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Agenda 08-21-01 i The C ty of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA AUGUST 21, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager D ~ICT I! !11 Visit our Web site www.ci.bo~/nton-beach.fi.us WELCOME ~ Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTLCTPAT~ON AT CTTY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the COmmission has first consented to the presentation for consideration and action. · Consent Agenda Items= These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEE111NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the~.Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the rrfeeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has .... begun. · Public Hearings-' Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience= Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the' Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. _~ City Commission meetings are held in the Boynton Beach City Commission chambers, 100 East Boynton Beacl Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings-have been moved due to Holidays/Election Day). August 21, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION ME ETING · AGENDA 6:30 P.M, III. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ferguson D. 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. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS OTHER: A. Informational Items by members of the City Commission ADMINISTRATIVE: Appointments to be made: IVm Appointment To Be Made Length of Term Board Expiration Date I Weiland Children & Youth Advisory Bcl Stu/Reg/NonVoting I yr term to 4/02 IV Fisher Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 Mayor Broening Bldg. Bcl of Adj & Appeals Alt 1 yr term to 4/02 (Tabled-3) (Tabled-3) (Tabled-3) CZTY OF BOYNTON BEACH AGENDA REGULAR C~'TY COMMZSSZON MEET'~NG AUGUST 2'1~, 2001 I I III IV I II V, Weiland Cemetery Board Alt 1 yr term to 4/02 (Tabled-2) Weiland 'COde Compliance Board Alt I yr term to 4/02 (Tabled-2) Ferguson Fisher Education Advisory Board Reg Education Advisory Board Alt 2 yr term to 4/03 I yr term to 4/02 (Tabled-3) CTabled-3) Weiland Golf Course Advisory Committee Alt McCray Golf Course Advisory Committee Alt 5 yr term to 6/06 5 yr term to 6/06 (Tabled-3) (Tabled-3) ANNOUNCEMENTS lit PRESENTATZONS: A. Announcements: First Public Hearing on Budget - Wednesday, September 5, 2001 at 5:30 p.m. - City Commission Chambers Oceanfront Concert Series on September 21, 2001, 6-9 p.m. at Oceanfront Park - :Island Heat (Calypso/Soca) m Awards received by the Recreation Department at the Florida Festivals and Events Association Annual Convention and Trade show, held in Jacksonville in July Regular City Commission Meeting - September 4, 2001, 5 p.m. at Boynton Beach Community High School, Quantum Park, 4975 Park Ridge Blvd. Fire Assessment Public Hearing - September 4, 2001, 6:30 p.m. at Boynton Beach Community High School, Quantum Park, 4975 Park Ridge Blvd. B. Presentations: Proclamations: a. "City of Boynton Beach Firefighter Appreciation Week"- August 27 - September 3, 2001 Presentation of Certificate of Completion to Commissioner Mack McCray for completing eighteen hours of instruction at the Institute for Elected Municipal Officials VZ. CONSENTAGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMM]:SS~ZON MEET]:NG AUGUST 21, 2001 A, Minutes: Cm 1. Special City Commission Budget Meeting of July 31, 2001 2. Agenda Preview Conference of August 2, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the "piggy-back" of CHARLESTON, ILLINOIS, Bid #PW-00-10 for the PURCHASE OF ONE (1) 8" EMERGENCY BY-PASS PUMP from Godwin Pumps of America in the amount of $41,223 Extend "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPI TES," Bid #095-1412-00/C3D, for one additional year, to various vendors for an annual expenditure of $175,000 Award the bid for "CO-OP CHEMICALS AND FERTTL/ZER," (Delray Beach is the lead agency) Bid #079-1411-01/C3D, to various vendors based oh the lowest, most responsible, responsive bidders who meet all specifications. City of Boynton Beach's anticipated expenditure is $96,000 Extend the "ANNUAL CONTRACT FOR DUMPSTER REPAIRS," Bid #093- 2510-01/KR for one (1) additional year to EDWARD LAMONS of Boynton Beach, Florida for an estimated annual expenditure of $45,000 (New Bid #091-2510-01/KR) Resolutions: Proposed Resolution No. R01-233 Re: Approving and executing Task Order #01-10 in the amount of $14,667 with CH2M Hill for engineering services on the hydraulic evaluation to Master Lilt Station 356 Proposed Resolution No. R01-234 Re: Approving and authorizing signing of an Agreement for Water Service Outside of the City Limits for a parcel owned by Geraldine A. Hammond, located in an unincorporated area between Boynton Beach and Delray Beach along the east side of US 1 Proposed Resolution No, R01-235 Re: Authorizing the Mayor to sign the renewal license agreement between the Federal Bureau of InvestigaUon and the City of Boynton Beach regarding a "receive only" antenna 3 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMZSSZON MEETTNG AUGUST 21, 2001 Proposed Resolution No. R01-236 Re: Approving full release of surety for the project known as Learning Place Preschool, and _authorizing refund of the cash surety to the developer, in the amount of $8,426 Proposed Resolution No, R01-237 Re: Authorizing Change Orders No. 1, 2 & 3 with Select Contracting, ]:nc. as part of the construction of two Water Treatment Plant Pre-engineered Metal Buildings (P.O. 012630) in the amount of $47,662.11 Proposed Resolution No. R01-238 Re: Approving and authorizing signing of a .Joint Project Participation/Funding Agreement in the Construction of Gateway Boulevard, 3og Road to Military Trail, with Palm Beach County. The agreement authorizes the City's participation for an amount not to exceed $4,555 for the adjustment of utilities Proposed Resolution No. R01-239 Re: 2001-2002 updated pay ranges for City employees Approving the Proposed Resolution No. R01-240 Re: Approving full release of surety for the project known as Lexington Lakes, and authorizing refund of the existing $10,000 cash surety to the developer, Kennedy Properties Ltd. Proposed Resolution No. R01-241 Re: Approving surety reduction for the project known as BAPS Development, refunding the amount of $24,714 to the developer and 10. Proposed Resolution No. R01-242 Re: Railroad Reimbursement Agreement - NW 22"d Avenue (Gateway Boulevard) 11. Proposed ResoluUon NO. R01-243 Re: Railroad Reimbursement Agreement - 15~ Avenue (Woolbright Road) 12. Proposed Resolution No. R01-226 Re: Approving Commercial Material Purchase Agreement between the Solid Waste Authority and the City of Boynton Beach for recycled material (7',4~'Z£O ,~,~0~ AUGUS'F ~ 200.~) D. Ratification of Planning & Development Board Action: None E. Ratification of Community Redevelopment Agency Action: Derek and Tracy Wiley, South side of NW 9~ Avenue, between NW 4~ and NW 5u~ Streets (Lot 62, Cherry Hills) - Request relief from Land CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETING AUGUST 21, 2001 Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. to allow a single-family house on a 7,200 square feet lot in lieu of the 7,500 square feet required by code in an R-I-A zoning district. g Sandra McPherson, South side of NW 9~ Avenue, between NW 4~ and NW 5~ Streets (Lot 64, Cherry Hills) - Request relief from Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. to allow a single-family house on a 7,200 square feet lot in lieu of the 7,500 square feet required by code in an R-I-A zoning district. Approve the "sole source" purchase of a Reverse 9-1-1 Emergency Notification System from Dialogic Communications Corporation in the amount of $46,000 Authorize expenditure from the City's Community Reinvestment Funds and the Neighborhood Service's Grant Program for the purpose of expending up to $7,500 to make landscaping improvements on the existing north right-of-way, located along the north side of Woolbright Road east of Interstate 95 Award Community Development Block Grant (CDBG) funds in the amount of $50,000, with matching funds from Palm Beach County, to Barry A. Frankel & Associates, P.A., for the purpose of acquiring modern optometry equipment and renovating the interior of 540 E. Woolbright Road. This award is contingent upon final approval of additional CDBG funds to be awarded by the Palm Beach County Board of County Commissioners Authorize the purchase of a Kip America 2900 Digital Reprographic Copier system from Wood Business Products, Thc. of Lake Worth, Florida in the amount of $27,815 by "piggy-backing" a purchase previously made by the City of West Palm Beach, Florida Approve expenditure of Community ]:nvestment Funds for various amounts from City Commissioners VIZ. CITY MANAGER'S REPORT: VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMI'SS]:ON MEETTNG AUGUST 21,, 2001 FUTURE' AGENDA TrEMS: A. Presentation by Alison Adler, Palm Beach County Safe Schools (September 4, 2001) B. Review of City Noise Regulations (September 19, 2001) C. Project Team Reports (from 55 Strategic Initiatives): 1. 1.2 Ados Commission Project (September 19, 2001) D. Report on ordinance changes for Advisom/ Board attendance and conduct standards (September 19, 2001) E. Ordinance establishing setbacks from schools and/or churches for establishments having liquor licenses (September 19, 2001) F. Resolution from City Commission supporting CRA's request for $3,000,000 loan (September 19, 2001) G. Traffic Calming and Traffic Control Final Report (October 2, 2001) H. Madna Project Update (October 2, 2001) T. Redevelopment Code issues for non-conforming lots and buildings in commercial areas (November 2001) FRA Whistle Ban - Report (December 4, 2001) DEVELOPMENT PLANS: None NEW BUS]:NESS: A. Cm Approve the Special Event Permit request for Bethesda Hemorial Hospital's Employee Beach Bash on October 13, 2001, subject to approval from the Town of Ocean Ridge and tent inspections by City officials Authorize the City Manager to apply for a $250,000 boating improvement program grant to acquire the Morey's property. Future use of the property will be for the expansion of Boat Club Park for boating related uses Proposed Resolution No. RO1-2~.~. Re: Allowing attendance at City Commission meetings by electronic media technology for 6 CITY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMISSION HEEI'LNG AUGUST 21, 2001 XII. LEGAL: XIII. A. Ordinances - 2nd Reading - PUBIC HEAliNG Proposed Ordinance No. 01-48 Re: Amending Chapter 2 of the Land Development Regulations reducing the requirements applicable to non-conforming lots (7;4BZ£Z~ fJN~rZ $~Fr£~a~ ~ 2oo~) B. Ordinances - 1st Reading Proposed Ordinance No. 01-49 Re: Authorizing abandonment of a twelve (129 foot drainage easement between Lots 59 and 60 of Quantum Park at Boynton Beach Plat No. 6 Proposed Ordinance No. 01-50 Re: Amending Land Development Regulations, Chapter I and Chapter 21, "Banners" C. Resolutions: None D. Other: 1. = Part III, regarding Ratification of Code Compliance Board Action Approve Code Compliance Board recommendation to reduce the lien in case #99-2099 (417 SE 20~h Avenue) to administrative costs of $634.12. The applicant, Arsali & Associates, has requested elimination of the fine Accept the agreed upon settlement with Plaintiff, Susan Flickinger, in the amount of $11,000 UNFINISHED BUSINESS: A. Proposed demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue 7 cTrY OF BOYNTON BEACH AGENDA REGULAR cTrY COMM]:SSI'ON MEET']:NG AUGUST 21~ 2001 X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION W1TH RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH FURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIH RECORD OF THE PROCEEDING IS MADEI WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F,S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILI'[Y AN EQUAL OPPORTUNtTY TO PARTICIPATE IN AND EN.1OY THE BENEFITS OF A SERVICE, PROGRAM,, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO~ (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F'rNAL AGENDA 08/20/2001 11:00 AM J:\SHRDATA\CC\WP\CCAGENDAL6,GENDAS\YEAR 2001\082101 FINAL AGENDA. DOC 8 City of Boynton Beach V-ANNOUNCEMENTS & PRESENTATIONS ITEM A.2 Oceanfront Concert Series (FormerlY Known As "Tunes in Town" or "T.N.T." Concerts) 6:00 - 9:00 p.m. Boynton Beach Oceanfront Park A- l-A, Just North of Ocean Avenue The Oceanfront Concert Series Takes Place on the Third Friday of the Month, Eleven Months of the Year! (Enjoy the Boynton Beach G.A.L.A. in March) Get Your Family and Friends Together For a Fun-filled Friday Evening of FREE Live Entertainment at the Beach! Bring Your Blanket or Lawn Chair for an Evening Full of Dancing, Socializing, Delicious Food and Cold Beverages (and a Special Beer Garden for Adults - ages 21 & Over)/ June 15t' July 20th August 17m September 21~t October 19th Baffle of the Bands: "Orlon", "The Trytones" and "Identity Crisis" (Teen. Concert) Straight Shooter (Country) Heidi and The El Cats (Acoustic Blues) Island Heat (Calypso/Soca) The Scharff Brothers Band (Pop/Rock) A City of Boynton Beach Recreation Department Special Event For More Information, Please Call the Special Events Office at 561-742-6222 V-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEACH ITEM A. 3 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 19, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to CiB, Clerk's Office Meeting Dates [] July 17, 2001 _July 3, 2001 (5:00 p.m.) [] September 18, 2001 [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 [] August21,2001 August 8, 2001 (5:00p.m.) [] October 16, 2001 [] September 4,2001 August22,2001 (5:00p.m.) [] Novembert, 2001 [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business c:~ ,,~_.~ AGENDA ITEM [] Public Hearing [] Legal ..~_< [] Bids [] Unfinished Business [] Armouncement [] Presentation RECOMMENDATION: :'~ ~ Announce awards the Recreation Department received at the Florida Festivals and Events Association~mu~i~ Convention and Trade Show, held in Jacksonville in July. ~ -~ ,.,aa. EXPLANATION: Five awards were received for excellence in promotional materials. 1st Place - Best Commemorative Poster for Boynton Beach G.A.L.A. Poster 2001; 1s~ Place - Best Newsletter for three consecutive issues of Funfare! Magazine; 1s~ Place - Best Newspaper Special Section for 2001Boynton Beach G.A.L.A.; 3~ Place - Best Event Photograph for 2000 Holiday Parade; 3ra Place - Best Miscellaneous Printed Materials for 2001 Boynton Beach G.A.L.A. Event Schedule and Map. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Name t City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC V-ANNOUNCEMENTS & PRESENTATTONS ]:tern B.l.a WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities, firefighters throughout the State and across the nation have joined the Muscular Dystrophy Association for the past 48 years in the fight against neuromuscular diseases; and WHEREAS, Flodda firefighters collected a recordbreaking $1,106,005 in over 300 communities with their 2000 'Fill the Boot" campaign for MDA, again making them MDA's largest source of'funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Boynton Beach Firefighters for their support and dedication; and WHEREAS, the funds collected by the City of Boynton Beach Firafignters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Boynton Beach Firefighters, the Muscular Dystrophy Association is sponsoring City of Beynton Beach Fireflghter Appreciation Week; and WHEREAS, it is appropriate for all City of Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to ourfirefighters. NOW, THEREFORE, BE IT RESOLVED that I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Beynton Beach, Florida, do hereby proclaim August 27 -September 3, 2001 as "City of Boynton Beach Firefighter Appreciation Week" and commend the City of Boynton Beach Fireflghters for their efforts on behalf of the Muscular Dystrophy Association. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 21"* day of August in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) ,200 CiTY OF ........ ,o ~ BEAClt CITY :7 Ms. Janet Prainito City Clerk Office 100 E. Boynt0n Beach Blvd. Boymon Beach, FL 33425 Dear Ms. Pminito: I am writing to request your assistance in recognizing the outstanding efforts of the City of Boynton Beach Firefighters for their efforts for the Muscular Dystrophy Association. The money collected in their 2000 "Fill the Boot" campaign, combined with the totals from fire departments across the state, brought in a record breaking $1,106,005. Florida firefighters hold the #2 position in state rankings for funds collected for MDA. To show our appreciation for the firefighters, the Muscular Dystrophy Association. is sponsoring Firefighter Appreciation Week August 27th through September 3~a, 2001. I am requesting that the City of Boynton Beach proclaim this week, "City of Boynton Beach Firefighter Appreciation greek". This courageous group of men and women can be recognized not only for their service to our communities but also for their dedication to local children and adults battling muscle disease. Enclosed you will find a sample proclamation. We would appreciate you presenting the proclamation at a council meeting during the month of August 2001. '. 71/~/~/~ '.,~,~~ ~., ': ';" Please advise me of the date and time that a formal present, anon can be made.~- · ~ ~ Thank you in advance for your kind consideration of this request. Sincerely, Sonia O'Farrell ' ' Program Coordinator Muscular Dystrophy Association 3222-D Commerce Place / West Palm Beach, FL 33407 / Phone 561-242-5084 / Fax 561-471-1514 www. mdousa.org UNIVERSITY Florida Institute of Government Dr [,,Im DeGrove, Chair -- - Dr. h,lm Scott Dai[ev, Executive Dii'ector Dr. LaDce deHav~.'n-Smd'~, A~octate Director '-'~ ~TFICE V-ANNOUNCEbtENTS & PRESENTATIONS Rem B.2 July 17, 2001 Janet Prainito City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Dear Clerk Prainito: Enclosed is a Certificate of Completion to be awarded to Commissioner Mack McCray. This certificate is for completing eighteen hours of instruction at the InStitute for Elected Municipal Officials. '- You, as City Clerk, are well aware of thC importance of this accomplishment. Therefore, we ask that this presentation be included as an agenda item for your next council/commission meeting and be formally recorded in the minutes. Thank you so much for your cooperation on this. If you have questions, please call me or Kathy Jolly at (850) 487-1870 or SC 277-1870. John Scott Dailey Executive Director JSD/as enclosure Woodcrest Office Park · 325 John Knox Road ' Bldg. 300, Suite 301 EC · Tallahassee, FL 32303 (850)'487-1870 * FAX (850) 487-0041 * SUNCOM 277-1870 Requested City Commission Meeting Dates [] July 17,2001 [] August 7,200t [] August21, 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 (5:00p.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 cD [] Consent Agenda [] New Business [] Public Hearing [] Legal ~ :w -':~ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of CHARLESTON, ILLINOIS, BID #PW-00-10-~r the PURCHASE OF ONE (1) 8" EMERGENCY BY-PASS PUMP from GODWIN PUMPS OF AMERICA in the amoun~ of $41,223.00. EXPL~NATION: Procurement Services Division received a request from Utilities Department to "piggy-back" the Charleston, Illinois bid for the purchase of one (1) 8" emergency by-pass pump from Godwin Pumps of America. The cost for the 8" pump is $34,863.00 plus $6,360.00 for hoses and accessories. Godwin Pumps offers options that most manufacturers cannot provide such as: maximum flows of 3200 gpm, solids handling capacity of 3", total dynamic head of 180 ft., "dry prime" patent priming system, and 24 hour parts and service. Procurement Services Division recommends Commission's review, evaluation and approval. PROGRAM IMPACT: This pump is needed by Wastewater Pumping Division in the event of an emergency. The pump Wffi be used in an emergency situation when there is a problem at one of the Master Lift Stations. FISCAL IMPACT: Funds are available in the FY2000/2001 budget as follows: Account Description General Equipment Account Number 401-2816-536-64-02 Budget $ 41,223.00 ~" l~p~ty Director of Financial Services Procurement Services Department Name '- ~(2fty~lanager's Signature City Attorney 7 ~i~mnce 7 Human Resources cc: John Guidry - Utilities File S:XBULLETIN~ORMSX~&GENDA ITEM REQUEST FORM.DOC MEMORANDUM ~ Utilities #0 l- 153 TO: FROM: Bflt Atkins, Pro~es 7.2¢ot DATE: July 24, 2001 SUBJECT: Piggyback Bid #PW-O0-10 - City of Charleston, IL Agenda Item Pump & Piping System In the 2000/01 budget, the Utilities Department requested and received approval to purchase one (1) 8" emergency by-pass pump. After considerable research, we have identified a current bid for the pump equipment required. The current Bid #PW-00-01 is from the City of Charleston, IL and was awarded to Godwin Pumps of America. This bid includes the specifications for one (1) 8" pump anffaccessories. The Utilities Department would like to piggyback this bid for the purchase of this pump plus purchasing the hoses and accessories. Godwin Pumps offers options that most manufacturers cannot offer. For example, maximum flows of 3200 gpm, solids handling: capacity of 3", total dynamic head of 180 ft., "dry prime" patent priming system, and 24 hour parts and service. These issues are needed by the Wastewater Pumping Division in the event of an emergency. This pump will be used in an emergency situation When there is a problem at one of the Master Lift Stations. The cost for the 8" pump is $34,863.00 plus $6,360.00 for hoses and accessories, for a total cost of $41,223.00. Godwin Pump has offered to extend this price to the Utilities Department based on the above bid. Attached is the proposal outlining specifications and pricing. Funds are available in account ~401-2816-536-64.02. Please present this at the next Commission meeting for Commission approval. If additional information is needed, please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. /gb XCl Mark Law Tony Lombardi Jim Hart Barb Conboy REQUEST FOR REQUISITION H.T.E. ENTRY DATE: 7/24/01 H.T.E. REQUISITION # Clerk: G.Barden Procurement Ass't: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Piggyback City of Charleston,IL to purchase one 8" emergency by-pass pump. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Godwin Pumps of America, Inc. Admin. ( ) Date: 7/24/01 ASAP x Address: 16830 Chicago Avenue Construction ( ) Date Needed: 8/7/01 Confirm. ( ) Lansing, IL 60438 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): John M. Paz 708-889-1560 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x ) (over $500) Pumping (x ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: ~/~07 il PWMaint. ( ) BidDocs. (x) W. WTP 42 ( ) ~/fftj~d/ [ P WOPs. (, Sole SourceLtr. () P/U 99 () INITIATOR: Tony Lombardi Jm' Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 34863.00 Godwin Dri-Prime Model CD225M 401 2816 536 64 02 34863.00 Automatic Self-Priming Diesel Pumpset 1 6360.00 Hoses & Accessories for pumpset 6360.00 Total Cost 41223.00 O:\sac-assistanceXrequisition blank.doc jUL-23-01 18:27 FROM=GODWIN.PUMPS.SC ......... ID:18438182230 July 23, 2001 City of Boynton Beach Attontion: Mr. Lombardi Page 3 QUOTATION ** A I)ESCR?TION Godwin Dri-Prim~ Model CD225M Automatic Self-Priming (to 28 feet) Diesel Pumps~. 8" S~tion and Discharge Connection. · Solid~ handling to 3¼", · Dry Rmming Oil Bath Mechanical Seal. Ddven by John Deerc 4045T, 99 HP ~ 2200 RPM, water cooled diesel engine, ,, Mounted on a highway trailer with integral 100 gallon fuel tank and lifting bracket. . Average ~uel consumption 4.2 GPH ~_, ! 80O RPM, UNIT TOTAL SALE_PRICE ~ Total Sale Price $34,863.00 - jUL-23-01 IO~27 FROM:GODWIN.PUMPS.SC ......... ID:18~3818~30 July 23, 2001 City of Boynton Boo. ch Attention; Mr. Lombardi Page 4 ** S.~! ~E OUOTATION ** ITEM OTY. A B 3 C 1 D I E DESCR3, PTION Sewer Screen with Male Godwin Quick Disc, onne~t 8" x 10' Heavy Duty Suction Hose with Godwin. Quick Di~conneot 8" x 10' Willcox Hose with Godwin Quick Di~cormect 8" x 20' Willcox Hose with Godwin Quick Disconnect 8" Female Godwin Quick Disconnect Flange Adapter TOTAL SALE PRICE UNIT SALE mcg.. $ 246.70 $ 478.56 $1,904.72 $2,609.03 $ 163.86 TOTAL SALE PR!_CE $ 246.70 $1,435.69 $1,904.72 $2,609.03 $ 163.86 $6,360.00 ~Y-21-01 12:20 FRO~:GODWIN.PURPS.SC ......... ID; 1843818~30 ~A~£ 13/13 Total One ~'].oodgat~, iload ~=idge~o~t, N~ 08014 ,863° O0 $~, O0,/~t. $54.00 s~.4. o o 86,$$0. ~..T.:I., 400, O0 ~3,800. O0 $324.00 $108.00 $324 $108.00 $57,287.00 Local Serv,.-kce 16C~8~in P~ps o4-An~r~ca, Inc. 0 Chicago Avenue Lansing, IL 60438 Phaue: 708-889-1560 Jun-12-O! 10:12A City of Charleston 217 34B 7BB4 P.01 Charleston "The Friemtlv City" MUNICIPAL EIUILDIHG July 19, 2000 ~20 .JACKSON AVENUE Godwin Pumps Attn: Bob Spatz 16830 Chicago Avenue Lansing, IL 60438 RE: Bid Award ~A~-(~ Pump & Piping System July 10 Bid Opening Ro,vct;e M. Co*:gilt - Mayr : Gl IARLE~TON, ILi.iNOIS 61920 Your bid of $57,287.00 has been approved. The bid documents require delivery of the equipment and materials within 30 days of this eward letter. We wouid.prefer [o begin pipe assembly on Monday, August 14, if possible. Please call me at 217-345-8455 tO arrange a delivery date and fl~e start of pipe assembly. 217/~45-2484(ClTI) FAX: 2.17/345-755Z~ . Sincerely, ~_/-'- ....... , ..... Public Works Director Jul-10'Ol 08:54pm From-GODWIN PUIdP$ G^ 17705~g7517 T-770 NI]~ OF ~IARLI~rrON PUMP & l=lp~a P.11/15 __ II _ . _ ]11 _ . Jul-In-Q1 OB:B4pm From-~iODWIN PUMPS ~;om~ = GODW cn'Y OF CHARI..~'I'QN BID 8PEOIRC.,AI'ION4~ PUMP & PIPIPl8 ~ P.12/1B F-85B A 11. Jul-lO-01 JUL- From-GODWIN PUMPS GA N · PUMP5 · ~ ......... ToUil mbmi,~ Sm 17TOB2gTH1T T-770 P. 15/15 === wN.wd ,,,, One F],ocx~a~:e Po:ad Requested City Commission Meeting Dates [] July 17, 2001 [] August 7,2001 [] August 21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR 0C-8 22 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 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: A motion to extend the "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES", Bid #095-1412-00/CJD, for one additional year, to various vendors for an annual expenditure of: $175,000.00. CONTRACT RENEWAL PERIOD: OCTOBER 18, 2001 TO OCTOBER 17, 2002 New Bid#: 091-1412-01/CJD EXPLANATION: At the Commission meeting of October 17, 2000, this bid was awarded to various vendors. They have provided us with excellent service throughout the contract period. This bid will expire on October 18, 2001, howe.ver, according to the Terms and Conditions, we have the option to renew this bid and extend the prices for an additional year, provided both parties agree (see attached letters from the vendors). Dominic DeMauro, Warehouse Manager concurs with this request (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of various automotive parts stocked in the Warehouse. The supplies are used in the Public Works Department within the City. FISCAL IMPACT: ACCOUNT NUMBER WAREHOUSE INVENTORY 502-0000-141-01-00 Deputy Director of Financial Services Procurement Services Department Name S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC C: Dominic De Mauro -Warehouse Manager File EST. ANNUAL EXPENDITURE $175,1}00.00 - C~t~ Manager's Signature City Attorney / Finance / Human Resources RECEIVED The City of Boynton Beach 2001 Finance Department WAREHOUSE DIVISION TO: Bill Akins Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: August 7, 2001 SUBJECT: Automotive parts/supplies #095-1412-00-CJD Please extend the current bid #095-1412-00-CJD for automotive parts/supplies for another year, as their performance is satisfactory. The account number to be charged is 502-0000-141-00-00.The estimated annual expenditures is $175,000.00. If you have any question please call me at 6324. NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "01" BID#: 095-1412-00/CJD RECEIVED Agreement between the City of Boynton Beach, Owner; and ,JUL 13 2001 COLD AIR DISTRIBUTORS PURCHASING (Company's Name) 0_,3 Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 ~ Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) DATE TITLE (AREA CODE) + TELEPHONE NUMBER NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "01" BID#: 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and MAROONE FORD OF DELRAY Contract Extension Period: ~ OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF COMPA~ NAME OF REPRESENTATIVE (please print) DATE TITLE (A~5~A CODE) + TELEPHONE NUMBER NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "01" BID#: 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and MAROONE NISSAN DODGE OF DELRAY (Company's Name) Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF COI~,IP~ $IGN~.T~ NAME OF REPRESENTATIVE (please print) DATE TITLE (A.~A CODE) + TELEPHONE NUMBER RECE/VED Jl& 10 2m' NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "01" BID#: 095-1412-00/CJD Agreement between the City of Boynton Beach, Owne~, and MAROONE CHEVROLET OF GREENACRES (Company's Name) Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 Yes, i agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE SIONATOR~ TITLE (AREA CODE) + TELEPHONE NUMBER RECEIVED JUL 10 2001 NAME OF BID: BID#: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES ,,01- RECEP 9 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and PALM BEACH SPRING CO. (Company's Name) Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 J Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF REPRESENTATIVE (please print) DATE (ARE, A CODE) + "['E~E?~O~---., ~-MBE~ NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE iPARTS/SUPPLIES .......... ~ "01" R~ '~,,-/-,~'L ¥ ~:~-~ BID#: 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and ROGER DEAN CHEVROLET, INC. (Company's Name) Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 ~ Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. NAME OF COMPANY (~NXTURE N~IE OF REPRESENTATIVE (please print) DATE TITLE (AREA CODE) + TELEPHONE NUMBER NAME OF BID: BID#: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and BOYNTON AUTO SUPPLY, INC. (Company's Name) JUL 9 .... :, Contract Extension Period: OCTOBER 18~ 2001 TO TO OCTOBER 17~ 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions.. No, I do not wish to renew the contract at this time. N<AME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE TITLE (AREA CODE) + TELEPHONE NUMBER NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "01" BID/t: 095-1412-00/CJD Agreement between the City of Boynton Beach, Owner; and O.C. TAYLOR (Company's Name) Contract Extension Period: OCTOBER 18, 2001 TO TO OCTOBER 17, 2002 ~ Yes, I agree to renew the existing contract -under thesame Terms and Conditions. No, I do not wish to renew the contract at this time. · SId~IATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) + TELEPHONE NUMBER AL~-~-2001 08:12A FROM: TO:T42650G NA.M~.~ OF BID: ANNUAL CO~IltA~ FOR AUTOMOTrv~ PARTS/~PPLIES ConU'x;t Extras/on P~i0cl: OCT0a~:R ~& _2~01 TO TO OCTOBER I?. 2002 No,, i do not wish m t'cncw ~ conu'a~ a, this ~n¢. P:2~3 'G~nu-ine Paris Co. (Nape) Rober~ ll'...Garner NAM~ OF'RI~RES~rA~ August 3,. '2001 WPB Jobbing D.is.trict M~r. (561) 615-8140 (ARF.,A CODE) + Tf/LEPHONI~ NUMBF~R I~3aME OF BID: ANNU~.L CONTR.&CT FOR AUTOMOTIVE PARTS/SUPPLIES '"01' BID#: 095-1412-00/CJD_ Agrevment between the City of Boynton Beach, Owner; and S & H DISTRIBUTORS ~ (Company's Name) Contract Extension Period: .OCTOBER 18, 2001 TO TO OCTOBER 17. 2002 Yes, I agrem to renew the existing contract ~nd~ tho same Ten~s and Conditions. No, I do not wish to renew the contract at this time. NAME OF COMPANW SIGNATURE NAME OF REPRESENTATIVE (p~ease p~int) q /3 o ~ATE/C ! TITLE (AREA CODE) + TELEPHONE NUMBER FROM : DEr_RAY LINCOLN MERCURY INC~ Ft~X NO, : 561265~16 Jul. NAME OF BID: ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES BID#: ~ Agr~mcnt between the City of Boynton Beach, Owner; and DELRAY LINCOLN MERCURY (Company's Name) Contract Extension Period: OCTOBER 18. 2001 TO T,,O OCTOBER 17. 2002 ~ Yes. I agre~ to renew thc existing contract under ~he same Terms ami No, I do not wish to renew thc coutract at this ~ime, NAMB' OF COMPANY TITLE (AREA CODE) + TELEPHOIVE NUMBF. R Requested City Commisston Meeting Dates [] July 17, 2001 [] August7, 2001 [] August21, 200l [] September 4, 2001 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 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) P,~quested City CommissiQn Meetin~ Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 V?.-CONSENT AGENDA ITEM B.3 Date Final Form Must be Tun~ 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: A motion to award the bid for "CO-OP CHEMICALS AND FERTILIZER", (Delray Beach is the lead agency) Bid#079-1411-01/CJD to various vendors based on the lowest, most responsible, responsive bidders who meet all specifications. City of Boynton Beach's anticipated expenditure is: $96,000.00 CONTRACT PERIOD: JULY 11, 2001 TO JULY 10, 2002 EXPLANATION: This is a joint bid with the City of Delray Beach acting' as the lead agency. On May 30, 2001, the City of Delray Beach opened and tabulated seventeen (17) proposals. The award recommendation was based on Iow bid per item. In some items substitutes were submitted and approved for award; and, when a tie bid occurred, the award was made to the vendor located closest geographically to Delray Beach .for delivery purposes. All recommended vendors are considered to be the lowest, most responsible, responsive bidders meeting specifications. Agenda Request and Award Recommendation Memo from the City of Delray Beach are attached. Dominic DeMauro, Warehouse Manager, Glenda Hall, Parks Supervisor and Scott Wahlin, Golf Course Superintendent concur with this recommendation (see attached memos) PROGRAM IMPACT: The purpose of this bid is to establish firm prices for the purchase of Chemicals and Ferilizer for the various departments. These supplies are ordered on an "As Needed" basis and some items are stocked in the City's Warehouse. FISCAL IMPACT: GOLF COURSE: (FERTILIZER) (CHEMICALS). PARKS DEPT.: WAREHOUSE: ~ TOTAL E3~ENDITURE: ~ Dep[it~ Dkector 6f ~'~ancial Services/Date Procurement Services ACCOUNT NUMBERS Department Name C: Dominic DeMauro, Warehouse Manager. Scott Wahlin, Golf Course Superintendent 411-2911-572-52-19 411-2911-572-52-21 001-2730-572-52-21 502-0000-141-01-00 City Manager's ESTIMATED ANNUAL EXPENDITIFRE $26,000.00 $48,000.00 $18,000.00 $ 4.000.00 $96,000.00 Signature City Attorney / Finance / Human Resources Glenda Hall, Parks Superintendent File Memorandum To: Bill Atkins, Deputy Director of Financial Services From: Scott Wahlin, Golf Course Superintendent Date: August 8, 2001 Re: CO-OP FERTILIZER AND CHEMICAL BID #2001-25 We concur with Delray Beach's recommendation for the CO-OP Fertilizer and Chemical Bid #2001-25. Our projected expenditures and account numbers are as follows: Fertilizers Account 411-2911-572-52-19 Chemicals Account 411-2911-572-52-21 If you have further questions, please let us know. $26,000.00 $48,000.00 RECEIVED AUG ~ 200l ~:~RC ~F~C'~ RECEIVED TO: CAROL DOPPLER FROM: GLENDA HALL, PARKS SUPERVISOR AUg i 2001 RE: CO-OP FERTILIZER AND CHEMICAL BID # 2001-25 Date: 7/31/01 I CONCUR WITH DELRAY BEACH'S RECOMMENDATIONS FOR THE ABOVE BID. THE ACCOUNT # FOR THESE PURCHASES IN THE 2001-2002 BUDGET IS 00127305725221. THE ESTIMATED EXPENDITURE FOR THIS BID IS 18,000.00. l]:; ANY QUESTIONS FEEL FREE TO CALL ME AT EXT. 6228 THANK YOU GH/sph Doppler, Carol From: Sent: To: Subject: DeMauro, Dominic Wednesday, August'01, 2001 10:01 AM Doppler, Carol co-op fertilizer We have received the tabulation sheet from your office: The warehouse is agrees with Delrays recommendation. We estimate spending $4.000.00 for the year account 502- 0000-141-00 If yoU have any question please call. Dominic DeMauro DELRAY BEACH 1993 REC D June 28, 2001 Members of the Palm Beach County Cooperative Purchasing Council RE: Bid #2001-25 - Co-op Bid "Chemicals and Fertilizers" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the City of Delray Commission Agenda package with bid awards broken down per item number for Chemicals and Fertilizers. This contract is scheduled for the July 10, 2001, Commission Agenda. The City of Delray Beach recommended award to low bid. per item to the responsible, responsive bidder who bid per the required specifications. In some items substitutes were submitted and approved for award. In the case of tie bids, the award was made to the vendor closest to the City of Delray Beach. In the case of minimum shipping requirements, as stated by vendor(s), each entity may choose to award accordingly to their quantities and minimum shipping size requirements and storage space available. If you have any questions, you may contact me at (561) 243-7163. Jacklyn Rooney ' Purchasing Supervisor Attachments Cc: Joseph Sa~Br~ance Director City of Boca ~at0n City of Boynton Beach City of West Palm Beach Solid Waste Authority of Palm Beach County City of Belle Glade Dominic DeMauro - Warehouse Manag Glenda Hall - Parks Superviso Eric Falstad - G.C. Superinten AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: July 10, 2001 Date: June 28, 2001 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve multiple awards to Iow responsive bidders for Bid #2001-25, Co-op Bid - Chemicals and Fertilizers - Annual Contract, at an estimated annual cost of $183,000 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Bid award to multiple vendors for the purchase of chemicals and fertilizers per the City of Delray Beach Co-op Bid #2001-25. Funding from the City of Delray Beach Parks and Recreation operating budget at an estimated annual cost of $69,000 and City of Delray Beach Municipal Golf Course and Lakeview Golf Course operating budget of $114,000. Department Head Signat;;~'i"~ - Determination of Consistency w~it~Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yesv'/~ No Funding alternatives: ~'~ /~ Account Number:. ' X. ~ t~J.. ~~-~'~'J~\ Account Description:~0 Account Banana: (if applicable) City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Rooney, Purchasing Supervisor~ Jacklynjoseph Sa~nance Director // June 28, 2001 DOCUMENTATION - CITY COMMISSION MEETING JULY 10, 2001 - BID AWARD - BID #2001-25 CO-OP BID CHEMICALS AND FERTILIZERS Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s), as stated below, at an estimated annual cost of $183,000 for the City of Delray Beach. Back~ound: The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on May 30, 2001 from seventeen (17) vendors, ali in accordance with City purchasing policies and procedures. (Bid #2001-25, documentation on file in the Purchasing office.) A tabulation of bids with the awarded vendor highlighted and award recommendations per item number is attached for your review. A meeting was held on June 21, 2001, with Tom Arendt, Delray Beach Municipal Golf Course, Tom Gynn, Lakeview Golf Course, Tim Simmons, Parks Superintendent, and Purchasing to review bids received and make award recommendations. See attached memo dated June 28, 2001 to Palm Beach County Cooperative Purchasing Council.~ Awarded vendors are as listed below: Vendor(s'}: Argo Distribution d/b/a Pro Source One DuCor International Corp. Glades Formulating Corp. Harrell's Inc. Helena Chemical Company Lesco Inc. Parkway Research Southern States Coop United Horticulture Supply UAP Timberland L.L.C. Vopak Van Water & Rodgers Atlantic FEC Fertilizer & Chemical Co. Howard Fertilizer Co. Inc. Regal Chemical Company Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost $183,000 for the City of Delray Beach. Funding from the City of Delray Parks and Recreation Department operating budget of $69,000 and City of Delray Beach Municipal Golf Course, and Lakeview GolfCourse operating budget of $114,000. Attachments: Tabulation of Bids Memo to Co-op Members Award Recommendations Memo From Pro Source One Memo From City of Boca Raton Cc~ Joe Weldon, Director of Parks & Recreation Ray Eubank, Superintendent of Parks & Recreation Brahm Dubin, Delray Beach Municipal Golf Course Tom Arendt, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course City of Boca Raton. City of Boynton Beach City of West Palm Beach Solid Waste Authority of Palm Beach County City of Belle Glade City of Lake Worth r ~ ~ m ~ Q m - Z : ~ ~ I 0~o ~ . ~ ~' ~ ~~ ~ , ,. ~.: .. '~; ~-~2 -.-~,tt. :~ ~~'~:'"' ~ ~ ~-~' ~ ~ ' · m t'!1 z ~-. .m -r' m ~ m N Ill :3: m C~ m m c) -r rn m ~ ITl Ill N IT1 -r' rtl ~ ~':~n ITl m ~ Dun 18 O1 10:48a PROSOURCE OHE 40?88401 June 18, 2001 Reference: Bid # 2001-25 Chemicals Jackie Rooney City of Delray Purchasing Department Dear Jackie, SUBJECT: WIqTHDRAWI. OF ITEM Due to ~ clerical mishap, I would like to withdraw our bid for item ~. I apotogize in advance for any inconvenience this may have caused. Th, nk you, Stephanie Lin,:on AVM Operations Coordinator Agro Distribution DBA ProSource One 407-886-4744 26'01%V. Orange Blossom Trail · P.O. Box 200 · Plymouth, FL 32768 · Phone 407/886-4744' · Fax 407/884-0111 PU~CHF~gING ~QC~t ~fllON ~ax:561-595-7985 Jun 27 '01 11:12 P. 02 CITY HAL[ ' 20i WEST PALMETTO PARK ROAD ' EIOCA RATON, FLORIDA 33432-3795 · PHONE; {561) 393-7700 June 27, 2001 Jackie Rooney, Purchasing Supervisor City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444-2612 RE: Recommended Award for Delray Beach Co-op Bid No. 2001-25, Chemicals and Fertilizers Items 10, 11, and 58 of the Chemical portion The City of Boca REtOrt greatly appreciates your efforts as lead agency for this cooperative bid and the opportunity to participate in it. Per your request, the City has evaluated the responses for items 10, 11 and 58 of the Chemical portion of Bid No. 2001-25, Chemicals and Fertilizers. We recommend award of these items as follows: Item 1___!.~0 Buffer. Control: The C ty. rejects the Iow bid submitted by Parkway Research Corporation (prod uct name BUpH-alo) and recommends award to the second Iow bidder, Du Cor International roduct name Buffer It) The justification for this decision is that it requires two to four times as ~" mPuch of the BUpH-alo product to achieve a given pH level compared to the quantity required by the ",.. Buffer It product to reach that same pH level (based on treatment of 100 gallons of water). Ite_.m_._1 !.,....C..bi0co 260! 9: The City recommends award to the Iow responsive bidder, Helena Chemical Co (Subdue MAXX). !tern_5:__8 Subdue 2E: The City recommends award to the iow responsive bidder, Glades Formulating Corporation (,product name Quell). Please call me 393-7872 if you have any questions. Buyer -- AN £OUAL 0ImlmmORTUNITY F.,MP~oY;R .... CHEMIC~ AND FERTILIZERS BID #2001-25 AWARD RECOMMENDATIONS CHEMICALS: ITEM # DESCRIPTION UNIT PRICE VENDOR COST COMMENTS I. Acephate 2. Alliette 3. Asulox 4. Atrazine 4L Herbicide 5. Award 6. Barricade 65 WG 7. Basagran Bivert Sticking Agent 9. Blazon SP or Equivalent 10. Buffer Control Southern States Coop $ 8.60 lb. 10 lbs./4 ea. min. Lesco $16.15 lb. Inc. Lesco Prodigy Signature 5.5 lbs./4 ea. min. Helena Chemical Company Helena Chemical Company $ 55.00i gal. 2.5 gal.~ min. $ 9.76 gal. 2.5 gal. min. Helena Chemical $6.21 lb. Company 25 lb. min. Harrell's Inc. Lesco Inc. Parkway Research Corp. Ducor International Corp. $ 34.50 lb. 5 lbs./6 ea. min. $69.50 Gal. Lesco Gran 1 gal. / 5 ea. min. No Award Incorrect Specifications $16.95 gal. 2.5 gal. / 2 ea. min Big Foot $ 7.40 gal. 6 gal. cont. Ducor Buffer It Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Should have been just "Bivert" Low bidder - Du Cor's shipping Size of 6 gal. too Large for st. orage Low Bidder - Park~vay Research bid a substitute Item CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR 11. Chipco ' Helena Chemical 26019 Company UNIT PRICE COST $ 98.98 gal. 2.5 gal. min. Chipco 26GT 12. Daconil Weather Vopak- Van $64.00 gal. Stick Waters & Rodgers 2.5 gal. jug Min. 13. Daconil ZN Vopak - Van W/Zinc Waters & Rodgers $44.50 gal.' 2.5 gal.,/2 ea. min. 14. DeFoamer .- Parkway Research $1.12 pt. Non Toxic Corp. 2.5 gals. / 2 ea. min 15. Diabrom 14 Argo Distribution $ 74.00 gal. dgo/a Pro Source 1 gal. min. COMMENTS Low Bidder for liquids which was requested Low Bidders Glades & Regal Bid substitute Items Low Bidder, Regal bid substitute, Tie Bid with Harrell's Award to Vopak - Closet to Delray Low Bidder Low Bidder 16. Ditera W.D.B. United Horticultural $15.00 lb. Tie Bid w/Helena Supply 20 lbs. Min United Closet to Delray $ 2.80 lb. Dithane T&O 12 lbs. Min. 17. Dithane 45 Argo Distribution Wetable Powder dgo/a Pro Source 18. Dursban 2.5% Helena Chemical $ .60 lb. Granular Company 40 lbs. Min. Dursgan 2.32% 19. Dursban Cricket Lesco Inc. $ .44 lb. 40 lbs. Min. Bait 1% Lesco Dursban 1% Bait Low Bidder Low Bidder Low Bidder 20. Dursban Plus No Bids Rec____eived CHEMICALS CONT ..... ITEM it DESCRIPTION 21. Dursban Pro 2 ½ gal.- VENDOR Harrell's Inc. 22. Finale Herbicide Harrell's Inc. 23. Fire Ant Amdro Bait (Granular) 24. Fusilade Liquid 25. Garlon 424 (vegetation mgmt.) 26. Heritage 27. Illoxan 3EC6 Image (contains ammonium, salt imazaquin) Kerb 50 W SP 28. L1 700 Surfactant Penetrant Acidifier 29. Lemwet 30. 31. Manage Herbicide 1.3 oz. Per bottle Mavrik 32. UNIT PRICE COST 33. $32.95 gal. 2.5 gat. / 2 ea. min. $ 46.00 gal. 2.5 gal./2 ea. min. Vopak Van Waters & Rodgers Argo Distributors d/b/a Pro Source UAP Timberland L.L.C. Vopak Van Waters & Rodgers Harrell's Inc. Argo Distribution Company d/b/a Pro Source United Horticultural Supply United Horticultural Supply Parkway Research Corp. Helena Chemical Company Regal Chemical Company $ 5.52 lb. 25 lbs. Min: $122.00 gal. 1 gal. min. $ 79.91 gal. 2.5 gal. / 2 ea. min. $ 345.00 lb. 1 lb. min. $107.00 gal. 1 gal,/4 ea. min. $68.42 container of 11.43 oz. dry 70 DG $27.35 lb. 3 lbs. / 14 ea. $25.70 gal. 1 gal. / 4 ea. Min. $ 5.95 gal. Dew Down II 2.5 gals. / 2 ea. min. $70.78 btl. 1 btl. min. $288.00 gal. 1 qt. min. COMMENTS Low Bidder Low Bidder Argo - withdrew their bid due to error Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder All other bidders submitted a substitute item Low Bidder Low Bidder Low Bidder CHEMICALS CONT ..... ITEM . # DESCRIPTION 34. Merit or equal 35. Mocap 10O 36. Mole Cricket Bait 37. MSMA 6.6 38. MSMA + Surfactant 39. Nemacur (3) Liquid 40. Nemacur 10Q 41. Organicide 42. Orthene (1 lb. can) 43. Orthene TTO 44. Pendulum 3.3 EC 45. Pre-M VENDOR Lesco, Inc. Helena Chemical Company Argo Distribution d/b/a Pro Source Helena Chemical Company Southern States Coop Helena Chemical Company Helena Chemical Company Helena Chemical Company Helena Chemical Company UNIT PRICE COST $14.90 oz. 1.6 oz./4 ea. x 4 min. $1.69 lb. 50 lbs. min. $. 38 lb. 40 lbs. min. 0.5% $15.38 gal. 2.5 gals. min. $16,20 gal. 2.5 gal./2 ea. min. $79.28 gal. 2.5 gal. min, $ 2.82 lb. 50 lbs. min. $ 21.19 gal. 5 gals. min. $ 9.97 can 2 lbs. min. Helena Chemical Company $ 9.74 lb. 2 lbs. min. Vopak Van Waters & Rodgers Lesco Inc. $35;99 gal. 2.5 gal. jug min. $ 8.00 lb. 10 lbs. / 5 ea. min. Lesco Pre M 60DG COMMENTS Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Lesco bid an Alternate Item Low Bidder- Lesco bid an Alternate Item Low Bidder Low Bidder - Helena bid an Alternate Item CHEMICALS CONT ..... ITEM # DESCRIPTION 46:. Primer 604 47. Primo 48. Prostar 50 WP 49. Reward 50. Rodeo 140 51. Ronstar 2.G 52. Round-up Herbicide 53. Round-Up Pro 54. Round-Up Pro 2 ½ gal. btl. 55. Sencor75 T.H. VENDOR UNIT PRICE COST Du Cor Intemational Corp. $ 36.25 gal. 6 gal. container Du Cor Surmount Helena Chemical Company $ 330.00 gal. 1 gal. min. Primo MAXX Lesco Inc. Helena Chemical Company $34.95 lb. 1 lb./10 ea. min. Pro Star 70 WP $85.00 gal. 2.5 gal. min. UAPTimbedand L.L,C. Regal Chemical Company Glades Formulating Corp. Helena Chemical Company Helena Chemical Company Helena Chemical Company $ 77.30 gal. 2.5 gal./2 ea. min. $1.16 lb. 50 lb. bag min. Regal Ronstar AC $26.00 gal. 2.5 gal./2 ea. min. Olyfos ' $ 32.98 gal. 30 gal. drum min. $ 33.22 gal. 2.5 gal. min. $ 29.17 lb. 5 lbs. min. COMMENTS Low Bidder Tie Bid with Southern States Coop - Helena Closest to Delray Low Bidder Tie Bid with Agro, Glades, & UAP Helena closet to Delray Low Bidder- Helena bid an alternate item Low Bidder Low Bidder Low Bidder - Glades bid an alternate item Low Bidder- Glades bid an alternate Low Bidder CHEMICALS CONT ..... ITEM # DESCRIPTION 56. Sevin 80-WSP 57. Snail & Slug Bait Pellets 58. Subdue 2E 59. Subdue Grandular 60. Surflan AS T/O 61. Talstar Liquid 62. Talstar .2G 63. Tank Newtralizer 64. VENDOR United Horticultural Supply Helena Chemical Company Glades Formulating Corp. Argo Distribution d/b/a Pro Source Helena Chemical Company Lesco Inc. Southern States Coop DuCor International Corp. UNIT PRICE COST $ 5.25 lb. 8 x4x 1.25 lbs.min. $ .88 lb. 25 lbs. min. $ 436.00 gal. 1 gal./2 ea. min. Quell $ 2.75 lb. 25 lbs. min, $ 76.98 gal. 2.5 gal. min. $156.25 gal. 1 gal./4 ea. min. $ .745 lb. 50 lb. bag min. $ 6.60 gal. 6 gal. container DuCor Neutrality COMMENTS Low Bidder Low Bidder Low Bidder Low Bidder LowBidder Low Bidder Low Bidder Low Bidder Tracer Dye Parkway Research $16.95 gal. Low Bidder - Blue Dye'Spray Corp. 2.5 gal./2 ea. min. Du Cor's container Big Foot size of 6 gallon Too large 65. Trimec Plus Helena Chemical Company 66. Wetting Agent Du Cor International Corp. $ 27.50 gal. 2.5 gal. min. $ 5.95 gal. Du Cur Wet In Plus - 6 gal, Container min. Low Bidder Low Bidder FERTILIZERS: ITEM UNIT PRICE # DESCRIPTION VENDOR COST COMMENTS 1. 0-0-7 Southern States W/Atrazine Coop $ .0976 lb. 0-0-21 Argo Distribution $ 0.11 Lb. Sul Po-Mag cl/b/a Pro Source 50 lb. bag Granular 0-0-45 Super Southern State K Greens Turf Coop Fertilizer Howard Fertilizer Co. Inc. 5-10-17 Ronstar .95%+ Argo Distribution d/b/a Pro Source 5-10-31 Professional Turf Fertilizer 6-6-6 Atlantic FEC 40% Organic Fertilizer Contains Secondaries & Chemical 8-0-8 Greens Mix Lesco Inc. 8. 8-10-10 Atlantic FEC Ornamental Fert. & Chemical Co. W/micronutrients $ .175 lb. $ .49 lb. 50 lb. bag $ .13 lb. 50 lb. bag $ .0879 lb. 2 ton min. 50 lb._bag $ .23 lb. Lesco 13-0-13 Elite 50 lb. bag $ .1258 lb. 2 ton min. 50 lb. bag 9. 13-3-13 Southern States $ .272 lb. Greens Mix Coop 10. 13-3-13 Tree & Vopak Van Waters $ .154 lb. Palm Fertilizer & Rodgers Palm Special -- Sunniland 50 lb. bag 11. 14-14-14 Plus Lesco Inc. $ .24 lb. minors for shrubs 40 lb. bag 100 % PPSC Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder- Sunniland min. shipping size of 4 tons too large Low Bidder - Golf Ventures min. shipping size of 4 tons too large FERTILIZERS CONT .... ITEM # DESCRIPTION VENDOR UNIT PRICE COST 12. 14-2-14 Micro Greens & Tee Mixture Southern States Coop $ .241 lb. 13. 14-14-14 Osmocote Southern States Coop $ .64 lb. 50 lb. bag 17-17-17 (4 mo. Feed) 14. 14-26-6 Sulfur Coated Landscape & Ornamental Starter Lesco Inc. $.25 lb. 40 lb. bag. 15. 15-5-10 With 1% Ronstar Southern States Coop $.4988 lb. 1% Ronstar 16. 15-5-10 (Bermuda St. Augustine, Bahia Fert. ) Vopak Van Waters & Rodgers $ .144 lb. Howard Brand 3% Fe 17. 16-4-8 Premium or equivalent Lesco Inc. $ .115 lb. 50 lb. bag Lesco 20% PPSCU 18o 16-4-8 with minor Elements Lesco Inc. $1.04 lb. 50 lb. bag 19. 16-4-16 Greens Mix 20. 16-25-12 Turf Starter Fertilizer 21. 17-1-10 Greens Grade Fertilizer Southern States Coop Southern States Coop Southern States Coop $ .2662 lb. $ .1292 lb. $ .243 lb. COMMENTS Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Sunniland - min. Shipping size of 4 ton too large Low Bidder - Sunniland Corp. Shipping size of 4 ton too large Low Bidder Low Bidder Low Bidder ITEM # 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. DESCRIPTION VENDOR 17-4-6 Weed & Feed Fert: With 0.76% Atrazine 18-2-9 Micro Greens & Tee Mixture 18-24-12 Professional Starter Fetilizer 19-0-19 Pre-Emergent Weed Control 19.25-5 Complete Course Starter 20-2-10 Professional Turf Fertilizer 20-20-20 Water Soluble Powder 21-0-0 Sulfate of Ammonia Granular Southern States Coop Southern States Coop Agro Distribution dgo/a Pro Source Howard Fertilizer Co. Inc. Southem States Coop Lesco Inc. Glades Formulating Corp. Argo Distribution d/b/a Pro Source 21-4-11 Greens Lesco Inc. Mix 22-0-22 (50 lb. bags) Lesco Inc. 24-5-11 (St. Lesco Inc. Augustine & Bahia) UNIT PRICE COST COMMENTS $ .1286 lb. Low Bidder $ .261 lb. Low Bidder $ .14 lb. Low Bidder $ .31 lb. 50 lb. bag Low Bidder $.155 lb. Low Bidder $ .138 lb. 50 lb.. bag Low Bidder $ .475 lb. 25 lb. bag $ .11 lb. 50 lb. bag Low Bidder Low Bidder $.27 lb. 50 lb. bag $184 lb. 50 lb. bag Lesco 1%0-19 75% PPSCU $ .14 lb. 50 lb. bag 50% PPSCU Low Bidder Low Bidder Low Bidder FERTILIZERS CONT ........ ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 33. 25-3-10 Turf Southern States Fertilizer Plus Iron Coop. 34. 29-3-5 Fertilizer Lesco Inc. w/Dursban 35. 36. 37. 38. 39. 40. 29-3-5 St. Augustine Regal Chemical Weed Control Company Plus Fertilizer 32-0-0 Urea Liquid Liquid Micronutrient Soil Supplement Milorganite Argo Distribution d/b/a Pro Source Argo Distribution d/b/a Pro Source Step Hi Mag (Trace Element Package, Greens Grade) Howard Fertilizer d/b/a Pro Source 12-2-14. Southern Vopak Van Waters Landscape & & Rodgers Ornamental Fert. W/micronutrients 5% re, 3% mn, 3% mg $. 1208 lb. 2 ton min. $ .293 lb. 50 lb. bag Lesco w/.74% Dursban $ .I8 lb. 50 lb. bag No Award $ 4.40 gal. 2.5 gals. $ .11 lb. 50 lb. bag $.30 lb. 50 lb. bag $ .191 lb. 50 lb. bag 12-4-12 Sunniland Brand Low Bidder Low Bidder Low Bidder Only one Bidder which bid by lbs. Requirement was For liquid Low Bidder Low Bidder (other low bid from Lesco was a substitute item) Low Bidder Low Bidder Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VI.-CONSENT AGEN DA 'rTEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned ia to City Clerk's Office 'July 5, 2001 (5:00 p.m.) July 18,200l (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 b~urne~ in to City Clerk's Olll~e September 5, 2001 (5:00 p.m.) S~tember 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.~ October 17, 2001 (5:00 p-mO 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 CONTRACT FOR DUMPSTER REPAIRS", Bid #093-2510-01/KR for one (1) additional year to EDWARD LAMONS of Boynton Beach, Florida for an estimated annual expenditure of $ 45~000.00. (New Bid #091-2510-01/KR) EXPLANATION: At the Commission Meeting of October 4, 2000, this bid was awarded to Edward Lamons for a one (1) year period. This bid will expire on October 4, 2001; but, according to the Terms and Conditions of the bid, we have the option to renew and extend the prices for an additional year, provided both parties agree (see attached letter from Edward Lamons). Mr. Lamons has provided satisfactory service in the past and Jeffrey Livergood, Public Works Director, and Larry Quinn, Solid Waste Manager, concur with this recommendation (see attached Memo #01- 06S). CONTRACT RENEWAL PERIOD: OCTOBER 5, 2001 TO OCTOBER 4, 2002 PROGRAM IMPACT: The purpose of this bid is to obtain a source to provide Public Works/Sanitation Division with a cost effective and timely service for the repair of the City's dumpsters. FISCAL IMPACT: BUDGET ACCOUNT NAME/# Dumpster Repairs 4311-2515-534-46-93 Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURE ' - M~ity Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Jeffrey Livergood, Public Works Director Larry Quinn, Solid Waste Manager S:'~BULLET1NkFORMSkAGENDA ITEM REQUEST FORM.DOC Chris Roberts, Assistant Public Works Director File TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM gO 1 ~065 Bill Atkins, Deputy Finance Director PROCUREMENT Jeffrey Livergood, Public Works Director Larry Quinn, Solid Waste Manager August 8,2001 Bid Extension for Dumpster Repair Bid g093-2510-00/KR I recommend that the bid to Edward Lamons Welding be extended through October 4, 2002 since the contractor is in agreement to extend his contract with the City and since the service received have been satisfactory. The account number for the bid is 431-2515-534-46.93 with a budgeted amount of $45,000 for FY2001/2002. If you have any further questions, please contact me at Ext. 6206. PL/LQ/pl Attachment The Ci~ of Boynton Beach I00 E. BoJ~ton Beach Boul~a~d P.O. Box $10 Bo3mton Beach, Florida $3425-0510 Telephone No: ($61) 742.6320 FAX: ($61) 742-6306 2001 NAME OF BID: "ANNUAL BID FOR DUMPSTER REPAIR" BID#: 093-2510-00/KR Agp'eement between the City of Boynton Beach, Owner; and EDWARD LAMONS (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. NXm OF CO~PA~ NAME OF REPRESENTATPJ~ (please print) SIG~"ATURE TITLE DATE (AREA CODE) TELEPHONE NUMBER America's Gate~va~ to the Gulj~tream O0 mm 000 .~.oo ~mm m m m VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit~ Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September ~9, 2001 September 5, 2001 (5:00 p.m.) [] August7,2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21,2001 August 8, 2001 (5 00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 2001 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 execute by Resolution Task Order #01-09 in the amount of $14,667.00 with CH2M Hill for engineering services on the hydraulic evaluation to Master Lift Station 356. EXPLANATION: Master Lift Station 356 is located at the east end of Boynton Beach Blvd. next to the new stormwater pond. This Task Order will provide engineering services for the hydraulic evaluation of Lift Station 356 and to recommend options for resolving the pump problems associated with the existing lift station configuration. These problems include vibration and cavitation that could result in serious pump damage. PROGRAM IMPACT: As a result of the hydraulic study, the information provided to the Utilities Department by CH2M Hill will assist in correcting some of the current pump performance problems as well as future pump design as the downtown collection system grows. Lift Station 356 is the largest in the City's wastewater collection system. FISCAL IMPACT: The hydraulic evaluation will cost $14,667.00 and funding is available in account #401-2816-536- 49.17 ALTERNATIVES: None. Task Order #01-09 is required to continue propeq')pump operation at Lift Station 356. - Department Head'~Signature ~i~y Manager's Signature Utilities ~//VR~ ~/.~ f#~ d City Atto~e~/P~ance'[ Human Resources Department Name Kc: Mark Law Tony Lombardi Dale Sugerman Barb Conboy S:XBULLETIN~ORMSX~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE C~Y COMMISSION OF THE -'CITY OF BOYNTON AUTHORIZING THE MAYOR EXECUTE TASK' ORDER NO. AMOUNT OF '~ ON THE DATE. FLORIDA, cLERK T© 09 BETWEEN THE HILL IN THE WHEREAS, Master Lift Station 356 is located at the east end of Boynton Beach next to the new stormwater pond; and WHEREAS, this Task Order will Provide engineering services for the hydraulic of Lift Station 356, and to recommend options for resolving the pump associated with the existing lift station configuration; 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 t authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 09 for CH2M Hill in the amount of $14,667.00, for engineering services on the hydraulic evaluation to Master Lift Station 356. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) - Task Order 09 - CH2Mhil1081401 Task Order No.9 Uay 17, 2001 Engineering Services for the Hydraulic Evaluation of Master Lift Station No. 356. A. Background Lift Station (LS) 356 is a master wastewater lift station for the City of Boynton Beach (CITY) that has been experiencing problems during normal pump operations. The pumps at LS 356 were redesigned and replaced in 1994. The current lift station configuration consists of two large pumps; each capable of handling peak flow, with a smaller jockey pump to handle low flows. According to the CITY, the existinglarge pumps have exhibited excessive vibration, heat build-up, and mechanical problems, possibly due, to cavitation, Net Positive Suction Head Requirements (NPSHR), and/or suction side velocity issues. The CITY is also concerned that the large pumps vibrate excessively during start up. All of the pumps in this lift station have experienced down-time due to mechanical failures. The CITY is interested in replacing the existing pumps, using either the existing pump configuration or by completely reconfiguring the lift station. The CITY has asked CH2~L (ENGINEER) to recommend new pumps and a pumping configuration for Lift Station 356. The services proposed under this task order by CH2MHILL will be to provide engineering services for the hydraulic evaluation of Lift Station 356 and to recommend options for resolving the pump problems assOCiated with the existing lift station configuration. B. Scope of Services The specific services to be provided by the ENGINEER are as follows: Task 1 -Hydraulic Evaluation The ENGINEER will evaluate the hydraulics of LS 356. This evaluation will include the following: A - Data Gathering and Collection The first step in a hydraulic evaluation is to examine the existing lift station system configuration. The ENGINEER will work closely with CITY staff to assemble all existing information. The steps in this task include: o Obtain historical pump station flow records. · Measure wet well dimensions during pump operations. · The ENGINEER will instruct the CITY how the pump station must be operated during the study to obtain accurate data. · Assemble information regarding the service population and sewage flow rates to the South Regional Wastewater Treatment Facility. DFB/981660007/LSB651.DOC B - Hydraulic Study After the background information is collected the next step is to collect data during normal lift station operation. Approximately 2 weeks of data collection is necessary to determine lift station influent and effluent parameters. The steps in this task include: · Using pump station flow monitoring equipment, estimate the average inflow into LS 356 and evaluate pump capacities. A~n I~) 4501 Pump Station Flow Monitor with Pumplink software will be used. A Barksdale Pressure Transmitter will also be used to evaluate system pressures. A Panametrics PT868 Clamp-On Flow Meter with TDM software will also be used to verify flowrates and pump capacities. · The ENGINEER will acquire all of the monitoring equipment. · Pump ~ information. · The ENGINEER will coordinate with C1TY staff for the installation of all necessary every other day to collect data from properly, and confirm curves and historical C - Data Analysis The final step ,in the hydraulic study is analyzing the data collected. The following steps are associated with this task: · Based on the data collected, the ENGINEER will estimate minimum, maximum, and average influent flow rates. The maximum flow will be based on standard peaking factors and compared to maximum flow observed during the testing. · The ENGINEER will develop a System curve for the lift station. · The ENGINEER will evaluate starts per hour observed during the testing and calculate theoretical pump starts per hour based on wet well volume, peak flow rates and recommended pump flow rates. · The ENGINEER will reCommend pump operating scenarios that will permit pump cycle times to conform to the manufacturers recommendations. · Based on the system curve and the pump operating scenario the ENGINEER will recommend new pumps for LS 356. · The evaluation will include only an analysis of LS 356. The evaluation will nOt include an analysis of what effect these modifications will have on other lift stations. · The ENGINEER will prepare a draft technical memorandum describing the background, methodology, and results of this evaluation, and furnish five copies of the memorandum to the CITY for review. The CITY's review comments will then be incorporated into a final technical memorandum. Five copies of the revised memorandum will be delivered to the CITY. DFB/981660007/LSB651.DOC 2 C. Additional Services but are not limited to, the following: 'a bid phase services or services d~g conStruction related to D, Ass; ~ assumptionS have been made in prep~g ~ sc0pe=of services and compenSation: · The entire Boynton Beach conveyance system ~ not be evaluated. Only lift station 356 willbe evaluated. · Cost estimates for E. Obligations of the CITY Obligations of the CITY include: · The CITY will provide the ENGINEER access to the site. · The CITY will provide the ENGINNER with CiTY Staff to help install the inst-n~nentation and equipment necessary to perform the hydraulic evaluation, and enSure that CITY Staff is available to accommodate the:ENGINEER during data gathering and collection. F. Compensation CompenSation by the CITY to the ENGINEER will be on a lump sum basis. The estimated compensation f0~' the services described in this Task Order is $14,667. The table below summarizes the estimated costs anticipated for this task. DFB/981660007/LSB651.DOC Lift Station 356 Hydraulic Evaluation Cost Estimate Labor Labor Hours Costs Expenses Total 20 $1,436 $264 $1,700 68 $4,739 $3,439 $8,198 60 $4,307 $472 $4,779 Task 1-Hydraulic Evaluation A- Data Gathering and Collection B - Hydraulic Study C - Data Analysis Total 148 $10,482 $4,196 $14,667 G. Schedule The services to be provided under this Task Order have already been completed and the final deliverables will be submitted to the CITY upon approval of this Task Order. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA Gerald Broening, Mayor Dated this day of SUBMITTED BY: CH2M HILL, INC. Thomas M. ~gIcCo~tick, P.G. Vice President, Area Manager Dated this l~ day of ,2001. 2001. DFB/981660007/LSB651.DOC 4 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September4, 2001 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C. 2 AGENDA ITEM QUEST FOIL,. Date Final Form Must be Turned in to City Clerk's Office July 5,2001 (5:00p.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 [] October2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Tumed 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 and authorize signing of an Agreement for Water Service Outsiff~of City Limits for a parcel owned by Geraldine A. Hammond, located in an unincorporated area between Boynt~ Beach and Delray Beach along the east side of US. 1. -- EXPLANATION: This parcel is located within the City Utilities Department service area, but outside of the City Limits. The City does have potable water mains and a sewer force main in the immediate vicinity of the property, The parcel currently has a mixture of nine single family and multi-family units on site, and the owner wishes to provide potable water service to those units at the present time. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility servi~ble alternative to approval of this agreement.~ Department Head's Signature City Manager's Signature Utilities Department Name City Attome00 Pfnance / Human Resources XC: Peter Mazzella (w/attachments) Michael Rumpf, Planning Dept. (w/attachments) City Attorney ~' File " S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC City Clerk CaXteso~greements\WaterSer-Hammond081301 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 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) 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: T~IS INSTRL~4ENT PREPARED BY: James A. Cherof, E6quire 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 ~ ~ay of ~.~ , -~ ~t by and between ~-~ ~ ~ ~' ~ ~C~c>~ // hereinafter called the "Customer", and the CITY OF BOYN~TON 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 proper5y owned by Customer; and : WHEREAS, the City of Boyntoh 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: 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 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 ~n 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 3 WITNESS: CITY OF BOYNT©N BEACH, FLORIDA Mayor ATTEST: City Clerk ) SS: t~ that on this day, before: me an officer duly State aforesaid and in the id to ~nts, personally appeared , , City Clerk respectively, in the foregoing ~.dged executing same in the -=sses freely and voluntarily said City and that the City s e seal affixed thereto they ~nce of two 2hority duly thereto 'corporate afore my hand and official seal in the County day of , State last (No Approved as to form: Notary Public Legal Description Approved: City Attorney JAC/lms 900182 12/12/95.rev WATERSRV.1 5 ATTORNEYS AT LAW Mi KRISTA BARTH FRED C. COHEN, P.A.** GREGORY R. COHEN BERNARD A. CONKO* BLAINE C. DICKENSON DAVID B. NORRIS, P.A. PETER R. RAY ERIC M. SAUERBERG' KENNETH J. SCHERER, P.A. KYLE A. SILVERMAN' iAMES S. TELEPMAN''' ROBERT M. WEINBERGER, P.A. BRENT G. WOLMER, P.A. 'Of Counsel P tBoord Certified Real Estale ~ *' Board Certified Business Litigalion Geraldine A. Hammond 8790 Horseshoe Drive Erie, PA. 16510 RE: ALDRIDGE to HAMMOND July 5, 2001 OF COUNSEL: RICHARD S. RACHLIN, P.A. RICHARD S. RACHLIN' CHRISTOPHER W. KAMMERER · Board Cerlified Civil Trial Atlorne¥ Dear Mrs. Hammond: In connection with the above referenced transaction enclosed please find the following: Warranty Deed, recorded on MAY 30, 2001 @ 3:35PM, in Official Records Book 12597, Page 1454, Public Records of Palm Beach County, Florida. Owners Title Insurance Policy No. A02-0002987 insuring the sum of $235,752.10, effective as of MAY 30, 2001 @ 3:35PM. Should you have any questions regarding this matter, please feel free to contact our office. X / \ ~t ~r ~you 8,~ lu r EL]~ BIKOS POST CLOSING COORDINATOR. A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 712 U.S HIGHWAY ONE · SUITE 400 · P.O. BOX 131'46 · NORTH PALM BEACH, FLORIDA 33408-7146 TELEPHONE: J561) 844-3600 · FACSIMILE: (561) 842-4104 Warranty Deed Page Two STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Warranty Deed was acknowledged before me this ~,' y of M~ay, 2001 by Brad Aldridge and Sandra Aldridge, husband and wife, w~h~ are per$0~a~l~-' kn~-wn~'~x'o-.~l~e/o~ who have produced as identification-. ' ----'-~[] ¢~ .~ Conuni~ion Expires: / (S~AL) i ov~ca~.~or~¥s~a- I { / [ NOTARY P~BLIC STATE OF FLORIDA ! STATE OF FLORIDA ~ COUNTY OF PALM BEACH f mnT~n~ foregoing Warranty Deed as acknowledged before me this ~"'~-rl~/ A~0'~ofMa.y, 2001 by C~eraldine A. Ham ond, a married woman, who is personally known to me or who has produced ~ ~ as identification. /-~ /.4 - -My Commission Expires: ( J ! OFFIC-]AL NOTARY SF~L I 00~A ~ ~O¥ I [NOTARY PUBLIC STATE Ol~ FLORIDA I CO,',tMISS~ON ~O. CCSr--~ I LM¥ COMM]SS~O~ ~.X~. ~U~£ ~-~X~ ISSUED BY COMMONWEALTH L~ND TrrLE INSURANCE COMPANY Commonwealth A LANDAMERICA CObIPANY OWNER'S POUCV OF TrrL£ INSURANCE POLICY NUMBER AO -OOO qSq SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated thereto; 2; Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' Fees and expenses incurred in defense of the title, as insured but only to the extent provided in the Conditions and Stipulations. ' lh~ WITNE._SS .W.H~RE.O.F, C.OMM?N~W. EALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be ereunto alttxed by its ~luty autnorizeo otticers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: Secretary President EXCLUSIONS FROM COVERAGE Thc following matters are expressly excluded from the coverage of this policy and thc C6mpany will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of thc land: (ii) the character, dimensions or location of any improve- ment. now or hereafter erected on the land; (iii) a separation in ownership or a change in thc dimensions or area of the land or any parcel of which the land is or was a part; or (iv} environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. {b} Any governmental police power not excluded by (a) above, except to the extent that a notice of thc exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowleoge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public record~ at Date of Policy, bm known to thc insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) :resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the lnsured the eslate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a} the transaction creating the estate or interest insured by tl~is policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by Ihis policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii} of such recordati0n to impart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's POlicy (10/17/92) Face Page with Florida Modifications Form 1190-21A ORIGINAL Valid only if Schedules A and' B:and',Ct3~er-a~:a~tt;ached F-XHIBIT "A" All that ~ar% of ~he North l~ feet of tho South 259..02 feet of the Nartheaat Quarter of the Southweat Quarter .o~ tJ~e Itortheast Quar%er'of Section 4, Town.htr; 46 South, Range 43 East, in ~alm D~ach Co.unty, Florida, Lying East of tJte Federal I[ighwa¥ ~o. 1, ARe- All ~lat part of Lot 'C", in KING'S SUBDIVISION in Section 4, Township 46 South, Range 43 East, Palm 0each County, Florida, according ~ tile plat ~ereo£ recorded in Plat Desk 20, page 47, Public Records of Palm Beach County, Florida, bounded and described as £ollows. Deginning at the Southwest corner of said Lot 'C" running thence ~orthea~terly along ~,e WesEerly lime of said LeE 'C' a distance of 80 feet; ~ence Sou~eaaterly in a o%raigh~ line to the Southeast corner o~ sbid Lot 'C"; ~ence West along ~e Sou~, line of said Lo[ "C° to ~le poin~ of beginning. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and -~. only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or. (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only-those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are n,ot used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Poi icy of each separate parcel to the whole, exclusive of any inn provements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of th~s pohcy and shown by an express statement or by an endorsement attached to this policy. 9, LIMITATION OP LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its bhgatlons with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company ~%~or with the Company's consent, the Company shall have no liability for loss or damage ~ntil there has been a final d~termination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title a~; insured. (c) The C ~mpany shall not be liable for loss or damage to any insured for liability toluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUC I'ION OF INSURANCE; REDUCTION OR TERMINATION OF UAl IILITY. All paym, mts under this policy, except payments made for costs, attorneys' fe es and expenses, shall reduce the amount of the insurance :pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and thc amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for .endorsementofthc payment unless the policy has been lost or destroyed, m which case proof of loss or destruction shall be furnished to the satisfaction 0f the Company. (b) When ~iability and the extent of loss or damage has been definitely fixed in acco~'dance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter~. 13. SUBROGATION UPON PAYMENT OR SEI'rLEMENT (a) The Company's Right of Subrogation Whenever ~,he Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by ~ny act of the insured claimant. CONDITIONS AND STIPULATIONS 7. DETERMINATION AND EXTENT OF UAfllUTY. (Continued) ALTA Owner's Policy (10-17-92) Cover Page The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property neces- sary tn order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant m any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result t'rom any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured c!aimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall i ncl ude, without limitatton, the rights of the insured to indemnines, guarant~es, other policies of insurance or bonds, notwith- standing any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only iftbe laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, wbether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567. Richmond, Virginia 23261-7567. Inquires regarding policy coverage and assistance in resolving complaints, should be directed to the Company at (407) 425-6121. Claims must be reported in accordance with Conditions and Stipulations. with Florida Modifications Form 1190-22 ORIGINAL Valid only if Face Page and Schedules A and B are attached Requested City Commission Meeting Dat¢~ [] July 17, 2001 [] August 7, 2001 August21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ingto 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.) [] Administrative [] Consent Agenda [] Public Hearing [] Annotmcement [] City Manager's Report Requested City Commission Date Final Form Must be Turned Meeting Date~ in to City Clerk's OffiCe [] September 19,2001 SeptemberS, 2001 (5:00p.m.) [] October 2, 2001 September 20, 2001 ( -~0 p.m.5 ~ [] October 16, 2001 October 3, 2001 (5:00 ll.m.) [] November 6, 2001 October 17, 2001 (5:00~m.),.~ [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Staff recommends adoption of Resolution R granting the Mayor authority to sign the renewal License agreement between the Federal Bureau of Investigation and the City of Boynton Beach. EXPLANATION: The Federal Bureau of Investigation has a"reeeive only" antenna located on the Boynton Beach tower. The original agreement was executed in August 1995. All engineering studies and frequency data was done at that time. Because of the "receive only" status interference with current Public Safety usage is not an issue. PROGRAM IMPACT: None FISCAL IMPACT: There is no financial compensation from the FBI involved with this agreement ALTERNATIVES: N/A Department He~d s ~ture Communications Department Name r ~"~l[y Manager's Signature City Attom~/-l~lnance / Human Resomces S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:caLRcsokAgrkLicense AD'- COBB-FBI (Revised 8/1/2000) FBI Division Miami Site Name Bovnton License Exp. Date 09/30/2005 STANDARD FBI ANTENNA SITE LICENSE AGREEMENT October THIS AGREEMENT is made and entered into this I st , 2001 by and between day of City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 P.O.C. Mr. Wilfred Hawkins P;O.C. # (561) 375-6000 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION UNITED STATES GOVERNMENT hereinafter referred to as "Licensee" WHEREAS, Licensee desires to use a portion of said Licensed Premises Boynton Beach City Tower (antenna site) located at 551 N.W. 14th Street, Boynton Beach, Florida 33425 (site address) for its communicatiOns system equipment improvements; and WHEREAS, Licensor is willing to permit said use of the Licensed Premises subject of certain conditions. NOW, THEREFORE, in consideration of the execution of this License Agreement, it is mutually agreed between the parties hereto as follows: 1. LICENSE Licensor hereby gives permission, revocable and terminable as hereinafter provided, to Licensee to enter the Licensed Premises for the purpose of using it for the improvements to its communications system equipment and operations (hereinafter referred to as the "Improvements"). Said Improvements shall be located so as to not interfere with any of the Licensor's operations. Premises or (2) the failure of the Licensee or its employees acting in the scope of their employment to observe and abide by any of the terms of conditions of this License Agreement. This assumption of liability is coextensive with and in accordance the liability of the Government under the Federal Tort Claims Act (Title 28, USC, Section 2671-2680). Claims for tort damages shall be submitted and adjudicfited in accordance with the procedures of the Federal Tort Claims Act and applicable state and Federal law. 7. INSURANCE Licensee, an agency of the United States Government, is self-insured: and shall be considered so in this license. 8. INTERFERENCE In the event the Licensor determines that the operation of the Improvements by Licensee caused interference to transmission and/or reception of any other communications systems in use in the vicinity of the Licensed Premises, Licensee shall take all appropriate steps - necessary to mitigate said interference within thirty (30) days of receiving written notice. 9. PERMIT Licensee is responsible for obtaining and paying the costs of all permits, licenses or other approvals by any regulatory body having jurisdiction over the uses authorized herein. 10. COMPLIANCE Should Licensee fail or neglect to comply with any terms or conditions of this License and Rental Agreement or to comply with any reasonable requirement of Licensor after thirty (30) days written notice and demand, this License Agreement shall be subject to termination. In the event of such termination, Licensee shall immediately remove any and all of its Improvements from the Licensed Premises and surrender all rights and privileges under this License Agreements. Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VT.-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIl,,_ Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) luly 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 [] October2, 2001 [] October 16, 2001 [] November6, 2001 ZTEH C.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 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety for the project known as Learning Place Preschool, and authorizing refund of the cash surety to the developer, in the amount of $8,426.00. EXPLANATION: The developer of this project posted cash surety to allow operation of the facility prior to final inspection and acceptance of the utilities improvements. All inspections have now been completed, and the water main improvements have been transferred to the City. Surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The code allows for return of surety upon completion of all required improvements. The Department elects not to retain 5% surety during the warranty period~mprovements. DepartmenfHead's Signature ' ~i'ty Manager's Signature Utilities Department Name J - Cit~ Atto~/*l*'mance / Human Resources XC: Peter Mazzella (w/attachment) Finance Dept. City Attorney File S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 8,426.00 To: Learning Place Preschool, Inc 4470 Gleneagles Drive Bo~/nton Beach, FL 33436 For:. Release of surety for project known as Leaming Place Preschool Commission approved: Requested by Approvals: Peter Mazzella, Assistant to the Director of Utilities Date July 31, 2001 Dept. Head Finance Dept. Ci~ Manager $8,426.00 401 0000 220 99 00 $8,426.O0 GENTRY ENGINEERING AND LAND SURVEYING, INC. P.O. BOX 243 · DELRAY BEACH, FLORIDA 33447-0243 PHONE: (561) 272-1924 · FAX (561) 272-7741 AMERICAN 8OCIET~ OF ClVE,. ENGINEER~ FLORIDA 80ClETY OF AMERICAN CONG~ OF 8URVEYIN(~ E MAPPING PROFESSIONAL LAND 8UR1~x'q8 April 10, 2001 Cathy Freeland Freeland Child Care Center Boynton Beach, Fl. Dear Mrs. Freeland, As you have requested, I have reviewed your contract with the utility con. Cractor, JohnSon-Davis, Inc. and I foUnd that the portion covering the underground utilities totaled $?~J~J~. The required letter of credit should be for 110% of the total which equals $8426.00. The fee to cover. Administration and inspections is 1.6% of the contract or~122,56 and made payable to the City of Boynton Beach. '--''~' v ~f you should have any questions covering the above please contact me. Sincerely, Gentry Engineering and Land Surveying, Inc. RECEIVED APR 1 7 BOYN'rON BEACH UTILITIES RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY TO THE LEARNING PLACE PRESCHOOL, IN THE ,AMOUNT OF -$8,426.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project previously posted a cash surety in the of $8,426.00 for operation of the facility prior to fmal inspection and acceptance of the utilities improvements; and WItEREAS, all inspections have been successfully completed and the water main improvements have been transferred 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, upon the recommendation of staff, hereby approves the release of the cash surety in the mount of $8,426.00, to the Learning Place PreSchool. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner r Clerk ca~eso~Letter of Credit7 Cash Surety Release -Learning Place Preschool Requested City Comm~ion Meeting Dates [] July 17, 2001 [] August 7, 2001 ] August 2l, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQ ST FOR3_ Date Final Form Must be Turned into City Clerk's Offic~ 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.) Septembex 20,2001 (5:0~.) October 3,2001 (5:00 p.r~ I 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 authorize Change Orders No. 1, 2 & 3 with Select Contracting, Inc. as part of the construction of two Water Treatment Plant Pre-Engineered Metal Buildings (P.O. 012630) in the amount of $ 47,662.11. EXPLANATION: On March 20th of this year, the City Commission authorized the purchase of two 50' by 100' metal pre-engineered warehouse buildings for use by the Utility Department for general operations, the storage of emergency repair parts, spare pumping equipment and supplies needed during power failures or storm events. The Utility Department budget originally called for the purchase of just one metal warehouse at a cost of approximately $150,000. When we began this purchasing process, we found a 'piggy-back" bid from the City of Lake Worth that we could use. The 'piggy,back" bid, however, was for a metal warehouse building that the City of Lake Worth was going to use for a golf cart storage building. Their purchase included a substantial amount of electrical and plumbing improvements to support their golf course operations; the type of improvements that we did not need for our Utility warehouse. Since we first set up our purchasing plans in the current fiscal year budget (FY 2000-2001), the Utility Department's needs have grown substantially, especially in light of the work we are trying to do on the stormwater utility, it became evident rather quickly that one new warehouse building would not serve our needs, so we came before the City Commission and asked for approval for the purchase of two buildings. The two buildings (without the heavy-duty electrical and plumbing upgrades needed by the City of Lake Worth) came to a total of S:~BULLETIH~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH $168,708.00. This amount was just slightly more than we had budgeted for the purchase of one building! We thought' that this was a g~;eat opportunity to bUy eXactly what we needed at a very good price. In March of this year, when we brought this purchase recommendation forward to the City COmmission, we thought that we made the total estimated cost evident to the Procurement Services Department. (Please see attached Memo ff01-048 wherein we described our need to do electrical and plumbing improvements as a separate contract). Obviously, we did not do such a good job of communicating our exact needs. The $168,708was for the purchase of just the two buildings. This amount did not include the costs of installing the plumbing and electrical improvements that we needed improvements that were included in the ~overkilF for what we needed.) Unfortu own plumbing not sure we communicated this pr the original Commission agenda item buildings. It did not include any of the improvements that we would do by change opposed to plumbing and electrical bid: ~ents that nificant we WOl our on a change-order I'm to the Pu purchase of the two about and electrical re purchase of the buildings. PROGRAM IMPACT: We are going to need to do at least 3 plumbing and electrical change orders to finish the work on these two warehouses. These three change orders amount to just under $48,000.00. This change order work, coupled with the original purchase price of approximately $169,000 means that we will be getting two fully operational warehouse buildings for approximately $216,000:00, as opposed to just one building at a budgeted cost of $150,000.00. We believe that this is a cost-effective purchase and will provide efficiencies to our operations so that we can continue to provide good service to our customers. FISCAL IMPACT: Funds are available for this payment of costs associated with these Change Orders. Those funds will be transferred from Acct. ff.401-2822-536-99-03 into Acct. ft401-2812-536-62-01 and Acct. ~f401-2816-536-62,01. S:~BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OK BEACH AGENDA ITEM ~QUEST FORM Not to authorize the change orders. In that case, we will revert to just installing the one warehouse building instead of two. ep ent Head'l~Signature Utilities Department Department Name City'gganager s Signature ~.~ City Att~ry / Finance / Human Resources S:~BULLETINWORMS~G~A ITEM REQUEST FORM.DOC RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING _ THE MAYOR AND CITY CLERK TO EXECUTE CHANGE 'ORDERS NOS. 1, 2 AND 3 WITH SELECT INC., ] BUILDINGS IN THE AMOUNT OF $4?; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has previously approved and authorized the ~urchase of two 50' by 100' metal pre-engineered warehouse buildings for use by the Utility 3epartment for general operations, the storage of emergency repair parts, spare pumping ;quipment and supplies needed during power failures or storm events; WHEREAS, staff's recommendation for the purchase of the warehouses did not include costs of installing the plumbing and electrical improvements that are required; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FIlE 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 approve and execute Change Orders No. 1, 2 and 3 with Select Contracting, Inc., in the mount of $47,662.11, for installation of flumbing and electrical improvements for the two Water Treatment Plant Pm-Engineered vletal Buildings. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) zaXresoXagreemants\Consultant Change Orders 1,2,3 - Metal Buildings Water Treatment Plant DEPARTMENT OF ENGINEERING MEMORANDUM NO, 01-131 TO: Bill Atkins, Assistant Director Finance/Procurement Agent THRU: FROM: DATE: John Guidry, Director, Utility Department Bill DeBeck, Project Manag/~ July 31, 2001 Change Order No. 2 Water Treatment Plant, Pre-Engineered Metal Buildings PO 012630 The City of Boynton Beach approved the contract with Select Contracting for the subject project based upon the "piggybacked" contract with the City of Lake Worth. This involves the construction of two (2) 50' by 100' Metal Pre-Engineered Warehouses that will be used for storage of materials for utility operations, emergency repair parts, spare pumping equipment and supplies needed during power failures or storm events. The original contract as piggy-backed included electrical service for golf carts. Since the Lake Worth needs were different we did not include any electrical or plumbing in the piggy-back. It was expected_that these electrical and plumbing features would be incorporated later by change order after some preliminary in-house engineering of schematic drawings. Therefore, the Engineering Dept prepared necessary design drawings for the Contractor, Select Contracting, Inc. to price and perform the related work after reviews by the Utility and Engineering Departments. These changes are necessary and have been directed by the Utility Dept and funds have been set aside to cover the costs. All plans have been reviewed and approved by Utilities Department Staff. Detailed cost negotiations were conducted pursuant to the issuance of two RFIs with pricing as follows: Electrical $27,927.45 Plumbing $14,943.63 TOTAL $42,871.08 This amount of $42,871.08 is considered fair and reasonable based upon review of the actual subcontractor price quotes for their respective work including all labor, material and equipment and bonding costs. Change Order # 1 has been processed in the amount of $1,763.84. A time extension of 30 calendar days has been agreed to based upon the work impact of the revisions; however, this should affect only the interior completion not the actual placement of the buildings themselves. Attached is the Change Order No. 2 form that will require City Commission approval. Also attached is a Budget Transfer to complete the funding for this change CO # 2 in the amount of $42,871.08 Funds are available in Acct.# 401-2822-536-99-03 TO BE TRANSFERRED TO: ACCT. # 401-2812-536-62-01 AND ACCT. # 401-2816-536-62-01 CC: File Mark Law Barbara Conboy Paul Fleming DaleSugerman Clem Bucher S:kEngineering\Engineer/ng Dept. Memorandum.doc CHANGE ORDER FOR CHANGE pROpOSAL Distribution to: ARCHITECT CONTRACTOR FIELD OTHER X X PROJECT: East Water Plant Warehouses CHANGE ORDER NUMBER: # 1 INITIATION DATE: June 20, 2001 TO Select Contracting, Inc. ARCHITECT'S PROJECT NO. 1751 West l0th Street Riviera Beach, F133404 CONTRACT FOR; CONSTRUCTION OF (2) METAL WAREHOUSE BUILDINGS CONTRACT DATE: June 18,2001 You are directed to make the following changes in this Contract: CHANGE THE CONCRETE FOR THE SLAB AND FOOTERS TO 5000 PSI FROM THE SPECIFIED 3000 PSI ON BOTH BUILDINGS. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his a~reement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract 8urn) (Guaranteed Maximum Cost) was... Net change by previously authorized Change Orders... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was... The (Contract 8urn) (Guaranteed Maximum Cost) will be (increased) by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... The construction time will be (unchanged) The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: $168,708.00 $ 0 $168,7o8.oo $ 1,763.84 $170,471.84 ~'~ i. September 15, 2001. CONTRACTOR BY~'~ DATE ~~ ~1: ~ DATE Select Contracting, Inc. General Contractor II I 1751 West 10th Street Riviera Beach. Florida ~ (561) 844-2784 FAX: (561) 844~3155 TO: CITY OF BOYNTON BEACH CCP NUMBER? ..... 04 UTILITIES DEPARTMENT PROJECT NAME: MAINT. WAREHOUSE PROJECT NUMBER: 503 I Ill We propose to accomplish the CHANGES identified in FIELD BULLETIN/PROPOSAL REQUEST N/A and as described herein. ExCept:as modified below, the original contract and all prior amendments shall remain in full force a~d effect. DESCRIPTION: CHANGE CONCRETE FLOOR SLABS FROM 3.000 PSI REGULAR CONCRETE TO 5.000 PSI REGULAR CONCRETE. PROPOSED CONTRACT PRICE CHANGE (increases) PROPOSED CONTRACT TIME CHANGE (unchanged) $1,763.84 0 days THIS CONSTRUCTION CHANGE PROPOSAL IS VALID FOR 15 DAYS II ! DISTRIBUTION: FROM: Ted Hutchins. Project Manaaer SIGNED:~ DATE: ,June 19, 2001 II I 5/99 - W: Master Lette~ and Fonrm~ProjeG( Mirmgement~C~mtruc(iofl Charge Propo~M 503ccp04.123 PAGE 2 OF SELECT CONTRACTING,INC. 503 ccP04 _ CONSTRUCTION CHANGE PROPOSAL NO. 4 ] DATE: PROJECT NAME: --I I 06/19/2001 BOYNTON BEACH MAINTENANCE WAREHOUSE DESCRIPTION Of P_R_.OPOSED CHANGES: .,.:" CHANGE FLOOR SLABS FROM 3.000 PSI REGULAR TO 5,000 PSi REGULAR CONCRETE A WORK PE ..... 3 OF 1 MATERIAL [CONCRETE'D~80'C~Y. & $8,00] 2 LABOR 3 EQUIPMENT 4 GENERAL REQUIREMENTS ( 5% ) (SELECT CONTRACTING,iNC.) .440.00 0,00 0.00 72.00 .... J SUBTOTAL 1,512.00 GENERAL CONTRACTOR'S OVERHEAD/PROFIT 15.00%{ 226,80 lTOTAL B WORK PERFORMED BY SUBCONTRACTOR'S 1,738.80 1 SUBCONTRACTOR(~EE ATTACHED PROPOSAL) 2 SUBCONTRACTOR(SEE ATTACHED PROPOSAL) 4 GENERAL REQUIREMENTS ( 5% ) 0.00 0.00 0.00 GENERAL CONTRACTOR'S OVERHEAD/PROFIT C CREDIT ITEMS I MATERIAL 0.00 2 LABOR 0,00 3 EQUIPMENT 0.00 4 SUBCONTRACTORS 0.00 [ TOTAL 0.001 '~_~ SUBTOTA["A" + "B"- "C" 1,738.80 E PERFORMANCE AND'PAYMENT BOND 1.44% J 25.04 _..~'~-L-~)~T OF CONSTRUCTION CHANGED PROPOSAL NO. 4 Select Contracting, Inc. 1751 Wesl loth Street Riviera Beech, Florida 33404 (.5~1) 844-2764 FAX: (561) 844-3155 Date: June 1,9 2001 Time: Number of page~ including cover sheet 3:50 P.M 3 Phone: Fax: cc: Phone: Fax: Reference: Message: Bill DeBeck, Proiect Manager Cit7 of Boynton Beech 561-742-6486 561-742-6285 From: Ted Hutchin$ your review P/ease Cornmeal New Boynton Beach, Utility Department Pre-engineered Metal Buildings. Construction Change Proposal IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL BACK AS SOON AS POSSIBLE. Origlnel to follow by mall: YES X NO ~0 u~u~ 1.~ i.-i 0 ~H ~0~ O~ ~ ~ U~O~ ~0 .... ~0 ~ rtl CHANGE ORDER FOR CHANGE PROPOSAL' Distribution to: OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER PROJECT: EAST WATER PLANT WAREHOUSE CHANGE ORDER NUMBER: # 2 12'qlTIATION DATE: Jane 20, 2001 TO Select Contracting 1751 West 10th Street Riviera Beach, F1 33404 ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of 2 Warehouse Bldgs. CONTRACT DATE: June 18, 2001 You are directed to make the following changes in this Contract: INCLUDE COST OF ALL ELECTRICAL WORK PER COR # 3 FOR $27,927.45 INCLUDE COST OF ALL PLUMBING WORK PER COR # 2 FOR $14,943.63 Not valid until signod by both the Owner and Architect. Signature of the Conlmctor indicatm his a~-~c~nt herewith, includin~ any adiusnntmt in the Contract Sum or Contract Time.. The original (Contract Sum) (Guaranteed Maximum Cost) was... $168,708.00 Net change by previously authorized Change Orders... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was... The (Contract Surn) (Guaranteed Maximum Cost) will be (increased) 0 by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... The Contract Time will be (increased) by...~Thirtg Da~ The Date of Substantial Completion as of the date of this Change Order therefore is $ 1,763.84 $170,471.84 $ 42,871.08 $ 213,342.92 (30)Days. Oct. 15~ 2001 Authorized: ENGINEER BY DATE CONTRACTOR OWNER BY~~ BY D ~ ~ t. ~ ~ DATE Select Contracting, Inc. General Contractor CONSTRUCTION CHANGE PROPOSAL (CCP) 1751 West 10th Street Rivte~a Beach, Flodda 33404 (561) 844-2754 FAX: (561)844-3155 TO: ~ H We propose all CCP NUMBER: 02.Revised PROJECT NAM E: MAINT. WAREHOUSE PROJECT NUMBER: 503 CHANGES identified in FIELD BULLETIN/PROPOSAL Except as modified below, the original contract and full force and effect. DESCRIPTION: PROVIDE ARCH ITECTURAL DRAWINGS FOR PERMITTING. PROVIDE INSTALLATION OF PLUMBING SYSTEMS FOR BOTH THE NORTH AND THE WEST BUILDINGS. PROPOSED CONTRACT PRICE CHANGE (increases) $14,943.63 PROPOSED CONTRACT TIME CHANGE (increases) 30 days THIS CONSTRUCTION CHANGE PROPOSAL IS VALID FOR 15 DAYS , DISTRIBUTION: FROM: _Ted Hutchins, Proiect Manaoer 5~99 - W: Master Leflers and Forms\Project Managamant~,Con$lruction Change Proposal 06/13/2001 503ccp02R. 123 SELECT CONTRACTING,INC. CONSTRUC PAGE2 OF 3 R 'iSi~JECT' NAME: BOYNTON BEACH MAINTENANCE WAREHOUSE DESCRIPTION OF PROPOSED CHANGES:* PROVIDE DESIGN AND COST FOR PLUMBING SYSTEMS, BOTH BUILDINGS COST BREAKb-~/N: ' - -A I MATERIAL 0.'0~'] '- 2 LABOR 0.00 3 EQUIPMENT 0.00: 4 GENERAL REQUIREMENTS ( 5% ) 0.00 '"~U'~TOTAL GENERAL CONTRACTOR'S OVERHEAD/PROFI¥ TOTAL WORK. PERFORMED BY GENERAL CONTRACTOR '~SEL~.~Y'*(~ONTRACTING,II~:~ .... ~' (.SEE DETAILED BREAKDOWN PAGE 3 OF' §) ' .............................. :"'...*' 0.00 o.oOi 1 _. B WORK PERFORMED BY SUBCONTRACTOR'S I MPA ARCHITECTS - PLUMBING DRAWINGS I 300.00 2 SUBCONTRACTOR(SEE ATTACHED PROPOSAL) 11,900.00 4 GENERAL REQUIREMENTS ( 5% ) 610.00I SUt~TOTAL GENERAL CONTRACTOR'S OVERHEAD/PROFIT 15.00%. I.?..0TAL C CREDIT ITEMS 1 MATERIAL 0.00~ 2 LABOR 0 00 3 EQUIPMENT 0.00 4 SUBCONTRACTORS 0.00 12,elO.OO- 1,92;1'.50 14.731 TOTAL D- SUBTOTAL "A" + "B" - "C" 14.731.5( E PERFORMANCE AND PAYMENT BOND 1.44% 212.13 TOTAL COST OF CONSTRUCTION CHANGED PROPOSAL NO. 2-Revised $14,943.63 ~$/13/2~61 12:96 56]-585-6474 R L D'ADDID I:%U~BIN~ P~GE 81 R. L. D'Addio Plumbing Co., Inc. ~=s c,u~,~ So~b,~d - ~ Woflh - FknMn, 33460 Phond (~61) ~82-5500 l;&x# (56!) ~S5-6474 c~ visit o~r wdm~o at: Customer ....... : Select EstJnwfec ...... : Ted Hutchim Plmno ft ....... : 561-8M-2764 Fix # ........... : .lob Nmnc ...... : Mnintenazx~ & Storage Fm:Ulty Job Addrc'ss...': City of Boynton Today's date ........ : June 13.20Oi lt. L. D. Proposal #..; MAY. 14A Drawing dlle ....... : NB4 / ~ Plans Dated ....... : ~-'/-Ol Arci~ect ............. : Iv[PA Enginw ....... · BtqLnem #1: $ BmzJ)mC ~rZ: $ ~ t?_!~a-,~= bf ~ ~e!!_'_,~-.- fumtJh and burall: (!) ADA Coral~liant Tank Type Totlet, (1) ADA Compliant Wall Hun8 Lavatory. (1) ~" Totlst Floor Drum. (2) 4" Warehouse Dra~n~ (4,) WKer Lira ~onm~iom to Horn Bibbs. Permits/Fees SEe Work I ZZ~stormion CLem~il! For lbr~flll Removal of Excm Pill Select Contracting, Inc. General Contractor 1751 West 10th Street Riviera Beach, Florida 33404 844-2764 CONSTRUCTION CHANGE PROPOSAL (CCP) TO: CITY CCP NUMBER: ~..~ ~ PRoJEcT NAME: MAINT. WAREHOUSE pROJECTNUMBER: 503 We propose to accomplish the REQUEST N/A and as described herein. all pdor amendments shall remain in full force and effect. BU LLETIN/PROPOSAL the odginal contract and DESCRIPTION: PROVIDE ARCHITECTURAL DRAWINGS FOR PERMITTING. PROVIDE INSTALLATION OF ELECTRICAL SYSTEMS FOR BOTH THE NORTH AND THE WEST BUILDINGS. PROPOSED CONTRACT PRICE CHANGE (increases) $ 27,927.45 PROPOSED CONTRACT TIME CHANGE (increases) 30 days THIS CONSTRUCTION CHANGE PROPOSAL IS VALID FOR 15 DAYS DISTRIBUTION: FROM: Steve Rush, Markefin.q DATE: 5/99 - W: Master Letters and Forms~Project Management\Construction Change Proposal 06i12/2001 503ccp03.123 SELECT CONTRACTING,INC. PAGE 2 OF 3 503 CCP03 CONSTRtI(;~ION CHANGE PROPOSAL NO. 3 l DA't i~: PROJECT NAMF~ - - ' I I 06/12/2001 BOYNTON BEACH MAINTENANCE WAREHOUSE DESCRIPTION OF PROPOSED CHANGES: I PROVIDE DESIGN AND COST FOR ELECTRICAL SYSTEM~ S, BOTH BUILDINGS COST BREAKDOWN: I A WORK PERFORMED BY GENERAL CON/~C¥OR (SELECT CON/~,CTiNG,INC.) (SI=I= DETAILED BREAKDOWN PAGE 3 OF 3) 1 MATERIAL 0.00 2. LABOR 0.00 3 EQUIPMENT 0.00 4 GENERAL REQUIREMENTS ( 5% ) 0.00 I SUu¥OTAL 0.00' i GENERAL CONTRACTOR'S OVERHEAD/PROFiT 15.00% I 0.00 :1 TOTAL 0.00 B WORK PERFORMED BY SUBCONTRACTOR'S 1 MPA ARCHITECTS - PLUMBING DRAWINGS ' 300.00 2 SUBCONTRACTOR(SEE Aq-FACHED PRoPOsAL) 22,500.00 4 GENERAL REQUIREMENTS ( 5%) 1,140.00 1 SUBTOTAL 23,940.001 GENERAL CONTRACTOR'S OVERHEAD/PROFIT 15.00% I 3,591.00 I TOTAL 27,531.00 C CREDIT ITEMS I MATERIAL 0.00 2 LABOR , 0.00 3 EQUIPMENT 0.00 4 SUBCONTRACTORS 0.00 t TOTAL 0.001 D SUBTOTAL "A" + "B" - "C" 27,531.00 E PERFORMANCE AND PAYMENT BOND 1.44% I 396.45 TOTAL COST OF CONSTRUCTION CHANGED PROPOSAL NO. 3 $27,927.45! JUN-l! 01 14:89 ~ROM: T0:944~155 ROTHELL ELECTRIC, INC. ~,5" Street W Florida 33407 Voice 5299 tzis~t cnw I4reb-stte ~., www. rothetletectric corn June Il, 2001 Select Contracting, Inc, I751 West 10a Street Riviera B=ach, Florida 33404 Re: East Water Plant Metal Buildings, Boynton Beach Base Bid for each building as per drawing dated 5/16/01 ............... $11,!50.00 Proposal Includes: 1) Eight 200 watt Metal Halide canopy lights 2) One 4' - 2 .tight florescent wrap-around 3) Two combination exiV'emcrgency lights with battery back-up a) Two incandescent wall bracket fixtures 5) One Nutone bathroom exhaust fan 6) Three singlc pole switctt 7) Four ]-Way switch g) Twenty One standard duplex receptacle with industrial cover 9) One 50 amp weatherproof disconnect and wiring for compressor 10) Wiring for two wall mounted exhaust fans provided by others 1 I) Three junction boxes and 2" conduit back to panel. A 12) One 100A, 3F, 600V, N1 Disc with 100 amp fuses 13) One 75kva, 3 phase, NI, aS0 to 120/208 volt transformer 14) One 200 amp, 3ph, ,$w, 120/208% N1, main circuit breaker panel Proposal EXcludes: 1) Permit tees 2) FPL or Southern Bell fees 3) 100 amp primary s~rvice fccd to 100 amp disconnect 4) Telephone service 5) Supply and installation of the two wall mounted exhaust fans 6) D~lctwork from baih exhaust fan to thc exterior Sincerely, Rothell Electric, Inc. Douglas ~'. Dorsey Vice President PAGE:08 CHANGE ORDER FOR CHANGE PROPOSAL # 3 Distribution to: OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER PROJECT: EAST WATER PLANT TO Select Contracting, Inc. 1751 West l0th Street Riviera Beach, Fl 33404 WAREHOUSE CHANGE ORDER NUMBER: INITIATION DATE: July 19,2001 ARCHITECT'S PROJECT NO: CONTRACT FOR: #3 CONTRACT DATE: June 18, 2001 You are directed to make the following changes in this Contract: Add trap primers to floor drains in (2) Two Buildings, per Building Department requirements and approved submittals and drawings. Not valid until signed by both the Owner and Architect Si~amre of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Conlraet Time. The original (Contract Sum) (Guaranteed Maximum Cost) was... $168,708.00 Net change by previously authorized Change Orders... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was... The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (dzzreage~ by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... The Contract Time will be (increased) (decreased) 0a=c~'~-~ged) by... $ 44,6334.92 $ 213,342.92 $ 3,027.19 $ 216,370.1I ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is OCTOBER 15~ 2001 Authorized: ENGINEER Enqineerinq Department City of Boynton CONTRACTOR Select Contracting 1751 West 10th Street Riviera Beach, Fi 33404 OWNER City of Boynton Utilities B3~BY DATE 7--~i--O[ DATE -" ~ _ TO: Bill Atkins, MEMORANDUM Utilities #01-048 FROM: John A. DATE: March 6, 2001 SUBJECT: Construction of Two (2) Pre-Engineered Metal Buildings Piggy-Back Lake Worth Contract #99/2-480 The Utilities Department has $150,000.00 in an Operating Reserves account that was encumbered from the 1999/00 budget for construction of a metal storage building. The Utilities Department has researched other city and county bids and GSA Contract. We have chosen the City of Lake Worth bid due to the fact that it provided us with the building we need at a reasonable: price. In the package are two (2) proposals using the unit prices of the Lake Worth Bid and deleting those items that do not apply to our needs. Based on those adjustments, we will be able to construct' a second building for slightly more that the original budget for one building. These buildings will be used by several of the operational.divisions of the departmem to store materials for daily operations. We will also store emergency repair parts, spare pumping equipment and supplies needed dUring power failures or storm events. We propose to use $115,000.00 from account #401-0000-247-02.67, Reserved Building Improvements. The balance of $54,000.00 will be transferred from account #401-2822- 536-99.03, Reserve for Future Appropriations to account if401-2812-536-62.01, Building Improvements (see attached budget transfer). The balance of $35,000.00 in account t/401-000-247-02.67, Reserved Utility Building Improvements, will be used to install the required electrical and plumbing improvements in both of the: buildings. Those items are separate from this contract with Select Contracting, Inc., and will be contracted with local contractors. If additional information is needed; please contact Mark Law at ext. 6403. Attachment Xc: Dale Sugerman Mark Law Bob Kenyon Barb Conboy Tony Lombardi ITl '-I --I Z C: ITl --I ~ATtm~'OF. AG~A ~ ',v~4so: to! S~.~:~.., STOII~GE BUILDING~ at a Cit~'of.~ Woflh C~ OF BOY1NTON BEACH '. AGENDA ITEM ~QUEST :FORM ~ rs~ived [] Jme 19, 2001 mtuaes Z~rtm~ to ,q,~.~* ~. These ~~ ~ ~ bY ~ ofrae operations.' Utilities DePari~ent'wil! .also duri~ power failures ~ slorm events. mid the materials ami mpplies stored Will not b~ in · ' ': : ' .~ · ' ' ' , review, evaluation and approval Procurement Services Division recommends C _o~..m[~iol~ s ad~lUnte storage stot"A~C buildings at. a'cast. · ~erero~ the [2) metal s~ 812-~6. 2-KI TMti S ILS,000.00 S 169~)0~00 City At~orn~ / Finance./ Boynton Beach C~ty Clerk's Offce I O0 :E. Boynton Beach Boulevard P.O. Box 310 Bqynton Beach, Florida 33425-0310. (561) 742-6060 FAX: (561) 742-6090 TIFIOATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Resolution #R01-52, consisting of two (2) pages and the Select Contracting, Inc. Proposal consisting of four (4) pages are true and correct copies, as they appear in the recOrds of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 13th day of April, 2001. APRIL 13, 2001 "An Equal Ot~portunity/Affi~native Action/ADA Employer" RESOLUTION NO. R 01-,.~ A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF BOYNTON THE rNC., WORTH CONTRACT, FOR WO (2) PRE- MAYOR CITY PROPOSe; DATE. the City of Lake Worth Contract for the purchase of two (2) pm-engineered metal storage buildings; WHEREAS, the storage buildings will be utilized by several operational · ' of the, Utilities Department to store materials for daily operations, emergency parts, spare pumping equipment and supplies needed during power failures or storm events. 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 proposal of Select Contracting, Inc., by piggy-bac/dng the City of Lake Worth Contract for the purchase of two (2) pre-engineered metal storage buildings in the amount of $168,708.00; authorizing the mayor and city clerk to execute said a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ¢:~" dayofMarch, 2001. ATTEST: [ [Cit//Clerlc - lJ CITY O BOYNT N EAC~H, FLORIDA Vice Mayor ~ 1 Commissioner C~mmission~r Commissioner Select Contracting, Inc. February 16, 2001 PROPOSAL Oeparlment of ulir~es 5469 West Boynton Beac~ Boulevan:i Boynton Beach, Florid~ 33437 Attention: Mr: Mark Law Reference: c~ of eo~on ~=h Ut~es Oep~m~ Wrap ~ ~ We are pleased to provide our IXOlXmml ~ the Pm. Er~nee~:l Metal Buiid~g portion for the The Subjec~ I=mject for c=mpmison is the City c~ Lake Worth. Golf=~ Cart Barn Facility. The contrac~ date is July 22, 199a and tfte project was ~ in Decembmr of that same year. The pmject was quamsuccesm~ andcomplemdlnatlmelymanner. TheconstmcUon included one (1) 50"-43" x 100'-0" x 12'-0" i;~-et~mer~l metal txaldlng as manufactured by St~r ~ Syst~, Inc. The City ~ ~ W~4~ i~ie~ required ~ of in~eq~l~ s~l and Ixepara~n of a The 12'-0" x 10'.0" Ovmmftemmd D~x~ btdmxlas a cb,bt Itoi~ taxi is designed f°r SBC 97 with a 110 mph wind Immd m~l am m4lmctmd on Ibm Applicmllon amid ~ ~ Payment at Th.m w.m t~ur (4) ~ ~ ~ t~-- b.mm bkt Page 2 of 4 2001 C~y of eoynmn Beam SCOPE OF WORK: BOYNTON BEACH PROJECT: SMe(:t shall make applicalion for the Building Permit The City of Boymon Beach shall provide me site plan, site utilities plan and electrical, mechan~, and plumbing drawings required for permitting. I DESIGN AND DRAWINGS: Star Buii~ Systems shall provide design caJculalio~, building I FOOTINGS AND F0. UNDATIONS: Ail concrete designs shMI be ~ the site with considemtio~ for the Datum Bu~ling Code and shall be oc)o(~ed wiih the Star Building Systems anchor bolt setting plan. · Concrete Slab - 4' thick 3(XX)-p~ concrete. PRE-ENGINEERED METAL BUILDINGS: BUILDING NO. 1: · Building - One (1) - 50'42' x 100'-0" x 12'-0'. 1:12 Roof ~ Pm. c.-tgineerecl metal bu,dk)g as rnanuMcaA~ by Star auidk~ Sym.~ · ROM and WM InmMIImt - 3" ktm flbei111MI MIh a ~ ~ BUILDBIG NO. 2: · BuiklingNo. 2mceivesTwo(2} 12'.O'x10'-O"OveltteadDoors. Page 3 of 4 Februa~/16, 2001 C;ty of Boynmn Beam ngs and calculations as required by ttm ~ Oepmmmnt for the work that is nora part of ~s contract. We are Providing two spme~s~mets la~sed upm ttm subject project and adjustments to the project are indicatecl by rirm ~ These a~/Ja~ne~s reflect the cost for ea~ building after deducting far trinse items not usecl such as ~ and electrical. Additions are included for Overlleacl Doors, ~ and OOwn~xx~. EXCLUSIONS: County or City Impact Fees Building Permit Fees Site Plan Surveys, Fotrn Board ~=veys Site Work and Site ~ Intedor Partttlans Perking ami. Paddng Appurtenances 81dewaiks COMMaNCEM~iT & COMPLBTION: The wod~ shall C~lrnence wRl'dn t.n (10) days after issuanc~ of building ~ and w~t~n Noti~ t~ ~ and si'mE be ~ cm'npleted within Ninety (90) days al~rcm~menc~nent. Ssk~shailr~be mspcms~ for loss of ~me dueto Acts of God and maltm~ beyond its scx:~e and control sut~itted wttNn six (~} weeks from O~e~ of a mnnct. MODIFICATIONS: Modillmtbn~ to w.d~ (Addilion. ~ Oe~) stnll be made in wdting and GUA~ The wink is guaranteed Itam defects in v,<m~-nansNp ~ ~ for one (1) year from date of subslanliai completion. Workers fram me Page 4 of 4 Fe~l~y 15, 2001 BUILDING 1, CONSIDERATION: The Owner shall pay Select EIGHTY EIGHT THOUSAND TWO HUNDRED NINETY NINE AND NQ/loo DOLLARS ($_~,;~g) for performing the work in accordance with the terms ~ conditions contained herein. BUILDING 2, CONSIDERATION: The Own~ shall pay Select EIGHTY THOUSAND FOUR HUNDRED NINE AND NO/100 DOLLARS ($ 80.409.001 for performing the work in accordance with the terms And ctmditions contained herein. PERFORMANCE AND PAYMENT BOND: Performance And Payment Bonds am included in this. Pro!;x~sai. PAYMENT TERMS: Payment shall be made as the work pmgmasas in the following manner. Balance shall be invoiced on the 25"' day of the month based upon percentage of work completed, payable within ten (10) days. days. Upon a=:eptance of thi~ proposal, a Standard AIA Own~ctor Agreement shall be submitted for Owner's execution. Very truly youm, O~C~NG, INC. MICHAEL S. REICH President '~'~'~O~"EC' AS TO FORM. Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Tumed 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.6 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 [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of a Joint Project Participation/Fundi .~. Agreement in the Construction. . , of Gateway.. . Blvd.- Jog Road to Military Trail, with Palm Beach. . County. ?~ e. F.j. TM ~'?:?,i agreement authorizes the City s participation for an amount not to exceed $4,555.00 for the adjustment of~t~ EXPLANATION: Palm Beach County will be redeveloping portions of Gateway Boulevard within the City of Boynton Beach Utilities service area. Certain valve boxes and sanitary, sewer manholes will have tobe adjusted in order to match the new grade elevations for the redeveloped roadway, and it is the City's responsibility to bear the cost of those adjustments. Line items for the adjustments were included in the County's bid for the roadwork, and the $4,555.00 amount represents the value submitted by the low bidder on the overall project. PROGRAM IMPACT: Adjustments will be necessary to protect the existing utilities from damage. FISCAL IMPACT: $4,555.00, payable from the Utilities Renewal and Replacement fund ALTERNATIVES: Adjust these facilities using City personnel. We strongly recommend against such an approach due to difficulties in coordination and the potential for incurring additional co~or delays or da~es. Department Head's Signature iCity Manager's Signature Utilities Department Name U - C~-ty Attor~',f~inance / Human Resources XC: Peter Mazzella (w/1 copy of agreement) Barbara Conboy " City Attorney " S:~BULLET!N~ORMS~GENDA ITEM REQUEST FORM.DOC Finance Dept. (w/1 copy of agreement) File " RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF -THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT ROAD TO MILITARY EXPENDITURE NOT TO I FOR THE - JOG ORIZING AN ED $4,555.00; AND WHEREAS, the CITY and the COUNTY desire to jointly participate in the construction of utility adjustments to water distribution and/or sewage ,mission systems and other improvements, along, Gateway Boulevard - Road to Military Trail; and WHEREAS, said expenditures shall not exceed the amount of $4,555 for the relocation, adjustment or construction of utility lines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. The foregoing "WHEREAS" clauses are true and correct ~nd hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, does hereby authorize and direct the Mayor and City Clerk to execute a .]oint Participation/Funding Agreement between the City of Boynton Beach and Palm Beach COuntY, a copy of which Agreemen..t is attached hereto as Exhibit "A". Section 2. passage. This Resolution will become effective immediately upon PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk (Corporate Seal) s:ca\Reso\County - .loint ParticpaUon/Funding Agr 081301 Commissioner Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www. pbcgov.¢om Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L, Greene County Administrator Robert Weisman 'An Equal Opportunity Affirmative Acffon Employer' July 27, 2001 City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, FL 33435-6040 ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities JOINT PROJECT PARTICIPATIONfFUNDING AGREEMENT IN THE CONSTRUCTION OF GATEWAY BOULEVARD; JOG ROAD TO MII,ITARY TRAIl. PALM BEACH COUNTY PROJECT NO. 97506 Dear Mr. Mazzella: Enclosed herewith are three original joint project participation/funding agreements for your utility work on the referenced project. Please recall, that Hardrives of Delray, Inc., the lowest responsive bidder, will be awarded this contract which included your items of work in the amount of $ 4,555.00. Please review and request the City to execute the agreements and return all three originals for executibn by the County. If you have any questions regarding this matter, please feel free to contact this office. Sincerely, EO~nng~'~eAri~Fg/~u~icde~ 'orks"~Dpi:re;t~Tns f j~OAF/~L.~ Enclosure pc: Edwin A. Jack, P.E., Deputy County Engineer Marlene R. Everitt, Assistant County Attomey-w./Attachment Carl R. Miller, Director, Construction Coordination-w./Summary Liz PurviS, Senior Budget Analyst/OFMB Richard Farquhar, Fiscal Manager I, Administrative Services-w./Attach. ecl Tanya N. McConnell, P.E., 5 Year Road Program Mgr., Roadway Production Steven B. Carrier, P.E., Special Projects Manager, Roadway Production Div. William R. Sears, P.E., Project Engineer, Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production-w./Attach. F:\ROADWAY~AGRMT~97506BBU-LTR.doe ~ printed on recycled paper AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 97506 THIS AGREEMENT, made and entered into this __ day of 2001, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State of Florida, herein referred to as the "CITY", WITNESSETH: WHEREAS, COUNTY and CITY desire to jointly participate in the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements, hereinafter referred to as the "Work" along the right-of-way of Gateway Boulevard fi:om Jog Road to Military Trail roadway improvements, hereinafter -_ referred to as the "Project"; and .... WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "Work" be coustmcted with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of tho mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the right-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 97506. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the amount.of $ 4,555.00 in accordance with the attached bid tabulation (Attachment "A") and summary [Attachment "B") for the specified work. 3. Costs shall be adjusted upon actual contract costs and completion of the project using contract unit prices and actual constructed quantifies, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements to an amount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any cost eansed by the CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under nm attributable to said construction of the "Work", as outlined in the specification, the CITY will be credited the excess amount. AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. The CITY shall indemnify, defend, and hold harmless the COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the COUNTY for the COUNTY's negligent acts or omissions. 10. The COUNTY shall indemnify, defend, and hold harmless the CITY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the CITY's negligent acts or omissions. l 1. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 12. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be sent to: City of Boymon Beach 124 East Woolbright Road Boynton Beach, F133435-6040 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: ROADWAY PRODUCTION AGREEMENT WITH TI~[E CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY 1TS BOARD OF COUNTY COMMISSIONERS BY: BY: Warren H. Newell, Chairraan ATTEST: SUZANNE KRUSE, CITY CLERK ATTEST: DOROTHY H. WlLKEN, CLERK BY: BY: (DATE) By: (DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS BY: BY: CITY ATTORNEY COUNTY ATTORNEY F:~,OADWAY'~AGRMTO7506BBU-J2F.~ 4 ATTACHMENT"A" I ATTACHMENT "B" PROJECT NAME: GATEWAY BOULEVARD; JOG ROAD TO MILITARY TRAIL Hardrives of Delray, Inc. QUANTITY/UNITS UNIT PRICE AMOUNT CONTINGENCY ITEMS 62 ADJUST VALVE BOX (INCLUDES 10 EA $ 295.00 $ 2,950.00 CONCRETE COLLAR) 63 ADJUST UTILITY MANHOLE 3 EA $ 535.00 $ 1,605.00 CONTINGENCY ITEMS SUBTOTAL $ 4,555.00 GRAND TOTAL $ 4,555.00 F:~.OADWAY'~.GRMT~97506BBU-SUM.do~ - Requested ~ity Commission Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VT.-CONSENT AGENDA ZTEM C.7 CITY OF BOSTON 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 Meetin~ Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Tume~ in to City Clerk's Offi¢~ September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 1~7, r2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business Public Hearing Legal [] Bids [] Unfinished Business Atmouncemeat Presentation [] City Manager's Report RECOMMENDATION: Approve the 2001-2002 updated pay ranges for City employees. ~ EXPLANATION: The pay ranges covering all City employees have been reviewed and the following changes are recommended effective ~x9~-~3~3~0 1: · Increase the rate ranges by 5%. We did not increase our ranges last year due to budget constraints and because our position in comparison to other local agencies was still competitive. In analyzing this year's major surveys (Florida League of Cities, Public Employer's Personnel Information Exchange and Florida Public Fersonnel Association), our position compared to other agencies in the area had declined somewhat and in certain instances placed us below the middle of the average range spread and actual salaries. We did consider that oar average salary figures were influenced by higher paid employees taking early retirement and being replaced by newer, lower paid employees. Nevertheless, we deem it important to upgrade our plan this year to remain competitive in attracting and retaining good employees. · Bring those employees who are below the new recommended minimum up to that amount. PROGRAM IMPACT: The pay plan affects every City employee. Having a competitive, equitable plan contributes to the overall well-being of our staff. Note that bargaining unit contracts for Police Officers, Police Sergeants, Police Lieutenants and Flreflghters are currently in negotiation and wage agreements are separate from the overall pay plan. FISCAL IMPACT: · There are approximately 112 full-time and 69 part-time employees whose current salary will be lower than the new recommended grade minimum. The annual amounts to bring these employees to the minimum varies from $6 to $2479 (Full-time average: $555, part-time average $400). To bring those employees to the new minimum will be $90,000 on an annual basis. The 5% range adjustment does not entail an across the board increase for all employees. A higher grade maximum may bring those employees who have reached the current maximum of their grade(and therefore receive a lump sum increase) back into their rate range. Any annual increase they receive will again be added to their base. Article 21 of the Blue Collar bargaining unit contract and Article 25 of the White Collar bargaining__ unit contract requires the City to increase the maximum of the ranges by 5% on September 30; There S:~ULLETIN~FOR~S~.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM~REQUEST FORM ~is a 2% increase scheduled for these covered employees on October 1 of the new fiscal year. This increase will be t instances. prom~ted during the year will have their promotional increase calculated on the new higher mid-point. Appropriate funding is available for these changes. ALTERNATIVES: · Do not approve recommended pay range adjustment. · App.. r~vea highegnor lower percentage from the recommended 5%. Departm~t Name Cit~Ma~ger s Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUF~T FORM.DOC RESOLUTION R01 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING UPDATED PAY RANGES FOR CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE -DATE. WHEREAS, one of the responsibilities of the Human Resources Department is to study and review city wide Pay ranges, as they relate to current market trends and other municipalities; and WHEREAS, the attached updated pay ranges reflect the outcome of this study; 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 I[hereby approve and adopt the updated pay r,a~, g,e,s for City employees, a copy of which recommendation is attae~aed hereto as Exhibit A, and made a ~ar~ hereof. II Section 2. This Resolution will become effective °n September 30,2001.- II PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk (Corporate Seal) s:cakreso~agreements\1999-2000 Pay Plan ADD 5% TO RATE RANGES FullTime = J; October 1, 2001 # Emps Part Time October 1, 2001 # Emps ' ' '~nual Amount Annual Amount ito New Minimum ' to New Minimum Non-classified $8,588 22 Grade03: ' ~ , , $170 I Grade03 : $12 2 Grade04 ~ ' ~ ~!$1,199 , , 3r Grade04 $8,289 11 Grade 05 i ,: $2,031 3, ' ' Grade06 i~', .!; . $6,948 19 Grade06 $3,617 i0 Grade07 ; '. : $3,830 7 Grade07 $1,903 7 Grade 08 i,;, .:., ;.. i i~$11,347 23 Grade 08 $2;912 7 Grade 09 : $177 1 Grade 09 : : ~ ,$3,997 1 G ade 10 [ ~ ~ ' . r $1,419 ' Gr. rade11' r"r!.i ' i ir $2,006 4 Grade11 ' $0 0 Grade 14 ' ' .;~ RR7 3 Grade 15 r ; ~ ~ ~ $1'563 i2 $6'859 1t: Grade 16 Grade 17 r r ~[ :: $1,581 t; 1 Grade18. .' $6251! 2 Grade 19 , I I 2 Grade 20 ~ :i: ~ ' ~661: 2 Grade21r ,~ = r,I ';01: IGrade 22 ~?t .... , , eu I i0 Grade 23 : : 0 Grade 24 ,il, I $0 0 Grade 25 ~ , ~ $0 ~0 Grade 26 ~ i, $2,0,59 Grade27~= ; ' $436 Gradel30 Grade 31 ,, $0 0 Grade 32 0 1$1,266 Grade134 , : $0 Grade 35 i $0 0 , $2, , ! 1 Grade 36 617 ~raae ~ $ 0 Grade38 , 0 $ '0 IGrade 39 ' 0 Grade 0 $0 Grade ~1 ~$0 ura e $0 0 , Grade 43 ' , .$ Orr 2 ~ $6 ,4'43 112 $27,681! 69 Total iAverage: $558 $90,104 Average: $400 z '13 '0 Z '13 '0 ~ '0 'JO Z Z n'l Z ' 03 I Z Z Z Z IZ !Z !Z Z Z Z Z Z Z z z z z ' i : Z 0 CD 0 0 0 o o o o o o × 0 C) -3 × o o m × o o o o 0 0 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI 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.8 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 full release of surety for the project known as Lexington Lakes, and authorize refund of the existing $10,000 cash surety to the developer, Kennedy Properties Ltd. EXPLANATION: The subject project has furnished all necessary documentation, and has successfully completed the warranty period. Surety may therefore be returned. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City Code allows for the return of surety upon completion of the warranty period. . p gn . e Department Name ~r ' Ciiy Attom~ J~inance / Human Resources XC: Peter Mazzella (w/ attachments) Fin.ance Dept. " City Attorney " Asset Management Consultants File " S:~BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE --CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY TO KENNEDY PROPERTIES:. LTD., (FOR THE PROJECT KNOWN AS LEXINGTON LAKES) IN THE ~OUNT OF $10,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Kennedy Properties Ltd., previously posted a cash surety in the ~;10,000.00 for the project known as Lexington Lakes; and WHEREAS, the potable water system for this project has been successfully deted and has exhibited no defects throughOut the warranty period; and WHEREAS, the Department of Engineering is satisfied with the completion of action taken by the developer and site contractor .in the resolution of outstanding and have so advised the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, TItAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon of staff, hereby approves the release of the cash surety in the amount of $10,000 to Kennedy Properties Ltd. Section2. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk (Corporate Seal) s:caXResckl_etter of Credit/Cash surety Release -Lexington Lakes - Kennedy Jul-)O-01 20:4g ASSET MANGEMENT 703 594 2[87 . ,. setl ana i;:ement' COnsultants 12~! Fitm~t~r Dr. Nok~ville, VirJ~ia 20181-~4 Requ~t FOr: Release Qf ~nd D~: Monday. July ~ 2~1 PI~ot~:(7(LT) 594-~1gll (703) $94-21 P.O1 ARa: P0tc Maz~lla Door: Utilities* Fax: (561) 731-0065 KEN1N IA We believe all ncccssar_~ work, permits, stabilization, crc .... have b~na compl~'te.d on thc prqj¢ct known in your files as: File: KE~IEDV HOMES Project De~: LEXINGTON Project Add: KENNDY IIOMES Bond Typ~: Acc~m~ #: 15ortd Dat~: 8/11/93 Rond # Permit # ltthis not the case. plcas~ tbrward a list of,my noncon¢onning or not mnplc'tcd items co us For att~mtion. Otherwise, Please refund thc deposit held by BOYTON BEACI ~, FL in the amount of$10,O00.00 plu.~ applicablo imprest to: Korm~dy Properties' Ltd/Kennedy Group LTD Mr. Robert J Trautn~a~ 600 W. Hillslx~ro Bird S. 10 ! D~ff'~ld Beach, FI, 33441 Please Consider this requ~t tbr m~y additional fimds held by you for this d~veloper with exception or any active constn~ctio,, It L~ our intention to have 'all thuds rctumod to ~ developer. Pleas~ inform AMC, as agent, or refund date ~u~d of alt other corruapondcncc, by carbon copy. If you have any qucsticna concerning the above, plea.sc fcc[ frcc to call mc at (703) 594-3100. MEMORANDUM UTILITIES DEPT. NO. 93 - 343 TO: Grady Swann, Finance Director FROM: John A. Guidry, Utilities Director DATE: August 5, 1993 SUBJECT: Kennedy Homes - Transmittal of Cash Bond for ' Lexingon Lakes Kennedy Homes is the current homebuilder in the development of Lexington Lakes., which is located outside of the City Limits. Enclosed is check no. 00125 in the amount of $ 10,000 which constitutes a cash bond as surety against potential damages to our utility system during on-going construction. Please retain these funds in an appropriate account until all construction is completed, at which time we will request the City Commission to release the surety. You may refer any questions on this matter to Peter Mazzella of this office.. JaG/PVM bc: Peter Mazzella xc: Skip Milor File Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September4, 2001 CITY OF BOYNTON,BEACH AGENDA ITEM REQUES FOR1, 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.9 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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve surety reduction for the project known as BAPS Development, and refund the amount of $24,714 to the developer. EXPLANATION: Water and sewer utilities have been completed for this project, a bill of sale and easement for the utilities have been provided, and the improvements have passed their final inspection. Surety may therefore be reduced to 5% of the original value for the balance of the warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City Code allows a reduction in surety given oncp}the above conditions have been met. Dep~iXmenf Head s Signature '~ ~i~ Mfmage~'s Signatu?e Utilities ,. . I c . Department Name ~ City Al~i~y / Finance / Human Resources XC: Peter Mazzetla (w/attachments) Finance Dept. " City Attorney " File " S:~BULLETIN~FORMSL~kGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE ,CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE CASH SURETY POSTED BY __BAPS DEVELOPMENT FOR INSTALLATION OF UTILITIES. FROM $26,015.00 TO $1;301.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously posted a Cash Bond in the amount of $26,015.00 as surety to guarantee a installation of utilities for BAPS Development; and WHEREAS, a final inspection has been conducted on this project and it has been determined by staff that the sum of $1,301.00 should be held, which is 5% of the original value for thebalance of the warranty period; 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, .based apon the recommendation of staff, hereby approves a reduction in the Cash Surety posted by BAPS from $26,015.00 to $1,301.00. Section 2. That this'Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2001. ATTEST: City Clerk (Corporate Seal) s:caLRes6Letter of Credit - Reduction of Cash Surety BP.PS CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director ./9 FROM: ,q~lohn/A%Uidry, Utilities Directo~ DATE: /~?. ~2..g.~ ~--,,~' SUBJECT: Surety~ee transmittal LETTER OF CREDIT: Bank- Amount $ CASH BOND Check no. /~ t Amount ADMIN./INSPECTION FEE: Check no. / oft, Amount Water $ Amount Sewer $ Total SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. /)Id- Based on L.F. Amount $ COST DOCUMENTATION: Engineer's Estimate ~/ Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM be: Peter Mazzella xc: File C:\OFFICE~WPWtN~WP DOCb-~MAYJUN Eg~FEE'i'RANS-WP O BAPS DEVELOPMENT, INC. PH. 9,54-346-.6643 iOiO 63.643/670 BRANCH 0~604 TO THE 0 .~ ORDER OF / '~' -~ - FOR BAPS SHREE SWAMINARAYAN MANDIR 541 S.E 18~ Ave., Boynton Beach, 33435. Tel: (561)740-2898 INSPIRER: H.S.D.H PRAMUKH SWAMI MAHARAJ Re: Release of bond Director of Utilities Department. Since we have met the requirements of your department could you please release the funds you have retained for the water and sewer back to us, AUg 7 Thank-You DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 24,714.00 To: BAPS Development Inc. 541S.E.-18~ Avenue Boynton Beach, FL 33435 For: Reduction of surety for the project known as BAPS Development t-I Requested by Approvals: Peter Mazzella, Assistant to the Utilit~i Date August 7, 2001 Dept. Head Finance Dept. City Manager Cc: Barbara Conboy 401 0000 220 99 00 24,714.00 $24,714.00 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITE PI C. 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 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: Approve a resolution authorizing execution of a Railroad Reimbursement Agreement with the State of Florida Department of Transportation and the FEC Railway Company for the installation and construction of grade crossings traffic control devices, and future maintenance and adjustment of said devices; located at N.W. 22nd Avenue (Gateway Blvd.). EXPLANATION: The Railroad Reimbursement Agreement authorizes the FEC Railway Company to perform the installation and construction of the grade crossing flashing signal and that the City assumes its share of the costs for future maintenance and adjustment of the grade crossing traffic control devices. PROGRAM IMPACT: N/A FISCAL IMPACT: Staff estimates an annual expense not to exceed $2,500.00 for maintenance and adjustments. ALTERNATIVES: None ~ Clty Manager's S~gnature Public Works Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC VT.-CONSENT AGENDA TTEt4 C.10 RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, :INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE FUTURE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing, or otherwise changing a portion of the public road system, on N.W. 22"a Avenue (Gateway Blvd.), which shall call for the installation and maintenance of railroad grade crossings and traffic control devices for raikoad grade crossings over or near said highway; 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 does hereby authorize execution of a Railroad Reimbursement Agreement with the State of Florida Department of Transportation and the FEC Railway Company for the installation and maintenance of certain grade crossings and traffic control devices for grade crossings designated as Finance Project ID 41018215701, on N.W. 22na Avenue which crosses the right of way and tracks of the FEC Railway Company at FDOT/AAR Crossing No. 272476-Y, located in Boynton Beach, Florida. Section 2. That thc City assumes its share of the costs for future maintenance and/or adjustment of said grade crossings and traffic control devices for grade crossings as designated in the Railroad Reimbursement Agreement. Section 3. That thc Mayor and City Clerk are hereby authorized to execute such Agreements with the State of Florida Department of Transportation and the FEC Railway Company. Section 4. That this Resolution shall take effect immediately upon passage. S:\CA'~RESOWgreements~FDOT - Gatewg~ Mnt Ag~08'1401.doc PASSED AND ADOPTED this __ day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) STATI5 OF FLORIDA DEP~ OF TRANSPORTATION FORM RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL COLrNTY ' { · SECTION ] JOB NUMBER ! ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 4101821-1-57-01 NW. 22nd Ave. Palm Beach i(SIGR) 0054-001 THIS AGREEMENT, made and entered into this day of ,19 . by and between the. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway Co. a corporation organized and existing under the laws of F 1 o r i d a with its principal place of business in the City of S t. A u g u s t i n e County , State of F 1 o r i d a and the City of B0¥n~0n Beach corporation, hereinafter called the CITY. , a municipal WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the DEPARTMENT as Job No. 41018 2 - 1 - 5 7-01 , on NW. 22nd Ave.(Gateway Blvd.) , which crosses at grade the fight-of-way and tracks of the COMPANY'S Milepost 2 7 2 4 7 6 -Y , FDOT/AAR Crossing Number 316 + 410 2 ' , at or near ~ o y = t o- g e ~ c ~ · as shown on the DEPARTMENT'S Plan Sheet No. One , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish thc necessary materials and install Automatic Grade Crossing Signal.q Type I V Class I V and/or other traffic control devices at said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a part hereof. 2..,.After installation of said signals is completed, fifty (50) percent of the expense thereof in mainta?ning the same shall be borne by the CITY and fifty (50) percent shall be-borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the :_t: parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; Or until it is agreed between the parties hereto that the signals are no longer necess~ or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. The COMPANY, but at the expense of the party initiating such relocation. cost Upon relocation the maintenance the fas 4. Unless otherwise agreed upon herein, the CITY agrees to insure that at' the crossing the advance warning signs and railroad crOssing pavement markings will conform to the U,S. Department of Transportation Manual on Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: (a) DEPARTMENT Procedure No. 725-080-225 'Reimbursement", dated November 1989, and Rule 014-46.002 'Responsibility for the Cost of Railroad/Highway Crossings', Florida Administrative Code, dated July 22, 1982. Co) Federal Highway Administration Federal-Aid Policy Guide, Subchapter G, Part 646, Subpart B, dated December 9, 1991, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. COMPANY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of the above indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated Within this agreement shall not be subject to payment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the (~ work to be performed by the COMPANY pursuant to the terms hereof, and an esttmate of the cost therech ...... in the amount of $ 2 0 0,210.0 0 All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items .and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: x (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by. the COMPANY and approved by the DEPARTMENT. (c) An agreed lump sum $ , as supported by a detail analysis of est~ated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and/or adjustment of the COMPANY'S facility as planned [~ill/witl not) involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and descnt~l hereafter): ~T ,/ I (a) .% will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments). N-/A Co) AH work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plan.q and estimates for the total work covered by this Agreement. x (c) $ credited for (betterment) and/or (expired service life) and/or (nonreimbursable gments) m accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment,work; 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for 'labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in sucb~. manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemi~ .... where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall, show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated ~eimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. The COMPANY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect, omission or delay by the COMPANY during the performance of the contract, whether direct or indirect, and whether to any person nor property to which the DEPARTMENT or said parties may be subject, except that neither the COMPANY nor any of its subcontractors will 'be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affmed, the day and year fa'st above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ATTEST: District Secretary (SEAL) COMPANY: Florida East Coast RailwAy Co. BY: (SEAL) ATTEST: CITY OF Boyn~-on ~o~ch , FLORIDA BY: (SEAL) (Title: ) Approved as to Form, 'Legality and Execution BY: A~omey-DOT D~e Approved as to Funds Available Approved as to FHPG Requirements BY: BY: · Fiscal - DOT Date FHWA i STA'I~ OF FLORIDA DEPAR3MENT OF TRANSPORTATION WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES FORM 725-090-09 RAIL 10F39 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER I COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 41018215701 NE.22nd Ave. PALM BEACH 1 (SIGR) 0054-001 RAILROAD COMPANY !, , FEC Railway Co. A. JOB DESCRIPTION & LOCATION: Cant. FL. & G, Median Work and Curb and Gutter B. TYPE OF ROADWAY FACILITY: 3 Lane Urban C. FDOTIAAR XING NO;: 272476Y RR MILE POST TIE: 316+4102' D. TYPE CROSSING PROPOSED: IV CLASS: IV DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: 1. EXISTING DEVICES: (See Agreement dated 8/7/1972 ) a. None-New Crossing. b. Crossbuck and Disk. c. Flashing Signals with Disk. d. Flashing Signals with Cantilever, e. X Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating 0381 ) a. No revision required. b. Cmssbuck and Disk, c. Fleshing Signals and Disk. d. Fleshing Signals with Cantilever. e. Fleshing Signals with Gates. f. X Flashing Signals with Cantilever and Gates. g. Relocate existing signal devices: (1) (With.Without) addition of Gates. (2) __. (With-Without) synchronization with highway traffic signals. (3) (With-Without) constant warning time. F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1~ N/A By Others ( Company.) 2[ N/A By Railroad Company. G. AUTHORITY REQUESTED: (Draft attached: ~ Yes ~) No.) 1. X Agreement (Tl~ird Party Parficip~g City of Boynton Beach ) 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: Negotiations to be completed by: 1011/2001 Signal installation target date: 6/1/2002 Synchronization: (Draft attached ~) Yes No.) ~C~LEDP~ER {~ STATE O~ FLORIOA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES FINANCIAl_ PROJECT NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 41018215701 'NE. 22nd Ave.(GateWay BlVd.) ; Palm Beach i(sIGR) 0054-001 COMPANY NAME:, Florida East Coast Railway Co. A. FDOTIAAR XlNG NO.: 272476Y RR MILE POST TIE: 316+4102' B. TYPE SIGNALS PROPOSED IV CLASS IV DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES (;LASS I il I11 Annual Maintenance Cost F_~lus' .rye ,of lnstall.ation DESCRIPTION Flashing Signals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks COST* $1,870.00 $2,474.00 $2,820.00 $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECiFiC LAW IMPLEMENTED: 335.141, F.S. *This schedule will become effective July 1, 2001 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor RECYCLED PAPER CI c- oo . oo 0 , anlh · DIE: 'did IBrD 'OH &ililOltld qLhELE 'Ol,i 9NISSDIl'I :[ Y Requested City Corarniss~on Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,200l [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.11 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: Approve a resolution authorizing execution of a Railroad Reimbursement Agreement with the state of Florida Department of Transportation and the FEC Railway Company for the installation and construction of grade crossings traffic control devices, and future maintenance and adjustment of said devices; located at 15th Avenue (Woolbright Road). EXPLANATION: The Railroad Reimbursement Agreement authorizes the FEC Railway Company to perform the installation and construction of the grade crossing flashing signal and that the City assumes its share of the costs for future maintenance and adjustment of the grade crossing traffic control devices. PROGRAM IMPACT: N/A FISCAL IMPACT: Staff estimates an annual expense not to exceed $2,500.00 for maintenance and adjustments. ALTERNATIVES: None - /~ J 'D~pa~nt ~I~ad s i~aa Ctfy Manager's ~ignamre Public Works Department Department Name City Attorney / Finance / Human Resources S:xJ~ULLETINWORMS'u~GENDA ITEM REQUEST FORM.DOC a VI'.-CONSENT AGENDA [TEM C.11 RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, --AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF GRADE CROSSINGS TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is constructing, ~:econstmcting, or otherwise changing a portion of the public road system, on 15th Avenue [Woolbright ~oad), which shall Call ?or the installation and maintenance of railroad grade ]crossing traffic control devices for raikoad grade crossings over or near said highway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize execution of a Raikoad Reimbursement Agreement with the State of artment of Transportation and the FEC Railway Company for the installation maintenance of certain grade crossing traffic control devices designated as Financial ect Number 41018315701 on 15th Avenue, which crosses the right of way and tracks the FEC Railway Company at FDOT/AAR Crossing No. 272484R, located in Boynton Florida. Section 2. That the City assumes its share of the costs for future maintenance adjustment of said grade crossing traffic control devices as designated in the Raikoad Agreement. Section 3. That the Mayor and City Clerk are hereby authorized to execute such Agreements with the State of Florida Department of Transportation and the FEC Section 4. That this Resolution shall take effect immediately upon passage. S:'~CA'~RESO'~Agreements~F DOT * Woolbright Agr 081401.doc PASSED AND ADOPTED this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Commissioner Commissioner aTTEST: Commissioner City Clerk (Corporate Seal) S:\CA'~ESOV~,greements~F DOT - Wo~bngi~t Agr 081401.doc STATE OF FLORIDA DEPARTMENT OF TRANS~)RTAT[ON FORM RAILROAD REIMBURSEMENT AGREEMENT v~.. GRADE CROSSING TRAFFIC CONTROL DEVICES=MUNICIPAL cOuNTY SECTION ~OB NUM~£R ROAD NAME OR NUMBER COUNTY NAME I PARCEL & RTW NL~tBF_R FAP NUMBER 15th Ave. 41018;,-1-57-( 1 (WOOIbrigh~VRd'i~ Patm:~Bch. 93000-SIGR THIS AGREEMENT, made and entered into this day of ,19 ., by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONi hereinafter called the DEPARTMENT, and The Florida East Coast Railway Co. , a corporation organized and existing under the laws of F1 ,,r~ aN. , with its principal.place of business in the City of St. Augustine , , State of Florida , hereinafter ; and the City of Bovnton Beach , a municipal WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the DEPARTMENT as Job No. 410183-I-57-01 , on 15th Avenue, (Woolbright Road) , which crosses at grade the right-of-way and tracks of the COMPANY'S Milepost 313~-0848 ' , FDOT/AAR Crossing Number 272484-R , at or near Rr~yn*-r~n R~t'h , as shown on the DEPARTMENT'S Plan Sheet No. Map , attached hereto as a part hereof; and NOW, TI4~.REFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows:. 1. The COMPANY. shall furnish the necessary materials and install Automatic Grade Cwssing Sign~t~ TYPe IV Class IV and/or other traffic control devices at said location on an ac,_,sl cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a part hereof. 2. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the ~me shah be borne by the CITY and fifty (50) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties heretol, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY. or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. The COMPANY agrees: that any future relocation by .the cost 4. Unless otherwise agreed upon herein, the CITY agrees to insure that warning signs and railroad crossing pavement markings will Transportation Manual on Uniform Traffic Control Devices signal improvements have been completed and that such signs and pavement maintained at an acceptable level. the advance 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: (a) DEPARTMENT Procedure No. 725,080-225 'Reimbursement", dated November 1989, and Rule 014~46.002 'Responsibility for the Cost of Railroad/Highway Crossings", Florida Administrative Code, dated July 22,: 1982. x Federal Highway Administration Federal-Aid Policy Guide, Subchapter G, Part 646, Subpart B, dated December 9, 1991, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. COMPANY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of the above indim~ Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $. 264,250. O0 All work performed 'by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the :DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, set'vices, materials and' equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 9. The COMPANY has determined that. the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: x (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Actual and related indirect Costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. (c) An agreed lump sum $ , as supported by .a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $i00,000.) 10. The installation and/or adjustment of the COMPANY'S facility as planned 0ei~will not) involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and descn'bed hereafter): % will be applied to the tmal billing of work actually accomplished to determine required credit for (betterment) and/or (expired 'service life) and/or (nom'eimbursable segments). N/A~) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plan.q and estimates for the total work covered by this Agreement. .-~A (c) $ credited for (betterment) and/or -- (expired. service life) and/or (nonreimbursable segments) in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue tO the COMPANY as a result of the above installation and/or~ adjustment work; 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject .only to the .DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furni.qh the DEPARTMENT with two (2) copies of its, ffmal and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as~ closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, tran.qportation, equipment, material and supplies, handling costs and other services shall be shown in suc~ manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized'- where they represent'major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall, shOw the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date On which the last work was performed o~ the last Rem of billed expense was incurred; and .the location where the records and accounts billed can be audited. 'Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant docmnents. All cost records and accounts shall be subject to audit by a representative of the DEPART1MF~NT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the mount of such actual costs as approved by the DEPARTMENT'S auditor. 14. The COMP~ covenants and agrees that it will indemnify and hold harmless the ~ DEPARTMENT and all of the DEPARTMENT'S officers, agents and employees from any claim, loss, -- damage, cost charge or expense arising out of any act, action, neglect, omission or delay by the COMPANY during the performance of the contract, whether direct or indirect, and whether to any person nor property to which the DEPARTMENT or said parties may be subject, except that neither the COMP~ nor any of its subcontractors will be liable under this section for damages arising out of injtu or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees. IN WITNESS WHEREOF, the p~ies hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and' year first above written. STATE OF FLORIDA -' DEPARTMENT OF TRANSPORTATION BY: ATTEST: DistriCt Secretary (SEAL) CO~/[PANY: Florida East Coast Railway Co. BY: (SEAL) ATTEST: Secretary CITY OF Boynton Beach ., FLORIDA BY: (SEAL) (Title: ) ATTEST: Approved as to Form, 'Legality and Execution Approved as to Funds Available Approved as to FI-IPG Requirements BY: BY: BY: Attorney - DOT Date Fiscal - DOT Date FHWA D~/e STATE O~ FLORIDA DEPARTMENT OF TRANSPORTA'IION WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES FORM 725-090-09 RAIL 10/99 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER ' 41018315701 .15th Avenue PALM BEACH ' 93000-SIGR ~ AD B. C. D. E. JOB DESCRIPTION & LOCATION: TYPE OF ROADWAY FACILITY: FDOTtAAR XING NO.: 272484R TYPE CROSSING PROPOSED: IV CLASS: STATUS AND PROPOSAL: 1. EXISTING DEVICES: a. None-New Crossing. b. Crossbuck and Disk. c. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gate& f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating a. No revision required. b. Crossbuck and Disk. c. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. Flashing Signals with Gates. f. X Flashing Signals wilh Cantilever and Gates. g. ___Relocate existing signal devices: (1) (W"~h-Wil~out) addition of Gates. RAILROAD COMPANY Florida East Coast Railway Co. Cant. w/FL&G, Ped~ gates, median gates, and traffic separators 4 lane urban arterial RR MILE POST TIE: 313+0848' IV DOT INDEX NO.: 17882 (See Agreement dated (2) (With-Without) synchmn'[zation with highway traffic signals. (3) __ (With-Without) constant warning time. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. NIA By Others ( 2. N/A By Railroad Company. AUTHORITY REQUESTED: 2. 3. 4. 5. 6. X Agreement (Third Party Participating Supplemental Agreement No. Crossing Permit. Estimate for Change Order No. Letter of Aulho~y. City.of Boynton Beach Letter of Contirmafion (No Cost to Department).. Company.) (Dr at a ad: 0 Yes 0 .o.) ) -,--H. OTHER REMARKS: Negotiations to be completed by: Signal installation target date: Synchronization: (Dratt attachad 1111/2001 0 Yes No.) STAI'E O~ FLORIDA DEPAR1MENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES FORM 725-090-41 RAIL OGC - 02/01 FINANCIAL PROJECT NUMBER ' ROAD NAME OR NUMBER COUNTY NAME PARCEL & PJW NUMBER FAP NUMBER 41018315701 15th Ave. (Woo b~ht Rd.) Palm Beach ' 93000-SIGR COMPANY NAJ~E: Florida East Coast Railway Co. A. FDOT/AAR XING NO.: 272484R RR MILEPOST TIE: 313+0848' B. TYPE SIGNALS PROPOSED IV CLASS IV DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS I I! Ill Annqal Maintenance Cost Exclusive of Installation DESCRIPTION Flashing Signals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks C.OST* $1,870.00 $2,474.00 $2,820.00 $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Tmfrm Control Devices EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. *3'his schedule will become effective July 1, 2001 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. RECYCLED PAPER 5TRIPCD DuT RRrR- Sl'-a" iD'- o" gG' - 0" IS'-O" WOOLBRIGHT RD, IN BOYNTON BEACH PRDF'ILE5 L00KIflE Id[ST TI]IdRRDS TRRCK Lift[ 27-a -' LRNE I LRNr /-=-- MHITE { //--= IdNITK / S.OUU)ER UNE ~%N--- CURB RND GUTTKR ~'-- UTIUTY BTI~IP la'a" LflHC IAHIT[ LINE LRNE LdHIT£ 5HOULCi~. LINE CURB RND EUTTER UTIUTY STRIP · __/ / 2~:a" S$a" ~--- I'-G" 13;E" : /J~ I1:!]" b]HiTELRNE .,/ ~ LRNC TRflFFIC SCPRRRTC~ / ~Eun,.~ nr~ ~ UNE ,~ UNC -- - J ~._ UT,.,.~'"~,.~'~'" Rrram[qrr'lD[D 12;6" LRNC bJHITC 5HOULDr~ CURB RND BUTTER UTIUTY STRIP TITLE ]Z ~'IGNFIL EFtFETY PRDGRFlrl FOR THE; YL'I~ 7_.001 / zonz LdDDLBRIDHT RDflE, PROJECT ESTIMATES 15 th NW. Avenue (Woolbright Rd.) FLORIDA DEPARTMENT OF TRANSPORTATION Company: Crossing Number: PR. Mile Post Type of Project: FEC Railway Co. 272484-R 313+0848' Installation of Grade Crossing Traffic Control Devices Estimated railroad costs Estimated contractor costs MOT costs Total Estimated Costs $2:55,270.00 $7,980.00 $1,000.00 $264,250.00 Estimates provided by the District Railroad Coordinators Office, FDOT, Florida East Coast Railway Co., and Mac .Construction Co. SEP 19 '00 11:00~ FEC £HGI~EERING MM&S P.1E DATE: 09/11/00 FILE: 10.2 TYPE: IV CLA~S: III NO. OF DAYS: 14 A~ / DOT ~: 272484R ~L~LE POST: 313 + 848' Pro~ect TyPe: FDOT (S.E. 15th AVE.). ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT WOOLBRIGHT ROAD This es%imate should be considered void after one (1) year. M~ ~NITCOS~ UNITS GATE ASSEMBLIES $5,231.00 6 EA. GATES $500.00 6EA. GATE FOUNDATIONS $575.00 6EA. CANT!LE'4~RS 33' $8,551.00 2 EA. C2%NTILEVER FOUNDATIONS $3.200.00 2E~. WIRED CASE, 4AB W/PMD-3R2 $60,670.00 1EA. BATTEI~Y BOX $675.00 2EA. B~ERIES, SD~vT SPL250 $212.00 50EA. MISC. GROUND MATERIAL $2,406.72 I PKG. CONDUIT & DIRECTIONAL BORE $45.00 280FT. CABLE $7,500.00 I PKG. MISCELLANEOUS RELAY EQUIPMENT $1,120.00 I PKG. POWER SERVICE $'900.00 I EA. ~gNITORING EQUIPMENT $8,051.00 1PKG. ~ITi%XION & DISPOSAL $1,:500.00 i PKS. ,KEIGHT & H~DLING TAX ~ 6.5% EXCAVATING EQUIPMENT P~R DAY ~QUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GAN~ TRUCK PER DAY SUPERVISORS TRUCK PER DAY $181.00 14 DAYS $125.00 ~4DAYS $35.00 14 DAYS $63.00 14 DAYS $35.00 14 DAYS ENGINEERING $6,500.00 I CONSTRUCTION SUP~-KVI SIOI~ LABOR ADDITIVE $274.00 LABOR PEK DAY NUMBEKOF DAYS LA~OR ADDITIVE $1,051.20 14 GANG EXPENSES PER DAY '~""~OMBER OF DAYS $553.00 14 14 DAYS CONTINGENCIES 5% ~,2484P..x~ $31,386.00 $3,000.00 $3,450.00 $6,400.00 $60,670.00 $1,350.00 $10,600.00 $2,406.72 $12,600.00 $7,500.00 $1,120.00 $900.00 $8,051.00 $~,50~.00 $23,698.00 $193,451.72 $2,534.00 $1,750.00 $490.00 $882.00 $~9o.oo $6,146.00 $6.500.00 $~,500.00 $3,836.00 $5,g7~.00 $14,717.00 $23,306 · O0 $7,742.00 $243,11~.72 8255,270.00 ATLANTIC SOUTHERN PAVING AND SEALCOATING page 2 ~.5° TOTAL: $ 9750.00 SE SEWARD STREET - STUART A. Install asphalt sidewalk on North side of crossing 5' to 7' wide x 60' long nd 5 thick TOTAL: $ 2920.00 WOOLBRIGHT ROAD - BOYNTON BEACH A. Form and pour concrete separator on both sides of crossing TOTAL: $ 7980.00 COMMERCIAL BOULEVARD - FORT LAUDERDALE A. Remove and replace 300 If of 8' curb and gutter TOTAL: $ 11070.00 GENERAL TERMS AND CONDITIONS 5. 6. 7. Supervisor, labor and materials included M.O.T. included D.O.T. approved paint to be used on all crossings except Seaway Drive which will be done in thermo plastic All construction related debris to be hauled off site Sod and fill not included Permits not included F.E.C. flagmen and police not included MICHAEL J. CURRY President E&OE (NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN FORTY-FIVE DAYS) SEE MAP N°. 100 c ' ' -' "'' - . ,.. ~.~.. ~ VI.-coNSENT AGENDA OF BoYNTON BEACH ITEM C.1-2 ITEM REQUEST FOIL Date Final Form Must be Turned Must be Turned Requested City Commission into Ci" Clerk's Office_ [] September 19, 2001 September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) [] October 2, 200l October 3,200l (5:00 p.m.) [] October 16, 2001 October 17, 2001 (5:00 p.m.) [] November 6, 2001 [] Development Plans ~ Administrative [] New Business r~. or~~ Consent Agenda [] Legal ~ :~ Public Hearing [] Unfinished Bus'ess Bids [] Presentation D: ~ Announcement ,~. City Manager' s Report o~ c~ ~, Material Purehase Agreement between the Solid Waste Authority material. ,arfl reeyelables are taken to the Lant'ana Transfer Station for processing. By Works Department, Solid Waste Division will take collected cardboard center in West Palm Beach. The Solid Waste Authority will pay the City 80% recycled material minus a processing cost of $23.50 per ton. This will allow · the Division and will keep commercial recycling costs down for our eustomers- r operators to drive to dispose of material. The revenue benefit out will result in longer travel distances. value) revenue o[ approximately $1,000 per month (dependi~n~t4~e~l/r(ent market Fund. 2001 (5:00 p.m.) (5:00 p.m.) p .rn.) (5:00 p.rn.) deliver to Lantana Transfer St~ifeng°city Mana~r~ S~ture Signature trlle / Human Resources FoRM .DOC RESOLUTION NO. R 0:1- A RESOLUTION OF THE. BOYNTON BEACH, FLOR]~DA, THE MAYOR TO EXECUTE A PURCHASE Ct'fY MATER~AL; AND WHEREAS, the City Commission of the -~ndation of staff, deems it to be in into a Commercial Material Purchase Agreement with the ~ material; NOW, THEREFORE,, BE/*T RESOLV CI'TY OF BOYNTON ~"~--'-- "-' ED BY THE Q=~n, FLORZDA,, THAT: Section 1. The City Commission of the City of authorize and direct the Mayor to execute a Agreement between the City of Boynton. Beach and the is attached hereto as Exhibit "A." ~ This Resolution shall become effective PASSED AND ADOPTED this day of August, 200I. CZTY OF BOYNTON Mayor Vice Mayor Commissioner City Cz (Corpc , ~e Seal) Waste Agr07260! Commissioner Commissioner PUBLIC WORKS DEPARTMENT MEMORANDUM leffrey Livergood, Public Works Director Christine Roberts, Assistant Public Works Director Commercial Material Purchase Agreement - SWA August 15, 2001 ' · of August 7, 2001 the Commercial Material Purchase . -~. ~ .... '~:~. and the Solid Waste Authority was tabled due, t.o q,}tehs~o~n~s~. between m~ ~,tLy ~ ,,_ ,erational and labor costs to transport m~ the concerns raised by the Commission. The recycling operators are system and are paid 40 hours per week to complete their routes. the cardboard to the 45th Street site will not result in any overtime or other or deferred, and the recycling routes will still be serviced within the The cardboard route is serviced daily by one operator. I was asked : how many trips per day are made, I gave an approximate figure of 5-trips estimation was incorrect as there is one-trip per day made to transfer the The only additional cost incurred will be fuel and.maintenance on the vehicle an additional 30 miles. my evaluation I have determined that there are no additional labor costs transport the cardboard. Entering into this agreement will add revenue to the Division and will help in keeping commercial.recycling rates low. Should not be correct and we incur a loss instead of additional revenue we will : to taking the material to the Lantana Transfer Station. Requested City Commission Meeting Dates [] July 17,2001 [] August7, 2001 [] August21,2001 [] September 4, 200l VI.-CONSENT AGEN DA ITEM E.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 Tumed 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: Please place this request on the August 21, 2001 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unammous vote recommended that the subject request be approved. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-1,56. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: CHERRY HILLS - LOT 62 Octavia Sherrod, Community Development Derek and Tracy Wiley Southside ofNW 9ta Avenue, between NW 4t~ and NW 5th Street Request relief from Land Development Regulations Chapter 2, Zoning, Section, 5.D.2.a to alloW a single family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R- 1-A zoning district. N/A Planning 8~ Zoni~ Director S:kPlanning~Planning TemplateskAgenda Item Request 8-21 Cherry Hill Lot 62.dot City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-'156 Staff Re port Planning and Development Board and City Commission Meeting Date: August 14, 2001 File No: ZNCV 01-015 - Lot area variance Location: Lots 62, 63, and 64 (portions) Cherry Hills Subdivision Owner: Derek and Tracy_._Wiley Project: New single-family home. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, to allow a single-family house on a 7,20'0 square-feet lot in lieu of the 7,500 square-feet required by code in a R-I-A zoning district. BAC KGRO U N D The subject vacant property and nearby neighborhood is currently zoned R-l-A, single family residential, and mostly developed. The applicant desires to develop the property for a single- family residence (see Exhibit "A"- Location Map). The approved plat of Cherry Hills Subdivision, as recorded in 1926, shows the original lots being 25-feet wide (see Exhibit "B" - Cherry Hills Subdivision). In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the plat of Cherry Hills. The current regulations require a minimum of 60 feet of,frontage and 7,500 square-feet in lot area in the R-1-A zoning district. The subject parcels were conveyed to the applicant by the City, who would develop them with a single-family home using SHIP (State Housing Initiative Partnership) funds. The City has assembled portions of lots 62 and 64, with lot 63 in order to satisfy the 60- foot frontage requirement, but it remains 300 feet short of the minimum 7,500 square- foot area requirement (see Exhibit "C" - survey). The follow, lng is a description of the zoning districts and land uses of properties that surround the subject property: North: NW 9th Avenue right-of-way and farther north single-family homes zoned R-1-A. South: Single-family homes zoned R-1-A. East: Vacant parcel zoned R-1-A. West: Single-family home zoned R-1-A. Page 2 File No. ZNCV 01-015 - - - - - ' ANALYSIS The ko-de states t~at the~zoning cod~variance cannot be approved unless the board finds the follOwing: - _ a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other/ands, structures or buildings in the~same zoning district. ~ - ' --~--~-~ b. That the special conditions and circumStances do not result from the actions of the appTica~ -~ c. That granting the variance requested would not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That l~ite-r~nterpretation of the provisions of this ordinance would deprive the applicant of ___ ~dg~ts Commonly enjoyed by other properties in the same ZOning district under the terms of -- ~ the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this analysis using the ~bove criteria, which require that the request not be based on actions taken by the applicant; not deprive the applicant of rights and privileges already enjoyed by other properties in the same zoning district; be in harmony with the general intent and purpose of City regulations, and not be detrimental nor injurious to the area and public welfare. According to the applicant's response to the above criteria, as contained in Exhibit "D", other property owners in the neighborhood have been allowed the privilege of reduced lot size. The applicant therefore feels that he is also entitled to the same privilege, and therefore has provided a plan depicting a proposed (approximately) 1,900 square foot residence for the subject 7,300 square-foot lot (see Exhibit "C" - survey). The applicant has also stated that the requested variance would allow development of a parcel that is consistent with other lots in the surrounding neighborhood. Furthermore, as per the applicant; the proposed structure will be harmonious with both the typical size and architectural style of other new houses in the area, therefore, minimizing negative or injurious impacts to the neighborhood. Page 3 File No. ZNCV 01-015 been the subject five (5) of them fo~ conforming lots applicant that the ap¢icar~L Cbe~ Hiti~s Suibdivis~r~ have , f~r ~ef' c~ side se,~backs,, bu,i~ Staff acknowledges that by modifying the si require a minimum of 60-foot frontage and 7,500 square,foot :lot si: ps and non-conformities for owners of older platted lots. The applicant has made a good faith effort to comply with the City's minimum site development requirements by combining portions of Several[ ~ots to meet the m~r~irnum-frontage requiremen~L~herefore, staff agrees that.ttb.e applicant has demonstrated that approvat of this feques~ is the~ minimum that~ilfrn'~ke possib}e a reasonable use of the property~ CONCLUSIONS/RECOMMENDATIOI'~ Based on the analysis contained herein, staff acknowledge~ that the ap_p~i~car~ has p~over~ that a hardsh p condition exists, and that the applicant has made a reasonable a-ttEmpt~tobring {the subject parcel into conformance with current regulations. Furthermore, staff concludes th-at'the approval of this request will support affordable housing goals of the City's Infill Program; will increase the property values of the neighborhood; dec~ease unsightly conditions; and beau.ti.'f¥ the streetscape. Therefore, staff recommends that the requested variance be approved, thereby granting the relief necessary to allow the construction of a single-family home on a non-conforming lot with 7,200 square-feet in lieu of the 7,500 square-feet required by code; No conditions of approval are recommended; however, any conditions of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F". MR/ad S:~Ianning\SHARED\WP~PROJECTS\Cherry HEll Lot 62~STAFF REPORT.doc LOCATION MAP Cherry Hills-62-63-64 EXHIBIT "A" Z '% SURVEY ~k~. ?/,5. LEC- LOT 62, LES AND PLA PALM BE EXHIBIT "D" A. The Cit~ of Boynton Beach through its Infill Program acquires vacant properties. The properties are then given away to first time homebuyers qualified to Participate in the City's Program. The community benefits from the Program by eliminating the slum and blight conditions (illegal dumping and overgrown lots) in the neighborhood, increasing the tax base,' and providing ~affordable honsing. The City has recently given two 60 ~'oot road frontage parcels away, Each parcel has at least one whole platted lot is 120 feet deep and contains 7,20 The 60 foot road frontage meets the requirements of ILIA zoning and'i: siZed ] 500 block ofN.'~V. 9th Avenue with 1 (one)-' 52 feet lot and 2(two)-58 feet lots and the comer lots being the exception. All of the lots on the South side of the block are: 120 feet deep which means that all of the inside 60 feet parcels do not comply with the 7,500 square feet ILIA requirement. This zoning requirement has created a b~rrier that prevents the parcels from being readily developed in a manner consistent with the surrounding neighborhood. B. The platting, development and construction of other homes in the community was performed by others over a long period of time. The city has recently installed sewers and is workin=~ as a facilitator to complete the community. C. There is no special privilege or particular benefit to building on a lot size consistent with as-builts in the immediately surrounding area. D. There currently exists three developed properties on the same block that have least 240 square feet less than the subject property and three developed properties wi~ the same (60 feet x 120 feet) 7,200 square feet. The rights of home ownership enjoyed by those property owners should be no greater than the rights of these first time homebuyers. E. The proposed homes exceed the minimum requirement of 1,250 square feet, meet all of the existing set-back requirements, will not cover more than 40% of the lot and the parcels meet the required 60 feet road frontage. The minimal 300 square feet variance is shared by other existing homes on the block and is all that is required to build on these parcels. F. The granting of the variance does not affect the size of the home, required setbacks or the character of the neighborhood. It does eliminate vacant land, creates affordable housing, makes a positive impact on the community and increases the value of the surroundinKhomes. AT ~T LEA~L P^~CE L~ 4.20A~ . S.F.W.M. ER VARIANCES' PROPERTy, 3{,0 EXHIBIT "F" Conditions of Approval Project name: Lots 62, 63, and 64 (portions), Cherry Hill:s Subdivision File number: ZNCV 01-015 (Lot area) ~de Variant ~lication dated June 8, 2001 ~CL~E ~JECT DEP~TMENTS P~LIC WO~S Comments: NONE X , 'UT~IT~S Comments: NO~ X X Comments: NONE . POLICE X Commits: NONE ENG~F,~G DWISION Coments: NONE' X B~,D~G D~SION X Cmmnents: NONE P~S A~ ~C~ATION Co..nents: NONE X FO~STE~~O~NT~IST X Co~ts: NO~ PLA~ A~ ZO~G Cmmnents: NO~ ~ X ~DITION~ COMITY ~DE~LOP~NT BO~ CO~ITIONS X COl,,~ents: NONE cFy CO SSXON cOmmONS Commits: To be determined. MWR/pat S:~LANNING\SHARED\WFAPROJECTS\CHERRY HILL LOT 62\CONDITIONS OF APPROVAL ZONING CODE VAR DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 62, 63, and 64 (portions) Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21, 2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South side of NW 9th Avenue, between NW 4th Street and NW 5th Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, whiCh Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the d ate of hearing stated above. The City Commission having conSidered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the' relief.sought was made by the Applicant in a ma nner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as' set forth on Exhibit "F" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING~SHARED\WP\PROJECTS\CHERRY HILL LOT 62\DEVELOPMENT ORDER. DOC Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in io 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 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 [] Development plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 21, 2001 City Commission Agenda under Consen~ Agenda. The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request be approved. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-157. EXPLANATION: PROJECT NAME: AGENT: _; OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: CHERRY HILLS - LOT 64 Octavia Sherrod, Community Development Sandra McPherson Southside ofN-W 9~ Avenue, between NW 4~ and NW 5~ Street. Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.D.2.a to allow a single family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R-1-A zoning district. N/A FISCAL IMPACT: N/A ALTERNATIVE/~~ N/A De~Ieq~nS~t ~nt D~ector Planning & Zonin~)t[ector SSPIanning~HARED\WP~PROJECTS\ Agenda Item Request Cherry Hill Lot 64.dot SSBULLETIN~ORMS'u~GENDA ITEM REQUEST FORM.DOC ~~/~ge~' s Signature City Attorney / Finance / Human Resources DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-157 Staff Report Planning and Development Board and City Commission Meeting Date: August 14, 2001 File No: ZNCV 01-016 - Lot area vadance Location: Lots 64, 65, 66, and 67 (portions) Cherry Hills Subdivision Owner: Sandra Mc Pherson Project: New single-family home. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, to allow a single-family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R-1-A zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-1,A, single family residential, and mostly developed. The applicant desires to develop the property for a single- family residence (see Exhibit "A" - Location Map). The approved plat of Cherry Hills Subdivision, as recorded in 1926, shows the original lots being 25-feet wide (see Exhibit "B" - Cherry Hills Subdivision). In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the plat of Cherry Hills. The current regulations require a minimum of 60 feet of frontage and 7,500 square-feet in lot area in the R-1-A zoning district. The subject parcels were conveyed to the applicant by the City, who would develop them with a single-family home using SHIP (State Housing Initiative Partnership) funds. The City has assembled portions of lots 62 and 64, ~/ith lot 63 in order to satisfy the 60- foot frontage requirement, but it remains 300 feet short of the minimum 7,500 square- foot area requirement (see Exhibit "C" - survey). The following is a description of the zoning districts and land uses of properties that surround the subjedt proper[y: North: NW 9th Avenue right-of-way and farther north single-family homes zoned R-1-A. South: Single-family homes zoned R-1-A. East: Vacant parcel zoned R-1-A. West: Single-family home zoned R-I-A. Page 2 File No, ZNCV 01-016 ANALYSIS The code 'states that the zoning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. Co That granting the variance requested would not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make Possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance wi//not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this 'analysis using the above criteria, which require that the request not be based on actions taken by the applicant; not deprive the applicant of rights and privileges already enjoyed by other properties in the same zoning district; be in harmony with the general intent and purpose of City regulations, and not be detrimental nor injudous to the area and public welfare. According to the applicant's response to the above criteria, as contained in Exhibit "D", other property owners in the neighborhood have been allowed the privilege of reduced lot size. The applicant therefore feels that he is also entitled to the same privilege, and therefore has provided a plan depicting a proposed (approximately) 1,900 square foot residence for the subject 7,300 square-foot lot (see Exhibit "C" - survey). The applicant has also stated that the requested variance would allow development of a parcel that is consistent with other lots in the surrounding neighborhood. Furthermore, as per the applicant, the proposed structure will be harmonious with both the typical size and architectural style of other new houses in the area, therefore, minimizing negative or injurious impacts to the neighborhood. Page 3 File No. ZNCV 01-016 City records and on-site inspections of the neighborhood; have verified that several similar variances for lot area have been granted within close'proximity to the subject property. City records indicate that a total of fifteen 15) ~erties Within the Cherry Hills SubdMsion ha~e been the subject of f for rear or side setbacks, but five, non- ~e applica es to the applicant. nt regulations in 1975 mini )s and non-conformities for owners: of older platted lots. The applicant has made a good faith effort to comply with the combining portions of several lots to meet the agrees that the applicant has demonstrated that approval of this request is the minimum that will make possible a reasonable use of the property. CONCLUSIONS/RECOMMENDATION BaSed on the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condit on exists, and that the applicant has'made a reasonable attempt to bring the sub'ect parcel into conformance with current regu ations Furthermore, staff concludes that the approval of this request will support affordable housing goals of the City s Infill Program; wdl increase the property values of the neighborhood; de(~.~aSe unsightly conditions; a~d beautify the streetscape. Therefore, staff recommends that the requested variance be approVed, thereby granting the rel ef necessary to allow the construction of a single-family home on a non-conforming lot with 7,200 square-feet in lieu of the 7,500 square-feet required bY Code; No co nditions of approval are recommended; however, any conditions of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F". MR/ad S:\Planning~SHARED',WP~=ROJECTS\Chen3/Hill Lot 64'~STAFF REPORT.doc LOCATION MAP Cherry Hills- 64-65-66 EXHIBIT "A" 1 I/8 MI '-~ 400.:800 FEET ·, ?_/~.,_~v ~, ~e~r. _. SURVEY. o C EXHIBIT "D" A. The Cit~ c The the City slum increasing the: given two uires vacant properties. qualified to participate in the , in the neighborhood, one whoIe meets 1 ofN. W. 9th Avenue with 1~ being the exception, Ail of which means that 'all of the inside 60 feet RIA requirement. This parcels from being readily neighborhood. in the 500 block 'the block are 120 feet deep do not comply With the 7;500 square created a barrier that prevents the · in a manner consistent with the surrounding B: The platting, development ~tnd construction of other homes in the community was performed by others over a long period of time. The city has recently installed sewers and is working as a facilitator to complete the community. C. There is no special privilege or particular benefit to building on a lot size consistent with as-builts in the immediately surrounding area. D. There currently exists three developed properties on the same block that have least 240 square feet less than the subject property and three developed properties with the same (60 feet x 120 feet) 7,200 square feet. The rights of home ownership enjoyed by those property owners should be no greater than the rights of these first time homebuyers. E. The proposed homes exceed the minimum requirement ote 1,250 square feet, meet'ail of the existing set-back requirements, will not cover more than 40% of the lot and the parcels meet the required 60 feet road fi'ontage. The m~al 300 square feet variance is shared by other ex/sting homes on the block and is all that is required to build on these parcels. F. The granting of the variance does not affect the size of the home, required setbacks or the character of the neighborhood. It does eliminate vacant land, creates affordable housing, makes a positive imp.act on the community and increases the value of the surrounding-homes. . S.F.W.M. VARIANCES 3~o PROPERTY EXHIBIT "F" Conditions of Approval Lots 64, 65, 66 and 67 (pOrtions), Cherry Hffis Subdivision DEPARTMENTS , ' , , ,' INCLUDE REJECT, pUBLIC WORKS ' NO Comments: NE X UTILITIES Comments:NONE X FnLE Comments: NONE , X POLICE - Comments: NONE X ENGINEERING DIVISION Comments: NONE X D U I.I_A.JIIN 1,.,1 a Comments: NONE RECREATION PARKS AND Comments: NONE ' X FORESTER/ENVIRONMENTALIST NONE · Comments: X PLANNING AND ZONING ' i · X Comments: NONE ADDITIONAL COMMUNITY REDEVELOPMENT- BOARD CONDITIONS Comments:' NONE · X ADDITIONAL CITY coMMIssIoN CONDITIONs , Comments: To be determined., ' MWR/pat S:'~OLANNING~SHARED\WFAPROJECTS~CHERRY HILL LOT, 64\CONDITIONS OF APPROVAL. ZONING CODE VARIANCE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 64, 65, 66 and 67 (portions) Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21, 2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South side of NW 9th Avenue, between NW 4th Street and NW 5~ Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of-the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP~PROJECTS~CHERRY HILL LOT 64'~DEVELOPMENT ORDER. DOC Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 200l (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, 2001 (5:00 p.m.) [] Administrative [] Development Plans r [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "sole source" purchase of a Reverse 9-1-1 Emergency Notification System from Dialogic Communications Corporation in the amount of $46,000.00. EXPLANATION: This advanced system of autOmated telephone notification will supply a system that can provide direct t~lephone notification of disaster information to selected households and businesses in the City. The selection of this vendor allows our reverse 9-1-1 system to interface with the other similar local agency systems. Having the ability lo link with these other reverse 9-1-1 systems will allow Us to Utilize additional phone lines. This increase in availal~le phone lines will dramatically increase the speed (calls per minute) and scope of critical emergency notific~tions. The Dialogic Communications Corporation system is the common vendor used by all the governmental entities with the emergency notification system within Palm Beach County. PROG~ IMPACT: The Reverse 9-1,1 Emergency Notification System will allow for immediate emergency notification to selected homes and businesses in the event of an emergency that requires rapid dissemination of critical information, i.e. evaluation notices, hazardous material releases, dangerous conditions, etc. / FISCAL IMPACT: This purchase is being fully funded through the State of Florida, Department of Community Affalrsl Emergency Management Preparedness and Assistance Program, Agreement g02CP-04-10-60-02-203. The City h~s committed $2,000 of in-kind personnel costs to assist in the installation and the public relations program to educat6 the community about this system. Depmiment Name~ I - ~ity Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Fire Department Memorandum 01-052 ro~ From: Date: Re: Wm. Atkins Deputy Chief J. Ne~ July 26, 2001 Agenda request - Reverse 9-1-1 Pursuant to our grant award from the Florida Department of Community Affairs for the purchase of our reverse 9-1-1 system, I am providing the following information. The purchase of our reverse 9-1-1 system is being driven by two priorities; Our need to provide a system for the rapid dissemination of critical disaster information to a large number of selected citizens and visitors of the City of Boynton Beach. To insure that our system of emergency information dissemination is consistent with other high speed notification systems within Palm Beach County. By utilizing a common system, the number of phone lines available, and hence the number of emergency contacts per minute, will be increased. This commonality of equipment and systems will allow the city to increase the number of phone lines available for emergency notification from 16 to 108. Over the past several months our department has participated in numerous meetings with other cities and agencies regarding the common emergency notification needs of those cities, as well as the Palm Beach County Division of Emergency Management. Included in those meetings were representatives from the city's Communications Division, GIS and ITS. A consensus was reached that each city/agency would cooperate by making their respective reverse 9-1-1 phone lines available to each other, should a local disaster require emergency notification beyond the capabilities of a single agency. Cities and agencies currently in agreement are the Palm Beach County Sheriffs Department, West Palm Beach, Highland Beach, Boca Raton, Lake Worth, Lake Park and the Palm Beach County Division of Emergency Management. This consensus requires the purchase of the Dialogic system due to the need for compatibility of the shared resources between agencies. Given our needs and the ability to expand our capabilities by networking with these other agencies, I am moving forward with our reverse 9-1-1 purchase. Attach~d are several letters from various agencies that have purchased systems from Dialogic Communications based upon these same requirements. I am requesting approval to proceed with our purchase from Dialogic based upon the attached quote. Attachments JUL-1G-~001 15:52 PBC EMERGENCY MANAGEMENT 1 561 712 G~G4 P.O1 Dzparm~eac o~ ~bl~ ~ 20 $. blllitary ~ West Palm Beach. FL ~3415 (561) 712.6400 [~3c (561) 712.6464 www. pbcgov, com ~ ~ County Board o~ County Commis~ione~ W'~rren i-L Neweli, Chairman ~-~,aro! ~c Roberr_~ Vice Cha/r Karen T. Mar~us Mary McCa~cy ~urt Aaron$on Tony Addle L. Greene County Administrator Robert Weisman Suly 16, 2001 Chief Jim Ness Boynton Beach Fire Rescue I00 E. Boynton Beach Boulevard Boynton Beach, Fl 33435 Dear Chief Ness: This letter is to inform you of Palm Beach County D/vision of £mergcncy Managcment"s intention to sole-source our emergency notification system with Dialogic Communications COrporation. The primary reason for this action is to interface the PBSO's 24-line Dialogic Comnmnicaor System which is already in place in our EOC Please keep in mind that the Palm Beach County Purchasing Deparm~nt has the final say and the purchasing process is not yet completed. However, I have been advised by Purchasing personnel that this would be vi~ved as an expansion of our cun'~nt system which is in plac~ in our EOC and, as such, is appropriate to sole-source with Dialogic Communications Corporation.' If you have any questions please don't hesitate to call. Wayne H~ Operations Manag WH/rge Attachments 2 c: file J:qu,cm=s & M~aos\W.ay~ Hffmao/iJim N~s,s) ,.~iG,5ourcc Notificag0n $yslcm. do~ JL~_-16-2~i 15:52 PBC EMERGENCY MANET i 561 712 ~4 P.02 ]~DWARD W. ~LUCH, S~R~FF LT. PAT LYNCH 3228 ~n Oub R~ - P,O, B~ 2468~ ~t Pa~ ~, ~o~a 3~1~81 (~1) ~88-30~ - ~P~,~o.o~ Director William O'Brien Palm Beach County Division of Emergency Management 20 South Military Trail West Palm Beach, FL 33406 May 31, 2001 Dear Director: I understand that the Palm Beach County Division of Emergency Management, as well as certain municipalities, is planning to purchase a telephone notification system for use in emergenc3/notifications and staff contacts. Your attempts to coordinate the purchasing efforts of those cities that plan to purchase such a system, if successful, will provide a system with far greater flexibility and utility than if each jurisdiction purchases a system from a different vendor. As is often the case, sharing resources Will provide increased service.at a significant cost sevings tO the taxpayer. The Sheriff's Office currently utilizes a Diaiogic Communicator system. It is a 24 line system and can be utilized for community emergency notifications using Geonotify. Because of the population of the County, notifying a large segment of the County will take some time. Obviously, the more telephone lines that can be added to the system, the less time it will take to warn our citizens of potentially harmful events. Another 0pport~nity to further the partnership between our two agencies immediately arises~ ! would like to offer you the use of our telephone lines, provided you purchase a Dialogic Communicator system. If you purchase a Dialogic system, we will have the ability to share our resources with Emergency Management and allow for a more efficient and effective utilization of the products. Due to the risk of causing harm to our system due to compatibility issues, I cannot make this offer if you chose another vendor. I applaud your efforts to coordinate with the other jurisdictions in the purchase of your system. Hopefully, we can all reap the benefits sharing a central system will provide. If I can provide any information as to the details of sharing systems, or any other issue, .please feel free to let me know. Lt. Pat Lynch JUL-16-~881 15: PBC EMERGEh~Sy M~NAGENENT 561 712 P. 03 We.d.~eS~y, ~l-25, 2001 Wayne I. i-[irmant Palm Beaefi Courity, Board of County Commissioners Departrn~nt olrPublic Safety, D/v/S/on of Emergency Management 20 South Military Trail West Palm Beack FL 33415 Dear Palm Beach County Sheriff's Department mmen. tly has a 24-line Dialo~c Communicator system t~a[ ~ l~..en in operat/o~ for 2 yeats. The only way for the Palm Beach Cotmly EMA to ~pand and interface ctirectly with the SheriffDeparlm~t'~ existing Dialogic system woald be for the EMA to purchase g~e same system. Num~ous other counties in Flor/da like Poll: Courttv Sheriff and EOC, Brevard County Sheriff and EOC and Mafions Cotmty SheriS:and ~-OC have purchased the Dhlog/c system h~ this same way. If you bari., arty questions or need further information, p/ease do not hesitate to contact me at 800.723.3207 ext. 3947. Linda Evers Reg/oml Account Manager ~00.723.3;~07 - 6:ifi. TgO.2982 · Fax: 615.79q. 1329 · dccusa.com 07/20/2001 14:40 -6157981329 DCC TENNESSEE Date: 4r'--5/200! Buyer: OD Using Department: MANAT-E COUNTY PURCHA$'NG WRITTEN DET~ATION FOR SOLE SOURCE: PROCUREM£1~/T CONTROl, t~0.: Public Safety Authority is requested to makc the following purchase under the provisions of the Procurement Code, Manatee County, Florida, Article 3, Source Selection and Contract Formation, Paragraph 3-105, Sole Source Procurement, Description: High Speed Notifi¢~ion Systgm (Dialogic Communicator) Account l~umber:. Requisition' Number:. Price: ~3,300.00 Vendor Name: Dia/og~c Communi¢~ions Corp PAGE Conditions/Cii~cumstances of this Non-Competitive Purchase as a SOLE SOURC"~: Proven success ~d compatibility are the foundation of r. his purchase being considered a sole SOurce. Reciproci~ of local counties with oompatible equipm~ng includes Public Safety agencies of Sarasoteg Hernando, Polk arid HillsborOugh (Tampa Port Authority). ConQnued on page two. 02/03 2712 I, the undersigned, certify ~e above to be true and correct to the best of my knowledge and belief. auye~r,~ .~ Contrnct & Buyer .,'Vfana~er Date List of attachments: Dfalogi~ proposal Purchasing Manager Date 07/20/200i i4:40 -6i5790i329 DCC TENNESSEE PAGE 03/03 :Sole Soun:~ ~2712 Page two TURNKEY NOTIFICATION SOLUTION PROPOSAL Prepared for: City of Boynton City July 20, 2001 The Leading Provider of A utom ated Notification SOlutions Linda Evers Dialogic Communications Corporation 381 Riverside Drive Suite 300 Franklin, TN 37064 800-723-3207 (3947) Proposal for City of Boynton Beach July 26, 2001 TM The Commumcato Integrated Paging (Alpha/Digital) Remote Telephone Activation Intelligent Scenario Kit Key Function Wizards On-Line Help Data Import/Export Capability Dynamic Group Capability Resource Management Tools Automatic Report Distribution Answering Machine Detection/Message Control Multi-level Security Control PC Anywhere® Communications Software Microsoft® Operating System Pre-Installation Set-up 6eoNotif lTM Map Appearance Controls Off-Site Geo-Coding Multi-Pattern Geo Selection Map/Data Layer Control Symbol Selection Tool Map Point Labeling Tool Data Accommodation Flexibility Find/Edit Map Points Map Contents Labeling Scale Bar Measure Tool Display Scale Control Message Repeat Duplicate Number Removal On-Line Help Phone Line Expansion (16 Ports) Elderly C.A.R.E Software Fax Blasting/Fax on Demand 4 lines Community Bulletin Board Implementation Consultation -User Kit One Year 24/7 Support - Premium Level Four mapping/telephone data updates TOTAL SOFTWARE SOULTION On-Site Training/Installation (2days) Hardware Package (includes printer, PC, modem,) $38,500. $3,000. $4,500~ Offgite Bank of55}00 phone~litiez :at DCC Offices No Charge Within 1 year up to 5000 calls FREE at NO Charge- FREE TOTAL $46,000. Support Extension (per year): (Support included for first year) $38,500 x. 12 - $4,620 software support Mapping Updates The 'fo~l~g NO '~ $500 per update are hqcluded?~ ~:Of~':~ at · Elderly C.A.R.E. software Fax Blasting · Fax on Demand · Scanner/printer for Faxing · Community Bulletin Board · On Site Training/Installation · Off Site Backup using 50 phone lines at DCC Office · 5000 FREE CALLS at NO CHARGE within 1 year- Off Site Backup · One Year 24/7 Support · Hardware Package (see attached Specifications) · 4-4 port talker cards · Free DCC Seminars in Florida that will conducted on an annual basis · User Kit · Four quarterly updates of telephone/mapping data base included in the price of the system for the first year Hardware Specifications Dialogic Communications Corporation CT Server Mid-Tower Solution Industry Standard Mid--tower case with 230W power supply and case fan ISO-9001 registered design and manUfacturing Active Motherboard utilizing an Intel Pentium III Flip Chip processor ~ 700MHz Intel® 440BX AGP chipset Award BIOS, Win® 95/98 Plug and Play compatible ? Exp~sion slots; 5 'full length ISA slot, 1 Shared ISA/PCI, and 1 PCI slot On-board SVGA Intel 69000 video controller 2MB SDRAM Video memory Resolution up to 1280 x 1024 Integrated I/O Two NS 16C550A-compatible high speed UARTs One SPP/ECP/EPP parallel port Two USB pons 256MB PC100 memory, 256kB on processor module s 16 bit PCI Sound Blaster (2) 20.5MB EIDE 3.5I' Floppy disk drive Sony 8X read, 4X RW CDROM, CD-CRX145E 104 PS/2 keyboard Microsoft PS/2 mouse controller for Drive Imaging 15' 2- USR external modems with interconnect cables Headset with Microphone Windows NT Workstation ver. 4.0 SP5 Warranty: 12 months i year On-site hardware maintenance (Additional Years of On-site Support is Available Year 2 and Year 3 are $425.00 each) The above proposal is a turn-key solution for an Automated Notification System for Community Notification for Boynton Beach SoUrce. The reciprocity of all the Palm Beach County is the ',on Sole Source. Boynton BeaCh will be able interface with the following systems in Palm Beach: Palm Beach Sheriff Office Lake Worth Fire Department Highland Beach PD 24 line System 12 line System 8 line System Palm Beach EOC and City of West Palm will be purchasing by Sole Source a 48 line DCC system. This compatibility feature is how numerous other counties within the State of Florida have also purchased the DCC system by Sole Source. Counties like: Polk County Sheriff and EOC, Brevard County Sheriff and EOC, Marion County Sheriff and EOC, Manatee County and Sarasota County all used the reciprocity feature to purchase DCC's Communicator. The compatibility of systems enables each of the above agencies to "nest" a copy of data to be used to support and be supported by any neighboring agencies. VI.-CONSENT AG EN DA ITEM G CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNi 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 [] September4,2001 August22,2001 (5:00p.m.) [] November6,2001 Date Final Form Must be Turned in to Cit~ 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 ~l I Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To authorize expenditure from the City's Community reinvestment funds and the cr~ Neighborhood Service's grant program for the purpose of expending up to $7,500 to make landscaping improvements on the existing north right-of-way,located along the north side Of Woolbright Road east of Interstate 95. EXPLANATION:The City is proposing to improve the existing north right-of-way of Woolbright Road. The approximate limits of improvements will be a 20 foot wide by 430 foot long area between the existing sidewalk and existing property fence. PROGRAM IMPACT: This project will allow the Neighborhhood Services office to complete this landscaping project in conjunction with Commisssioner neighborhood reinvestment program partipation. FISCAL IMPACT: Funds to complete the project are coming from the City Commission's Neighborhood Reinvestment Funds 001-2417-559.63-90 and the Neighborhood Specialist's Grants Program account number 302- 1211-512.63-34. ALTERNATIVES: Without using these funds a major entryway into the City of Boynton Beach would not be landsca~e~d and detex~from the i~.mage we would like for our community. '1 Department Head's Signature C~ty Manager's Signature DepaFmlent Name City Attorney / Finance / Human Resources S 5BULLETINWORMS"e~.GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Parks Department 100 E. Boynton Beach Blvd. _ P.b. BOX 310 Boyntol:l Beach, Florida 33425-0310 (561) 742-6223 FAX: (561) 742-6254 Email: turnern@ci.boynton-beach.fl.us August 7, 2001 TO: Dan DeCarlo Neighborhood Specialist FROM: Norm Turner Crew Supervisor RE: Proposal to improve site with new landscape and irrigation Location: Woolbright Boulevard north right of way / east of T-95 north on-ramp The City of Boynton Beach is proposing to improve the existing north right of way, located along the north side of Woolbdght road. The approximate limits of improvement will be a 20-ft wide x 430-ft lenqth area. The width of the area is north of the sidewalk to the existing property fence. The length of the-area begins just east of the ]:-95 north on ramp and heads east for 430 ft. The City will clear area of existing grass then install new irrigation and landscape. The City will fund the cost of approximately $7,500 dollars for the new irrigation, landscaping and sign. ]: have attached a drawing of the area. The breakdown of the cost is as follows: 1.) Clearing areas: $200 2.) Irrigation: $2800 3.) Plantings along fence: $1500 4.) Grass (St. Augustine sod) $2500 5.) City of Boynton Beach Sign $500 It is my understanding that this is a project for Commissioner Ferguson to be funded from his Community Reinvestment funds and your CIP account totalling $7,500. $6,000 would come from his account and $1,500 from your funds. Please call if you have any questions. Thank you for your cooperation. Cc: .lohn Wildner .4merica 's ~ateway to the ~;u/fstfeam ~ AUS-9?-200S TUE ~z'8(o:. P~ FE0~:C[TY OF 8OYFITON BEACH t~:56~742f254 F,,~E i ,/ SOUll~ W~I'~RD I I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORII Requested City Date Final Form Must be Requested City Comm ss on Meetin.q Turned in to City Clerk's Commission Meetin(~ Dates Dates Office VZ.-CONSENT AGENDA TTEM H. 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.) [] October 2, 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.) [] September4, 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 c:~ ~-~ [] Public Hearing [] Legal :=,- ~.~ [] Bids [] Unfinished Business ~') ~-~ '~ [] Announcement [] Presentation c~ ~_~ [] City Manager's Report ~ o~ RECOMMENDATION: Staff recommends Commission approval of Community Dev,t~e~,~pr~ Block Grant (CDBG) funds '"" ~ in the amount of $50,000, with match funds from Palm Beach Ceunt~;,~l~ awarded to Barry A. Frankel & Associates, P. A., for the purpose of acquiring modem optomet~ equipment and to renovate the interior of 540 E. Woolbright Road. This award will be subject to final approval of additional CDBG funds to be awarded by the Palm 'Beach County Board of County Commissioners. EXPLANATION: At the direction of the County Commission, Palm Beach Housing and Community Development has allocated a portion of it's Community Development Block Grant funds to be used as Economic Development Incentives for businesses throughout the county. They are allowing business owners that are located in entitled jurisdictions to participate in this program with the provision that the municipality match funds up to $100,000. PROGRAM IMPACT: Mr. Frankel has purchased this optometry business which is located within the CRA, and plans to create 11 jobs for Iow and moderate income individuals. The company intends to provide discounted cost for services and product to its customers. FISCAL IMPACT: Assisting this business will aid in the creation and retention of $254,000 in Iow and moderate income jobs. ALTERNATIVES: Not to fund this project. D el~'~'~r~(~r~t ' H~J'§ S ~]n~ltu re Depa~ment of~velopment Division of Communi~ Redevelopment Department Name city'Manager's Signature City Attorney / Finance / Human Resources PALM BEACH COUNTY HOUSING AND COMMU2VITY DEVELOPMI~NT Phone: (561) 233-3616 for assistance "APPLICATION MUST BE TYPED" Due: 5:00 p.m. Au~t 24, 2001 I I I I 1 I I I I I I APPLICAff~F INFORMATION Name of Business/Organization/Municipality: Federal Tax I.D. Number (if applicable): Type of Ownership (Businesses Only): Name of Contact Person: Tide: Address: City; State; Zip Code: Area Code and Telephone: Print Name and Title of Person Signing: Signature: .~,, ~ Barry A. Frankel & Associates, P.A. 65-0998358 S Corporation Barry A. Frankel President / Owner 540 E. Woolbright Rd. Boynton Beach, FL 33435 (561) 734-2972 Barry A. Frankel Date: -2- I l 1 l 'H. ACTIVITY AND PROJECT [NFO~~ON In this application, the word activity denotes the action(s) for which you are requesting CDBG funds. The four eligible activities are listed below. The word project .denotes the expansion in your business or other si~maificant change that you are seeking to accomplish with various sources of funding. Clbe activity must be located in or adjacent to a Development Region. Maps depicting these regions may be viewed at HCD.) Activity Address: 540 E. Woolbright Rd., Boynton Beach, FL '33435 Property Control Number(s): 08-43-45-33-00-000-1010 3. OwnerofPrope~y: Chula Vista Properties 4. Owller'sAddress: c/o Cushman & Wakefield of Florida, Inc. 601 Brickell Key Drive, Ste. 600 Miami, FL 33131 5. Owner's Telephone Number: (305) 371-4411 (Please attach two maps showing the location of your activity. One should be a street map and the other a plat map showing block and lot numbers). t 1 [ PROJECT/ACTMTY DESCRIPTION 1. Proposed' activity start date: February 1, 2002 2. Estimated activity completion date: June 30, 2003 3. Activity Type Acquisition of real property X Improvements to structures Acquisition of equipment x (excluding vehicles) New construction 4. Please describe in detail the activity for which you are requesting CDBG funds: The Company is requesting funds for the purposes of acquiring modern optometric equipment and to renovate the interior of the store to provide better care and surroundings for its pa. tients. The optometric equipment, furniture, fixtures, plumbing, etc. is quited dated The Company wishes to update its facilities to modernize its retail store and also to have quality optometric equipment available to perform accurate eye exams. (continued) (Continued) Most of the low to ~moderate income earners, most ~of whOm have no health/vision insurance. The Company wants to continue ito p~ovide discounted costs to its customers. Therefore CBI ~ to assist in these activities so that the Company the costs to its customers. i I I 1 -5. Please describe the overall project in detail and how this activity fits into it The overall project is for the Company to purchase equipment and renovate the store to increase patient volume and to have the tools in place for a more effective'and efficient eye exam. The Company wants assistance in accomplishing these goals so that the Company is not forced to eliminate jobs to cover its additional capital expenditures. Furthermore, the Company wants to continue to offer the best available service at a discounted price to its lower income earning customers. PleaSe describe your existing operation aS it relates to this project. Include the total number of employees and the number of employees by function, e.g. management, production, sales,' support staff. The existing operation as it relates to this project consists of ten employees. Of the ten employees, three employees are a part of management, four employees are a part of the sales function and three employees are part of the support function. Note that due to the fact that this is a small business, certain positions tend to overlap. Moreover, the existing operation ~s it relates to the facilities consists of optical equipment that is approximately fifteen years old'~ For example, new sinks need to be installed to facilitate the exam process and new lighting is necessary. In general, the interior of the store needs overall improvement. PROJECT/ACTMTY COST SUMMARY AND FUNDING Please state the overall project cost: $291,200 Please indicate the municipality's matching contribution (if applicable): 8 0., 0 0 0 (For activities located in an Entitlement Municipality (i:e. West Palm Beach, Boynton Beach, Delray Beach, and Boca Raton) the municipality or its CRA must provide dollar for dollar cash match to the mount of CDBG funding awarded.) ..Please indicate the sources and uses of funds for the prqiect on the following table. The sources. other than CDBG, are 3'our levera~ing contribution. -4- , -O- ~Glty/~K..~mos-~ . ~ Feb., 2002:80,000 so, ooo umereqm[~.~jj- (Homo equiey l~an Fob. 2002 100~000 pe~sona~ ~o~n ~o Company Feb. 2002 · : 30,000 Ve~O~ ~inanctnq (Zorn) , Feb 2002 50,000 To~ S°~cs Acq~sition ofm~ prop~ Co~cdon of new s~c~c Rcnova6on of C~s~g s~c~c ~cMtcc~ desi~ Impact fees O~er so~ M~ne~ ~d eq~pment (specie) - ' 1 O~er To~ Uses ~, ~ ~.~. ~. , ....... 291 ~ 200 : applicants must leverage requested CDBG funds through cash, eqUity, or real property. Proof of the availability of the levera~in~ resources must be provided o Please state the total activity cost: Please state the mount of CDBG funds you are requesting: -5- 291,200 80¢000 ! I I I I I I I Please provide a detailed budget of the proposed use of CDBG funds. (SEE ATTACHED NEXT PAGE) Calculate the amount of CDBG funds to be used per job that will be created/retained: (CRA Funds: $15,000) Will the activity cause temporary or permanent displacement of persons or existing businesses'~ Yes No x N/A (NOTE 1: An activity will cause displacement if the property is' occupied by owners or tenants at the time this application is submitted.) (NOTE 2:the Anyi'n, ,~,,,activity which may cause displacement of residents and/or bttsines.se.q..~h~ll provide prior to award of --..o..,~,~ any contract: a) a relocation plan meeting all requirements, of 24 CFR 570.606, as amended.. This plan shall be certified by a consultant certified by HUD, or an agency of HUD as meeting all legal requirements; b) adocument legally binding, the grant awardee to place in the project budget sufficient funds to fully implement-the relocation plan; c) an executed indemnification and hold harmless agreement to protect the County against any and all costs incurred for the displacement and relocation businesses affected by the activity.) of' persons or If'~eys," please specify the nature of the displacement and describe plans for relocation, if any: OBJECTIVES TO BE ACI-HI~,VED Please list reasonable objectives to be accomplished by the activity (e.g. square feet of space, number and type of equipment, linear feet of water main, etc). SEE ATTACHED NEXT PAGE) Unit of Measuremen~ -6- I I I I I I I I I I I I I I I I ! COMMUNIT'f Note: Barry A. Frankel &Associates, P.A.. h (Boynton Beach). Bo $80,000 in grants. As requested via CDBG ~t Community ofr CBDG FUNDS: Des..~.~Efion Total Q -.Price WECO 230 pattemless edger 115V w/monitor 1 121600 12:600 Trace 1-3d Manual Tracer 1 4,000 4,000 I 4.690 4,890 CAD II Blocker 1 80,000 Surfacing Machine 2 5,495 10,990 Lane of Equipment 2 3,850 7,700 Vision Testers 2 3,795 7,590 Slit Lamp 3 1,225 3,675 Tonometers Chart. Projector 2 2,295 4,590 Electric NCT machine 1 6.990 6,990 Wheelchair Accessible Table 1 2,295 2,295 Instrument Table 1 150 150 Auto Refractor 1 10,995 10,995 Computer 3 1,750 5,250 Total CBDG Funds requested 161,515. CRA (Matching) Funds: Phone System 1 3,174 3,174 Air Conditioner units 4 4,000 16,000 Lighting 1 15,000 15,000 Tile Floor 1 10.000 10,000 Sink/Plumbing 3 6,667 20,001 Painting 1 5,000 5,000 Security System I 1,500 1,500 Wall Bracket 2 140 280 Stools 2 199 398 Pamphlet Pocket I 202 202 Magazine/Pamphlet packet 1 205 205 Chairs 40 175 7,000 Desks 3 519 1.557 Total CRA Funds Requested $80,317 Please note that the Company's primary concern is the purchase of new equipment'for the store to perform more accurate and efficient eye exams. However, renovation of the store is necessary to make the space more efficient for the doctor and the optical sales representatives. 1 I I I I I' I I' I I I I [ BARRY A.: FRANKEL & ASSOCIATES, P.A. OBJECTIVES TO BE ACHIEVED COMMUNITY DEVELOPMENT BLOCK GRANT & MATCHING FUNDS Proposed Objectives Unit of Measurement WECO 2.30 patternless edger 115V w/monitor 1 Trace 1-3d Manual Tracer 1 CAD II Blocker 1 Surfacln9 Machine 1 Lane o~ Equipment 2 Vision Testers 2 Slit Lamp 2 Tonom~eters 3 ' Chart ~roiector 2 Electric NCT machine 1 , Wheel(~hair Accessible Table 1 I Instrument Table 1 , Auto Refractor~ 1 Compqter 3i Phone System 1 Air Cor~ditioner units 4 Lightin~ 4,500 sq. ft. Tile FIc~or 4,500 sq. ft. Sink/Plumbin9 3 Paintin~ 2,250 sq. ft. Securi~ System 1 Wall Bracket 2 Stools 2 Pamphlet Pocket 1 Magazine/Pamphlet packet 1 Chairs 40 Desks 3 Fe o JOB CREATION/RETENTION AND TRAINING Total number of FTE jobs to be created from funding of this activity: 10 (NOTE: Jobs must be permanent and created by you the applicant. Do not count construction jobs to complete the activity.) Total number of FTEjobs to be retained from funding ofthis activity: 2 (NOTE: Job retention means that permanent jobs would actually be lost if CDBG funds were not awarded. Documentation must be provided.) Number of low- and moderate-income jobs to be created/retained: 11 For activities located within an entitlement municipality (West Palm Beach, Boca Raton, Delray Beach and Boynton Beach), please indicate what percentage of the jobs created will be made available to persons from the Palm Beach County entitlement jurisdiction: 10 0 % Will the activity provide jobs predominantly for low-skilled, low/moderate-income persons, where the business agrees to provide clear opportunities for promotion? Yes x No Please complete the table below for jobs to be created/retained. Indicate (C) for created and (R) for retained. (Use additional sheets if necessary.) -7- ! I: ! '7. If you axe claiming to retain jobs, please describe your plans t6 ensure that jobs currently occupied by persons who are not of low-and moderate- income will be available to low- and moderate-income persons upon becoming vacant.. ! ! Jobs currently occupied by persons who are not of low and moderate income Witl be available to low and moderate income persons. The Company will seek persons to obtain these jobs by posting job listihgS on. the County's Workforce Development BOard and advertise in the Palm Beach Post. 8. Please describe the training opportunities that are available or will be available to employees, and indicate the positions to be filled by persons undergoing such Ixaining. Training will be available to all new employees and will be administered by a senior associate. Training programs last for approximately two weeks and the l'type of training is dependent on the position that the employee was hired to do. For example, receptionists/office clerks will be trained to set appointments and bo handle to computer software. Optical sales personnel (Representatives, ~chniciSns and Opticians) will be trained on how to perform proper eye =asurements and how to fabricate and grind lenses. Furthermore, Optometric '£echnicians and Opticians will be. trained on how to use the optometric Iequipment and to fit people for contact lenses. The Insurance Administrator and Inventory Control Specialist will be trained on how to handle their respective. duties. IAll employees will be adequately trained to ensure that the store's operations run smoothly and that patients are satisfied with their service. LAND ACQUISITION, NEW CONSTRUCTION, REHABILITATION, DEMOLITION A~_~licants whose activities incl_ude land aequisition~ with or without demolition, and/or ne:v construction must complete this section: Is the parcel of land vacant? Yes. No N/A ~c If "no", indicate existing use of the site: ! ! bo Is the pm-eel of land suitable for construction? If "no", please explain: Does the parcel of land require pun:base of fill material? If "yes", please explain: Yes No N/A x Yes No N/A x ! I I I I I I do Has an app~ been conducted? If 'y s, please in.sen figure and attach the report: Yes No N/A x Activities involving acquisition, rehabilitation, Or demolition of structure(s), p!e~e complete' Is the stru~ vacant? Yes__ No __ N/A x If "yes", indicate previous use of structure: If"no", indicate existing use of structure: Year structure was built:... Describe the condition of the building (structure, materials, appliances, air conditioning, well/septic tanks, and other relevant information): I I I l I 1 I I do Has an appraisal been conducted? If'`yes", please insert figure and attach the report: Yes No N/A x 3. Activities defined in "1" and ','2" above, please complete: a. Has site COntrol been Obtained? yes No N/A x If "yes", documentation (e.g., sales contract, deed, etc.) showing site COntrol must be attached. b. Is there a lien on the property? Yes No N/A x c. Are public water and sewer available? Yes No N/A __X. d. Are taxes on the property current? Yes No N/A x e. Is your agency exempt from paying real estate taxes? Yes No ' N/A x f. Is the property currently mortgaged? Yes No N/A g. Doesthe activity comply with zoning/land use designations? Yes No N/A x NOTE: Activities located in municipalities must attach a letter from the Planning/Zoning Department of the municipality documenting compliance with zoning and land use designations. - I0- Hm LICENCES AND MAINTENANCE Is a licence (other than an occupational license) required to operate your business? Yes x No - If Yes; existing businesses should attach a copy of the current licence; new businesses should indicate the timetable to acquire a licence. I I I I I I ! I Please explain the steps to be taken to ensure the maintenance of plant and equipment funded with CDBG funds. (A letter certi~ing the organization's commitment to maintenan_ce must be attached]. The management of the Company ensures that the optometric equipment will be safeguarded from damage at all times. The equipment will be tested each day to make certain that it is in top working order. Furthermore, the Company will have the optometric equipment serviced by specialized contractors on an as-needed basis. Lastly, t-he Company has the appropriate amount of liability insurance to cover the equipment from damage. HI. LEGAL STATUS The following documentation must be submitted with the application as it applies to your agency. Please identify the type of agency requesting funding. A. Municipalities: B. County Departments: Explain how the activity(s) will assist in mee~qg Palm Beach County Comprehensive Plan and local economic development plans: I x C. Other Agencies or Organi:,ation.~ Sole Proprietorship Partnership × Incorporated Business Community Redevelopment Agency (CRA) -11- 11. ! ! ! ! I I I I I ! I 1 I I ! The above listed entities must submit the following, wher~ applicable: eo By-Laws and Articles of Incorporation '.if a new business, personal tax returns for REQUIRED ATTACFIMENTS See the following page for a list of attachments. -12- Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July5,2001 (5:00p.m.) [] September 19,2001 September 5, 2001 (5:00 p.m.) July 18; 2001 (5:00 p~m.) [] October 2, 2001 August8,2001 (500p,m.) [] Oetoberl6,2001 Oetober 3, 2001(5:00 p~) August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 [] Admhaistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report September 20, 2001 (5:00 p.m.) RECOMMENDATION: Motion to authorize the purchase of a Kip America 2900 Digital Reprographic Copier system !rom Wood Bu,siness Products, Inc. of Lake Worth, Florida in the amount of $27,815.00 by piggy-backing a purchase previously made by the City of West Palm Beach, Florida. EXPLANATION: Currently, the City does not have a large, electronic (digital) copier that can be used for the reproduction of plans and drawings. Even though we do not have such a copier, we still need to c~'..eate significant numbers of large, electronic drawings. Therefore, we outsource that activity and end up spending considerable sums of money and we have to wait, sometimes many days, to get the copies back from the service provider. The purchase of this e-Size copier will allow us to reduce our overall costs and eliminate significant wait time. PROGRAM IMPACT: Purchase of this copier will allow many different departments to use it. As you can see from the attached correspondence, not only will the Engineering Department use the machine, but it will also be used by the Development Department, the Parks Department and the City Clerk's office. To that end, many of these departments are willing to share in the cost of consumable materials. $:~BUI~LET'R~FoRMs~OENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ~EM<REQUEST FORM FISCAL IMPACT: This purchase is being made via the use of a "piggy-back" contract with the City of West Palm Beach. The account number to be used for this purchase is 001-2413-524.64-02. In addition, we are recommending the purchase of a maintenance service plan. The machine itself has a full "warranty", however, we want the manufacturer's rep. to be responsible for the service maintenance of the machine. The only ~service? maintenance that is included in the purchase price is for the first 30 days. After that, we would be on our own. To that end, we want to purchase the service maintenance plan at $240.00 per month. That amount would be charged to account #001-2413-524.46-20. ALTERNATIVES: The only alternative to this purchase is for us to not make it and to continue outsourcing ali of our large, digital plan reproduction to a private company such as Delray Blueprint. This is not cost effective and it would continue to build in a delay in service to our customers. We don't believe that this is an effective alternative and would recommend the approval of this purchase. v -~i~y Manager's Signature Engineering Department Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMS~GENDA ITEM REQUEST FORM.DOC · 3ar3-26-01 09:28A KIP 770 395-3236 P.O1 AMENDMENT OF SOL[CITATION/MOD~FIOAT]ON OF CONTRACT I" CO~t~c~ ~o CO~ ~ PAs~ o~ PA~s 2. AMENDMENT/MOD~FICATION NO. EFFECTIVE DAT~ I ~ I~ l Modifi~fion ~4 1 3. 4. REQUISITION/PURCHASE EEO, NO. J 5. PROJECT NO. (lfap~ti~l~) 6. ISSUED BY CODE{ 7, ADMIN{STEREQ BY (~o~rt~ I f CODE L :r~ Se~ices Adm~stration ~eder~ Supply Se~ice (FCGE) C~s~ M~[, Bldg. g4, Room 503 Wash~gmn, DC 20~6 8. NAM~ AND ADDRESS OF CONT~AC%O~ fNo., ~t~at. co~t~, Siva a~ ~P C~ 9A. AM~DMENT OF SO,CITATiON ~O. KIP America 37777 ~terch~ge Drive F~on Hills, MI 48335 s~. DATED (SEE ~M 12) 3CA. ~OOtmCA~ON O~ CONTaACTiOaO~ NO. GS-~F-~29J ~0~. DArS~ (SEE ~,~ 13) [ ~ACILITY COD~ 1 1, THIS ITeM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS as set ~erth in Item 14, The hour and date epecdied for receipt of O~fa/s is extended, L_J is not ex. tended. Offer~ must acknowledge [eceipt at thi~ amendment prior to the hour amd date speci~ed in the ~oUc}[adoA or as amended, by o~e oF ~e following methods: (al By completing (terns 8 and 15. and ret~ning copies of the amendment: {b) BY acknowledging receipt oi t~s amendment on each copy of the offer s~mit:ed; or (c) 8V se~a~e[e lamer or telegram which mcIude$ a Tolerance to the solicitation and amendment numbers. FAILURE OF YOUR ACXNOWLEDGMENT TO BE RECEIVED AT TH~ P~CE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND 0A~ SPECIFIED MAY RESULT iN R~ECTiON OF YOUR OFFER, (f by virtue ~( this amendmen{ you desbe lo change an DUet already submkted, such change may be made by telegram or )e~et, ~tovided each telegram or latter makes reference to the solicitation and this amendment, and is received ~rior to :he o~ening hou~ and da:e specified. 12. ACCOUNTING AND APPROPRIATION DATA {If required) ~ 13. THIS ITEM APPLIES ONlY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN iTEM 14. t - A,THlS CHANGE ORDER IS ISSUED PURSUANT TO: ($pec(t~y autho~fu) THE CHANGES SET FORTH IN ITEM 14 ARE MADE iN THE CON- TRACT ORDER NO, IN ITEM lOA~ 8. THE AaOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such ~ ch~ges L~ p~..b~g o.~ce, approprf~ton ,~te. etc. J SET FORTH iN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR d~3.1n3 Ih), X Modification Clause 552.243-72 (FEB C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED iNTO PURSUANT TO AUTHORITY OF: 1996) and letter dated September 20, 1999 O.OTHER ($pec£fy o.pe of rnodiyqcation and atahority) E. IMPORTANT: Contrac:or['~ is not, ~--j is.required to sign this document and re~urn copies to the issuing oUice. ! 4., 0ESCRIPTION OF AMENDMEN.TIMO0{FICATION {Org~n~red by UCF ~ection headL~gs, ~nclu~'~g xoficit~ic~/comract s~ject ~er wher~f~ibte.) The above referenced contact under Federal Supply Schedule 36 Pa~ IV is hereby iodized to reflect the folbwing changes: Old Address New Address KiP America KIP ~edca 3132 Matin Road 37777Interchange Drive Walled Lake, MI 48390 Fa~ington Hills, MI 48335 New Telephone: (248) 474-2900 New Fax: (248} 474-3951 and E:mail mdwards~kipamedca.com Except as ~rovida~ herein, ail terms and cand{~J~ns of the dacume~( re[erenced in )tam SA or 10A, as hetetotote changed, remains unchanged and in full ~orce and effect. 1SA, NAME AND T?TLE OF SIGNER (2type orprinO (Stilt. ed to ~gn) NSN 7540-O1 -152-8070 PREVIOUS EDITION UNUSABLE 16A. NAME AND TITLE OF CONTRACTING OFFICER (l'~,'pe orpr~n0 Jacquetiae Haekne7 15C. DATE SIGNED 1 BB. ,LINITED STATES OF AMERICA ~ SC. DATE SIGNED %-,~TANDAR D FORM Prescribed by GSA FAR 148 CFR) 53,2a,3 WoodBusinessProducts, Inc. KIP America Equipment Proposal Presented to: City of Boynton Beach Product: KIP 2900 Digital Reprographic System Powerprint Interface Kit KIP 2900 Initial Toner KIP 2900 Initial Developer Price: $24,995 Controller: The specifications for the controller are as follows: Dual Pentium III 550 MHz processors, 128 MB SDRAM, Western Digital 7200 rpm 15.0 Hard Drive, 8 MB AGP ATI Video Card, P/S 2 Keyboard, P/S 2 Marble Mouse, CD-" Rom Drive 50x, 10/100 Intel Network Card, 15" monitor, ATX Mid-Size tower Case, Controller stand. (All. hardware has a One to Three year manufacturer's warranty.) Price: $2,200 Freight (invoiced separately):. Installation (invoiced separately): $ 420 $ 200 TOTAL $27,815 Standard Service Maintenance :( Labor, Travel, Photoreceptor Dram, Preventative Maintenance, and Manufacturer's updates) for 3,000 linear feet per month is billed at $0.08 per linear foot. $240 per month. Maintenance begins with date of equipment installation. A case of toner (4 cartridges per case) is $453 per case. Yield per cartridge is 2,000 linear feet per cartridge. Developer (1) bottle per case is $381.60 per bottle. Yield per bottle is 60,000 linear feet. Price of equipment is list less 20% per GSA contract # GS-25-R-0029J Expiration date is September 30, 2001 Formerly approved by City of WeSt Palm Beach City Commission on 8/21/00 CM#10421 1959 10th Ave. N. · Lake Worth, FL 33461 Phone (561) 588-9440 Fax (561) 588-9533 DEPARTMENT OF DEVELOPMENT Memorandum DD 01-032 TO: FROM: DATE: RE: CC: Dale Sugerman, Assistant City Manager Nancy Byrne, Assistanl Director of Development~? August 1, 2001 Shared use of E-Size Copier for West Wing Dave Kelley, Utilities Engineer The De~ copier E indicatin specialt: As state Blueprin dependi~ request. ~artment of Development is anxious to participate in the shared use of the proposed e-size ngineering has requested for purchase. I am attaching my original correspondence to you ;] our interest in sharing the .use and contributing to the consumables cost for operating [his 'copier. d in that correspondence, our current method for plan reproduction is outsourced to Delray :. we average about 100 pages per month, at a cost of between $1.25 to $3.60 per page, lg on quantity and size. This process adds 1-2 days to the time needed to prepare the record We examined seVeral options prior to requesting participation with Engineering in this purchase. One of the options: explored was greater utilization of our Imaging staff and equipment, bUt at a cost of over $7.00 Per sheet and considerable computer resources, we determined that this was not a beneficial use of equipment or time. Adding Clerk. 'r attempti~ citizens building need for his equipment to the City Hall complex will also benefit Planning & Zoning; Parks and City hose departments also have a need for e-size reproductions, some of which we are ~g to accommodate through our imaging staff currently. It rWOUld be of greater benefit to the f we could allow imaging to focus specifically on the monumental task of getting all 200,000 records imaged to Laserfiche, instead of spending considerable time attempting to fill the reproduction services. The Building division has available budget funds available, originally intended to purchase a coin operated copier for the west wing, which we would use to offset the cost of consumables for the e-size copier. We have determined that there would be greater benefit to our custome~ to have e-size reproduction ability available, rather than the coin operated copier. We can easilY continue to service the standard copy needs through our existing Xerox machines. TO: FROM: DATE: SUBJECT: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01,122 Dale S. Sugerman Assistant City Manager Kelley, Jr., PE/PSM~ H. David Civil/Utility Engineer July 18, 2001 e-Size Copier Request Update Department of Engineering Subsequent to my memorandum dated July 2na and our conversation on July 10th, I have researched the local supplier for the Kip America 2900 digital reprographic system, the system that this department recommended for purchase. The local supplier is Wood Business Products, Inc. in Lake Worth, Florida. We have obtained a direct proposal from them specific to this product, which is attached. Please note that this proposal is lower in cost than what was noted in my earlier memorandum, since we do not need a stacker rack and we have opted for a different controller set-up to operate the unit. The purchase cost now is $27,815 (versus my original number of $29,832). The manufacturer's GSA contract #GS-25F-0029J, is good until September 30, 2001. We recommend the purchase of this reprographic system. This department's fund account number is: 001-2413-524.64-02 In addition, we recommend the purchase of a provider maintenance service plan for this KIP system as noted in the attached quote for the next fiscal year in the mount of $240.00 per month or $2.880.00 per annum. This maintenance service provides for labor, travel, photoreceptor dram, P.M., computer diagnostics and manufacturer's updates, which would begin after the equipment is installed. The maintenance fee is based upon low volume usage. This department's fund account number is: 001-2413- 524.46-20 By copy of this memorandum to Bill Atkins, Procurement Services, we are requesting that this item be placed on the next City Commission agenda for approval. If you have any questions in regards to this matter, please contact me at x6488. HDK/ck Bill Atkins, Procurement Services Carol Kribs, Engineering Grace Wilson, Engineering CAD Tech. File S:~EngineeringXE-size Copier Request Update.doc Requested City Commission Meeting Dates [] July 17, 2001 [] August 7,2001 [] August 21. 2001 [] September 4, 2001 VI.-CONSENT AGEN DA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI I 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, 200l (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 [_TJ Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Commissioners. Approve expenditure of Community Investment Funds for various amounts from City EXPLANATION: Attached is a smmrm~ of allocated Community Investment Funds, as well as pending items. The following is a list of pending items: Vice l~ayor Weiland $3000 - Landscaping (mature trees) at Woolbright Ball Field Remainder of his funds - 50% to City Gym and 50% to purchase books for the Library Commissioner Fisher $5,000 - City Scholarship $5,000 - Pond "B" Holiday Lights $600 - New mannequin family for City Hall at the Mall PROGRAM LMPACT: The program is designed to provide for community improvements based on recommendations of the members of the City Commission. These improvements may consist of improvements to park properties, installation of architectural features on city property or other activities benefiting the public. FISCAL IMPACT: Funds are included in the current budget for~these purposes. ALTERNATIVES: Department Head's Signature e Department Name City Attomey/ Finance / Human Resources SSBULLETIN~ORMSXakGENDA ITEM REQUEST FORM.DOC 08/17/01 Meeting Date Item COMMUNITY INVESTMENT FUNDS .Amount Balance 02/20101 Black Awareness Celebration 03/06/01 Animal Control - Security Fence 03/06/01 Civic Center Clock 03/06/01 PAL Program 06/05/01 inspection of Old High School 07/03/01 Civic Center Clock Commissioner Black/McCray 01/16/01 01/16/01 0-1116/01 02/06/01 02/20/01 07/03/01 Program Approved Grill System - Little League Park Contribution to general Library collection Civic Center Clock Black Awareness Celebration PAL Equipment Commission Fer.quson 01/16/01 02/06/01 02/20/01 03/06/01 03/06/01 03/06/01 06/0501 07/03/01 Program Approved Civic Center Clock Black Awareness Celebration Library - Youth Literacy Program Stonehaven Entry ROW Landscape Work Greenway Study Inspection of Old High School Civic Center Clock Commission Fisher 01/16/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 07/17/01 Program Approved PAL Football Program Track Team Program Black Awareness Celebration Advisory Board on Children and Youth park revitalization project Memodal for Rev. Lee Senior Center programs Civic Center Clock Shirts for Advisory Mere bers Books for Art Center City Scholarship Pond B Holiday Lights New Manikin Family for City Hall at the Mall Commissioner Weiland 01/16/01 Program Approved 02/20/01 Black Awareness Celebration 25,000 (1,000) ¢ (5,000) (5,000) (1,5o0) v' (2,500) (5,000) 25,000 (1,429) v' (5,000) v' (5,071) (1,ooo) ¢ (2,000) ¢' 25,000 (3,00O) (1,000) (4,000) (2,500) (2,000) (2,500) (2,000) 25,000 (1,500) (1,500) (1,000) (1,500) ¢ (1,000) (1,500) v' (2,000) (852) V' (1,000) (5,000) (5,000) (600) 25,000 (1,000) 5,000 10,500 8,000 2,548 Page 1 of 2 08117/01 Meeting Date 03/06/01 03/0(~/01 04/03/01 04/03/01 06/19/01 07/03/01 COMMUNITY INVESTMENT FUNDS Item PAL Program. Forest Park Playground Equipment Flag Pole for Little League Park Screening Fence for Little League Park (Field 2) Picnic Shelter for Forest Hill Park Civic Center Clock Landscaping at Woolbdght Ballfield (mature trees) City Gym Library Books Amount (1,5oo) V' (1,523) V' (510) V' (3,000) (5,000) (3,000) (4,733) (4,734) Balance (Duplicated Picnic Shelter Funds) V' Indicates paid item * Pending Commission approval Page 2 of 2 Requested City Commission M~in~ Dates [] July 17, 2001 [] August 7, 200! [] August 2L 2001 [] Sopt~nber 4, 2001 VT.-CONSENT AGENDA t'TEI~ K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dat~ Fired Form Must l~ Turned in to CRV Clerk's Offi~.. Ju~ 5, 2001 (5:00 p.m.) July 18,2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) l~lRe~d City Commi.~ion Mggting Dates [] Sq~gml~x 19,2001 ~ ~2, 2~! ~ O~ 16, 2001 ~ N~ 6, 2~1 Dam Final Form Must be Turn~ in t~ CRV Cl~-k's Offi~ Sept~ab~r 5, 2001 (5:00 p.m.) S~pt~abex 20, 2001 (5:00 Ootob~ 3, 2001 (5:00 p.m.) O~tober 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] cOnsent Agenda [] New Business [] Public Hearing [] Legal [] Announcement '1'"[Presentation [] City Manag~'s Report RECOMMENDATION: Motion to award a contract to Coastal 'Pipeline, Inc. of Deerfield: Beach, Florida in the amount of $26,250.00 for emergency sewer later repairs located in the area of Master Lift Station #317 on Boynton Beach Blvd. EXPLANATION: During the week of August 13, 2001, the Utilities Department noticed a major sink hole develOping alOng the east fence line of Master Lift Station ~t~317. OUr original thinking was that there was a break in the 24" gravity sewer line. As it turns out, the problem is where the lateral from the customer (Burger King) meets the sewer main. In an attempt to dig down to the problem area, we found that the Utility Department's equipment won't reach that deep. Therefore, we need to call in a private contractor to complete this repair for us. PROGRAM IMPACT: We' are able to get by with this leak continuing to run for just a few more days. However, the job cannot wait until we go through the formal bidding process to complete the work. We have contacted three firms for this emergency repair, and received three very good quotes for the work. The lowest, most responsible quote of the three is from Coastal Pipeline, Inc. in the amount of $26,250.00 S:'~BUI,I,ETINWORMSV~OENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ~EM REQUEST FORM FISCAL IMPACT: Funds are available for this repair from Wastewater Collection Division account ff401-2815- 536.46-42. ALTERNATIVES: There really aren't any alternatives to this actiOn. This repair must be made rather quickly and the Utilities Department does not have the correct equipment to make this deep repair. ' v City Manager s Signature Utilities Department Depmzment Name City Attorney / Finance / Human Resources John A. Guidry, Utilities Director Mark Law, Deputy Utilities Director S:~BUI.LI~.T1NkFORMS~AGENDA ITEM REQUEST FORNLDOC MEMORANDUM Utilities #01-206 TO: FROM: DATE: SUBJECT: Dale Sugerman ~~ager Administrative Coordinator Utilities Department August 20, 2001 Emergency sewer lateral repair Agenda Item - Walk-On for August 21,2001 During the week of August 13, 2001, the Utilities Department noticed a major sink hole developing along the east fence line of Master Lift Station 317. This lift station is located on W. Boynton Beach Blvd. justwest of Congress Avenue next to Burger King. We assumed that there was a break in the 24" gravity sewer line. Before the Utilities Department could mobilize and expose the pipe, Burger King reported problems with their flow into the sewer system. The Utilities Department tried to clear their sewer blockage only to find our jet vactor water coming up in the sinkhole. We followed Burger King's sewer lateral across the access road to Lift Station #317 right where the sinkhole is. The Department attempted to excavate the hole in hopes of repairing the sewer lateral line. Unfortunately this 24" gravity sewer line and connection are approximately 15' deep which is beyond departmental capabilities. We have contacted three firms for emergency services to repair the sewer service lateral. Attached is a requisition to Coastal Pipeline, Inc. in the amount of $26,250.00 to complete this repair. They are the lowest, most responsive quotation. Their current insurance information is on file with the Risk Management Department. Funds will be taken from the Wastewater Collection Division, 401-2815-536-46-42, Sewer Main Repair account. Please present this to Commission on August 21,2001 for their approval to proceed with repairs. CC: Mark Law Tony Lombardi Bill Atkins REQUEST FOR REQUISITION H.T.E. ENTRY DATE- ' 8/20/01 H.T.E. REQUISITION # 17150 Clerk: J. HART Procurement Ass't: - 'Director:. City Manager (non bucigcted cal~ital andTor $50O0+ · ?. 1 REASON FOR PURCHASE: SEWER LATERAL REPAIR WEST OF BURGER KING ON BOYNTON BEACH BOULEVARD LOCATED IN THE AREA OF MASTER LIler STATION #317 VENDOR INFO~ATION DIVISION: OTHER INFORMATION: Name: cOASTAL PIPELINE, INC. Admin. ( ) Date: 8/20/01 ASAP (X)l Address: 303 N.W. 12m. AVENUE Construction ( ) Date Needed: ASAP Confirm. ( ) SUITE B Cust. Rel. ( ) ASAP/COnE ( ) DEERFIELD BEACH, FL. 33442 Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): JEFFLIEFER Lab ( ) Quotes/Verbal ( ) i E. Admin.. 40 (X) i(over $500) Pumping ( ) ]Quotes/Written (X) E. WTP 41 ( ) (ov~r $2o00) Vendor Number: 5556 PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( ) PWOps. ( ) Sole SonrceLtr. ( ) PFU 99 ( ) Requirements: APPROVED: Strmwtr. ( ) Project Numl~: Quan, Unit Price .- - Description & Part Number Fund Dept Basic Elem Obi Amount 1 26,250.00 Sewer Lateral Repair West of Burger 401 2815 536 46 42 26,250.00 King on Boynton Beach Blvd. Located In the area of Lift Station-#317. Well- ~ Point, excavate and repair lateral at Damaged area only, including back-fill : and compaction TOTAL 26,250.00 O:ksa¢-assistance~requisition blank.~ [ROM : COASTAL PIPELINE [AX NO. : 954425T~18 Aug. 16 2~1 12:2?PM l~ff Lie/ex tk~pex.(95¢) 546-0633 COASTAL PIPELINE, INC. 303 N.W. 12'fa Avenue, Suite B Deerfield Beach, Florida 33442 Telephone (954) 42S-7717 Fax (954) 425..7718 E't~to of Florida l.,i~tw~. # CTJ-056917 Augu~n I6, 2001 City. of Boynton B each 124 E, Woolbright Road Boynton Beach, Florida 33435 Attm Mr. Tony Lombardi Re: Sewer Lateral Repair West of Burger King on Boynton Beach Boulevard Located in area of lift station #317 PROPO~_. · Well-point, excavate, and rep .air lateral fi-om Burger King at damaged.area only, including back-fill and compaction- $26,250.00 City to remove tr'--,~cs and fence. City to do restoration including fence, landscaping and aphalt. F, xeess fill to be propen~ of City. .This quote is to repair hteral only sad does not include work to existing 15" main. Ru~ 16 O! 02:3Gp ~ike Banks p.1 U..1~417 August 16, 2001 ~L ~487 To: City ofBoynton B~ac~ 124 E. Wool~ght Road Boynton Beach, FL 33435 Tony Lombardi Boyaton Beach Blvd. Correct problem wilh lateral from Burger King toward 15" Main on I~f~ Station #317 proporty $27,150.00 This bid does not include repairs to 15" main, if required. addressed as a separatejob; Depth of repair not to exceed 15 feet. No bond, permit or field layout arc included. Such work would be V~ truly yours, Mike Banks, President J & M Pipeline, Inc. ./ 88/16/2881 13:88 19547831364 SEJqlNOLE PA6E 81 1.90t lq.E. 4~ .q'mEgT :POMPANO BEACH, FL 33060. F~x; 954,.78~136,4 PBOPOSAL Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEA , AGENDA ITEM REQUEST FORi,, O I AU -3 2:19 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 Corraniss~on 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.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the Special Event Permit request for Bethesda Memorial Hospital's employee Beach Bash on October 13, 2001, subject to approval from the Town of Ocean Ridge and tent inspections by City officials. EXPLANATION: Bethesda Memorial Hospital has requested the use of Oceanfront Park for an employee "Beach Bash" ..... ,,,,^4 ~'~'~'esda Memorial Hosr>ital has completed a Special Event Permit application for this event. The ~pnpl~;;ti°;~ ;~'s ;eU~/';'w~U~nd approved by the ~ffe Department (pending tent inspection), Police Department, Departme.n.t of Development, Risk Management, Public Works and the Recreation Department. Approximately 1800 people wall attend. PROGR2M~ IMPACT: This is the fourth year that Bethesda Memorial Hospital h~.s used Ocfi.a, nfr. onot P.,ar.k to~h, ost tvh_e~ employee 7~Beach Bash." Contracted trolley service is being used to transport employees and mmr taxmnes, the ecn will be held at the north end of the beach. Lifeguards and beach staff will assist Bethesda Memorial Hospital and all patrons of the beach during this event. FISCAL IMPACT: Application fee in the amount of $25 has been received. A permit fee of $25 will be assessed when permit is issued. · Tent ~nspection fee in the amount of $25 will be charged upon the inspection of the tent. · As in the past, any overtime or additional staffmg and costs directly related to this event will be paid for by Bethesda Membrial Hospital (includes security, lifeguards and portable lifeguard chaff, etc.). City Manager's Signature Recreation Department Department Name City Attorney / Finance / Human Resources S:kBULLE~N~FORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM XI. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates July 5, 2001 (5:00 p.m.) [] September 19, 2001 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 October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report 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.) RECOMMENDATION: Motion to authorize the City Manager to apply for a $250,000 boating improvement program grant to acquire the .Morey's property. Future use of the property will be for the expansion of Boat Club Park for boating related uses. (application attached) EXPLANATION: The City of Boynton Beach is considering the purchase of approximately. 42 acres of property adjacent to Boat Club P?rk. This property is currently called Morey's Lounge. The proposal is to acquire the property, demolish the structures and in'tegrate the property in to the park. Possible future uses for the property include vehicle/boat trailer parking, boat washing facilities and landscaping. PROGRAM IMPACT: Purchase of this property will allow for the eventual expansion of boating related USes of Boat Club Park. FISCAL IMPACT: Securing this grant will reduce the expenditure for the acquisition of the property by $250,000 ALTERNATIVES: Pay t. he ful~l~ or eliminate the project com.pletely~ Parks Department Name ' Cit~anager's Signature City Attorney / Finance / Human Resources S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC PROJECT APPLICATION Date Received: Part A: Identification Project Sponsor: Applicant Information City of Boynton Beach Project Name: Boat Club Park expansion Liaison Agent: Kurt Bressner Title: City Manager Address: P.O. Box 310 Telephone: Boy~on Beach~ FL (561) 742-6010 ZiP Code: 33425 I hereby certify th~at the information provided in this application is tree and accurate. Signature:A. ssijqrant: City Manager Date: 08/08/01 lct~g City Manager Project Information Grant Amount Requested: $ 250,000 Project Type (check one) Acquisition X Development__ Retroactive Site Control (check one) Acquiring x Leased Own If Leased, Date of Expiration: Brief Project Description: The City of Boynton Beach is considering the purchase of approximately .42 acres of property adjacent to Boat Club Park. This property is currently called Horev's Lounge. The proposal is to aquire the property, demolish the structures and integrate the ~roperty into the park. Possible future uses for the property include vehicle/boat trailer parking, boat washing faciltities and la.aneantn~. Purchase orice for this property is.approximately $640,000. Grant request is for $250,000. The City of Boynton Beach will funil_.ghe~ifferance. FLOmDA PROJECT APPLICATION Page 2 Part B: Development Project Description Type and Estimated Cost of Proposed Development by Fa¢ilty: Quanity Facility (Number and/or Footage) No immediate development of the property is planned. Estimated Cost The primary use of Boat Club Park is for boat launching and ocher boating related functions.- Future development of the site will include similar use. Attachments (Required prior to Application Consideration) Location Map: Site Plan: Boundary Map: Attach a detailed street, road or highway map locating the project site and provide driving instructions from the nearest intersection. Attach a legal sized conceptual site plan displaying location ofplarmed facilities, if applicable. Provide a boundary map clearly identifying the project boundaries. G~LIYi~G ERt, EXnl BITA.I RESOLUTION NO. R-99- 77 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PA BEACI BUSHING THE PALM IMPROVEMENT PROGRAM (FBIP), REGISTRATION FEES FBIP WHEREAS, in accordance with Section 327.25, Florida Statutes, the Florida Department of Highway Safety and Motor Vehicles collects vessel registration fees for those vessels required by law to be registered in the State of Florida; and WHEREAS~ said vehicle registration fees have historically been deposited in the Motorboat Revolving Trust Fund and have been appropriated to the Florida Department of Environmental Protection for grant funding to be provided to County govemmen and WHEREAS, the Florida DepaH~nent of Environmental Protection created the Florida Boating Improvement Program to implement the allocation of said grant funds to County governments; and WHEREAS, in accordance with Section 327.25(16), Florida Statutes, said grant funds are to be used for the sole purposes of providing recreational channel marking and public launching faCilities and other boating related activities, for removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply with Section 327.53, Florida Statutes, and for manatee and marine mammal protection and recovery; and WHEREAS, the Florida Legislature has recently amended Section 327.25(16), Florida Statutes, to provide for the deposit of vessel registration fees into the Marine Resources Conservation Trust Fund and to provide that said fees be directly remitted to County governments without prior appropriation to the Florida Department of Environmental Protection; and ~EREAS, it ~S ne .cessary that the Board of County Commissioners adopt the Palm Beach County Florida Boating Improvement Program to establish policies and procedures for the lawful distribution of said vessel registration fees. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Section 1. Establishment of the Palm Beach County Florida Boating Improvement Program The Board of County Commissioners of Palm Beach County ("Board") hereby establishes the Palm Beach County Florida Boating Improvement Program ("FBIP"). Section 2. Table of Contents Section 1. Establishment of the Palm Beach County Florida Boating Improvement Program ................................ Secllon 2. Table of Contents ............................................................... 2 Section 3. Vessel Registration Fees ..................................................... 2 Seclion 4. Administration of the FBIP ................................................... 2 Section 5. FBIP Funding for Municipal'Projects .......... . ........................... 3 Section 6. Use and Benefit of FBIP Project ..... ~. ..................................... 4 5 Section 7. Projecls Eligible for FBIP Funding ......... . ................................ 6 Section 8. Project Design and Construction ........................................... 7 Section 9. Project Completion and Project Close Out Procedures ......... 7 Section 3. Vessel Registration Fees A. in accordance with Section 327.25(16), Florida Statutes, vessel registration fees are collected by the Florida Department of Highway Safety and Motor Vehicles ('FDHSMV') and deposited in the Marine Resources Conservation Trust Fund for distribution to counties. B. Palm Beach County ('County") shall receive vessel registration fees from ali vessels registered in Pa!m Beach County. Vessel registration fees collected during the preceding fiscal year shall be forwarded to Ihe Counly by FDHSMV each July. The County shall deposit said fees into a restricted reserve account designated for the FBIP which shall be monitored by the Palm Beach County Parks and Recreation Department ("Department'). Section 4. Administration of the FBIP nly p A. The Board shall utilize FBIP funds for eligible Cou rojects. B In order to allocate project funding for County projects, the Deparlment shall Include the project in the annual Capital Improvements Program ("CIP") for approval through the County's budget process or prepare a budget transfer fully describing the project and submii same for approval bY Ihe Board. For Board approved Counly projects requiring additional funding or a change i.n scope, the Department shall prepare a Project Amendment Request outlining the proposed changes for approval by the Board. C. FBIP funds may be used as the local cash matching requirement for the Flodda Recreation Development Assistance Program, the Land and Water Conservation Fund Program, the Florida Inland Navigation Distdct Waterways Assislance Program, or other grant programs requiring a local cash match, provided lhal the. FBIP funds are used for eligible project elements. D. The Board may approve a project with an estimated cost exceeding the amount of available FBIP funds. In such cases, the amount of the project cost exceeding available FBIP funds may be eligible for reimbursement from the allocation for ihe next fiscal year. However, any project so approved shall be subject to continued funding in accordance with Section 327.25(16), Flodda Statutes. The Board does not guarantee or pledge payment of the balance In such cases and is not liable for any future reimbursement or pledge should funds not become available. E. Any unspent FBIP funds allocated to a specific project shall be returned to the appropriate reserve account for future use. F. The County shall maintain and keep records of all projects receiving FBIP funds. Completed projects shall be Included in the County's single audit report which shall be forwarded annually to the Auditor General of the State of Florida. G. The term of all projects funded in whole' or in part with FBIP funds shall be for a minimum period of twenty-five (25).years and shall commence upon full execution of the Project Agreement or, in the case of a County project, upon approval of the project by the Board of County Commissioners. SectionS~, ;BIP Funding f0/' Municipal Projects A. A municipality may request FBIP*funds by' submitting a Project Application to the Department. A sample Project Application is attached hereto and incorporated herein as "Exhibit A'. All Project ApplicatiOns shall be reviewed and evaluated by the Department with regard to eligibility of the Proposed project, completeness of the application, the municipality's compliance with previous Project Agreements, and County and/or Department priorities. Furthermore, eligible projects shall be considered once per year through the County's annual budgetary process, along with funding availability and County Priorities. Eligible projects deemed by the Department to be of an urgent nature may be considered by the County outside of the budgetary process. B. A Project Agreement is required in order for lhe Board !o allocate FBIP l'unding to a municipality for an approved eligible project. For municipal projects approved by the County through the budgetary process, the Director of the Department is aulhorized to execute the corresponding Project Agreement on behalf_ of the County. The County Attorney shall review said Project Agreement for legal form and sufficiency prior to signature by the Director. A sample, standard Project Agreement is attached hereto and incorporated herein as "Exhibit B'. AllAgreements~ that are non-standard shall be submitted to the Board for approval. C. Unless otherwise specified in the Project Agreement, project funding shall be for those costs incurred subsequent to the execution of lhe Project Agreement by lhe Board. D. The County shall disburse FBIP funding to a municipality upon completion of lhe Project on a reimbursement bases in accordance with the terms and conditions aa set forth in the Project Agreement. E. Quarterly status reports shall be submitted to the Department by lhe municipalily on a Project Status Repod form. A sample Project Status Report form is attached hereto and incorporated herein as "Exhibit C". F. Should a municipality desire to propose any changes to the Project Agreement including but not limited lo changes in scope or funding of Ute project, said proposed changes must be submitted in writing to the Department along with a statement of justification for same. All such changes to a Project Agreement shall require a Project Amendment and shall be subject to approval by the Board, exception of Projects Amendments for time extensions up to a total of one year, may be executed by the Director~ G. Upon non-compliance with the'terms of this Resolution or the Project Agreement, the County, at its sole discretion, shall have the right to terminate a Project Agreement and the municipality shall refund to the County all FBIP funds tendered for the Project, plus applicable Interest. Interest shall be calculated using the average annual Palm Beach County Board of County Commissioners consolidated investment yield, compounded annually from the date said Project Agreement was fully executed. In addition, the County may enforce the terms and conditions of the Project Agreement through any and all legal action deemed necessary by the Counly. Failure of a municipality to comply with the provisions of this Resolution or a Project Agreement may result in the Board declaring the municipality ineligible for participation in FBIP until a time certain and/or under certain conditions as designated. H. A municipalily may request termination of a Project Agreement and the~~ County, at its sole discretion, may elect to accept said termination. In such instance~,~ / the municipality shall refund to the County all FBIP funds used on the Project, plus applicable interest, as calculated in Paragraph 5G. hereinabove. Section 6. Uae and Benefit of FBIP Project A. .Any project developed with assislance from FBIP funding shall be for the use and benefit of all Palm Beach County residents. Upon completion, all projects shall be dedicated for public recreational use for a period of twenty-five (25) years from the date of full execution of the Project Agreement or, in the case of a County project, the date of approval by the Board of County Commissioners. For County projects, a Notice of Umitation of Use including said dedication shall be recorded by the County in the Public Records of Palm Beach County. For municipal projects, a Notice of Limitation of Use and the Project Agreement shall be recorded by the municipality in the Public Records of Palm Beach County. A sample Notice of Limitation of Use is attached hereto and iltcorporated herein as 'Exhibit D'. B. Ali projects funded in whole or in part by FBIP funds shall be made available to all Palm BeaCh County residents on a non-discriminatory basis for a period of twenty-five (25) years regardless of residency, race,, color, religion, disability, age, sex, national origin, ancestry, marital status, or sexual orientation. C. A permanent identification sign or plaque which credits the FBIP as a source of project funding is required to be erected at all completed projects where sign placement is feasible. Sign requirements are listed on "Sign Requirements for FBIP Projects", which is attached hereto and incorporated herein as "Exhibit E". Section 7. Projects Eligible for FBIP Funding A. FBIP funds shall be used for those projects which improve recreational boating for the public in accordance with Section 327.25(16) Florida Statutes, for the purpose of Providing recreational channel marking and public launching facilities and olher boaling-related activilies, for removal of vessels and floating structures deemed a hazard to public safety and heallh for failure to comply with Section 327.53, Florida Statutes, and for manatee and marine mammal protection and recovery. B. FBIP funds may be used for lhose costs associated with acquisilion, design, construclion, and completion of an eligible project including, but not limited the expansion, renovation, repair or installation of the following': 1. Launching facilities; 2. Recreational channel lights and markers; 3. Watenvay and related signs for safety, regulation or information; 4. Docking and mooring facilities; 5. Access roads and parking for boating facilities; 6. · Channel dredging; 7. Boating related support facililles and utilities such as restrooms, lighling, landscaPing,.water, sewer, and electric; 8. Artificial fishing reefs in Slate waters (design, construction, Iransporlation, installation, marking, research, and monitoring); Bulkhead, rip-rap, and seawall construction; and Land acquisilion for boating related projects. C. Planning studies to assess the nature and extent of recreational boating within the County and to determsne the demand and need for recreational boahng facilities or related improvements are eligible for FBIP funding. D. Expenses that are ineligible for FBIP funding include, but are not limited to, tools, equipment, boats, motors, office furniture and supplies, ~aw enforcement and safety equipment. E. Project construction expenses eligible for FBIP funding include payments to vendors for purchase of materials, equipment, rental of equipment, services, or lump sum labor contracts. Section 8. Project Design and Construction " A. All projects shall be designed and constructed in accordance with applicable federal, state ;;nd local laws, rules, regulations, and building codes. B. All local, state, and federal permits, leases, easements, consents, management agreements, or other similar authorizations for the project shall be obtained prior to commencement of construction of the project. Section 9. Project Completion and Project Close Out Procedures A. Upon completion of a project, a Project Ci~mpleflon Certification shall b~ submitted for all projects utilizing FBIP funds. A sample of a Project Completion Certification is attached hereto and incorporated herein as 'Exhibit F". B. For municipal projects, the municipality shall provide required materials as delineated in the required Project Close Out documentation form which is attached hereto and Incorporated herein as 'Exhibit C. Reimbursement for municipal projects shall be requested on the following project reimbursement forms as applicable: Actual Cost Contract Payment Request, Contractual Services Purchases Schedule, Salaries and Wages Schedule, Direct Material Purchases Schedule, Material Grantee Stock Material Cost Schedule, 'and Grantee Equipment Costs Schedule. Samples of said prOject reimbursement forms are attached hereto and incorporaled herein as 'Exhibit H1 - H6'. D. The County and the municipalities utilizing FBIP funds for design or construction of an eligible project shall be responsible for ensudng the operation and maintenance of said project for the term of the Project Agreement. The foregoing Resolution was offered by Commissioner adoption, The motion was seconded by Commissioner being put to a vote, the motion passed as follows: ~srcus Roberts who moved , and upon COMMISSIONER MAUDE FORD LEE - Aye COMMISSIONER WARREN H. NEWELL - Aye COMMISSIONER KAREN T. MARCUS - Aye COMMISSIONER CAROL A. ROBERTS - Aye COMMISSIONER MARY McCARTY - Absent: COMMISSIONER BURT AARONSON - Absent COMMISSIONER TONY MASILOTTI - Aye The Chair thereupon declared the Resolution duly passed and adopted this 12 day of January , 1999~ PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY Cou~nty Att~rl{ey DOROTHY H. WILKEN, CLERK Deputy Clerk Date Received: PALM BEACII COUNTy FLORIDA IIOATING IMPROVF. MENT PROGRAM PROJECT APPLICATION Part A: Identification Applicant Information Municipality: Project Name: .. Project Liaison: ,, Title: Address: . Zip Code: Telephone: I hereby certify that the information provided in this application is tree nnd accurate. Signature:=, Date: FBIP Amount Requested: $ Project Type (check one) Acquisition Site Control (check one) Acquiring Leased If Leased, Dato of Expiration: Brief Project Description: Project Information Development. Retroactive Own Gt~SYIIqGERMrXll [ BYrA~ i EXHIBIT'A' PALM BEACII COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Page 2 Part B: Development Project Description Type and Estimated Cost of Proposed Development by Faciity: Facility Quanity (Nmnber and/or Estimated Cost Location Map: Site Plan: Boundary Map: Attachments: (Required prior to Application Consideration) Attach a detailed street, road or highway map locating the project site and provide driving instructions from the nearest intersection. Attach a legal sized conceptual site plan displaying location ofplanned facilities, if applicable. ' Provide n boundary map clearly identifying the project boundaries. GdSt'IN~E RUUI~IIIBIT,4./ PALM BEACH COUNTY FLORIDA BOA~NGIMPROVEMENTPROGRAM PROJECT AGREEMENT THIS AGREEMENT, is made and entered into this day of ,19, by and betwee~ y, a political subdivision · .~ of the State of Florida and , corporation, hereinafter referred to as -city-. WITNESSETH: WHEREAS, in accordance with Section '327.25, Florida Statutes, the Florida Department of Highway Safety and Motor Vehicles ("FDHSMV") collects vessel registration fees for vessels required to be registered in the State of Florida; and WHEREAS, in accordance with Section 327.25(16), Florida Statutes, said *vessel regislration fees are relurned to Counties for the purpose of providing recreational channel marking, public launching facilities, and other boating related activities; and WHEREAS, the Board of County Commissioners has adopted Resolution No. R-99- establishing the Palm Beach County Florida Boating Improvement Program ("FBIP"); and WHEREAS, said FBIP specifically provides for the County's allocation of vessel registration fees to municipalities for the purpose 0f~funding eligible boating related projects; and .WHEREAS, the City has submilted a Project AppliCation requesting FBIP funds in an amount not to exceed $ for use toward an eligible project; and WHEREAS, funding is available from FBIP funds; and WHEREAS,'Ille parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements expressed herein, the parties hereby agree as follows: 1. This Agreement shall be performed in accordance with Section 327.26(16), Florida Statutes, and Palm Beach County Resolution No. R-99- which are hereby Incorporated by reference as if fully set forth herein. 2. The term of this Agreement shall be for a period of twenty five (25) years commencing upon the date of full execution by the parties hereto. 3. a. The County hereby agrees to pay the City an amount not to exceed $ on a reimbursement basis for costs associated with the City's eligible boating .related project which includes ~XIIIBIT 'B' hereinafter referred to as "Project', as more fully described in "Exhibit A" attached hereto and incorporated herein. b. The Counly and lhe City hereby agree that there shall be no reimbursement of l'unds by the Counly for an ex · et~feclive date Of this A'reeme,-,, · Y . pe_n.d~ture made prior to the following expenditures: .... wtth the excephon or :~ for the 4.' The County shall use its best efforts to provide said funds to the City within forty-five (45) days of receipt of the following information: a. A Notice of Limitation of Use form as provided by the County, that has been filed wilh the deed to the Property in the Public R~cords of Palm BeachlCounty; County; b. A Project Completion Certification form as Provided by the . c. A photograph of a permanent project identification sign which ha~ bee. n .er. acted at lhe project site crediting the FBI · project Ifundlng. P Program as a source of d. Project reimbursemenl forms rovi Actual Cost Contract Pa e P ~ded by the Count asa ' · Salaries! ~ Ym .hi Re. quest, Conlractuai Servi .Y- Ppl,c.a.ble. ... i~nd Wages Schedule, uirect Mate-=-, ~ .... c_e.s P.ur,chases Scheaule -, ,=.u ,.3ran[ee i:quipment Costs Schedule-- 5.i The Cily iS fully aware and understands , Performance · ~ lhat lhe Co . and obligation to pa under .: unty s funding bv the FDH-q~,~/ ' . .Y. th. Is Agreement is confln ant fees. - ..... through Its annual appropriation of rase'leig regiUstPr(~rtion 6. The City shall complete the Project and Provide accounting data to Count~ for same on or before ( ' mont execul~on of lhis Anreeme,-,, ~,T,,. ..... -.' ) . hs from the date of the CoU i o . ,~, '-'x ,,= par[leS hereto. U on writ · · _ _ ~ty, at least nmely (90) days ni,.,,-, _ p ten. notlficabon to L;ilY may i~quest an exte/1;io~ be~;~(~ln, u~-'° the e.x. pe.c?ed completion date, the y u m~s period for.the PU~.,o_se of completing the ProjeCt. The CountY Shall not unreasonably deny the City s request for said extension' . 7. i The Clly shall submit to County quarterl s Project status Report ,form provided to Cily_ by~ ,__~h,~ ~__.c.~,,~us.~., reports on the 8. The City hereby agrees that any and all as ha by the City within lhe scoaa ~)f l~,,= r3,,.,~ .... ;~_,; . p It paving performed Den rfrn'=~, ..r,.?_ , ..-- --?,=~.~ =na, conform with the State of Florida r-a,, .... ,t of Transportation s spec,,cations for materials. 9. The City shall maintain books, records, documents, and other ' evidence which sufficiently a~d properly reflect all costs of an n on lhe Proiect as funded ,', ' ___- i y ature expended lhree (3) v~ars Unnn ~,.~,p.~u..r~u.a.n_t t?his Agre~me..nt for a period of not less the - ~ 'm · ,- ....,,,-=H~e nulJ[;e to the Ci i e C n to inspect the Project as w~, ..- ,~. ....,... ,.: iy, !11 .oun!y shall have the right m · ~,c,, ,,= Hg.[ [O Inspecl and audit said b records, dOcuments a · . ; coke, busineS~ hburs nd other evidence pertaining to the Project during normal G:~YlNG ER~BIi'~F, Xlil O rrb EXiIIBIT'D' public 10. Upon completion, the City hereby agrees to dedicate the Project for twenty five (25) years from the date of full Use including said dedication in the sex stry, Beach or FB shall erect a permanent R-99- crediling the at the 13. operation and ~ 14. The Co com funding its ~ C~tys interest 15. Within loss, suit, for all costs of term of this project Agreement. this Agreement due to f or wilh non- Upon said termination, the City for lhe Project, plus applicable __ A determination of non- :ITY being ineligible for further FBIP designated by the .~ement and Ihe County, at ination. In such instance, the plus applicable R-99~ . lemnify and hold suit, action, legal or liability, interest, attorney's arising in a manner Agreement. lly from and against any and all demand, damage, expense due to the County's limits set forth in Section 768.28, 16. Prior lo ~ with CountY as County Ihe County, the City shall coverages as required herein or manager. The City shall, extension hereof, maintain in full general liability insurance, including liability, in the amounts specified in ~,greement. Where permissible Beach n a clause providing the he event of cancellation, non- ~ in coverage. Compliance with the GASYINGER~FBIIt~XliiBFFB 3 I~XlilBn' 'O~ foregoing requirements shall h~' ot relieve the City of its liability and obligations under this Agreement. 17. This Agreement represents the entire agreement of the parties and lhere are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or olherwise altered, except by wdtten instrument executed by the Parties hereto. 18. The parties may pursue any and all actions available under law to enforce Ihis Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held In Palm Beach County. In the event any action, suit, or proceeding is commenced with respect to interpretation or enforcement of Ihis Agreement, the prevailing party shall be entitled to recover all costs, expenses and fees, · including wilhout limitation, reasonable attorneys fees incurred by such party in · conneclion herewith. 20. Any notice given pursuant to the terms of this Agreement shall be in wdling and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to lhe COUNTY: Director of Parks and Recreation Palm Beacfi County Parks and Recrealion Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to the CITY: City Manager Name of Cily Address of Cily THE REMAINDER OF THIS PAGE 18 INTENTIONALLY LEFT BLANK · OKtYINO ~. R~lq~li~F, Xm BITB 4 EXIIIDIT IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above wdtten. ' ,KEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY:'-Deputy Clerk By: Chair ATTEST: By: Cily Clerk By: 'Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY~'bounty Attorney E;XIIIBIT 'B' PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT NAME: PROJECT STATUS REPORT MUNICIPALITY OR COUNTY PROJECT ELEMENTS WORK ACCOMPLISItED %COMPLETELY: PROBLEMS ENCOUNTERE_D: PERIOD COVERED (CIIECK APPROPRIATE PERIOD) July through September: Duo October October through December, Due January 5th January through March: DUC April Sth April through June: Due July Sth LIAISON: Signature DATB:,., (~:~.qYINGII~R~BIf. P ,BC~O~i H BiTe EXHIBIT 'C' PALM llEACII COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM NOTICE OF LIMITATION OF USE Notice of Limitation of Use/$it~ Dedication The Property identified in the attached prO. ject Agreement (required for municipal projects) and/or boundary map (required for Coutlty nnd mnnicipnl projects) has beeu developed by. (Name of Municipality or Palm Beach County) with finnnciai assistance provided by the Pnhn Bench County Florida Boating hnprovement Program (FBIP) in accordance with Section 327.25(16), Florida Statutes,: nmi Palm Beach County Resolution # R- 99- . Pursunnt to requirements of said Resolution, n projecl funded in whole or in port by FBIP funds shall be dedicated for a minimum period of twenty five years, commencing upon f~li execution of the Project Agreerflent Or, in the Case cfa Cou6ty project, upon approval of the project by the Board of County Commissioners, ns nn outdoor recreati~)n m'ea n~d shall be administered and r~ade available to nil Palm Bench County residents on n non-discriminntory basis regardless of residenCy, race, color, religion, disability, age, sex, nationnl origin, tmCestry, marital status, or sexual orientation. ! certify that copies of the Notice of Limitation of Use/Site Dedication form, project boundary map and Project Agreement (if applicable) have bee~ filed in t~e C0~ntY Cou~hous~ With th~ d~'e~t to the property on which the following grnnt project is located: FBIP Project Name Signature of Liaison Typed Name nnd Title Date GtWYINGIII.,FBII*.I'BC~I~ORMSW, XUl BFfD EXHIBIT PALM BEACH COUNTY. FLORIDA BOATING IMPROVEMENT PROGRAM SIGN REQUIREMENTS EXAMPLE (NAME OF PARI0 WAS DEVELOPED BY (Name O~p_alil¥. or Pahn Beac~), FLORIDA WITH FINANCIAL ASSISTANCE FROM AND IN ACCORDANCE WITH THE PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM EXHIBIT 'E' PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJEC'I' COMPLETION CERTIFICATION Name of Municipality or Pahn Beach County: Project Name:, I hereby certify Ihnt the above referenced project was completed in nccordnnce with the Palm Beach Courtly Florida Boating Improvement Progrnm and all thnds were expended pursunnt to the applicable Project Agreement or approval of lite Board of County Commissioners.. Liaison Agent: Date: EXHIBIT 'F' PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM REQUIRED CLOSE-OUT DOCUMENTATION (For Internal Use Only) Sponsor (Palm Beach County or Name of Municipality): Project Name: Documentation Project Completion Certification As-Built Site Plan Map and Driving Instructions to Project Site . List of Constructed Project Facilities end Improvements Color Photographs or Slides of' Project and Identification Sign Payment Request Form Billing Schedules Proof of Ownership Apprnisai Purehnse Contrsct Notice of Limitation of Use Survey of Project Area Development X X X X X X X Aequfsftfon X X X X X X X X X X r~TING[I~qlP.~Hlrro EXHIBIT 'G' PALM BEACII COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM ACTUAL COST CONTRACt PAYMENT REQUEST (Date) , (Municipality) Billing Period: Billing # (Project Name) Protect Costs This BJlljtL~ Cumulative Protect Co~tf Contractual Services (Exhibit H-2) $ $ Salaries. Wages and Benefits (Exhibit H-3) $ $ Direct Purchases: Material~ ~nd .a~lgglj..el (Exhibit H-4) $ $ Grantee Stock (Exhibit H-5) $ $ Equipment (Exhibit H-6) $ $ Donated Real Properl? $ $ (Attach do~umeotafion) Indirect Costs $ TOTAL PROJECT COSTS $ ,. $ CERTIFIC.4 TION: I ~ne~ ce~ir~ th~ the abo~e expc.~. ~ in~l~ed roi' Ihe WOl~ ldenllflcd u b~ins ~complisl~d in Ih~ FBIP i~'oie~ Status ~pam which have b~m mbmi~d. Proj~t Financial Officer/Date Project Liaison/Date PALM BEACH COUNTY USE ONLY $ S $ ($ ) $ ($ ) S PBC-FBIP fundin8 participation Total PBC-FBIP Project costs to date PBC-FBIP obligation to date PBC-FBIP Retninago ( %) PBC.-FBIP obligation remninJng PBC-FBIP funds previously disbursed PBC-FBIP funds due this billing PBC-FBIP Reviewed and approved by: Fiscal Mnnnger, PBC Parks attd Recreation Department/Date Director, PBCounty Parks and Recreation Depaflment/Date aAsvmGnurmP, l,nCun)n M.,Atxmsm t S EXIlIB1T ' I l- I ' BOUNDARY MAP FOR BoAT CLUB PARK EXPANSION Boat Club Park Expansion 30 0 30 60 F , I LOCATION MAP TO BOAT CLUB PARK EXTENSION ~ f.,~ 26'TH AVE :~ - . .~: 0 ~ ...... ~ · ~ ~ ~. - ~ - . ..... .~=~a~-: ~ =. : ~~~, , ":- s. : ... - ~ - - ' ' ' . .~ ...... . ............ . . . . . ~ ~H.AVE ..... ~ ' ' NE.'~Tfi AgE' : '. ' ~ ]~ AV~' · , ' ' ' ' .......... ' ' . .... . :....~'".'~.'~:~:.. - . ~ .. BOAT CLUB PARK EXTENSION[~ ' ~', L .................... - ...... ~:-,~ ~ ~, ~ C ST NE !~ CT ~'. ~ ' ~ ~EI~A~ '-- ...... ~ - - O ~ NE t~ A~ ~ t 7TH AVE ~ ~ ~6TH ~ ~ NE t6T~ CT i Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 200l [] August 21, 2001 [] September 4, 2001 XI. - NEW BUSINESS ITEM C. 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 t6, 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 3,200t (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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Consider approval of resolution allowing for attendance at City Commission meetings by electronic media technology. EXPLANATION: There are occasions when City Commissioners are unable to attend public meetings due to absence for illness, business, or personal commitments. PROGRAM IMPACT: None FISCAL IMPACT: None except for phone hook-up. ALTERNATIVES: Do nothing and prohibit remote access participation. Department Head's Signature ' ~ity Manager's Signature Department Name City Attorney / Finance / Human Resources S:qBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ALLOWING FOR ATTENDANCE AT CITY COMMISSION MEETINGS BY ELECTRONIC MEDIA TECHNOLOGY; PROVIDNG FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are occasions when City Commissioners are unable to attend public meeting s due to absence for illness, business, or personal commitments; and WHEREAS, the integrity of electronic media technology has advanced to the point where participation 'in a public meeting by electronic media is both practical and secure; and WHEREAS, participation of all Commissioners in discussion and action on matters pending before the Commission is both encouraged and beneficial. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach, Florida adopts the following, allowing for attendance at Commission meetings by electronic media technology: The Commission may permit members to participate by telephone and to vote at meetings based upon the following procedures: Ao A quorum must otherwise be present at that meeting; The City Commissioner who will not be physically present at a meeting but who wishes to attend using electronic media technology shall advise the City Manager no less than 48 hours in advance of the scheduled starting time of the meeting which the COmmissioner wishes to attend using electronic media technology; WS\Temporary Interact Files\OLK5 IE0~Electronic media technology.doc go The City Manager shall inform the City's Director of Information Technology Services who will be responsible for arranging a secure and dependable means of electronic media technology for use by the Commissioner. The technology used shall be such that the absent Commissioner's communications with the City Commission shall be simultaneously heard by the members of the public and-for recorded by the City Clerk. An absent member shall be present through the use of electronic media technology throughout the discussion on that specific matter then pending before the City Commission. At the commencement of the electronic attendance, the absent Commissioner shall disclose who, if anyone is in attendance with him/her. The Mayor, at the commencement of the electronic link shall determine, with the concurrence of a majority of the quorum, if the means of electronic media technology is sufficient in quality to insure that the absent Commissioner can be heard by all members of the Commission and can hear, the public and the City Clerk. The Mayor shall determine if the absent Commissioner can hear all member's of the Commission. If the communication link is not clear, the Mayor may delay the meeting to allow for a functioning link, or may rule that the absent member may not attend by electronic means. It is the intention of these rules to make every reasonable effort to permit absent members to be present by the use of electronic media technology; however, such presence shall in all cases be dictated by available technology to preserve and protect the Commissions' public records under Chapter 119, Florida Statutes, and integrity of the Commissions' continuing compliance with the Florida Sunshine Law contained in Chapter 286, Florida Statutes. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it slmll not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS DAY OF , 2001. C:~,WI~ )WS\Temporary Internet Files\OLKSl E0~Electronic media technology.doe MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATTORNEY lntemet Fil~s\OLK.51EO~Electronic media technology.doc Requested City commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21. 2001 [] September4, 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 XII. - LEGAL ITEM A. 1 Date Final Form Must be Turned ~n to Cit~ 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 [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place this item on the August 21, 2001 City Comm ssion agenda under Leech, Ordinances-Second Reading. This ordinance was approved on First Reading at the August 7th City Comn~ission meeting. The subject ordinance has been drafted by staff and is to amend the Land Development Regulations, Chapter 2. Zoning, Section 11.1 (C) Non-conforming Lots. This amendment will increase the developability of originally platted, 50-foot wide lots for single family homes by reducing the criteria for non-conforming status to only require that an eligible lot be platted prior to this amendment, an~ that the lot have a minimum frontage of 50 feet and minimum area of 5,000 square feet. These two criteria are currently included as part of the criteria for being a non-conforming lot; however, the amendment would eliminate the requirements including the land assembl~age and single lot ownership tests. It should be noted that current regulations would require that the developrpent of these small lots include on-site drainage retention requirements to comply with local and agency standards. EXPLANATION: At present, the only Way a non-conforming lot can be eligible for development is if it meets all the the following criteria: 1. ~[he parcel must contain at least one (1) whole platted lot; 2. he parcel must have lot frontage of not less than 50 feet and a minimum area of 5,000 square feet; 3. ,Property cannot be acquired from adjacent parcels so as to make the subject parcel/structures thereon to become non conforming or more non-conforming; 4. Applicant cannot own.adjacent substandard parcels which could be combined to meet the minimum lot requirements of the underlying zoning regUlations; .5. If multiple adjacent parcels are owned by the same person, only one of the substandard parcels can be developed; and 6. The subject parcel must have been owned by the applicant prior to the effective date of the current regulations, which is February, 1978. This criteria, and in particular item #6 above, is so restrictive that it only applies to those individuals who have owned asubstandard lot since at least 1978. Although the intent of the city was to require that these lots be assembled and developed in accordance with the regulations of the underlying zoning district, the affect, which is realized Ioday during a period of high demand for affordable single family housing, is to prevent the out-right development of these lots without a variance. It should be noted that nearly all variance requests for origihally S:~BULLETIN'~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM : QUEST FORM platted lots of this size are approved. Desp te the favorable outcome of these requests, the variance process adds costs and time to a process v~hich is sensitive to both factors. Since the implementation of the City of Boynton Beach's Affordable Housing Program, the city has built numerous homes on non conforming lots located within the target.area. Nearly all of these projects required variances as the properties did not meet the minimum ot restrictions for the respective zoning district. This process was time consuming and costly as loans were pend ng On the Projects. Staff questions the necessity for these restrictions given that in all the referenced instances the subject projects were consistent with adjacent or nearby homes/lots currently existing in the subject area. The City of Boynton Beach receives annually anywhere from $300,000 to $450,000 from the State Housing Initiative Partnership (SHIP) Program, to assist with the affordable housing program. As a result, we were required to write an~d adopt a Local Hous ng Assistance Plan that would outline the strategies the City of Boynton Be[ach wou d use to implement this program. One of the goals that' the' state encourages is the relaxation of land development regulations that do not support affordable new housing. If these non conforming lots which are usually located within the target area are not allowed to be built on, there is an increased chance that the city's effort to eliminate slum and blight .will' be severely crippled. In addition, the city may have some legal exposure from the perception that its actions have the effect of denying individuals the right to any use of their property. Also supporting the proposed amendment, is .Policy 6.3.12. found in the Housing Element of the 1989 City of Boyntor~ BeaCh cOmprehensive P an. This po icy specifically requires that the City amend the zOning ordinance to allow construction on nOn-conforming residential !0ts if the resulting development provides well-designed housing that is corn patible with the neighbOrhoOd. The proposed ordinance is consistent With the Policy, furtlqers the intent of the Comprehensive Plan, and is the minimum action required for implementing the policy. There remain approximately 62 undeveloped lots that measure 50 feet wide and a minimum of 5,000 square feet n area. These lots are clustered in three different areas of the City, with approximately 53 of them being located within the Community Redevelopment Area (CRA). MOre Particularly, the Subject lots can be fou-nd within th.at portion of the CRA located south of the Boynton (C-16) Canal, east of 1-95, West of the FEC Railroad right-of-way and no rth of Boynton BeaCh Boulevard. A total o~ 6 of these lots remain undeveloped within the Lake Addition Subdivision (that portion of the CRA located east of US-l, north of NE 6m Avenue, and south of NE 10t~ Avenue. Lastly, 3 of these small lots remain undeve oped within the Lake Boynton Estates Subdivision (west of !-95 and south of Boynton Beach Boulevard). It shoul;d be noted that this is r~ot a complete nventory of all developed, 50 foot wide lots within the city as many subdivisions were developed-out prior to the adoption of current non- conforming regulations. PROGRAM IMPACT: Proposed amendment furthers state.and local housing initiatives and implements the city's Comprehensive Plan. FISCAL IMPACT: n/a ALTERNAT. I.VES: Not approve or modify subject ordinance. ,./'~(~/q~(~/.~.~/)'L~'-~/f ' ' ~ity Manager s~' Signature '-- D&,~elopme~t Ibep~rtment D~ector ]~[-' City AttorneY/FF6ance / Human Resources Plan~ing-& Zort~)q'rector _ . S:\Planning\SHARED\Wt~SPECPROJ~Regulations\Non'c°nforming Iots~Agenda Ite~ Kequest For~li~August 21 .doc.dot S:kBULLETIN~ORMS'~AGENDA STEM REQUEST FORM.DOC AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2. ZONING, CHAPTER 11.1 SUBSECTION C. NONCONFORMING USES AND STRUCTURES, TO PROVIDE FOR A REDUCTION IN THE REQUIREMENTS APPLICABLE TO NONCONFORMING LOTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WItEREAS, Chapter 11.1 C. of the Land Development Regulations sets forth the egulations that govern nonconforming uses and structures within the City of Boynton Beach; and WHEREAS, staff has recommended changes to this Section of the Code to (1) ~romote the fight to develop originally platted lots; (2) support and implement policies and programs related to the construction of affordable housing; and (3) encourage infill development and removal of undeveloped and blighted properties from the landscape. 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 continued by the City Commission. Section2. That Chapter 2. Zoning, Section 11.1, subsection C, 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: C. NONCONFORMING LOTS. 1. a detached siflgle-family dwelling may be constructed on any parcel located in a R-l, R-IA, R-2 or R-3 district provided that it meets all of the following requirements: was platted prior to the effective date of the adoption or amendment of these zoning regulations; The parcel has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet~ (irregular, other than rectangle-shaped lots With less than 5,000 square feet of area may be developed if in conformance with all other lot regulations; All such parcels, when developed, shall comply w~ith all provisions. of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations rel~ardin,u the impact of construction and drainage on or to adjacent properties.,. Section3. Each and every other provision Regulations not herein specifically amended, shall remain ,riginally adopted. Sectioh 4. of the Land Development in full force and effect as All laws and ordinances applying to the City of Boynton Beach ~n :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance ~or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of August, 2001. SECOND, FINAL READING AND PASSAGE this __ day of X. ugust, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk \UGCDE_FSkLIBRARY~ 1990k900182.BB\ORD\Amdendinq[ LDR 01) docH'\lnnmnnn~°~ r~mnor~ ^_~.4:~g~ r~o r,~. .... .~ ~ ~ ,--, ,-r~ ~,a n,) .~ Chapter 11.1 C. (8-13- XII. - LEGAL ITEM B.1 Reqtiested City Commission ~ Dat~ [] July 17, 2001 [] Augtist 7, 2001 [] AugUSt 21, 2001 [] September4, 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ' in to Ci - Clerk's Office Meetin~ Dates. in to C'~ Clerk's Office. July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 200l (5:00 p.m.) [] October 2, 2001 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, 2001 (5:00 p.m.) ~-~ [] Administrative [] Development Plans [] Consent Agenda [] New Business co [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation -,,.! - Prt c'~ [] City Manager's Report RECOMMENDATION: Please place this request on the August 21, 2001 City Commission Agenda under Legal- First Reading. The City Commission, during its public hearing held on August 7, 2001, approved this request for t sub ect to the condition that a new replacement (drainage) easement be recorded prior to final approval. For abandqnmen J ......... .er~_~l ..... f Memorandum No. PZ 01-149. further details pertaining to this request see uepartmem m~ .... v ......... EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCXTION: DESdRIPTION: VILLAS AT QUANTUM LAKE Mark Hanson Villas at Quantum Lake Corporation Quantum Lakes Drive ~ Quantum Boulevard Request for abandonment of a twelve (12') foot drainage easement between Lots 59 and 60 of Quantum Park at Bo~vnton Beach Plat No. 6. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A A~TE,R~ATWES: N/A ~. ~ I~e~op~e~Departme City Manager's Signature ~"' City Attor~_/_~j7]~inance/HumanKe Plan~xlg & Zon~l~'q~l~¢C o aka Grotto Bay~AN 01=002kAgenda Item Request 8=21-01.dot S:kPIanning~SHARED\WP~PROJECTS\Villas at Quantum Lakes SSBULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, A TWELVE LOTS 59 BOYNTON TO EFFECT~E DATE. OF QUANTUM PARK AT PLAT NO. 6, MORE DESCRIBED HEREIN; OR AND CITY CLERK SHALL BE )RDS OF PALM PROVIDING AN WHEREAS, Mark M. Hansen of Olen Residential Realty Corporation, agent for Villas of Quantum Lake CorpOration, a Florida Limited Parmership, has requested the abandonment a 12 foot drainage easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6 as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandon}nent; 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 by and through its City Commission, does hereby abandon a 12 foot drainage easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6 as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida and more particularly described herein as composite Exhibit "A", subject to the recording of the new (relocated) easement, a copy of which is attached hereto as composite Exhibit "B", and all other staff comments. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this day of August, 2001. SECOND, FINAL READING AND PASSAGE THIS September, 2001. day of CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk s:ca\OrdinanceskAbandonmenfll2 foot drainage easement - Quantum Villas LEGAL DESCRIPTION 3EING A PORTION OF LOTS 59 AND 60, PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGES 191 THROUGH 193, PUBLIC qECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL OF THE 12.00 FEET WIDE DRAINAGE EASEMENT AND WATER MANAGEMENT ACCESS EASEMENT TO TRACT "M" IN FAVOR OF QUANTUM PARK PROPERTY OWNERS ASSOCIATION, INC., LYING 6.00 FEET ON-EACH SIDE OF THE NORTH LINE OF THE AFOREMENTIONED LOT 59. CONTAINING 5015.17 SQUARE FEET, 0.11 ACRES, MORE OR LESS. SURVEYOR'S NOTES BEARINGS SHOWN HERON ARE REFERENCED TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RESULTING IN A BEARING OF SOUTH 43'13'54" EAST ALONG THE NORTH LINE OF LOT 59, AS SAME S SHOWN ON SAID PLAT. THIS SKETCH OF LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M. SMITH, FLOR DA CERTIFICATE NO. 4676. TI SMITH, P.S.M. FLORIDA CERTIFICATE NO. 4676 TIMOTHY M. SMITH LAND SURVEYING, INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 55411 (561) 792-9157 LB #6865 SKETCH OF LEGAL DESCR I PT I ON RELEASE OF EASEMENT PREPARED FOR QUANTUM PARK AND VILLAGE, LLC SHEET 1 Of 2 SCALE: N/A DATE: SEPTEMBER 2000 / DIRECTORY: QUANQUAN~ FIELD BOOK: N/A DWG NO.:QUANSK01 j if CURVATURE EXHIBIT "A" EASEMENT TO BE ABANDONED 59 QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6 PLAT BOOK 57, PAGES 191--193 A SURVEY M. SMITH ~ lNG, LNC. ~-rji~% 103 SUNFLOWER STREET ~ ROYAL PALM BEACH, FL 334-11 · ~11..~' (561) 792-9157 LB /~6a65 TRACT "A-I" ~z WATER MANAGEMENT TRACT "M" PLAT BOOK 57, 191-193 SHEET 2 OF 2 ' SKETCH OF LEGAL SCALE: 1 ",=100; DESCR I PT I ON DATE :. SEPTEMBER 2000 RELEASE OF EASEMENT Ol RECTORY: QUANQUAN PREPARED FOR · QUANTUM PARK AND FIELD BOOK: N/A VI LLAGE, LLC OW(; NO.: QUANSK01 j qu~nskO2,~g g-ll-O0 10~27~02 pm EST LEGAL DESCRIPTION BEING A PORTION OF LOTS 60 AND 61 BEACH, P.I.D. PLAT NO. 6, RECORDS OF PALM BEACH COUNTY, PLAT OF QUANTUM PARK AT BOYNTON 57, PAGES 191 THROUGH 195, PUBLIC , DESCRIBED AS FOLLOWS: ALL OF THE 20.00 FEET WIDE UTILITY EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH, LYING 10.00 FEET ON EACH SIDE OF THE NORTH LINE OF THE AFOREMENTIONED LOT 60. CONTAINING 9508.05 SQUARE FEET, 0.22 ACRES, MORE OR LESS. SURVEYOR'S NOTES BEARINGS SHOWN HERON ARE REFERENCED TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RESULTING iN A BEARING OF SOUTH 58'03'17" EAST ALONG THE NORTH LINE OF LOT 60, AS SAME IS SHOWN ON SAID PLAT. THIS SKETCH OF LEGAL DESCRIPTION IS NOT VALID WITHOUT' THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M. SMITH, FLORIDA CERTIFICATE NO. 4676. TI M~6THY M. SMITH, P.S.M. FLORIDA CERTIFICATE NO. 4676 TIMOTHY M. SMITH LAND SURVEYING, INC. 105 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 ~ (561) 792-9157 'LB #6865 SKETCHOF LEGAL DESCRIPTION RELEASE OF EASEMENT PREPARED FOR QUANTUM PARKAND VILLAGE, LLC SHEET 1 OF 2 SCALE: N/A DATE: SEPTEMBER DIRECTORY: QUANQUA~ F I ELD BOOK: N/A ] OWG NO.: QUANSK02 J Fuo. mskOR,d~g 9-11-00 ,,-.-- m 10~27:02 pm EST // f// ~ / / // / 1 5' U~LITY / 1' EASEMENT / / PLAT BOOK 57, 191-193 61 I / / / 60 QUANTUM PARK AT BOYNTON BEACH, P. I.D. PLAT NO. 6 PLAT BOOK 57, PAGES 191-19,:3 · ,,,o..,, LAND SURV G, C 103 SUNFL~R STREET ROYAL PALM BEACH, FL ,33¢11 (561) 792-9157 LB #6865 SHEET 2 OF 2 SCALE: 1"=100' SKETCH OF LEGAL DESCRIPTION DATE: SEPTEMBER 2000 RELEASE OF EASEMENT DIRECTORY: QUANQUAN PREPARED FOR QUANTUM PARK AND FIELD BOOK: N/A VILLAGE, LLC DWG NO.:QUANSK02~,~ DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby'abandon an easement lying between lOts 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No, 6 as recorded in Plat BOok 57~ Page 191, Public Records of Palm Beach County, Florida, more particularly described herein as Exhibit ,'A,. IN WITNESS WItEREOF, the duly authorized officers of the City of ~oynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of ,2001. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Interim City Clerk Gerald Broening, Mayor STATE OF FLOR[DA COUNTY OF PALM BEACH ) )SS: ) BEFORE ME, the undersigned authority, personally appeared GERALD Broening and JANET PRAINITO, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their flee hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of ,2001. NOTARY PUBLIC, State of Florida My Commission Expires: EXHIBIT "A" TO: THRU: FROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-149 Chairman and Members Planning and Development Board Michael W'. RurrlP~ Planning and Zoning Director Jose R. Al?ar~o Planner DATE: SUBJECT: July 19, 2001 Villas at Quantum Lakes A_BAN 01-002 NATURE OF REQUEST Mark M. Hansen of Olen Residential Realty Corporation, agent for Villas of Quantum Lake Corporation, A Florida Limited Partnership, has filed this application to abandon a 12-foot drainage easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND In February, 2000, The Quantum Park DRI Development Order #10 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permits office, commercial and residential uses. The easement exists on property planned for a multi-family residential component of a conceptual Master Plan known as Villas at Quantum Lake. The developer proposes the construction of eighteen (18), two- story buildings. One (1) of the proposed buildings would be constructed on portions of an existing 12- foot drainage easement dedicated by plat to the Quantum Park Property Owners Association, Inc. (see Exhibit "B" - proposed site plan). The developer is requesting the abandonment of the above-referenced easement located at either side and along the dividing parcel line between lots 59 and 60, to facilitate the development of the project. It should be noted that the applicant is proposing replacement of the existing drainage easement with a new 20-foot drainage easement located partially on lot 59, and partially on lot 60 (see Exhibit "C" - proposed drainage easement). ANALYSIS According to the applicant, the subject easement is currently not being utilized by any agency and/or city, and is not of interest for future use by any local public or private utility company. Furthermore, the City departments involved in the review of all requests for abandonment are identified bellow. Public notice was given to the property owners that abut the easement and it has been advertised in the newspaper. The responses by the qity departments are as follows: Page 2 Memorandum No. PZ 01-149 ABAN 01-002 CITY DEPARTMENTS Engineering Utilities Planning and Zoning Review incomplete No objection. No objection. Due to the nature of the subject easement, drainage, no utility company was notified of the abandonment request. Furthermore, the Quantum Community Development District approved the proposed abandonment and its relocation on their November 22, 2000, meeting. The follOwing is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North South East West Lot 62 Quantum Park, vacant property zoned PID; Lot 58 Quantum Park, vacant property zoned PID; Quantum Lakes Drive right-of-way and farther west, Water Management Tract "P" and Tract "Q" Quantum Park; Water Management Tract "M" Quantum Park and Sand Pine Preserve lot in Quantum Park. RECOMMENDATION Staff realizes that the existing location of this drainage easement partially jeopardizes the realization of the project; also, staffrecogmzes that the subject easement s purpose will be accomphshed throug relocation of a more efficient 20-foot drainage easement. Therefore, staff recommends that the subject abandonment request be approved subject to the recording of the new (relocated) easement, the satisfaction of any condition generated by the Engineering Department (still on going), and any other conditions of approval recommended by the Planning and Development Board or required by the City Commission, and to be placed in EXhibit "D" - Conditions of Approval. xc: Central File S:\Planning~SHARED~WP~ROJECTS\Villas at Quantum Lakes aka Grotto BayL~.BAN 01-002~Staff Repore 01-002.doc LOCATION MAP EX~H~I~.I:T "A ~ ,.GROTTO BAY ..x: ' ~ /~ o~¢ooo0~ ~ ~ ~:" ~..,,,,,.,~, ~ ~ t,'-...,3 .. ?: · ~:' ~. ;; 07/2001 I! EXHIBIT "A" EASEMENT TO BE ABANDONED // LIFT STATION PLAT BOOK 57, 191-195 · ',,,.15' UTILITY 'x__ EASEMEN T PLAT BOOK 57, 191-193 60 59 QUANTUM PARK AT BOYNTON BEACH, P. i.D. PLAT NO. 6 PLAT BOOK 57, PAGES 191-19,3 TIMOTHY M. SMITH .AND SURVEYING, INC.~ ~o3 SUNFLOWER STREET ROYAL PALM BEACH, FL 33¢11 (561) 792-9157 LB #6865 TRACT "A-1" SKETCH OF LEGAL DESCRIPTION RELEASE OF EASEMENT PREPARED FOR QUANTUM PARK AND VILLAGE, LLC TRACT "A-2" WEST 379.83" WATER MANAGEMENT TRACT "M" PLAT BOOK 57, 191-193 SHEET 2 OF 2 SCALE: 1"=100' DIRECTORY: QUANQUAN I FIELD BOOK: N/A DWG NO.: QUANSK01 EASEMENT TO BE REL._OCA T_E_D CORNER PB 57,' 91--193 NOTES: ~ -'--' 1. INFORMATION CONS T t SURVEY ,OF 2. NOT T, HE .-.;L I CENSED .3. ~3CK. ,'~ [ CENSED .'-'"~OU'FHEAST L AT BOYNTON RECORDED · PUBL I C I FLOE 1 DA EAST. QUAN33JM BEACH, PB 57, PGS 1 AND JlDA AS · 193, (BASIS UNE N47'14.'59'E 15' UE LEGEND - OE DRAINAGE EA$1~MI~NT TRACT "A--1" PB PLAT BOOK P0B POINT OF' ~E~INN~NG WATER MANAGEMENT TRACT "M" 60 PB $46' 46' a 4- )R 1VE 93 POC CORNER LOT 5S DETA A -so NOT TO N~-7'1 ¢'59'E 74.1.41' 517.26' 0r CENTEt~UNE TRACT "A-2" SHt~'T 2 0F 2 PO I NT OF' COMMENCEMENT SEC. 17, ~/P. 45 S., I~E. 43 E .~v: --- rL ~a..o. ~ ;~ ~- FL L~. ~: ~l 20 DRNNAGE: ~/S~L~ ~L0: --- - . '~" ILAK£ ACCESS EASEN.ENTi O$ : ! LOTS S~-~O ----! ORAWN: - a~4N~~ I QUANTUM PARK AT BO'FNTONI I BEACH, P.I.D. PLAT NO. 6 J PJU~O. N303&31 /~m~: a ~E-J3~._[.5720 Corpor~te.Woy, West Palm ae~ch, FloHde 33,~07J PB 57, PG$ lS1-195 i1:~ NO (561~ 683-3113. f~x ~,78-7248 J SEC iT. TW~ ~S S. R~E &3 [J - -~.,,.-.- ,~- TOTRL P, I~3 EXHIBIT "D" Conditions of Approval Project name: Villas at Quantum Lakes File number: ABAN 01-002 Reference: Application to Abandonment with a June 20, 2001 Planning and Zoning Division date stamp marking. DEPARTMENTS · INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE ' ' X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Con~nents: NONE X PLANNING AND ZONING Comments: 1- New drainage easement to be recorded prior to final approval. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/dim S:XpLANNING~SHARED\WP~PROJECT$\VILLAS AT QUANTUM LAICES AKA GROI'rO BAYLSd~AN 01-002\CONDITION'S OF APPROVAL. DOC DEVELOPMENT ORDER OF THE CITY COM:MISSION OF THE CITY OF BOYNTON BEA(:;H, ,FLORIDA PROJECT NAME: Villas at Quantum Lakes APPLICANT'S AGE NT: Mark M. HanSen of Olen Residential Realty COrporation APPLICANT'S ADDRESS: 1062 Coral Ridge Dr.- Coral Springs, FI 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 07, 2001 TYPE OF RELIEF SOUGHT: Request for drainage easement abandonment LOCATION OF PROPERTY: East side of Quantum Lakes Drive DRAWING(S):: SEE EXHIBITS "A", "B", and "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date Of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administr&tive staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT o established by substantial competent evidence a basis for the relief requested. The conditio ns for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED~WP~PROJECTS\Villas at Quantum Lakes aka Grotto Bay~ABAN 01-O02~Develoc)n'~nt Order.doc Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed in to City Clerk's Office July 5, 2001 (5:00 p.m.) Ju~y 18, 2001 (5:00 p.m.) August 8,200l· (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 [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance on First Reading, to amend provisions of the Sign Code to facilitate enforcement, administration and to comply with emerging legal guidelines. EXPLANATION: City administration has been in the process of a review of the provisions of the City's Sign Code and has made recommendations based upon administrative considerations, emerging trends, aesthetic concerns and emerging legal guidelines to amend certain sections of the Code as they relate to Banners. PROGRAM IMPACT: FISCAL IMPACT: ALTERNAT~IWlgS :/7 DeP~6t Head's Signature James A. Cherof Department Name ~ture City Attom{i~j~ Yl~inance / Human Resources S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. Ol - XII. - LEGAL ITEM B.2 AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~AMENDING PART III, "LAND DEVELOPMENT REGULATIONS", CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS"; TO CLARIFY THE DEFINITION FOR THE TERM "BANNER"; AMENDING PART III, "LAND DEVELOPMENT REG~ATIONS", C~PTER 21, "SIGNS", ARTICLE II, "VARIANCES/EXEMPTIONS AND PROHIBITIONS", SECTION 3, "PROHIBITIONS", AND ARTICLE III, "SPECIAL CONDITIONS", SECTION 6, "SPECIAL SIGNS", PARAGRAPH E, "TEMPORARY BANNERS", OF THE CODE OF ORDINANCES; CLARIFYING THAT ALL BANNERS ARE SIGNS IN ALL ZONING ; PROVIDING FOR WHEREAS, the City administration has been in the process of a review of the '' of the City's Sign Code and has made recommendations based upon considerations, emerging trends, aesthetic concerns, and emerging legal guidelines; and WHEREAS, the City Commission has determined that it is in the best interest of community to amend provisions of the Sign Code to facilitate enforcement, and to comply with emerging legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the of the City's regulation of signs in a manner which balances aesthetic concerns, commercial needs, and existing property fights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and ratified and confirmed by the City Commission. Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of Re Land Development Regulations, Part III of the Code of Ordinances is amended as follows: BANNER- the Characters, letters, illustrati°ns or ornamentations applied to cloth, paper, film or: fabric: of any kind, for a backing. Section 3.' Chapter 21, Signs, of the Land Development Regulations, Part III Df the Code of Ordinances is amended as follows: ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Section 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not ~meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons D. Banners r.^,. :~..~:~ ..... ;~ ~;.,; ...... . recreational, So ARTICLE III. SPECIAL CONDITIONS Section 6. Special Signs Section 4. Conflicting Ordinances. ordinances or reSolutions or parts thereof in conflict herewith are hereby repealed the extent of such conflict. Section 5. Severability. any section, sentence, clause, or phrase of this Ordinance is held to be invalid or by any court of competent jurisdiction, then said holding shall in no way remaining portions of this Ordinance.. Section 6. Inclusion in Code. is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, the provisions of this Ordinance shall become and be made a part of the CITY OF BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "arti 1" c e, or such other appropriate word or phrase in order to accomplish such intentions. Section 7. Effective Date. This Ordinance shall become effective thirty (30) calendar days after adoption by the City Commission. FIRST READING this day of ,2001. SECOND, FINAL READING AND PASSAGE this day of ,2001. CiTY OF BOYNTON BEACH, FLORIDA ~,TTEST: City Clerk Mayor Vice Mayor Commissioner Commissioner Commissioner \~JGCDE_FS~LIBRARY~I990L000182.BB\ORDX2001 Sign Code Banner Revision_.doc s:ca~Bannera081301 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September4, 2001 XII. - LEGAL ITEM D.l.a. CITY OF BOYNTON BEAC i, AGENDA ITEM REQUEST FORffh, 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 Commission Meetin~ Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's 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.rm) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: The Code Compliance Board recommended reducing the lien in case #99-2099, to administrative costs of $634.12. (Minutes enclosed) The original amount of the lien was $13,575.00 plus the aforementioned administrative costs. As per City Ordinance 001-07, the City Commission and applicant have seven (7) days to review the Board's Order and request reconsideration by the City Commission. EXPLANATION: In this case, the applicant (Arsali & Associates) has requested this matter be-brought before the City Commission with the intention of eliminating the fine altogether. The applicant obtained the property subject to our lien, approximately one week after our lien was recorded. Because of the narrow margin of recording the paperwork, their title search performed several weeks prior would not have picked up our lien, as it had not yet been recorded. This is not any fault of the City, and does occur from time to time, and quite frankly, does not serve as "cause" for abating the fine. PROGRAM IMPACT: The property is in full compliance, and to my knowledge is an investment venture on behalf of the applicant. FISCP~L IMPACT: If reduced further, the City would not recover the costs of processing this case, including recording of the documents. ALTERNATIVES: Accept the Board's recommendation, modify it not to exceed $13,575.00 plus the $634.12 in administrative~~~~.~~;~c0sts,~qr rescind the entire fine as requested by the applicant.]/.~/~,~ _ / ' ~'{~y Manger s Signature / Department Head's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETR~ORMSXAGENDA ITEM REQUEST FORM.DOC from Meetir Minutes Li~ Code Compliance Board Meeting July 18, 2001 Case No. 98-3960'- Patricia Dupras 1205 N.W. 13th Avenue Inspector Pete Roy presented the case for Mr. Willie Webb, stating that the property was originallY cited on November 20~ 1 :f the Standard Building Code. A C°~le c~3m:pliance Board on: December 16, 1998 and Ms. Dupras did not appear The ; of December 26, 1998 or be fined ay. The property came February 16, 1999 with a fence the only remaining i s. DUpras met with InSPector Roy on 999, she was in one that was dated the same she was advised that :the permit was permit and the work was completed .1.999. The City r Patricia Dupras, 1205 N.W. 13th Avenue, Boynton Beach, stated that there had been three months from the date she got the first notice until the date of total compliance. Dudng that time she had been actively trying to comply. Motion Based On the testimony and evidence presented in Case No. 98-3960, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton BeaCh Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 98-3960, by virtue of this Board's Order of December 16, 1998, be reduced to no fine: This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Ms. Williams seconded the motion that carried unanimously. Case No. 99-2099 Russell Case & Nick Arsali 3 Harbour Drive No. Ocean Ridge, FI 33435 417 S.E. 20th Avenue Inspector Roy stated that the property had originally been cited on August 24, 1999 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on November 17, 1999 and the Respondents appeared. A compliance date and proposed fine were set by the Board of January 17, 2000 or be fined $25.00 per day. The property came into compliance orr-July 13, 2001. The fine was currently at $13,575 plus affidavit filing costs and inspections. Inspector Roy asked to hear from Mr. Arsali before giving the City's recommendation. Nick Arsali, 3 Harbour Drive, North Ocean Ridge, F! stated that the City had filed the lien on March 13 and on March 20, the foreclosure attorney sent out a notice of Lis Pendens warning persons having an interest in the property that the title of the property Excerpts from Meeting Minutes Lien Reduction Cases Code Compliance Board Meeting July 18,2001 was in litigation. When the property went through foreclosure, the City of Boynton Beach was not named Defendant so the Respondents were unaware of the lien or any violation. When the Respondents got the title to the property, the Respondents contacted an attomey who advised them that the lien was still standing and that they would have to apply for a lien reduction. They had to have the property inspected for the lien reduction andthe Respondents met with Mr. Blasie who pointed out some items that they took care of immediately. The Respondents believed that the fine would stop running since they had completed all the work that had been requested at the time of the inspection. Inspector Roy commented that since the Respondents had the property, it had undergone a positive transformation. Mr. Miriana asked why the title search did not reveal the lien and Mr. Arsali responded that title searches were normally done two weeks before the Lis Pendens. The City actually filed the lien on March 13 and on March 20, the Lis Pendens went out from the foreclosing attorney's office. Motion Based on the testimony and evidence presented in Case No. 99-2099, and having been advised that the Respondent has complied with all lien reduction procedures set forth in. Sections 2-84 through 289 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board find that the fine instituted in Case No. 99-2099, by virtue of this Board's Order of November 17, 1999, be reduced to $634.12 in administrative costs. This Order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Mr. Miriana seconded the motion. Chairman DeLiso requested that the Recording Secretary call the roll. The motion passed 4-2, Chairman DeLiso and Mr. Rossi dissenting. Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August~l, 2001 [] September 4, 2001 XII.- LEGAL ITEM D.2 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 Susan Flickinger v. City of Boynton Beach PLAINTIFF COUNSEL: Gary Iscoe, Esq., Steinger & Iscoe, P.A. DEFENSE COUNSEL: George P. Roberts Jr., Esq., Roberts & Reynolds, P.A. (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities/Florida Municipal Insurance Trust list of approved counsel.) RECOMMENDATION: Accept the agreed upon settlement with Plaintiff in the mount of $11,000. EXPLANATION: The Plaintiff was a passenger in a vehicle stopped for a stop sign westbound on Old Spanish Trail at the intersection ofN. Seacrest Blvd. City, Police Officer was traveling on N. Seacrest Blvd. pursuing a stolen vehicle. Pohce Officer attempted to make a right mm onto Old Spanish Trail and struck the stopped vehicle. Plaintiff sustained injuries to lumbar sprain/strain, cervical radiculitis, thoracic sprain/strain, cervical cranial syndrome, TMJ syndrome, cracked tooth, post concussion syndrome, and carpal runnel syndrome, as well as lost time wages. Plaintiff incurred medical expenses in excess of $21,000. Plaintiff's original demand was $100,000. Court ordered mediation resulted in an impasse. AdditiOnal negotiations were conducted. Settlement was agreed to contingent upon City Commission approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $15,000 to $95,000. Additional defense trial legal costs are estimateyl at $25,000. l~ee~--~4~ead's Signa~u~ '~ -'X-~it~-IQlanager s Signature RISK MANAGEMENT ~~ ~/,,_ J~ ~¢.W..~ Department Name ~ City Att~l~;~'/Finance / Human Resources Cjm/Claimaut/Flickingers01 .dot S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager, Services FROM: Charles J. Magazine ~q._~ Risk Manager DATE: August 8, 2001 SUBJECT: Susan Flickinger v. City of Boynton Beach Date of Loss: Janlmr~ 25, 1997 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement_ Judgement RESERVES: Indemnity: $ 25,000 Expenses: $ 10,000 Demand: Original: $100,000 Final: $ 12,500 Offer: Original: $ 5,000 Final: $ 11,000 X SETTLEMENT: $ 11,000 This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility ~or any damages or injuries reSulting therefrom. NOTE: Current Adjustment Fees: IF NOT SETTLED Projected Legal Fees: $ 500 Current Legal Fees: $ 8,552 $ 25,000 Projected Jury Verdict: $15,95,000. JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: The Plaintiff was a passenger in a vehicle stopped for a stop sign westbound on Old Spanish Trail at the intersection ofN. Seacrest Blvd. City Police Officer was traveling on N, Seacrest Blvd. pursuing a stolen vehicle. Police Officer attempted to make a right turn onto Old Spanish Trail and struck the stopped vehicle. Plaintiff sustained injuries to lumbar sprain/strain, cervical radiculitis, thoracic sprain/strain, cervical cranial syndrome, TMJ syndrome, cracked tooth, post concussion syndrome, and carpal tunnel syndrome, as well as lost time wages. Plaintiffincurred medical expenses in excess of $21,000. Settlement was agreed to during negotiations following impasse at a court ordered mediation. Settlement is contingent upon City Commission approval. Cjm/Claimaut/Flickingers02.doe ,~TSS~OLDS - TELEPHONE (561) 688-6560 FACSIMILE ($61) 688-2343 P.~AL~GA~S KATNRY# L. RIIYEI KAMEN& IEDICKI Au~ 7, 2001 VIA FACSIMILE & U..$. MAIL Gar~ T. Iscoe, Esq. 5teingeu' & Iscoe, P.A. 16~ Palm Beach Lakes Blvd., Suite ~00 West Palm B~.fi, Florida 33401 Susan Flickinger v. Cit~ of Boynton Beach R~R P'ilc No.: 99188 . l ; Th~ will co~ our tel=phone conver-~.at/on o/'AUl~.zst?~ with respect to settlement of thc above ma~er. This will confirm that the risk manager is going to rcc6mmend to the City Commission to settl~ tbis em.qe for S 11.000.00. Th/s will be a ~ and filial settl .~nt with Ms. Fllckizxg~ executi~ a general release in favor of the City and a st/pulation for dimn/s~ Of the above case with prejudice. ~ side ~ b~r its own cern aucl attomr/s' f~$. J If the City Commission approves such a settlementi offer, you have advis~I that Ms. Flicking, er will accept it and e,o~_~,mm-*~ .the seulement as out$t, ned : · Since you currently do uut oflici~ily represent l~Ls. Flic~ger, since you have withdrawn, wo~d ~I~¢iat~ it if you maid have ~ lctt.r ~igned 1~ M~ l~li¢ldng~ and mm.m~d 1 Gary T. Isco¢, F, sq. Nllckinger v. Boynton Beach Autitst 7, 2001 Pase, 2 Thanks for ~yOur cooperation and assis~cc. cc: Charles Mn~nzine, Risk Manager ' ACCEPTED AND APPROVED BY: Susan Flickinger Very trul) yours, GEORGEP. RO'~'~O--'~,,JI~ For the Fiim