long-Range Plan for FY 2001-2004 Approve the purchase of one (1) forklift in the amount of $15,086.05 from National Lift Truck Service utilizing State of Florida Contract #760-001-99-1 4 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETING SEPTEMBER 19, 2001 VII. Approve a payment to U.S. Filter in the amount of $16,600 for the repair of two sanitary sewer pumps at Lift station 356 Approve a payment to Godwin Pumps of America in the amount of-$15,615 for rental of by-pass pumps at Lift Station 356 during pump failure Approve the land purchase of Lot 13, Block 9, BOYNTON RIDGE SUBDIVISION, in the amount of $14,500 for use in the City's Affordable Housing Infill Program CITY MANAGER'S REPORT: A. CRA Proposed 2001/02 Budget Proposed Resolution No. R-01-261 Re: Authorizing the Community Redevelopment Agency of the City of Boynton Beach to issue a promissory note in the principal amount not to exceed three million dollars ($3,000,000) and authorizing the City to guarantee the obligations of the Community Redevelopment Agency (CRA) udder the note Presentation on Arts Commission Project (Initiative 1.2) - Presented by Virginia Farace Authorization to proceed with the purchase of Morey's Lounge, per the Agreement for Purchase and Sale of Real Property and authorizing the Mayor, City Manager, City Clerk or other officials to execute the closing documents PUBLI'C HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM:ITS None FUTURE AGENDA ITEMS: A. Review of City Noise Regulations (October 2, 2001) B. Traffic Calming and Traffic Control Final Report (October 2, 2001) C. Marina Project Update (October 16, 2001) Proposed Demolition of the Mangrove Park School (Old High School) at 125 E. Ocean Avenue (October 16, 2001) Report on ordinance changes for Advisory Board attendance and conduct standards (November 6, 2001 F. Water Conservation Strategy (November 6, 2001) 5 C:~'Y OF BOYNTON BEACH AGENDA REGULAR CZ'I'Y COH MISSION MEE'r~NG SEPTEMBER 19~ 2001 Redevelopment Code issues for non-conforming lots and buildings in commercial areas (November 2001) Ordinance establishing setbacks from schools and/or churches for establishments having liquor licenses (November 20, 2001) I. FRA Whistle Ban - Report (December 4, 2001) X. DEVELOPMENT PLANS: X~. NEW BUSINESS: XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances- 1~ Reading Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter i and Chapter 2_1, regarding "Banners" (TABLED TO OCTOBER 2~ 2001 AT TI~E I~E~UEST DF THE LEGAL DERARTMENi~ Proposed Ordinance No. 0~.-52 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 6.A.3. providing for an increase in the maximum structure height in the C-1 zoning district from 25 to 30 feet; providing for an increase in the building height for buildings with under building parking to thirty-five feet as a conditional use in the C-1 zoning district; and amending Chapter 2, Section 4.F. providing for the addition of parapets as a potential exemption from height limitations C. Resolutions: None D. Other: 6 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETING SEPTEMBER 19~ 2001 UNF'ZNISHED BUSINESS: AD3OURNMENT: NOT[CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAITER CONSIDERED AT THIS MEETING., HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPO~ W~iCH TH~ APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPP. L~TE AUXILIARY ~DS AND SERVICES WHERE NECESS~Y TO ~ucFORD AN INOIVIDUAL ~ A DISA~ILII'Y AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERV~CE~ PROGRAM~ OR A~ CONDUCTED BY THE CITY. PLEASE CONTACT 30¥CE COSTEU-O, (561) 742,6013 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR A~ IN ORDER FOR THE C~TY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVZSED FINAL AGENDA 09/19/01 09/14/2001 1:14 PM jb:~gSHRDATA\CC\WP\CCAGENDALA, GEN DAS\YEAR 2001\091901 FINAL AGENDA.DOC 7 RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.8160 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.8160 MILLS IS 3.29% PERCENT dOVE THE COMPUTED ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, a Final Budget has been reviewed and considered by the City Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the City Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE ~RESOLVED BY THEC~Y COMMISSION OF THECITYOF BOYNTONBEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied against ad valorem valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the Fiscal Year beginning October 1, 2001, and ending September 30, 2002, is hereby set at 7.8160 mills plus 0.4113 for Voted Debt Service for a total Final Millage rate of 8.2273. Section 2. The Final Millage rate of 7.8160 mills is 3.29 percent above the computed rolled-back rate. Section 3. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4.. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution Shall become effective immediately upon passage. FIRST READING, this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner s~ca\reso\budgeC\Final Millage Rev.9/1/01 ORDINANCE 01-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND; VOTED DEBT SERVICE FUNDS CAPITAL IMPROVEMENT FUND; UTILITIES FUND; VEHICLE SERVICE FUND; SANITATION FUND, LOCAL OPTION GAS TAX FUND; WAREHOUSE FI/ND; MASS TRANSIT FUND; SELF- INSURANCE FUND; GOLF COURSE iMPROVEMENTS FUND; AND CEMETERY FUND; PROVIDI!NG FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. W~ER~AS, a final budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and W~ER~AS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October t, 2001, and ending September 30, 2002, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $44,293,734.00 the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby apPropriated the sum of $1,124,961.00 to the interest and sinking fund for the general debt~ service 'for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subjlect to statutory exemptions and for redeeming such bOndS as they mature. Section 3. That therelis hereby appropriated the sum of $30,263,926.00 to the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 4. That there is hereby appropriated the sum of .$6,433,260.00 to the Sanitation Fund for the payment of operating expenses and necessary capital outlays. Section 5. That there is hereby appropriated the sum of $2,237,584.00 to the Golf Course Revenue Fund for operating expenses and necessary capital outlays.. Section 6. That there is hereby appropriated the sum oS $519,337.00 to the Boynton Beach Recreational Facilities Fund for the purpose of paying Debt Service due on the Golf Course Recreational Bonds, the sum of $12,752.00 for amortization of its Revenue Bond discounts, for a total of $2,769,673.00 Dollars. Section 7. That there is hereby appropriated the sum of $4,533,200.00 to the Vehicle Service Fund for the payment of operating expenses and necessary capital outlays. Section_ 8. Tha~ there is hereby appropriated the sum of .$1,518,000.00 the Local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $19,736,644.00 To the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10. That there is hereby appropriated the sum of $3,814,734.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $5,249,100.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $28,800,478.00. Section 11. That there is hereby appropriated the sum of $230,425.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of $391,000.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $3,536,989.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the sum of $2,210,567.00 to the Self-Insurance Fund for the payment of operating expenses. Section 15. That there is hereby appropriated the sum of $262,920.00 to the Mass Transit Fund for the payment of operating expenses and necessary capital outlays. Section 16. That there is hereby appropriated the sum of $736,165.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $712,238.00 to the Community Improvement Fund for the payment of operating expenses and necessary capital outlays. Section 18. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 19. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 20. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unco:nstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Ordinance. Section 21. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. FIRST READING THIS day of September, 2001. SECOND, FINAL READING AND PASSAGE, this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk (Corporate Seal) s,ca\bu~ge=\~inal Budge= - 1"= Zea~Lng 081601 Vice Mayor Commi s s ioner Commi s s i one r Commi s s ioner IV.-ADMINISTRATIVE ITEH A. 742 NW 11th Street Boynton Beach, FL 33426 August 31, 2001 Honorable Mayor & City Commissioners City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Gentlemen: Due to other commitments, ! must tender my resignation from the Nuisance Abatement Board, effective today. David Katz V-ANNOUNCEMENTS & PRESENTATIONS ~tern B.l.a Sickle cell disease is an inherited disorder that affects red blood cells. Sickle cells cause many problems including anemia, lung tissue damage, pain episodes and stroke. The blockage of blood flow caused by sickled cells also causes damage to most organs including the spleen, kidneys and liver. Sickle cell disease is a global health problem. In the United States it is estimated that over 7'0,000 people have sickle cell disease. About 1,000 babies are bom with the disease each year in this country. Measures to ameliorate the excruciatingly painful sickle-cell crises have been introduced for those afflicted. Also, our ability to combat life-threatening complications has improved. But while there has been substantial progress in research on sickle-cell disease and diagnostic procedures have been greatly improved, much remains to be done to conquer this serious health problem. The Sickle Cell Foundation of Palm Beach County, Inc. aids individuals and families affected by sickle cell disease and conducts education programs to increase community awareness about the disease. Dudng the month of September, the Sickle Cell Foundation of Palm Beach County, Inc. will conduct various activities that will make residents throughout Palm Beach County more sensitive to this disease. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim the month of September 2001 as: "SICKLE CELL AWARENESS MONTH" in Boynton Beach, Flodda, and urge all citizens of our City to join in leaming more about this serious disease and to support the efforts of the Sickle Cell Foundation of Palm Beach County, Inc. in educating the public, as well as seeki ng a treatment and cure for Sickle Cell Disease. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 19th day of September in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) V-ANNOUNCEMENTS & PRESENTATIONS ~tem B.l.b Since 1965, HeadStart has nurtured the promise of a better future for Iow-income children and their families. Through 1996, HeadStart has served more than 15 million children and their families in all 50 states, the Distdct of Columbia, Puerto Rico and the U.S. territories. HeadStart provides children with activities that help them grow mentally, socially, emotionally, and physically. The HeadStart staff recognizes that parents are the first and most important teachers of their children. They welcome their involvement in HeadStart activities, and work as partners with them to help the child progress. HeadStart staff members offer a child love, acceptance, understanding and the opportunity to learn and to experience success. HeadStart children socialize with others, solve- problems and have other experiences that help them become self-confident. The children also improve their listening and speaking skills. ' HeadStart has played a major role in focusing the attention of the nation on the importance of eady childhood development. The program has had a dramatic impact on the delivery of child development and childcare services and on the expansion of community activities for young children. In addition to improving the lives of children, HeadStart has had a positive impact on parents and families. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim the month of October 2001 as: "HEADSTART AWARENESS MONTH" in Boynton Beach, Florida, and urge all citizens of our City to appreciate the important contribution this program makes to the quality of life of our young people. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 19th day of September in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commission Meeting Dates [] July 17, 2001 [] August 7,200l [] August 21, 2001 [] September 4, 2001 V-ANNOUNCEMENTS & PRESENTATIONS Item B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlvl Date Final Form Must be Turned in to Cit~ Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p:m0 August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to Citw Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM- [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Presentation to East Boynton Beach Little League All Stars. EXPLANATION: These young men are the District Seven Champions; Section Two Champions (after losing first game won five games in a row to win championship); and Fourth in the State (losing to Apopka, who went on to win the National Title). Mike Lopez Yberto Herrera Chris Emerson Ryan Tufts Manager Mike Lopez Coach Paul Tufts Carlos Lopez Larry Walicki Brian Harrington Jason Irene Coach Bill Simmel Brian Simmel Stephen Spradling Alex Redfeam Tim Maxwell Coach Fransico Herrera Department Head's Signature '~' City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "piggy-back" of the City of Port St. Lucie, RFP#0352-01-BG, Contract #20010352, awarded to Management Learning Laboratories, for a Comprehensive Recreation and Parks Needs Assessment, in an amount not to exceed $20,500.00. EXPLANATION: The Recreation Department desires to retain a professional consulting firm for the preparation, implementation, and interpretation of a comprehensive park, recreation, and cultural opportunity interest, attitude and opinion survey (needs assessment). The study will assist the Recreation and Park Departments in the formation of goals, policies, and the future development of program areas and facilities. This is directly correlated to the growing expectations to make accurate long-term budget projections. The City of Port St. Lueie recently completed a similar comprehensive needs assessment using a formal Request for Proposal (RFP) process. The awarded consulting firm was Management Learning Laboratories, and it is Recreation Department's desire to "piggy-back" this contract per attached memo #01-61 from Willy Majors, Recreation Director. PROGRAM IMPACT: Accountability to taxpayers, sensitivity to changing recreation interests of the community, and recognition of the need for updating the baseline information for more efficient recreation management. This project will give us a clear understanding of the recreational needs of the community, and provide comparative information on the current available programs. In addition, it will assist Recreation Department in analyzing if any programming deficiencies exist. FISCAL IMPACT: Recreation Department initially allocated $13,000 in the Recreation Program Revenue Fund. Additional funding of $7,500 will be made available from the Retained Earnings of the fund. Account Description Account Number Other Contractual Services 172-2712-572-49-17 ALTERNA_.II,VES: Initiate our_~o.wn~Request]~/Prgl~osai ,~P). ~ep~ha'rie~t Head's Slgnamr~ / City Manager's Signature Procurement Services Department Name S:kBULLETrNXFORMSkAGENDA ITEM REQUEST FORM.DOC C: Willy Majors- Recreation Director File RESOLUTION NO. R- 01 A RESOLUTION OF. THE CITY COMMISSION :OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF THE CITY OF PORT ST. LUCIE, RFP#0352-01-BG, AWARDED TO DRIES, FOR PARK IN THE ~OUNT OF TWENTY WHEREAS, it is the Recreation Department's desire to retain a consulting finn for the preparation, implementation, and interpretation of a comprehensive park, recreation and cultural interest survey; and WHEREAS, the City of Port St. Lucie completed a similar comprehensive needs assessment by using a formal Request for Proposal Process (RFP) and awarding the bid to Management Learning Laboratories, known as RPF#352-01-BG of Port St. Lucie; and WltEREAS, the City of Boynton Beach d~sires to "Piggy-Back" RPF#352-01- BG of Port St. Lucie; and WltEREAS, the "Piggy Back" of RPF#352-01-BG of Port St. Lucie is in the best interest of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, I~I, ORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of the City of Port St. Lucie, RFP # 0352-01-BG, for the Comprehensive Recreation and Parks Needs Assessment in the mount of Twenty Thousand Five Hundred dollars ($20,500.00). See attached Exhibit "A", Consultant Agreement Form, Recreation & Needs Assessment Study. Section 2. That this Resolution shall become effective immediately. P~SED ~ Al)OPTED this __ day of September, 2001. -' ~ OF BOYNToN BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk s:Reso~Piggy-Back-Needs Assessment for Pax Dept. Commissioner TO: FROM: DATE: SUBJECT: RECREATION DEPARTMENT MEMORANDUM NO. 01-61, Bill Atkins, Deputy Director Financial Services Wally Majors, Recreation Director August21,2001 Needs Assessment RECEIVED As you know, the Recreation Department is currently in the process of preparing to conduct a needs assessment. We recommend piggy-backing the RFP of the City Port St. Lucie. $12,500 was budgeted in FY 00-01 in account #172-2712-572.49-17. We anticipate the cost to be approximately $20,500, and will use fund balance from the Recreation Revenue Fund to cover the remaining expenditure. Please let me know if you need any more information. 'W~V~iSC MANAGEMENT LEARNING LABORATORIES 163 Linbrook Drive, Winston-Salem, NC 27106, Phone: 336-765-7709, Fax: 336-765-0794 August 16, 2001 Waliy Majors City of Boynton Beach Parks and Recreation Department Dear Mr. Majors I am writing to you to extend to you the same services as we did for Port St. Lucie in response to their RFP# 0352-01-BG for a recreation needs assessment. We are proposing a fixed cost of $20,500 and the scope of work and the time line are attached here. Please call me if there are any questions. I will look forward to hearing from you and working with you on this project. Sincerely, Ananda Mitra, Ph.D. President 1-800-200-6355 (PIN 0672) * mllnew~m-l-l.com * http:\\www.m-l-l.com MANAGEMENT LEARNING E~IBIT "A' 163 Linbrook Drive, Winston. Salem, NC 27106~ Phone: 336.765-7709, Fax: 336-765-0794 August 16, 2001 Cost of Proposed Services for Boynton Beach Recreation Needs Assessment MLL works with a fixed price model that will include all costs associated with the study. The primary deliverables for the study would include: [] Ongoing status reports [] Copy of questionnaires [] A final report with recommendations C°m01et~ data set and systems file prepared for CompuRec [] CompuRec software, manual and user-training Presentational material for future public meetings [] Oral presentation of results to the staff Public meeting to present the results to the citizens [] Ongoing support with CompuRec The key tasks would be as follows: [] Focus group moderation by MLL staff (6 groups) n Discussions with City of Boynton Beach Parks and Recreation Department of Recreation staff (2 meetings) [] Moderation of one town meeting [] Monitoring of the MLL electronic bulletin board [] Preparation of a survey questionnaires [] Selection of a sample to 3,000 people [] Data Analysis [] Development of a final report with recommendations [] Programming of CompuRec for City of Boynton Beach Parks and Recreation Department [] Installation of CompuRec and training of City of Boynton Beach Parks and Recreation Department staff [] Final presentation of results n Preparation of presentation material [] Services of the MLL support staff Printing of the 3,000 questionnaires, outgoing envelopes, address labels, prepaid return envelopes [] Distribution of the 3,000 questionnaire by U.S. Mail [] Printing of 3,000 reminder postcards [] Distribution of 3,000 reminder postcards [] Data entry and coding of returned questionnaires n CompuRec Software The total expenses for the above would be $20,500. ~President, MLL 1-800-200-6355 (PIN 0672) * mllnew~m-l-l.com * http:\\www;m44;com MANAGEMENT LEARNING LABORATORIES 163 Unbrook Drive, Winston-Salem, NC 27106, Phone: 336-765-7709, Fax: 336-765-0794 August 16, 2001 Timeline after "Notice to Proceed" is issued Week 1-3 Week 4 Week 5-7 Week 8-13 Week 10-13 Week 13-15 Week 16 Anytime thereafter Recruiting for focus groups done by the client Focus group meetings, staff meeting, public meeting Development of a questionnaires and sample selection Data collection Data entry Data analysis and preparation of the report Presentation of the report to client On-site final presentations and CompuRec installation 1-800-200-6355 (PIN 0672) * mllnew(~m-l-l.com * http:\\www.m-l-l, com CITY OF PORT ST. LUCIE March 6, 2001 Mr. Ananda Metra, Ph.D, President Management Learning Laboratories 163 Linbrook Drive Winston-Salem, NC 27106 Subject: RFP # 0352-01-BG, Comract #20010352, Needs Assessment Dear Mr. Metra: As a result of the above bid, your firm has been selected to receive the award. Enclosed are two (2) original Contracts. Both. originals must be executed and returned as soon as possible. All signatures must be notarized in the space provided. Please return executed contracts to the City of Port St. Lucie, Office of Management & Budget. In signing the agreement, do not complete the blank space for the date. Our staffwill date the agreement when formally executed. Please return executed contracts to the City of Port St. Lucie, Office of Management & Budget. The contracts will be executed by the City Manager, at which time one original will be returned for your files. We look forward to working with your firm. Please do not hesitate to contact this office for any additional assistance you may require. Sincerely, Barbara Gassaway, CPPB Office of Management & Budget Enclosures: 2 original contracts 121 S.W. Port St. Lucie Boulevard · Port St. Lucie, FL 34984-5099 · 561/871-5225 · 561/878-0097 Needs Assessment CITY OF PORT SAINT LUCIE CONTRACT FORM This CONTRACT, executed this /6~771'day of /~,q-£¢P/ ,2001, by and between the CITY OF PORT ST. LUCRE, FLORIDA, a municipal corporation, duly organized under the laws of the State of Florida, hereinafter called "City" party of the first part, and Management Learning Laboratories, 163 Linbrook Drive, Winston-Salem, NC 27106. Telephone No. (336) 765-7709, Fax No. (336) 765-0794, hereinafter called "Contractor", party of the second part. RECITALS In consideration of the below agreements and covenants set forth herein, the parties agree as follows: SECTION I DESCRIPTION OF SERVICES TO BE PROVIDED The specific work which the Contractor has agreed to perform pursuant to the Request for Proposal made a part of this Contract is a Needs Assessment in accordance with RFP #0352-01-BG. As use. d herein the contract supervisor shall mean Chuck Proulx, at (561) 871-5088 or his designee. SECTION II TIME OF PERFORMANCE Contract period shall commence March 19, 2001 and terminate July 6, 2001. In the event all work required in the proposal specifications has not been completed by the specified date, the Contractor agrees.to provide work as authorized by the Contract Supervisor until all work specified in the Request for Proposal has been rendered. SECTION III COMPENSATION The total amount to be paid by the City to the Contractor is $19,500.00. Payments will be disbursed monthly in conjunction with tasks completed in the following manner: . ,. ..... ~-~., .... , ........... ~. ~:::,~,?:'.-,..~:f~"¢.:..~;b.:5:~<;:~'? ~.,~.,,?~5~!~.~- ~ .~.:~,~;/c~?~;i5~-;'~.*::~5,~.,,,!~ . : 1 - April 1 · $ 4,000 1 - 3 RecrUiting for focus groups done by the client. 2 -May 1 $ 4,000 4 - 7 : Focus group meetings, staff meeting, public meeting. Development of a questionnaire and sample selection. 3 - June I $ 4,000 8 - 13 i Data collection, data entry. 4 - July 1 $ 4,000 13 -: 15 Data analysis and preparation of the report. .. Final $ 3,500 16 Presentation of the report to client. Contract#20010352 RECEIVED NAR 1 9 v0m OFFICE OF 1,16aT l BUI)GET Page 1 of 7 Needs Assessment The Contractor shall notbe paid additional compensation for any loss or damage arising out of the nature of the work, from the action of:the elements, or from any delay or unforeseen obstruction or difficulties encountered in the prosecution of the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work. P~ has cho.' days. Payments shall be made provided the s documentation and approved by Contract SUpervisor as provided in Section XII. invoice, unless contractor No payment for projects involving improvements to real property shall be due until Contractor delivers to City a complete release of all claims arising out of the contract or receipts in full in lieu thereof, and an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien could be filed. All invoices and correspondence relative to this contract must contain the contract number appearing herein. SECTION IV CONFORMANCE WITH PROPOSAL It is understood that the materials and/or work required herein are in accordance with the proposal made by the Contractor pursuant to the Request for Proposal and Specifications on file in the Office of Management and Budget of the City. All documents submitted by the Contractor in relation to said proposal, and all'documents promulgated by the City for inviting proposals are, by reference, made a part hereof as if set forth herein in full. SECTION V INSURANCE The Contractor shall carry or require that there be carded Workers' Compensation Insurance and Employers' Liability coverage to apply to all employees for Statutory Limits in compliance with applicable state and federal laws. Coverage must include Employers' Liability with a minimum limit of $100,000 each. The Contractor shall maintain, during the lifetime of this contract, at his/her own expense, insurance coverage for public liability with limits of not less than $I,000,000 per claim and $2,000,000 per occurrence. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Contractual Liability, and Broad Form Property Damage Endorsements, Coverage for hazards of explosion, collapse, and underground Property damage (XCU) must also be included when applicable to the work to be performed. A Business Auto Policy or similar form, shall have minimum limits of $500,000 p~r Occurrenc.e Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include ~11 owned, hired, and non-owned vehicles. All.~nsurance policies shall be issued from a Contract #20010352 Page 2 of 7 Needs Assessment company or companies duly licensed by the State of Florida. All policies shall be on an occurrence-made basis; the City shall not accept claims-made policies. Except as to Workers' Compensation and Employers' Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the City Of Port St. Lucie, a political subdivision of the State of Florida, its officers, agents and employees as Additionally Insured. The Certificate of Insurance shall unequivocally provide thirty (30) days written notice to the City prior to any adverse changes, cancellation of non-renewal of coverage thereunder. Said liability insurance must be acceptable to and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of this contract to exceed the above limits, the Contractor shall be required, upon thirty (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit of liability of the City. It shall be the responsibility of the Selected Proposer to insure that all subcontractors comply with the same insurance requirements referenced above. All deductible amounts shall be paid for and be the responsibility of the Contractor and/or any subcontractor for any and all claims under this contract. SECTION VI PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS Subject to the laws of the State of Florida and of the United States, neither Contractor nor any subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials delivered in the performance of this contract against the City. The right to maintain such lien for any or all of the above parties is hereby expressly waived. SECTION VII WORK CHANGES The City reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Contract, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by the Director of OMB or his-designee as representing the City. Work shall be changed and the contract price and completion time shall be modified only as set out in the written change order. Any adjustment in the contract price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties, or by arbitration before starting the work involved in the change. SECTION VIII COMPLIANCE WITH LAWS The Contractor shall give all notices required by and shall otherwise comply with all applicable laws, ordinances ami codes and shall, at his own expense, secure ~d pay the fees and charges for all permits Contract #20010352 Page 3 of 7 Needs Assessment required for the performance of the contract. Ali materials furnished and work done are to comply with all local state and federal laws and regulations. Contract #20010352 Page 4 of 7 Needs Assessment SECTION IX CLEANING UP "Not Applicable" SECTION X NOTICE OF PERFORMANCE "Not Applicable" SECTION XI DELIVERY DOCUMENTATION "Not Applicable" SECTION XII INSPECTION AND CORRECTION OF DEFECTS "Not Applicable" SECTION XIII ADDITIONAL REQUIREMENTS In the event of any conflict between the terms and conditions, appearing on any purchase order issued relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms of this Contract and Specifications herein referenced shall apply. SECTION XIV LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws. Contractor warrants that his license and certificates are current and will be maintained throughout the duration of the contract. SECTION XV SAFETY PRECAUTIONS "Not Applicable" Con~act#20010352 Page 5 of 7 Needs Assessment SECTION XVI ASSIGNMENT Contractor shall not delegate, sublet or subcontract any part of the work under this contract or assign any monies due him hereunder without first obtaining the written consent of the City. The City may terminate this agreement with or without cause by giving the vendor/contractor thirty (30) days notice in writing. Upon delivery of said notice and upon expiration of the thirty (30) day period, the vendor/contractor shall discontinue all services in connection with the performance of this agreement and shall proceed to cancel promptly all existing contracts in so far as such contracts are chargeable to this agreement. SECTION XVIII LAW This agreement is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in all :respects without reference to the laws of any other state or nation. SECTION XIX REIMBURSEMENT FOR INSPECTION "Not Applicable" SECTION XX APPROPRIATION APPROVAL The Contractor acknowledges that this contract is subject to approval by City Council of budget appropriation for the contract period beyond September 30t~ of this year. The Contractor agrees that, in the event such appropriation is not forthcoming, this contract may be terminated by the City and that no charges, penalties or other costs shall be assessed. SECTION XXI RENEWAL OPTION "Not applicable" SECTION XXII ENTIRE AGREEMENT The written terms and provisions of this contract shall supersede all prior verbal statements o(any official or other representative of the City. Such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any manner,whatsoever, this contract or contract documents. ConEact#20010352 Page 6 of 7 Needs Assessment IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie, Florida, the day and year first above written. By: CITY OF PORT ST. LUCIE FLORIDA Cit~/Manag"-[r City Clerk Authorized Representative of Management Learning Laboratories State of: [k~ & County of: Before me personally appeared: (Please Print) Personally known or Produced Identification/Type of Identification Identification No. and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of .~._(X_~_J~ ,A.D. 2001. Notary Signature Notary Public-State My Commission Expires __ Contmct#20010352 Page 7 of 7 ME M O RAND UM DATE: March 16, 2001 TO: Sandra Johnson, City Clerk FROM: Barbara Gassaway ((~ Office of Management & B-fidget SUBJECT: Authorization to Release Contract CONTRACT #: 20010352 CONTRACT TITLE: Needs Assessment VENDOR NAME: Management Learning Laboratories ENCUMBRANCE REQUIRED: Yes/No: $19,500 DATE COUNCIL APPROVED: March 5, 2001 Please accept this memorandum as your authority to distribute the executed document. THE WHITE COPY OF THE PURCHASE ORDER MUST BE MAILED TO THE VENDOR WITH THE CONTRACT. g~c~t uc~ d L.~d;3.~dWdy - 1~,¢~. l ~i~b-~$ P~5.5~551 t I~i tl. Fage i From: Barbara Gassaway To: Proulx, Chuck Subject: Re: Needs Assessment The clerks office usually sends the department a copy but if they forget let me know and I will make certain you get a copy of what they send to OMB. >>> Chuck Proulx 03/16/01 04:07PM >>> You can send the PO, please send me a copy of executed contract. Needs Assessment IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie, Florida, the day and year first above written. CITY OF PORT ST. LUCIE FLORIDA By: City Manager ATTEST: By: By: City Clerk Authorized Representative of Management Learning Laboratories State of: ~ ~-- County of: Before me personally appeared: (Please Print) Personally known or Produced Identification/Type of Identification Identification No. and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this ~,~ day of .~._~_~"p_.~. , A.D. 2001. Notary Signature Notary Public-State My Commission Expires Contract #20010352 Cost of Proposed Services for, Boynton Beach Recreation Needs Assessment MLL works with a fixed price model that will include all costs associated with the study. The primary deliverables for the study would include: [] Ongoing status reports [] Copy of questionnaires [] A final report with recommendations Complete data set and systems file prepared for CompuRec [] CompuRec.software, manual and user-training [] Presentational material for future public meetings [] Oral presentation of results to the staff [] Public meeting to present the results to the citizens [] Ongoing support with CompuRec The key tasks wOuld be as follows: [] Focus grouP moderation by MLL staff (6 groups) [] DiscusSionS with City of Boynton Beach Parks and Recreation Department of Recreation staff (2 meetings) [] Moderation of one town meeting [] Monitoring of the MLL electronic bulletin board [] Preparation' of a survey questionnaires ~ Selection of a sample to 3,000 people r~ Data A~alysis [] it of a final report with recommendations [] Progr ompuRec for City of Boynton Beach Parks and Recreation [] Install; [] Final pI [] Prepa Pdntir prer [] [] Distril ~ Data CompuRec and training of City of Boynton Beach Parks and rtment staff ion of results on material estionnaires, outgoing envelopes, address labels, )pes the 3,000 questionnaire by U.S. Mail )stcards 3,000 reminder postcards coding of returned questionnaires The total expenses for the above would be $20,500. MANAGEMENT LEARNING LABO TORI'ES 163 Linbrook Drive, Winston-Salem, NC 27106, Phone: 336-765-7709, Fax: 336-765-0794 August13,2001 Wa,lly Majors City of Boy;"t[on Beach Parks and Recreation Department Dear Mr. Majors I would like to take this opportunity to demonstrate our ability to conduct a needs assessment study for you. As you will see in this work plan, we offer a creative approach to collecting citizen input. Unlike other firms that would claim expertise either in qualitative analysis (e.g., focus groups, public hearings, etc.) or in quantitative analysis (e.g., questionnaire design, sampling, market research, customer satisfaction studies) we bring the best of both to our methodology. Being on the cutting edge of new technologies, we also use the vast resources of the Internet and the World.Wide Web to offer an on-going electronicforum for Seeking community input. Finally, our creative solutions involve the installation of the CompuRec program that would allow for the ongoing analysis of the data and the possibilities of adding to the data when you do future surveys. We have earned our reputation in doing community needs assessments of leisure and recreation in the last three decades by conducting studies for a large number of communities acrOss the United States. This reputation is tied to the people who make up MLL that includes the members of the research team assembled for the Boynton Beach study. In recognition of our expertise we have been invited to present workshops on recreation ~needs assessments at conferences such as the National Recreation and Parks Associati°n (NRPA) annual convention (1996, 1999), the Connecticut ReCreation and Parks Association annual convention (1997), the Recreation ResoUrce Services of the · 8 State of North Carolina (1998), the Southern Regional group of NRPA (199), and the Virginia Recreation a~d parks AssociatiOn COnference (200,0), Pennsylvania Parks and Recreation Society COnference (2001), and the Northeastern Training Institute of the NRPA (2001). We are:also slated to speak at the NRPA annual conference in October 2001 as well as the New Jersey Parks and Recreation Association in October 2001 and the Massachusetts Parks and Recreation Conference in November 2001:. In all these cases, I am invited to present CEU-earning workshops on recreation needs asseSSments. No Other firm can claim this level of expertise and recognition in the specific area of needs assessment in recreation and leisure. Finally, oUr team mer~bers have published books and articles in the area of recreation, including my recent book 1-800-200-6355 (PIN 0672) * mllnew _('~v~n-l-l.com* http:\\www.m-l-l.com MANAGEMENT LEARNING LABORATORIES 163 Linbrook Drive, Winston-Salem, NC 27106, Phone: 336-765-7709, Fax: 336-765-0794 "R esearch Methods in Parks, Recreation and Leisure Services." We therefore feel that we are well qualified .to conduct your project. You will also note that we have worked on several studies that are very similar to yours, and as our past clients will tell you, we make a strong commitment to timely completion of the project and the delivery of a high-quality final report and the CompuRec program. We also do not exceed our proposed fee. Unless there beyond MLL's control (such as the need for a second maili ) ours is a fixed cost. It is, however, open for ne( we settle on a final contract. For your project, i will serve as your project coordinator and I will supervise the project!fr~)m this stage to the final satisfactory conclusion of the project. If you have a~y questions about the project plan please call me at 336-765-7709/336- 682-572:7 Or at our t°ll-free number (800-200-6355, PIN 0672). I look forward to hearing from you soon. Sincerely, Ananda Mitra, Ph.D. President 1-800-200-6355 (PIN 0672) * mllnew@m-l-l.com * http:\\www.m-M.com CONSULTANT AGREEMENT FORM RECREATION & NEEDS ASSESSMENT STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the and MANAGEMENT to as "the ( specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Recreation & Needs Assessment services in connection with the project (~esig~ated as stated in RFP#352-01-BG of Port St. Lucie. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of ail labor, materials, equipment and supplies. o TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $20,500.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. 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. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. eo The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 o 10. 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. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faitlffully 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. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, fi.om and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injary 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. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 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. 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 ~nsurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES, The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this wan'anty, the City shall have the right to annul this contract without liability or, in its discretion to deduct fi.om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON, WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to' terminate this agreement at any time by giving ten (10) days written notice to the Consultant. bo In the event of the death of a member, parmer or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Wally Majors, Recreation Director Notices to Consultant shall be sent to the following address: MANAGEMENT LEARNING LABORATORIES 163 Linbrook Drive Winston-Salem, NC 27106 CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of ,20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office July 5, 2001 (5:00p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5'.00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.rrQ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to extend the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE", Bid #079-2730-00/KR, for one (1) additional year to various vendors for an annual estimated expenditure of $ 691,142.00. (New Bid #081-2730-01/KR) CONTRACT PERIOD: OCTOBER 5, 2001 TO OCTOBER 4, 2002 EXPLANATION: On October 4, 2000, the City Commission awarded this bid to five (5) vendors for a one (1) year period. The bid will expire on October 4, 2001; but, according to the Terms and Conditions of the bid, we have the option to renew this bid and extend the prices for an additional year, provided all parties agree (see attached acceptance letters from vendors). An increase of $ 91,248 is the result of adding services for various locations throughout the City that were anticipated landscape maintenance items; and, an increase in services for Lot & Row maintenance and county properties acquired by the City for Community Development projects. The Parks Department concurs with this recommendation (see attachedMemo #01-09/06). AAA-1 GREEN THUMB FIRST GENESIS STILES LANDSCAPE TARE LANDSCAPE VILA & SON LANDSCAPING $ 23,272.00 $157,824.00 $186,968.00 $ 72~226.00 $ 250,852.00 TOTAL AWARD $ 691,142.00 PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas with the City of Boynton Beach. S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: BUDGET ACCOUNT # PARKS MAINTENANCE 001-2730-572.46-95 Deputy Director of Financial Services Procurement Services Department Name ESTIMATED ANNUAL EXPENDITURE $ 691,142.00 Signature C~t3) Manager's City Attorney / Finance / Itman Resources cc: John Wildner, Parks Director Norm Turner, Contract Administrator File S:XBULLET1N~ORMSX~GENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: CC: RE: Date PARKS DEPARTMENT MEMORANDUM #01- 09/06N/T Bill Atkins, Deputy Director of Finance John Wildner, Parks Director ~/~ Norm Turner, Crew Supervisor File Breakdown Cost of 2001-2002 Annual Contract for Landscaping Sept 06, 2001 In response to the request for a report on break down cost for increases to the Annual Contract for Landscaping bid # 079~2730-00/KR the following list of i:mprovements to contracted landscape areas is submitted for your approval. Triangle Garden (NW 5th Ave & Seacrest), Martin Luther King Blvd.(NW 10th Ave),Demonstration Garden ( NE 6th St), NW 17 th Ave (r.o.w.), Liftstations 309, 316, 317, 319, 356, 408, 606,607, 801 and additional city projects. Eastside Water Treatment Plant, Pond ' B' Mangrove Walk, Ocean Ave (Intracoastal Bridge), Woolbdght Water Storage and Gateway (Federal to Seacrest) Addition landscaping, pesticide and/or irrigation and tre~ services are aiscJ needed all the above and the following lOcations Child Care Center, West Water Plant and other locations listed on attached sheet. Increase services for: lot & row maintenance from 12 per year (once a month) to 18 per year. The other items include county properties acquired by the City of Boynton Beach for Community Development projects. The sub total dollars of increases is $ 91,142bringing the total dollars for the contract $ 691,142.00. Summary AAA-Green Thumb ............... No change First Genesis Landscaping .........$ 39,302 Tare Landscaping .................... $ 5,710 Stiles Landscaping ................... $ 15,740 Vila & ;Son .............................. $ 30,390 At this time, we ask to approve and recommend to the City of Boynton Beach Commission to approve the budget for the Annual Landscape Maintenance Bid for the 2001-2002 Budget. Thank you. NT/nt/vlr Page 1 of 2 PARKS DEPARTMENT MEMORANDUM #01-68 TO: VIA: FROM: CC: RE: Date Bill Atkins, Deputy Finance Director Glenda Hall, Parks Maintenance Supervi~? Norm Turner, Crew Supervisor ~~ 3ohn Wildner, Parks Director File Landscape Maintenance Bid Extension June 22, 2001 A "yes" confirmation has been received from the following companies to extend the maintenance bid from October 5, 2001 to October 4, 2002. We request approval for extension of the landscape maintenance contracts with the following companies: Tare, AAA Green Thumb, Stiles, First Genesis and Vila & Sons. Funds are available in account #001-2730-572-46.95, parks maintenance for an estimated annual expenditure of $600,000. Thank you. /vIr Bo vnton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742.6320 FAX: (561) 742.6306 JUN 1 8 2001 NAME OF BID: BID#: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" 079-2730-00/KR Agreement between the City of Boynton Beach, Owner; and AAA-1 GREEN THUMB (Company's Name) ContraCt Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002 X Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. ~//~~~~' NAME OF COMPANY "' b~GNATU-K~ NAME OF ~P~SE~AT~ ~le~e p~t) TITLE (AREA CODE) TELEPHONE NUMBER America's Gate,ray to the Gulj~tream The City of Boynton Beach Procurement Services I00 E. Boynton Beach Boulevard P,O. Box 310 Boj~nton Beach, Florida 35425-0310 Telephone No: (561) 742-6320 FAX: (561) 742-6306 RECEIVED NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 079-2730-00/KR Agreement between the City of Boynton Beach, Owner; and FIRST GENESIS (Company's Name) Contract Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) TITLE (AREA CODE) TELEPHONE NUMBER America's Gate~,ay to the Gulfstream The City of Boj, nton Beach Procurement Services I O0 JE. Boynton Beach Boulevard P.O. Box $10 Bo~vnton Beach, Florida 35425~0310 Telephone No: (561) 742.6320 FAX: (561) 742.6306 ' CEIVED NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 079-2730-00/KR Agreement between the City of Boynton Beach, Owner; and STILES LANDSCAPE (Company's Name) Contract Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) TITLE DATE (AREA CODE) TELEPHONE NUMBER America's Gate,vary to the Gulfstream m STILES LANDSCAPE CO1ViPANY June 15,2001 FCLC 1080 S.W. 12 Avenue Pompano Beach, FL 33069-4613 954.781.0247 954.783.1980 Fax www. stile$.com slCa~tile$,com Mr. Bill Atkins Deputy Director of Financial Services The City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Subject: "Annual Contract For Landscape Maintenance" Bid g~079-2730-00/KR Dear Mr. Atkins: This letter will acknowledge our intent to renew the existing contract under the same terms and conditions for and additional year. I have also attached a "revised" acceptance form. Should you have any questions please contact me at your convemence. Sincerely, Joseph Janssen, CLP President CC: Mr. Norm Turner Crew Supervisor Leisure Services, Park Division City of Boynton Beach, FL 33425 P.O. Box 310 Boynton Beach, FL 33425 file A Division of Stiles Corporation · A Full Service Real Estate Development Company Fort Lauderdale, FL * Palm Beach Gardens, FL * Fort Myers, FL The City of Boynton Beach I00 E. Bo3rn~on Beac]~ Boulevard ~,.o~ ~ox 31o 33425.0310 742.6320 FAX: (561) 742-6306 NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID//: 079-2730-00/KR Agreement between the City of Boynton Beach, Owner; and TARE LANDSCAPE (Company's Name) Contract Renewal Period: ,OCTOBER 5, 2001 TO OCTOBER 4, 2002 · .~~Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPAN~f N~F REPRESENTATIVE (please print) TITLE / (_) /q--O / DATE America's Gate~a3, to tke Gulfstream The City of Boynton Beach RECEIVED M,~Y 10 2OOl I00 E. Boynton Beach Boulevard PURC D~PT. P.O. Box 310 Boynton Beach, Florida 33425-0310 ~ . ...... Telephone No: ($61) 742-6320 FAX: (561) 742-6306 NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 079-2730-00/KR Agreement between the City o£Boynton Beach, Owner; and VILA & SON LANDSCAPING (Company's Name) Contract Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002 ~/'~Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY ~UT-cE NAME OF REPRESENTATIVE (please print) TITLE DAT~ ' ' (AREA CODE) TELEPHONE NUMBER America's Gate,yaw to the Gulfstream CITY OF BOYNTON BEACH -LANDSCAPE AWARD SHEET: r F RST :' AAA-1 GREEN GENES S THUMB LAWN LAWN LUIS ' SERVICE SERVICE I CINTRON'S TARE STILES;; VILA&SON MASTER AWARDAREA LANDsCAPE LANDSCAPE LANDSCAPE LANDSCAPE AREA#1 - GROUPA . $ 27,640.00 $ 28,605,00 S 21,560;00 GROUP B $ 36:18000 $ 28,605.00 $ 35,145,00 $ 20,25500 AREA#2 ;' r r: I :' r ~ : [ ; ~ $ 17,;319;00 I$ 13405.00 AREA#3-GROUPA; $ 10,820.00 $;~4;241;00 $ 1D,795.00~~ ' GROUPB $ 10420.00 $ 9i813~00 $ 10,395.00:~~ GROUP C $ 2 4oo.oo $ ' 310.72:00 $ ' 5,280 oo GROUPD $ 10 89500 $ 24;129i00 $ 11 !00.00 AREA #4 - GROUP A $ 8040.00' $. t5;913;00 $. 997000~~, GROUP B $ 5,835100 ; : $, 8i283;00 $ 4,000.00 ~, $ 6,643.00 GROUP C $ : 8i953;00 $ 4,~5~08, $ = 9028100. ; r GROUP B $ 20~753~00 $ 3 675 00 $ 3~254~00 GROUP E $ .17;723;00; $ 4,205 00' $ 7,055:00 AREA#5 ' $ 27825,00. ... I $ 8,145,00 $ 95,348~00 AREA #6 - GROUP A $ 5,870,00 . 97' ~ $., 9,271;00 $ 6,775.00 GROUP B $ 5,870.00 $ 9',775i001 ~ i$ 27,495;00 I $' 10,925.00 = '' 9,/ b ~ 727900 .696500 GROUP C $ 5,870.00 AREA #7~ -- GROUP B $ 5,075;00: $ ' 916103!0D ~--_- -_ $ 15,438~00 : $" 8,406.00 GROUPC $ 5,07500 $ 98 ~30D _;,,_ - $ 5;81700 AREA~-GROUPA $ 4,165.00 $ 25176~i00 -_ - '$; 11;450;0'015 4,670.00 GROUP B $ 4,165.00 :$ I~131~28100, - .... __- $ 30,434~00 I $ 5,560.00 AREA~10 - GROUP A I '' : i I GROUPB ;-- AREA #11 ' .... i ZZ AREA #18 - ' : AREA #19 $ 6,160,00 $ 11,000.00_ 00 : ~ 31,397,00 $ 10,610.00 AREA #22~ .... : _. ..... _ ~ .... $ 4,120.00_ ~ -- -- ~ ~ $ 4, '00 ~ I 6i366~ O0 $ 5,370 00 AREA #2 __ ~' ~,~'~'-~ - T T'T'. T'T7 - ~--~-- ~ $ 3,210.00! AREA#28AREA #2~ $ 5,t'90 00 ' , ~~' - --' $ 14,585.00~ .00 .$ 6665.00 Page 1 of 2 CITY OF BOYNTON BEACH- LANDSCAPE AWARD SHEET FIRST AAA-1 GREENI GENESIS THUMB LAWN LAWN LUIS , SERVICE SERVICE ClNTRON S TARE STILES VILA &SON MASTER AWARD AREA LANDSCAPE LANDSCAPE I LANDSCAPE LANDSCAPE [ LANDSCAPE LANDSCAPE AREA#33 $ 5,970.00 ~ $ 7,074.00 $ 4,88000 $ 7,833100 $ 5,505.00 AREA#34 $ 12800.00 : - :--' $ 12~336.00 $ 6,567.00 $ 13,453.00I $ 8,420.00 AREA #35 . ' I - AREA#36 ' ~ $ 15,543.00 $ 13,420.00 $ 10 545.00 AREA #37 : : -- - = $ 6,521.00 $ 4i453.00 $ 3265.00 AREA#38 . l$ 1,680.0015 2 154.00 $ 1,521,00 AREA#39 : ' ~.00 $. 4,696;00 $ 2,110.00 AREA CC40 I $ ~15~3.00 $ 6,733;00 $ 2,880.00 AREA ~41 : : ~ $ 6~273.00 $ 4,780~00 $ 3,310.00 AREA~42.- $ 6;374.00 $ 6.,-900;00 $ 3,120.00 AREA~3 $ 4;018.00 $ 2,096~00 $ 1,841.00 AREA #44 ~~ $: 3050.00 ~ ]_-' $ 4,197.00- ~ ~ __ i - -~--~-~,717!00' $ 2,665.00 ~ $ 7 020 00- $ 3,------~15.00 ' ' ~ $ 2,715.00 ~ - $: 5702,00. $ 3915.00 AREA#50 '' : / $ 7,730.00 $ 22;412.00 $ 6,449~00 $ 8,495.00 LOTS &Row : , I , - A $ 10 200i00 - _ ~8oo:oo, , , _' ~ _ ~ -- $ 4,200:00 ~ -- ~ 6;ooo;oo ~ -- $ 7,200~00 ~~- -- "~-:72700:0-0 $ 3,000:00 - ~- $, 5~00 -~-~-~,3oo,oo SUBTOTALS $ 23,272r00 $118,522.00 $00.00 $ 66,410.00, $ 37,238;00 $100,266.00 AL TOTALS INDIVIDU AAA-1 GREEN THUMB - $ 23'272.00I ' ' ' A. AARONS ENVIRONM ! COUNTY LAWNSCAPE, I ~LLOW =LOW, EST PROPOSAL FIRST GENESI,,S, LAWN S LUIS CINTRON S LAWN · STILES LANDSCAPE CO TARE LANDSCAPE r viLA & SON LANDSCAPI 08.00 TOTAL - LANDSCAPE $345'708.345,7 O0 Page 2 of 2 AWARD AREA Cl~ 0 FERTILIZER ENVIRONMENTAL STILES VILA & SON 785. Page 1 of 2 CITY OF BOYNTON FERTILIZER AWARD SrHEET A. AARONS ENVIRONMENTAL STILES I V LA & SON MASTER AWARD AREA FERTILIZER FERTILIZER I FERTILIZER AREA #30 , $ 5,271.00 ' - -- ; j $ 1;839.00 _~-__ AREA #32 $ 505.00 - -- :--.-i ...... ~-- $ 1,095.00 ...... $ 4; 130.00 - - -- - AREA #37 : AREA #39 ; ' AREA ~40 ' $ ~" ' .... $ 637.00 ~,~,EA ~ - $ !204.00 ~,~, ~,~ "'i ,!" - AREA#50 ; !J ~ ' ~ i C D S F G ~ H:- ' : i SUB TOTALS , ! - $ 00.00 $ 20,389.00 $ 34,455.00 INDIVIDUAL TOTALS = , , "" III A. AARONS E~IRONMENTAL $0.00 STILES LANDSCAPE CO. $ 20,389.00 YEEE~ =: LOWEST PROPOSAL VILA & SON LANDSCAPING $ 34,455.00 TOTAL FERTILIZER $ 54,844.00 Page 2 of 2 CITY OF BOYNTON BEACH PESTICIDE AWARD SHEET ' A AARONS ~ A. AARONS ~ I ENVIRONMENAL ~ ENVIRoNMENtAL . PESTICIDE ~ STILES VILA & SON MASTERAWARDAR~ PESTICIDE ' ALTERNA TE BID PESTICIDE pESTICIDE AREA #1- GRouP ~- ~ $ i ;: 1,700.00 $ 9,700i00 $ 5,742100 AREA#2 ' ~ :~ . il i i $ : 2368.00 $ 2,910.00 AREA #3- GROUPA .:" : ' ~ $ 2,906.00 GRouP, B: :' ~ r $:2,636;00 ~.~ROUPD : ': ' ~ $ 7;A69.00 AREAff4-GROUPA :=-~- :q -' $ i,53000 AREA #6, GROUP A~ :, , ~ $: 3,090 00 , GROUPB , ~ , ,, r AREA #8]-. GROUP A .' 'GROUP, B i; i I , Group C, : AREA~9, GROU.P.A _ ~ . $,~ t,333,00 AREA~10. GrOup A I ,GROUPGRoUP cB $ ; 3,560;00 ',GROUP E . : $ 2,000.00 AREA AREA ~'~' AR~ 6 : II aREa ~1 ~ aREa ~-: arEa~ aREa ~ - - aREa~ ' Page 1 of 2 CITY OF BOYNTON BEACH PESTICIDE AWARD SHEET · I A AARONS A. ,"¢,RONS I ENV~RONMENAL ] ENVIRONMENTAL PESTICIDE STILES [ VILA & SON MASTER AWARD AREA PEsTICiDE ALTERNA TE BID pESTICIDE PESTICIDE AREA ~/~29 AREA #30 . : " ': :_ - $ 3,944.00~ AREA #33 : IS 335.00 AREA #34 . ~ $ 1,934.00 AREA #35 AREA #36 .AREA #37 AREA #38 AREA #39 AREA.~40 : AREA #43 AREA #44 AREA #45 : AREA ¢t4.6 i AREA #47, AREA #-48' i ' AREA #49; : ~ -- $ 839.00 AREA #50 ; . LOTS & ROW B C D 00 NDIVIDUAL TOTALS ~ 0 A. AARONS ENVIRONMENTAL STILES LANDSCAPE CO. : i $ 31,931.00 Y~LOW= LOWEST PROPOSAL VILA & SON LANDSCAPING $ 19,838.00 tOTAL PESTICIDE $ 51,769.00 Page 2 of 2 CITY OF BOYNTON BEACH IRRIGATION AWARD SHEET couN-rv I ,~ ~ LAWNSCAPE STILES VILA & SON i~ASTER AWARD AREA IRRIGATION i IRRIGATION ! iRRIGATION AR~#1- GRouPA $ 23i328.00 $ 46,200.00 '~ GROUP B: ' ~ ~: :' AREA ~ : $ 3,384.005; 5,250.00 ~ AREA #3 :r' GROUp A ,I $61144,00 i'~r 4~200.00 ~ GROUP B $: 4;776.00 ~$ 3:,150.00 ~ .'GROUP C ' ~ r~ GROUP B $ ;4,092.00: $ 1.,050.00 ~ GROUP C : : $ ': 2 ' GROUP D : :$' 1i : GROUP Ei $ ' 41776,00, ! ~' AREA #13 $ i 5,!00,00: AREA #15 AREA # : : ; : AREA #17 ' - ; AREA #18 : . r. AREA #19 ' $ 3,420.00 $ ' 1~575;00 AREA#20 : !' AREA#22 '$ :6,828,00i $ ' '4,200.00 I AREA #26 ' AREA #27 , AREA #28 AREA #29 Page 1 of 2 CITY OF BOYNTON BEACH IRRIGATION AWARD SHEET I COUNTY LAWNSCAPE STILES VILA & SON MASTER AWARD AREA IRRIGATION IRRIGATION IRRIGATION AREA #30 AREA #31 AREA #~32 AREA #33 AREA #34 AREA #35 AREA ~36 . AREA ~37 AREA ~38 AREA ;~39 ' AREA #40 - AREA ~ 1 AREA ~42 AREA ~43 AREA~: AREA #45 · AREA ~46 AREA AREA ~48 AREA #49 AREA ~50 LOTS & ROW A a C E F e H IRRIGATION REPAIRS BP 268 & 269 SUB TOTALS $ 00.00 $ 22,525.00 $ 34,148.00 iNDIVIDUAL TOTALS COUNTY LAWNSCAPE, INC. $0.00 STILES LANDSCAPE CO. $ 22,525.00 ~ELLOw= LOWEST PROPOSAL VILA & SON LANDSCAPING $ 34,148.00 TOTAL IRRIGATION $ 56,673.00 Page 2 of 2 CITY OF BOYNTON BEACH RE R!MM AWA HEET T E T lNG RD S ~ STILES MASTER AWARD AREA I TREES AREA #1- GROUP A" GROUP B ' AREA #2 AREA #3 - GROUP A a GRouP I I t~~ GROup C AREA ~ -, GROUP A; : GROUP B m ,GROUP C GROUP D GROUp E AREA ~5 AREA ~6 ~ GRouP: a O oUp B G OUP C AR~ ~7 ~ AR~ ~8- GROUP a GROUP e AR~9 ~ GROUP A AR~10. ~GROUp a I GROUP B: GROUP C Ii ?ouP D: AREA Z AREA ~20 , AREA ~25 : AREA ~6 :, ~$. 16,485.00 ~ AR~ ~29 : Page 1 of 2 CITY OF BOYNTON BEACH TREE TRIMMING AWARD SHEET AREA #31 AREA #32 : AREA #33 - AREA #34 AREA #35 AREA #36 . AREA #37 AREA #38 AREA #39 AREA #40 . ' &REA #-41 AREA ~,.3 , AREA #d4 &REA #-45 AREA #46 AREA #.47 AREA #48 AREA #49 AREA #50 $ 2,965.00 LOTS & ROW A B C D E F G H SUB TOTALS~ $ 51,510.00 INDIVIDUAL TOTALS STILES LANDSCAPECO~_ $ 51,510.00 TOTAL TREE TRIMMING $ 51,510.00 Page 2 of 2 CITY OF BOYNTON BEACH LANDSCAPE/REPLACEMENT'AWARD SHEET STILES: VILA & SON ~ LANDSCAPE/ LANDSCAPE/ REPLACEMENTs REPLACEMENTS MASTER AWARD AREA BP.~9~gl AREA A #1- GROUP GROUP B AREA #2 i , , AREA #3. G, ROUP A GROUP C GROUP DI AREA ~:4- GRoUp A GROup B GRouP C : GROUP D 'AR GROUP E EA #5 , AREA #6 -~ROUP A _ P GROU, B , GROUP C AREA #8 - GiROUP A GROUP B GROUP C AREA~9 - GROUP A ~ r GROUP B AREA#10 - GROUP A I GROUP B i GROUP C GROUP D , AREA #15 AREA #17 AREA #18 AREA #19 AREA ~Y20 AREA ¢/~21 AREA AREA #23 AREA #24 AREA ~25 AREA #26 AREA #27 AREA #28 Page 1 of 2 CITY OF BOYNTON BEACH LANDSCAPE/REPLACEMENT AWARD SHEET AREA ~29 AREA #30 AREA #31 AREA #32 AREA #33 AREA #34 AREA #35 AREA #36 AREA #37 AREA #38 AREA #39 AREA #40 .AREA #41 AREA #42 AREA #43 AREA ~44 AREA REA #46 REA #47 AREA #48 SUBTOTALS $ 7,635.00 $ 31,755.00 INDIVIDUAL TOTALS STILES LANDSCAPE CO. $ 7,635.00 I VlLA & SON LANDSCAPING $ 31,755.00 YELLOW= LOWEST TOTALLANDSCAPE/REPLACEMENT $ 39,390.00 pROPOSAL TOTAL AWARDS/BY VENDOR T A. AARONS ENVIRONMENTAL $ 23,272.00 $0.00 COUNTY LAWNSCAPE, INC. $0.00 FIRST GENESIS LAWN SERVICE $ 118,522.00 LUIS ClNTRON'S LAWN SERVICE $0.00 STILES LANDSCAPE CO. $ 171 TARE LANDSCAPE $ 66,410.00 VILA & SON LANDSCAPING $ 220,462.00 ...GRAND TOTAL $ 599,894.00 Page 2 of 2 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] September 19, 2001 [] October 2, 2001 Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) VT.-CONSENT AGENDA ITEM B.3 Date Final Form Must be Turne-d2r in to City Clerk'si~%e '-J-.- September 5, 2001 (5:0_0'p.m.)'7~ September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the bid for "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION PROGRAM", Bid #083-2510-01/KR, to Otto Industries, Inc. for a two (2) year period with an estimated annual expenditure of $ 30~000.00. CONTRACT PERIOD: SEPTEMBER 20, 2001 TO SEPTEMBER 19, 2003 EXPLANATION: On August 14, 2001, five (5) bids were received and opened in the Procurement Services office. All proposals were reviewed and it was determined that Otto Industries, Inc. of Charlotte, North Carolina is the lowest, most responsive, responsible bidder who meets specifications. Otto Industries, Inc. is a manufacturer of injection molded mobile refuse containers used in our garbage collection program. Their product is virtually identical to the City's existing carts in size, color, and appearance. Otto's parts are interchangeable with our existing inventory. Jeffrey Livergood, Public Works Director and Larry Quinn, Solid Waste Manager, concur with this recommendation (see attached Memo #01-068). PROGRAM IMPACT: The purpose of this bid is to obtain a source of supply for mobile refuse containers and spare parts to be utilized in our existing Automated Garbage Collection program for a two (2) year period. FISCAL IMPACT: BUDGET ACCOUNT NUMBER/NAME Machinery & Equipment/Dumpster 431-2515-534-64.19 Deputy Director of Financial Services ANNUAL ESTIMATED E3~PENDITURES Procurement Services Department Name City Attorney / Finance / Human Resources cc: Jeffrey Livergood, Public Works Director Larry Quinn, Solid Waste Manager S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT Memorandum No. 01-068 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director PROCUREMENT Jeffrey Livergood, Public Works Director~:,3{~/.~ Larry Quinn, Solid Waste Manager August 22, 2001 Mobile Refuse Containers Bid 4/083-2510-01/CJD I have reviewed the above-mentioned bid. My recommendation is to award the bid to OTTO Industries as the apparent low bidder. Funding is available in the FY2001/2002 Budget in the amount of $30,000 - Solid Waste account number 431-2515-534-64.19. Please contact my office if you have any questions. LQ/pl Attachment (Tab Sheet) z z z ~ z ~: z ~ z · . Z~ gz~ Zo o oZ z z z z z z o ~ 0 0 0 0 0 0 m ~' OO o o o o ~ z ~~I O0 '0'o II11'11 ZZ '13 rtl Z Z 0 ITl "ti C: rn 0 Z imam Z o ,-,. o Z m = ~ ~ ~'"?~ ~ Z · ~ ~ O~ ffi · ~ ~ m 030 mm rn z ~ m~ ~ ~ : 0 ~ ~, _ O, ~ m 0 m m 0 z ~ ~ m o-~'~m~ m m mz ~ ~' , =<~ z m 0 oz~ ~ z m ~ o 0 ~ Z 0 m ~o~ ~-o ZZ Z Z VI.-CONSENT AGENDA : ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Commission Meeting Dates [] July 17, 2001 [] August 7,2001 [] August21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates July 5, 2001 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office [] September 19, 2001 July 18, 2001 (5:00 p.m.) September 5, 2001 (5:00 p.m.) [] October 2, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 September 20, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 3, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of the CITY BID#00/01-28, awarded to ANCHORS EMERGENCY BOARD UP SERVICE in $10,000.00' annually. October 17, 2001 (5:00 p.m.) the amount "not to exceed EXPLANATION: Procurement Services received a request from Code Compliance to "piggy-back" the City of West Palm Beach, Bid #00/01-28, to Anchors Emergency Board Up Service, Hollywood, Florida. This bid has fiat rate pricing for various size windows, doors, etc. The board up service wffi be utilized to board up abandoned homes on an "as needed" basis. Procurement Services recommends Commission's review, evaluation and approval. PROGRAM IMPACT: The City has been utilizing Facilities Management Division to board up abandoned houses. This tends to impact the personnel resources available to perform regular maintenance duties to City buildings, and could potentially expose the City to litigation. It has been the decision by management that this function would be better served to contract out for the reasons state above. FISCAL IMPACT: Funding is available by using the Code Compliance fines that are collected. The account for this service is as follows: Account Description Reserve - Code Compliance Account Number Amount 691-5000-590-04-43 $10,000.00 ALTERNATIVES: Continue to use Facilities Management Division personnel to board up houses, or rely upon the property owners to do the work. Deputy Director of Financial Services ~ C~t~ Manager's Signature Procurement Services Department Name cc: Scott Blasie - Code Compliance File S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins, DATE: 8/22/01 FILE: Deputy Director Department of Financial Services SUBJECT: FROM: REFERENCES: Adminstrator ENCLOSURES: Anchors Emergency Board-Up Services As you know, the City of West Palm Beach CUlxently has a Sealed Bid #00/01-28 that was awarded to Anchors Emergency Board-Up Service. This bid essentially allows for the City to utilize the services provided by this vendor on an "as needed" basis to board up abandoned houses. Code Compliance would like to "piggy-back" the City of West Palm Beach bid for this purpose. I have spoken with Mr. Kevin Anchors, President, Anchors Emergency Board-Up Service, and verified he is interested in accepting our "piggy-back" of the City of West Palm Beach bid. Also, during our discussions we talked about the methodology in boarding up the houses and I am comfortable with their approach. I will be contacting his references to ensure the services being provided are satisfactory. It is anticipated we will require about 20 board ups per year. Funding is available in account number 691-% 5000-590-04-43. This is the account that receives all Code Compliance fine dollars, and is currently used for this purpose. Please place this proposal on the next available City Commission agenda. This should be presented with anticipated expenditures not to exceed $10,000.00 annually. The City will only use the service for board-ups on an "as needed" basis, and in compliance with Chapter 2, Article V, Section 2-79. Please contact me should you require additional information and/or clarification. S:\CODE COMP[IANCEXScott's FoldeflScott's Folder\City Manager Memos~Finance MemosXAnchorpiggybackbidrequestforboardupaug2001 .doc CPalm CBeach PROCUREMENT DMSION 1045 Charlot~ Ave. West Palm Beach, FL 33401 (561) 659-8036 Fax: (561) 835-0028 August 8, 2001 Kevin Anchors, President Anchors Emergency Board-Up Services 5311 SW 34th Way Hollywood, FL 33312-5537 Subject: Sealed Bid # 00/01-28 Am_nuaI Contract for Board & Secure Services Notice of Contract Dear Mr. Anchors; This letter will advise you that Anchors Emergency Board-Up Services, has submitted a bid for the subject project that has been determined to be the best value to the City for board and secure services as described in the Invitation to Bid. The City proposes to contract with Anchors Emergency Board-Up Services, for the work specified in Sealed Bid No. 00/01-28 on an as needed basis. Your bid will be presented to the Mayor for his approval and authorization to execute a contract with your finn as soon as possible. The City's Police Department Code Enforcement Services Division will be advising you of the required insurance so that the contract documents can be compiled and duly executed. Thank you for bidding-this project. We look forward to contracting with your finn to accomplish this project. Sincerely, Purchasing ~a..c~ontracts Administrator "An Affirmative Action/Equal Opportunity Employer" alm C each 'The Orchid City~ PROCUREMENT DIVISION 1045 ( Fax: ANNUAL CONTRACT FOR BOARD AND SECURE SERVICES The City of West Palm Beach ~s accepting bids for board and secure services of vacant structures within the City limits on an as needed basis as requested by the Code Enforcement Section, Community Services Bureau, Police Department. Tithe is of the essence and any bid received after 10:00 a.m., Wednesday, May 16, 2001, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the Purchasing and Contracts Administration Office. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, and date and hour bids are to be received. Bidders are responsible for insuring that their bids are stamped by Purchasing and Contracts Administration Office personnel by the deadline. Interested parties may acquire a copy of this Invitation to Bid by contacting the Purchasing and Contracts Administration Office at (561) 659-8036. All bids must be delivered or mailed to: City of West Palm Beach Purchasing and Contracts Administration Division Nora W. Laudermilk, Purchasing and Contracts Administrator 1045 Charlotte Ave. West Palm Beach, FL 33401 ENVELOPE MUST BE IDENTIFIED AS SB # 00101-28. Small business participation is enco.uraged, L,. /I _ Norh W. La~dern~ilk, CPPB .... Purchasing ~l¢/~ontracts Administrator PUBLISH PALM BEACH POST April 22, 2001 ANNUAL CONTRACT FOR BOARD AND SECURE SERVICES GENERAL INFORMATION A. PURPOSE AND INTENT The.purpose of this Invitation to Bid is to secure a qualified and responsible contractor for boarding of vacant structures within the City limits on an as needed basis as requested by the Code Enforcement Section, Community Services Bureau, Police Department. The assignments result from violations of City ordinances by owners of property within the City; therefore, the work will be performed primarily on privately owned properties, not City owned property. The buildings are boarded for safety reasons as well as minimize criminal activity and helps with the overall appearance of the community. It is important the City contract with a reliable and qualified contractor. The City will check references to determine the most desirable contractor to assist us in meeting our goals. The City does not select a contractor solely on Iow bid but will consider all factors. Bids should be calculated to accurately reflect the complete charges for each type of work. ANNUAL CONTRACT FOR BOAR9 AND SECURE SERVICE'S TERMS AND CONDITIONS A. SELECTION OF BIDDER WITH WHOM TO CONTRACT Consistent with the Procurement Code, Ordinance No. 3146-98, the selection of a bidder with whom to contract, after determining that the bid met the requirements of this Invitation to Bid, shall be based on the .,qbest value to the CityC using the following criteria: Skill and experience: Capacity to perform in terms of facilities, personnel and financial viability; Past performance; Amount of the bid in relation to the needed goods, services or construction: and The content of the bid. Consistent with the Small Business Program, Ordinance 14o. 3366-00, a bidder who meets the Small Business Program goals may be preferred over a bidder who does not meet the goals. B. BIDDERS RESPONSIBILITY Each bidder must, before submitting their bid, carefully examine and become familiar with this Invitation to Bid and all of its contents. Ignorance of the bid content and resulting contract will in no way relieve the Contractor of any of the obligations and responsibilities. C. ACCEPTANCE/REJECTION OF BIDS The City of West Palm Beach reserves the right to accept or to reject any or all bids and make the award to the bidder who, in the opinion of the City, will be in the best interest of and/or will be the most advantageous to the City. The City of West Palm Beach also reserves the dght to reject the bid of any bidder who has previously failed in the proper performance of a contract or to deliver services of a sirhilar nature on time or who is not in a position to perform propedy under this award. Any bids containing modifying or escalation clauses will not be considered. The City reserves the right to waive any irregularities and technicalities and may, at its discretion, re-bid. D. SMALL BUSINESS PROGRAM The City of West Palm Beach, in an effort to encourage small business participation in the City,ss procurement process, adopted the City of West Palm Beach Small Business Program by Ordinance No. 3366-00 (Small Business Program). This Ordinance is incorporated hereto by reference. However, bidders are encouraged to read it in its entirety. Any conflicts between the Small Business Program and this Invitation to Bid shall be interpreted pursuant to the Small Business Program. Please note that. regardless established or not, the City encourages small business p procurements. The Small Business Division of the Mayor's compliance with the Small: Business Program. procedures should be directed :to: Office is responsible for monitoring Questions relating to requirements or City of West Palm Beach; Small BuSiness Division Janeiro R. :Coulter, Manager 200 Second Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 659-8029, Fax: (561) 653-2698 E-Mail: jcoulter@ci.west-palm-beach.fl, us. A goal for Small Business participation has been set on Sealed Bid # 00/01-18 in the minimum amount of three percent (3%) of the total contract value. The Small Business Division has adopted procedures requiring the use of forms to insure compliance with the Small Business Program. These forms are required to be submitted, as appropriate, with each bid and/or during the course of the contract. STATEMENT OF SUBCONTRACTOR PARTICIPATION (Form SB 04) List all City certified Small Businesses that you will be using - indicate dollar amounts and percentages in the appropriate columns. This form is due with your bid proposal. Only City certified Small Businesses can be used to meet the established goal. SUBCONTRACTOR's LIST (Form SB 05) List the names and telephone numbers of Small Businesses that submitted a quote to you, whether you will use them on this project or not. Aisc, include here, Small Businesses listed in the Statement of Subcontractor Participation. Submit this form with your bid/proposal. GOOD FAITH EFFORTS REPORT (Form SB 06) Submt this form ONLY when you ;stablish do not meet the goals )rm delivered and w I1 be made a PaA AFFIDAVIT d attached to each Appfication and ice. E. PROTESTPROCEDURE Protest procedures are Procurement Code, A protest must be addressed to the Pu identifying the protester, the solicitation received by the Purchasin, calendar days of the first the facts giving Purchasing Failure to file a protest as shall constitute a waiver of pi ection 1 of the City of West Palm Beach and Contracts Administrator, in writing, id the basis for the protest and must be Administration Division within seven (7) 'ed person knew or should have known of is considered filed when received by the City of West Palm Beach PrOcurement Code the referenced City Ordinance. F. CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any' officer, director or agent who is also an employee of the City of West Palm Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, interest of ten percent (10%) or more in the bidd~r'~ buSiness. G. FEDERAL AND STATE TAX The City of West Palm Beach is exempt from Federal Tax and State Tax for Tangible Personal Property. The Purchasing and Contracts Administrator will provide the Contractor, if necessary, an exemption certificate. Contractors doing business with the City of West Palm Beach shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Contractor be authorized to use the CityUs tax Exemption Number in secunng such materials. H. INDEMNIFICATION Contractor agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (inclUding attorney fees) and causes of action of every kind and character ag.ainst or from the City by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out .of or incident to or in connection with Contractors performance under this Agreement, ContractoRs acts, omissions or operations hereunder, or the performance, non-performance or purported performances of the Contractor or any breach of the terms of this Agreement; provided however, the Contractor shall not be responsible to the City for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of the City, its respective agents, servants, employees or officers. This indemnification shall include, but not be limited to, suits, actions or claims brought because of any injuries Or damage sustained by any person or property on account of the Contracto¢3s operations in connection with the Contract; or on account of or in consequence of any neglect in constructing the work; or because of any act or omission by the Contractor; or because of any claims or amounts recovered for any infringement of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Contractor under his contract; as is considered necessary by the City, may be retained for the use of the City, or in case no money is due, his surety shall be held until such suits, actions, or Claims for injuries or damages, as aforesaid, shall have been stilled and suitable evidence to the effect furnished to the City. I. OTHER LEGAL REQUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in - no way be a cause for relief from responsibility. 1. Contractors doing business with the City are prohibited frOm discriminating against any employee, applicant for employment or client becauSe of race, creed, color, .ancestry, religion, national origin, sexual orientation, sex or age with regard to, but.not corn comPly with the 3. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall this Invitation for Bid. 4. The c 5. Any ~ Palm Beach CountY and to the laws of Florida. West Palm Beach under this award are Y appropriated for its purpose. award will be held in will be interpreted according J. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES The Contractor agrees; that the contract: constitutes an offer to contract to other government entities and torall entities of the City of West Palm Beach, FlOrida, provided the conditions and circumstances are the same. This agreement in no way restricts or interferes with the right of any governmental entity or the ~3 ty of West Palm Beach, Florida, to bid for the same or similar services. K. ADDITIONAL INFORMATION For additional technical information, contact Sgt. Ghianda, Code Enforcement Section, at (561) 653-3560. For additional contractual information, contact Nora Laudermilk, Purchasing and Contracts Administrator, at (561) 659-8036. ANNUAL CONTRACT FOR BOARD AND SECURE SERVICES JOB SPECIFIC TERMS AND CONDITIONS A. ASSIGNMENTS/WORK REQUESTS The Code Enforcement Section representative will contact the Contractor and issue a Work Request. The Contractor may accompany Code Enforcement personnel to the site to agree upon the number of openings. To assist in your scheduling and pdcing the City boarded approximately 120 properties in the year 2000. The Work Request will specify the following: 1. Number of openings to be boarded; 2. Method of securing plywood to be used: 3. Other work to be completed. NOTE: The average window opening is 36" x 48" and Contractor should base his bid price on the average size. B. COMPLETION TIME The Contractor agrees to complete the work request within five (5) working days from the date of the work request. If the work is not completed within five (5) working days, the City reserves the right to have the work performed by another contractor. The Contractor will give the City priority when scheduling work assignments. An act of God (rain, hurricane, fire, catastrophe or serious illness) or refusal of the property owner to allow the Contractor to enter on the property shall be the only acceptable reasons for the Contractor to refuse an assignment or shall be reason to grant an extension time to complete the assignment. C. COMPLIANCE WITH WORK REQUEST Contractor shall perform only those tasks listed on the work request. be compensated for tasks not requested in writing. Contractor will not D. CONTRACTORS ADDITIONAL OBLIGATIONS Upon arrival at a property where the Contractor observes that the work listed on the work request has been completed or is in the process of being performed, the 8 Contractor must not enter upon the property and must. immediately notify the Code Enforcement Section representative. Furthermore if the Contractor should encounter or observe any unusual circumstances or conditions, the Contractor must not enter upon the property and must notify the Code E. PUBLIC'SAFETYAND CONVENIENCE In the use of streets and highways for the work to be done under the contract, the Contractor shall conform to all City, County, State and Federal laws and regulations as applicable. Any work in the City rights-of-way requires a no fee permit. This includes use of streets for heavy equipment and roll off containerstdumpsters and any closure of any part of any street or road. Permits may be obtained by contacting the City Engineer. The Contractor shall at all times .conduct his work as to insure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property. Except as may be approved by the City Engineer, the following rules apply. No more than one-half ([]) of the road or street shall be closed and traffic shall .be controlled to provide minimum hindrance and inconvenience. No road or street shall be closed to the public. There shall be no obstruction of the travel lanes between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. Fire hydrants on or adjacent to the work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, public telephones, and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches. The City franchises roll off containers/dumpsters. If Contractor should have to use a roll off container/dumpster, the Sanitation Division of the Public Utlities Department will provide the names of the franchisee upon request. The City Engineer may be reached at (561) 659-8040 and the Sanitation Division may be reached at (561) 659-8048. F. EQUIPMENT AND PERSONNEL Any and all defective equipment shall be promptly removed from the site. Personnel employed directly, or indirectly, by the Contractor who are incompetent, inept or unfit to perform the work shall be promptly removed from work covered under the contract. Failure of the Contractor to remove defective equipment or personnel who are incompetent, inept or unfit may result in the termination of the contract. G. CONTRACT The Purchasing and Contracts Administrator shall issue a purchase order incorporating this Invitation to Bid and the Bid documents submitted by the bidder with whom to contract. The contractor shall not assign, transfer or subcontract this contract either in whole, or in I~art, without prior written approval of the City of West Palm Beach. The contract will be subject to immediate cancellation-if services do not comply with the specifications or the terms and conditions as stated herein. H. CONTRACT AMOUNT Prices quoted in the bid will be considered firm for each type work to be performed. i. CONTRACT TERM/EXTENSION The Contractor shall be awarded a contract for twelve (12) months with the City's option to renew the contract on a year-by-year basis providing workmanship and all other factors are meeting the. requirements set forth herein. At the beginr~ing of each year, the City will review the costs associated with this bid and the Consumer Price Index (CPI) to determine any decreases or increases in the contract amounts. Options to renew will only be exercised upon mutual written agreement. Any renewal will be subject to appropriation of funds by the City of West Palm Beach. J. SUBCONTRACTING If the Contractor expects to subcontract any portion of the contract for any reason, he must include, in writing, the name and address of the subcontractor, name of the person to be contacted including telephone number and extent of work to be performed. This information shall be submitted with the bid. The City of West Palm Beach reserves the IO right to reject a bid if the bid names a subcontractor who has previously failed in the proper performance of a City contract or failed to deliver services on time of a similar nature or who is not in a position to perform Under this award. K. PROTECTION OF PROPER~ The Contractor shallr at all times guard against damage or loss to the property of the City of West Palm Beach or other owners and shall be held responsible for replacing or repairing any such loss or damage. The City of West Palm , withhold payment or make such deductions as deemed necessary to insure r ent or replacement for loSs or damage to property through negligence of the Contractor or his agents. The responsibility for all harm or damage to person or property arising out of, or on account of, work done under this Contract Shall rest upon the Contractor and the Contractor shall save the City harmless from all claims made on account of sUch damage. L. INSPECTION/ACCEPTANCE OF WORK Acceptance of work performed will be made by the City of West Palm Beach after the Code Enforcement Section has inspected the work and determined that the job was completed consistent with the work request and to the satisfaction of this document and fully complies with the specifications herein. M. PAYMENT Contractor shall present an invoice to the City upon completion of each work request. Invoices shall be itemized consistent with the work request and shall show Property location/address, work request number, date completed and charges. Photographs as specified herein must be attached to the invoice to receive payment. Payment for services shall be made only for work performed by the Contractor and requested and accepted by the City. ANNUAl.. CONTRACT FOR BOARD AND SECURE SF_.RWC .S SPECIFICATIONS Purpose: Scope of Work: Materials: Workmanship: The purpose of these specifications is to define the acceptable method for boarding up and securing openings in vacant structures for the City of West Palm Beach. In. accordance with City Code Section 15-142 and as specified herein, all openings accessible from ground level in vacant buildings or structures shall be boarded. Openings accessible from ground level shall include any openings to floors above the ground level floor that can be reached by stairs, other structural features or proximate landscaping. Plywood: Three-quarter (3/4) inch CDX grade Fasteners: Tapcon® two and one-half (2-1/2) inches long by one- quarter (1/4) inch diameter ,Torx® tamper-resistant® flat head screws for use in fastening plywood to concrete, or Tamperproof two and one-half (2-1/2) inches long by #12 diameter Torx® Security flat head, sheet metal screws for use in fastening plywood to wood A single piece of the specified plywood will be cut to completely cover each opening with a minimum overlap of four (4) inches on each side except when a bottom sill prevents the plywood sheet from fitting flush to the frame around the opening or the opening is greater in size than a standard dimension (4 by 8 foot)' sheet of plywood will cover. If there is a sill at the bottom of the opening, a block of wood at least one and one-half (1 ~) inches thick will be placed on top of the sill and securely fastened to the sill to provide a Support surface flush with the frame around the opening for attaching the plywood to the sill. If the opening cannot be covered with a single sheet of standard dimension plywood, any necessary seams will be reinforced by screwing each piece of the adjoining- plywood to the wide side of a standard 2 by 4, cut to fit inside the opening being covered. All fasteners used to attach the specified plywood over openings of the building or structure ;the security-type screws Screws attaching the ;rial will be spaced ,n ~all :be P( s of a shall the and the to the and may be the Is that are not exposed security-type screws bond strength of Painting of Plywood: All exposed plywood surfaces shall be painted with good quality paint and using good application practices in a color the same as the painted exterior walls of the building or off-white when exterior walls are of natural material, such as bdck or stone. Manufacturers and Supplier Information: The manufacturers and a known supplier of the fasteners listed in the above materials section are shown below: The boarding contractor is not required to obta n the required security fasteners from this supplier or direCtly from the manufacturers. Manufacturers: Tapcon® screws for conc. rete Elco Textron Construction Products 5110 Falcon Road Rockford, II 61126-7009 (800) 435-7213 Tamperproof sheet metal screws for wood Tamperproof Screw Co., Inc. 30 Laurel Street Hicksville, NY 11801 (516) 931-1616 Supplier: Jim & Slims Tool Supply 13065 S. Belcher Road Largo, FL 33773 (800) 282-1024 Any and all damage due to negligence of the Contractor shall be repaired or replaced according to City code requirements. This includes damaged or broken water lines, curbs, sidewalks, and street. All costs for the repair or replacement will be borne by the Contractor. Payment for services may be withheld or deductions made until repairs and/or corrections can be made. PHOTOGRAPHS It is a requirement that the contractor take before and after pictures of every structure assigned. The pictures must be submitted with the invoice. This requirement is imperative and no invoice will be paid without photographs showing the before and after of each structure. An instant camera photograph is acceptable. ANNUAL CONTRACT FOR BOARD AND SECURE. SE. RV?CE$ SUBMITTAL REQUIREMENTS A. SUBMISSION OF BiDS The original and one (1) copy of your bid shall be submitted to the Purchasing and Contracts Administration Division by the time and date specified. At the designated time and place, the Purchasing and Contracts Administrator, or designee, will publicly open the bids. ALL BIDS MUST BE SUBMITTED ON THE FORMS PROVIDED. All bids must be typed, or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED WHERE INDICATED, FAILURE TO SIGN WHERE REQUIRED SHALL BE CAUSE FOR REJECTION OF BID. Time is of the essence and any bid received after 10:00 a.m., Wednesday, May 16, 2001 whether by mail, or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the Purchasing and :Contracts Administration office. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, and date and hour bids are to be received. Bidders are responsible for insuring that their bids are stamped by Purchasing and Contracts Administration personnel by the deadline. The City shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. For information concerning this bid, please contact: City of West Palm Beach Purchasing and Contracts Administration Division 1045 Charlotte Avenue West palm Beach, Florida 33401 (561) 659-8036 B. BID AMOUNTS The bid amounts must be presented on the attached BID form. The form includes several of work.to be performed and a place for the amount to be charged for each. ~ould include all costs associated With the work. No additional charges for Ioadin g or transporting or tipping (dumping) fees will be paid. C. LICENSE Contractor shall have the appropriate license to conduct business as stated herein in the City of West Palm Beach. A copy of such license must be included with the bid. D. INSURANCE REQUIRED Prior to commencing any work under a contract, the Contractor shall provide evidence of the following insurance coverage and endorsements. WorkersF_. Compensation and EmployersU Liability coverage applying to all employees for the statutory limits in compliance with applicable State and Federal laws. Coverage must include employers"-' liability with a minimum limit of $100,000 each accident. Business Auto Policy, or similar form, shall have minimum limits of $300,000 per occurrence combined single limit for bodily injury and property damage liability. This shall include owned, hired and non-owned vehicles. ~ Commercial General Liability, or similar form, shall have minimum limits of $300,000 per occurrence combined single limit for personal injury, bodily injury, and property damage liability. Coverage shall include premises and/or operations, independent contractors, products and/or complete operations, contractual liability and broad form property damage endorsements. Coverage for the hazards of explosion, collapse and underground property damage must also be included when applicable to the work to be performed. A signed Certificate or Certificates of Insurance, evidencing that have been procured by COntractor in the types and amounts submitted.to the Purchasing and Contracts Administrator. required insurance required, shall be Except for Workers[3 Compensation and Employers~ Liability, Certificates of Insurance shall clearly evidence that an endorsement was made to include the City of West Palm I6 Beach, Florida, its agents, employees and elected officials as additional insured. Required insurance shall support Contractor.Ds~ agreement of indemnity set forth above and shall so state in said Certificate. Further, said Certifk ; of Insurance shall unequivocally provide for .a r any insurance must be In the event that the cot f the City, to prOv lira of the City. ¢ of the during the term of the days equ It shall be the responsibility of the Contractor that its subcontractors comply with the same :insurance requirements referenced above. Requested City Commission Mcc~in~g Dates [] ~uly 17, 2001 [] palgust 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEACH AGENDA' ITEM REQUEST FORM Date Final Form Must be Tm'ned into CiO/Clerk's Office luly 5, 2001 (5:00 p.m.) Iuly 18,2001 (5:00 pan.) August 8, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) Requested City Commission MeeOn_~ Dates [] Septemb~ 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to ciw Cl~k'S Offi~ September 5, 2001 (5:00 pan.) September 20, 2001 (5:00 p.m.) O~ober 3, 2001 (5:00 pan.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA 1TEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award a contract to Construction Technology, Inc. of West Palm Beach in the amount of $944,575.00 for the construction of Boat Club Park under bid f/O77-2413-O11CJD and to establish a total project budget appropriation of $1,044,575.00 EXPLANATION: On August 22, 2001, the City opened a total of 13 bids for the Boat Club Park Renovations and Site Improvements project. The apparent lowest and best bid was submitted by Construction TeChnology, Inc. of West Palm Beach. Staff has reviewed this bid and has recommended award of the contract. (Please see attached Department of Engineering Memorandum No. 01-168.) Construction Technologies was the contractor on the successful construction of the Mangrove Park boardwalk, restroom and overlook shelter on the Intracoastal Waterway. Therefore, they are very familiar with work in this area and with the way we like to complete our construction projects here in the City of Boynton Beach. We have checked references thru two Palm Beach County construction jobs and both have had positive responses. The contract being awarded to Construction Technology, Inc. is for $944,575.00. The original Engineer's estimate for this project was $1,097,765.00 including an allowance for any S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC conti~ nd actu~ CITY OF BOYNTON BEACH were added to the project as In addition to the appropriation establish a $100,000.'00 contin flexibility for as bid, we would like to amount will give us some gets ,044.575.00 Funding for this project will $900,000.00 reimbursement initial construction payments from which we will then submit as a the project's paid for from the of sources. The City is a recipient of a ~ Beach County. The City will make provement Fund), The balance of will be ALTERNATIVES: We have waited a long time to get the Boat Club Park renovations underway. We have a grant from Palm Beach County to pay for more than 85% of the project. We have a iow bidder that has done good work for the City in the past. It is my opinion that there are no alternatives to this current situation and therefore it is my recommendation that the City Commission award this contract and establish the appropriation of $1,044,575.00 so that this project can go forward. -Department Head'~ignature Engineering Department Department Name City Manager s S~gnamre City Attorney / Finance / Human Resources S:'~BULLETIN3,FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE FOR THE BOAT CLUB PARK RENOVATIONS AND SITE IMPROVEMENTS (BID #077-2413-01/CJD) TO CONSTRUCTION TECHNOLOGY, INC. OF WEST PALM BEACH; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CONSTRUCTION TECHNOLOGY, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on August 22, 2001, by the Procurement Division and Construction Technology, Inc., of West Palm Beach, Florida, was selected as the most complete and responsive bidder who met and exceeded all specifications; and WHEREAS, the renovation of Boat Club Park will provide residents of Boymon Beach will much needed recreational opportunities; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the boat Club Park Renovations and Site Improvements project (Bid #077-2413-01/CJD), to Construction Technology, Inc., and authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Construction Technology, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. passage. That this Resolution shall become effective immediately upon s:ca'~Reso~B~d Awan:N3oat Club Par~ Rer~:~vaUo~s and S~te Improvements Project 1 091001 PASSED AND ADOPTED THIS day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner s:ca~qeso\Bicl Awan:l~oat Club Park Renovations and Site Imlxovements Project 2 091001 CONTRACT THIS AGREEMENT, made and entered into this day of ., A.D. 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, here' " ' " mafter called the C~ty and CONSTRUCTION TECHNOLOGY, INC. a Florida Corporation a Florida General Parmership a Florida Limited Partnership a Sole Proprietor Check One ere~nafter called CONTRACTOR . WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of NINE HUNDRED AND FORTY-FOUR THOUSAND, FIVE HUNDRED AND SEVENTY FIVE DOLLARS AND 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated AUGUST 22, 2001, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: BOAT CLUB PARK RENOVATIONS AND SITE IMPROVEMENTS Bid Number: #077-2413-01/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $944,575.00. C-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to fumish all materials, supplies, machines, insurance, and other accessories and prices as stated in Supplementary blueprints, as contained in the 2.2 All the work and labor performed under this of the material furnished shall be, in strict specifications, and contained in said every requirement and stipulation contracting to do said work. and consents to t and all i~alld party 2.3 the office of the with and made a~ Commission with the directions which may be ; City representative, at and for the prices herein plainly set forth. and in [ to or his authorized 2.4 Upon receipt of written notificatiOn from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written.notice. 2.5 To comply with the prOvisions of Section 255,05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all ~subcontractors and suppliers of materials.~ Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and' clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection Mth the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. c-2 2~8 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the Owner's Representative. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.0 2.9 2.10 Upon completion of the work, the Owner's Representative shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the Owner's Representative is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the ~CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.11 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 180 days following the commencement date as specified in same. C-3 3.2 3.3 Time is the essence o f the contract. In the event the CONTRACTOR shall fail in the cified and required to be performed within the time limit set forth after due allowance for any extension or extensions before set forth, the Construction or ' CONTRACTOR for that the The C due,: or damages from any amount or to collect such liquidated for aRer signature of contract, confirm proposed may direct. time, 4.0 5.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day as liquidated begin within~ten (10) days of "Notice to Proceed" or failure the work. within 180 calendar days from the commencement ated in the written "Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution oft he work; also the fumishing of all necessary labor, tools, equipment, mat~als .and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until fmal acceptance. C-4 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. INDEMNIFICATION 6.1 6.2 6.3 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.4 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney'S and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 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. C-5 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the speCifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make c by altering, adding to or deducting from the work, the Contract sum being rested accordingly. All such work shall be executed under the conditions of the claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 8.3.2 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 8.3.5 Changes in the work directed in writing by the Owner's Representative under the following procedures shall become a part of the Contract by a written Change Order. Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the Owner's Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. c-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine ifa new trait price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other mt prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the .CONTRACTOR shall receive the current local rate: of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper hmit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and xeasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general t~ exceed fifteen (15) percent of the total cc labOr, fringe benefits, direct overhead, materials, services are and 8.4.3:6 In no cas~ subcontracts including 8.4.3.7 For rental use' the , cost for administering f the subcontractors' cost not as power driven and tractors, or other equipment, performance of the authorized work, on the agreed actual time of its the de Book Company in Equipment". Rate 9.0 8.5 8.4.3.8 Records of extra work.done shall be reviewed at the end of each day by and the Engineer. Such daily records shall clearly work done under the contract Duplicate copies of the made, signed by the I the: Engineer and one copy retained by each. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for. extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the workis completed. PROJECT ENGINEER 9.1 The project engineer shalI be W~LACE ROBERTS & TODD. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. C-8 10.0 9.3 As the Engineer is, in the fLrSt instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 11.0 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides 'that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of Cancellation, nonrenewal or adverse change. Contractor agrees to ~mish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year fi:om date of acceptance. c-9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for ~ herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his: assets be made for the benefit of his creditors; if a )f his property; if at any time that the delayed ~the he is the terms of ' its or if :other just notice upon ~ CITY and if the termination set of the effective date, of sUCh Surety and the work and cease the date of on the event and stop Surety of receipt of: possible: fas 12.1.1 Complete the contract in accord~ce with its terms and conditions, or 12.1.2 Obtain a bid or bids the terms and conditions, and up the lowest responsible though there should be a contract or contracts or sufficient funds to pay the cost contract price; but not exceeding, which the Surety may 'liable hereunder, paragraph hereof. paragraph, shall mean the total CONTRACTOR under amount properly paid by CITY to with its it he CITY of (even under the paragraph) >alance of the damages for forth in the first as used in this CITY to thereto, less the C-10 13.0 14.0 15.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement ha accordance with a predetermined program, all such time limits are of the essence of the contract. ~MEDY FOR DELAY 15. I In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR ha association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. C-Il IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested: by the City Clerk with the Corporate: Seal of the'Said CITY and the CONTRACTOR has executed these presence the day. and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attomey Signed, sealed and wimessed in the presence of: Contractor President or the Vice President Attest as to Contractor c-t2 State of Florida County of Palm Beach ) ) SS: On this __ day of ,20 , personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc C-13 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-168 TO: FROM: Dale Sugerman, Assistant City Manager Bill DeBeck, Project Manager ~)//~ DATE: September 4, 2001 RE: Boat Club Park The City Of Boynton Beach approved 13 bids on August 22, 2001 for the Boat Club Park Renovations and Site Improvements. The bid was made up of a base mount for the parking lot area and an add alternate for the Marina renovation and power pedestals. The low bidder was Construction Technology Inc., of West Palm Beach. Their bid was as follows: Base $605,170.00 Marina $315,326.00 Pedestals $24,079.00 Total $944,575.00 The original estimate, without the pedestals was approximately $900,000.00. The second lowest bidder was Centerline Construction with a comparable bid of $949,182.13. Construction Technologies was the contractor on the successful construction of the Mangrove Park boardwalk, restroom and overlook shelter on the Intracoastal. I have checked references on Construction Technologies thru two Palm Beach County jobs and both have had positive responses. I have also spoken with the Contractor to confirm compliance with the specified products and scope of work. He assured me he is in strict compliance with no alternates or value engineering attempts. It is therefore the opinion of CSD and the Parks Department to award the bid for the project to Construction Technology, Inc. Cc: Paul Fleming Parks File S:~Engineering~ngineering Dept. Memorandur~doc Depatt"ment of Parks and Recreation 2700 6~h Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 642-2640 www. pbegov, com June 21, 2001 Mr. Kurt Bressner, City Manager. City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 RE: 1995 PARK AND RECREATION FACILITIES BOND - FULLY EXECUTED AGREEMENT FOR THE BOAT CLUB PARK DEVELOPMENT PROJECT Palm Beach County Board of County Commissioners Warren H. NewelL Chatrman Carol A. Roberts. Vice Chair ~ .~Haren T. Marcus MazT McCattT Bun Aaronson Tony Mas~lom Addie L. Greene County Administrator Robert Weisman Dear Mr. Bresner: Attached is a fully executed odginal of the Intedocal Agreement for up to $900,000 from the 1995 Park and Recreation Facilities Bond for funding of Boat Club Park' Phase I and Phase !1 Improvements for the period of March 18, 1997 through December.4, 2002. Please review the Agreement and the attached project Checksheet with appropriate staff to ensure that all requirements are met for project management before, durinq, and after construction. A Status Report Form is attached which should be used for the required quarterly project status reports. Boynton Beach will need to provide liability and Workers' Compensation insurance certificates. In addition, after the project is complete, a certificate indicating all-risk .property insurance must be provided. The City has already sent us the builder's risk ~nsurance certificate which is required dudng project construction. The liability, worker's compensation, and property insurance certificates must be updated annually, with certificates mailed to this office, until June 4, 2031, which is the term of the funding Agreement. If you have any questions about the Agreement Or compliance requirements, you may contact Susan Yinger, Contract/Grant Coordinator, at 966-6653. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we are pleased to be a partner with the City of Boynton Beach in bringing the Boat Club Park project to fruition. Sin~rely, ~ Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachment Copy to: Commissioner Mary McCarty, Distdct 4 John Wildner, Boynton Beach Parks Director Mike Martz Central File 1,1.1 0 o3 0 0 ~ WLLI <I~ El ,~- LLI LLI c oep ~ . eo t,-. om~ D ~ ~ ~ -'- ~ zw <, < ' LIJ UJ ,,, ~ z ~ ~.~ LUl ~ O n ZLi LUO Z 0 -- I-.. ~l~- ~ LU LU Om W n ,~ 0 I-- n.'n'' n,' LI.I~ n< Z n,' 0 o . 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Z ~< o OW ~ , o:w § o u.i~ ~ , i ~1 --~0~ mml - ~:co -- m O~ 0n ¢:: "" (.3 iii 0~ a3=u.i ~ wO rr EW ~ >- 0 ¢... .i..- w ~ z-- ='-E ~ - wO Jx~ 0 F z ~ 0 0 0 ~ Zw :~0 0z:~ Uj -- O3 n ~ ~m n~ n -- Z ~ zZ w z w F- " k- o~ n~ 0 > ~ ~ oo 03 o Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commfssion Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 200l [] November 6, 2001 ITEM B.6 "02 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:~ p.m.) Sepmm~r 20, 2001 0:00 p.m.) October 3, 2001 (5:00 p.m.) Octob~ 17, 2001 (5:~ p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to extend the "ANNUAL BID FOR DELIVERED REFRESHMENTS FOR THE LATCHKEY AFTER-SCHOOL PROGRAM" Bid#083-2710-00/KR for seven and one half (7 ~) months (school year) to SANDRA L. STROKE, of West Palm Beach, Florida with an estimated expenditure of: $4,940.76. New Bid#099-2710-01/CJD. CONTRACT RENEWAL PERIOD: OCTOBER 18, 2001 TO JUNE 1, 2002 EXPLANATION: At the Commission meeting of October 19, 1999, this bid was awarded to Sandra L. Stroke. This vendor has provided us with prompt, professional service throughout this contract period. This bid will expire as of October 18, 2001. According to Wally Majors, Recreation Director, this program was partially funded by a Grant from the Children Services Council and was originally designed for a small group of children for after school daycare with refreshments provided at Rolling Green Elementary school. Today, the City of Boynton Beach has the facilities to provide the after school daycare program without receiving Grant money and we are planning on expanding the program to more children. The City will not be providing refreshments. Procurement Services has determined that it was in the best interest of the City to extend this bid and the prices through this school year only, provided both parties agree (see attached letter from Sandra L. Stroke). Janice Phillips, Latchkey Program Supervisor concurs with this recommendation (see attached memo). PROGRAM IMPACT: This bid is to supply delivered refreshments (snacks/drinks) to the Latchkey after-school program at the Rolling Green Elementary School. FISCAL IMPACT: ACCOUNT DESCRIPTION ~ OTHER CONTRACTIfAL ~ERVICES Deputy D~ector of-F~ancial Se~iccs ' Procurement Services Department Name S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC C: Wally Majors - Recreation Director Janice Phillips - Latchkey Super~nsor File /~q~ 1AoC5-52024'%~g3:-49-17 ~ C[t~ ~Vl-a~ager's gl"gnature City Attorney / Finance / Human Resources The City of Boynton Beach 100 East Boynton Beach Boulevard - P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone # (561) 742-6248 - Fax # (561)742-6238 Web Site Address: ~ ci.boynton,beach.fl.us TO: FROM: DATE: RE: Bill Atkins, Deputy Director of Financial Services Janice Phillips, Latchkey Program Supervisor August 21,2001 Sandra L. Stroke Bid The Latchkey Afterschool program will end as of May 2002. I therefore recommend that an extension be given to Sandra Stroke our Snack Vendor from the period of Oct. 18,2001 to JuneI,2002. The amount of funds available $4940.76. The account name is Other Contractual Services (food) and the account number is # 105-3224-51349-17. Thank you for your assistance. Janice Phillips NAME OF BID: "ANNUAL BID FOR DELIVERED LATCHKEY AFTER SCHOOL PROGRAM" BID#: 083-2710-00/KR... Agreement between the City of Boynton Beach, Owner;.. arid THE RECEIVED SANDRA L. STROKE 4~ ~l.t~ml~i {~C~ (Company's Name) ~'-~ Contract Ext~ToBFtl 18, 2001 TO JUNE 1, 2002 the existing contract under the Terms and SalTI¢ · -~...~-'~g'; ~~~ . ......... ~,Ar. es, I agree to renew - Conditions. In addition, I agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. ~x~-6~ C0M~U'~ SIGNATURE NAME OF REPRESENTATIVE (please print) DATE \ TITLE (AREA CODE) + TELEPHONE NUMBER PRODUCER MARSH USA INC. SUITE 800 171 MONROE, NW GRAND RAPIDS, MI 49503 INSURED INDEPENDENT BUSINESS OWNERS BENEFITS ASSOC AT ON (IBOBA) MAIL CODE FB-1G 7575 FULTON ROAD EAST ADA, MI 49355 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES DEscRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY B N/A COMPANY C THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POECIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOV~q MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINSURANCE GENERAL UA~LITY COMMERCIALGENERALLIABILITY __ CLNMSMADE ~-~OCCuR OWNER'S &CONTRACTOR'S PROT AUTOMOSILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIASIUTY ANY AUTO EXCESS LIAEIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EM PLOYER~' LIABILITY THE PROPRIETOR/ PARTNERS/ED(ECUT]VE OFFICERS ARE POLICY N UMBER RG2681004148010 POUCY EFFECTIVE DATE (MM/DD/YY) 12/31 I00 POLICY EXPIRATION DATE IMMIDD/YY) 12/31/01 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS {LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) GENE~RAL AGGREGATE LIMITS PRODUCTS - COMPIOP AGG PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (Any one person) COMBINED SINGLE LIMIT 2,000,000 EXCLUDED 19~000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE $ AGGREGATE $ j WCSTATU-J JO~- TORY LIMITS EL EACH ACCIDENT EL DISEASS-POUCY LIMIT $ EL DISEASE-EACH EMPLOYEE SUBJECT TO POLICY CERTIFICATE HOLER IS AN ADDITIONAL INSURED BUT ONLY V~TH RESPECT TO THEIR INTEREST IN THE PREMISES LEASE TO/USED BY THE INDEPENDENT BUSINESS OWNER SANDRA L. STROKE, 1905 MEDITERRANEAN ROAD, WEST PALM BEACH, FL 33406. HOWEVER, IN NO EVENT IS COVERAGE PROVIDED FOR ANY STRUCTURAL DEFICIENCIES OR BUILDING CODE VIOLATIONS. IBO~2785595 CITY OF BOYNTON BEACH FLORIDA 100 EAAST BOYNTON BEACH BLVD P O BOX 310 BOYNTON BEACH, FL 33425 SHOULD ANY OF THE POUClE$ DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPfRATION DATE '~'IEREOF. THE IN~URER AFFORDING COVERAGE ~MLL ENDEAVOR TO MAIL ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE ~IALL IMPOSE NO OBLIGATIOI~.'~'~ UABIUTY OF ANY KIND UPON THE IN~JRER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. MARSH USA INC. DY: James Dawdy ~ :.=~.'~ "~ ~."'~ · ~ ~ ~-~'~ ~ · :::: :: :: :::::: ::: :: ::: ~ ::.': :: ::: :::::: ~:::: :: :: :: ': :::::: :::: :: :::: .< :::: :: ::: :~ :::: :'-:::: :~:~:: :::: :: :::::: :: ~ ':': ~'~:: · ~'": :: :: ~ ': ::. ~ ': :.: ':~: · ~"-': :~: ~'"'~':"~' ;::"::'"":~":~ :i :-::.: :i ::':!:!:!:! :.::!:~:!:[:i:i:i ::':!:!::': Requested City Commission Meeting Dates [] July 17, 2001 ] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.7 CITY OF ..... BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Offic~ July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 [5:00 p.m.) October 3, 200l (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to award the TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM, RFQ #088-2110-01/CJD to various qualified tow companies, and authorize the Mayor and the City Attorney to execute the Towing Services Agreement 2001 and issue the Certificate of Qualification to approved tow companies. CONTRACT PERIOD: OCTOBER 1, 2001 TItROUGH SEPTEMBER 30, 2003 EXPLANATION: On August 21, 2001 Procurement Services received eight (8) proposals for the RFQ-"Two Year Contract for Vehicle Towing Rotation Program". An Evaluation Committee was formed consisting of: Wilfred Hawkins, Assistant City Manager/Services; Matt Immler, Deputy Police Chief; Scott Blasie, Administrator Code Compliance; Robert Lee, Administrator Fleet Maintenance; and Bill Atkins, Deputy Director of Financial Services/Purchasing Agent. The evaluation of proposals was conducted in City Hall on August 27, 2001 as a public meeting and most tow companies were in attendance. The Evaluation Committee evaluated the proposals based upon the specification requirements of the contract. During the Evaluation Committee review Palm Beach Gardens Towing Corporation was disqualified since their proposal did not conform to the requirements of having inside/outside storage and an office within the City limits of Boynton Beach. Subsequent to the review of proposals, the Evaluation Committee conducted site inspections of each towing company (except Palm Beach Gardens Towing Corporation). During the site inspection it revealed that Kauff's of Palm Beach, Inc. did not fully comply with the requirement of inside/outside storage and maintaining an office within the City limits. Therefore, they were disqualified by the Evaluation Committee. PROGRAM IMPACT: The RFQ states the City is seeking a minimum of three (3) and a maximum of five ($) tow companies. The Evaluation Committee is recommending six (6) tow companies for the rotation program. The current towing rotation program has six (6) tow companies, and it is within the provisions of the RFQ to allow for six (6) tow companies. Attached are Exhibits A and B prepared by the Evaluation Committee to support the recommendation. FISCAL IMPACT: The provisions of the Towing Services Agreement 2001 allow for aH City owned, or City leased vehicles to be towed at 40% of the agreement price. This is 10% less than the previous contract. ALTERNATIVES: The Commission may adjust the number of tow companies to receive a certificate of qualification but should maintain the minimum of three (3) as stated in the agreement. S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM ~eputy Director of Financial Se/ivi~es / Procurement Services Department Name City Manager's Signature ~/ 'ty A~m"~y/-Finance / Human Resources cc: Evaluation Committee Members Phyllis Dixon - Communications Jeff Livergood - Public Works S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 088- 2110-01/CJD) TO VARIOUS QUALIFIED TOW COMPANIES; AUTHORIZING THE MAYOR AND CITY ATTORNEY TO EXECUTE THE TOWING SERVICES AGREEMENT 2001 AND ISSUE THE CERFICATE OF QUALIFICATION TO APPROVED TOW COMPANIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened eight (8) Bids for the above mentioned project on August 21, 2001; and WHEREAS, an evaluation of proposals was conducted in City Hall on August 27, 2001, as a public meeting; and it was determined that six companies met the criteria based upon the specific requirements of the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to various qualified tow companies; authorizing the Mayor and City Attorney to execute the Towing Services Agreement 2001, and issue the Certificate of Qualification to approved tow companies. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner s:ResoXBid Award\Tow Contracts EXHIBIT B COMMENTS Beck's Towing & Recovery, Inc: The company meets basically all eligibility requirements. However, the company is requesting Class C tows. The 1994 Freightliner vehicle which qualifies the company for Class C tows is currently in Tennessee having a 30 ton heavy duty unit installed. Qualification for Class C tows will be contingent upon physical review of this vehicle. Also, during site inspection it was noted that one of the tow trucks had a worn tire that was brought to the attention of the owner...company will take necessary action to replace tire. Eastern & Glass, Inc: Environmental conditions of the outside storage s to be addressed. Enclosed photos will show that company should on cleaning up the outside storage. Although being recommended for the towing contract, an unannounced reinspect of the outside be conducted within six (6) months. If problem continues to 3f the contract with Eastern may be changed by the City. Emerald TowincJ~ Service: Company meets the requirements of the contract. Jordan Wrecker Service: During site review it was noted that one of the Class B towing trucks appeared to have some equipment problems. This was brought to the attention of the owner :and owner commented that it was purchased used and is undergoing maintenance upgrades to correct the deficiencies. Owner offered to show copies of the parts order form for the upgrades. The site inspection revealed that Kauffs had no provision ge (Contract - Section 4.0 Storage Facilities, Paragraph Facilities) had no equipment on-site at the location, and basically had no effective operating office with office equipment (Contract - Section 4.0 Storage Facilities, Paragraph 1. Office Facilities). Palm Beach Gardens Towing Corp: This company is located in Lake Worth and has does not meet the requirements of the contract for inside storage, outsid office facilities within the City of Boynton Beach (Section 4.0 Storagt Scott'.s City of Corn Oualificati y, Inc: In May 2001 this company relocated to the Basically meets all the requirements of the contract. undergoing ~environmental review and issuance of Certificate of lent upon receiving the required City occupational license. Zuccala's WreCker Service, Inc: Company meets the requirements of the contract! 0 ;:o, O0 cO 0 z ~c~ rnrn -n 'o "o m ~, ~ ;oZ Coz z ~ z m 'o -o z m-n z__ -rp-m~ <<:~ ~ r- r- z ;> ~ ~ o~r'O 0 ~>m mm ;o ~ > ~c o o : ~ m ~ m ~Z~- ~ ~o=m . ~ ZZ 'o m m oo> m m rn m m m z rn~ ~ Om ~_{0 ZZ m m m:> m m m rn m m m-,. z ~m> - pz zZ ~ mO o~ ~ -- ;~__. z_ o ;~ -~ mr- rn ~ ~1 0 .m~ ~0~ o oo ~°I z z ~ ~0 ~ ~ m -- ~m ~ -- ~ z c ~ ~ ~ ~ - i m - ~ ; c ~ z z 5 ~ ~ ~ 0 Z ~ ~z ~ ! .> c ~ ~Z Z m ~o o ~s.~ ~ ~ . -- ~ ~ < mm 0 ~ ' z m o ~ ~" ~m~ Z ~ _. ~ o Z · .~.00 ~mm C~ ..., 3> oC ~m 0~, ~);~ ~Z 0 rtl m- z O~D~D .~.00 eomm ZZ --,.o gm< --I m 0 ~z zo Zo Zo ~o~ > 0 z ~: .r" ? ~ .-- '13 = '~' ~ - ~8 m z ~ o - - . z ~.~ The attached agreement is identical for the six companies listed below: Beck's Towing Eastern Towing ~ry, Inc. Inc. AGREEMENT and THIS IS AN AGREEMENT, dated the THE CITY OF BOYNTON BEACH, hereinafter referred to as "CITY", day of ,2001, between: FLORIDA, a municipal corporation, Beck's Towing, hereinafter referred to as 'q'OW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City Ii mits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehiCles 10,000 to 30,000 GVVV) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X. 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an a( mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. aw STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 per day $30.00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35:00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22,00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $40,00 per vehicle Per FlOrida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when.~the vehicle is overturned, embedded in sand, mud, or water, or requires more: than a single hook-up: (1) Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage ~'ate as stated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be toWed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever. 4 1.3 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost fo~ CONTRACTOR until forty-five time shall not be assessed by TOW minutes after arriVal at the scene. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be clearly shown onthe tow receipt with a written explanation of the labor charge. 2.0 will Labor to the general public of the effective date of this contract. DJ SERVICE CALL. TOW to a service call scene wi for which charges ma! agrees that the mere response action :not constitute a service to the owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time labor chargl charges may be disPuted by representative. TOW Manager or his/her assessment of a di., CONTRACTOR shall abide I designee. ~ and the work performed for assessed agrees that the special or additional ITY officials, and/or the vehicle owner or further agrees that the City make the :final ~etermination on the and additional charge, and that TOW the decision of the City Manager or his/her CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifi~tions set forth hich serve the best interests of the CI~"Y' based upon the following the ability of the appliCant to provide the required services with regard to the extent and condition and facilities, record keeping procedures, competen( financial support, and exceptions taken to terms., conditions and specifications; experience, qualifications, training and past performance of each proposed tOwing company's owners and officers,, and persons directly involved in managing the service on a regular~bas s; substantiated com Consumer County of the each who shall inform record The its staff ~licants the committee equipment, ten make his/her based upon its deliberations and 2,1 ELIGIBILITY. A. Beach continuously' within Pal= ible to respond to, this: RFQ, TOW CONTRACTOR shall be less on a full-time basis in Palm and shall be able to in providing similar services (one year of which must have been TOW CONTRACTOF equipment and o can financial support, required to ensure that TOW CONTRACTOR granted a contract, under the applicant; incurred by the ; failure to select a particular imited to actual preparation costs The determi~ as used herein shall be established company as the Boynton Beach City Co mmission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement: TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida,: the United States of Amedca, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Ag reement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of n order to conduct business as a wrecker or tow service. Proof of shall be submitted prior to :the approval of this TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. At all times dudng the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2,2 APPLICATION REQUIREMENTS. Ali applications shall be submitted as specified on the application pages. Any attachments must be cleady identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should iqclude a reference to the document number an~l page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference matedal included inthe additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 2.4 GENERAL SP.EClFICATIONS. A. TOW CONTRACTOR:shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. ~d (or POI removal of and when ;nt s by the cit minimum requirement., this Agreement. within the shall meet the At ar scene, area accident. glass and shall remove from the street ;r debris resulting from the un ~11 have the right to cancel a request for tow company service up :that a wrecker is hooked onto a vehiCle and ready for tor the storage facility. However, if the tow is cancelled, the tow ~/ill'retain their position in the rotation. SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; ClaSs "C" List; and 3. Code ~Enforcement List (mandatory for all Class "A"/"B" tow contractors). TOW CONTRACTOR must own, lease (first-party)and be in possession, or mc · and have immediate access to two (2) CLASS "A" VEHICLES with the following specifications: 1. Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat~ or sling, and safety chains. 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. EJ At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 1,0,000 pounds, with at least (4) ton winch pulling capacity, a fiat .bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a eight (8) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a Gvw rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACT_ORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access toat least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; amber in color it can be seen from the icle; One (1) heavy-duty push broom; A flood light on the hoist; One (1) fiat-nose shovel; One (1) ax; One (1) crowbar; At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; One (1) pair of bolt cutters; One (1) set of jumper cables; One (1) four-wait lug wrench; One (1) high-intensity flashlight; One (1) set of red highway reflectors; Five (5) thirty minute flares; Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the ddver and the office of TOW CONTRACTOR; and Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. l0 To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate o,f qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and 3.0 Do noperable, sold, levied upon, repossessed Or attached. CONTRACTORS. ' with all laws, rules and regulations of ~n in the premises, including but inimum safety requirements. I be the holder of a general towing and wrecker by P_a. lm Beach lall be the holder or any licenses requiired by Florida law Beach. q 1. dl be manned by a driver who must meet the following Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each ddver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a ddver's unsafe, unlawful or improper OPeration, documented corrective action must be taken by TOW CONTRACTOR. 11 4.0 CONTRACTOR. storage without written consent from CITY. Should ng said consent, the relocation shall constitute a breach of this a. to It shall be the duty :of TOW CONTRACTOR to , and a work area ~ph ~facsimile machine, b= Co mai any and the officials at an~ime,. 24 hours a day, 7 that maintainsr a radio communication, system at all times, 24 hours per day, 7 days a week. TOW CONTP~CTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Ou{side storage shall be kept and maintained to provide for the emoval of junk, tires, and auto parts; the regular tdmming of all hrubbery, bushes, trees and grass areas (along fence line and on property)i and adequate drainage t° prevent standing water. Outside storage areas must be .protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped With'not leSs than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to .such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE, TOW CONTRACTOR shall be capable of storing up to. three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one: (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber Or leather) by the wrecker operator. Cdme scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside' storage. If inside storage is not available, CONTRACTOR shall, surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and stodng it at a City-owned or controlled facility or at another Tow Contractor's storage ,compound. If laboratory work on a crime scene vehicle is required and the vehicle must be at the City of Boynton Beach Police vehicle shall be transported to the Vehicles which have been marked HOL by the Police t Department shall be stored a such compound for whatever period of time necessary, in order to propedy process the vehicle and conduct any investigation necessary. ]3 Confiscated vehiCles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. stodng .~r Tow Contractor's facil ~icles at all times; shall be 5.0 5,1 5.1.1 PE A. A three performance city notice settin notified Should the City three (3) may be Commiss ROLE OI The Ci~ a CC Commission C~ty FORMAL REPRI Upon issue a wdtten in t written Agreement Qualification should the cimumstances. of Qualification will be subject to a During this time, the contractor's ;ity staff. If .TOW CONTRACTOR'S set forth in this Agreement, the City s{~ff, by written rms, revoke the end of the will be so 'revoke a Certificate of Qualification within the anOther Certificate of Qualification pany as determined by the City ENALTIES. formally reprimand TOW ification,: suspend activities of recommend to the City and recommend to the terminated. to him/her by City staff, the City Manager may act or omission, which of this Agreement. A 1 of the terms of this of the Certificate of be appropriate under 14 5.1.2 REVOCATION. In the event any cdteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations: occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation, In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a 'recommendation shall be considered by the City Commission for CITY. 5.1.3 5.1.4 REPUTAI any complaints received CONTRACTOR's ~ation thereof. by .CITY this of nt be of ibility shall be cause for revocation of a Certificate of Qualification limited to the following: Ao Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not: been restored; officer, employee or agent convicted of any felony when dghts have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor dire~ly related to the business and/or operation of a wrecker, when that person ~ civil :dghts have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Do Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties ~are impaired; of the offense of ddving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 15 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this or her d right city to er =the and termination City of this Agre TOW city this at the may er 6.0 COMM A. equipment owned, leased, or ~red approved by Vehicle, and all equipment utilized by TOW in good mechanical condition at all vehicle, and all equipment is subject to esignee at all times during the term of this Do (i.e. flashing lightS are used only an emergency of the vehicle in necessary). 6.1 7.0 8.0 9.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE ,EAN-UP. )R shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, ~rty of CITY; and shall remove the same to a proper is, will or has been served by TOW The owner of the vehicle or trailer purSuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW agrees to maintain, and upon request, provide to the City of E Police Department the following information on all officers, em ents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, ddver's license numbe ~ number, and photograph. TOW CONTRACTOR agrees th~ ~ of the company or the officers of the company, if a corporation, f responsible, for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and / its employees that CITY may run ddvers license histories on any time with or Without cause. If: MORE APPLICATIONS UNDER DIFFERENT NAMES FROM ONE PROPOSER. pplication is submitted by any one proposer, by or in the - their clerk, partner, or other persons, and it is determined applicant is under single, identical, or substantially all such applications will be rejected. If the above revealed until the contract term has shall constitute grounds for revocation of the certificate i and termination of this Agreement with TOW 10.0 RESPONSE TIME. A. TOw CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: 17 CLASS A CLASS B CLASS C TOW CO~ res from res Ir 30 minutes from request 30 minutes from request 45 minutes from request g the required class Iting the the nt the Fo Agreement: TOV~ in S~ fail to of this 2. ;rise 3. ~se 4. 4thi offense and greater Penalty Certified letter of warning One(l) week suspen One and revocation of qualification ith CITY o1: TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if Tow CONTRACTOR can show by substantial! petent extenuati ' ~nces beyond TOW timely respond; the, suspen ion. All appeals must be made days of the action, and Suspensions shall not be City Manager recommendation re~cation ~)f the certifiCate of consideration and action by the City Man any pendin of under ion. thirty (30) ~e appeal. agreement and s~ti0n requires 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipme.nt and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair shall provide written notification to the owner or rel: of the owner of the vehicle towed under the proVisions of this ,nt, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. shall notify CITY in writing of any and all repairs truCks, and trailers by TOW provisions of this Agreement. ;hicle owner that there isno obligation to have Undertake any repairs to the vehicle shall be included, an; EMENTS· ITRACTOR's liability insurance policies shall name the CITY as a~ insured. ring the term of this Agreement, TOW CONTRACTOR shall have in with those limits specified in this Section. Copies of said insurance must be furnished to CITY's and Risk Management Department immediately Agreement by the City Commission· CITY may request ce or the name and phone number of insurer at any time the Agreement, and. TOW CONTRACTOR must of of insurance within five (5)days of the request. proof of insurance required in this section or the · of insurer as requested shall result in automatic icate of qualification and imay be grounds for ireement with TOW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the covera as shown in this Section. A thirty (30) day in favor of CITY shall be included in the Policy and the Certificate~ Do TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Co~ D 2. m: limits of amount of Thousand 3. nce imum protect by TOW Iny loss or removal or 13.1 Fo TOW CONTRACTOR shall provide CITY with Certiflcatel on all policies of insurance and renewals tf CITY~ Each: POlicY :shall provide that cITY is an ad that the CITY shall be notified by the insurer in writing at least thi~ (30) days prior to the effective date of can Each to CITY's business months in G. Each shall under e TOW this Ag ~ iSsued by H. TOW worker's co~ of Insurance to and Incellation 4e rized to do six (6) ~ce required liflcation. the term of terms and approved by to maintain, at its own cost. and expense, ~ the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable fo'r any towed vehicle and property contained therein. 20 13.2 14.0 14.1 TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed, The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall' be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the ~ ~r shall be securely attached to the vehicle; one copy e BoYnton Beach Police Department, and the f shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. TOW the PM, of stol and fult retd fee iE FACILITIES. that all storage areas shall be accessible between and 6:00 P.M., Monday through Friday and 9 A.M. and 12 Gate Fee shall not be charged during the applicable .~monnel of TOW CONTRACTOR shall be available igations and services, including retrieval the public, required of TOW CONTRACTOR are available rdingly, there shall be no "gate fees" charged to the CITY for to a vehicle in storage. There will be a $40.00 gate or other entity retrieving a vehicle from storage. PROPERTY. in enclosed areas shall be stored under "lock 14.2 TOW direct~es. shall protect all stored vehicles, and any evidence property contained therein from theft and damage in ~with all reasonable police department instructions and TOW CONTRACTOR agrees to replace any such article(s) upon of the loss by the designated investigative agency representing th~ Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY pdor to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to pedodic inspections dudng the term of Agreement when deemed necessary by the City 21 B4 Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY shall be submitted to TOW CONTRACTOI remedy the be 14.3 which has shall not ich C. Ri filed. All C( Any vehicle or'trailer declared: to nuisance may only be re Police Department. or trail TOW right to and of the ~n~ trailer from a week, been Any customer contacting TOW C prior to at the storage site fo )rity of F. if all matters towed vel' a Beach one or otherwise ;ed of the 1, 'each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent:to contact and before retrieval; 3. payment; and 4. the days that the storage site is open for regular business. in order, customer shall be returned to possession of the trailer within thirty (30) minutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless: as to any claims, suits or actions alleging such loss or damage. Personal property found :in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. TOW CONTRACTOR shall be held accountable for all' personal property ~ time the vehicle or trailer is stored at TOW CONTRACTOR's storage facility, and while TOW~ RACTOR disposes of jUnk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTI TOW CONTRACTOR vehicle. ALL Beach vehicle least seven. CLE: ~ny vehicle or trailer to any location that designated by a CITY Police Officer or or owner or person in possession of vehiCles towed from a location within Palm to CITY property. Each and every ~hall be towed to a storage facility within and shall remain at that location for at Ao wreckers must be equipped with two-way radio or The range of the communication system shall, thrbughout the Boynton Beach city limits. station for the above equipment must be strong and provide city-wide coverage. A citizens band radio is this requirement. shall, at no time, be tuned into any police Of the Federal Communication Commission (FCC) shall at all times, have a competent employee(s) Eo TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency ,calls for ,service. This service ,is in addition to the and is efficient 16.0 REPO A. the CITY's at the ned provided ;2 3. 4. lief; Co placed on the vehicle by the the vehicle. TOW available uest by the CITY's Police De and trailers of thirty (30) days or or trailer that has not: I the towing of the Services related rs shall be basis to the Iogg the vehicle or CITY the hours and trailer to those dates re of the or trailer. autho~ ch time as a TOW ( by TOW form i D. ltain at its place of business records containing the )n: Eo a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service bythe Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all elative to this Agreement. 2. :shall make available for inspection by CITY personnel the compounds and storage facilities In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECO TOW, days years within th audit 'ION AND RIGHT TO ACCESS. )R shall preserve and make available for inspection r the purpose of copying, all financial records related to ng under the termsr of this Agreement, upon five (5) All records Shall be maintained for a Period of three (3) of this Agreement. If an audit has been initiated tee (3) year pedod, but findings from the audit have not been shall be retained and maintained until resolution of For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each ow made I~y TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, lin the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement With TOW CONTRACTOR. 25 17.0 CODE ENFORCEMENT CASES: A. When towed from public property, including right-of- wa the appropriate notificatiOn, TOW CONTRACTOR has the fe for sale pursuant to Bo TOW CONTRACTOR m~ forth in Sections 713 ceed in accordance with the provisions set Any breach thereof 18:0 C. When vehicles or TOW pursu NON-EXCL! A. The involved in man after receiving store the vehicle after which time vehicle or trailer e vehicle or ~trailer which has been pacitated in any other wrecker or tow does not create can be expected. nity to have the vehicle or 19.0 vehicle or trailer rest moving, towing, and storage of es to any ~cts or omissions. C. towed under the request of the Cl'i'~, including but Code Enforcement lic' W( Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW defend, indemnify and save CITY, its agents, employees, and police de suits, ~ctions, this Ag bodily CONTRACTOR's duties; ar ainst any and all claims, .whatSoever arising during the term of ,ion' of TOW CONTRACTOR involving sustained as a result of TOW expenses, liabilities, causes of action, or legal proceedings brought therefrom; and from and againSt all orders, judgments or decrees which may be entered therein. 26 20.0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought asa result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In or other ng I and all costs and expenses ~ncurred therein. I arise from this attorney, s fees ~by agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on , gender, age, handicap, marital status, political otherWise with respect tO its hiring practices and in reement. SERVICES; ,rominently post in a conspicuous location at its tow vehicles and wreckers, a list of charges, A list of such charges shall also be pdnted and such the owner or person lawfullY in possession of :railer towed by TOW CONTRACTOR. shall not charge for any service that exceeds such nor shall TOW CONTRACTOR perform any deliniated on such posted or listed schedule without person lawfully in possession a wdtten estimate of the due and payable upon completion of the unposted or unli COMPLIANCE'WITH LAWS. This Ag reg forth by municipal municpal shall be governed by all federal, state, and local laws, and codes, as amended from time to time, and as set agency, including but not limited to, any and all or regulations which may govern CITY as a Florida NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should ToW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to ~he City of Boynton Beach Police Department, 27 25.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. NI or covenant, condition, ~nd Y a waiver or any 26.0 ' this is uires Jblic 27.0 ,P day. hicle in accordance with the terms of this g documentS from the vehicle le aUtO tag and any 'unattached personal to the City Manager's and resolve the the than the LIST PROCEDURE. of the wrecker rotation is to have in place a wrecker call-out on a per incident basis (except Code An index Card syStem is utilized and main{ained by the DiVision. ProcedUre. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS reqUired to participate). 28 = iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY ent or employee on the scene requesting ~r or tow shall determine whether a top of the rotation list in the event of cance ces where the wrecker is not used. the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. Co The next tow the rotation will be contacted in the event TOW cannot be reached by the CITY's ision or TOW CONTRACTOR has f~ ithin a reasonable time to a hazardous official, agent or employee shall determine, his sole discretion, whether the do the CITY will reconcile logs on a reports of problems or attention of the dispatch the same to the Tow Police Department. ao ce A man trailer be ( ,will be used by CITY to track all vehicle or rotation wreckers. date and time of the tow, the tow agent or employee, dispatch, computer check. :he vehicle or trailer owner or person Will not be charged against the be logged as such by request cannot be a rotation wrecker will on the rotation schedule. Knowledge of Position on Rotation List. a. TOW ¢ on the wrecker info~ b. The~ for knowing its position Cl~ will not provide this pursuant to Chapter 119, liable for inspection, by ~siness hours. 28.0 CODE A. Purpose. removal wrecked as Ordinances. CITY. Procedure. 1. Tow List. a. d. person E= lure is to be utilized for the abandoned, unregistered or Beach Code of are to be at no charge to the · 'S ~cked up at the front desk of the the CITY on th~:lst, 10th, and 20th day of each must be returned to the front desk no ; last daY of the month. ~ of each vehicle or trailer will be noted or currently licensed). whose status is not verified will ; next month's tow list. . represented in the rotation the name of and accessible contact number to the Police ~' tow list. rotate Code Enforcement tows on ~R is required to notify CITY's Code ment and the employee responsible for 10) days in advance of its month do tows, if said TOW to perform such tows as requested )NTRACTOR is unable to moved to the end of the Code and may be subject to penalties as rnent. 3O 29.0 29.1 29.2 TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a pedod of time as determined under the sole discretion of the CITY's City Manager. Co CITY hereby reserves :the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular, rotation Or otherwise. TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30)days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. INDEPENDENT CONTRACTOR. This ^greement does not create an employee/employer relationship between the parties, it. is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but nOt limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW is a separate and independent enterprise from the CITY; full opportunity to find other business; that it has made its own business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CI~( Will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by wdtten notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by wdtten notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective piaces for giving of notice: P.O. Box 310 1 10 TOW CONTRACTOR:~ 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate Such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it 'shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be govemed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 32 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first wdtten above. CITY BY: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH. BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. 33 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of 2001. NOTARY PUBLIC My Commission Expires: WITNESSES: TOW CONTRACTOR BY: S -\TE OF FLORIDA CC'JNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal the State and County aforesaid on this day of 2001. NOTARY PUBLIC My Commission Expires: WF~AGMTS~Tow~n~ Agreemem 34 EASTERN TOWING Requested City Commissi~ Me~u~ D~ [] ~ 17, 2001 Au~ 7, 2001 Au~ 21, 2~1 S~4, 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.8 Date Final Form Must be Turned in to,City Cl~k's Office City Comrni~ion Dat~ Final Form Must ho Turned in to City Clerk's ~ July 5, 2001 (5:00 p.m.) [] S~anb~r 19, 2001 S~member 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2, 2001 S~anber 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] Octobe~ 16, 2001 October 3, 2001 (5:00 p.m.) RECOMMENDATION: August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5.'00 p.m.) Motion to approve the recommendation of the Real Estate Administrator selection committee by designating The Urban Group, Inc. as the number one rated firm for providing real estate administration services, authorizing the City Manager or his designee to conduct negotiations with the Urban Group, Inc. for purposes of entering into a professional services contract, and approving a purchase order in the amount of $85,000.00 for those services. EXPLANATION: The current budget has funding and a full-time position approved for a Real Estate Administrator in the Engineering Department. Rather than hire a single individual to fill this role, it was determined that it would be in the best interest of the City to contract for this service through a professional real estate services firm. To that end, the C9~ solicited proposal through a Request for Qualifications. Two firms' responded by the July I response date. Of those two firms, The Urban Group, Inc. clearly had the best written proposal that met all of the requested qualifications, and they were invited to make a presentation to a staff selection committee. That presentation was made on August 22r~. The review committee, made up of Development, Planning, Engineering, CDBG staff and a representative of the CRA have unanimously recommended The Urban Group, Inc. to the City Commission. PROGRAI~ IMPACT: Attached is an outline of the approach The Urban Group, Inc. will take for the real estate administration services that the City needs. These services include providing guidance and problem resolution for property acquisitions, leases and other real estate transactions, in $:kBuLLEHI~O~G~A ITEM REQUEST FORM.DOC CITY OF BORON BEACH AGENDA ITEM REQUEST FORM addition, contracted services will include arranging for the engagement of other professional services, such as environmental consultants, appraisers, surveyors and title attorneys for real estate transactions. The Urban Group, inc. will negotiate and consummate an~ uses. it will also be available to provide all of these services for the CRA. Further, this firm will be responsible for preparing studies, analyses, legal descriptions and reports relating to prOperty acquisition. They will perform research, compile dat~, conduct market-baSed analysis, identify trends, and make ~'ecommendations and reports on all real estate opPortunitie~' for ~n, The Urban Inc. could be responsible for citywide space planning, 'existing City properties, the al {ees relating to city- Urban Group, Inc. for their possible help with on the City's server),- ned addresses. There are a number of existing real estate administration services contracts that are available for the City to 'piggy-back' on. This will be a part of the negotiations process. Funds are currently available in Engineering Department account g001-2413-524.31-90 and adoption of this agenda item will encumber $85,000.00 for future use against the professional services fees to be charged by this firm. This action by the City Commission is just to recognize The Urban Group, Inc. as the number 1 selection, to authorize-the City Manager or his designee to negotiate a contract for those services, and to encumber $85,000.00 of existing budgeted funds to be used to pay for the professional services fee. The actual award of a finalized contract (after negotiations) will still need tocome back to the City Commission for approval. Not to authorize:the establishment of a contract with The Urban Group, InC. ' C'~'ty Managa"s Signature Engineeri.ng Department Departmeat Name City Att(a'ney / Finance / I-Imnan Resa~ces S:~BULLETIN~ORMS~,-GENDA ITEM REQUF.~T FORM.DOC !T't'O'N'TON lll ' C/ ;[ ': C ... '-'- "/ , '.;. ?-~[- J' . . - _ ~ ,~:-', .,, ? ) -:,:,- ' -') ~, . ~" "~ ~ -q. ,/ : ' ~ '.:.- - ~ ¥~--t ,' ._. m..:,~ ~.d ' ,: -". x ~" / .... -' '~ '~ ' "' ~' ' ..... / .- % , ~- , -( . .%..,~- ~... .. ..... ~._. .... , ..' .. .;~.~ ~ · " RFQNO' "- ~a 01tKR ' .... '"' ~ -' ;' '; ' I"x ': , .. %. ~ {..,.: ' [ " ; -14~4 ~uth ~a ~enue ,, ' 680I La'kS-Womb'Road ~._ > .., S0~e.:~0 ,; ' ', :.' ~ ' , ~ 306 - .. Fo~'m'~uderd~e, FlOrida' 33316" ~ , L~ke W~h, FI6rida 33467 , ' ,~(9~4)~2-6._ ~ 2~6" 'j ' . c ~ d (561) 965~7922.: L' · ( _ '~ ~.. , ~ , , ; - . -_._ 'j)' ~, _- ..., ,-,, = -we DoWhat. we ~y" . ' ~ ~ ., . .~ -.. .=..._,~_ I ~UDm~ ~ ' Ig 200 ~. (', t ! ~ , - ~.A~ul~i~n arid. fle~fion Se~ic[s I Hoqsing :and .~m~i~ De~,,~ n ~ 1 'Real E~te Ass~ Managemen[ 3uly 19, 2001 City of 100 E. P.O. Box 310 8oynton 8each, Florida 33425-0310 Subject: Statement of Qua .RFQ # 075-2413-01! In response to the above Request For QualificaUons (RFQ) to provide Real Estate Administration Services, The Urban Group, ]:nc. (TUG) is please to submit to the City of to service the described project. This letter, information, will describe our ives references and contacts. It will to perform the services Boynton Beach, twelve (12) copies and accompanying Statements of Qual firm's qualifications and experience also define our proposed outlined in the Scope of Work. The Urban Group~ Inc., a Iished in 1984 and is licensed, by the Florida Real Estate Commission TUG has offices in Palm Beach and Broward Counties, in Lake Worth, Fort Lauderdale. This project will be operated from our Palm Beach County ~ Worth. TUG is an associate member of the Greater West Palm Beach and Fort Lauderdale Board of Realtors, and has access to the Multiple Usting Services (MLS), and Real Estate Solutions Property Data Computer -Services. TUG specializes ~ related services to local, state and federal governmental agencies, private sector clients involved in government funded voluntary public purpose and necessary property acquisition, and eminent domain projects. TUG is presently a Right- of- Way consultant for the Flodda Department of Transportation (FDOT), and real estate acquisition agent for the Town of Lauderdale-By-The-Sea. TUG is administering four (4) real estate projects for FDOT in South Flodda with a range ~of services much like that proposed in this Real Estate Administrator RFQ, induding: negotiations, property management, leasing, database interface, accounting, subcontractor management and coordination, and appraisal review. Staff who will be working on this project are experienced in all aspects of real estate related services, and they are familiar with working in governmental sector projects that require high levels of responsiveness, coordination, accountability. To lead the Real Estate Administration Services TEAM, we propose four (4) staff persons who are very experienced in both voluntary and involuntary (Condemnation).authorized government real estate Projects. It is their project management skills that will assure accountability and responsiveness to City of Boynton Beach The Urban Group, Inc. * 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 9s~-5~-6~ City of Boynton Beach 3uly 19~ 2001 staff responsible for project oversight. Other Real Estate Specialists will support these managers. PropoSed staff has over 192 years of combined related experience. ext. 1',12: Urban Group, In , I will be assigned as the contract's Single Point of [ can be reached at We appreciate your consideration of The Urban Group, Inc. and we look forward to presenting you With a Best Value to the ty'~ fee for service. Yours truly~ THE URBAN GROUP~ ]NC. President/CEO Accompanying Documents Cc: 3im Nardi, Vice President, TUG Bruce Bradley, SR/WA, Right of Way Manager, TUG. ~The Urban Group The Urban Group, Inc. 1424 South Andrews Avenue SUite 200 Fort Lauderdale FL 33316 phone: 954.522,6226. fax: 954.522:.6422 www. theurbangroup.com providers Howard Steinholz, the firm's Corporate Director, provides hands-on oversight for all company ement conducted by Division Directors. TUG Divisions focus on and Community Development, Real Estate Asset and Default ! Group Inc. is uniquely capable of providing public and assignment. Through the years, The Urban Group has developed an unusually broad mix of professional expertise, knowledge, and experience, solving problems of both public and private sector clients immersed in real property issues. While most real estate consulting firms are guided by managers who are strictly real estate professionals, our diverse team of professionals develop'every facet of a client's strategic plan. TUG provides proven experience in urban planning; finance;real estate development; property management; default management for forfeited and foreclosed properties; real estate appraisal; community development and redevelopment; condemnation land acquisition and relocation; and construction, TUG possesses the professional talent to accomplish a myriad of services for its varied client base. As a Florida licensed real estate brol~erage, TUG's staff maintain active membership/affiliation in a number of professional and industry organizations including, but not limited to: Florida Housing Coalition; American Society of Appraisers (ASA); International Association of Assessing Officers (ASA); Appraisal Institute; National Association of. Realtors; Airport Nlanagers Association; International Right-of-Way Association (IRWA); and The Board of Realtor.'- es a result, TUG staff remain informed of all current trends and developments and are able to represent our clients in the public and private arenas. As a Corporate sponsor financial contributor, The Urban Group supports various academic and community efforts including: the Florida State University Real Estate Research Centec REALTIST; The Orange Bowl Committee; Florida Sheriffs Associations; International Right of Way Association, Florida Housing Coalition, Make-a. Wish Foundation, Broward County Museum of Art, The American Heart Association; America Cancer Society; and others. The Urban'Group is a member of the Greater Ft. Lauderdale Chamber of Commerce. i i i i i i I THE URBAN GROUP, INC. Statement of Qualifications Real Estate Administrator CZTY OF BOYNTON BEACH RF(~ # 075-2413-01/KR PROFI'LE AND QUALI*FI'CATI'ONS Real Property Support And Advisory Services Established in 1984, and based in South Florida, The Urban Group :Inc. (TUG) has worked on real estate service s related projects throughout Florida. TUG has 32 full-time staff thirteen (13) of whom are licensed by the Florida Real Estate Commission to perform real estate related services under Florida Statures F.S. 473. Requiring State CertificaUons and meeUng State educational standards, The Urban Group Inc. is administratively and technically pre-qualified by the State of Florida to perform Right of Way services for the Department of Transportation in Major Work Groups 20.1 (Appraisal), 21.0 (Acquisition, Negotiations, Closing. and Order of Taking), 24.0 (AcquisiUon Relocation Assistance), and 25.0 (Property Management, Clearing and Leasing), The firm has a Certified Overhead Audit approved annually by the Professional Services Division of FDOT in order to qualify for State Right -of -Way work groups, In this Statement of Qualifications, we present The Urban Group Inc.'s portfolio of Real Estate related advisory support services, and professional staff who would work on the project. A Core TEAM will has been assembled to lead the Peal Estate Administration Services efforts. We propose six (6) key staff Persons, (Howard Steinholz, 3ira Nardi, Kevin Uston, Brian Gotham, .]oe Miller, ASA and Rosemary Monaco), who are very experienced in all aspects of real estate negotiations, property management, information management, and project management. These core team members are familiar with voluntary public purpose acquisition and involuntary (Condemnation) authorized government real estate projects. Our appraisal, asbestos and environmental experience will assist in both residenUal and I~usiness/commercial AcquisiUons and Disposal Services and Property Management. (Key staff experience, and their professional profiles are included with this submission). It is their project management skills that will assure the responsiveness to City of Boynton Beach staff responsible for oversight of the consultant. Our staff is experience in both voluntary and involuntary (Condemnation) authorized government real estate Projects, muCh TUG of which is directed by the strict standards and. procedures governed by the Federal Uniform Relocation Assistance and Real Property Acquisition Policies ACt (URA) of 1970. Other real experienced designations as Senior Right or way : of way Association (:[RWA), the national associaUon certifying Right- of- Way, and UPA training and experience. Core within the experience. A good portion of our real estate cons[ .rvices has been governed by the-exacting eminent domain policies of the (FDOT). Furthermore, you will see from our client list, we have worked: using these same federal standards for faith organizations, (Catholic D Community Development Corporations (NOAH, :[nc. (Urban League of Greater Miami), government se~ice ag Housing Authority, Broward County Area Agency on Aging). with other Real Summary Of Related Real Estate Experience: Similar To This Project Whether it is voluntary or involuntary real property acquisiUon, TUG personnel are familiar with negotiating contraCts to purchase properties for public purpose or public necessity projects.' Staff alsO knows the Procedures to manage, sell and Dispose of government owned real estate (REO). TUG has been the acquisition consultant to the FDOT on eleven (11) Right- of -Way contracts, and on several local option voluntary acquisition projects. The scope of work in these projects include: negotiating purchase contracts, leasing surplus property, sale of excess property, property management, preservation and protection of acquired properties, demolition and clearing, closing and settlements of acquired properties. As the Real Estate Acquisition Agent for the Town of Lauderdale-By-The-Sea, TUG seeks to negotiate the voluntary acquisiUon of land for public purposes in a "willing seller program". Acting in fiduciary as a Buyers Agent, once the Town identifies a property, a TUG Real Estate Specialist will seek to discover the interest level of the property owner to sell their properties, before disClosing whom the buying client is. Offers are made to property owners based on the independent appraised value. With the iniUation of contract negotiaUons, TUG will seek to negotiate the purchase of the property. Tf there is an .impasse;, alternate soluUons are sought in conjunction with the Town Administrator and Town Attorney, For the Broward County AviaUon Department (BCAD), TUG was the Project Manager for the County's Federally funded $127 million dollar Land AcquisiUon Program. There, TUG prepared Lease- back cOntracts on property acquired in the pr~)ject, purcl~asing several contaminated properties presented a challenge in the acquisition and negotiiation process. TUG coordinated TUG use or disclosure ~ dam contaln~ on this sheet Is subject to the re~tricUon on b"m UUe Page °f this IX°¢°~l the environmental studies and contaminated waste 'removal with County, State and Federal agencies. TUG collected over $1 million dollars in rent during the five (5) year contract term. Collected rent was deposited into a jointly held bank account, from which project operating expenses were paid. Excess funds were "swept-up" into the County's general fund account. The firm negotiated the purchase of102 parcels for St. Lucie County in a voluntary land acquisition project at the St. Lucie County !nternaUonal Airport, Because Federal funding was involved, TUG was required to perform acquisition and relocation services under the procedures the Federal Uniformed Relocation Assistance and Real Property AcquisiUon .of 1970. The Two (2) year project, was, early with 94% Voluntary settlement rate. The Urban Group's experience in URA policies would be if: funds fc to come from federal government resources, may trigger URA compliance. TUG is the sales agency for real estate acquired through forfeiture for the United States The contract scope of work involves disposal and property manager real estate throughout Florida. While government real estate assets are usually sold through brokered sales, they quite often are offered through auction, and sealed bid, ,r to receiving Property Disposal Task Orders, TUG manages the properties, which land, commercial, residenUal single-family: and multifamily, and environmentally sensitive properties, All Legal NoUces or other .,nts :are prepared by TUG. !n this contract, TUG performs as a reviewing title, clearing tiUe issues and of knowledge :attained during the acquisition process and from I real estate negotiations, all TUG real estate agents review Closing statem, ]:n recent public sale of loans, the U.S. Small Business Administration (SBA) needed appraisals of real estate that collateralized SBA loans over $500,000, As Part of the due diligence process for loan sales # 2 and #3, TUG completed 94 appraisals, over a period of five (5 months, in FlOrida, Georgia, South Carolina and North Carolina. TUG met SBA comF While TUG way works for public sector dients, we also service non-profit corporations "unds. TUG has provided a myriad of real estate related services that have funded housing, community development and right-of- by. providing the very highest level of quality assurance and control. In relationship to the City of Boynton Beach, and in particular to this project, we also have experience and qualified staff to review appraisals, and Phase ! Environmental Studies, and clc~sing facilitators to reView title and do closing research. Furthermore, As Housing and' Community Redevelopment consultants, TUG brings a clear understanding and. perspective of local real e~te markets and can research data, prepare feasibility studies and analyze real estate. TUG Property Management TUG prol activities have ranged from demolition supervisory services, to inventorying to leasing and rent collection. At the Land Acquisition Program for the Broward County Aviation De managed four (4) mobile home I~arks mobile homes, prior owners became TUG duri~ the County All p had the option was : relocal~ed. ' commercial from real COl ~:ral funds used and. Ready to ShoW debris back their property until replacement housing all resid~ initiated ;.General Fund and · for the U.'S I IUD id of Developing Ii grounds care, a ns, Kevin Uston will be assigned as the project's Title and Closing Fadlitator. As the Project · for the United States Marshals Service (USMS) Forfeited Real Estate Asset Disposal he works closely with~ U.S. attorneys, closing ~ and private closings. Eady in the process~ title , Mr. Uston will access the Palm Beach County sers on :[RS tax exempt status ;on subject properties are owned. He Will attend all closings. (Past and Prior Working in the government arena, TUG understands the special nature of its relatiOnship with it clients. As custodians of proprietary and public documents, files will be prepared and TUG handled in a secure setting for transfer to the City at a ~designated time, or at the end of the project. TUG real estate files will be stored for five years. All requests for information by the public will be forwarded to the City and TUG release no proprietary information without approval by the City. in the case of acquisition, when notice is given to make offers on properties~ TUG staff will disclose that they are single agents for the City (Buyer). Background checks were ;completed on all staff and vendors. TUG has always sought to avoid any perception of a Conflict of Interest. When TUG discovered a subcontractor placed a purchase ~:ontract on usMs property, TUG reported this to USMS, and the sale was cancelled. This eliminated any question of impropriety in the transaction. l:n governmental proje~, (and the United States Marshals.Service contact is a good example), alter several government audits by. USMS Tnspector General'S office, the project had no findings. ~[n USMS contacts all rental income statements balanced without ever a discrepancy. TUG paid invoices for USMS using a jointly held account, and sweep funds at the end of the each month. The IG found accounts complete and balanced. Compliance' with Deliverables: TUG meets contact requirements and "Does What it says". TUG has met all road certification dates for all parcels on all FDOT contracts. The Florida Turnpike Acquisition project was certified two months early. In the St. Lucie COunty Ridgehaven Land Acquisition project, all 102 voluntary acquisition notices Were delivered and households interviewed within sixty (60) days of notice, to proceed. For instance in USMS contracts, closing proceeds are always delivered the next business day to USMS office. At least one inspection completed per month per property, 100% of the Ume. 100% of all MIS listings installed within five calendar days inclusive of ali property informaUon. MarkeUng and Management plans delivered within five days of Disposal Task Order, 100% of the time. Ustings on web page by next business day. Earnest Money deposits' and rent collections placed into Escrow Account by the second banking day, 100 % of time. Invoice .delivered by tenth of the month. Activity Log entered on all contacts relaUng to property management and real estate sales. Emergencies handled within twenty-four hours. Knowledge Palm Beach County Real Estate TUG is negotiating, selling and doing comparative market analysis of real estate for several projects in palm Beach! County, which has relevance to this Real Estate Administrator project for the City of Boynton Beach. Profiles of these projects are also included in this response. TUG is an associate member of the West Palm Beach Board of Realtors and can access the Multiple Listing Service (MIS), and subscribes to First American Real Estate Solutions, Data Base Service. TUG TUG staff is currently conducting negotiaUons of right of way on commercial, residential, and industrial (improved and unimproved) on over 400 parcels in Palm Beach County. And TUG Worth on Dixie HighWay and on Southern Boulevard in ur 3eaCh). NegotiaUons of parcels are always initiated .with ( sals. As devel~ comprising( for the Catholi the Diocese in p~ec~ FDOT acquisitions included: purchase, of a variety of types of real estate in Palm Beach County. These include: Utility easements Aviation easements Drainage easements Landscape easements Industrial improved (with demolition and without demolition Industrial unimproved (with demolition and without demolition) Commercial improved (with demolition and without demolition) Commercial unimproved Residential improved (with demolition and without demolition Residential unimproved Mobile Homes (with demolition and without demolition) Real Estate Transaction Problem Solving Znnovations. Examples: CLOSING PROBLEM. Upon review of Forfeiture and Seizure documents, subject property was shown by address oniy. Without a legal descdpUon, no Utle insurance would be issued. NI Subject documents showed the property address. Amending Final Order of Forfeiture would be difficult. SOLUTION: TUG was able to prepare and get an executed Deed from the defendant, who was in Federal Prison. 'PJG staff spoke to the Prisoner Warden and sent him the Deed with instructions. He got the Deed signed, witnessed, and notarized. USMS was able to clear title and close. CLOSING pROBLEM: Several years before the Forfeiture, a prior Deed in the chain of title omitted the block number of the subdivision. Florida law'requires that recorded documents show the name of the person who prepared the document. TUG SOLU'P. ON: TUG located the attorney who prepared the defective deed and secured a Scriveners Affidavit setting forth that it was an error leaving out the block number and reflected the correct legal description. This cleared the title and the government was able to close. [nsurance and Risk Management TUG maintains a Specialty Professional Liability Policy covered by TUDOR INSURANCE COMPANY, with a $250,000 limit of liability coverage. General Liability aggregate of $2,000,000, and Workers Compensations aggregate of $1,500,000, and Automobile Liability for $1,000,000, is covered by Liberty Mutual. Employees of The Urban Group, have security access authorizations for the Florida Department of Transportation, and US Department of HUD, databases. As is the nature of our Real Estate consultant contracts with the Federal Government, employees have background checks. All TUG employees working in' the field are required to wear company Identification Badges. The Urban Group institutes a Drug Free employment policy, which tests employees for substance abuse. Our insurance policies will show the City of Boynton Beach as additional certificate holder. Tncluded in this RFQ are: RecommendaUon letters, performance ratings and other addiUonal TnformaUon, (Supplemental TnformaUon, Exhibit TTT). TUG Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM C.1 Date Final Form Must be Turned m to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report RECOMMENDATION: To release cash bond of $13,612.50 to Shapiro & Adams, P.A. EXPLANATION: [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation On December 7, 1999, the Building Division sent to the Finance Departmem a cash bond for $13,612.50, for the completion of the permitted work at the Riverwalk Plaza (1608 South Federal Highway). The work has been completed and the final Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: No~ Departh~n~ ~iea~16 S~g~tux~ ~' Department Name City Manager's Signature f '- City Att~y"~F'n~ance / Human Resources SABULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RO 1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND TO SHAPIRO & ADAMS, P.A., IN THE AMOUNT OF $13,612.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project previously posted a cash bond in the amount of $13,612.00 for the construction of a wall at Riverwalk Plaza; and WHEREAS, all inspections have been successfully completed and a Certificate of Occupancy has been issued; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $13,612.00, to Shapiro & Adams, P.A. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk s:caXReso\Letter of Credit/Cash Bond Release - Shapiro & Adams Commissioner DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-169 TO: FROM: DATE: RE: Dfane Reese, Finance Director Johnson, Building Official ~ Don August 7, 2001 RETURN OF CASH BOND - RIVERWALK PLAZA JOINT VENTURE 1608 SOUTH FEDERAL HIGHWAY · On December 7, 1999, we sent you a memo (copy attached) regarding a cash bond of $13,612.50 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to Shapiro & Adams, P.A. Attached is a Direct Payment Requisition. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Permit file # 964225 Daniel M. Feinste~verwalk Plaza Joint Venture; 7860 Peters Rd., Suite F111; Plantation, FL 33324 Shapiro & Adams, P.A.; 2401 PGA Blvd., Suite 272; Palm Beach Gardens, FL 33410 J:~SHRDATA\Dev¢lopmentXBuilding Div~Documcnts~4emos in WordXReturn of Cash Bond-Riverwalk Plaza JV.doc DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH SC RE IN BUILDING DIV. Please issue a check in the amount of $ 13,612.50 To: Shapiro & Adams, P.A. 2401 PGA Blvd. Suite 272 Palm Beach Gardens, FL 33410 For: Return of cash bond for the completion of permitted work at Riverwalk Plaza Joint Venture The final C.O. has been issued. Requested by Department of Development Date August 8, 2001 Approvals: Section Admin.'Don't' / ~~'Jo~ o~n / Finance Dept. City Manager 001 0000 220 99 00 13,612.50 13,612.50 rs Attachments/copies of memo #'s 01-169 and 99-295 S:\Development~Building Div\Documents~121 Forms\Cash Bond Retum-River~lk Plaza JV.doc Riverwalk Plaza Joint Ventu re 7860 Peters Rd. Suite #FI ] 1 Plantation, FL. 33324 Phone: (954) 370-7788 Fax: (954) 370-9771 Jffiy 31,2001 Don Johnson City of Boynton Beach Building Official 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 RE: Rivet'walk Plaza Joint Venture Via Fax Dear Mr. Johnson: Attached please find the permit list generated by your office today (July 31,2001), as you wilI notice there are no open permits perta/ning to Riverwalk Plaza Joint Venture If this list is correct,, we are requesting the release of our bond and the issuing of a permanent CO to Walgreen's. Should you have any questions, please don't hesitate to contact me at (954) 370-7788. Cc: Rob Levy S. Martin Sadkin Michael Haag DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 99-295 TO: FROM: DATE: RE: Diane Reese, Finance Director Don Johnson, Building Official December 7, 1999 CASH BOND - RIVERWALK PLAZA Attached is a check in the amount of $13,612.50 as a cash bond for the construction of a wall at Riverwalk Plaza. We are also attaching letters from S. Martin Sadkin of Riverwalk Plaza and Jonathan T. Ricketts, P.E. Subsequent to either a variance approval by June 2000 or the completion of the wall within 90 days thereafter, the bond will be returned to Shapiro & Adams, P.A. DJ:bg Attachments XC: S. Martin Sadkin, Riverwalk Plaza J.V., 7890 Peters Rd., Ste. G-105, Plantation, FL 33324 Permit file #96-4225 S:\DevelopmentkBuilding Div\DocumentsWlemos in Word\Cash Bond-Riverwalk.doc SHAPIRO & ADAMS, P.A. IOTA ACCOUNT 2401 PGA BLVD, SUITE 272 PALM BEACH GARDENS, FL 33410 PH. (561) 691-0059 ~IRTEEN THOUSAND SIX HUNDRED TWELVE and .50/100. -HE CITY OF BOYNTON BEACH ~: Riverwalk Plaza/Cash Bond/Wall ,'00;i.P.?h,' ~:~r.?0qOF=],?~: REPUBUC SECURITY BANK WEST PALM BEACH, FLORIDA 33409 63-9061-2670 1874 DATE AMOUNT 11/30/99 $13,612.50 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7,2001 July 18, 2001 (5:00p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21,2001 [] September 4, 2001 NATURE OF AGENDA ITEM August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00~W.) [] Administrative [] Development Plans [] Consem Agenda ~ New Bus.ess ~ ~blic Hear~g ~ Legal ~ Bi~ ~ U~shedB~ess ~ A~o~cemem ~ Presentation ~ CiW Manager's Repo~ RECOMMENDATION: Motion to authorize the Mayor to execute an agreement between the City of Boynton Beach and the Florida Department of Transportation Highway Safety Plan, to continue funding 50% of one (1) police officer salary for DUI Enforcement. EXPLANATION: DOT is willing to continue funding of one DUI officer for budget year 2001-2002, PROGRAM IMPACT: With this funding we have one officer dedicated to DUI enforcement. Without this funding the City will have to fund this position entirely. FISCAL IMPACT: DOT funding $ 29,342 City funding 001-2110-521-91-46 $ 29,042 Total Funding $ 58,384 ALTERNATIVES: Department Head's Signature ~City Manager s Signa e Police Department Name City Attome~/~Fm~ce-/Human Resources S:XBULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ACCEPT CUTE TH E FLORI DA DEPARTMENT OF GRANT, I FOR A DL PROVIDI 'IVE DATE.: WHEREAS, the City has been awarded a Highway Safety Plan in the personnel services for the Beach Police Department applied for and of Transportation , which will provide for 50 percent of oynton Beach DUI Enforcement Officer, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to accept and execute the grant in the amount of $29,342 from the Fl°rid~ Department of Transportation Highway Safety Plan. A copy of the agreement is attached hereto as Exhibit "A." Section 2. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk Commissioner STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGR~NT APPLICATION FOR. HIOHWAY SAFE'Iht FUNDS 500-065-01 SAFETY OGC - 07/0 For D. O. T. Use Only Project Number: Federal Funds Allocated: Subgrant Period: [3OT Contract Number: Date Approved: Date Revised: (2) (3) I: GENERAL ADMINISTRATIVE INFORMATION (See nstructions for Highway Safety Subgrant Applications) Project Title: City of Boynton Beach - DUI Enforcement Specialist !. Type of Application: O Initial Requested Sabgrant Period: 10/1/2001 (~) Continuation to 9/30!2002 Support Sought: $29,342 Matching Share: $29,042 Total Budget: $58,384 5. Applicant Agency (Subgrantee): City of Boynton Beach Mayor Broening 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 TelePhone: (561) 742-6000 7. Federal ID Number: 6. Implementing Agency: City of Boynton Beach Police Department Marshall B. Gage, Chief of Police 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 Telephone: (561) 742-6100 8. State SAMAS Number (State Agencies) 596000282005 9. Chief Financial Officer: Diane Reese City ofBoynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, F1.33435 Telephone Number: Fax Number: (561)742-6000 (561) 742-6316 E-Mail Address: 10. Project Director: Lt. Leonard Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 Telephone Number: Fax Number: (561)742-6100 (561)742-6185 E-Mail Address: Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.600, State and Community Highway Safety Program, through the Florida Department of Transportation. 1 500-065-01 Part I1: PROJECT PLAN AND SUPPORTING DATA SA~EW OGC - 07/0 State clearly and in detail the aims of the project, precisely what will be done; who will be involved, and what is expected Io result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation ~5., Milestones (Use form provided) Start below an d use additional pages as necessary. The City of Boynton Beach is located in the southern portion of Palm Beach County along State Road 9 (I-95) The city has an estimated population of over 50,000 people in a county of over one million people At this time With 136 plus sworn 0fficers serving the city, we find ourselves in a continuous state of groth and expans on With growth and change comes the everlasting need for specialtyunits as DUI Enforcement. While currently being participants in the State of Florida's Department of Transportation Project Number J8-01-06-29-01 we find that we are always in need of funding to help us maintain suppression of DUI-related crashes in the City of Boyntoni Beach. (Refer to chart below for DUI-related crashes.) With the increase in the number of DUI related crashes, we have found that our need to continue to educate our officers and maintain upgraded and operating equ pment is cOntinuOusly On the rise. ALCOHOL RELATED CRASHES Category/Year 1997 1998 1999 2000 TOTAL # DUI Crashes 93 61 56 44 254 Proposed Solution The City of Boynton Beach Police Department created a one-man DUI unit to combat the alcohol related crash problem that has been identified in the city. The officer received special training in the detection of and apprehension of impaired drivers, and was furnished with a car radar, laser and in-car video unit. The officer is assigned to work primarily during the evening shift. The patrol areas are identified by area of high alcohol related crash occurrence. The officer made a total of 108 DUI arrests during the 2000 grant period in these areas. Additionally, the officer, Officer Perry, was :recognizes by MADD at an award ceremony in Tallahassee on March 26, 2001 for her contribution in removing over 100 drunk drivers from the Florida's roadways. The department plans to conduct public awareness programs to make the citizens of Boynton Beach more:aware of the DUI problem in the city. Presentations will be made to businesses and civic groups, student assemblies and retirees. The officer on the DUI Unit may be assigned to participate in planned public awareness activities. The Boynton Beach Police Department will conduct DUI Checkpoint in November, January, April, July and September. The officer will also participate in DUI Wolf Packs and DUI Checkpoints hosted by agencies throughout Palm Beach County. 2 500-065-01 SAFETY OGC - 07/0 Objectives 1. To arrest at least 100 impared drivers in 2002. 2. To conduct at least 5 public awareness programs. 3. To reduce the number of alcohol-related crashes recorded in Boynton Beach by 25% during 2001-2002. Evaluation The Boynton Beach Police Department will evaluate the overall success of the project based on a comparison of alcohol-related crash data reported by the Department of Highway Safety and Motor Vehicles. Location data will be used to evaluate the project effectiveness. '1 500-065-0~ SAFETY OGC - 07/0 Timetable for Milestones --Milestones ~s~ Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR ApR MAY JUN JUL AUGI SEP mpement ncreased DUI Enforcement X X X X X: ,X X X X X X X Conduct Checkpoints X X X X X Send Officer to DUI training X X Conduct public awareness activities X X X X X r 500-065-01 Pa~ II1: PROJEC~iDET~IL BUDGET SA~-rY OGC - 07/0 -Project Title: City of Boynton Beach - DUI Enforcement Specialist Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL I NON-FEDERAL FUNDING ' STATE LOCAL A. Personnel Services Salary for one officer $ 43,004 $ 21,502 $ 21,502 Benefits for one officer $15,080 $ 7,540 $ 7,540. Sub-total $ 58,084 $ 29,042 $ 29,042 B. Contractual Services Sub-total .C. Expenses Travel to DUI Symposium $ 300 $ 300! Sub-total $ 300 $ 300 D. Operating Capital Outlay Sub-total E. Indirect Cost Sub-total ITotal Cost of $ 58,384 $ 29,342 $ 29,042 Project Budget Modification Number: Effective Date: BUDGET NARRATIVE 500-065-01 SAFETY OGC - 07/0 Project Title: City of Boynton Beach - DUI Enforcement Specialist 'roject Number: Contract Number: The following is a narrative description of the project budget by line item by category; detail ng the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Personnel Services $29,042 Cost to be reimbursed in this catagory include 50% of the base salary and benefits for one officer along with 100 hours of court overtime. Benefits include retirement, FICA, dental,health and life insurance, and worker's compensation. Expenses Cost to be reimbursed with Federal funds in this catagory include travel to a DUI related class. $ 300 Budget Modification Number: Effective Date: Part IV: REPORTS 500-065-01 SAFETY OGC - 07/0 Quarterly Progress Report Narrative for the Project Title: City of Boynton Beach - DUI Enforcement Specialist quarter. Project Number: Implementing Agency.' City of Boynton Beach Police Department )irector: Lt. Leonard subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos ms that document activities. Use additional sheets, if necessary. The Quarterly Pro,Tress Report of ~erforrnance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of quarter: QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SAFETY OGC - 07/0 Project Title: City of Boynton Beach - DUI Enforcement Specia st Project Number: AgenCY: City of Boynton Beach Police Department Implementing Project DireCtor: Lt. Leonard Milestones Acomplished Performance Indicators Quarter Quarter Sx Month Quarter I 'Quarter Ending Ending , "":'. End ng i Ending P_..ro. je. ct December 31 March 31 /o[a s , June 30 September 30 !°[a~s Final Narrati~ve Report~ 500-065-.01 SAFETY OGC - 07/0 Project Title: City of Boynton Beach - DUI Enforcement Specialist Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: L:t. Leonard following is a ChronologiCal narratiVe history of the:above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, l. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 500-065.-01 SAFETY Part V: Acceptance And Agreement 07,°4 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following term s and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of costs. 1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. ' shall iml~ ency unpaid if the required reports:are 2. :Responsibility: ofSubgrantee; The subgrantee and its implementing agency Shall establish fiscal control and fund accounting: procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All momes spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Hig her Education, Hospitals, and Other Non,Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; O:MB circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, LoCal, and Indian Tribal Government; and/or OMB CircUlar A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter refe fred to as Applicable Federal Law). The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(b), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY T1NO for a period of 36 months from the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatorY vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor,/~, by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant'~ .... or contractor agreement. 10 500-065-01 SAFETY 07/01 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel .costs for approved travel shall be reimbursed in accordance with regulations applicable to the mp ementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-soecified work area: shall require written approval of the State Safety Office prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State I rooms with rates exceeding $100 per day that are to be reimbursed. subgrantee or implementing agency shall obtain prior written approval Office for changes tothe agreement. For example: (a) Changes in project: activities, object yes, mi estones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be sUbjeC~ t° the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), the subgrantee shall not be reimbursed for the cost I Se ' received from contractors, consultants, vendors, or individuals suspended, debarred, or from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purcha 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9, a project has not commenced within 30 days after the acceptance of the ~its implementing agency shall report by letter the steps taken to initiate the proj delay, and the expected starting date. f, after 60 days from the acceptance of the award, 1 has not begun, a further statement of implementation delay will be submitted rating agency to the State Safety Office. T~e Subgrantee agrees that if the statement, is not rece vedin 60 days, the State Safety Office may cancel the project and reobligate the funds to other pr ~tate: Safety Office, where warranted by excusable del ay, may extend the the project past the 60-day period, but only by formal written approval from the State im Safety Office. 10. (a) wh by Such in SM fai con' Oth ~elays. the defau Its of subgrantee's or implementing agency's consultants and contractors ited to the subgrantee, the subgrantee and its implementing agency shall not be in default ilure in performance of this agreement in accordance with its terms if Such failure arises out ~ fault or negligence of the subgrantee or its implementing agency. mayl include, but are not restricted to, acts of God orof the public enemy, acts of the Govemment n or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight lusually severe weather, but in every case the failure to perform must be beyond the control lit or negligence of the subgrantee. If the failure to perform is caused by the failure of the agency's consultant or contractor to perform or make progress, and if such beyond the control of the subgrantee, its implementing agency and its consultant or fault or negligence of any of them, the subgrantee shall not be deemed to be in the supplies or services to be furnished by the consultant or contractor were obtainable from the .State Safety Office shall have ordered the subgrantee or its implementing agency in and (3) the subgrantee or its implementing have failed to:comply reasonably with such order. 11 500-065-01 SAFETY 07/01 (b) Upon request of the sUbgrantee or its implementing agency, the" State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined thai any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Sul Jnds. may not be obli. subs da' incurred er. SucI wh cie or in part. such~ In such an event, ch sanctio ;ncy, Dy the the )priate. agency of ~ for and shall have access for the purpose of subg[antee and ts, mP ement ng agen agency, and its consultants and contractors under this In addition to review by its i the I im ~ment, as provided u -'HWA), ;ntatives, )f the )lementing and ate by r its the Th, all( F.S., and made or received by the subgrantee or its implementing agency' in 14. Audit. defined in lar A-I." mu.c Depar the De accordance~ conducted by the Auditor General tee aud ~ses to 31e if the subgrantee is a State or local government or a non-profit organization as ,000 or more in , as revised. subgrantee ircular A-133, Florida its fiscal year, in r~ ac will meet the B Circulal the requirements relative 12 500-06,%01 SAFETY 07101 If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d),. OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Flodda Department of Transportation 605 SuWannee Street, MS-17 Tallahassee, FL 32399-0450 (b) 'inghouse Bureau: Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB CircUlar A-133, as revised. 15. RetentiOn of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of thiS agreement for a period of three years from the date the audit report is issued, and shall allow the Department: or its designee access to such records upon request. The subgrantee shall ensure that audit working papers are made available to the Department or its designee upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dis solved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 Section 19.53. 16. ~ for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms p! f the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive ,ported costs must accompany each claim. The su[ or its implementing agency shall submit financial reimbursement forms to the Safety Office at uarter as costs are incurred and payment is made. The only exception is when no costs are incurred Reimbursement for subgrants with personnel costs should be made after every two pay I~ ; to submit reimbursement requests in a timely manner may result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not received within 30 days of the end of the subgrant pedod. 17. Ownership of Data and Creative Material, The ownership of material, discoveries, inventions and results developed, produced, or discovered by the ag reement are governed 'by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110. 13 500-065-01 SAFETY 07/01 In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reprOduce, publish or otherWise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property AccountabilitY. The subg . ,r a system to control, protect, preserve, use, and maintain and disp roperty furn .' ~artment, or purchased pursuant to this agreement in accordance with Federal Property I forth in 49 CFR, Section 1:8.32, 49 CFR 19, Section 19.34, or OMB Ci long as the property is retained by the subgrantee or its iml of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the ~all be decided by the State Safety Office in writing and shall be distributed to parties concerned, fin 30 calendar days to the Governor's Highway Safety Representative at the FI portation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose deci rantee and its imPlementing agency Shall proceed diligently With the performance Of the ag~ lance with Department's decision. 20. Co )ection of Work. Conferences may be held at the re( Io this agreement.' partment or the U.S. Department of Transportation , shall be ed to visit the Site for the purpose of inspection and assessment of wOrk bE t time. 21, Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports requiredunder the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review~and-concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S.: Department of Transportation a nd/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of TransportatiOn, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Govemment. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss Of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 14 500-065-01 SAFETY 07101 The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national ongin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take. all necessary and reasonable steps und ~_6 to ensure nondiscrimination in the award and administration of USDOT-assisted co~ :The subgrantee's DBE program, as required by 49 CFR, Part 26 and as approved: by USDOT, is incorporated by reference in this agreement. Implementation of this program is a 'ry ( ~t its terms shall be treated as a violation of this agreement. Upon out its approved program, the USDOT may impose d may, in appropriate cases, refer the matter for enforcement under 1 'aud Civil Remedies ACt of 1986 (31 U.S.C. 3801 et seq.). ; implementing agency agree to include the following assurance in each contract itractOr and to require the consultant or contractor t° include this assurance in all ~reements: The ( : or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, co!or~ national origin, or sex in the performance of this contract. The consultant or contractor shall carry out appliCable reauirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted or contractor to carry out these requirements is a matedal breach of result in the termination of this contract or such other remedy, as the subgrantee, its im plementin! or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of certification No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27'. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency and its logo can appear on pdnted materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for rewew. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with iFederal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subg rant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant pedod shall not exceed 12 months. 15 new subgrant being! awarded. 500-065-01 SAFETY 07/01 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant, awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under ;ment. for a created inthe ag. a result of the or or in part and all claims subgrantee safety funds the on behalf of the being used by rep( SMI 33. ibed in this at ~nds that is ~ment ~artment Jture fum g reasons: -(a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required timeframe, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be attached to the subgrant application. 36. Safety Belt Enforcement. All taw enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equ pment costing more than' $500 per item shall send a letter to the Safety Office upon award of the subgrant ~ertifying that none of the items being purchased with federal highway safety funds is replacing previously Urchased equipment whether the equipment was purChased w th federa, state, or ocal funds 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter t° its Quarterly Progress Report', of Performance Indicators. This requirement applies to all law enforcement agencies, regardless of the program area for Which they are being funded. 16 500-065-01 SAFETY OGC - 0710'1 39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 17 on the day, month, and year set out below. (For DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT NUMBER: oGc-0?/o IN WITNErSS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth n Part V of this Agreement, that each have read and understand the Agreement in its entiretY. Now, therefore, in consideration of the mutual covenants, promises and re presentations herein have executed this Agreement by the r undersigned officials SUBGRANTEE City of Boynton Beach Name of Applicant Agency Typed By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED Reviewed for the Department of Transportation: By: Attorney- DOT Date: By: Signature of Authorized Representative Gerald Broening Authorized Representative's Name Typed Title: Mayor Date: Attest: Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY Signature of Administrator Marshall B. Gage Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page, 500-065-01 SAFETY 18 Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 CITY OF BO NTON BEACH AGENDA ITEM QUEsT FOg Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p,m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM C.3 Date Final Form Must be Turned in to Cit~ Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 200t (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize the Mayor to sign up to fourteen (14) Agreemen~ fo~ Water Service Outside of the City Limits for the properties on Tucks Road, after review by City Staff and-tl~e Attorney for completeness. EXPLANATION: Tucks Road lies outside of the City Limits, but is within the City's utilities service area. Palm Beach County has installed water and sewer improvements along Tucks Road in order to facilitate connection of the existing residences to the City's water and sewer systems. On May 15, 2001 the City Commission approved an agreement allowing the County to pay the Capital Facilities Charges and connection fees for the 14 residences on Tucks Road, if those residence owners so desired and made timely application for service. To expedite the connections and meet the deadline established by the County, we are requesting pre-approval of the Water Service Agreements for the properties shown on the attached assessment list furnished by the County, thereby eliminating a minimum 3-week delay for the scheduling of agenda items. The County will assess the properties shown on the attached list and their corresponding owners the appropriate fees paid on their behalf by the County to the City and will also assess the fair-share cost of the improvements made by the County. The property owners will repay these assessments to the County over a 20-year period. Two Water Service Agreements, one from Marie Combs and one from Michael and Sheila Conway, are attached for immediate signature. The remaining agreements must be submitted by October 5, 2001 in order to qualify for payment by the County. PROGRAM IMPACT: None FISCAL IMPACT: None. The City will receive ali of its Capital Facilities Charges and Connection Fees from either the property owners, or the County, in the immediate future. ALTERNATIVES: Do not approve these agreements in advance, and require each one to be approved separately, which will cause a delay in connection. S:\BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head s Signature City Manager's Signature Utilities Dept. Department Name ity ~y / Finance ?-Human Resources Attachments XC: Peter Mazzella (w/copy of attachments) Michael Rumpf, Planning Director" City Attorney " File " S:\BULLETINWORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE C1TY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE FOURTEEN (14) AGREEMENTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION FOR THE PROPERTIES ON TUCKS ROAD, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located in an unincorporated area; and WHEREAS, Palm Beach County has installed water and sewer improvements along Tucks Road in order to facilitate connection of the existing residences to the City's water and sewer systems; and WHEREAS, on May 15, 2001, the City Commission approved an agreement allowing the County to pay the Capital Facilities Charges and connection fees fi'o the 14 residences on Tucks Road, if those residence owners so desired and made timely application for service; and WHEREAS, to expedite the connections and meet the deadline established by the County, staff is requesting pre-approval of the Water Service Agreements for the properties, thereby eliminating a minimum 3-week delay for the scheduling of agenda items; NOW~ TItEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute fourteen Water Service Agreements (see attached list) for the properties on Tucks Road, subject to review and approval of the City Attorney. Section 2, This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk CaXreso~agreements\WaterSer-Tucks Road Properties - 14 http-J/www.co.palm-beach.fl.us/paps/addr...TUCKS&SUFFIX~RD&POST_ DIR=&submit 1 =Search Palm Beach County Property Appraiser Public Access System GAR YP. NIKOLITS, CFA Rows 1 to 14 displayed.. Click on row to see more information Owner Name COMBS MARIE CONWAY MICHAEL S & DENNIS PATRICIA A GRRENSPACE DESIGN ASSOC INC HARTNETT PHILLIP T & CHERYL F IVY JOHN A & PATRICIA C IERNIGAN W & CATHERINE KHAN MOHAMMED LITON & LANDIS GEORGE K MIZE WILLIAM G & BEVERLY H ORRICO BRENDA & ROBINSON PATRICK S & SHARON R SOUTHERN BELL TEL & TEL CO THYNG A LINCOLN & SUSAN E Situs Address 3942 TUCKS RD 3882 TUCKS RD 3859 TUCKS RD 3855 TUCKS RD 3844 TUCKS RD 3921 TUCKS RD 3902 TUCKS RD 3961 TUCKS RD 3901 TUCKS RD 3941 TUCKS RD 3922 TUCKS RD 3878 TUCKS RD TUCKS RD 3881 TUCKS RD Parcel Control Number 00.43-45-18-00-000-7190 00.43.45-18-00-000-7210 00-43 -45 - 18 -00-000-7250 00.43.45-18-00-000-7180 00-43.45-18:00-000-7200 00.43 -45 - 18-00-000-7161 00.43 .45 - 18 -00-000-7220 004345-18-00-000-7230 00-43-45-18-00-000-7140 00.4345-18-00-000-7170 00.43-45-18-00-000-7192 00.43-45-18-00-000-7150 00.43 45 - 18-00-000-7191 004345-18-00-000-725 t Please send comments to: vrovav~o, valm-beach, tT. us> Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved ~/15/01 3:01 Pl~ RESOLUTION R 01- I ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY ON BEHALF OF THE OF TUCKS ROAD SO ELECTING; AN EFFECTIVE DATE. WHEREAS, Palm Beach County is planning to install water and wastewater lines along TuCks Road, Which lies within the City's utility service area, in order to provide water and wastewater service to its residents; and WHEREAS, as an incentive for residents to utilize these improvements, the County is willing to pay the required fees to the City and amortize the costs to the residents over a twenty-year period; and WHEREAS, approval of this Agreement will expedite payment of the required fees to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Agreement with Palm Beach County; copy of said Agreement being attached h~'eto as composite Exhibit "A". Section 2. This Resolution will become effective immediately upon PASSED AND ADOPTED this t~' day of May, 2001 CITY OF~BOYNTON BF~CH, FLORIDA / ,; , ?' ce Mayor Commissioner Commissioner Clerk Commissioner AGREEMENT BETWEEN THE CIT~ OF BOTRTON BEACH AND PALM BEACH COUNT~, FLORIDA PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY ONBEHALF OFT HOSE RESIDENTS OF TUCKS ~OAD SO ELECTING R 2 0 0 ! · I 0 0 THIS AGREEMENT, made and ent~ea into this day of , 2001~ by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, hereinafter called and referred to as the -COUNTX" and the CITY OF BOYNTON BEACH, a municipality in the State of Florida, hereinafter called and referred to as the "CITY". WITNE S SETH 'WHEREAS, the CITY and the COUNTY are authorized to enter into this agreement pursuant to Section 163.01, Florida Statutes, as~ amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the COUNTY has caused to be constructed water and sewer facilities on Tucks Road which is in the Boynton Beach utilities service area; and WHEREAS, upon completion of construction, the water and sewer facilities will become the property of, and will be operated and maintained by the "CITY"; and W~P~AS, the "CITY" collects connection fees and a capital facilities charge to cover the cost of existing or additional water and sewer treatment facilities from residents as they connect to the water and sewer facilities; and WHEP~9, the .CITY" requires that each resident enter into a Water Service Agreement with the "CITY"; and WHEREAS, said connection fees and capital facilities charges can impose a hardship and remove any incentive to voluntarily connect to the water and sewer facilities; and WHEREAS, the "COUNTY" is willing to satisfy the connection fees and capital facilities charges for those residents of Tucks Road who so desire, and allow them to pay the "COUNTY" back over a twenty year period through the assessment process. NOW, THEREFOP~, AND IN CONSIDERATION OF T~ huxuAL COVENANTS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT A~REE AS FOLLOWS: 1. The recitals set forth above are hereby adopted and incorporated in this Agreement. 2. The "COUNTY" agrees to= A. Upon completion of the water and sewer facilities, notify the residents of Tucks Road that they have a limited time period in which they can enter into a water service agreement with the "CITY" in order to take advantage of the ,COUNTY" paying their connection fees and capital facility charges. B.Provide the "CITY" with a list of property owners on Tucks Road. C. Upon receipt of a list from the "CITY" showing the name, address, and individual connection fees and capital facility charges for each property owner on Tucks Road who have taken advantage of this arrangement along with an invoice for the total charges, pay to the "CITY" the full amount shown on the invoice. The ,'CITY" agrees to: A. Allow those property owners on Tucks Road electing to have the "COUNTY" pay their connection fees and facilities charges to execute a Water Service Agreement and immediately connect to the water and sewer system. B. Prepare a list of those property owners on Tucks Road taking advantage of this Agreement and f~rward it along with an invoice for the total fees and charges to the .COUNTY". This Agreement shall be executed in triplicate and the .COUNTY" shall retain two (2) and the "CITY" shall retain one/ (1) copy. All shall be considered an original. Any and all notice required or permitted to be given here under shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to the "CITY" shall be sent to: The City of Boynton Beach 124 S.E. 15th Avenue Boynton Beach, Florida 33435 ATTENTION: John A. Guidry, Director of utilities Ail notices to the .COUNTY" shall be sent to: ~eorge T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATT~FTION: Engineering Services Division 6. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties hereto and supersedes all prior understandings, if any. There are no other oral or written promises, conditions, representatives, understandings or terms of any kind as conditions of inducement to the execution hereof and none have been relied upon by either party. Any subsequent conditions, representatives, warranties or agreements shall not be valid and binding upon the parties unless they are in writing and signed by both parties and executed in the same manner as this Agreement. 7. SEVERABILITY: In the event any term or provision of this Agreement shall be held invalid, such invalid term or provision hereof and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law as if such invalid term or provision had never been a part of this Agreement. 8. EFFECTIV~DAT~: This Agreement shall become effective upon its execution by the ,COUNTY" and the "CITY". 9. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10. This Agreement shall be recorded in the public records of Palm Beach County pursuant to Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the County of Palm Beach, Florida, has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the "CITY' has caused this Agreement to be signed in its name by its Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written. CITY OF BOYNTON BEACH MAYOR Ronald R. Weiland,Vice Mayor PALM BEACH COUNTY, FLORIDA, CHAI~, BOARD OF CO~ COMMISSIONERS ][~L ! ! ~ R200 ! lo$ APPROVED AS FOR FORM AND LEGAL ~ By: ~CfTY ATTO~F> APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ COUNTY A-~T6RNEY APPrOVeD AS TO TEKMS AND ¢0NDITION$: THIS INSTRUMENT PREPARED BY: dames A. Cherof. Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~<~ ~ / and between '--)q/~¢_.~ ~] ~~o_~'~ day of ~ , 20 , by hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the rea property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are/~,/' Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All Such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed the Customer will also advance such additional funds as may be necessary to pay the total actual costs inourred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent ts granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations Of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and inCluding the metered serwce to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth here~n. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees;- he rs. or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination ~n water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God. accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WlTNES,S WHEREOF, the parties hereto have set their hands and seals this ._2 ,( ¢'day of ~.4.~<~.,~ ~'- ,200_/. WITNESS: INDIVIDUAL(S) AS OWNER(S): (As to ow't~r) { ' (Pdnt name) (As to owner) (As to owner) (Print name) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County~aforesaid to take acknowledgments, personally appeared /'3'3 /.z ,g,_ ~ ' <¢:' (./~/-~ ~ ~' to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: --WITNESS m.,y hand and official se I in the County and State last aforesaid this ..D-~~'--.. day of //-'/~ ~'~ a, 200_../ ~ , (Notary Seal) /"/o. ~,.~ Notary Public .. ~NC. WITNESS: CITY OF BOYNTON BEACH FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A, 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA cou ,¥ o. I/We, ~ ~ ~ l' ~ C'~c~:,,~ ,~ ~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA. true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON FLORIDA, shall commence and be in full force and effect on ~A/~]~7'- , 20~I and the powers and authority shall Grantee. BEACH, the ~2~ ~ day of be irrevocable by IN WITNESS WHEREOF. we have hereunto set our hands and seals the day of '/¢~ ~u ~z 5Y , in the year two thousand~ nd~ ~,~ ¢, Sealed and delivered in the presence of 'Witnes.¢ Print name Witness Print name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknow!edged ~efore me this of ~z~ ~z~'Y- , 20,¢V , by ~ ~/~ ~ ~ ~ and who are known to me or who have produced ~/~/~]~ ~//::z.s /,'¢~, as identification and who did/did not take an oath. _.,¢,I p~ Barbara M. Madden ~ ~Comm~o~ # CC 760~67 ~ ExpiT~ Ju~ 19. 2002 NDEO My Commission Expires: POA. IND NOTARY PUBLIC Type or Print Name Commission No. CGUN~Y OF PALM_ B~EACH: NOTICE OF AD VALOREM TAXES · PROPERTY CONTROL NUMBE~-' I yEAR CMC t AESE$SED VALUE I,,11,,,11,,I,,I,,11,,11,,,,I,1,1,,i11,,,,11,,,I,,I,,I,1,,11,1 .OMBS MARIE S942 TUCKS RD BOYNTON BEACH FL 33456-2406 AND NON-AD VALOREM ASSESSMENTS EXEMPTIONS; J TAXABLE VALUE 25,500 t 65,013 LEGAL DESCRIPTION 18-45-45, ELY 205 FT OF # $&3.09 FT OF N 197.70 FT OF S 415 FT OF SH 1/4 OF SH 1/4 COLLECTOR NO j JOHN K. CLARK, CFC, ' Tax Collector 2- 37 9-118- 7 0 Palm Beach County TAXING AUTHORI~ ~LEPHONE MIL~GE ' TAX AMOUNT COUNTY COUNTY DEBT LZBRARY SCHOOL STATE SCHOOL LOCAL SCHOOL DEBT CHZL9RENS SERVZCE$ COUNCIL PBC HEALTH CARE DZSTRZCT SFk~D EVERGLADES ¢O~ST PROJECT FZRE/RESCUE HSTU SO FLA HATER HANAGEHENT DZST 561 355-3996 4.6000 289.8& 561 355-3996 .3562 21.18 561 355-3996 .540S 3~.05 561 434-8837 5.8670 369.70 561 434-8837 2.6~00 165.09 561 434-8837 .4310 27.16 561 &27-$~6 .041~ 2.58 800 273-9977 1.025~ 64.59 561 6~6-8800 .1000 6.30 56! 355-3996 2.99~5 188.69 561 686-8800 .5970 37.62 TOTAL AD VALOREM 1 , 238.33 LEVYING AUTHORITY T~LEPHONE RATE AMOUNT LAKE ~/ORTH DRA*rNAGE DISTRTCT NATNT 561 737-383K 31.05 31.05 SOLZD #ASTE AUTHORZTY 561 697-2700 182. O0 182. O0 TOTAL NON-AD VALOREM ZI3 . 05 TOTAL AD VALOREM AND NON-AD VALOREM COMBINED 1,45!. 38 $13,500.00 West Palm Beach, ~orda ........ A~ri! 18 ~9...6.7.. FOP. VALUE RECEIVED the undersigned promises to pay to the order of ..................................... .-....-...-..-? ~.a`A¢....:..s...~.~.~..~....~.....~...~.~.~..~.s.~A~.s.~...~.~.~.~......~...~.-.~-.. .-...-.. ....................................................................... ~he principal sum of Thirteen Thousand Five Hundred and no/lO0 -0ol~ars ($13,500- O0 togather w,th ,hi,es, thereo, from da,a. at ,he ~a,e of ...... ..5......3..../...4.. .............................. i..per ce,,. per .............. .a..~ ....................... ont,, ma,u,,y. · - forth below : each year; both principal and interest being payable in lawh~l money of the United States or its eq~at ..'.'.~. ....... · '~'gP~, .~ ~......~---.~-~/-/,Z, ,~.~..L) ~, ¢ ~,..,.~ sad ~'ncJpa( st,q~ I(~ be av~IJn the da~es ~' ~mount -~r'v - T~e'" s ':"-~' ......... ' '"; ..... : .......... .. '" .......... '.'~',"-"~ ............ I~.'i' ~'oI c p y~l~on fhe da~es ~~ ~c~lfied below, to-wit: a:~ pr:nczpal sum o.~ $1~,500.0~, together/--with %~r~st t~eon on the unPaid.balance ~emaini~ f~o~t~ime~o~i wing ma~me~: The sum o£ $~.12 ~er.m~, ~ on the l~th day of May,~. D, l~_7~a~d a 1.~k~~~~-t~ ~-~"[17-t day of each and every moth ~r.~~e~; ~ made, shall be applied fir~ to .6h~ ~ym~i ~~~ ~eof to the payment of~pr~al.. a,]~~~' 'of all % any par~ th~s privilege to make ~prepa~~. r obligation at any time without penalty. ~sc~ ma~er a,~ e~orser severmll~ w,ives dema~d~ ~rotest ~nd ,efice of.ma~r$fF.~non-pa~,~'or ~rotesf a,d ~1~ re~,irements ,eces,ary ~o [~c~ ma~er ~,~ e~dor~er rudder sgree~, io~,tly m,d severally, fo ~ay mil cost~ of.~e~mn. ~ncied~,g ~ reaso,able afforney's f~ ~ ca~ the fh~s ,ore or s~y peymenf oa fhe prSnc~a{ or a~y Snfere~f fhereo~ is ,of ~ai~ at f~e res~cfiwe real,rifF fhereo[, or in case if ~comes necessary lo 9roteci sec,r~ty ~ereof. whefher su;t be brougD or noL This note and deferred inter~t p~yments shall bear interest at the rate of ..... ~ .......... per cent, ~r annum from maturity until paid. - This note is secured by a....,.~.~. .......... mortgage of even date herewith and is to,be construed and enforc~ according to the laws of the State of Florida; upon default in the payment of pr/nc pal and/or interest due on any note secured by ~id Mortgage, all ~ofes so secured and remaining unpaid shall forthwith become due and pa~abl~no~Jthstand n~their tenor / ..... ~ MY COMMISSION EXPIRES JUNE 2, I969 · o~[~ ~HROU~H ~a~ w. ~tzsYs~,bi~ ............. : ........................................................................................... (Seal) THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT, m. ade on this day of /I~'~LS-J--" , 20~)/, by and between ~i~i~Oe.t ~ ~[~L (~0t~.y hereinafter callecJ the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City" WHEREAS Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutua covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ../-/~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay.the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property .of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs:ore.aSsigns of Customer shall be binding on the Customer and all successors and assigns. 10. It ~s agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional: State or Federal agencies or other agencies having jurisdiction over such matters. Also the City shall have no liability in the event there is a reduction impairment or termination of water service due to acts of God, accidents:, strikes boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor. Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this , WITNESS: (As to owner) to owner) (As to owner) (As to owner) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF' PALM BEACH) INDIVIDUAL(S) AS OWNER(S): (PAi n.t, name) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared "~/~',~4e/ 4~ J"~¢"~/4, Co ~r;~,V' to me known to be the person(s) described in anCwho executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS m' day (Notary Seal) hand and official seal in the County and State last aforesaid this .., 200/__ Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims ~ 900182 -- 12112/95. rev WATE RS RV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~)~..ll~ ~ I/We, ~iCi,~[.d ~ 5~,~ {~0n.~j~.~, , hereinafter "Grantee". hereby ! make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, commence and be in full force and effect on the ]-- ~/'/f'- day of FLORIDA, shall /~U,~lLt.,s-j-- , 20 ~i and the powers and authority shall be irrevocable by _J Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of,/~"4'I - , in the year two thousand, o~ -6.. Sealed and delivered in the presence of ~. ~.,,itness / ~ W~.~;fess Print name ~ Print name J STATE OF FLORIDA ) COUNTY OF PALM BEACH ) T_HE FOREGOING INSTRUMENT was ackno~w~l.edged before me this ,~¢¢/' day of g"~-'~ , 20~9/, by ¢zJ~t'~i)~4~/4.~,~f',_~j~l% d'~n~y/ and ~]-- , who are known to me or w~o have produced 71~ g, L, ~ ~oo-;s'z.-b~-o~¢-¢ ~) , as id~ificatio~ and who ~/did not take an oath. NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: POA,IND My COMMISSION # CC 913&I0 ~J ~PIR~: ~m~ 24, ~ JJ / ~t'his instrument prepared by and RETURN TO: ~sichael P. Smodish, Esq. 555 North Congress Ave., Suite 301 IBoynton Beach, FL 33426 Ju1-13-2800 88:~3a~ 08--26;P978 ORB 11891 pg 1417 Con 188,888.88 Doc 848.88 DOROTHY H. WILKEN, CLERK PB COUNTY, FL Parcel ID Number: 00-43-45-18-00-000-7210 This Indenture, Made this DAVID F. FOX /,~ dayof ~ and DEBORAH L. FOX, husband an~wife , 2 0 00 A.D., Between of the County of Palm Beach , State of Florida , grantors, and MICHAEL S. CONWAY and.SHEiLA M. CONWAY, husband and wife of the County of Palm Beach , -- State of Florida , grantees. Witnesseth that the GRANTORS, for and in consideration of the sum of ........................ TEN DO~,LARS ( $ 3. 0 ) - ;- ..................... DOLL^RS, and other good and valuable consideration to GRANTORS in hand paid~ by GRANTEES, the receipt whereof is hereby, acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following descr/bed land, situate, lying and being in the County of Palm Beach 8tare of Florida to wit: A parcel of land in the Southwist quarter of Section 18, Township 45 South, Range 43 East, Palm Beach CoUa%ty, Florida, described as follows: From the SOuthwest corner df Section 18, Township 45 South, Range 43 East, run Northerly along the West line of said Section 18, a distance of 220 feet; thence run Easterly, parallel to the South line of Section 18, a distance of 558.09 feet to the Point of Beginning; thence, run Northerly, parallel to the West line of Section 18, a distance of 195.0 feet; thence run Easterly, parallel to' the South line of Section 18, a distal%ce of 105.0 feet; thence run Southerly, parallel to the West line of Section 18, a distance of 195.0 feet; thence run Westerly, parallel to the South line of Section 18, a distance of 105.0 feet to the Point .of Beginning. SUBJECT TO easements, reservations, and restrictions of record, if any, without reimposing any of the sa~e hereby; zoning regulations of applicable-governmental authority; and real property taxes for the year 2000 and su/~sequent years. ~ and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors havexltereunto set their hands and seals the day and year first above written. · =' DAVID F. Witness (~ress:/~/~73 N. S~ree&nton Beach, FL 33426 lying and being inthe CounW of Palm Beach State of Florida rD wm A parcel of land in the Southwest quarter of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: From the :Southwest corner of Section 18,. Township 45 South, Range 43 East, run Northerly along the West line of said Section 18, thence run Easterly, parallel to the South c distance of 5581.09 feet to the Point of Beginning; thence run Northerly, parallel to the Wes 1~ of Section 18, a distance of 195.0 feet; thence run Easterly, P to the South line of Section 18, a distance of 105.0 feet; thence run Southerly, parallel to the West line of Section 18, a distance of 195.0 feet; thence run Westerly, parallel to the South line of Section 18, a distance of 105.0 feet !%o th~' Point of Beginning. SUBJECT TO easements, reservations, and restrictions of record, if any, without reimposing any of the same hereby; zoning regulations of applicable goverr~nental authority; a~d real property taxes for the year 2000 and subsequent years. and the grantors do hereby fully warrant the title m said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors haveq~ereumo set their hands and seals the day and year first above written. Sigae~, se~.led anj~del~v4.red in our presence: [.-M~'~i~ael P./ Sm~dish Witness D VID F. Fox / P':"~ress: 1 -~- 3- N' 7 1 t~e~¢/f°n Beach' FL 33426_i~l~7~ d~- ~._ - , DEBORAH L. FOX P.O. Address: 1273 N, W. llth Street, Boynton Beach, FL 33426 STATE OF FLORIDA The foregoing instrument was acknowledged before me this day of / DAVID F. FOX and DEBORAH L. FOX, husband and wife / W ~00. MICHAEL ~ BrutiSH! ~chael ~P/. Smod~sh ~1 ~ 0~3~'93 ! My Co~ssionExpires: CO~AY ~ .~_~ O AP~ 2]ZO ' 1998 {941) 763-5555 Fo~ FLWD-I ~ ...... ~_ _j ~7 ~ Display Systc~, Inc., (Seal) [Seal] ,2000 by VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST ] Requested City Cormmssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested Cit~ Meeting Dates [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19. 2001 [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 [] August 21. 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6. 2001 NATURE OF AGENDA ITEM [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] mouncement [] [] City Manager's Report RECOMMENDATION: A motion to approve a monthly rental agreement between the EXPLANATION: In accord with the requests of the Risk Manager in complying Mangrove High School building, 40,000 Building division records formerly stored in that facility have been moved to th~ Stor-All facility located at These records will be converted to digital image files over the next four years in guidelines, allowing the hardcopy records to be destroyed following proper petition ultimately relieve the need for this temporary storage space. These records are accessed on a daily basis for purposes of fulfilling public Conditions in the Mangrove High School were deemed uninhabitable, and all types of banned: This precipitated the need to relocate the records to offsite storage, not readily PROGRAM IMPACT: These storage units assure that life/sa, feB the MangrOve High School have been addressed and improved. for staff to retrieve and maintain records t~om. FISCAL IMPACT: Rental of five units, representing approximately 1,000 sq. ft., has been secured at a cost $9,694 annually. Funding has been proposed in the Building division operating ALTERNATIVES: Identification of 2.a~0tsq. fi of amiable space within existing City facilities, Quintlu~'"C~ku~, ]~ctor of I~x~opment Department of Development Department Name S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RENTAL AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND STOR-ALL STORAGE TO PROVDE FOR THE LEASE OF FIVE (5) STORAGE UNITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with the condemnation status of the Mangrove High School building, all Building division records stored in that location from 1993 through 1999, must be relocated; and WHEREAS, there currently is no space readily available in any other City facility for storage purposes; and WHEREAS, in compliance with State Records Retention guidelines, these documents will be converted to digital image files over the next four years, ultimately relieving the need for this temporary storage space; and WHEREAS, upon the recommendation of staff, the City Commission of the City of Boynton Beach, Florida has deemed it appropriate to enter into a rental Agreement with Stor- All Storage for five (5) storage units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct thc Mayor and City Clerk to execute a rental agreements with Stor-All Storage for five rental units, said Agreements being attached hereto as composite Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:Reso~Agr~Stor-All Rental Leas~ Incorporating the Florida Self-Service Storage Facility Act Rental Agreement # 1 ? 7 MEMBER 1. Tenn. This Rental Agreement is entered into this date (see attached page 1) by and between iname of Owner attache6~. Stor-All and its agents, hereinafter called Owner. and Occupant I named on attached page 1 ) whose last known address on attached page I or attached, addendum). The unit is to be used for the purposes specified and subject to the conditions herein for a minimum of one month, beeinning with the date of the Rental Agreement (see attached: hereinafter called due date) and continuing month-to- month until terminated or revised. The Agreement could be extended longer, however if Occupant pays rent tn advance for a longer term or if area manager or person in higher capacity for Owner consents m wriung, though in no case shall any term mn longer than a year without renewal. 2. Occupancy Charges. Occupant shall pay Owner all of the following charges: a. Rent and Sales Ta___ x: Rental payments (listed on attachedl are due and payable in advance ct~ due date each month. If rent ~ .~.;- paid by posted close of rental office at address Ise~ forth on attached) within five 5) days of due date. or if any check is dishonored or credit card payment canc~.:'e.!~ Occupant shall be deemed to be in default from date due. b. Rent Bills: Owner does not send monthly rent bills: except on request and for a fee of $2 per bill each month. Said bill is a courtesy and failure to receive a bill for any reason whatsoever is not an excuse for not paying the rent on time. c. Administration Fee: Owner requires Occupant to pay a one-time administration fee of $10 at inceptton of this Agreement. d. Late Char~es: If Occupant does not pay in full any monthly payment within five (5) days of due date. Occupant shall pay Owner a $I0.00 late charge for each delinquent lease. If Occupant does not make payment within fifteen (15) days of due date. Occupant shall pay Owner a second late charge of $ I 0.00 per delinquent lease. e. Returned Checks: If any of Occupant's checks or any checks used in payment of his rent. are returned for any reason. Occupant shall pay Owner. on demand, a service charge of $20.00 for each returned check. Owner will not re-deposit NSF checks and Occupant agrees to immediately redeem in cash the face amount of such check plus $20. Owner will pursue all available legal remedies for collection of NSF check, including possible prosecution and civil claims in accordance with Florida laws. f. _Lien Sale Preparation Fee: Occupant shall pay a $75.00 lien sale preparation fee to Owner any time Occupant's account is in continuous default for a period of thirty (30) days. g. ~].~0$L(~hltl?~ If Occupant does not return the unit to Owner in "broom clean" condition, Occupant shall pay, on demand, at least a minimum $50 clean-up charge and at most. the cost of clean up. h. Proper(ar Damage: Occupant shall pay Owner the cost of any repairs to property damaged by Occupant or anyone on property on his behalf. i. Delayed Closing Charge: Occupant shall pay Owner $50.00 per hour for any portion of every hour Owner has to keep gates and facility open due to Occupant's not leaving the property before or at the posted closing time. 3. Default. Owner shall have a lien on all personal property stored in Occupant's unit. whether or not owned by Occupant. or on the proceeds of said personal property in Owner's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this Agreement. [f Occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant. Occupant will be considered in default and Owner will take the following actions: a. Upon the failure of Occupant to pay rent within five (5) days of when it becomes due, Owner may, without notice overlock Occupant's unit and deny him gate access to the self-storage facility and pursue all other remedies afforded to Owner pursuant to Florida Law. b. On the thirtieth (30th) day of continuous default, or thereafter, Owner may enforce its lien on the personal property stored in the unit pursuant to Chapte~ ' 83 of the Florida Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Owner, postage amounts for mail providin, notification of late charges and auctions, expenses necessary for the preservation of the personal property stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law. Owner will cut the locks on Occupant's unit and may remove any and all personal property located within said unit for the purpose of selling same. Owner will first attempt to sell any or all said personal property at public sale. [f not sold at public sale, any orall items of said personal property will then be otherwise disposed of and]or destroyed by Owner. c. Owner requires full payment of past due monies in cash to cure default. If partial payment is accepted for any reason said payment would not delay or prevent the lien sale from taking place on schedule. d. Owner may cancel in writing this Agreement at any time. e. Owner may evict Occupant by appropriate legal procedure. f. Owner may accelerate and collect all past, present, and future rent and other sums due under this Agreement. g. Owner may pursue civil remedies against Occupant for collection of past due amounts. Occupant shall be responsible for reasonable collection and/ur attorney's fees and disbursements incurred. 4. Tin'rd P _ InteresL_ occupant hereby states and swears under oath that he owns or has legal possession of any property he intends to store in the unit and the personal property is free and clear of all Liens and secured interests, except for the following: Property Lien Holder/ Address of Amount of Lien Description Secured Creditor Creditor 5. ~ Occupant, at his expense, shall secure his own insurance to protect himself and his property against all perils of whatsoever nature. Insurance on Occupant's property is a material consideration of this Agreement. Occupant's failure to carry insurance is a breach of this Agreement, and Occupant assumes all risk of loss. damage, or theft to stored property that would be covered by such insurance. Insurance carried by Owner shall he for the sole benefit of Owner and Occupant shall make nc claim whatsoever against Owner's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Owner in the event of loss or damage of any kind or from any cause. . · · - · demnification. Ceca ant agrees to indemnify, hold harmless and_de.f.e, nd O~wner fro,m_ .all, cia( .ms, d~c~a~.ds, ~.an__d,!.a.~w~s~u~.s.f}~n~tdt~?,,glatott~?r~eYelsaif~e; fao~d(~w°~me~,tshaa~t;; bro~~ng out ~[ the Occupant's use of unit or the storage tacility, occupant s tnuemmty om]gauon tn or passive negligence. Occupant has read and agreed to a_~_~_~½ed terms and co~d!. '_~ns on all three pages of this Rental Agreement. Date: Occupant: By: City of BoymCon Beach-Building Div. Stor-All facility representative LESSEE RENTAL AGREEMENT June29,2001 Lease Number: ! 77 LESSOR: .y of Boynton Beach Don Johnson P.O.Box 310 Boynton Beach, F1 33425 742-6366 Sales Person: G. Arguello Rental Information Lease Number ......... Lease Type ............. Unit Number(s) ...... Unit Size ................. Monthly Rate ........ 177 Month-To-Month F645 10x20 AC $ 161.50 Client Since ........................... Move In Date ........................ Anniversary / Due Day ......... Next Assessment Date .......... Paid To Date ......................... 06/13/2001 06/29/2001 29 07/29/2001 09/29/2001 Account Assessments Rent Amount .... $ 190.00 DiScount ........... $ 28.50 :" ,ml Tax ......... $ 0.00 ~ct Rent ............ $ 161.50 SecuriW Devosit. $ 0.00 Merchandise Sales ....... 0.00 Insurance .................... $ 0.00 Administration Fees .... $ 10.00 Total Tax Due .............$ 0.00 Amount Due ............... $ 171.50 Amount Paid .........$ 2,432.50 Receipt Number... 1156 Prepaid Amount... $ 0.00 Account Balance.. $ 0.00 :cupant agrees to all terms and conditions of this agreement. :cupant(s) Signature: gned this day: Signed this day: c- xrtmXrpts~EASE0 !.rpt Page 1 of 3 f~l ST0~GE Incorporating the Florida Self-Service Storage Facility Act V~l ~SS0Cl~IION ~ MEMBER Rental Agreement # 17 8 1. Term.. This Rental A~reement is entered into this date ~ see attached page I ) by and between (name of Owner attached). Stor-All and its agents, hereinafter called Owner. 'and Occupant I named on atiached page 1 ) whose last known address on attached page 1 or attached addendum). The unit is to be used for the purposes specified and subject to the conditions herein for a minimum of one month, beginning with the date of the Rental Agreement (see attached: hereinafter called due date) and continuing month-to- month until termmated or revised. The Agreement could be extended longer, however, if Occupant pays rent m anvance for a longer term or if area manager or person in higher capacity for Owner consents in writing, though in no case shall any term run onger than a year without reneWal. 2. Occunancv Charges. Occupant shall pay Owner all of the folloWing charges: a. Rent and Sales Tax: Renta payments (1 tsted on attached) are due and payable in advance of due date each month. If rent is nol paid b) posted close of rental office at address {set forth on attached) within five {5) days of due date. or if any check is dishonored or credit card payment cancelled. Occupant shall be deemed to be in default from date due. b. Rent Bills: Owner does not send monthly rent bills; except on request and for a fee of $2 per bill each month. Said bill is a courtesy and failure to receive a hilt for any reason whatsoever is not an excuse for not paying the rent on nme. c. Administration Fee: Owner requires Occupant to pay a one-nme administration fee of $10 at inception of this Agreement. d. Late Chat'ties: If Occupant does not pay in full any monthly payment within five (5) days of due date. Occupant shall pay Owner a $10.00 late charge for each delinquent lease. If Occupant does not make payment within fifteen (15) days of due date, Occupant shall pay Owner a second late charge of $10.00 per delinquent lease. e. Returned Checks: If any of Occupant's checks or any checks used in payment of his rent. are returned for any reason. Occupant shall pay Owner, on demand, a service charge of $20.00 for each returned check. Owner will not re-deposit NSF checks and Occupant agrees to immediately redeem in cash the face amount of such check plus $20. Owner will pursue all available legal remedies for collection of NSF check, including possible prosecution and civil claims in accordance with Florida laws. f. Lien Sale Pretmration Fee: Occupant shall pay a $75.00 lien sale preparation fee to Owner any time Occupant's account is in continuous default for a period of thirty (30) days. g. ~lz!glL~r~ If Occupant does not return the unit to Owner in "broom clean" condition, Occupant shall pay, on demand, at least a minimum $50 clean-up charge and at most the cost of clean up. h. Pronertv Damage: Occupant shall pay Owner the cost of any repairs to property damaged by Occupant or anyone on property, on his behalf. i. Delayed Clnsilm Charge: Occupant shall pay Owner $50.00 per hour for any portion of every hour Owner has to keep gates and facility open due to Occupant's not leaving the property before or at the posted closing time. 3. Default, Owner shall have a lien onall personal property stored in Occupant's unit. whether or not owned by Occupant, or on the proceeds of said personal property in Owner's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this Agreement. If Occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant. Occupant will be considered in default and Owner will take the following actions: a. Upon the failure of Occupant to pay rent within five (5) days of when it becomes due, Owner may, without notice overlock Occupant's unit and deny him gate access to the self-storage facility and pursue all Other remedies afforded to Owner pursuant to Florida Law. · b, On the thirtieth (30th) day of continuous default, or thereafter, Owner may enforce its lien on the personal property stored in the unit pursuant to Chapte~ 83 of the Florida Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Owner, postage amounts for mail pre,riding notification of late charges and auctions, expenses necessary for the preservation of the personal property stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law. Owner will cut the locks on Occupant's unit and may remove any and all personal property located within said unit for the purpose of selling same. Owner will first attempt to sell any or all said personal property at public sale. If not sold at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Owner. c. Owner requires full payment of past due monies in cash to cure default. If partial payment is accepted for any reason said payment would not delay or prevent the lien sale from taking place on schedule. d. Owner may cancel in writing this Agreement at any time. e. Owner may evict Occupant by appropriate legal procedure. f. Owner may accelerate and collect all past, present, and furore rent and other sums due under this Agreement. g. Owner may pursue civil remedies against Occupant for collection of past due amounts. Occupant shall be responsible for reasonable collection and/or attorney's fees and disbursements incurred. 4. Third Party Interest. Occupant hereby states and swears under oath that he owns or has legal possession of any property he intends to store in the unit and the personal property is free and clear of all liens and secured interests, except for the following: Property Lien Holder/ Address of Amount of l.~en Description Secured Creditor Creditor 5. ~ Occupant. at his expense, shall secure his own insurance to protect himself and his property against all perils of whatsoever nature. Insurance on Occupant's property is a material consideration of this Agreement Occupant's failure to carry insurance is a breach of this Agreement, and Occupant assumes all risk of loss, damage, or theft to stored property that would be covered by such insurance. Insurance camed by Owner shall be for the sole benefit of Owner and Occupant shall make no claim whatsoever against Owner's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Owner in the event of loss or damage of any kind or from any cause. 6. ~ Occupant agrees to indemnify, hold harmless and defend Owner from all claims, demands, and lawsuits (including attorney's fees and costs) that are brought by others arising out of the Occupant's use of unit or the storage facility. Occupant's indemnity obligation includes, but is not limited to. claims for Owner's active or passive negligence. Occupattt has read and agreed to ~_~ched terms and cond~nns on all three pages of this Rental Agreement. ]~ Date: Occupant: By: City of Boynton Beach-Building Div. Stor-All facility representative RENTAL AGREEMENT LESSEE ,. ~ of Boynton Beach Don Johnson P.O.Box 310 Boynton Beach, F1 33425 742-6366 June29,200 f Lease Number: 178 LESSOR: Sales Person: G. Arguello Rental Information Lease Number ......... Lease Type ............. Unit Number(s) ...... Unit Size ................. Monthly Rate ........ 178 Month-To-Month F646 I 0x20 AC $ 161.50 Client Since ........................... Move In Date ........................ Anniversary / Due Day ......... Next Assessment Date ........ ;. Paid To Date ......................... 06/13/2001 06/29/2001 29 07/29/2001 09/29/2001 Aqcount A~sessments Rent Amount .... Discount ........... ~'~ 'tal Tax ......... $ 190.00 $ 28.50 $ 0.00 $ 161.50 $ 0.00 Merchandise Sales ....... Insurance .................... $ 0.00 Administration Fees .... $ 0.00 Total Tax Due .............$ 0.00 Amount Due ............... 0.00 $ 161.50 Amount Paid .........$ 2,432.50 Receipt Number... 1156 Prepaid Amount... $ 0.00 Account Balance.. $ 0.00 to all terms and conditions of this agreement. day: Signed this day: -- --(~) c:XrtmxrptsXLEASE01.rpt Pa~e 1 of 3 SELF STORAGE RENTAL AGREEMENT /~ ~SS0CL~0N Incorporating the Florida Self-Service Storage Facility Act ~ MEMBER Rental Agreement # 1 79 I Term~ This Rental Agreement is entered into this date (see attached page 1 ) by and between I name of Owner attached~. Stor-All and its agents, hereinafter called Owner. and Occupant ~named on attached page 1 ) whose last known address on attached page I or attached addendum). The unit is to be used for the purposes specified and subject to ttae conditions hereto for a minimum of one month, beginmng with the date of the Rental Agreement (see attached: hereinafter called due date) and continuing month-to- month until terminated or revised. The Agreement could be extended longer however, if Occupant pays rent ~n advance for a longer term or if area manager or person in higher capactty for Owner consents in writing, though in no case shall any term run longer than a year without renewal. 2. Occupancy Char~es~ Occupant shall pay Owner all of the following charges: ~. Rent and Sales Tax: Rental payments (listed on attached) are due and payable in advance of due date each month. If rent is not paid by posted close of rental office at address {set [orth on attached) within five (5) days of due date, or if any check is dishonored or credit card payment cancelled. Occupant shall be deemed to be in default from uate due. b. Rent Bills: Owner does not send monthly rent bills: except on request and for a fee of $2 per bill each month. Said bill is a courtesy and failure to recetve a bill for any reason whatsoever is not an excuse for not paying the rent on trine. c. Administration Fee_.' Owner requires Occupant to pay a one-time administration fee of $10 at inception of this Agreement. d. ~ If Occupant does not pay in full any monthly payment within five (5) days of due date, Occupant shall pay Owner a $10.00 late charge for each delinquent lease. [f Occupant does not make payment within fifteen t 15) days of due date, Occupant shall pay Owner a second late charge of $10.00 per delinquent lease. e. Returned Checks: If any of Occupant's checks or any checks used in payment of his rent, are returned for any reason, Occupant shall pay Owner. on demand, a service charge of $20.00 for each returned check. Owner will not re-deposit NSF checks and Occupant agrees to immediately redeem in cash the face amount of such check plus $20. Owner will pursue all available legal remedies for collection of NSF check, including possible prosecution and civil claims in accordance with Florida laws. f. L_jen Sale Prenaration Fee: Occupant shall pay a $75.00 lien sale preparanon fee to Owner any time Occupant's account ts in conunuous default for a period of thirty (30) days. g. Clean-uo Charge: If Occupant does not return the unit to Owner in "broom clean" condition, Occupant shall pay, on demand, at least a minimum $50 clean-up charge and at most, the cost of clean up. h. Property Damane: Occupant shall pay Owner the cost of any repairs to property damaged by Occupant or anyone on property on his behalf. i. Delayed Cin~in~ Charge: Occupant shall pay Owner $50.00 per hour for any portion of every hour Owner has to keep gates and facility open due to Occupant's not leaving the property before or at the posted closing time. 3. Default. Owner shall have a lien on all personal property stored in Occupant's unic whether or not owned by Occupant, or on the proceeds of said personal property in Owner's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this Agreement. ff Occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant, Occupant will be considered in default and Owner will take the following actions: a. Upon the failure of Occupant to pay rent within five (5) days of when it becomes due, Owner may, without notice overlock Occupant's unit and deny him gate access to the self-storage facility and pursue all other remedies afforded to Owner pursuant to Florida Law. - b. On the thirtieth (30th) day of continuous default, or thereafter, Owner may enforce its lien on the personal property stored in the unit pursuant to Chapter 83 of the Florida Statutes for: rent. late charges, labor, damages, cleaning fees; charges for checks returned to Owner, postage amounts for mail providing notification of late charges and auctions, expenses necessary for the preservation of the personal property stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law. Owner w~ll cut the locks on Occupant's unit and may remove any and all personal property located within said unit for the purpose of selling same. Owner will fir~st attempt to sell any or all said personal property at public sale. if not sold at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Owner. c. Owner requires full payment of past due monies tn cash to care default. If partial payment is accepted for any reason said payment would not delay or prevent the lien sale from taking place on schedule. d. Owner ma~ cancel in writing this Agreement at any time. e. Owner may evict Occupant by appropriate legal procedure. f. Owner may accelerate and collect all past, present, and future rent and other sums due under this Agreement. g. Owner may pursue civil remedies against Occupant for collection of past due amounts. Occupant shall be responsible for reasonable collection and/or attorney's fees and disbursements incurred. 4. Third Pa--: - Interest. Occupant hereby states and swears under oath that he owns or has legal possession of any property he intends to store in the unit and the personal property is free and clear of all liens and secured interests, except for the following: Property' Lien HoMer/ Address of Amount of L~en Descri~on Secured Creditor Creditor 5. Insurance. Occupant, at his expense, shall secure his own insurance to protect himself and his property against all perils of whatsoever nature. Insurance on Occupant's property is a material consideration of this Agreement. Occupant's failure to carry insurance is a breach of this Agreement. and Occupant assumes all risk of loss, damage, or theft to stored property that would be covered by such insurance. Insurance carried by' Owner shall be for the sole benefit of Owner and Occupant shall make no claim whatsoever against Owner's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Owner in the event of loss or damage of any kind or from any cause. . ........... S 6. Indemnification_______ . Occupant agrees to inaemntry, nora namue~ and defend Owner from all claims, demands, and lawsuits (including attorney's fees and costs) that are brought by others arising out of the Occupant's use of unit or the storage facility. Occupant's indemnity obligation includes, but is not limited to, claims for Owner's active or pasture negligence. Occupant has read and agreed to attached terms and conditions on all three pages of this Rental AgreemenL OWHe~ Date: By: Occupant: Stor-A[l facility representative City of Boynton Beach-Building Div. Rent ix due on yoar lease date. LESSEE ~.,~y of Boynton Beach Don Johnson P.O.Box 310 Boynton Beach, F1 33425 742-6366 RENTAL AGREEMENT June29,2001 Lease Number: LESSOR: 179 Sales Person: G. Arguello Rental Informatjorl Lease Number ......... Lease Type ............. Unit Number(s) ...... Unit Size ................. Monthly Rate ........ 179 Month-To-Month F654 10x20 AC $ 161.50 Client Since ........................... Move In Date ........................ Anniversary / Due Day ......... Next Assessment Date .......... Paid To Date ......................... 06/13/2001 06/29/2001 29 07/29/2001 09/29/2001 Aocount Assessments Rent Amount .... $ 190.00 Discount ........... $ 28.50 ~' tal Tax ......... $ 0.00 Net Rent ........... $ 161.50 Secur/tv Devosit. $ 0.00 Merchandise Sales ....... Insurance .................... $ 0.00 Administration Fees .... $ 0.00 Total Tax Due .............$ 0.00 Amount Due ............... 0.00 $ 161.50 Amount Paid .........$ 2,432.50 Receipt Number... 1156 Prepaid Amount... $ 0.00 Account Balance.. $ 0.00 Occupant agrees to all terms and 4onditions of this agreement. Occupant(s) Signature: Signed this day: Signed this day: c:~L,-ptsXLEASE01.rpt Paee 1 of 3 SELF STORAGE RENTAL AGREEMENT ~r~ STO~G~ Incorporating the Florida Self-Service Storage Facility Act Rental Agreement # 180 t. Term. This Rental Agreement ~s entered into this date (see attached page l and Occupant ~ named on attached page 11 whose last known address on attached page l or attached addendum). The unit ~s to be used for the purposes specified and subject to the condiuons herein for a mm~mum of one month, beginning with the date of the Rental Agreement ~see attached' hereinafter called due date) and continuing moron-to- month until terminated or revised. The Agreement could be extended longer, however, if Occupant pays rent in advance for a longer term or if area manager or person in higher capacit~ for Owner consents ~n writing, though in no case shall any term mn longer than a year without renewal. ~ 0ccupancV Char~es Occupant shall pay Owner all of th~ following ch~ges: a~ Rent and Sales Ta~: Rental payments I listed on attached) are due and payable in advance of due date each month, tf rent is not paid by posted close of rental office at address tset forth on attached) within five (5) days of due date, or if any check is dishonored or credit card payment cancelled. Occupant shall be deemed to be in default from date due. b. Rent Billsl Owner does not send monthly rent bills: except on request and for a fee of $2 per bill each month. Said bill is a courtesy and failure m receive a bill for any reason whatsoever ~s aot an excuse for not paying the rent on nme. c. Admlnistration_ Fee:_ Owner requires Occupant to pay a one-time administration fee of $10 at inception of this Agreement. d. Lat~ [f Occupant does not pay in full any monthly payment within five (5) days of due date, Ck:cupant shall pay Owner a $10.00 late charge for each delinquent lease. If Occupant does not make payment within fifteen (15) days of due date, Occupant shall pay Owner a second late charge of $10.00 per delinquent demand, a lease. e. Returned Checks: If any of Occupant's checks or any checks used in payment of his rent, are returned for any mason. Occupant shall pay Owner, on ~ervice charge of $20.00 for each returned check. Owner will not re-deposit NSF checks and Occupant agrees to immediately redeem in cash the face amount ot such check plus $20. Owner will pursue all available legal remedies for collection of NSF check, including possible proseCuuon and civil claims in accordance with Florida laws. f. Lien Sale Preparation Fee: Occupant shall pay a $75.00 lien sale preparation fee to Owner any time Occupant's account is tn continuous default for a period of thirty ~30) days. g. ~ If Occupant does not return the unit to Owner in "broom clean" condition, Occupant shall pay, on demand, at least a minimum $50 clean-up charge and at most, the cost of clean up. h. Property Dantage: Occupant shall pay Owner the cost of any repairs to property damaged by Occupant or anyone on property on his behalf. i. Delayed Claaln~ Charv.~, Occupant shall pay Owner $50.00 per hour for any portion of every hour Owner has to keep gates and facility open due to Occupant's not leaving the proper~y before or at the posted closing nme. 3. DefauLL Owner shall have a lien on all personal property stored in Occupant's unit, whether or not owned by Occupant, or on the proceeds of said personal property in Owner's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this Agreement. If Occupant fails to pay rent ot any part thereof o.r fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant. Occupant will be considered in default and Owner will take the following acuons: a. Upon the failure of Occupant to pay rent within five (5) days of when it becomes due. Owner may, without notice overlock Occupant's unit and deny him gate access to the self-storage facility and pursue all other remedies afforded to Owner pursuant m Florida Law. b. On the thirtieth (30th) day of continuous default, or thereal~r, Owner may enforce its lien on the personal property stored in the unit pursuant to Chapter 83 of the Florida Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Owner, postage amounts for mail providing notification of late charges and auctions, expenses necessary for the preservation of the personal propert~2 stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law. Owner will cut the locks on Occupant's unit and may remove any and all personal property located within said unit for the purpose of selling same. Owner will first attempt to sell any or ali said personal property at public sale. If not sold at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Owner. c. Owner requires full payment of past due monies in cash to cure default. If partial payment is accepted for any reason said payment would not delay or prevent the lien sale from taking place on schedule. d. Owner may cancel in writing this Agreement at any time. e. Owner may evict Occupant by appropriate legal procedure. . civil remedies against Occupant for collection of past due amounts. Occupant shall be responsible for reasonable collection and/or attorney's fees f. Owner may accelerate and collect all past, present, and future rent and other sums due under this Agreement. g. Owner may pursue and disbursements incurred. 4. ~ Occupant hereby states and swears under oath that he owns or has legal possession of any property he intends to store in the unit and the personal property is free and clear of all liens and secured interestS, except for the following: Lien Holder/ Address of Amount of Lien Property. Creditor Descr~ Secured Creditor . 5. Insurance. Occupant. at his expense, shall secure his own insurance to protect himself and his property against all perils of whatsoever nature. Insurance on Occupant's prope~y is a material consideration of this Agreement. Occupant's failure to carry insurance is a breach of this Agreement, and occupant assumes all risk of loss, damage, or theft to stored property that would be covered by such insurance. Insurance carried by Owner shall be for the sole benefit of Owner and Occupant shall make no claim whatsoever against Owner's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Owner in the event of loss or that are damage of any kind or from any cause. ' ..... 'd 6. Indemnification. Occupant agrees to moemmry, nm harmless and defend Owner from ail claims, demands, and lawsuits (including attorney's fees and costs/ brought by others arising out of the Occupant's use of unit or the storage facility. Occupant's indemnity obligation includes, but is not limited to, claims for Owner's active or passive negligence. attached terms and conditions on all three pages of this Rental Agreerntnt. Occupant rend agreed to Date: By: Occupant: Stor-All facilit7 representative City of Boynton Beach-Building Div. r. ESSEE t~lty of Boynton Beach Don Johnson P.O. Box 310 BOynton Beach, F1 33425 742-6366 RENTAL AGREEMENT June29,2001 Lease Number: LESSOR: Sales Person: 180 G. Arguello Rental Information Lease Number ......... Lease Type.: ........... Unit Number(s) ...... Unit Size ................. Monthly Rate ........ 180 Month-To-Month F655 10x20 AC $ 161.50 Client Since ........................... Move In Date ........................ Anniversary / Due Day ......... Next Assessment Date .......... Paid To Date ......................... 06/13/2001 06/29/2001 29 07/29/2001 09/29/2001 Account Assessments Rent Amount .... $ 190.00 Discount ........... $ 28.50 ttal Tax ......... $ 0.00 Net Rent ............ $ 161.50 Security Deposit. $ 0.00 Merchandise Sales ....... Insurance .................... $ 0.00 Administration Fees .... $ 0.00 Total Tax Due .............$ 0.00 Amount Due ............... $ 161.50 0.00 Amount Paid .........$ 2,432.50 Receipt Number... 1156 Prepaid Amount... $ 0.00 Account Balance.. $ 0.00 Occupant agrees to all terms and conditions of this agreement. Occupant(s) Signature: Signed this day: c:Xrtm~ptsXLEASE01.rpt Pa~e 1 of 3 SELF STORAGE RENTAL AGREEMENT Incorporating the Florida Self-Service Storage Facility Act Rental Agreement # 181 ~ SErF ,~'~ STOPAGE ~ ~MBER Page 2 of 3 5~LL I. Term. This Rental Agreement is entered into this date and Occupant (named on attached page 1 ~ whose last known address on attached page I or attached addendum~. The unit is to be used for the purposes specified and subject to the conditions herein for a minimum of one month, beginning with the date of the Rental Agreement (see attached: hereinafter called due date~ and continuing month-to- month until terminated or revised. The Agreement could be extended longer, however, if Occupant pays rent in advance for a longer term or if area manager or person in higher capacity for Owner consents in writing, though in no case shall any term run longer than a year without renewal. 2. Occupancy Cha~es. Occupant shall pa> Owner all of the following charges: a. Rent and Sales Tax: Rental payments t listed on attached) are due and payable in advance of due date each month. If rent is not paid by posted close of rental office at address Iset forth on aitached) within five 15) days of due date, or if any check is dishonored or credit card payment cancelled. Occupant shall be deemed to be default from date b. Rent Bills: Owner does not send monthly rent bills: except on request and for a fee of $2 per bill each month. Said bill is a courtesy and failure to receive a bill for any reason whatsoever is not an excuse for not paying the rent on time. c. Administration Fee: Owner reqmres Occupant to pay a one-time administration fee of $10 at inception of this Agreement. d. Late Charges: If Occupant does ~o~ pay ih full any monthly payment within five (5) days of due date. Occupant shall pay Owner a $10.00 late charge for each delinquent lease. [f Occupant dees not make payment within fifteen (15) days of due date, Occupant shall pay Owner a second late charge of $10.00 per delinquent lease. e. Returned Checks: If any of Occupant's checks or any checks used in payment of his rent. are returned for any reason. Occupant shall pay Owner. on demand, a service charge of $20.00 for each returned check. Owner will not re-deposit NSF checks and Occupant agrees to immediately redeem in ~ash the face amount of such check plus $20. Owner will pursue all available legal remedies for collection of NSF check, including possible prosecution arid civil claims in accordance with Florida taws. f. Lien Sale Prenaration Fee: Occupant shall pay a $75.00 lien sale preparation fee to Owner any time Occupant's account is in continuous default for a period of thirty (30) days. g. Clean-up Charge: If Occupant does not return the unit to Owner in "broom clean" condition. Occupant shall pay, on demand, at least a minimum $50 clean-up charge and at most. the cost of clean up. h. Pro_m~rtv Damage: Occupant shall pay Owner the cost of any repairs to property damaged by Occupant or anyone on property on his behalf. i. Delaved:Closine Charge: Occupant shall pay Owner $50.00 per hour for any portion of every hour Owner has to keep gates and facility open due to Occupant's not leaving the property before or at the posted closing time. ' 3. Default. Owner shall have a lien on all personal property stored in Occupant's unit, whether or not owned by Occupant, or on the proceeds of said personal property in Owner's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this Agreement. If Occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant, Occupant will be considered in default and Owner will take the following actions: a. Upon the failure of Occupant to pay rent within five (5) days of when it becomes due. Owner may, without notice overlock Occupant's unit and deny him gate access to the self-storage facility and pursue all other remedies afforded to Owner pursuant m Florida Law. b. On the thirtieth (30th) day of continuous default, or thereafter, Owner may enforce its lien on the personal property stored in the unit pursuant to Chapter 83 of the Florida Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Owner, postage amounts for mail providing .notificat. io.n .of late. charges ann auc.ti.ous, e. xpe.n, ses neee~s. ~ for the preservation of the personal property stored on the leased premises, and the expenses mcurrea m me sam or other umpos~tian ot sa~d personal property pursuant to law. Owner will Cut the locks on Occupant's unit and may remove any and all personal property located within said unit for the purpose of selling same. Owner will first attempt to sell any or all said personal property at public sale. If not sOld at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Owner. c. Owner requires full payment of past due monies in cash to cure default. If partial payment is accepted for any reason said payment would not delay or prevent the lien sale from taking place on schedule. d. Owner may cancel in writing this Agreement at any time. e. Owner may evict Occupant by appropriate legal procedure. f. Owner may accelerate and collect all past, present, and future rent and other sums due under this Agreement. g. Owner may pursue civil remedies against Occupant for collection of past due mounts. Occupant shall be responsible for reasonable collection and/or attorney's fees and disbursements incurred. 4. Third Pa~_ Interest. Occupant hereby states and swears under oath that he owns or has legal possession of any property he intends to store in the unit and the personal ,roperty is free and clear of all liens and secured interests, except for the following: Proper~y Lien Holder/ Address of Amount of Lien Descriptton Secured Creditor Creditor 5. Insurance. Occupant. at his expense, shall secure his own insurance to protect himself and his property against all perils of whatsoever nature. Insurance on Occupant's property is a material consideration of this Agreement. Occupant's failure to carry insurance is a breach of this Agreement. and Occupant assumes all risk of loss. damage, or theft to stored property that would be covered by such insurance. Insurance carried by Owner shall be for the sole benefit of Owner and Occupant shall make no claim whatsoever against Owner's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Owner in the event of loss or damage of any kind or from any cause. 6. Indenmification. Occupant agrees to indemnify, hold harmless and defend Owner from all claims, demands, and lawsuits (including attorney's fees and costs) that are brought by others arising out of the Occupant's use of unit or the storage facility. Occupant's indemnity obligation includes, but is not limited to, claims for Owner's active or passive negligence. Occupant has read and agreed to attached terms and conditions on ~il three pages of this Rental Agreement. Date: Occupant: City o.f Boynton Beach-Building Div. By: Stor-All facility representative ~ESSEE k.~;y of Boynton Beach Don Johnson P.O.Box 310 Boynton Beach, F1 33425 742-6366 RENTAL AGREEMENT June29,2001 Lease Number: LESSOR: 181 Stor-All Storage 400 E. Industrial Avenue Bovnton Beach, FL 33426 (561) 375-6661 Sales Person: G. Arguello Rental Tn formatioll Lease Number ......... Lease Type ............. Unit Number(s) ...... unit Size ................. Monthly Rate ........ 181 Month-To-Month F656 10x20 AC $ 161.50 Client Since ........................... Move In Date ........................ Anniversary / Due Day ......... Next Assessment Date .......... Paid To Date ......................... 06/13/2001 06/29/2001 29 07/29/2001 09/29/2001 Account Assessments !' Rent Amount .... $ 190.00 Discount ........... $ 28.50 Merchandise Sales ....... 0.00 Amount Paid .........$ 2,432.50 al Tax ......... $ 0.00 I;,;e~ Rent ............ $ 161.50 Se~curitv Der~osit. $ 0.00 Insurance .................... $ 0.00 Administration Fees .... $ 0.00 Total Tax Due .............$ 0.00 Amount Due ............... $ 161.50 Receipt Number... 1156 Prepaid Amount... $ 0.00 Account Balance.. $ 0.00 Oecupant agrees to all terms and conditions of this agreement. Oecupant(s) Signature: Signed this day: Ad~ ior owner Stor-All Lrag/ Signed this day: c:~mnXrptsXLEASE01.rpt Page t of 3 Requmted C~ Comm~m Mee6n~ Dates [] August 7, 2001 [] Augu~ 21, oO01 8eptmalber 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM, REQUEST FORM D~I~ F~ F~ M~ I~ Tumid in to City Cl~'k's Office ~ City Commi~ion Meeting Dates Date Final Fmma Must be Turned in to City Clerk's Office July 5, 2001 (5:00 Pan.) ~ ~19,2001 September 5, 2001 (5:00 p.m) July 18,2001 (5:00p.m.) [] October2,2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p~) [] O~tober 16, 2001 October 3, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 pan.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Bids [] Unfinished Business [] Announcement [] PreseataOon [] City Manager's Report RECOMMENDATION: Motion to approve Library Long-Range Plan for FY 2001-2004. EXPLANATION: It is a requirement of the State Library Grant Progrm that the local governing body approve the Library's updated Long-Ran~e Plan each year. The Library Board at its Au~ast 22 meetin~ reviewed the Plan and unanimously recommended that the City Commission approve it. PROGRAM IMPACT: Allows rite Library to apply for State Aid to Library Grant Program- FISCAL IMPACT: If funding is renewed by the State Legislature, this is one of the requirements that must he met in order for the library to qualify for applicatkm ~o l~e State Aid Grant Progrm~ ALTERNATIVES: Do not adopt and deny library the opportunity to qualify for State Aid Grant Program. Dn m,t tuna's Si ,au ' Cit~M_ana~er's Siommmve City Attorney / Finance /Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM. DOC Boynton' Beach City Library Long-Range Plan FY 2001-2004 A. Mission Statement The mission of the Boynton Beach City Library is to select, organize, preserve and make available, ~eely and easily, to all residents of the community, printed and other materials, within the limitations of space and budget, which will aid them in the pursuit: of education, information, research, recreation and in the creative use of leisure time; and further to provide skilled guidance in the use of the library and its materials and electronic resources. B. ServiCe Statement: The Boynton Beach City Library provides our customers with the best resources and personal service. C. Lone-Range: Goals - General Statements. The following goal statements define the philosophy of service and determine the broad2 based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0. Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 2.0. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time frame. 3.0. Independent Leal'nine. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 4.0. Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0. Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies. 6.0. Staff. The public is assisted by knowledgeable, well-trained, courteous, technology and service-oriented staff. 7.0. Teclmology. Patrons and staff use appropriate technology to facilitate access to information. 8.0. Public Relations, The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0. 10.0. 1.0. 1.1. 1.2. 1.3. 1.4. 2.0. 2.1. 2.3. 2.4. Cooperation. Palm Beach County residen{~~: have access to expanded services and resources by the library's participation in cooperatiVe networks. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization and its' operations,' policies, and procedures. Goals and Objectives. Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance fi.om courteous and intuitively alert staff. Obiective 1. Increase transactions by two percent (2%) per year, using Fy1998 as the base year, 2001,2004. Objective 2. Continue to improve patron access to reference materials and magazine arficles~ in all formats including electronic resources, by expending 10% of State Aid Funds in this area, for the period of 2002-2003. Obiective 3. Plan, develop and implement a business, finance and government information service program, 2001-2004. Ob|ective 4. Serve as the informational resource center for education issues, 2001-2004. Objective 5. Business Services. Organize and preserve records/archives for easy retrieval, FY 2001-2002. Task 1: Train minimum of 2 staff members to utilize appropriate digital imaging process. Popular, Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time flame. Objective 1. Review and update Collection DevelOpment Plan, 2001-2004. Objective 2. Increase total materials circulation (all formats) by one percent (1%) annually, 2001-2004. Objective 3. Increase total number of library cardholders by two percent (2%) annually, 2001-2004. Objective 4. Expand the collection in all formats by expending up to 40% of State Aid funds in this area, 2001-2002. 7.8. Objective 9. Support Services. Address public access software upgrades and licensing, FY 2001-2002. Task 1: Assess sol,are needs for public access computers. Task 2: Acquire appropriate soRware as determined by assessment. 8.0. ] and The 'community is aware of library/museum resources and materials staff assistance. 8.1. Objective 1. Review techniques and methods for marketing/promoting the Library throughout the community, develop and implement a public relations plan that will facilitate community awareness, 2001-2004. 8.2. Objective 2. Conduct user surveys to determine the customer satisfaction level, 200:1-2004. 8.3. Obiective 3. Continue to build a closer working relationship with news media, ongoing. 8.4. Objective 4. Utilize the Internet to promote ongoing services. 8.5. Objective 5. Special Services. Create and maintain partnerships among museum/libra/school/businesses, FY 2001-2002. Task 1: Establish 10 relationships. 8.6. 8.7. Objective 6 Special Services. Implement marketing plan for museum, FY 2001-2002. Task 1: Adopt and begin implementation of a marketing plan for the museum. Objective 7. Public Services. Enhance citizens' knowledge of library and museum services, FY 2001-2004. Task 1' Promote a different service each month. Task 2: Promote services using at least one alternate method monthly: web sites, handouts, newsletters, etc. 9.0. Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 9.1. Objective 1. Increase staff participation in Seflin, 2001-2004. 9.2. Obiective 2. Expand membership in the Library cooperative of the Palm Beaches, 2001- 2004. 9.3. Objective 3. Develop a COALA expansion of services plan and implement, 2001-2004. 9.4. Objective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches, 2001-2004. 9.5. Obiective 5. Improve access to information for residents of all ages by promoting Library Cooperative reference programs, 2001-2004. 9.6. Obiective 6. Increase the availability of library resources and services to serve special populations within the Library Cooperative service area, 2001-2004. 9.7. Obiective 7. Increase awareness of programs, services and benefits of the Library Cooperative, 2001-2004. 9.8. Objective 8. Provide equal access to public library service for all residents in the Library Cooperative service area, 2001-2004. 9.9. Objective 9. Increase the effectiveness of member library staff by providing appropriate continuing education and training oppommities, 2001-2004. 9.10. Objective 10. Promote cooperation among Library Cooperative members by involving staff at all levels in planning and evaluation, 2001-2004. 9.11. Objective 11. Support Services. Continue and expand cooperative services and staff participation in COAL& SEFLIN & the Library Cooperative of the Palm Beaches. Task 1: Provide full,time staff members opportunities to attend at least 1 cooperative activity each. 9.12. Obiective 12. Expand access by other libraries to our collection materials through interlibrary loan via FLIN/OCLC, 2001-2004. 9.13. Objective 13. Public Services. Promote visits to Town Center, FY 2001-2002. Task 1: Increase attendance at programs by 1%. Task 2: Cooperate/collaborate on minimum of 3 special events. 10.0. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 10.1. Objective 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, 2001-2004. 10.2. Objective 2. Review and evaluate existing procedural manual for relevance and currency, 2001-2004. 10.3. Objective 3. Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the library's information resources, 2001-2004. 10.4. Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and irrformation resources to the community, 2001-2004. 10.5. Objective 5. Assist in the planning, development, and implementation of a Strategic Plan for the Schoolhouse Childreh s MuseUm, 2001-2004. 11.0. Addendum A. Library Technological Services Plan. 11.1. Goal Statement. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-of-the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (WANs), internet and other telecommunication tools, cd-rom local area networks (LANs), online catalogs, websites and the like. In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the maintenance and growth of such an information rich environment. Th6 knowledge of the "how's, the what's and the where's of the technological tOols of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal consideration in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution~ of high quality and effective information services to Library's customers, including those clients with special needs and the community at large. 11.2. Subeoal 1. Provide for expanded client access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 11.2.1.Objective 1. (Hardware and Software). AcqUire the technological capability' enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, 2001-2004. 11.2.2.Ob|ective 2. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users. 2001-2004. 11.2.3. Objective 3. (Administration). Develop and implement policies and procedures, which will provide for an efficient and effectiVe public service product, an internal structure to operate and maintain the service 'and a cost effective product environment, 2001-2004. 11.2.4.Objective 4. (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access internet/Web service product, as well as other online services to the patron/user, 2001-2004. 11.3. Sublloal 2, (Partnerships). Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 11.3.1. Objective 1. (Community) Establish a team of local representatives to assist in the development of a plan of action, which would determine effective approaches to supporting and promoting technological accessibility to information by the general public. Some considerations would include the optimization of internet/Web and distant learning capabilities, 2001-2004. 11.3.2. Objective 2. (Partnerships). To establish partnerships with local community groups, organizations, institutions, etc., for the purpose of supporting and promoting public access to intemet/Web and other electronic information service relevant to patron/user needs and the needs of the community at large, 2001-2004. 11.3.3. Subobjective 1. Work with the City's Recreation, ITS and other City departments to implement the LSTA grant project establishing neighborhood electronic access nodes, 2002. 11.3.4. Objective 3, (Partnerships). Establish other community partnerships through the promotion of those services that provide increased accessibility to those information resources demonstrating the most relevance to sPecific patron needs and demands, 2001- 2004. 11.4. Sub~oal 3. (Hardware and Software). Enhance/upgrade existing access tools through the introduction of technologies and knowledges that promote efficient, effective and expanding use of and access to the wide range of informational resources by the library's patron/users and the community at large. 11.4.1. Objective 1. (Electronic Products). Enhance and expand public accessibility to the wide range of information resources through a continuing process of introducing relevant technological tools. In addition to relevance, these tools should also produce efficient, effective, secure and high quality public service product results, 2001-2004. 11.4.2. Objective 2. (Training). Develop an ongoing library staff and patron/user-training program that will establish and maintain basic technological skills. It will include internet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic information environment and gives a working knowledge of the technological tools and resources available in the library, 2001-2004. 8 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR _ Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 ITEM G '//'/4 ' Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminislxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase of one (1) forklift in the amount of $15,086.05 from National Lift Truck Service utilizing State of Florida Contract #760-001-99-1. EXPLANATION: The Utilities Department is in the process of building storage facilities at the East Water Treatment Plant site under a contract with Select Contracting. The Utilities Department needs a forklift to move items to and from storage, and unload deliveries direct from vendors. The East Site currently uses a Bobcat Skid Steer Loader for movement of items around the site. This Bobcat has limited lifting capacity and vertical access. Items include saws, generators, spare pumps, motors and pallets of meters issued by the Warehouse. The forklift requested is a LPG gas engine, pneumatic tires} 4000 lb. capacity. The unit will be able to travel the entire site and maneuver off pavement. The Department also has an electric forklift located at the West Water Treatment Plant. This forklift will remain there, it is being utilized to unload chemical drums, pallets of HTH, and other deliveries. This forklift was purchased in 1994 and was used in the original Utilities Administration Building. We relocated the unit to the West Water Treatment Plant when the Administration Building construction started and the need at the West Plant developed. It was intended for indoor use and the application at our West Water Treatment Plant is sufficient for this unit. It is not economically or operationally feasible to move one forklift between the two operation sites. SSBULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM HISTORY: Previous to the refurbishment of the Operations Technical Building, the Utilities Administration Building was .a storage building first with offices contained in it second. In November of 1998, the Department began design conversation with our consultant, Song & Associates for the new Operations TechniCal Building. The new design did nOt include replacement storage space because the existing footprint needed to be utilized for office space which was our primary concern. There was some consideration given to adding storage space to the building footprint but it was deemed not feasible at that time. Thererfore, in the 1998/1999 budget, Utilities budgeted $150,000.00 for a "Butler" type storage building to be placed somewhere on the grOunds :ofthe East Plant. In that budget year, the replacement storage building did not come to fruition, conSidering the Operations Technical Building was not complete and too much Construction on One site Would hive caused further problems with parking, mobility, etc. he Utilities Department then re-budgeted the funds inthe ! 999/2000 budget. The Operations Technical Building was occupied in May of 2000, and no storage for s_m~ll equ~,pment - was available. Staff Was simultaneously searching for a bid to utiliZe to accomplish the Butler type building. Staff found a Port St. Lucie bid in late i b99 howeVe3 the bid was declared expired. Staff continued their research and reviewed a DOT bid for a "Butler" type building for $114,000.00 but the bid was for a smaller building that did not fit our needs. At this time, it was also discussed that it may be possibile for us to build two (2) buildings for close to the $150,000.00 budget amount that was allocated. A General Services Administration vendor, Southem Construction, was solicited in September 2000 and their estimate was approximately $245,000.0OfOr two~ buildings. In early November 2000, staff inquired with Hartman & Associates, one of our general engineering consultants on a. "hard": cement block building. The engineering estimate was approximately $600,000.00. In December 2000, we found the City of Lake Worth had a bid for a "Butler" type building for their golf cart maintenance. The size of the building in the Lake Worth bid fit our ~ scope, they had electrical specifications in carts. Itwas determined we could use the Lake W, we would purchase the buildings (using the electrical work that we would need using ~ approved this bid on March 20, 2001 for approved change orders for the plumbing, ele building contract amount up to $213,342.92. This portion of their bid was beyond our tO support the charging of electric golf >ut the electrical portion~ Instead, concept) and then later, install the type of ission and on August 21,2001 thus bringing the the GSA 000.00 PROGRAM IMPACT: FISCAL IMPACT: Requisition///Amount 16876 15,086.05 Account Number 401-2810-536-91-30 $3,771.50 401-2816-536-91-30 7,543.05 401-2824-536-91-30 3,771.50 SSBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The cost is being split between three divisions by percentage of building storage and usage. A transfer from 401-2822-536-99-03, Reserve for Furore Appropriation will fund these accounts. ALTERNATIVES: The Bobcat currently in use would exceed its limits if used in the storage facilities. The unit does not have the vertical reach and capacity to lift pallets onto a storage rack. Safety would be compromised. Dep~u--tment Hea~ Department Name City Manager's Signature City Attorney / Finance / Human Resources Cci John Guidry Mark Law Bob Kenyon Barb Conboy Bob Lee Bill Atkins S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC 0 ~ 0 0 0 0 0 0 0 0 0 ~ ~ o o o o o ~ 0 z rn .-! REQUEST FOR RE~ ,,L~ S~IT!ON / I .T.E. ENTRY DATE: 8/02/01 ..T.E. REQUISITION # 16876 Clerk: J.HART Procurement Ass't: Director: ~ City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: PNEUMATIC TIRE TRUCK (FORK LIFT) FOR NEW STORAGE BUILDINGS FLORIDA STATE CONTRACT #760-001-99-1 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: NATIONAL LIFT TRUCK SERVICE Admin. ( ) Date: 8/02/01 ASAP (X) Address: 1901 NW 2Nv STREET Construction ( X ) Date Needed: ASAP Confirm. (.) FT. LAUDERDALE, FL 33311 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: ~ghone (contact): 954-462-6500 Lab ( ) Quotes/Verbal~ ( ) E. Admin. 40 (X) (over $5oo) · ROBERT SIANO Pumping (X) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. (3[) Bid Docs. (X) W. WTP 42 ( ) pWOps. ( ) Sole Source Ltr. ( ) PAJ 99 ( ) INITIATOR: TONY LOMBARDI Sewage ( X ) Insurance ( ) Special Instructions: Rexluirements: APPROVED: Strmwtr. (X) ProJect Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 14650.00 Yale Model #GPO40AF Fork Lift 14,650.00 Track, IC Engine, Pneumatic Tire, 4000 LB Capacity, Commodity #560- 650310 1 336.30 L.P. System #A27529 336.30 1 99.75 L.P. Tank #1202 99.76 TOTAL 15,086.05 401 2810 536 91 30 3,771.50 401 2816 536 91 30 7,543.05 401 2824 536 91- 30 3,771.50 O:~sac-assistance~requisition blank.doc 760-001-99-1 = Construction/Industrial Equip. & Forklifts Page i or Construction/Industrial Equipment & Forklifts 760-001-99-1 Effective: 8/20/98 through Certification Special Conditions Price Sheet Ordering Ct General Index Contractors: Badger Equipment Company Barlowofld Handling Company Briggs Construction Equipment Company www.briggsequipment.com Custom Trailer, Inc. Industrial Tractor Company JCB, Inc. L. B. Smith, Inc. Lift Power, Inc. Mid-Florida Forklift, Inc. National Lift Truck Services Pioneer Machinery Inc. Ringhaver Equipment Company RWG Farm Trailer Sales The Gradall Company http://www, gradall.com http://www.myflorida.com/st_contracts/760001991/ 8/10/2001 ORDERING INSTRUCTIONS Page 1 of 1 NOTE: NATIONAL LIFT TRucK SERVICES ORDERING INSTRUCTIONS ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: 591589246--001 VENDOR: NATIONAL LIFT TRUCK SERVICES (A) STREET ADDRESS OR P.O. BOX: 1901 NW 2ND STREET CITY, STATE, ZIP: FORT LAUDERDALE, FL 33311 TELEPHONE: 954-462-6500 TOLL FREE NO.: N/A ORDERING FAX NO.: 954-462-4255 REMIT ADDRESS: 1901 NW 2ND STREET CITY, STATE, ZIP: FORT LAUDERDALE, FL 33311 ~RODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: ROBERT SIANO ADDRESS: 1901 NW 2ND STREET CITY, STATE, ZIP: FORT LAUDERDALE, FL 33311 TELEPHONE: 954462-6500 TOLL FREE NO.: N/A URL HOME PAGE ADDRESS: N/A ELECTRONIC MAIL ADDRESS: N/A http://www.myflorida, com/st_contmcts/760001991/order l!0.htm 8/10/2001 ADDi-FIONAL MODELb Page ~ or z ADDITIONAL MODELS The additional models listed below are ~ACTURER'S STANDARD BASE UNITS with percentage discounts offthe manufacturer's current Published retail prices. The percentage discounts are shown following the listing of additional models. COMM. CODE DESCRIPTION 560-650-305 560-650-310 Forklift Track, IC Engine, Pneumatic Tire, 3,500 lb. Capacity (Daewoo Model G-18S) Forklift Track, IC Engine, Pneumatic Tire, 4,000 lb. Capacity (Yale Model GP 040AF) PERCENTAGE DISCOUNTS FOR YALE MODELS Discounts apply to manufacturer's current published price retail prices. BIDDER *DISCOUNT F.O.B. DEALER MAKE NATIONAL LIFT TRUCK 0.00 YALE Percentage Discount of 43% off current published retail prices for a Manufacturer's Standard Base Unit, date of currem published retail price book: _12/1/97. Percentage Discount of 43% off currem published retail prices for attachments/equipment, date of current published retail price book: 12/1/97. NOTE TO USER: The Percentage Discount indicated for Attachments/Equipment applies only to Attachments/Equipment supplied directly from the manufacturer of the brand unit bid and listed in manufacturer's current published retail price book. Attachments/Equipment supplied by the contract holder from a source other than the manufacturer of the brand unit bid may not have the same percentage discount. *Discount for pickup by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 60-90 DAYS PERCENTAGE DISCOUNTS FOR DAEWOO MODELS Discounts apply to manufacturer's current published retail prices. BIDDER *DISCOUNT F.O.B. DEALER LIFT POWER, INC 250.00 DAEWOO http://fcn.state.fl.us/st_contracts/760001991/price9.htm 6/28/2001 1. percentage Discount of 47.5% offcurrent publishedretaiI prices for a Manufacmrer?s Standard Base Unit, date of current published retail price book: 12/1/96. 2. Percentage Discount of 47.5% offcurrent published retail prices for attachments/equipment, date of current published retail price book: 12/1/96. NOTE TO USER: on13 unit bid and listed in manufacturer's current published retail price book. Attachments/Equipment supplied by the contract holder from a source other than the manufacturer of the brand unit bid may not have the same percentage discount. *Discount for pickup by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 60 DAYS 6/28/2001 ~JU1,I-14-2001 0~:01 AM P.O1 ../ Yell GP-AF and itF ,~lerlaa Pneumatic Lilt Truaks are available in eeveral fuet and engine options, including Gasoline; Uquid Petroleum Gas (LPG), Gore- pressed Natural Gas (CNG), and Die- scl Powered. The AF and ElF serie~ offer a wide range of featuges designed around the opera/or, reeulting in a quiet, comfortable, easy to clrive performer. The GP-AF and BF Series feature an ergonomically desl§ned, Isolaatlcaily suspended operator's compartment designed to improve o.per?or c.omfort~ end productivity'by reauemg noise arm vibration. A three.position flit steering eotumn and an adjustable vinyl-covered bucket seat with operator's hip restraints and retracting seat belt are standard. The instrument panel con. tsins a fuel gauge, c~olant temperature gauge, oli pressure tamp, charging sys- tern lamp, transmission oil temperature lamp, seat belt warning lamp, and an engine hour meter. Note: LPG CNG de NOT have fuel gauge-- ael Modela Include Gla~-PlueJ Lamp and ~lmentm' Lamp. G~/LPQ/CNQ .Engine 81aeelfleatlona GP-BF ~ Engine Yale Ds C;yllncle~ 4 Cat.abaft Overhead Valve Cr~mkshalt 5 Bead~g SUl~rted Oi~acement 1,5 Lite~ Ho~er 30,0 (~.' 2400 RPM Torque 72.3 fi-lb (98 N-M) ~ 1600 RPM Engipe Yale FE Cylim:le~ 4 Gamshaft Oved'mad V~ Cmnk~ 5 B~ S~ D~{ 2.0 LRer H~r ~.0 C~ 2~ RPM To~e ~0~.3 fl~ (1~ N~) ~ 1~ ~M Engine Feature~ High Energy Ignition (HEI) for Increased spark plug life and starting . ease,Vacuum Comml Valve (VCV), aha a cross-flow hemL~phedcel head design contribute to provide optimum power while maintaining excellent fuel e~anemy. Dle~et Crankshaft Homepower RPM ¢~. 1 ~ RPM Engine Featuma ~ ~e ~ O~1 ~!~ ~atur~ lng ~ ~ w~th?, Rl~o~ ~el inj~, ~ a ~C~k~ ~nU~n (~V) s~m. ~e~ ~ae- of-t~ fea~e~ pr~u~ a ~a~ burning, ~el~m ~er plant ~h proven du~llRY, F~ ~m in~s a g.g gal- I~, (37.S liar) ~el tank~ G~ e~ine ~an~ ~ ~, ~1 ~ne ~atu~ pr~i~ ~ fuel init- lhmtmltlion ia a 81rlgle-range, pow. ershiff type with ,electric Shift, controt,'ol, A single 'adjustable pedal controls both inc~ng and bral~;Ing. Control valve is exlerrially mounted for ease of service- ability. Neutral start sWitch and Anti- fleat~rt pro[eotion are ~d. 1 mesh s~ction and 10 micron return line filtration protect the transmission from abrasive contaminants. 15 inch lul~d- heat 13 psi (0.9 coolant recov- ~ of coolant inte- and is located (Continued on t~aCk page) ManUfactured In ~ 900~ Regl~.~,d Fadlltl~ P.02 jUN--14--2001 0~:04 AP1 P.O~ ..J JUN--14--2~O1 ~:05 AM P.04 l cu~mer ID , . , NATIONAL. ,.LIFT TRUCK SERVICE INC 190t NW 2ND STREET FT LAUDERDALE FL 3331t - (954)482-8500 TO'tALOn Terrr~ NET ~0 FOB Pm,oW / C=//ee/ Tex exempt ......... Exemp#on no. AUdm= (/M 2) Phone 1.581.742.8403 Fez 1.561-7426298 ~yn~me ~LAW only if the name end' not lfle e. gfl',e as the 8OLD TO name addre66. C/ty, State or,°mv. Company name CITY OF BOYNTON BEACH LIFT TRUCK SERVICE/NC Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7,2001 [] August 21. 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA, ITEM QUEST FOR Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM H. Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a payment to U.S. Filter in the amount of' $16,600.00 for the repair of two sanitary sewer pumps at Lift Station 356. EXPLANATION: On April 23, 2001 one of two major pumps at Lift Station 356, located east of the end of E. Boynton Beach Blvd., failed and it was shut down. Bypass equipment was obtained and put in place on April 26, 2001. Within a few days of the bypass installation, the remaining Davis EMU pump failed and this was also shut down. To have both pumps at a master lift station fail within the same time period is an extremely unusual situation. It was determined that we needed a second diesel powered bypass pump to serve as standby. The Utilities Department contacted U.S. Filter of Thomasville, GA who is the southeast region distributor of Davis EMU Pumps. They arranged to have the pumps picked up; and, they advised us of a not to exceed estimate of repair for both pumps. Based on the prices quoted it was determined that is was reasonable to repair both pumps and return them to service as soon as possible. The pumps were repaired and returned on May 15th and June 14, 2001. This allowed the station to return to normal operation at that time. PROGRAM IMPACT: Both pumps at a Master Lift Station in the downtown area failed and bypass equipment was temporarily installed. Repairs were ultimately made to the pumps and returned to service with no problems experienced. SNBULLETIN~ORMff~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: There are two invoices for $7,300.00 and $9,300.00 totaling $16,600.00 for the repair to both pumps on requisition #16048. Funds are available in account #401-2816-536-46-51 Lift Station Repairs. ALTERNATIVES: These pumps were not under warranty and a new pump costs approximately $35,000 to $40,000.00 with an eight to twelve week delivery time. Since these pumps needed to be repaired immediately, there appeared to be no other alternatives available at the time. IYe~artment Head's(~ignature Department Name City Manager's Signature City Attorney / Finance / Human Resources cci John Guidry Mark Law Tony Lombardi Barb Conboy Bill Atkins S:~BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION ~t.T.E. ENTRY DATE: 6-12-01 rI.T.E. REQUISITION # 16048 Clerk: J. Hart Procurement Ass't: Director: City Manager (non budgeted caDital and/or $5000+): REASON FOR PURCHASE: Emergency Pump Repair at LS 356 - both pumps failed VENDOR INFORMATION: DMSION: OTHER INFORMATION: Namei U.S. Filter Admin. ( ) Date: 6-12-01 ASAP , ( ) Address: P.O. Box 101371 Construction ( ) Date Needed: Come-ming Cotn~um. (X) . Atlanta, GA 30392-1371 Cust. Rel. ( ) ASAP/Conf. ( ) ~ Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: .... ~hone (contact): Craig Smith Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x ) (over $500) , Pumping (x) Quotes/Written ( ) E. WTP 41 ( ) I(over $2000) Vendor Number: 709 PWMaint. ( ) Bid Docs. ( ) W. W'I? 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: Agenda Item Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 7,300.00 In¥oice #3009253 repair 120 Hp pump 401 2816 536 46 51 7,300.00 at LS 356 serial number 259480 1 9,300.00 Invoice #3009474 repair 120 Hp pump 401 2816 536 46 51 9,300.00 at LS 356 Serial #247898 $16,600. U:\conboyuserdata\wordata\wordfileXrequisition blank.doc ...taking care of the worM's water. Davis Products BOYNTON BEACH, PO BOX 310 BOYNTON BEACH, I7 Remit to: PO BOX 101371 ATLANTA, GA 30392-1371 Thomasville, GA Phone: (229) 226 5733 Fax: (229) 226 8337 ~ BOYNTON BEACH, CITY OF H Po BOX 310 P BOYATTON BEACH, T O Job: POO FL 3'3425-0310 Invoice 3009253 Date 05/25/01 Salesperson 96 96 96 96 Your Order~ VERBAL CITY OF FL 33425~0310 Account Date Ship Shipped Via Collect F.O.B. Terms BOY152994 05/14/01 TRUCK Y ORIGIN NET 30 DAYS Quantity Description Discount Unit Price Amount RE~AIR OF SERIAL NO. 259480 1 REPAIR 7300.00 7300 . 00 WELDING & CC WO 749 TOTAL TAX 0.00 DVINVHP 5/O1 oVfVENO ware r company Please pay this amount ~UN. -11' 01 (MON) 13:26 DAVIS EMU TEL:912-226-4793 P. 001 DAVCO PRODUCTS 182B METCAL~: AVENUE THOMASVILLE, GA 31792 TELI~PHONE! 912-226-5733 FACSIMt~ 912-228-0312 June 11, 2001 Mr. Tony Lombardi City of Boynton Beach, FL 561-742-6298 FAX Re: Pump Quote Tony: The first repair on the 120HP pump will be $7300.00 dollars. This is a complete rebuild, beatings, mechanical seals, orings and stator pack and balancing as a unit. If you have ~' any questions, call me at anytime. justomer Service Manager ...taMng care of the world's water. Davis Products BOYNTON BEACH, CITY OF PO BOX 310 BOYNTON BEACH, FL 33425-0310 Remit to: PO BOX 101371 Invoice 3009474 ATLANTA, GA 30392-1371 Date 06/~.7/o~ Thomasville, GA Salespemon 96 96 96 96 Phone: (229) 226 5733 Your Order~ TONY LOMB~RDI Fax: (229) 226 8337 S BOYNTON BEJkCH, CITY OF H po BOX 3~0 I P BOYNTON BEACH, FL 33425 - 0310 T O Job: po0 Account Date Ship Shipped Via Collect F.O.B. Terms BOY152994 06/20/01 TRUCK Y ORIGIN NET 30 DAYS Quantity Description Discount Unit Price Amount THIS INVOICE IS FOR THE RW. PAIR OF SERIAL ND. 247898 OK' D BY TONY LOMBARDI PER CRAIG SMITH 1 SERIAL $247898 9300.00 9300.00 JUL - 2 2001 TOTAL TAX 0.00 -- 0 00 FREIGHT ' 9300. O0 DVlNVHP 5/O1 oV 'VENDI water company Please pay this amount R O. ~x 141~ ~171~1 'lllorrm~ ~ ~17~ John AL~t~ce Pump ~ i~otor 2:~.~0 Scott Avenue i~est Pa:~ Re: ]3~ Setvtce Center Jo]~ & To ~ It May c~ern; .6~ianca ~o ~ Motor ts 'the .r~vis ~lJ service have a~y questioma &ire me a call at a~i~e, pAVIS Cu~t&~: Se~r~ce ~mager 'o F' ,nAGm:~CrRIC MOTORS & PUMPS 2~12 INDUDI'RIAL DRIVE PANAMA CITY, F1. ~2405 SS0 763-93S6 I~AX SS0 7t15-S545 JOB~ MAKE RPM SERIAL # TYPE VOLTS AC PHASE FORM EQUIPMENT RECEIVED: .MOTOR GENERATOR AC FIELD SLIP RING VARI-DRIVE OTHER PO~ HP ~ FRAME DUTY MODEL /:'-/~ ~'.~z-~.~.; STYLE: FL AMPS ........ CODE SF DC STATOR ROTOR ADJ SPEED BRAKE ARMATURE SYN GEARHEAD ~EASON FOR FAILURE GROUNDED O~ERLOADED ./,~ORTED BEARING FAILURE .~ ~ / 3TH ER-EXPLANATION-~~.Z~~ IN, O~KED PERFORMED ON UNIT ~OUND RECONDITION .~ AND BAKE ,I.~INATIONS REPAIRED ~.~RE IRON TESTED ~&'[JRGE COMPARISON TEST_El;). _~'~FT REPAIRED: DE~ ~_.,RAIGHTEN ~:~,~-. /,-RI3TOR BALANCED W/COUPLING BORE AND BUSHING FRAME: DE TURN AND UNDERCUT COMMUTATOR TURN RINGS OTHER-EXPLANATION ODE W/FAN_ W/HALF KEY ODE FINAL TE,~' AND INSPECTION ~ . (MEG_OHMS) FINAL INSULATION RESISTANCE AT PHASE BALANACE A //o, , B'~/'~- , C ~ AMPS AT RUN NO LOAD A VIBRATION ANALYSIS ~ , B /-~'/ , C ~ AMPS AT DE ODE HORIZONTAL HORIZONTAL VERTICAL VERTICAL ACTUAL ACTUAL CO~ENTS AND REQUIRMENTS .~TOR BALANCE CHECK ~3~E BEARIN~-~-~/~ OE BEARING~ SEAL MOTOR LEAD ENTRANCE TO MOTOR MOTOR LEADS AT LEAST 12" ~VOLTS _~5~VOLTs VOLTS /,~~ECK RUN OUT & END PLAY ON SHAFT REPAIR BROKEN FEET & CRACKED COVERS DISCHARGE PIPES CLEANED & REFILLED W/NEW GREASE 2312 I~5umtrial Drive ?armma City. Flcxida 32405 AAG ELECTRIC MOTORS & PUMPS;, INC. Compute~ized Dynamic Balancing Report Customer Date : 05/10/~00I Time : 14:40:42 ~Operator : MIK~ R ~. O. No. : TWO Plane Overhung Balance Item Balanced Balancing specification: Ne_ma & Dyna-Bal NEMA Spec: 2.000 mil Balancin~ R~: 4~3.67 Balance Conditions · Start Finis~ ~. oos ~ Residual Unbalance : 25.62 g~ , 0.90 oz Right Side : 23.75 9m , 0.~4 ox Left Sl~e This Item is Balanced To : 204.99 9~-i~ , ~.231 oz-in Ri.~ht Side : 190.04 ~m-in , 6,703 oz-in Left Side Key Used Drive ~nd O..O0~wide x 0.00 thick x 0.00 long Rear End 0.00 wide x 0.00 thick x 0.00 long VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FOR , Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7,2001 July 18, 2001 (5:00 p.m.) [] October2, 2001 September 20, 2001 (5:00 p.m.) [] August21,2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 NATURE OF AGENDA ITEM August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a payment to Godwin Pumps of America in the amount of $15,615.00 for rental of by- pass pumps at Lift Station 356 during pump failure. EXPLANATION: On April 23, 2001 one of two major pumps at Lift Station 356, located east of the end of E. Boynton Beach Blvd., failed and it was shut down. The Utilities Department made a determination that it was necessary to install a diesel powered bypass pump as a backup in case the other pump failed. Several pump contractors were contacted including Thompson Pump, MWI Pumping and Godwin Pumps of America. We determined that Godwin Pumps of America was the only vendor that had a pumping system that would meet the requirements. The requirements were related to volume and head conditions for the amount of wastewater traveling through this Lift Station. Godwin Pumps agreed to deliver and install the equipment on a verbal authorization from Tony Lombardi, which Tony got from John Guidry, Utilities Director; and, the equipment was put in place on April 26, 2001. Within a few-days of the bypass installation, the remaining Davis EMU pump failed and this was also shut down. To have both pumps at a master lift station fail within the same time period is an extremely unusual situation. It was determined that we needed a second diesel powered bypass pump to serve as a standby. S:',BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM PROGRAM IMPACT: Since both pumps at this Master Lift Station ultimately failed, it was vitally important to the health, safety and welfare of the community that temporary, rental pumps were put in place to keep the lift station operational. FISCAL IMPACT: There is an invoice for $15,615.00 for the rental of the pump equipment on requisition #16049. are available in 401-2816-536-44-30, Equipment Rental. Funds ALTERNATIVES: Since both pumps in Master Lift Station #356 failed, and since keeping the lift station operational was a - matter of health, safety and welfare to the community, there were no alternatives to renting the temporary pumps. Department Name City Manager's Signature City Attorney / Finance / Human Resources cc: John Guidry Mark Law Tony Lombardi Barb Conboy Bill Atkins SSBULLETtN'dVORMSXAGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION I H.T.E. ENTRY DATE: 6-12-01 .4.T.E. REQUISITION # 16049 Clerk: J. Hart Procurement Ass't: Director: LI city Manager (non budgeted i capitol and/or $5000+1: REASON FOR PURCHASE: Emergency Pump Rental for LS 356 by-pass - during pump failure VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Godwin Pumps of America Admin. ( ) Date: 6-12-01 ASAP ( ) Address: Floodgate Road Construction ( ) Date Needed: Confirming Confirm. (x) . Bridgeport, NJ 08014 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: · ~hone (contact): Lab ( ) QuotesNerbal ( ) E. Admin. 40 ( x ) ~ (over $500) Pumping ( x) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 7007 PWM~t. ( ) Bid Does. ( ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Requirements:Insurance ( ) Special Instructions: APPROVED: Strmwtr. ( ) Project Number: Agenda Item Quan. Unit Price DesCription & Part Number FUnd Dept Basic Elem Obi AmoUnt 1 15,615.00 Invoice #301858A for Pump Rental 401 2816 536 44 30 15,615.00 April, May, and June 2001 I U:\conboyuserdata\wordata\wordfileXrequisition blank.doc m _o oz x 0 - m m O~H O¸° 0 ~0~ O"q VIT - CTTY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOR Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] July 17. 2001 July 5. 2001 (5:00 p.m.) [] September 19. 2001 [] August 7. 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 [] August 21, 2001 August 8.2001 (5:00 p.m.) [] October 16, 2001 [] September 4. 2001 August 22. 2001 (5:00 p.m.) [] November 6. 2001 Date Final Form Must be Turned in to City Clerk's Office September 512001 (5:00 p.m.) September 20. 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~. [] City Manager's Report RECOMMENDATION: For Information Only EXPLANATION: Enclosed for your information and review is the 2001-2002 budget of approximately $4.9 million, adopted by the Board of the Community Redevelopment Agency at its meeting on September 11, 2001. For the first time this CRA budget includes $158,669 in direct personnel expense for a three person staff consisting of an Executive Director, Accountant and Administrative Secretary. Also included are funds for the rental of office space and a provision for furnishings. PROGRAM IMPACT: Based on anticipated tax increment (TIF) revenues of approximately $943,000, and assuming the Commission's authorization of the CRA's $3 million loan, it is anticipated that the agency will be able to commit approximately $3.9 million to property acquisition and capital improvements in the CRA area in the coming fiscal year. FISCAL IMPACT: The CRA budget creates the opportunity for blight removal and land assembly for redevelopment in the CRA area without recourse to either the city's capital or operating budgets. ALTERNATIVES: L'ISe(elopn~ent D~rector City Manager's Signature Development Department Department Name City Attorney / Finance ! Human Resources Alt. - B Community Redevelopment Agency Proposed 2001-2002 rBUdget Fund: 121 Account Description Personnel: 12-10 Regular Salaries 14-10 Overtime 21-10 Employer FICA 23-10 Life Insurance 23-20 Disabiliy Insurance 23-40 Health Insurance Total Personnel Services: Operating: 32-10 Audit Fee 40-10 Mileage Reinbursement 40-12 Business Meetings 44-42 Office Rental Capital: 44-31 46-22 47-10 31-11 31-91 49-66 49-17 49-41 71-01 72-01 73-02 Copy Machine Rental Corn puter Maintenance Printing and Binding Legal Fees City Staff Services Fa(~ade Grant Other Contractual Services License, Fees, & Permits Debt Service Principal Debt Service Interest Bond Issuance Expense 51-10 Office Supplies 54-10 Books & Publications 54-20 Memberships 54-36 Career Development Total Operating Expenses: 61-02 CRA Land Acquisition 63-07 CRA Improvements 64-16 Furniture & Fixtures Total Capital Outlay: Non-Operating: 91-02 Transfer to Self Ins./W.C. 91-22 Transfer to Comm. Impr. 99-03 Rsv. for Future Approp. 99-04 Economic Incentives Total Non-Opearting: Grand Total * Assumes approx. Bank of America closing costs which include the bank's reasonable attorney's review fees of up to $2,500 & a one-time loan set-up fee of $1,500. ** Assumes a Bank of America $3M loan @ 7.28% for 15 years. *** Assumes approximately $1million carried forward from- FY 2001 plus approximately $943,240 in TIF revenue for FY 2002. $ ~$ ~$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 01/02 Request 136,532.00 1,500.00 10.445.00 t65.00 901.00 9.126.00 Justification 158.669.00 Director. Admin. Secretary, Accountant City clerk staff workshop meetings 350.00 2.400.00 950.00 8.400.00 4.000.00 8,400.00 1,500.00 25,000.00 25,000.00 50,000.00 35,000.00 114,800.00 214,500.00 4,000.OO 600.00 1,800.00 500.00 49K000.00 700 sq. ft at $12/sq. ft. T1 line required to connect to city server Publications - Misc. Consultant Services Break-down of 2 semi-annuual payments-~* Break-down of 2 semi-annuual payments* Closing cost fees & loan set-up fee** 3.726.971.00 250 000.00 10,600.00 3;98K571.00 300,000.00 $ 300,000.00 $ 4,943,240.00 *** VI:.-CONSENT AGENDA ITEM 3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetin,q Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetin.q Dates Date Final Form Must be Tumed in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August7,2001 [] August21,2001 [] September4,2001 NATURE OF AGENDAITEM July 18, 2001 (5:00 p.m.) [] October 2, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) october 2ool Development Plan s Legal ¢ Unfinished Business Presentation RECOMMENDATION: Staff recommends the approval of the land purchase of Lot 13, Block 9, BOYNTON RIDGE SUBDIVISION, in the amount $14,500 for use in the City's Affordable Housing Infill Program: EXPLANATION: The City Of Boynton Beach conveys title of city-owned lots to individuals who are qualified by lending institutions for the purpose of building homes. It has been the policy to accept through donation, tax deeds, and purchase vacant land for this use. Ms. Debra Whitman-Bode, a.k.a. Debra Falcan, has asked for and accepted the City's offer of the appraised value of this property. PROGRAM IMPACT: Currently vacant lots throughout the City do nothing but cause problems for the landowners and Code Compliance, i.e., overgrowth of vegetation and/or dumping by others. Built up, they decrease the slum and bi ight of their respective communities. Awarding this lot to a qualified individual hal ps make housing more affordable, as this cost is not passed on to the purchaser. FISCAL IMPACT: The purchase price of $14,500 is the appraised value. Acquisition of this vacant property would enable an eligible Infill participant to build a home that would increase the tax base a minimum of $50,000 after tax exemptions. ALTEI~NATIVES: Not to purchase this lot, which would be in non-compliance with our Local Housing Assis,t~ce Plan (LH~.p.~s outlined for State Housing Initiatives Pad~ne~~ng eligibility. ~" Depa~e1~t H~ad s ~'ign~ture City Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY TO ISSUE ITS PROMISSORY NOTE, SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,000,000; AUTHORZING THE CITY TO GUARANTY THE OBLIGATIONS OF THE COMMUNITY RDEVELOPMENT AGENCY UNDER THE NOTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intention of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency to finance the amount of $3,000,000 for the purpose of providing funds for various community redevelopment projects; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Boynton Beach Community Redevelopment Agency is hereby authorized to issue its Promissory Note, Series 2001, in the principal amount of $3,000,000, and having such other terms and conditions as set forth in the form of said Promissory Note attached hereto as Exhibit "A". Section 2. Upon issuance of the Note, the Mayor or Vice-Mayor of the City are hereby authorized and directed to execute the Guaranty of CRA Note in the form attached hereto as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Commissioner Commissioner ATTEST: City Clerk Commissioner (Corporate Seal) s:ea~eao~Support for CRA Loan090701 September 20, 2001 $3,000,000.00 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMIS S ORY NOTE KNOW ALL MEN BY THESE PRESENTS that the BoyntonBeachCommunityRedevelopment Agency(the "Issuer"), a public body corporate and politic created and existing pm-suant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinatter provided, to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of $3,000,000.00, together with interest on the principal balance outstanding at the rote per annum of % per annum based upon a year of 360 days for the actual number of days elapsed. Principal ofand interest on this Note are payable in lawfifl money of the United States of America at such place as the Owner may designate to the Issuer in writing. The principal ofand interest on this Note shall be payable in one hundred eightyequal installments of $ each, due and payable on the 20th day of each month, commencing October 20, 2001, until all unpaid principal hereon shall have been paid in full. The entire unpaid principal balance, together with all accmed and unpaid interest hereon, shall be unconditionally due and payable in full on September 20, 2016 (the "Maturity Date"). If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the Loan Agreement (hereinaRer defined)) the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the OWner, and the balance thereof shall apply to principal. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole, or in part, at any time. Prepayments of principal shall be applied to the scheduled installments of principal hereon in inverse order of mamrit3t. If there is a prepayment of any principal, whether at the option of the Issuer or because of acceleration, the prepayment shall be accompanied bythe arnount of accrued interest on the amount prePaid, and a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate the Owner forany loss, cost or expense incurred by it as a result of the prepayment, including any loss of anticipated profits and any loss or expense arising from ~ liquidation or re-employment of funds obtained by it to maintain the credit or from fees payable to terminate the deposits fromwhichsuch funds were obtained. The Issuer shall also pay any customary administrative fees charged by the Owner in connection with the foregoing. For purposes of tiffs paragraph, the Owner shall be deemed to have funded the loan evidenced by ltais Note by a matching deposit or other borrowing in the applicable interbank market, whether or not the loan was in fact so funded. Upon the occurrence of an Event of Default (as defined in the hereinafter definedLoanAgreement) hh_e Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay ('out only from the Pledged Revenues) as part ofthe indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such reasonable appeal or incurred in any proceeding under bankruptcy laws as they limitation, claims, automatic stay. If any payment hereunder is not made ' shall also be obligated to ~f5% of the delinquent rate on this Note s The Issuer to the extent permitted by law hereby waives presentment, demand, protect and notice of dishonor. THIS NOTE AND THE INTEREST HEREON CONS~S A LIMITED INDEBTEDNESS OF THE ISSUER. THE . OTHER AMOUNTS PAYABLE BY THE FROM This Note is issued pursuant to a Resolution duly adopted by the Issuer on September 19, 2001, as from time to time amended and Agreement, dated of even. is subject to all the terms and conditions provisions of the Resolution and 1 part of this Note. Terms used herein in and meanings ascribed thereto in the Resolution and Loan Agreement. the "Resolution") and a Loan Agreement"), and md This Note may be exchanged or transferred by the Owner hereof but Only upon the registration books maintained by the Issuer and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all actsi conditions and prerequisites required to exist, happen and be performed precedent to and in the execulion, delivery and the ~ssuance of this Note do exist, have happened and have been performed in duel and manner as required by law, and that the issuance of this Note ; not exceed or violate any constitutional or statutory limitatio~ 2 IN WITNESS WHEREOF, BoyntonBeach Community Redevelopment Agency has caused th/s Note to be executed inits name bythe manualsignature ofits Chairmanlhis 20thday of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:. (]:\02345'02XPromissoty Note(l).wpd 3 Guaranty of CRA Note Lender: Bank of America, N.A. 9000 Southside Boulevard Building 100 FL9-100-03-15 Jacksonville, FL 32256 Guarantor: City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 "Borrower": Boynton Beach Community Redevelopment Agency (Borrower's Name) 1. Guaranty. FOR VALUE RECEIVED, and to induce Bank ofAmerica, N.A., its successors and assigns ("Lender"), to make a loan to Borrower, the undersigned ("Guarantor") hereby irrevocably and unconditionally guarantees to Lender the full and prompt payment when due, whether by acceleration or otherwise, ofany and all Liabilities (as hereinafter defined) of Borrower to Lender. This Guaranty of CRA Note (this "Guaranty") is continuing and unlimited as to the amount, and is cumulative to and does not supersede any other guaranties. Guarantor further unconditionally guarantees the faithful, prompt and complete compliance by Borrower with all Obligations (as hereinatter defined). The undemakings of Guarantor hereunder are independent of the Liabilities and Obligations of Borrower and a separate action or actions for payment, damages or performance maybe brought or prosecuted against Guarantor, whether or not an actionis brought against Borrower or to realize upon the security for the Liabilities and/or Obligations, whether or not Borrower is joined in any such action or actions, and whether or not notice is given or demand is made upon Borrower. Lender shall not be required to proceed first against Borrower, or any other person, or entity, whether primarily or secondarily liable, or against any collateral held by it, before resorting to Guarantor for payment, and Guarantor shall not be entitled to assert as a defense to the enforceability ofthe Guaranty any defense of Borrower with respect to any Liabilities or Obligations. 2. Paragraph Headings, Governing Law and Binding Effect. Guarantor agrees that the paragraph headings in this Guaranty are for convenience only and that they will not limit any of the provisions of this Guaranty. Guarantor further agrees that this Guaranty shallbe governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, and is performable in the State of Florida This Guaranty is binding upon Guarantor, its successors or assigns, and shall inure to ltae benefit of Lender, its successors, indorsees or assigns. 3. Definitions. A. "Guarantor" shall mean City of Boynton Beach, Florida. B. "Liabiliq'" or "Liabilities" shall mean without limitation, all liabilities, indebtedness, and obligations of Borrower and/or Guarantor to Lender, whether direct or indirect, absolute or contingent, joint or several, secured or unsecured, due or not due, whether now existing or created in the future, arising out of the Loan Agreement, dated as of September 20, 2001, by and between Borrower and Lender (the "Loan Agreement") and the PromiSsory Note (the "Note"), also dated September 20, 2001, made by Borrower and payable to Lender in the principal amount of $3,000,000 and all expenses (including reasonable attorney's fees and cost of collection) incurred in the collection thereof or the enforcement of rights thereunder. C. "Loan DoCuments" shall mean this Guaranty, the Loan Agreement, and the Note. D. "Obligation" or "Obligations" ~hall mean all terms, conditions, covenants, agreements and undertakings of Borrower and/or Guarantor under the Loan Documents. 4. Waivers by Guarantor. Guarantor waives notice of acceptance of this Guaranty, notice of any Liabilities or Obligations to which it may apply, presentment, demand for payment, protest, notice of dishonor or nonpayment of any Liabilities, notice of intent to accelerate, notice of acceleration, and notice of any suit or the taking of other action by Lender against Borrower, Guarantor or any other person, any applicable statute of limitations and any other notice to any party liable on any Loan Document (including Guarantor). Guarantor also hereby waives any claim, right or remedy which Guarantor may now have or hereafter acquire against Borrower that arises hereunder including, without limitation, any da/m, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, fight or remedyofLender again.qt Borrower or against any security which Lender now has or hereafter acquires, whether or not tach claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Guarantor also waives the benefits of any provision of law reqmring that Lender exhaust any right or remedy, or take any action, against Borrower, any other person and/or property. Lender may at any time and from time to time (whether before or after revocation or termination of this Guaranty) without notice to Guarantor (except as required by law), without incurring responsibility to Guarantor, without impairing, releasing or otherwise affecting the Obligations of Guarantor, in whole or in part, and without the indorsemem or executionby Guarantor of any additional consent, waiver or guaranty: (a) change the manner, place or terms of payment, or change or extend the time of or renew, or reduce any interest rate or alter any Liability or Obligation or installment thereof, or any security therefor but Lender may not increase the interest rote or principal amount of the Note without Guarantor's consent; (b) exercise or refiain bom exercising any rights against Borrower (including Guarantor) or act or refiain l?om acting in any other manner; (c) settle or compromise any Liability or Obligation or any security therefor; (d) release or compromise any Liability o fGuarantor hereunder or any Liability or Obligation of any other parties primarily or secondarily liable on any of the Liabilities or Obligations; or (e) apply any sums bom any sources to any Liability without regard to any Liabilities remaining unpaid. 5. SUbordination.: Guarantor a~s(x) offor set- would has and bom time to time Lender in sUCh s. would or event assets of Borrower shall be~made and postponed in priority, operation and effect to any security interest of 6. Waivers by Lender. No delay on the part of Lender in exercising any of its options, powers or rights, and no partial or single exercise thereof, shall constitute a waiver thereof. No waiver of any of its rights hereunder, and no modification or amendment oflhis Guaranty, shall be deemed to be made by Lender unless the same shall be in writing, duly signed on behalf of Lender; and each such waiver, if any, shall apply only with respect to the: specific instance'involved; and shall in no way impair the rights of Lender or the obligations of Guarantor to Lender in any other respect at anyother time. 7. Termination, This Guaranty is irrevocable by Guarantor. 8. Partial Invalidity and/or Enforceab'dity of Guaranty. The unenforceability or invalidity of any provision of this Guaranty shall not affect the ~enforceability or validity of any other provision herein and the invalidity or unenforceability of anY provision of'any Loan Document as it may apply to any person or circumstance shall not affect the enforceability or validity ofsuchpmvision as it may apply to other persons or circumstances. In the event Lender is required to relinquish or remmthe payments, the collateral or the proceeds thereof, in whole or in part, which had been previously applied to or retained for application against any Liability, by reason of a proceeding arising under the Bankruptcy Code, or for any other reason, this Guaranty shall automatically continue to be effective notwithstanding any previous cancellation or release effected by Lender. 9. Change of Status. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower mergers or consolidates withanother entityor changes its name, status or type of entity. 10. Financial and Other Information, Guarantor agrees to furnish Lender with Guarantogs annual audited financial statement by the date 270 days after each fiscal year of Guarantor. Guarantor acknowledges and agrees that Lender's ability to monitor and evaluate the stares of the Liabilities is dependent upon Guarantor's timely providing the financial information required herein. In addition to all other rights and remedies Lender has should Guarantor fail to timely provide the financial information, including declaring a default under the Loan Documents, Lender may charge Guarantor a late fee of $500.00. The charging and/or payment ofthe late fee is not a waiver of the Guarantor's continuing obligation to provide the required financial information. Guarantor has made an independent investigation of the financial condition and affairs of Borrower prior to entering into this Guaranty, and in entering into this Guaranty Guarantor has not relied upon any representation of Lender as to the financial condition, operation or creditworthiness of Borrower. Guarantor further agrees that Lender shall have no duty or responsibility now or hereafter to make any investigation on behalf of Guarantor or to provide Guarantor with any credit or other its attention now or hereafter. 11. Notices. Notice shall be deemed reaSonable if mailed postage prepaid at least five (5)days before the related action to: the address of Guarantor or Lender, at their respective addresses indicated at the beginning of~ Guaranty, or:to such other address as any party may designate by written notice to the other party. EaCh notice, request and demand shall be deemed given or made, if sent by mail, upon the earlier of the date of receipt or five (5)days after deposit in the U.S. Mail, first class postage prepaid, or if sent by any other means, upon delivery. 12.: Guarantor Duties. Guarantor shall upon notice or demand by Lender promptly and with due diligence pay all Liabilities and perfonm and satisfy all Obligations for the benefit of Lender in the event of (a) the occurrence Of clefault under any Loan Document(s); or(b) the failure of Borrower to otherwise Guarantor acknowledges and agrees that its timely and complete compliance with all of the terms and conditions contained in the Loan Documents is material consideration for the extension of credit by the Lender. timely and completely comply with each and every term and condition contained at Lender's option, anevent ofdefault. In addition to all other rights and remedies Lender has~ Lender may, in its sole discretion, elect to waive such default or to forbear to exercise its fights and remedies for such default and may charge Guarantor a fee for agreeing to do so. 13. Remedies. Upon the failure of Guarantor to fulfill its duty to pay all Liabilities and perform and satisfy all Obligations as required hereunder, Lender shall have all of the remedies of a creditor under all applicable law. 14. Attorney Fees, Cost and Expenses. Guarantor shall pay all costs of collection and reasonable attorney's fees, including reasOnable attorney's fees in connection with any suit, mediation or arbitration proceeding, out-of-court payment agreement, trial, appeal, bankruptcy proceedings or otherwise, incurred or paid by Lender in eaforcing the payment of any Liability or defending this agreement~ 4 15. LimitedObligafion. Notwithstanding any other provision of this Guaranty or any Loan Document, the Guarantor is not and shall not be liable for the payment of any amount hereunder or for the performance of any obligation or agreement hereunder from any source other than the '2qon-Ad Valorem Revenues" ,~ in the manner and to the 15. The term exercise of the ad __ be Non-Ad Valorem Revenues. to action shall be The Guarantor shall not issue or incur any indebtedness or obligation payable from non ad valorem revenues if such would materially and adversely affect the ability of the Guarantor to make payments required to be made hereunder. 16. ARBITRATION. This Section'16 concerns the resolutionofany controversies or claims between the Guarantor and the Lender, whether arising in contract, tort or by statute, that arise out of or relate to this Guaranty (a "Claim"). At the request ofthe Guarantor or the Lender, any Claim shall be resolved by accordance wi~h the Federal Arbitration Act (Title 9, U. though this Continuing and Unconditional Guaranty provides that it is state. even Arbitrationproceedings wlllbe determined in accordance withthe Act, the rides andpmcedures for the arbitrationoffinancial services disputes of J.A.M.SdEndispute or any successor thereof ("J.A.M.S."), and the terms of fids paragraph. In the event of any inconsistency, the terms of this Section shall control. The arbitration shall be administered by J.A.M.S. and conducted in Boynton Beach, Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All arbitmtionhearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good came, may extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement ofreasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, ifso, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on J.A.M.S. under applicable J.A.M.S. roles of a notice of Claim is the equivalent of the filing ofa lawsuit~ Any dispute conceming this arbitration provision or whether a Claim is arbitrable shall be.determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Continuing and Unconditional Guaranty. This paragraph does not lknit the fight of the Guarantor or the Lender to: (i) exercise self-help remedies, such as but not limited to, setof~ (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iff) exercise any judicial or power of sale fights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right theymay have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to l/mit this Continuing and Unconditional Guaranty to arbitrate, to the extent any Claim is not arbitrated, the patties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provisionis a material inducement for the parties entering into this Continuing and Unconditional Guaranty. No provision in this Continuing and Unconditional Guaranty regarding submission to jurisdiction and/or venue in any court is intended or shall be construed to be in derogation of the provisions of lifts Continuing and Unconditional Guaranty for arbitration of any controversy or claim. 17. Controlling Document. To the extent that this Guaranty conflicts with or is in any way incompatible with any other Loan Document, any promissorynote ~hall control over any other document, and if such promissory note does not address an issue, then each other document shall control to the extent that it deals most specifically with an issue. 18. NOTICE OF FINAL AGREEMENT. THIS WRITTEN GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENTORALAGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITFEN ORAL AGREEMENTS BETWEEN THE PARTIES. IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed as of the 20th day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA By: 6 Its Mayor G:\02345x32~ra guaranty (1).wpd RESOLUTION NO. 01- A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A NOTE OF THE AGENCY IN THE PRINCIPAL AMOUNT OF $3,000,000 TO FINANCE THE COST OF VARIOUS COMMUNITY REDEVELOPMENT PRO~CTS; PROVIDING THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE HEREIN; APPROVING THE :FORM OF AND AUTHORIZING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE AND AND PROVIDING EF~CTIVE DATE. EIT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH REOEVEL% NT AGENCY: Section 1: Authori~.for this Resolution: This Resolution is adopted pursuant to the provisions of Part 1II, Chapter 163, Florida Statutes and other applicable provisions of law. Section 2: Definitions. Words and phrases used herein in capitalized form and not otherwise dnefined herein shall have the meanings ascribed thereto in the Loan Agreement attached hereto as Exhibit Section 3: Resolution to Constitute a Contract. In consideration of the purchase and a~ceptance oflhe Note authorized to be issued hereunder by those who shall be the Owners thereoffi:om time to time, this Resolution shall constitute a contract between the Issuer and the Owners. Section 4: Authorization o. fNote. Subject and pursuant to the provisions ofthis Resolution, an ~ligation of the Issuer is hereby authorized to be issued under and secured by this Resolution, in the :incipal amount of $3,000,000, for the purpose of providing funds to pay the Costs of the Project and ~ying the costs of issuing the Note. Because of the characteristics of the Note, prevailing market )nditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best tterest of the Issuer to accept the offer of the Original Purchaser to purchase the Note at a private :gotiated sale. Prior to the issuance of the Note the Issuer shall receive from the Original Purchaser the [sclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5: Description of Note. The Note shall be dated the date of its execution and delivery, which shall be a date agreed upon by the Issuer md the OriginalPurchaser, md shall have such other terms and provisions, including the interest rate and~ Loan Agreement as Exhibit A. The Note is to Note ~ be Issuer. as stated in the form of Note attached to the ~ to the Loan such The ~ or V~ce- behalf of the Vice-Chairman to insertions and in substantially the Chairman or :hanges, thereof being Section 7:'Amendment. subsequent to in any respect Note. Section 8: Limitation of Rights. nothing expressed or mentioned inor t De construed to give tomy Person other or claim under or with respect to contained; this Resolution and all and being for the SOle and exclusive'benefit W'ah the exception of any fights herein expressly conferred, or the Note is intended or shall be uitable right, remedy herein ."being intended to be Section 9: Severabili~_. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative :o~ the same shall not affect any other provision herein in any other Context) invalid, inoperative or unenforceable to any extent whatever. Section 10: Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the lawS of the State. Section 11: Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrmnent as originally executed. Use of the words .herein, 'hereb); ~ereunder, hereof, hereinbefore, hereinalter and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 12: Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 13: Authorizations. The Chairman or V~ce-Chairman and any member of the Board of Commissioners and such other officials and employees of the Issuer as may be designated by the Issuer are each designated as agents of the Issuer in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 14: Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 15: Effective Date. Tiffs Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this llth day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: ATTEST.' ~tle: G:~2345~32~R~olution (1).x~pd TRANSCRIPT OF PROCEEDINGS $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 TIME AND PLACE OF CLOSING The closing was held on September 20, 2001 (the "Closing Date"). Although certain of the below-described Closing Documents were executed and/or filed in advance of the Closing Date, no Closing Document was deemed to have been delivered until all Closing Documents were delivered. LIST OF CLOSING DOCUMENTS 1. Certified copy of Resolution No. 01- of the Issuer. 2. Resolution of the City Commission of the City of Boynton Beach, Florida. 3. Loan Agreement. 4. Guaranty of CRA Note. 5. General Certificate of the Issuer. 6. Notice of Sale sent to Division of Bond Finance. 7. Receipt for Note. 8. State of Florida Division of Bond Finance Forms BF-2003/2004-B and Letter of Transmittal. 9. Certificate of Bank. 10. Opinion of Counsel to the Issuer. 11. Copy of Note. 12. Funding Instruction Letter. Transcripts. Eight (8) complete transcripts are to be prepared for distribution as follows: Boynton Beach Community Redevelopment Agency Bank of America, N.A. Moyle, Flanigan, Katz, Raymond & Sheehan, P.A. Goren, Cherof, Doody & Ezrol, PA. Vance Berry, Esq. City of Boynton Beach CERTIFICATE OF TRUE COPY I, the undersigned Secretary of Boynton Beach Community Redevelopment Agency DO HEREBY CERTIFY that attached hereto is a true and correct cOpy of ResolutionNo. 01- dulyadopted bythe Board of Commissioners of the Agency on September 19, 2001 and that such Resolution remains in force and has not been amended. IN WITNESS WHEREOF, I have hereunto set my hand as of the 20thday of September, 2001. Secretary $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 GENERAL CERTIFICATE OF THE ISSUER I, the undersigned Chairman (the "Chairman") of the BoyntonBeach Community Redevelopment Agency (the "Issuer"), DO HEREBY CERTIFY as follows: I. All of the members of the Board of Commissioners (the "Governing Body") of the Issuer ~have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 2. Resolution No. 01- of the Issuer adopted September 19, 2001 (the "Authorizing Legislation") as certified by the Secretary as of the date hereof has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 3. The Issuer has authorized by all necessary action the enactment and due performance of the Aulhorizing Legislation and the execution, deliveryand due performance o fthe Note and the Agreement ~Sto the best of my knowledge, any and all such other agreements and docments as may be required to be executed, delivered and received by the Issuer to carry out, give effect to and consummate the transactions contemplated by the Authorizing Legislation. 4. No litigation is pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or the Agreement or (ii) in any way contesting or affecting the validity of the Note or the Agreement or the At~thorizing Legislation or the application of the proceeds of the Note, or the levy or collection or distribution of the amounts pledged to repayment of the Note, or the pledge thereof as security for the l~ote, or (iii) contesting the power of the Issuer or its authority for the issuance ofthe Note or the adoption of the Authorizing Legislation or (iv) contesting the tax-exempt status of interest on the Note. 5. No litigation is pending or, to my knowledge, threatened, (i) against the Issuer or involving any ofthe property, assets or operations under the control of the Issuer which involves the possibility that a.judgment or liability, not fully covered by insurance or adequate established reserves, maybe entered or imposed again~ the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or othenvise, of the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon the security provided for the Note pursuant to the Authorizing Legislation and the Agreement. 6. No litigation is pending or, to my knowledge, threatened to contest the creation, organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title to office ofits present members, orthe members at anytime materialto the issuance of the Note or the Agreement, or of any other officer of the Issuer. 7. The execution, delivery, receipt and due performance of the Note and the Agreement under the circumstances contemplated w/ththe provisions thereof (i) to the best of my knowledge w~ not part a material breach of or a default urder any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order default under any agreement, or by which the Issuer is or ma) event Whatsoever upon any of the property Agreement and the Authoriz/ng Legislation~ of or a Issuer is subject and or the 8. Tothe meeting together with any other member or members ofthe ofthe Governing tO ~ Governing Bodyhave, while other than at pUblic meetings Goveming Bodywithrespect s therefrom, or any 9. The undersigned does not, and to the best ofher knowledge and beliefno member of the Goveming Body does, have or hold any employment or contractual relationship with any business entity which is purchasing the Note from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Stamtes~ 10. The Issuer hereby certifies that the interest rate bome by the Note does not exceed the limitations set forth in Section 159.825 Florida Statutes. IN WITNESS WHEREOF, Ihave hereunto set my hand and have indicated my official rifle, all as of the 20th day of September, 2001. Signature Official ~lifle MoYL~, FLANIGAN, KATZ, RAYMOND & SHEEHAN, EA. ATTORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 MARK E. RAYMOND Direct Line~ (56t) 822-0380 E-mail: mra~mond~moylelaw.com Telephone: (561 ) 659-7500 Facsimile: (56t) 659-1789 September__, 2001 Tallahassee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 VIA FACSIMII,E AND CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: Notice is hereby givenofthe impending sale by BoyntonBeach CommanityRedevelopment Agency (the 'Tssuer') of the above-referenced Note (the '~,lote") in the estimated principal amount set forth above. The Issuer expects to deliver the Note on or about September 20, 2001. Sincerely, MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, RA. Mark E. Raymond $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 RECEIPT FOR NOTE Bank of America, N.A. DOES HEREBY ACKNOWLEDGE receipt from Boynton Beach CommunityRedevelopment Agency ofthe Agency's PromissoryNote, Series 200 l, dated September 20, 2001, and in the aggregate principal amount of $3,000,000. DATED the 20th day of September, 2001. BANK OF AMERICA, N.A. By: Its Authorized Representative MoY~, FLANIGAN, KATZ~ RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 334014025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 MARK F~ RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw, com Telephone: (561) 659-7500 Facsimile: (561) 659-1789 September 20, 2001 Tallahassee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 CERTIFIED MAIL RETURN RECEIPT REQUESTED Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: Enclosed herewith please fred Form BF-2003/2004-B for the above-referenced financing. No disclosure document was used for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. Very truly yours, Mark E. Raymond STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION This form represents an update and compilation of the BF2003, BF2004-A and BF2004-B forms. Bond Information forms are required to be completed by local governments pursuant to 19A-i.003, Florida Administrative Code (F.A.C.) . Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with the Division within 120 days of the delivery of the issue pursuant to Sections 218~38(1)(b)t and 218.38(1) (c)l, Florida Statutes (F.S.), respectively. Final Official Statements, if prepared, are required to be submitted pursuant to Section 218.38(1), F.S. Please complete all items applicable to the issuer as provided by the Florida Statutes. PURSUANT TO SECTION 218.369, F.S., ISSUERS OF BOND ANTICIPATION NOTES ARE EXEMPT FROM THESE FILING REQUIREMENTS. BF2003 BOND INFORMATION FORM PART I. ISSUER INFORMATION 1. NAME OF GOVERNMENTAL UNIT: Boynton Beach Community Redevelopment Aqency 2. MAILING ADDRESS OF GOVERAIMENTAL UNIT OR ITS MANAGER: 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 3. COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach 4. TYPE OF ISSUER: COUNTY INDEPENDENT SPECIAL DISTRICT SPECIFY OTHER CITY AUTHORITY X DEPENDENT SPECIAL DISTRICT PART II. BOND ISSUE iNFORMATION 1. NAME OF BOND ISSUE: Promissory Note, Series 2001 2. AMOUNT ISSUED: $ 3,000,000 3. AMOUNT AUTHORIZED:S3,000,000 4. DATED DATE: 9/20/01 5. SALE DATE: 9/20/01 6. DELIVERY DATE: 9/20/01 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 163 SPECIAL ACTS OTHER 8o TYPE OF ISSUE: GENERAL OBLIGATION SPECIAL ASSESSMENT OBLIGATION X REVENUE COP(CERTIFICATE OF PARTICIPATION) BANK LOAN/LINE OF CREDIT SPECIAL LEAS E - PURCHASE 9. A. IS THIS A PRIVATE ACTIVITY BOND (PAB)? YES X NO B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? 2. IF YES, AMOUNT OF ALLOCATION: $ YES NO 10. SPECIFIC REVENLrE(S) PLEDGED: (1) PRIMARY Tax Increment Revenues (2) SECONDARY (3) OTHER(S) !1. A. PURPOSE(S) OF THE ISSUE: (1) PRIMARY Community Redevelopment ImDrovements (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT REFUNDED.) (2) REFUNDED DEBT HAS BEEN: RETIRED OR DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? YES NO' B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY? % 12. TYPE OF SALE: COMPETITIVE BID PLACEMENT __NEGOTIATED X NEGOTIATED PRIVATE 13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST RATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) % TRUE INTEREST COST RATE (TIC) % CANADIAN INTEREST COST RATE (CIC) ~% ARBITRAGE YIELD (ARBI)__% SPECIFY OTHER: 14. INSURANCE/ENHANCEMENTS: AGIC AMBAC CGIC CLIC FGIC FSA HUD MBIA NGM LOC(LETTER OF CREDIT) SPECIFY OTHER X NOT INSURED 15. RATING(S): MOODY'S S&P FITCH X NOT P. ATED DUFF&PHELPS SPECIFY OTHER 16. DEBT SERVICE SCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES ANNUAL INTEREST PAYMENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATTACH OPTION/LL REDEMPTION PROVISIONS: May be pre,paid aT anV t lme in whole or in Dart 18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER ~ Bank of America, N.A. 625 North Fla.qler Drive; 10th Floor West Palm Beach, Florida 33401 19. PROVIDE THE NAME(S) AND ADDRESS(ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. X NO BOND COUNSEL X NO FINANCIAL ADVISOR NO OTHER PROFESSIONALS BOND COUNSEL(S): Mark Raymond, Esq. Mo¥1e, Flaniqan, Katz, Raymond & Sheehan, P.A. 625 North Flaqler Drive, 9th floor West Palm Beach, FL 33401 FINANCIAL ADVISOR (S) /CONSULTANT (S): OTHER PROFESSIONALS: James A. Cherof, Esq. Goren, Cherof, Dood¥ & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderd~]e, Florida 33308 20. PAYING AGENT X NO PAYING 21. REGISTRAR X NO REGISTRAR 22. COMMENTS: None PART III. RESPONDENT iNFORMATION FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT: Name and Title Mark E. Raymond, Bond Counsel Phone 561-822-0380 Company Mo¥1e, Flan±qan, Katz, Raymond & Sheehan, P.A. INFORMATION RELATING TO-PARTY COMPLETING THIS FORM (If different from above): Name and Title Phone Company Date Report Submitted 9/20/01 BF2004-A and BF2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GRATUITY PAID BY ANY UNDERWRITER OR FINANCIAL CONSULTANT, IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: X NO FEE, BON~SOR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT (1} COMPANY NAME FEE PAID: $. SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: ANY OTHER FEES PAID BY THE UNIT OF LOCAL GOVEPAIMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: NO FEES PAID BY ISSUER (1) COMPANY NAME Mo¥1e, Flaniqan, Katz, Raymond & Sheehan, P.A. FEE PAID: $. SERVICE PROVIDED or FUNCTION SERVED: Bond Counsel (2) COMPANY NAME Goren, Cherof, Dood¥ & Ezrol, P.A. FEE PAID:$ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME Stoneburner Berry Goldman & Simmons, P.A. FEE PAID: $ 1,500.00 SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: PLEASE PROVIDE THE SIG~NATUaE OF EITHER THE CHIEF EXECUTIVE OFFICER OF THE C-OVEP. NING BODY OF THE UNIT OF LOCAL C-OVERNM~T OR THE GOVERNMENTAL OFFICER PRIMARILY RESPONSIBLE FOR COORDINATIN~ THE ISSUANCE OF THE BONDS: NAME (Typed/Printed: Larry Finkelstein SIGNATURE: TITLE: Chairman DATE: 9/20/01 BF2004-B ITEMS 25 AND 26 MUST BE C0~PLETED FOR ALL BONDS SOLD BY ~TIATED SALE 25. MANAGEMENT FEE CHARGED BY UNDERWRITER: OR PRIVATE PLACEMENT FEE: $ PER THOUSAND PAR VALUE. 26. X NO MANAGEMENT FEE OR PRIVATE PLACEMI~X~T FEE UNDERWRITER'S EXPECTED GROSSSPREAD: $ X NO GROSS SPREAD PER THOUSAND PAR VALUE. PART IV. RETURN THIS FORM AND THE FINAL OFFICIALSTATEMENT, IF ONE WAS ,PREPARED TO: Courier: Deliveries: MailinglAddress: Division of' Bond Finance State Board of Administration ion 1801 Hermitage Blvd., Suite 200 P.O. Drawer 13300 Tallahassee, FL 32308 Tallahassee, FL 32317-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVISED Feb. 1996/bf0304/ $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 DISCLOSURE STATEMENT OF BANK OF AMERICA, N.A. September 20, 2001 Boynton Beach Community Redevelopment Agency Lad/es and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amended, the Original Purchaser is providing the following information withrespect to the arrangements made for the purchase o fthe above referenced Note. We represent to you as follows: (a) The nature and estimated amounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $0. Co) There were no "finders," as defined in Section218.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) A discount or fee is expected to be realized by the Original Purchaser in the amount of $-0-. (d) No management fee will be charged by the Original Purchaser. (e) No fee, bonus or other compensation will be paid by the Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the (t) The name and address of the Original Purchaser is: Bank of America, N.A. 625-North Flagler Drive; 10th Floor West Palm Beach, Florida 33401 The Agencyis proposing to issue $3,000,000 of debt on a revolving basis for abe purpose of financing communityredevelopment projects. This debt is expected to be repaid over a period of approximately 15 years. The source of repayment or security for the Note is tax increment revenues of the Agency Authorizing this debt could result in $3,000,000, together with the accmed interest thereon, of revenues of the Agency not being available for other uses by the Agency. Very truly yours, B~ OF AMERICA, N.A. Authorized Officer 2 September 20, 2001 Bank of America, N.A. West Palm Beach, Florida Re~ $3,000,000 Delray Beach Community Redevelopment Agency Promissory Note, Series 2001 Ladies and Gentlemen: I have acted as Attomeyto the BoyntonBeach CommunityRedevelopment Agency in connection with the issuanc~ by the Issuer of its $3,000,000 Promissory Note, SerieS 2001, dated September 20, ~001 (the '2qote ). In such capacity, I have examined originals or copies certified or otherwise identified t0 my satisfaction of: (i) Resolution No. 01- of the IsSuer, adopted on September 19, 2001 (the "Resolution"):, (ii) the Note and (iii) the Loan Agreement, dated September 20, 2001, between the Issuer and Bank of America, N.A., (the "Agreement"). I have also acted as attomeyto the City of Boynton Beach, Florida (the '~ity") in connectionwith t~e Guaranty of the CRA Note (the "Cmaranty") dated September 20, 2001 under which the City guarantees the obligations of the Issuer under the Note. In rendering the opinions set forth herein, I have also reviewed the Constitution and laws of the State of Florida, particularly Part 1II, Chapter 163, Florida Statutes (the "Act"), and such other laws, documents, proofs and proceedings as I have deemed necessary as a basis for the opinions hereinafter expressed. All terms used herein in capitalized form and not otherwise defined herein shall have the same meaning as ascribed to them in the Ordinance. Based upon the foregoing, I am of the opinion that: 1. The Issuer is a public body corporate and politic ofthe State of Florida duly organized and validly ex/sting as a community redevelopment agency under the Constitution and laws of the State of Florida. 2. The Resolution, Agreement and Note have been duly authorized, adopted (in the case of the Resolution), executed and delivered bythe Issuer and constitute legal, valid and binding agreements of e Issuer enforceable in accordance with their respective terms except to the extent that the enforceability f the rights and remedies set forth therein maybe limited by bankruptcy, insolvency or other laws affecting creditors' rights generally and by the availability of equitable remedies or public policy. 3. All approvals, consents and orders or any filings withany govemmentalauthorityor agency which would constitute a condition precedent to the issuance of the Note, the adoption of the Resolution or the execution and delivery of or the performance by the Issuer of its obligations under the Agreement, the Note, and the Resolution have been obtained or made and any consents, approvals and orders so received or filings so made are in full force and effect; provided, however, that no representation is made concerning compliance with the federal securities laws or the securities or Blue Sky laws of the various states. 4. The adoption and performance by the Issuer of the Resolution and the authorization, execution, deliveryand performance ofthe Agreement and the Note and any other:agreement or irkstnnnent to which the Issuer is a party, used or contemplated for use in consummation of the transactions contemplated bythe Resolution, the Agreement and the Note, and compliancewithprovisions of each such instrument, do not and will not conflict with, or constitute or: result:in :a violation or breach of or a default under, the Constitution of the State of Florida, orany existing law, administrative regulation, nde, decree or order, state or federal, or, to the best of my indenture, mortgage, lease, any of the officials. lien, charge ISSUer, ~ in any court or other tribunal, state or federal the issuance, sale, execution ~ the Agreement; or (b) (ii) anyl of the Resolution, or (iv)' existence or of the Issuer, or (cl or of any provision,, the Pledged Revenues; or (e) whichwould i or the contemplated use of the proceeds of the Note. restrain or enjoin, I performance of ote, or adoption (v) the ~ or ~llect Issuer 8. The Guaranty has been duly authorized, executed and delivered bythe Cityand constitutes the legal, valid and binding agreement of the City enforceable in accordance with its temas except to the exteni that the enforceability of the fights and remedies set forth there in may be limited by bankruptcy, insolvency or other laws affecting creditors' fights generally ard by the availability of equitable remedies or public policy. Very truly yours, FUNDING INSTRUCTION LETTER Bank of America, N~a~. Commercial Banking 625 North Flagler Drive West Palm Beach, FL 33401 Ladies and Gentlemen: You are hereby requested, authorized and directed to fund the Loan under the Loan Agreement dated September 20, 2001 in the following manner: Please pay our attomey's legal fees and expenses in the amount of $ follows: Moyle, Flanigan, Katz, Raymond & Sheehan, Bank of America Account Number. 1600160212 Credit Account: Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., Finn Account Please pay our attomey's legal fees and expenses in the amount of $ follows: Please pay your attomey's legal fees and expenses in the amount of $ follows: 4. Please remit the balance, $ Dated as of September 20, 2001 , to ns as follows: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Its: Chairman G:\02345',32kall closing dacs(I).wlxl V1'1' - CZTY MANAGER'S REPORT ITEM C RECOMMENDATION Adopt an ordinance_es_t_a_~[ishing an.Art-s-Co~ The components of 'the ordinance should include the following. Purpose: The Mission of the Arts Commission of the City of Boynton Beach is to advise the City Commission on matters related to the Arts, the development of a plan and programs to promote and support public art, and to recommend standards, guidelines and funding for implementation. Members: The Arts Commission shall be composed of nine (9) regular and two (2) alternate members who are citizens or business owners preferably with the following backgrounds: Artist(s) Art volunteer(s)/activist(s) Planner Private developer Business owner Neighborhood Association member(s) Architect Interested citizen(s) Responsibilities: Act as an Advisory Board to the City Commission on the following: Provide advice on matters relating to the Arts. · Develop a Public Art Plan and Program for the City. · Recommend standards and guidelines for art and aesthetics in the city. · Recommend funding sources including private and grant funds. · Encourage public/private partnerships in the arts. · Review and make recommendations on proposals for art works for public buildings and public spaces. · Encourage the flow of art into the city, and stimulate art activities and events. · Study art issues and implement art programs as may be delegated to it from time-to-time by the City Commission. Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,200l [] September 4, 2001 VIZ - CITY HANAG ER'S REPORT CITY OF BOYNTON BEACH ITEM D AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commissmn Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorization to proceed with the purchase of Morey's Lounge, per the Agreemem for Purchase and Sale of Real Property and authorizing the Mayor, City Manager, City Clerk or other officials m execute the closing documents. EXPLANATION: The intention of the City is to utilize this parcel for additional parking, landscape buffer along Federal Highway, and other ancillary uses to the operation of the public park, known as Boat Club Park. The County has approved a grant for this project in the amount of $250,000, payable as follows: $150,000 in 2001 and $100,000 in 2002. Projected net cost to the City for the property is as follows: Purchase Price $640,000 Less County Share (Grant) 250,000 Less Value of Liquor License 80,000 (can be sold by City) Less Value of Adult Use License 40,000 Net Cost to City Of Boynton Beach $270,000 Because the net cost of the property is over the appraised values of $210,000 and $180,000, an extraordinary vote is required. PROGRAM IMPACT: Purchase of property will enhance entryway to Boat Club Park through provision of landscaping and additional parking. FISCAL IMPACT: Funds must be allocated from the City's CIP Reserve ALTERNATIVES: Decline the Grant, and do not purchase property. ~L~~ Department Head's Signature City Manager's Signature City Manager Department Name City Attorney/~[na"~fice / H n Resources S:XBULLET1N~ORMS'ua. GENDA ITEM REQUEST FORM.DOC PURCHASE AN'D $.~1= OF REAl. PRO _t:~TY WIT}tIE,SSt/TH 1.~ 1.4 1.7 PURCHASER'S ~,~. City of ~ Beach: 100 Fast Boymxm Beach Boulevard, P.O. BOX 310, B~yn~n Beth. Florida 33425-0310, wir. b ~ to Donn]d J'. Dood¥, Esquire, JOS]AS, GOREN, CHEROF, DOODY AND EZ. ROL, P,A, 3099 ~ ~ial Bot~ ~ 200, Fort ~, ~ 3330~. Pa~Z 2.3 The P~r~n~_- ~.ludes all t*igt~ dtte ~d ~en~. E~. of S~ ~-_FR tn an~, ~¥_!5oZ~01 Od:5~F*d FRC)Vr.b(IT~L [ ~RA~ {'~ 0 P .TY: D~2LAD.~ 0 all portions of~ La~ oath~ b~_'_, ofir.s instz~o~, B~r is ruhoroughly ~ wkh ~ port~ (/ndudiag, wirlx~ l/m/mfiau, NO WARRANTY OF ~~. OR FI'I'N~S FOR t ANY PARTI~ pURPOSE OR RELA'IING TO ~ ABSENCE OF LATDrr OR OTHER DF.F~C~i~). ~ ~~ ~ ~ I&I.57~) Floiid~ ~ Buyer bcz'~oy waim~s ~ <mi=:. (I) ~ mm, comp[~ ~,__s rct=~__ _~'blc m~ug ora cm'r~ sav~ map (tmrm~ is daff~d U) be Pa~7 7. TRAN~ OF ~ TO. 'l'he ~ ~-~ Be conveyecl ~ec~ only ~o , ~,~n. rusT~ AT_ cLos.~o. survive t~ Closi~ Pa~e9 MkY-~5-Z:)~I {)5:DIPI FROii'-~ :C~ I ~v..q: rA f l& Pa~ 12 CITY OF BOY!qTON BEACPL a Flod~Ia SgLI.F~ ~.. WAi{Ew'r DATE: Pallm 14 Al FIRST ADDENDUM TO THE AG~ FOR PURCHASE AND SALE OF REAL PROPERTY This Fi~-t Addendum is ente~,A into this IN day of August, 2001, between City of Boymon Beach, (hereinafter refea'red to as "PURCHASER") and Estate of Joarme P..lohnson, Oaereinafter referred to as "SELLER") and serves to amend the Agreement for Purchase and Sale of Real Property dated May' 17, 2001, with respect to the following items: md Sale of Real Property are ratified and conf.,med. WITNESS: PUP, CHASER: Oi~ of Bo~on COld'OIl The Inspection Pefiod..as_defmed_amd~,~.aragraph 3 is hereby extended for-an additional 45 days to September 14, 2001. The Closing Date will be no later than 15 days subsequent to the exphat/on of the Inspection Period. A refundable additional deposit in the amount of $40,000.00 shall be made at the time this addendum is executed by the Puw~ and Seller. In ail other respects the terms and provisions of the original Agreement for Purchase Beach, a Florida municipal Pfintlq~me SELLER: Eslate of Joanne' P. Johnson BY: STATE OF FLORIDA ) ) $S.: COUNTY OF PALM BEACH ) foregoing ir~u'ument was acknowlcdgcd beforc me this day of August, 2001, by _, , a~ of , who is known to me or who has prc~iu¢cd , as identification_ NOTARY PUBLIC Type or Print Name Commission No. My Commission Bxpires: STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BBACH ) The foregoing instrmnent was acknowledged before me this ~'~'~"day of August, 2001, by ~_~,~1_1-,-5~ .'W~v~e,r~,,_~' ,O'~O~ iS known to me or who has produced ,i6TARY Type or lf~ut Name Commission No. My Commission Expires: XII,- LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to Cit~' Clerk's Office Meeting Dates [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 [] AugustT, 2001 July t8,2001 (5:00p.m.) [] October2,2001 [] August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report '~ ~ RECOMMENDATION: Please place this request on the September 19, 2001 City Commission Agenda~und_e.~'m Legal-First Reading. The City Commission approved this request as a "Consent" item on September 4, 2001. ct~or details pertaining to this request see Department of Development Memorandum No. PZ 01-171. ~,, ' ~: EXPLANATION: ~ PROJECT NAME: MAXIMUM BUILDING HEIGHT within C-1 ZONING DISTRtCT[:~ EXEMPTIONS FROM BUILDING HEIGHT LIMITATIONS -~' BUILDING PARAPETS --~ AGENT: Chris Kerr, Kilday & Associates, Inc. OWNER: Bethesda Healthcare System LOCATION: 2800 Saacrest Boulevard DESCRIPTION: 1) Request to amend the Land Development Regulations, Chapter 2, Section 6,A.3. to increaSe the maximum structure height in the C-1 zoning district from 25 feet to 30 feet; and 2) Request to amend Chapter 2, Section 4.F. to add parapets to the list of potential exemptions from the building height limitation. (Amendments have been requested in connection with the BoyntonBeach Medical Pavilion site plan application). PROGRAM IMPACT: N/A FISCAL IMPACT:~ ~ N/A ALTERNAT~ N/A l~lo~me~ ~"~irector Plannit~g & Zo(~ Director City Manager's Signature J:KSHRDATAXPIanningKSHARED\WPXPROJECTSXBoynton Beach Medical Pavilion\CdrvkAgenda Item Request Boynton Beach Med Pav CDRV 9-19- 01.dot S:kBULLETIN~ORMSK~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION INCREASE IN THE C-1 HEIGHT FOR PARKING TO USE IN THE CHAPTER 2, ADDITION FOR CONFLICTS, AN EFFECTIVE DATE. 6.A.3. PROVIDING FOR AN TURE HEIGHT IN TO 30 FEET; ?EET AS ~ AMENDING 4.F. P FOR THE 'ETS AS WHEREAS, buildings constructed within the City of Boynton Beach must provide for screening of mechanical equipment on the roof of buildings; and WHEREAS, in order to properly screen the mechanical equipment on the roofs of buildings, the use of parapets has become increasingly common; and WHEREAS, in order to accommodate the construction of professional and medical office buildings within the C-1 zoning district, it has been determined that the maximum structure height for buildings within the C-1 zoning district should be increased from twenty- five (25) to thirty (30) feet, and that buildings constructed with under building parking may be constructed up to a height of thirty-five (35) feet as a conditional use; and WItEREAS, at the meeting of August 28, 2001, the Planning and Development Board recommended that the City Commission amend the City's Land Development Regulations to provide for the increase in building height within the C-1 zoning district from twenty-five (25) to thirty (30) feet, to increase the building height for buildings constructed with under building parking to thirty-five (35) feet as a conditional use, and to include parapets to the list of potential exemptions from the building height limitation; and WHEREAS, City staff agrees with the recommended changes to this Section of the Code to (1) increase the maximum structure height in the C-1 zoning district from 25 feet to 30 feet, and (2) to add parapets to the list of potential exemptions from the building height limitation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section2. That Chapter 2.-Zoning, Section 2, Section 6.A.3. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 6. Commercial district regulations and use provisions. A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT .... 3. constructed, Building and site regulations. No building or portion thereof shall be erected, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: (4) stories. 2. Maximum structure height 30 2-5 feet, not to exceed two stories** **Exceptions: Maximum height for hospital shall be forty-five (45) feet not to exceed four Building designed for under building parking shall be (-30-) (35) feet maximum. *(Conditional use approval required) Section 3. That Chapter 2. Zoning, Section 4 General provisions. F.2 is hereby mended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec 4. General Provisions. o.o F. HEIGHT LIMITATIONS AND EXCEPTIONS. 2. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission base don their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this day of September, 2001. SECOND, FINAL READING AND PASSAGE this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-171 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Lusia Galav, AICI~.~ ~,/ Principal Planner~ August 16, 2001 CODE REVIEW CDRV 01-003 1) Maximum Height in a C-1 Zoning District 2) Height Exception - Building Parapets NATURE OF REQUEST Mr. Chris Kerr, Kilday & Associates, representing Bethesda Healthcare System, is requesting a code review regarding increasing the height in the C-1 zoning district and allowing a height exception for parapets. The request was presented as follows: · Amend Chapter 2, Section 16, A. 3. of the Zoning Code to allow building heights up to 30 feet in the C-1 District. · Amend Chapter 2, Section 4, (f) of the Zoning Code to include parapet screening on the list of items that can potentially be exempt from the building height limitation. BACKGROUND In conjunction with this code review, the applicant has submitted a site plan application. The site plan proposal inclUdes demolisking three (3) existing medical office buildings and constructing one, new, two-story medical office building. The new medical office building is proposed to be 27 feet, six (6) inches (27'-6") high to the top of the flat roof with an additional four (4) feet - two (2) inches to the top of the parapet. The total roof height would be 31 feet, eight (8) inches. The applicant ori~nally submitted a variance application to provide relief for the building height: During discussions at the TRC meeting, staff recommended to the applicant that a code revie;v would be preferred since the issue of height and medical office buildings in C-1 has been problematic with similar projects in the past. Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 ANALYSIS Buildin¢ Hei~ht in the C-1 District The current height regulations for the C-I Commercial zoning district are as follows: Maximum structure height 25 feet, not to exceed 2 stories ** ** Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Buildings designed for under building parking shall be (30) feet maximum. Building height for medical offices was recently an issue in the review and approval of t~vo medical office buildings on Woolbright Road: Woolbright Professional Plaza (Nguyen) and Woolbright Medical Building (Freeman). The first project, Nguyen, was approved at one story with a roof height of approximately 19 feet. The project required a height exception to accommodate the ~vo turret entrance features at either end of the building. These features had a maximum height of 30 feet at the peak of the roof. The height exception was granted. The second project, Freeman, was a two-stor?' building-designed to have parking underneath the building. The C-1 district allows a 30 foot'maximum height for under building parking. The building was designed with a 39-foot maximum height. The applicant applied for a variance, ~vas denied, and redesigned the building to meet the code. The applicant for the proposed Boynton Beach Medical Pavilion is faced with a similar design problem. Staff.discussed this with the project architect at the TRC meeting to con/mm the design requirements for medical office buildings. Attached, as Exhibit "A", is a letter from the applicant that discusses the technical aspects of design requiring the need for additional height. It appears that the design for new medical office buildings includes a minimum of nine (9) foot ceilings. The additional ceiling height plus the requirements for mechanical and structural equipment above each ceiling results in a building with a height above the district maximum of 25 feet. The main purpose of the C-1 Office and Professional Commercial District is to provide appropriate space for office and professional uses. It als° serves as a transitional district between these less intense commercial uses and residential uses. As. such, the C-1 zoned areas are ~vhere the majority of medical office buildings are located. Approximately ~vo years ago, the City Commission adopted Ordinance No. 099-24 amending the residential district regulations to increase the height for a single family dwelling to 30 feet. It would be consistent to increase the height in the C-1 Commercial district as well. Page 3 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 Paral~ets Regarding the issue of parapets and height, Chapter 1, Article I, defines the measurement of building hei~ht as follows: BUILDING HEIGHT - The vertical distance bet~veen a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the south Florida Water Management District, and the apex of the highest roof. This definition includes parapets in-the measurement of heigkm Chapter 1, Article I, also defines a parapet. PARAPET - A false front and/or wall extension above the roof line. A parapet is generally used with a flat roof and serves the purpose of screening any roof top equipment. The Land Development Regulations Chapter 9, Design Criteria, Sec. 11 E. requires that all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Staff has researched several codes regarding height and parapets. Palm Beach County and The City of West Palm Beach exclude parapets from the measurement of building height. The City of Boca Raton limits parapet height to not more than 5 feet above the allowable height of the building. On the one hand the City of Boynton Beach Land Development Regulations requires screening of rooftop equipment. On the other hand it puts a constraint on project design because the parapet is included in calculating the measurement of roof height. This is an inconsistency in the regulations that should be rectified by including parapets, in the hei*~'2t limitations and exceptions provision of the code. Parapets could then exceed the district height regulations if approved on a case by case basis through the. hei~12t exception process as defined in the Land Development Regulations, Chapter 2, Section 4. (f). RE COMMENDATION Based on the previous analysis, staff supports both code revie~v requests submitted by the applicant. Staff recommends that the City of Boynton Beach Land Development Regulations be amended as follows: Chapter 2, Sec. 6. A. 3. Maximum structure height 30 feet, not to exceed ~vo stories** Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 ANALYSIS Building Height in the C-1 District The current height regulations for the C-1 Commercial zoning district are as follows: Maximum structure height 25 feet, not to exceed 2 stories ** ** Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not ro exceed four (4) stories. 2. Buildings designed for under building parking shall be (30) feet maximum. Building height for medical offices was recently an issue in the review and approval of two medical office buildings on Woolbright Road: Woolbright Professional Plaza (Nguyen) and Wootbright Medical Building (-Freeman). The first project, Nguyen, was approved at one story with a roof height of approximately 19 feet. The project required a height exception to accommodate the two turret entrance features at either end of the building. These features had a maximum height of 30 feet at the peak of the roof. The height exception was granted. The second project, Freeman, was a two-story building designed to have parking underneath the building. The C-1 district allows a 30 foot'maximum height for under building parking. The building was designed with a 39-foot maximum height. The applicant applied for a variance, was denied, and redesigned the building to meet the code. The applicant for the proposed Boynton Beach Medical Pavilion is :faced with a similar design problem.-Staff discussed this with the project architect at the TRC meeting to confirm the design requirements for medical office buildings. Attached, as Exhibit "A", is a letter from the applicant that discusses the technical aspects of design requiring the need for additional height. It appears that the design for new medical office buildings includes a minimum of nine (9) foot ceilings. The additional ceiling height plus the requirements for mechanical and structural equipment above each ceiling results in a building with a height above the district maximum of 25 feet. The main purpose of the C-1 Office and Professional Commercial District is to provide appropriate space for office and professional uses. It also serves as a transitional district between these less intense commercial uses and residential uses. As. such, the C-i zoned areas are where the majority of medical office buildings are located. Approximately ~vo years ago, the City Commission adopted Ordinance No. 099-24 amending the residential district regulations to increase the height for a single family, dwelling to 30 feet. I~ would be consistent to increase the height in the C-1 Commercial district as well: Page 3 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 Parapets Regarding the issue of parapets and height, Chapter 1, Article I, defines the measurement of building height as follows: BLq~DING HEIGHT - The vertical distance betxveen a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the south Florida Water Management District, and the apex of the highest roof. This definition includes parapets in-the measurement of hei~ht. Chapter 1, Article I, also defines a parapet. PARAPET - A false front and/or ~vall extension above the roof line. A parapet is generally used with a fiat roof and serves the purpose of screening any roof top equipment. The Land Development Regulations Chapter 9, Design Criteria, Sec. 11 E. requires that all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Staff has researched several codes regarding height and parapets. Palm Beach County and The City of West Palm Beach exclude parapets from the measurement of building height. The City of Boca Raton limits parapet hei~ht to not more than 5 feet above the allowable hei~ht of the building. On the one hand the City of Boynton Beach Land Development Regulations requires screening of rooftop equipment. On the other hand it puts a constraint on project design because the parapet is included in calculating the measurement of roof hei~ht. Tkis is an inconsistency in the regulations that should be rectified by including parapets in the height limitations and exceptions provision of the code. Parapets could then exceed the district height regulations if approved on a case by case basis throu~ the.height exception process as defined in the Land Development Regnlations, Chapter 2, Section 4. (f). RECOMMENDATION Based on the previous analysis, staff supports both code revie;v requests submitted by the applicant. Staff recommends that the City of Boynron Beach Land Development Regulations be amended as follows: Chapter 2, Sec. 6. A. 3. Maximum structure height 31) feet, not to exceed t~vo stories** Page 4 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 ** Exceptions 2. Building designed for under building parking shall be 3(.~) feet maximum. * (Conditional use approval required) This corresponding amendment to the provision for under-story parking is recommended by staff based on the same logic that supports the increase proposed for buildings without under-story parking as proposed by the applicant. In addition, staff recommends conditional use approval for this type of building. And Chapter 2, Sec.4. F. 2. Water, coohng and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures and there necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Ig Exhibits S:XP[-ANNING\SHARED\WPkPROJECTSkBOYNTON BEACH MEDICAL PAVtLION\CDRV~CDRV 014)03.STAFF REPORT. DOC 'EXHIBIT "A" Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite'100A W~st Palrn Beach, Florida 33401 (561] 689-5522 · Fax (561) 689-2592 www. kildayinc.corn August 16, 2001 Lusia Galav, Senior Planner Zoning Division 100 E. Boyuton Beach Blvd., Box 310 Boynton Beach, FL 33425 RE: Building height limitation in the C-1 Zoning District Ouffile868.28 £ . Our office has requested that staff undertake a Code Review to amend the City's Land Development Regulations to permit an increase in building heights in the C-1 Zoning District. Office buildings in the City are predominantly located in the C-1 District. At issue is the fact that the 25' ultimate building height limitation is insufficient for two- story offices, particularly medical offices. Please consider the following information When drafting your staff report.' As the attached graphic illustrates, our proposed medical office building will have 9' ceilings on each floor and the building height will be 27 '-4", as measured from finished floor elevation. (There is an additional parapet on the top of the building that is not included in the building height calculation) The building height is over 27' due to the requirements for the mechanical and structural equipment above each ceiling. The additional five feet per floor includes: · 5" for recessed lighting · 26" for the ducts and insulation · 19" for the beam with fireproofing · 5" concrete slab · 5" for required spacing between equipment with any q Cb.ds Eerr The only way to reduce the building height would be to lower the internal ceiling height. However, nine foot ceilings are common in most new office developments. Lowering the ceiling height would be unacceptable to many future lessees and would result in a substandard space for medical workers and their patients. Please call me ~:stions, on this matter. Kilday & Associates mmit I Z~ Z